[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2641 Reported in House (RH)]

                                                 Union Calendar No. 109
110th CONGRESS
  1st Session
                                H. R. 2641

                          [Report No. 110-185]

  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2008, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 11, 2007

   Mr. Visclosky, 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 and related 
 agencies for the fiscal year ending September 30, 2008, 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 energy and water development and related agencies for 
the fiscal year ending September 30, 2008, 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.

                             investigations

                    (including rescission of funds)

    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 proposed projects, $120,100,000, to remain available 
until expended: Provided, That of the funds provided under this heading 
of Public Law 106-554, $100,000 are rescinded.

                              construction

                    (including rescissions of funds)

    For expenses necessary for the construction of river and harbor, 
flood and storm damage reduction, aquatic ecosystem restoration, and 
related projects authorized by law, including a portion of the expenses 
for the modifications authorized by section 104 of the Everglades 
National Park Protection and Expansion Act of 1989; for conducting 
detailed studies, and plans and specifications, of such projects 
authorized or made eligible for selection by law (but such detailed 
studies, and plans and specifications, shall not constitute a Federal 
commitment to construction); $2,008,874,000, to remain available until 
expended, of which such sums as are necessary to cover one-half of the 
costs of construction, replacement, and expansion of inland waterways 
projects shall be derived from the Inland Waterways Trust Fund; and of 
which $8,000,000 shall be exclusively for projects and activities 
authorized under section 107 of the River and Harbor Act of 1960; and 
of which $45,000,000 shall be exclusively available for projects and 
activities authorized under section 205 of the Flood Control Act of 
1948; and of which $10,000,000 shall be exclusively for projects and 
activities authorized under section 14 of the Flood Control Act of 
1946; and of which $25,000,000 shall be exclusively for projects and 
activities authorized under section 1135 of the Water Resources 
Development Act of 1986; and of which $25,000,000 shall be exclusively 
for projects and activities authorized under section 206 of the Water 
Resources Development Act of 1996: Provided, That of the funds provided 
under this heading the following amounts are rescinded: from Public Law 
101-101, $435,000; from Public Law 102-377, $1,740,000; from Public Law 
103-126, $797,000; from Public Law 105-245, $1,716,000.

                   mississippi river and tributaries

    For expenses necessary for flood damage reduction projects and 
related efforts in the Mississippi River alluvial valley below Cape 
Girardeau, Missouri, as authorized by law, $278,000,000, 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.

                       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, 
including the construction of facilities, projects, or features 
(including islands and wetlands) to use materials dredged during 
Federal navigation maintenance activities; the mitigation of impacts on 
shorelines resulting from Federal navigation operation and maintenance 
activities; to address the effects of civil works projects owned or 
operated by the Corps on federally listed species; to provide security 
for infrastructure operated by the Corps, or operated on its behalf, 
including administrative buildings and facilities, and laboratories; to 
maintain harbor channels provided by a State, municipality, or other 
public agency that serve essential navigation needs of general commerce 
where authorized by law; and to conduct surveys and chart northern and 
northwestern lakes and connecting waters, clear channels, and remove 
obstructions to commercial navigation, $2,655,241,000, to remain 
available until expended, of which $53,585,000 shall be for projects 
and activities in Region 1 New England; of which $179,814,000 shall be 
for projects and activities in Region 2 Mid Atlantic; of which 
$367,101,000 shall be for projects and activities in Region 3 South 
Atlantic Gulf; of which $126,907,000 shall be for projects and 
activities in Region 4 Great Lakes; of which $342,354,000 shall be for 
projects and activities in Region 5 Ohio; of which $25,721,000 shall be 
for projects and activities in Region 6 Tennessee; of which 
$251,630,000 shall be for projects and activities in Region 7 Upper 
Mississippi; of which $166,946,000 shall be for projects and activities 
in Region 8 Lower Mississippi; of which $3,159,000 shall be for 
projects and activities in Region 9 Souris-Red-Rainy; of which 
$162,352,000 shall be for projects and activities in Region 10 
Missouri; of which $213,500,000 shall be for projects and activities in 
Region 11 Arkansas-White-Red; of which $185,668,000 shall be for 
projects and activities in Region 12 Texas-Gulf; of which $30,812,000 
shall be for projects and activities in Region 13 Rio Grande; of which 
$57,000 shall be for projects and activities in Region 14 Upper 
Colorado; of which $3,967,000 shall be for projects and activities in 
Region 15 Lower Colorado; of which $819,000 shall be for projects and 
activities in Region 16 Great Basin; of which $286,031,000 shall be for 
projects and activities in Region 17 Pacific Northwest; of which 
$125,998,000 shall be for projects and activities in Region 18 
California; of which $26,811,000 shall be for projects and activities 
in Region 19 Alaska; of which $872,000 shall be for projects and 
activities in Region 20 Hawaii; of which such sums as are necessary to 
cover the Federal share of eligible operations and maintenance shall be 
derived from the Harbor Maintenance Trust Fund; of which such sums as 
become available in the special account for the Corps established by 
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
6a(i)), shall be used for resource protection, research, 
interpretation, and maintenance activities under this heading related 
to resource projection in areas operated by the Corps at which outdoor 
recreation is available; and of which such sums as become available 
pursuant to section 217 of the Water Resources Development Act of 1996, 
shall be used to cover the cost of operation and maintenance of the 
dredged material disposal facilities for which such fees have been 
collected.

                           regulatory program

    For expenses necessary for the administration of laws pertaining to 
the regulation of navigable waters and wetlands, $180,000,000, to 
remain available until expended.

            formerly utilized sites remedial action program

    For expenses necessary to clean up contamination from sites 
resulting from work performed as part of the Nation's early atomic 
energy program, $130,000,000, to remain available until expended.

                 flood control and coastal emergencies

    For expenses necessary to prepare for flood, hurricane, and other 
natural disasters and support emergency operations, repairs, and other 
activities in response to such natural disasters, as authorized by law, 
$40,000,000, to remain available until expended.

                                expenses

    For expenses necessary for general administration and related 
functions of the civil works program in the headquarters of the Corps, 
the offices of the Division Engineers, the Humphreys Engineer Center 
Support Activity, the Institute for Water Resources, the Engineering 
Research and Development Center, and the Finance Center, $171,000,000, 
to remain available until expended: Provided, That no part of any other 
appropriation provided in this title 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 
offices of the Division Engineers.

        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), $6,000,000.

                        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) Except as provided under subsection (b), none of the 
funds provided under this title 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 for any program, project, or activity 
        for which funds have been 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; or
            (5) increases or reduces funds for any program, project, or 
        activity by more than $2,000,000 or 25 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 Development Act of 1996; 
sections 204 and 207 of the Water Resources Development Act of 1992; or 
section 933 of the Water Resources Development Act of 1986.
    Sec. 102. None of the funds made available in this title may be 
used to award any continuing contract or make modifications to any 
existing continuing contract that commits an amount for a project in 
excess of the amounts appropriated for that project that remain 
unobligated, except that such amounts may include any funds that have 
been made available through reprogramming to that project pursuant to 
section 101 of this Act.
    Sec. 103. (a) None of the funds provided in this Act shall be 
available for operation and maritime maintenance of the hopper dredge 
McFarland.
    (b) Subsection (a) shall not apply to funds required for the 
decommissioning of the vessel.
    Sec. 104. The Secretary of the Army, acting through the Chief of 
Engineers, is directed to reduce by 35 percent the full-time employees 
at the Sacramento District Regulatory Division office of the Corps of 
Engineers.
    Sec. 105. None of the funds appropriated in this Act or any other 
Act may be used to conduct a public-private competition or direct 
conversion under the OMB Circular A-76 or any other administrative 
regulation, directive, or policy for any Corps of Engineers program, 
project or activity.

                  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 (titles II through VI of Public Law 102-575), 
$41,380,000, to remain available until expended, of which $976,000 
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, $1,620,000, 
to remain available until expended.

                         Bureau of Reclamation

    The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation:

                      water and related resources

                     (including transfers 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, federally recognized Indian tribes, 
and others, $871,197,000, to remain available until expended, of which 
$57,615,000 shall be available for transfer to the Upper Colorado River 
Basin Fund and $26,825,000 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 section 106 of 
Public Law 91-378 (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 section 
4(i) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
460l-6a(i)) shall be derived from that Fund or account: Provided 
further, That funds contributed under the Act of March 4, 1921 (43 
U.S.C. 395) are available until expended for the purposes for which 
contributed: Provided further, That funds advanced under the Act of 
January 12, 1927 (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.

                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 (title XXXIV of Public Law 102-575), 
$59,122,000, to be derived from such sums as may be collected in the 
Central Valley Project Restoration Fund pursuant to sections 
3404(c)(3), 3405(f), and 3407(d) of the Central Valley Project 
Improvement Act (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 the Central 
Valley Project Improvement Act: 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 Water Supply, 
Reliability, and Environmental Improvement Act (Public Law 108-361), 
consistent with plans to be approved by the Secretary of the Interior, 
$40,750,000, 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: Provided further, That $5,000,000 shall be transferred 
to the Army Corps of Engineers to carry out further study and 
implementation of projects that contribute to the stability of the 
levee projects authorized under section 103(f)(3) of the Water Supply, 
Reliability, Environmental Improvement Act (Public Law 108-361).

                       policy and administration

                     (including transfer of funds)

    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, $58,811,000, 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: Provided further, That, of the funds provided 
under this heading, $10,000,000 shall be transferred to ``Water and 
Related Resources'' upon the expiration of the 60-day period following 
the date of enactment of this Act if, during such period, the Secretary 
of the Interior has not submitted to the Committees on Appropriations 
of the House of Representatives and the Senate the Bureau of 
Reclamation's five-year budget plan.

                       administrative provisions

    Appropriations for the Bureau of Reclamation shall be available for 
purchase of not to exceed 14 passenger motor vehicles, which 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.

                    TITLE III--DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                 energy efficiency and renewable energy

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for energy efficiency and renewable energy 
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, $1,873,844,000, to 
remain available until expended.

              electricity delivery and energy reliability

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for electricity delivery and energy reliability 
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, $134,161,000, to 
remain available until expended.

                             nuclear energy

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for nuclear energy 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 20 
passenger motor vehicles for replacement only, including one ambulance, 
$759,227,000, to remain available until expended.

                         clean coal technology

                    (including rescission of funds)

    Of the funds made available under this heading for obligation in 
prior years, $149,000,000 are rescinded.

                 fossil energy research and development

                     (including transfer of funds)

    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, and for 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), $708,801,000 to remain available until expended of which 
$166,000,000 shall be derived by transfer from ``Clean Coal 
Technology'', and of which transferred amounts $108,000,000 is 
available 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, and of which the 
remaining $58,000,000 is available for carbon sequestration research 
and development: Provided further, That no part of the sums herein made 
available shall be used for the field testing of nuclear explosives in 
the recovery of oil and gas: 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 
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, 
$17,301,000, 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.

                      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 (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, $163,472,000, to remain available until 
expended.

                   northeast home heating oil reserve

    For necessary expenses for Northeast Home Heating Oil Reserve 
storage, operation, and management activities pursuant to the Energy 
Policy and Conservation Act, $5,325,000, to remain available until 
expended.

                   energy information administration

    For necessary expenses in carrying out the activities of the Energy 
Information Administration, $105,095,000, 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 three 
passenger motor vehicles for replacement only, $286,041,000, to remain 
available until expended, of which $250,937,000 is for non-defense 
environmental cleanup and $35,104,000 is for non-defense legacy 
management.

      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 and title X, 
subtitle A, of the Energy Policy Act of 1992, $618,759,000, 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 30 passenger motor vehicles 
for replacement only, $4,514,082,000, 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, $202,454,000, 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, 
$2,500,000 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 
notwithstanding the lack of a written agreement with the State of 
Nevada under section 117(c) of the Nuclear Waste Policy Act of 1982, 
Public Law 97-425, as amended, not less than $1,200,000 shall be 
provided to Nye County, Nevada, for on-site oversight activities under 
section 117(d) of that Act: Provided further, That $4,000,000 shall be 
provided to affected units of local government, as defined in the Act, 
to conduct appropriate activities and participate in licensing 
activities: Provided further, That 7.5 percent of the funds provided 
shall be made available to affected units of local government in 
California with the balance made available to affected units of local 
government in Nevada for distribution as determined by the Nevada units 
of local government: Provided further, That notwithstanding the 
provisions of chapters 65 and 75 of title 31, United States Code, the 
Department of Energy shall have no monitoring, auditing or other 
oversight rights or responsibilities over amounts provided to affected 
units of local government under this heading: 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 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, except for 
normal and recognized executive-legislative communications, 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 of Energy 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: Provided further, That no funds 
provided in this Act may be used to pursue repayment or collection of 
funds provided in any fiscal year to affected units of local government 
for oversight activities that had been previously approved by the 
Department of Energy, or to withhold payment of any such funds.

                     environment, safety and health

    For Department of Energy expenses for Environment, Safety, and 
Health activities, $31,625,000, to remain available until expended.

       title 17 innovative technology loan guarantee loan program

    Subject to the Federal Credit Reform Act of 1990, as amended, 
during fiscal year 2008 commitments to guarantee loans under title XVII 
of the Energy Policy Act of 2005 shall not exceed a total principal 
amount, any part of which is to be guaranteed, of $7,000,000,000: 
Provided, That of that amount, $2,000,000,000 shall be available for 
carbon sequestration optimized coal power plants, $4,000,000,000 shall 
be available for projects that promote biofuels and clean 
transportation fuels, and $1,000,000,000 shall be available for 
electric transmission facilities or renewable power generation systems: 
Provided further, That pursuant to section 1702(b)(2) of the Act, no 
appropriations are available to pay the subsidy cost of such 
guarantees: Provided further, That the source of payments received from 
borrowers for the subsidy cost shall not be a loan or other debt 
obligation that is made or guaranteed by the Federal Government.

                      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 $5,000, $304,782,000, to 
remain available until expended, of which $2,390,000 shall be available 
for necessary administrative expenses to carry out the loan guarantee 
program under title XVII of Public Law 109-58, 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 $161,818,000 in fiscal year 2008 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 fees collected pursuant to section 1702(h) of Public Law 109-58 
shall be credited as offsetting collections to this account: Provided 
further, That the sum herein appropriated shall be reduced by the 
amount of miscellaneous revenues received during 2008, and any related 
appropriated receipt account balances remaining from prior years' 
miscellaneous revenues, so as to result in a final fiscal year 2008 
appropriation from the general fund estimated at not more than 
$142,964,000.

                      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, 
$47,732,000, to remain available until expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           weapons activities

    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, $5,879,137,000 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, $1,683,646,000, 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, $808,219,000, 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, $415,879,000, to 
remain available until expended.

                     defense environmental cleanup

                     (including transfer of funds)

    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, and the purchase of 
not to exceed three passenger motor vehicles for replacement only, 
$5,766,561,000, to remain available until expended, of which 
$463,000,000 shall be transferred to the ``Uranium Enrichment 
Decontamination and Decommissioning Fund''.

                        other defense activities

                     (including transfer of funds)

    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 twelve passenger motor 
vehicles for replacement only, $604,313,000, to remain available until 
expended: Provided, That of the funds provided under this heading in 
Public Law 109-103, $4,900,000 are transferred to ``Weapons 
Activities'' for planning activities associated with special nuclear 
material consolidation.

                     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, $292,046,000, 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 2008, 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, $6,463,000, to remain available until 
expended: Provided, That notwithstanding 31 U.S.C. 3302, up to 
$48,413,000 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 area, 
$30,442,000, to remain available until expended: Provided, That, 
notwithstanding 31 U.S.C. 3302, up to $35,000,000 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 the operation, maintenance, and 
purchase through transfer, exchange, or sale of one helicopter for 
replacement only, and official reception and representation expenses in 
an amount not to exceed $1,500; $201,030,000, to remain available until 
expended, of which $191,094,000 shall be derived from the Department of 
the Interior Reclamation Fund: Provided, That of the amount herein 
appropriated, $7,167,000 is for deposit into the Utah Reclamation 
Mitigation and Conservation Account pursuant to title IV of the 
Reclamation Projects Authorization and Adjustment Act of 1992: Provided 
further, That notwithstanding the provision of 31 U.S.C. 3302, up to 
$258,702,000 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, $2,500,000, 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, 
$255,425,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, not to exceed $255,425,000 
of revenues from fees and annual charges, and other services and 
collections in fiscal year 2008 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 2008 so as to result in a final fiscal year 2008 appropriation 
from the general fund estimated at not more than $0.

                General Provisions--Department of Energy

    Sec. 301. Contract Competition.--(a) None of the funds in this or 
any other appropriations Act for fiscal year 2008 or any previous 
fiscal year may be used to make payments for a noncompetitive 
management and operating contract, or a contract for environmental 
remediation or waste management in excess of $100,000,000 in annual 
funding at a current or former management and operating contract site 
or facility, or award a significant extension or expansion to an 
existing management and operating contract, or other contract covered 
by this section, 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.
    (b) Within 30 days of formally notifying an incumbent contractor 
that the Secretary intends to grant such a waiver, the Secretary shall 
submit to the Subcommittees on Energy and Water Development of the 
Committees on Appropriations of the House of Representatives and the 
Senate a report notifying the Subcommittees 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. Unfunded Requests for Proposals.--None of the funds 
appropriated by this Act may be used to prepare or initiate requests 
for proposals for a program if the program has not been funded by 
Congress.
    Sec. 303. Unexpended Balances.--The unexpended balances of prior 
appropriations provided for activities in this Act may be available to 
the same appropriation accounts for such activities established 
pursuant to this title. Available balances 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. 304. Bonneville Power Administration Service Territory.--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. 305. User Facilities.--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. 306. Intelligence Activities.--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 2008 until the enactment of 
the Intelligence Authorization Act for fiscal year 2008.
    Sec. 307. Laboratory Directed Research and Development.--Of the 
funds made available by the Department of Energy for activities at 
government-owned, contractor-operator operated laboratories funded in 
this Act, the Secretary may authorize a specific amount, not to exceed 
8 percent of such funds, to be used by such laboratories for 
laboratory-directed research and development: Provided, That the 
Secretary may also authorize a specific amount not to exceed 3 percent 
of such funds, to be used by the plant manager of a covered nuclear 
weapons production plant or the manager of the Nevada Site office for 
plant or site-directed research and development funding.
    Sec. 308. Contractor Pension Benefits.--None of the funds made 
available in title III of this Act shall be used for implementation of 
the Department of Energy Order N 351.1 modifying contractor employee 
pension and medical benefits policy.
    Sec. 309. International Nuclear Fuel Bank.--Of the funds made 
available in the first paragraph under the heading ``Atomic Energy 
Defense Activities--Other Defense Activities'' in chapter 2 of title I 
of division B of Public Law 105-277, $100,000,000 shall be available 
until expended, subject to authorization, for the contribution of the 
United States to create a low-enriched uranium stockpile for an 
International Nuclear Fuel Bank supply of nuclear fuel for peaceful 
means under the International Atomic Energy Agency.

                     TITLE IV--INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized by the 
Appalachian Regional Development Act of 1965, notwithstanding section 
14704 of title 40, United States Code, and, 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 section 
3109 of title 5, United States Code, and hire passenger motor vehicles, 
$35,000,000, to remain available until expended.

                Defense Nuclear Facilities Safety Board

    For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, $22,499,000, to remain available until expended.

                        Delta Regional Authority

    For necessary expenses of the Delta Regional Authority and to carry 
out its activities, as authorized by the Delta Regional Authority Act 
of 2000, 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 including the purchase, 
construction and acquisition of plant and capital equipment as 
necessary and other expenses, $1,800,000, to remain available until 
expended, notwithstanding the limitations contained in section 306(g) 
of the Denali Commission Act of 1998.

                     Nuclear Regulatory Commission

    For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy 
Act of 1954, including official representation expenses (not to exceed 
$21,000), $925,559,000, to remain available until expended: Provided, 
That of the amount appropriated herein, $37,250,000 shall be derived 
from the Nuclear Waste Fund: Provided further, That revenues from 
licensing fees, inspection services, and other services and collections 
estimated at $757,720,000 in fiscal year 2008 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 2008 so 
as to result in a final fiscal year 2008 appropriation estimated at not 
more than $167,839,000.

                      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, 
$8,144,000, to remain available until expended: Provided, That revenues 
from licensing fees, inspection services, and other services and 
collections estimated at $7,330,000 in fiscal year 2008 shall be 
retained and be available 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 2008 so as to result in a final fiscal year 2008 
appropriation estimated at not more than $814,000.

                  Nuclear Waste Technical Review Board

    For necessary expenses of the Nuclear Waste Technical Review Board, 
as authorized by Public Law 100-203, section 5051, $3,621,000, to be 
derived from the Nuclear Waste Fund, and to remain available until 
expended.

Office of the Federal Coordinator for Alaska Natural Gas Transportation 
                                Projects

    For necessary expenses for the Office of the Federal Coordinator 
for Alaska Natural Gas Transportation Projects pursuant to the Alaska 
Natural Gas Pipeline Act of 2004, $2,322,000.

                                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 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.
    This Act may be cited as the ``Energy and Water Development and 
Related Agencies Appropriations Act, 2008''.
                                                 Union Calendar No. 109

110th CONGRESS

  1st Session

                               H. R. 2641

                          [Report No. 110-185]

_______________________________________________________________________

                                 A BILL

  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2008, and for other 
                               purposes.

_______________________________________________________________________

                              June 11, 2007

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed