[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2419 Reported in House (RH)]
Union Calendar No. 44
109th CONGRESS
1st Session
H. R. 2419
[Report No. 109-86]
Making appropriations for energy and water development for the fiscal
year ending September 30, 2006, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 18, 2005
Mr. Hobson, from the Committee on Appropriations, reported the
following bill; which was committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for energy and water development for the fiscal
year ending September 30, 2006, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2006, for energy
and water development and for other purposes, namely:
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to rivers and harbors, flood and storm damage reduction,
aquatic ecosystem restoration, and related purposes.
General Investigations
For expenses necessary for the collection and study of basic
information pertaining to river and harbor, flood and storm damage
reduction, aquatic ecosystem restoration, and related projects, restudy
of authorized projects, miscellaneous investigations, and, when
authorized by law, surveys and detailed studies and plans and
specifications of projects prior to construction, $100,000,000 to
remain available until expended: Provided, That, except as provided in
section 101 of this Act, the amounts made available under this
paragraph shall be expended in accordance with the terms and conditions
specified in the report accompanying this Act.
Construction
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, aquatic ecosystem restoration, and
related projects authorized by law; for conducting detailed studies,
and plans and specifications, of such projects (including those
involving participation by States, local governments, or private
groups) authorized or made eligible for selection by law (but such
detailed studies, and plans and specifications, shall not constitute a
commitment of the Government to construction); and for the benefit of
federally listed species to address the effects of civil works projects
owned or operated by the United States Army Corps of Engineers,
$1,763,000,000, to remain available until expended; of which such sums
as are necessary to cover the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities program shall
be derived from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which $182,668,000, pursuant to Public Law
99-662, shall be derived from the Inland Waterways Trust Fund, to cover
one-half of the costs of construction and rehabilitation of inland
waterways projects; and of which $4,000,000 shall be exclusively for
projects and activities authorized under section 107 of the River and
Harbor Act of 1960; and of which $500,000 shall be exclusively for
projects and activities authorized under section 111 of the River and
Harbor Act of 1968; and of which $1,000,000 shall be exclusively for
projects and activities authorized under section 103 of the River and
Harbor Act of 1962; and of which $25,000,000 shall be exclusively
available for projects and activities authorized under section 205 of
the Flood Control Act of 1948; and of which $8,000,000 shall be
exclusively for projects and activities authorized under section 14 of
the Flood Control Act of 1946; and of which $400,000 shall be
exclusively for projects and activities authorized under section 208 of
the Flood Control Act of 1954; and of which $17,400,000 shall be
exclusively for projects and activities authorized under section 1135
of the Water Resources Development Act of 1986; and of which
$18,000,000 shall be exclusively for projects and activities authorized
under section 206 of the Water Resources Act of 1996; and of which
$4,000,000 shall be exclusively for projects and activities authorized
under section 204 of the Water Resources Act of 1992: Provided, That,
except as provided in section 101 of this Act, the amounts made
available under this paragraph shall be expended in accordance with the
terms and conditions specified in the report accompanying this Act.
In addition, $137,000,000 shall be available for projects and
activities authorized under 16 U.S.C. 410-r-8 and section 601 of Public
Law 106-541.
Flood Control, Mississippi River and Tributaries, Arkansas, Illinois,
Kentucky, Louisiana, Mississippi, Missouri, and Tennessee
For expenses necessary for the flood damage reduction program for
the Mississippi River alluvial valley below Cape Girardeau, Missouri,
as authorized by law, $290,000,000 to remain available until expended,
of which such sums as are necessary to cover the Federal share of
operation and maintenance costs for inland harbors shall be derived
from the Harbor Maintenance Trust Fund: Provided, That, except as
provided in section 101 of this Act, amounts made available under this
paragraph shall be expended in accordance with the terms and conditions
specified in the report accompanying this Act.
Operation and Maintenance
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law; for the
benefit of federally listed species to address the effects of civil
works projects owned or operated by the United States Army Corps of
Engineers (the ``Corps''); for providing security for infrastructure
owned and operated by, or on behalf of, the Corps, including
administrative buildings and facilities, laboratories, and the
Washington Aqueduct; for the maintenance of harbor channels provided by
a State, municipality, or other public agency that serve essential
navigation needs of general commerce, where authorized by law; and for
surveys and charting of northern and northwestern lakes and connecting
waters, clearing and straightening channels, and removal of
obstructions to navigation, $2,000,000,000 to remain available until
expended, of which such sums to cover the Federal share of operation
and maintenance costs for coastal harbors and channels, and inland
harbors shall be derived from the Harbor Maintenance Trust Fund,
pursuant to Public Law 99-662 may be derived from that fund; of which
such sums as become available from the special account for the Corps
established by the Land and Water Conservation Act of 1965, as amended
(16 U.S.C. 460l-6a(i)), may be derived from that account for resource
protection, research, interpretation, and maintenance activities
related to resource protection in the areas at which outdoor recreation
is available; and of which such sums as become available under section
217 of the Water Resources Development Act of 1996, Public Law 104-303,
shall be used to cover the cost of operation and maintenance of the
dredged material disposal facilities for which fees have been
collected: Provided, That, except as provided in section 101 of this
Act, the amounts made available under this paragraph shall be expended
in accordance with the terms and conditions specified in the report
accompanying this Act.
Regulatory Program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $160,000,000, to remain
available until expended.
Formerly Utilized Sites Remedial Action Program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $140,000,000, to remain available until
expended.
General Expenses
For expenses necessary for general administration and related civil
works functions in the headquarters of the United States Army Corps of
Engineers, the offices of the Division Engineers, the Humphreys
Engineer Center Support Activity, the Institute for Water Resources,
the United States Army Engineer Research and Development Center, and
the United States Army Corps of Engineers Finance Center, $152,021,000
to remain available until expended: Provided, That no part of any other
appropriation provided in this Act shall be available to fund the civil
works activities of the Office of the Chief of Engineers or the civil
works executive direction and management activities of the division
offices.
Office of Assistant Secretary of the Army (Civil Works)
For expenses necessary for the Office of Assistant Secretary of the
Army (Civil Works), as authorized by 10 U.S.C. 3016(b)(3), $4,000,000.
Administrative Provision
Appropriations in this title shall be available for official
reception and representation expenses not to exceed $5,000; and during
the current fiscal year the Revolving Fund, Corps of Engineers, shall
be available for purchase not to exceed 100 for replacement only and
hire of passenger motor vehicles.
GENERAL PROVISIONS
Corps of Engineers--Civil
Sec. 101. (a) None of the funds provided in title I of this Act
shall be available for obligation or expenditure through a
reprogramming of funds that--
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act;
(4) reduces funds that are directed to be used for a
specific program, project, or activity by this Act;
(5) increases funds for any program, project, or activity
by more than $2,000,000 or 10 percent, whichever is less; or
(6) reduces funds for any program, project, or activity by
more than $2,000,000 or 10 percent, whichever is less.
(b) Subsection (a)(1) shall not apply to any project or activity
authorized under section 205 of the Flood Control Act of 1948, section
14 of the Flood Control Act of 1946, section 208 of the Flood Control
Act of 1954, section 107 of the River and Harbor Act of 1960, section
103 of the River and Harbor Act of 1962, section 111 of the River and
Harbor Act of 1968, section 1135 of the Water Resources Development Act
of 1986, section 206 of the Water Resources Act of 1996, or section 204
of the Water Resources Act of 1992.
Sec. 102. None of the funds appropriated in this Act may be used by
the United States Army Corps of Engineers to support activities related
to the proposed Ridge Landfill in Tuscarawas County, Ohio.
Sec. 103. None of the funds appropriated in this Act may be used by
the United States Army Corps of Engineers to support activities related
to the proposed Indian Run Sanitary Landfill in Sandy Township, Stark
County, Ohio.
Sec. 104. In overseeing the use of continuing and multiyear
contracts for water resources projects, the Secretary of the Army shall
take all necessary steps in fiscal year 2006 and thereafter to ensure
that the Corps limits the duration of each multiyear contract to the
term needed to achieve a substantial reduction of costs on the margin;
and limits the amount of work performed each year on each project to
the funding provided for that project during the fiscal year.
Sec. 105. After February 6, 2006, none of the funds made available
in title I of this Act may be used to award any continuing contract or
to make modifications to any existing continuing contract that
obligates the United States Government during fiscal year 2007 to make
payment under such contract for any project that is proposed for
deferral or suspension in fiscal year 2007 in the materials prepared by
the Assistant Secretary of the Army (Civil Works) for that fiscal year
pursuant to provisions of chapter 11 of title 31, United States Code.
Sec. 106. None of the funds made available in title I of this Act
may be used to award any continuing contract or to make modifications
to any existing continuing contract that reserves an amount for a
project in excess of the amount appropriated for such project pursuant
to this Act.
Sec. 107. None of the funds in title I of this Act shall be
available for the rehabilitation and lead and asbestos abatement of the
dredge McFarland: Provided, That amounts provided in title I of this
Act are hereby reduced by $18,630,000.
Sec. 108. None of the funds in this Act may be expended by the
Secretary of the Army to construct the Port Jersey element of the New
York and New Jersey Harbor or to reimburse the local sponsor for the
construction of the Port Jersey element until commitments for
construction of container handling facilities are obtained from the
non-Federal sponsor for a second user along the Port Jersey element.
TITLE II
DEPARTMENT OF THE INTERIOR
central utah project
Central Utah Project Completion Account
For carrying out activities authorized by the Central Utah Project
Completion Act, $32,614,000, to remain available until expended, of
which $946,000 shall be deposited into the Utah Reclamation Mitigation
and Conservation Account for use by the Utah Reclamation Mitigation and
Conservation Commission.
In addition, for necessary expenses incurred in carrying out
related responsibilities of the Secretary of the Interior, $1,736,000,
to remain available until expended.
Bureau of Reclamation
Water and Related Resources
(including transfer of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, Indian tribes, and others,
$832,000,000, to remain available until expended, of which $55,544,000
shall be available for transfer to the Upper Colorado River Basin Fund
and $21,998,000 shall be available for transfer to the Lower Colorado
River Basin Development Fund; of which such amounts as may be necessary
may be advanced to the Colorado River Dam Fund; of which not more than
$500,000 is for high priority projects which shall be carried out by
the Youth Conservation Corps, as authorized by 16 U.S.C. 1706:
Provided, That such transfers may be increased or decreased within the
overall appropriation under this heading: Provided further, That of the
total appropriated, the amount for program activities that can be
financed by the Reclamation Fund or the Bureau of Reclamation special
fee account established by 16 U.S.C. 460l-6a(i) shall be derived from
that Fund or account: Provided further, That funds contributed under 43
U.S.C. 395 are available until expended for the purposes for which
contributed: Provided further, That funds advanced under 43 U.S.C. 397a
shall be credited to this account and are available until expended for
the same purposes as the sums appropriated under this heading: Provided
further, That funds available for expenditure for the Departmental
Irrigation Drainage Program may be expended by the Bureau of
Reclamation for site remediation on a non-reimbursable basis.
Central Valley Project Restoration Fund
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, $52,219,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration Fund
pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of
Public Law 102-575, to remain available until expended: Provided, That
the Bureau of Reclamation is directed to assess and collect the full
amount of the additional mitigation and restoration payments authorized
by section 3407(d) of Public Law 102-575: Provided further, That none
of the funds made available under this heading may be used for the
acquisition or leasing of water for in-stream purposes if the water is
already committed to in-stream purposes by a court adopted decree or
order.
California Bay-Delta Restoration
(including transfer of funds)
For carrying out activities authorized by the Calfed Bay Delta
Authorization Act, consistent with plans to be approved by the
Secretary of the Interior, $35,000,000, to remain available until
expended, of which such amounts as may be necessary to carry out such
activities may be transferred to appropriate accounts of other
participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further, That
the use of any funds provided to the California Bay-Delta Authority for
program-wide management and oversight activities shall be subject to
the approval of the Secretary of the Interior: Provided further, That
CALFED implementation shall be carried out in a balanced manner with
clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
Policy and Administration
For necessary expenses of policy, administration, and related
functions in the office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until expended, $57,917,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
Administrative Provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed 14 passenger motor vehicles, of which 11 are
for replacement only.
GENERAL PROVISIONS
Department of the Interior
Sec. 201. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of
California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator
of the Environmental Protection Agency, to minimize any detrimental
effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program-
Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 202. None of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the salaries and
expenses of personnel to purchase or lease water in the Middle Rio
Grande or the Carlsbad Projects in New Mexico unless said purchase or
lease is in compliance with the purchase requirements of section 202 of
Public Law 106-60.
Sec. 203. (a) Section 1(a) of the Lower Colorado Water Supply Act
(Public Law 99-655) is amended by adding at the end the following:
``The Secretary is authorized to enter into an agreement or agreements
with the city of Needles or the Imperial Irrigation District for the
design and construction of the remaining stages of the Lower Colorado
Water Supply Project on or after November 1, 2004, and the Secretary
shall ensure that any such agreement or agreements include provisions
setting forth (1) the responsibilities of the parties to the agreement
for design and construction; (2) the locations of the remaining wells,
discharge pipelines, and power transmission lines; (3) the remaining
design capacity of up to 5,000 acre-feet per year which is the
authorized capacity less the design capacity of the first stage
constructed; (4) the procedures and requirements for approval and
acceptance by the Secretary of the remaining stages, including approval
of the quality of construction, measures to protect the public health
and safety, and procedures for protection of such stages; (5) the
rights, responsibilities, and liabilities of each party to the
agreement; and (6) the term of the agreement.''.
(b) Section 2(b) of the Lower Colorado Water Supply Act (Public Law
99-655) is amended by adding at the end the following: ``Subject to the
demand of such users along or adjacent to the Colorado River for
Project water, the Secretary is further authorized to contract with
additional persons or entities who hold Boulder Canyon Project Act
section 5 contracts for municipal and industrial uses within the State
of California for the use or benefit of Project water under such terms
as the Secretary determines will benefit the interest of Project users
along the Colorado River.''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Supply and Conservation
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy supply and energy conservation activities
in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $1,762,888,000, to remain
available until expended.
Clean Coal Technology
(deferral)
Of the funds made available under this heading for obligation in
prior years, $257,000,000 shall not be available until October 1, 2006:
Provided, That funds made available in previous appropriations Acts
shall be made available for any ongoing project regardless of the
separate request for proposal under which the project was selected.
Fossil Energy Research and Development
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (Public Law 95-91), including the acquisition of
interest, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or
expansion, the hire of passenger motor vehicles, the hire, maintenance,
and operation of aircraft, the purchase, repair, and cleaning of
uniforms, the reimbursement to the General Services Administration for
security guard services, and for conducting inquiries, technological
investigations and research concerning the extraction, processing, use,
and disposal of mineral substances without objectionable social and
environmental costs (30 U.S.C. 3, 1602, and 1603), $502,467,000, to
remain available until expended, of which $18,000,000 is to continue a
multi-year project coordinated with the private sector for FutureGen,
without regard to the terms and conditions applicable to clean coal
technological projects: Provided, That the initial planning and
research stages of the FutureGen project shall include a matching
requirement from non-Federal sources of at least 20 percent of the
costs: Provided further, That any demonstration component of such
project shall require a matching requirement from non-Federal sources
of at least 50 percent of the costs of the component: Provided further,
That of the amounts provided, $50,000,000 is available, after
coordination with the private sector, for a request for proposals for a
Clean Coal Power Initiative providing for competitively-awarded
research, development, and demonstration projects to reduce the
barriers to continued and expanded coal use: Provided further, That no
project may be selected for which sufficient funding is not available
to provide for the total project: Provided further, That funds shall be
expended in accordance with the provisions governing the use of funds
contained under the heading ``Clean Coal Technology'' in 42 U.S.C.
5903d as well as those contained under the heading ``Clean Coal
Technology'' in prior appropriations: Provided further, That the
Department may include provisions for repayment of Government
contributions to individual projects in an amount up to the Government
contribution to the project on terms and conditions that are acceptable
to the Department including repayments from sale and licensing of
technologies from both domestic and foreign transactions: Provided
further, That such repayments shall be retained by the Department for
future coal-related research, development and demonstration projects:
Provided further, That any technology selected under this program shall
be considered a Clean Coal Technology, and any project selected under
this program shall be considered a Clean Coal Technology Project, for
the purposes of 42 U.S.C. 7651n, and chapters 51, 52, and 60 of title
40 of the Code of Federal Regulations: Provided further, That no part
of the sum herein made available shall be used for the field testing of
nuclear explosives in the recovery of oil and gas: Provided further,
That up to 4 percent of program direction funds available to the
National Energy Technology Laboratory may be used to support Department
of Energy activites not included in this account: Provided further,
That the Secretary of Energy is authorized to accept fees and
contributions from public and private sources, to be deposited in a
contributed funds account, and prosecute projects using such fees and
contributions in cooperation with other Federal, State, or private
agencies or concerns: Provided further, That revenues and other moneys
received by or for the account of the Department of Energy or otherwise
generated by sale of products in connection with projects of the
Department appropriated under the Fossil Energy Research and
Development account may be retained by the Secretary of Energy, to be
available until expended, and used only for plant construction,
operation, costs, and payments to cost-sharing entities as provided in
appropriate cost-sharing contracts or agreements.
Naval Petroleum and Oil Shale Reserves
For expenses necessary to carry out naval petroleum and oil shale
reserve activities, including the hire of passenger motor vehicles,
$18,500,000, to remain available until expended: Provided, That,
notwithstanding any other provision of law, unobligated funds remaining
from prior years shall be available for all naval petroleum and oil
shale reserve activities.
Elk Hills School Lands Fund
For necessary expenses in fulfilling installment payments under the
Settlement Agreement entered into by the United States and the State of
California on October 11, 1996, as authorized by section 3415 of Public
Law 104-106, $48,000,000, for payment to the State of California for
the State Teachers' Retirement Fund, of which $46,000,000 will be
derived from the Elk Hills School Lands Fund.
Strategic Petroleum Reserve
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities pursuant
to the Energy Policy and Conservation Act of 1975, as amended (42
U.S.C. 6201 et seq.), including the hire of passenger motor vehicles,
the hire, maintenance, and operation of aircraft, the purchase, repair,
and cleaning of uniforms, the reimbursement to the General Services
Administration for security guard services, $166,000,000, to remain
available until expended.
Energy Information Administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $86,426,000, to remain available until
expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of not to exceed six
passenger motor vehicles, of which five shall be for replacement only,
$319,934,000, to remain available until expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For necessary expenses in carrying out uranium enrichment facility
decontamination and decommissioning, remedial actions, and other
activities of title II of the Atomic Energy Act of 1954, as amended,
and title X, subtitle A, of the Energy Policy Act of 1992,
$591,498,000, to be derived from the Fund, to remain available until
expended, of which $20,000,000 shall be available in accordance with
title X, subtitle A, of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not to exceed forty-seven passenger motor
vehicles for replacement only, including not to exceed one ambulance
and two buses, $3,666,055,000, to remain available until expended.
Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
the Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended
(the ``Act''), including the acquisition of real property or facility
construction or expansion, $310,000,000, to remain available until
expended and to be derived from the Nuclear Waste Fund: Provided, That
of the funds made available in this Act for Nuclear Waste Disposal,
$3,500,000 shall be provided to the State of Nevada solely for
expenditures, other than salaries and expenses of State employees, to
conduct scientific oversight responsibilities and participate in
licensing activities pursuant to the Act: Provided further, That
$7,000,000 shall be provided to affected units of local governments, as
defined in the Act, to conduct appropriate activities and participate
in licensing activities: Provided further, That the distribution of the
funds as determined by the units of local government shall be approved
by the Department of Energy: Provided further, That the funds for the
State of Nevada shall be made available solely to the Nevada Division
of Emergency Management by direct payment and units of local government
by direct payment: Provided further, That within 90 days of the
completion of each Federal fiscal year, the Nevada Division of
Emergency Management and the Governor of the State of Nevada and each
local entity shall provide certification to the Department of Energy
that all funds expended from such payments have been expended for
activities authorized by the Act and this Act: Provided further, That
failure to provide such certification shall cause such entity to be
prohibited from any further funding provided for similar activities:
Provided further, That none of the funds herein appropriated may be:
(1) used directly or indirectly to influence legislative action on any
matter pending before Congress or a State legislature or for lobbying
activity as provided in 18 U.S.C. 1913; (2) used for litigation
expenses; or (3) used to support multi-State efforts or other coalition
building activities inconsistent with the restrictions contained in
this Act: Provided further, That all proceeds and recoveries realized
by the Secretary in carrying out activities authorized by the Act,
including but not limited to, any proceeds from the sale of assets,
shall be available without further appropriation and shall remain
available until expended.
Departmental Administration
(including transfer of funds)
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the hire of passenger motor vehicles and official reception
and representation expenses not to exceed $35,000, $253,909,000, to
remain available until expended, plus such additional amounts as
necessary to cover increases in the estimated amount of cost of work
for others notwithstanding the provisions of the Anti-Deficiency Act
(31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work
are offset by revenue increases of the same or greater amount, to
remain available until expended: Provided further, That moneys received
by the Department for miscellaneous revenues estimated to total
$123,000,000 in fiscal year 2006 may be retained and used for operating
expenses within this account, and may remain available until expended,
as authorized by section 201 of Public Law 95-238, notwithstanding the
provisions of 31 U.S.C. 3302: Provided further, That the sum herein
appropriated shall be reduced by the amount of miscellaneous revenues
received during fiscal year 2006, and any related unappropriated
receipt account balances remaining from prior years' miscellaneous
revenues, so as to result in a final fiscal year 2006 appropriation
from the general fund estimated at not more than $130,909,000.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $43,000,000, to remain available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
Weapons Activities
(including transfer of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion; and the purchase of
not to exceed 40 passenger motor vehicles, for replacement only,
including not to exceed two buses; $6,181,121,000, to remain available
until expended.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense, defense
nuclear nonproliferation activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $1,500,959,000, to remain available until expended.
Naval Reactors
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $799,500,000, to
remain available until expended.
Office of the Administrator
For necessary expenses of the Office of the Administrator in the
National Nuclear Security Administration, including official reception
and representation expenses not to exceed $12,000, $366,869,000, to
remain available until expended.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $6,468,336,000, to
remain available until expended.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and the purchase of not to exceed ten passenger motor
vehicles for replacement only, including not to exceed two buses;
$702,498,000, to remain available until expended.
Defense Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
Public Law 97-425, as amended, including the acquisition of real
property or facility construction or expansion, $351,447,000, to remain
available until expended.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for official
reception and representation expenses in an amount not to exceed
$1,500. During fiscal year 2006, no new direct loan obligations may be
made.
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of electric power and energy, including
transmission wheeling and ancillary services pursuant to section 5 of
the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the
southeastern power area, $5,600,000, to remain available until
expended: Provided, That, notwithstanding 31 U.S.C. 3302, up to
$32,713,000 collected by the Southeastern Power Administration pursuant
to the Flood Control Act of 1944 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures.
Operation and Maintenance, Southwestern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy, for
construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), as applied to the southwestern power
administration, $31,401,000, to remain available until expended:
Provided, That, notwithstanding 31 U.S.C. 3302, up to $1,235,000
collected by the Southwestern Power Administration pursuant to the
Flood Control Act to recover purchase power and wheeling expenses shall
be credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making purchase power
and wheeling expenditures.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, including official reception and representation
expenses in an amount not to exceed $1,500; $226,992,000, to remain
available until expended, of which $222,830,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That of the
amount herein appropriated, $6,000,000 shall be available until
expended on a nonreimbursable basis to the Western Area Power
Administration for Topock-Davis-Mead Transmission Line Upgrades:
Provided further, That notwithstanding the provision of 31 U.S.C. 3302,
up to $148,500,000 collected by the Western Area Power Administration
pursuant to the Flood Control Act of 1944 and the Reclamation Project
Act of 1939 to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain available
until expended for the sole purpose of making purchase power and
wheeling expenditures.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $2,692,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 423 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
Federal Energy Regulatory Commission
salaries and expenses
For necessary expenses of the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5
U.S.C. 3109, the hire of passenger motor vehicles, and official
reception and representation expenses not to exceed $3,000,
$220,400,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, not to exceed $220,400,000
of revenues from fees and annual charges, and other services and
collections in fiscal year 2006 shall be retained and used for
necessary expenses in this account, and shall remain available until
expended: Provided further, That the sum herein appropriated from the
general fund shall be reduced as revenues are received during fiscal
year 2006 so as to result in a final fiscal year 2006 appropriation
from the general fund estimated at not more than $0.
GENERAL PROVISIONS
DEPARTMENT OF ENERGY
Sec. 301. (a)(1) None of the funds in this or any other
appropriations Act for fiscal year 2006 or any previous fiscal year may
be used to make payments for a noncompetitive management and operating
contract unless the Secretary of Energy has published in the Federal
Register and submitted to the Committees on Appropriations of the House
of Representatives and the Senate a written notification, with respect
to each such contract, of the Secretary's decision to use competitive
procedures for the award of the contract, or to not renew the contract,
when the term of the contract expires.
(2) Paragraph (1) does not apply to an extension for up to 2 years
of a noncompetitive management and operating contract, if the extension
is for purposes of allowing time to award competitively a new contract,
to provide continuity of service between contracts, or to complete a
contract that will not be renewed.
(b) In this section:
(1) The term ``noncompetitive management and operating
contract'' means a contract that was awarded more than 50 years
ago without competition for the management and operation of
Ames Laboratory, Argonne National Laboratory, Lawrence Berkeley
National Laboratory, Lawrence Livermore National Laboratory,
and Los Alamos National Laboratory.
(2) The term ``competitive procedures'' has the meaning
provided in section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403) and includes procedures described in
section 303 of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 253) other than a procedure that
solicits a proposal from only one source.
(c) For all management and operating contracts other than those
listed in subsection (b)(1), none of the funds appropriated by this Act
may be used to award a management and operating contract, or award a
significant extension or expansion to an existing management and
operating contract, unless such contract is awarded using competitive
procedures or the Secretary of Energy grants, on a case-by-case basis,
a waiver to allow for such a deviation. The Secretary may not delegate
the authority to grant such a waiver. At least 60 days before a
contract award for which the Secretary intends to grant such a waiver,
the Secretary shall submit to the Committees on Appropriations of the
House of Representatives and the Senate a report notifying the
Committees of the waiver and setting forth, in specificity, the
substantive reasons why the Secretary believes the requirement for
competition should be waived for this particular award.
Sec. 302. None of the funds appropriated by this Act may be used
to--
(1) develop or implement a workforce restructuring plan
that covers employees of the Department of Energy; or
(2) provide enhanced severance payments or other benefits
for employees of the Department of Energy, under section 3161
of the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 42 U.S.C. 7274h).
Sec. 303. None of the funds appropriated by this Act may be used to
augment the funds made available for obligation by this Act for
severance payments and other benefits and community assistance grants
under section 3161 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 42 U.S.C. 7274h) unless the Department
of Energy submits a reprogramming request to the appropriate
congressional committees.
Sec. 304. None of the funds appropriated by this Act may be used to
prepare or initiate Requests For Proposals (RFPs) for a program if the
program has not been funded by Congress.
(transfers of unexpended balances)
Sec. 305. The unexpended balances of prior appropriations provided
for activities in this Act may be transferred to appropriation accounts
for such activities established pursuant to this title. Balances so
transferred may be merged with funds in the applicable established
accounts and thereafter may be accounted for as one fund for the same
time period as originally enacted.
Sec. 306. None of the funds in this or any other Act for the
Administrator of the Bonneville Power Administration may be used to
enter into any agreement to perform energy efficiency services outside
the legally defined Bonneville service territory, with the exception of
services provided internationally, including services provided on a
reimbursable basis, unless the Administrator certifies in advance that
such services are not available from private sector businesses.
Sec. 307. When the Department of Energy makes a user facility
available to universities or other potential users, or seeks input from
universities or other potential users regarding significant
characteristics or equipment in a user facility or a proposed user
facility, the Department shall ensure broad public notice of such
availability or such need for input to universities and other potential
users. When the Department of Energy considers the participation of a
university or other potential user as a formal partner in the
establishment or operation of a user facility, the Department shall
employ full and open competition in selecting such a partner. For
purposes of this section, the term ``user facility'' includes, but is
not limited to: (1) a user facility as described in section 2203(a)(2)
of the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a
National Nuclear Security Administration Defense Programs Technology
Deployment Center/User Facility; and (3) any other Departmental
facility designated by the Department as a user facility.
Sec. 308. The Administrator of the National Nuclear Security
Administration may authorize the manager of a covered nuclear weapons
research, development, testing or production facility to engage in
research, development, and demonstration activities with respect to the
engineering and manufacturing capabilities at such facility in order to
maintain and enhance such capabilities at such facility: Provided, That
of the amount allocated to a covered nuclear weapons facility each
fiscal year from amounts available to the Department of Energy for such
fiscal year for national security programs, not more than an amount
equal to 2 percent of such amount may be used for these activities:
Provided further, That for purposes of this section, the term ``covered
nuclear weapons facility'' means the following:
(1) the Kansas City Plant, Kansas City, Missouri;
(2) the Y-12 Plant, Oak Ridge, Tennessee;
(3) the Pantex Plant, Amarillo, Texas;
(4) the Savannah River Plant, South Carolina; and
(5) the Nevada Test Site.
Sec. 309. Funds appropriated by this or any other Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2006 until the enactment of the Intelligence
Authorization Act for fiscal year 2006.
Sec. 310. None of the funds made available in this Act may be used
to select a site for the Modern Pit Facility during fiscal year 2006.
Sec. 311. None of the funds made available in title III of this Act
shall be for the Department of Energy national laboratories and
production plants for Laboratory Directed Research and Development
(LDRD), Plant Directed Research and Development (PDRD), and Site
Directed Research and Development (SDRD) activities in excess of
$250,000,000.
Sec. 312. None of the funds made available in title III of this Act
shall be for Department of Energy Laboratory Directed Research and
Development (LDRD), Plant Directed Research and Development (PDRD), and
Site Directed Research and Development (SDRD) activities for project
costs incurred as Indirect Costs by Major Facility Operating
Contractors.
Sec. 313. None of the funds made available in title III of this Act
may be used to finance laboratory directed research and development
activities at Department of Energy laboratories on behalf of other
Federal agencies.
Sec. 314. None of the funds made available to the Department of
Energy under this Act shall be used to implement or finance authorized
price support or loan guarantee programs unless specific provision is
made for such programs in an appropriations Act.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended, for necessary
expenses for the Federal Co-Chairman and the alternate on the
Appalachian Regional Commission, for payment of the Federal share of
the administrative expenses of the Commission, including services as
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$38,500,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $22,032,000, to
remain available until expended.
Delta Regional Authority
salaries and expenses
For necessary expenses of the Delta Regional Authority and to carry
out its activities, as authorized by the Delta Regional Authority Act
of 2000, as amended, notwithstanding sections 382C(b)(2), 382F(d), and
382M(b) of said Act, $6,000,000, to remain available until expended.
Denali Commission
For expenses of the Denali Commission, $2,562,000, to remain
available until expended.
Nuclear Regulatory Commission
salaries and expenses
For necessary expenses of the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974, as amended, and the
Atomic Energy Act of 1954, as amended, including official
representation expenses (not to exceed $15,000), and purchase of
promotional items for use in the recruitment of individuals for
employment, $714,376,000, to remain available until expended: Provided,
That of the amount appropriated herein, $66,717,000 shall be derived
from the Nuclear Waste Fund: Provided further, That revenues from
licensing fees, inspection services, and other services and collections
estimated at $580,643,000 in fiscal year 2006 shall be retained and
used for necessary salaries and expenses in this account,
notwithstanding 31 U.S.C. 3302, and shall remain available until
expended: Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year 2006 so
as to result in a final fiscal year 2006 appropriation estimated at not
more than $133,732,600: Provided further, That section 6101 of the
Omnibus Budget Reconciliation Act of 1990 is amended by inserting
before the period in subsection (c)(2)(B)(v) the words ``and fiscal
year 2006''.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $8,316,000, to remain available until expended: Provided, That
revenues from licensing fees, inspection services, and other services
and collections estimated at $7,485,000 in fiscal year 2006 shall be
retained and be available until expended, for necessary salaries and
expenses in this account, notwithstanding 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced by the
amount of revenues received during fiscal year 2006 so as to result in
a final fiscal year 2006 appropriation estimated at not more than
$831,000.
Nuclear Waste Technical Review Board
salaries and expenses
For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $3,608,000, to be
derived from the Nuclear Waste Fund, and to remain available until
expended.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may be used in
any way, directly or indirectly, to influence congressional action on
any legislation or appropriation matters pending before Congress, other
than to communicate to Members of Congress as described in 18 U.S.C.
1913.
Sec. 502. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in this Act or any other appropriation Act.
Union Calendar No. 44
109th CONGRESS
1st Session
H. R. 2419
[Report No. 109-86]
_______________________________________________________________________
A BILL
Making appropriations for energy and water development for the fiscal
year ending September 30, 2006, and for other purposes.
_______________________________________________________________________
May 18, 2005
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed