[Congressional Record Volume 151, Number 90 (Thursday, June 30, 2005)]
[Senate]
[Pages S7766-S7786]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2006
Mr. FRIST. Mr. President, at this juncture, I ask unanimous consent
that the Senate proceed to the immediate consideration of calendar No.
130, H.R. 2419, the Energy and Water appropriations bill. I further ask
that the committee substitute amendment be agreed to and considered as
original text for the purpose of further amendment, with no points of
order waived by this agreement.
The PRESIDING OFFICER. Is there objection? Without objection, it is
so ordered.
The clerk will state the bill by title.
The legislative clerk read as follows:
A bill (S. 2419) making appropriations for energy and water
development for the fiscal year ending September 30, 2006,
and for other purposes.
The Senate proceeded to consider the bill which had been reported
from the Committee on Appropriations, with an amendment.
(Strike the part shown in black brackets and insert the part shown in
italic.)
H.R. 2419
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 as authorized in law for the
projects and activities 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 as authorized in law for the projects and
activities 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, the amounts made
available under this paragraph shall be expended as
authorized in law for the projects and activities 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
[[Page S7767]]
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 as authorized in law for the projects and
activities 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. 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. 105. 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. 106. 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. 107. 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
[[Page S7768]]
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
(increased by $1,000,000), 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 activities 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
[[Page S7769]]
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 (reduced by $1,000,000),
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,
[[Page S7770]]
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
[[Page S7771]]
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.
[Sec. 503. None of the funds made available by this Act
shall be used by the Nuclear Regulatory Commission to
contract with or reimburse any Nuclear Regulatory Commission
licensee or the Nuclear Energy Institute with respect to
matters relating to the security of production facilities or
utilization facilities (within the meaning of the Atomic
Energy Act of 1954).
[Sec. 504. None of the funds made available by this Act may
be used before March 1, 2006, to enter into an agreement
obligating the United States to contribute funds to ITER, the
international burning plasma fusion research project in which
the President announced United States participation on
January 30, 2003.
[This Act may be cited as the ``Energy and Water
Development Appropriations Act, 2006''.]
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--DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the
direction of the Chief of Engineers and the supervision of
the Director of Civil Works for authorized civil functions of
the Department of the Army pertaining to rivers and harbors,
flood control, shore protection 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
control, shore protection 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,
$180,000,000, to remain available until expended.
Construction, General
For expenses necessary for the construction of river and
harbor, flood control, shore protection 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 for development with participation or under
consideration for 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); $2,086,664,000, 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 such
sums as are necessary 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, (including the rehabilitation
costs for Lock and Dam 11, Mississippi River, Iowa; Lock and
Dam 19, Mississippi River, Iowa; Lock and Dam 24, Mississippi
River, Illinois and Missouri; Lock 27, Mississippi River,
Illinois; and Lock and Dam 3, Mississippi River, Minnesota)
shall be derived from the Inland Waterways Trust Fund:
Provided, That using $15,000,000 of the funds appropriated
herein, the Chief of Engineers is directed to continue
construction of the Dallas
[[Page S7772]]
Floodway Extension, Texas, project, including the Cadillac
Heights feature, generally in accordance with the Chief of
Engineers report dated December 7, 1999: Provided further,
That the Chief of Engineers is directed to use $2,000,000 of
the funds provided herein to continue construction of the
Hawaii Water Management Project: Provided further, That the
Chief of Engineers is directed to use $13,000,000 of the
funds appropriated herein to continue construction of the
navigation project at Kaumalapau Harbor, Hawaii: Provided
further, That the Chief of Engineers is directed to use
$4,000,000 of the funds provided herein for the Dam Safety
and Seepage/Stability Correction Program to complete
construction of seepage control features and repairs to the
tainter gates at Waterbury Dam, Vermont: Provided further,
That the Chief of Engineers is directed to use $9,500,000 of
the funds appropriated herein to proceed with planning,
engineering, design or construction of the Grundy, Buchanan
County, and Dickenson County, Virginia, elements of the
Levisa and Tug Forks of the Big Sandy River and Upper
Cumberland River Project: Provided further, That the Chief of
Engineers is directed to use $4,600,000 of the funds
appropriated herein to continue with the planning,
engineering, design or construction of the Lower Mingo
County, Upper Mingo County, Wayne County, McDowell County,
West Virginia, elements of the Levisa and Tug Forks of the
Big Sandy River and Upper Cumberland River Project: Provided
further, That the Chief of Engineers is directed to continue
the Dickenson County Detailed Project Report as generally
defined in Plan 4 of the Huntington District Engineer's Draft
Supplement to the section 202 General Plan for Flood Damage
Reduction dated April 1997, including all Russell Fork
tributary streams within the County and special
considerations as may be appropriate to address the unique
relocations and resettlement needs for the flood prone
communities within the County: Provided further, That the
Chief of Engineers is directed to proceed with work on the
permanent bridge to replace Folsom Bridge Dam Road, Folsom,
California, as authorized by the Energy and Water Development
Appropriations Act, 2004 (Public Law 108-137), and, of the
$12,000,000 available for the American River Watershed
(Folsom Dam Mini-Raise), California, project, up to
$7,000,000 of those funds be directed for the permanent
bridge, with all remaining devoted to the Mini-Raise:
Provided further, That $300,000 is provided for the Chief of
Engineers to conduct a General Reevaluation Study on the
Mount St. Helens project to determine if ecosystem
restoration actions are prudent in the Cowlitz and Toutle
watersheds for species that have been listed as being of
economic importance and threatened or endangered.
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, $433,336,000, 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 the Chief
of Engineers, using $25,000,000 of the funds provided herein,
is directed to continue design and real estate activities and
to initiate the pump supply contract for the Yazoo Basin,
Yazoo Backwater Pumping Plant, Mississippi: Provided further,
That the pump supply contract shall be performed by awarding
continuing contracts in accordance with 33 U.S.C. 621:
Provided further, That the Secretary of the Army, acting
through the Chief of Engineers is directed, with $10,000,000
appropriated herein, to continue construction of water
withdrawal features of the Grand Prairie, Arkansas, project,
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, General
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 providing security for
infrastructure owned and operated by, or on behalf of, the
United States Army Corps of Engineers, 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, $2,100,000,000, to remain
available until expended, of which such sums as are necessary
to cover the Federal share of operation and maintenance costs
for coastal harbors and channels, 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 United States Army
Corps of Engineers 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 utilizing funds appropriated
herein, for the Intracoastal Waterway, Delaware River to
Chesapeake Bay, Delaware and Maryland, the Chief of
Engineers, is directed to reimburse the State of Delaware for
normal operation and maintenance costs incurred by the State
of Delaware for the SR1 Bridge from station 58+00 to station
293+00 between October 1, 2005, and September 30, 2006:
Provided further, That the Chief of Engineers is authorized
to undertake, at full Federal expense, a detailed evaluation
of the Albuquerque levees for purposes of determining
structural integrity, impacts of vegetative growth, and
performance under current hydrological conditions: Provided
further, That using $275,000 provided herein, the Chief of
Engineers is authorized to remove the sunken vessel State of
Pennsylvania from the Christina River in Delaware.
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 flood and
hurricane emergencies, as authorized by law, $43,000,000, to
remain available until expended.
Regulatory Program
For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$150,000,000, 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,
$165,000,000, to remain available until expended: Provided,
That no part of any other appropriation provided in title I
of 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.
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. Beginning in fiscal year 2005 and thereafter,
agreements proposed for execution by the Assistant Secretary
of the Army for Civil Works or the United States Army Corps
of Engineers after the date of the enactment of this Act
pursuant to section 4 of the Rivers and Harbor Act of 1915,
Public Law 64-291; section 11 of the River and Harbor Act of
1925, Public Law 68-585; the Civil Functions Appropriations
Act, 1936, Public Law 75-208; section 215 of the Flood
Control, Act of 1968, as amended, Public Law 90-483; sections
104, 203, and 204 of the Water Resources Development Act of
1986, as amended, Public Law 99-662; section 206 of the Water
Resources Development Act of 1992, as amended, Public Law
102-580; section 211 of the Water Resources Development Act
of 1996, Public Law 104-303; and any other specific project
authority, shall be limited to total credits and
reimbursements for all applicable projects not to exceed
$100,000,000 in each fiscal year.
Sec. 102. None of the funds appropriated in this or any
other Act shall be used to demonstrate or implement any plans
divesting or transferring any Civil Works missions,
functions, or responsibilities of the United States Army
Corps of Engineers to other government agencies without
specific direction in a subsequent Act of Congress.
Sec. 103. St. Georges Bridge, Delaware. None of the funds
made available in this Act may be used to carry out any
activity relating to closure or removal of the St. Georges
Bridge across the Intracoastal Waterway, Delaware River to
Chesapeake Bay, Delaware and Maryland, including a hearing or
any other activity relating to preparation of an
environmental impact statement concerning the closure or
removal.
Sec. 104. Within 75 days of the date of the Chief of
Engineers Report on a water resource matter, the Assistant
Secretary of the Army (Civil Works) shall submit the report
to the appropriate authorizing and appropriating committees
of the Congress.
Sec. 105. Within 90 days of the date of enactment of this
Act, the Assistant Secretary of the Army (Civil Works) shall
transmit to Congress his report on any water resources matter
on which the Chief of Engineers has reported.
Sec. 106. Section 123 of Public Law 108-137 (117 Stat.
1837) is amended by striking ``in accordance with the
Baltimore Metropolitan Water Resources-Gwynns Falls Watershed
Feasibility Report'' and all that follows and inserting the
following language in lieu thereof: ``in accordance with the
`Baltimore Metropolitan Water Resources-Gwynns Falls
Watershed Study' report prepared by the Corps of Engineers
and the City of Baltimore, Maryland, dated September 2002.''.
Sec. 107. Marmet Lock, Kanawha River, West Virginia.
Section 101(a)(31) of the Water Resources Development Act of
1996 (110 Stat.
[[Page S7773]]
3666), is amended by striking ``$229,581,000'' and inserting
``$358,000,000''.
Sec. 108. Lower Mud River, Milton, West Virginia. The
project for flood control at Milton, West Virginia,
authorized by section 580 of the Water Resources Development
Act of 1996 (110 Stat. 3790), as modified by section 340 of
the Water Resources Development Act of 2000 (114 Stat. 2612),
is modified to authorize the Chief of Engineers to construct
the project substantially in accordance with the draft report
of the Corps of Engineers dated May 2004, at an estimated
total cost of $45,500,000, with an estimated Federal cost of
$34,125,000 and an estimated non-Federal cost of $11,375,000.
Sec. 109. Water Reallocation, Lake Cumberland, Kentucky.
(a) In General.--Subject to subsection (b), none of the funds
made available by this Act may be used to carry out any water
reallocation project or component under the Wolf Creek
Project, Lake Cumberland, Kentucky, authorized under the Act
of June 28, 1938 (52 Stat. 1215, chapter 795) and the Act of
July 24, 1946 (60 Stat. 636, chapter 595).
(b) Existing Reallocations.--Subsection (a) shall not apply
to any water reallocation for Lake Cumberland, Kentucky, that
is carried out subject to an agreement or payment schedule in
effect on the date of enactment of this Act.
Sec. 110. Section 529(b)(3) of Public Law 106-541 is
amended by striking ``$10,000,000'' and inserting
``$20,000,000'' in lieu thereof.
Sec. 111. Yazoo Basin, Upper Yazoo Projects, Mississippi.
The Yazoo Basin Headwater Improvement, Mississippi, project
authorized by the Flood Control Act of 1928 (45 Stat. 534),
as amended and modified, is further modified to include the
design and construction at full Federal expense of such
measures as determined by the Chief of Engineers to be
advisable for the control of bank erosion along the Yazoo
River and including, but not limited to, the following
tributaries and watersheds of the Yazoo River: Tallahatchie
River, Coldwater River (below Arkabutla Dam), Bear Creek
Diversion, Yalobusha River (below Grenada Dam), Little
Tallahatchie River (below Sardis Dam), Yocona River (below
Enid Dam), Tchula Lake, Cassidy Bayou, Bobo Bayou Area,
Arkabutla Canal, Ascalmore-Tippo Creek, David-Burrell Bayou,
McKinney Bayou, Lake Cormorant Area, Hurricane Bayou, Opossum
Bayou, Chicopa Creek, Hillside Floodway, Bear Creek,
Alligator-Catfish Bayou, Rocky Bayou, Whiteoak Bayou,
Potacocowa Creek, Tillatoba Creek, Teoc Creek, Big Sand
Creek, Chicopa Creek, and miscellaneous ditches.
Sec. 112. Lower Mississippi River Museum and Riverfront
Interpretive Site, Mississippi. The Water Resources
Development Act of 1992 (106 Stat. 4811) is amended by--
(1) in section 103(c)(2) by striking ``property currently
held by the Resolution Trust Corporation in the vicinity of
the Mississippi River Bridge'' and inserting ``riverfront
property''; and
(2) in section 103(c)(7)--
(A) by striking ``There is'' and inserting the following:
``(A) In general.--There is''; and
(B) by striking ``$2,000,000'' and all that follows and
inserting the following: ``$15,000,000 to plan, design, and
construct generally in accordance with the conceptual plan to
be prepared by the Corps of Engineers.
``(B) Funding.--The planning, design, and construction of
the Lower Mississippi River Museum and Riverfront
Interpretive Site shall be carried out using funds
appropriated as part of the Mississippi River Levees feature
of the Mississippi River and Tributaries Project, authorized
by the Act of May 15, 1928 (45 Stat. 534, chapter 569).''.
Sec. 113. Public Law 106-53. Section 593(h) (113 Stat. 381)
is modified by striking ``$25,000,000'' and inserting
``$50,000,000''.
Sec. 114. The project for navigation, Los Angeles Harbor,
California, authorized by section 101(b)(5) of the Water
Resources Development Act of 2000 (114 Stat. 2577) is
modified to authorize the Chief of Engineers to carry out the
project at a total cost of $222,000,000.
Sec. 115. Missouri and Middle Mississippi Rivers
Enhancement Project. (a) Section 514 of the Water Resources
Development Act of 1999 is amended by inserting after
subsection (e):
``(f) Nonprofit Entities.--Notwithstanding section 221(b)
of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for
any project undertaken under this section, a non-Federal
interest may include a Regional or National nonprofit entity
with the consent of the affected local government.
``(g) Cost Limitation.--Not more than $5,000,000 in Federal
funds may be allotted under this section for a project at any
single locality.''; and
(b) renumbering the succeeding subsections accordingly.
Sec. 116. Section 514(f)(1) of the Water Resources
Development Act of 1999 (Public Law 106-53) is amended by
adding at the end of the sentence before the period ``which
may be in cash, by the provision of lands, easements, rights-
of-way, relocations or disposal areas, by in-kind services to
implement the project, or by any combination of the
foregoing. Land needed for a project under this authority may
remain in private ownership subject to easements satisfactory
to the Secretary necessary to assure achievement of the
project purposes''.
Sec. 117. Section 514(g) of the Water Resources Development
Act of 1999 (Public Law 106-53) is amended by striking the
words ``for the period of fiscal years 2000 and 2001'' and
inserting in lieu thereof ``per year, and such authority
shall extend until Federal fiscal year 2015''.
Sec. 118. Missouri River Levee System, Unit L-15 Levee,
Missouri. The portion of the L-15 levee system which is under
the jurisdiction of the Consolidated North County Levee
District and which is situated along the right descending
bank of the Mississippi River from its confluence with the
Missouri River and running upstream approximately 14 miles
shall be considered to be a Federal levee for purposes of
cost sharing under 33 U.S.C. 701n.
Sec. 119. Section 219(f) of the Water Resources Development
Act of 1992 (Public Law 102-580; 106 Stat. 4835), as amended
by section 502(b) of the Water Resources Development Act of
1999 (Public Law 106-53) and section 108(d) of title I of
division B of the Miscellaneous Appropriations Act, 2001 (as
enacted by Public Law 106-554; 114 Stat. 2763A-220), is
further amended by adding at the end the following:
``(72) Alpine, california.--$10,000,000 is authorized for a
water transmission main, Alpine, CA.''.
Sec. 120. Section 214(a) of Public Law 106-541 is amended
by striking ``2005'' and inserting ``2006''.
Sec. 121. Middle Rio Grande Endangered Species
Collaborative Program, New Mexico. The Secretary of the Army
may carry out projects that comply with the Reasonable and
Prudent Alternative of the 2003 Biological Opinion required
by section 205(b) of Public Law 108-447 (118 Stat. 2949)
referring to the Biological and Conference Opinions on the
Effects of Actions Associated with the Programmatic
Biological Assessment of Bureau of Reclamation's Water and
River Maintenance Operations, Army Corps of Engineers' Flood
Control Operation, and Related Non-Federal Actions on the
Middle Rio Grande, New Mexico and other recovery measures for
the Rio Grande Silvery Minnow or the Southwest Willow
Flycatcher, including recommendations provided by the
Endangered Species Act Collaborative Program as established
in Public Law 108-137 section 209(b) (117 Stat. 1850). All
project undertaken under this subsection shall be subject to
a 75 percent Federal/25 percent non-Federal cost share. The
non-Federal cost share for all projects carried out under
this program may be provided through in-kind services or
direct cash contributions and shall include provision of
necessary land, easements, relocations and disposal sites.
Non-Federal cost share shall be credited on a programmatic
basis instead of on a project-by-project basis with
reconciliation of total project costs and total non-Federal
cost share on a 3 year incremental basis. Over contribution
of non-Federal cost share shall be credited to subsequent
years. In lieu of individual Project Cooperation Agreements,
the Secretary shall enter into Memoranda of Agreement with
participants in the Middle Rio Grande Endangered Species
Collaborative Program in order to establish relative
contribution of non-Federal cost share by each participant,
implement projects, and streamline administrative procedures.
Sec. 122. Bluestone, West Virginia. Section 547 of the
Water Resources Development Act of 2000 (114 Stat. 2676) is
amended--
(1) in subsection (b)(1)(A) by striking ``4 years'' and
inserting ``5 years'';
(2) in subsection (b)(1)(B)(iii) by striking ``if all'' and
all that follows through ``facility'' and inserting
``assurance project'';
(3) in subsection (b)(1)(C) by striking ``and
construction'' and inserting ``, construction, and operation
and maintenance'';
(4) by adding at the end of subsection (b) the following:
``(3) Operation and ownership.--The Tri-Cities Power
Authority shall be the owner and operator of the hydropower
facilities referred to in subsection (a).'';
(5) in subsection (c)(1)--
(A) by striking ``No'' and inserting ``Unless otherwise
provided, no'';
(B) by inserting ``planning,'' before ``design''; and
(C) by striking ``prior to'' and all that follows through
``subsection (d)'';
(6) in subsection (c)(2) by striking ``design'' and
inserting ``planning, design,'';
(7) in subsection (d)--
(A) by striking paragraphs (1) and (2) and inserting the
following:
``(1) Approval.--The Secretary shall review the design and
construction activities for all features of the hydroelectric
project that pertain to and affect stability of the dam and
control the release of water from Bluestone Dam to ensure
that the quality of construction of those features meets all
standards established for similar facilities constructed by
the Secretary.'';
(B) by redesignating paragraph (3) as paragraph (2);
(C) by striking the period at the end of paragraph (2) (as
so redesignated) and inserting ``, except that hydroelectric
power is no longer a project purpose of the facility so long
as Tri-Cities Power Authority continues to exercise its
responsibilities as the builder, owner, and operator of the
hydropower facilities at Bluestone Dam. Water flow releases
and flood control from the hydropower facilities shall be
determined and directed by the Corps of Engineers.''; and
(D) by adding at the end the following:
``(3) Coordination.--Construction of the hydroelectric
generating facilities shall be coordinated with the dam
safety assurance project currently in the design and
construction phases.'';
(8) in subsection (e) by striking ``in accordance'' and all
that follows through ``58 Stat. 890)'';
(9) in subsection (f)--
(A) by striking ``facility of the interconnected systems of
reservoirs operated by the Secretary'' each place it appears
and inserting ``facilities under construction under such
agreements''; and
(B) by striking ``design'' and inserting ``planning,
design'';
(10) in subsection (f)(2)--
(A) by ``Secretary'' each place it appears and inserting
``Tri-Cities Power Authority''; and
(B) by striking ``facilities referred to in subsection
(a)'' and inserting ``such facilities'';
[[Page S7774]]
(11) by striking paragraph (1) of subsection (g) and
inserting the following:
``(1) to arrange for the transmission of power to the
market or to construct such transmission facilities as
necessary to market the power produced at the facilities
referred to in subsection (a) with funds contributed by the
Tri-Cities Power Authority; and'';
(12) in subsection (g)(2) by striking ``such facilities''
and all that follows through ``the Secretary'' and inserting
``the generating facility''; and
(13) by adding at the end the following:
``(i) Tri-Cities Power Authority Defined.--In this section,
the `Tri-Cities Power Authority' refers to the entity
established by the City of Hinton, West Virginia, the City of
White Sulphur Springs, West Virginia, and the City of
Philippi, West Virginia, pursuant to a document entitled
`Second Amended and Restated Intergovernmental Agreement'
approved by the Attorney General of West Virginia on February
14, 2002.''.
Sec. 123. The portion of the project for navigation, City
Waterway, Tacoma, Washington authorized by the first section
of the Act of June 13, 1902 (32 Stat. 347), consisting of the
last 1,000 linear feet of the inner portion of the Waterway
beginning at Station 70+00 and ending at Station 80+00, is
not authorized.
Sec. 124. The Chief of Engineers shall define the repairs
made at Fern Ridge Dam as a dam safety project and costs
shall be recovered in accordance with Section 1203 of the
Water Resources Development Act of 1986: Provided, That costs
assigned to irrigation will be recovered by the Secretary of
the Interior in accordance with Public Law 98-404.
Sec. 125. The Chief of Engineers is directed to fully
utilize the Federal dredging fleet in support of all Army
Corps of Engineers missions and no restrictions shall be
placed on the use or maintenance of any dredge in the Federal
Fleet.
Sec. 126. The Chief of Engineers is directed to maintain
the Federal dredging fleet to technologically modern and
efficient standards.
Sec. 127. Lake Champlain Canal Dispersal Barrier, Vermont
and New York. The Chief of Engineers shall determine, at full
Federal expense, the feasibility of a dispersal barrier
project at the Lake Champlain Canal: Provided, That if the
Chief determines that the project is feasible, the Chief
shall construct, maintain, and operate a dispersal barrier at
the Lake Champlain Canal at full Federal expense.
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
The following appropriations shall be expended to execute
authorized functions of the 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,
$899,569,000, to remain available until expended, of which
$63,544,000 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 further, 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 $500,000 is provided to the Bureau of
Reclamation to advance the Snyderville Basin Water Supply
Study Special Report to a Feasibility Level Study and NEPA
compliance for the purpose of providing water to Park City
and the Snyderville Basin, Utah, as a component of the Weber
Basin Project: 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, $37,000,000, 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. Funds under this title for Drought Emergency
Assistance shall be made available primarily for leasing of
water for specified drought related purposes from willing
lessors, in compliance with existing State laws and
administered under State water priority allocation. Such
leases may be entered into with an option to purchase:
Provided, That such purchase is approved by the State in
which the purchase takes place and the purchase does not
cause economic harm within the State in which the purchase is
made.
Sec. 204. The Secretary of the Interior, acting through the
Commissioner of the Bureau of Reclamation, hereafter is
authorized to enter into grants, cooperative agreements, and
other agreements with irrigation or water districts and
States to fund up to 50 percent of the cost of planning,
designing, and constructing improvements that will conserve
water, increase water use efficiency, or enhance water
management through measurement or automation, at existing
water supply projects within the States identified in the Act
of June 17, 1902, as amended, and supplemented: Provided,
That when such improvements are to federally owned
facilities, such funds may be provided in advance on a non-
reimbursable basis to an entity operating affected
transferred works or may be deemed non-reimbursable for non-
transferred works: Provided further, That the calculation of
the non-Federal contribution shall provide for consideration
of the value of any in-kind contributions, but shall not
include funds received from other Federal agencies: Provided
further, That the cost of operating and maintaining such
improvements shall be the responsibility of the non-Federal
entity: Provided further, That this section shall not
supercede any existing project-specific funding authority:
Provided further, That the Secretary is also hereafter
authorized
[[Page S7775]]
to enter into grants or cooperative agreements with
universities or non-profit research institutions to fund
water use efficiency research.
Sec. 205. Rio Grande Collaborative Water Operations Team.
The Secretary of the Interior, acting through the
Commissioner of the Bureau of Reclamation, and the Secretary
of the Army, acting through the Army Corps of Engineers,
shall jointly lead and may enter into agreements with other
Federal, State, and non-Federal entities with water rights in
the Rio Grande Basin to form a Collaborative Water Operations
Team in order to cooperate on water management and riparian
actions in order to optimize the supply of water throughout
the basin and meet other Federal obligations. The Rio Grande
Collaborative Water Operations Team shall undertake to
develop a master plan for the Rio Grande River and its
tributaries within the State of New Mexico that integrates
all Federal actions and where possible considers all non-
Federal actions for water management including improvement of
agriculture efficiency, environmental restoration and
management, ecological improvements and management,
scientific investigations, flood control, recreation
development and similar water and land management efforts.
Sec. 206. Water Desalination Act. Section 8 of Public Law
104-298 (The Water Desalination Act of 1996) (110 Stat. 3624)
as amended by section 210 of Public Law 108-7 (117 Stat. 146)
and by section 6015 of Public Law 109-13 is amended by--
(1) in paragraph (a) by striking ``2005'' and inserting in
lieu thereof ``2010''; and
(2) in paragraph (b) by striking ``2005'' and inserting in
lieu thereof ``2010''.
Sec. 207. Section 17(b) of the Colorado Ute Indian Water
Rights Settlement Act of 1988 as amended (Public Law 100-585,
102 Stat. 2973; Public Law 106-554, 114 Stat. 2763A-266) is
amended by striking ``within 7 years'' and all that follows
through ``following the date of enactment of this section''
and inserting ``for each of fiscal years 2006 through 2012''.
Sec. 208. (a) Notwithstanding section 217(a)(3) of the
Energy and Water Development Appropriations Act, 2004 (Public
Law 108-137; 117 Stat. 1853), and in accordance with section
804(f) of title VIII of the Clark County Conservation of
Public Land and Natural Resources Act of 2002 (Public Law
107-282; 116 Stat. 2016), the State of Nevada shall not be
responsible for any of the payments described in section
804(b)-(e) of title VIII of Public Law 107-282 associated
with the conveyance of the Humboldt Project. The State of
Nevada shall be subject to the reconveyance provisions
contained in the last sentence of section 804(f).
(b)(1) Using amounts made available under section 2507 of
the Farm and Security Rural Investment Act of 2002 (Public
Law 107-171, Title II, Subtitle F; 116 Stat. 275), the
Secretary of the Interior, acting through the Commissioner of
Reclamation, may expend up to $1,000,000 to cover both the
Secretary's share and the State of Nevada's share of the
following costs provided by section 804(c)-(e) of Public Law
107-282 incurred by the conveyance of the State of Nevada's
share of the Humboldt Project:
(A) administrative costs;
(B) real estate transfer costs; and
(C) the costs associated with complying with--
(i) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(ii) the National Historic Preservation Act (16 U.S.C. 470
et seq.).
(2) The amounts appropriated by this section shall be in
addition to the $270,000 appropriated by section 217(a)(3) of
Public Law 108-137.
Sec. 209. (a)(1) Using amounts made available under section
2507 of the Farm and Security Rural Investment Act of 2002
(43 U.S.C. 2211 note; Public Law 107-171), the Secretary
shall provide not more than $70,000,000 to the University of
Nevada--
(A) to acquire from willing sellers land, water appurtenant
to the land, and related interests in the Walker River Basin,
Nevada; and
(B) to establish and administer an agricultural and natural
resources center, the mission of which shall be to undertake
research, restoration, and educational activities in the
Walker River Basin relating to--
(i) innovative agricultural water conservation;
(ii) cooperative programs for environmental restoration;
(iii) fish and wildlife habitat restoration; and
(iv) wild horse and burro research and adoption marketing.
(2) In acquiring interests under paragraph (1)(A), the
University of Nevada shall make acquisitions that the
University determines are the most beneficial to--
(A) the establishment and operation of the agricultural and
natural resources research center authorized under paragraph
(1)(B); and
(B) environmental restoration in the Walker River Basin.
(b)(1) Using amounts made available under section 2507 of
the Farm and Security Rural Investment Act of 2002 (43 U.S.C.
2211 note; Public Law 107-171), the Secretary shall provide
not more than $10,000,000 for a water lease and purchase
program for the Walker River Paiute Tribe.
(2) Water acquired under paragraph (1) shall be--
(A) acquired only from willing sellers;
(B) designed to maximize water conveyances to Walker Lake;
and
(C) located only within the Walker River Paiute Indian
Reservation.
(c) Using amounts made available under section 2507 of the
Farm and Security Rural Investment Act of 2002 (43 U.S.C.
2211 note; Public Law 107-171), the Secretary, acting through
the Commissioner of Reclamation, shall provide--
(1) $10,000,000 for tamarisk eradication, riparian area
restoration, and channel restoration efforts within the
Walker River Basin that are designed to enhance water
delivery to Walker Lake, with priority given to activities
that are expected to result in the greatest increased water
flows to Walker Lake; and
(2) $5,000,000 to the United States Fish and Wildlife
Service, the Walker River Paiute Tribe, and the Nevada
Division of Wildlife to undertake activities, to be
coordinated by the Director of the United States Fish and
Wildlife Service, to complete the design and implementation
of the Western Inland Trout Initiative and Fishery
Improvements in the State of Nevada with an emphasis on the
Walker River Basin.
Sec. 210. Norman, Oklahoma. (a) Authorization to Conduct
Feasibility Study.--
(1) Feasibility study.--In accordance with Federal
reclamation law, the Secretary of the Interior (referred to
as ``Secretary''), acting through the Bureau of Reclamation
and in consultation with the State of Oklahoma, Central
Oklahoma Master Conservancy District (referred to as
``District''), and other interested local entities, is
authorized to conduct a study to determine the feasibility
of:
(A) implementing water augmentation alternatives that would
provide additional water to meet the future needs of the
District's member cities and surrounding area;
(B) making use of existing Norman Project infrastructure to
store, regulate and deliver water to meet current and future
water demands; and
(C) increasing the capacity of existing Norman Project
infrastructure in order to meet the projected demands.
(2) Cost sharing.--The Federal share of the cost of the
study authorized in this Act shall not exceed 50 percent of
the total cost of the study, and shall be non-reimbursable.
(3) Cooperative agreements.--The Secretary is authorized to
enter into cooperative agreements with the State of Oklahoma
and other appropriate entities to complete the feasibility
study authorized in this Act.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary such sums as are
necessary to carry out the Federal share under subsection
(a).
Sec. 211. Section 207 of Division C of Public Law 108-447
is amended by inserting ``, and any effects of inflation
thereon,'' after the word ``increase''.
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, $1,945,330,000, 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),
$641,646,000, 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, $100,000,000 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
[[Page S7776]]
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 activities not included in this account:
Provided further, That salaries for Federal employees
performing research and development activities at the
National Energy Technology Laboratory can continue to be
funded from program accounts: 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, $21,500,000, 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 $36,000,000 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, $85,926,000, 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, $353,219,000, 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, $561,498,000, to be derived
from the Fund, to remain available until expended, of which
$0 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, $3,702,718,000, 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,
$300,000,000, 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 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 $500,000 shall be provided to Nye
County, Nevada, for on-site oversight activities under
section 117(d) of that Act: Provided further, That $8,500,000
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, $280,976,000, 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
$157,976,000.
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; $6,554,024,000, to
remain available until expended: Provided, That the
$65,564,000 is authorized to be appropriated for Project 01-
D-108, Microsystems and Engineering Sciences Applications
(MESA), Sandia National Laboratories, Albuquerque, New
Mexico: Provided further, That $65,000,000 is authorized to
be appropriated for Project 04-D-125, Chemistry and
Metallurgy Research Building Replacement project, Los Alamos
Laboratory, Los Alamos, New Mexico.
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, $1,729,066,000, to remain available until
expended.
[[Page S7777]]
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, $343,869,000, 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, $6,366,771,000, 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; $665,001,000, 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, $277,000,000, 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, $30,166,000, to remain available until
expended: Provided, That, notwithstanding 31 U.S.C. 3302, up
to $3,000,000 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
official reception and representation expenses in an amount
not to exceed $1,500; $240,757,000, to remain available until
expended, of which $236,596,000 shall be derived from the
Department of the Interior Reclamation Fund: Provided, That
notwithstanding the provision of 31 U.S.C. 3302, up to
$279,000,000 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. 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. 302. 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. 303. 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. 304. 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. 305. 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. 306. (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
[[Page S7778]]
setting forth, in specificity, the substantive reasons why
the Secretary believes the requirement for competition should
be waived for this particular award.
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 4 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 in this Act may be used to
dispose of transuranic waste in the Waste Isolation Pilot
Plant which contains concentrations of plutonium in excess of
20 percent by weight for the aggregate of any material
category on the date of enactment of this Act, or is
generated after such date. For the purpose of this section,
the material categories of transuranic waste at the Rocky
Flats Environmental Technology Site include: (1) ash
residues; (2) salt residue; (3) wet residues; (4) direct
repackage residues; and (5) scrub alloy as referenced in the
``Final Environmental Impact Statement on Management of
Certain Plutonium Residues and Scrub Alloy Stored at the
Rocky Flats Environmental Technology Site''.
Sec. 311. Advanced Simulation Computing. None of the funds
appropriated by this Act for the National Nuclear Security
Administration (NNSA) Advanced Simulation and Computing
program may be used to fund any project that does not
directly support the stockpile stewardship mission of NNSA
unless the NNSA Administrator determines that all Advanced
Simulation and Computing stockpile stewardship
responsibilities for fiscal year 2006 have been satisfied.
Sec. 312. Reno Hydrogen Fuel Project Funding. (a) The non-
Federal share of project costs shall be 20 percent.
(b) The cost of project vehicles, related facilities, and
other activities funded from the Federal Transit
Administration Sections 5307, 5308, 5309, and 5314 program,
including the non-Federal share for the FTA funds, is an
eligible component of the non-Federal share for this project.
(c) Contribution of the non-Federal share of project costs
for all grants made for this project may be deferred until
the entire project is completed.
(d) All operations and maintenance costs associated with
vehicles, equipment, and facilities utilized for this project
are eligible project costs.
(e) This section applies to project appropriations
beginning in fiscal year 2004.
Sec. 313. 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 or subsequent Energy and
Water Development Appropriations Acts, 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
4 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.
Sec. 314. LDRD Eligibility. Funds made available in Title
III of this Act shall be available to pay expenses for all
Lab Directed Research and Development (LDRD), Plant Directed
Research and Development (PDRD) and Site Directed Research
and Development (SDRD) project costs incurred by DOE Major
Facility Operating Contractors.
Sec. 315. LDRD Costs. Funds made available in Title III of
this Act shall be available to finance all direct and
indirect costs of research performed on behalf of other
Federal agencies, including laboratory directed research and
development costs.
Sec. 316. NNSA Complex Review Implementation. No funds
provided in this Act shall be available to implement reforms
identified in Secretary of Energy's Advisory Board NNSA
Nuclear Weapons Complex Infrastructure Study that had not
been requested within the fiscal year 2006 budget request.
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,
$65,482,000, 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,
$12,000,000, 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, $67,000,000
nothwithstanding the limitations contained in section 306(g)
of the Denali Commission Act of 1998, $2,562,000, to remain
available until expended: Provided, That of the amounts
provided to the Denali Commission, $5,000,000 is for
community showers and washeteria in villages with homes with
no running water; $13,000,000 is for the Juneau/Green's
Creek/Hoonah Intertie project; $3,000,000 for the Fire Island
Transmission line; $1,000,000 for the Humpback Creek
Hydroelectric project; $2,000,000 for the Falls Creek
Hydroelectric project; $5,000,000 is for multi-purpose
community facilities including the Bering Straits Region,
Dillingham, Moose Pass, Sterling, Funny River, Eclutna, and
Anchor Point; $10,000,000 is for teacher housing in remote
villages such as Savoogna, Allakakaet, Hughes, Huslia, Minto,
Nulato, and Ruby where there is limited housing available for
teachers; $7,000,000 is for facilities serving Native elders
and senior citizens; and $5,000,000 is for: (1) the Rural
Communications service to provide broadcast facilities in
communities with no television or radio station; (2) the
Public Broadcasting Digital Distribution Network to link
rural broadcasting facilities together to improve economies
of scale, share programming, and reduce operating costs; and
(3) rural public broadcasting facilities and equipment
upgrades.
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), purchase of promotional items for use in the
recruitment of individuals for employment, $734,376,000, 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 $598,643,000 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 $135,733,000: 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 PROVISION
Sec. 501. 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.
[[Page S7779]]
This Act may be cited as the ``Energy and Water Development
Appropriations Act, 2006''.
The committee amendment in the nature of a substitute was agreed to.
Mr. FRIST. Mr. President, Members have been asking about the schedule
for tonight. We are proceeding to the Energy and Water appropriations
bill. The chairman and ranking member will begin shortly. I do not
believe we have many amendments to the bill. We will finish the bill
tonight. I know the Senator from California will have an amendment, and
it will require some debate and a vote.
We can begin that amendment--or I will leave it to the chair and
ranking member at this time. But the plans will be to have further
rollcall votes, and we will complete the bill tonight.
I yield the floor.
The PRESIDING OFFICER. The Senator from Nevada is recognized.
Mr. REID. Mr. President, I am wondering, while the manager and
everybody else is on the floor--we know we have at least one amendment
that will take some debate. I am wondering if everybody wants a vote on
final passage.
We can do that. It will take a while to get through all this. There
are no surprises. It has been around for a while. I am going to be
here, anyway, so it does not matter to me. I am wondering if we need to
have a rollcall vote on final passage.
Mr. McCAIN. If the minority leader will yield, I was told there is a
whole stack of amendments going to be considered. I am sure some will
require rollcall votes.
Mr. REID. We will certainly keep that in mind, but we also have an
opportunity when the conference report comes back to take a look at it
again if someone needs a recorded vote. As we always do, we will work
with the Senator from Arizona, and if there are questions, of course,
we will be ready to have a rollcall vote.
The PRESIDING OFFICER (Mr. Ensign). The Senator from New Mexico.
Mr. DOMENICI. Mr. President, before the Senator from Arizona leaves,
before we started, we were aware of only one person--until the Senator
from Arizona spoke, and we understand Senator McCain is going to see
what he wants to do--who wanted a rollcall vote. Now we will look for
any others and will be glad to work with the Senator's people. If he
will tell us now, we will share anything he would like as soon as
possible.
For the information of the Senate, Senator Feinstein--permit me to
editorialize a minute--has offered this amendment, or something like
it, a couple times. We have voted on it, but she wants substantial
time, and certainly that is her privilege. We will not take much time
in opposition.
For the benefit of our colleagues, how long does the Senator from
California intend to take?
Mrs. FEINSTEIN. I will take 15 minutes, Senator Kennedy 30 minutes,
Senator Levin 15 minutes, and Senator Clinton 5 minutes.
Mr. REID. Mr. President, I ask unanimous consent that be the order of
those in support of the amendment.
Mr. DOMENICI. There will be no others?
The PRESIDING OFFICER. Is there objection?
Mr. DOMENICI. On our side, unless somebody else wants time--on this
amendment, do you want time?
Mr. WARNER. On Feinstein.
Mr. DOMENICI. In opposition?
Mr. WARNER. Yes.
Mr. DOMENICI. Mr. President, that is 15 minutes in opposition, plus 5
minutes for me. There will be 20 minutes in opposition.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Mr. President, before we proceed, I say through the Chair
to the distinguished Senator from Arizona, this is one of the smallest
managers' packages I have ever seen. I think we have eight or nine
items in it, and they are ready for review right now.
Mr. McCAIN. Mr. President, for the benefit of the Senator from
Nevada, there is a large stack of amendments my staff has just been
handed. Here we are at 10:15 at night, and we have never laid eyes on
them before. I say again to my colleagues, plan on rollcall votes.
Mr. REID. We do not have a large stack of amendments.
Mr. DOMENICI. It is eight items. We will give them all to the Senator
from Arizona. We have given them to him already.
Mr. REID. This is one of the smallest managers' packages I have ever
dealt with.
Mr. DOMENICI. Mr. President, it is my pleasure to bring the Energy
and Water bill for fiscal year 2006 to the floor for consideration.
Thanks to Chairman Cochran and his ranking member, Senator Robert Byrd,
the subcommittee allocation is $31.2 billion, an amount that is $1.5
billion over the President's request.
Chairman Cochran has been generous to this subcommittee, and I am
committed to supporting priorities that have been neglected or
underfunded in past budgets.
There are two priorities within this bill, and they are water and
science.
The first priority is water. As all the Members know, the request cut
water projects below the current year level.
In addition, the budget has imposed an OMB-originated formula to
establish priorities among water projects. I don't believe the OMB
formula is fair, and we have ignored it for purposes of identifying
worthy Corps projects in this bill.
I would also like to point out that there is an extensive discussion
in the report regarding this committee's support of the Corps' ability
to reprogram funds and utilize continuing contracts as an effective
tool to manage the over 2,200 Corps projects and studies. The House has
proposed to eliminate the Corps reprogramming authority and restrict
its ability to focus resources on critical construction priorities.
Each construction project is different with numerous challenges,
including weather, water flows and construction logistics, including
manpower and materials, that may cause significant delays. On the other
hand, some projects are able to accelerate their schedule. Using the
reprogramming authority the Corps is able to keep accelerated projects
on track by reprioritizing funds from delayed projects.
I have been contacted by many Members and heard from numerous
communities who oppose the House language. I share their concerns and
believe the House proposal is unworkable and would eliminate the Corps'
ability to prioritize work. These reforms are in the best interest of
the Corps or taxpayers.
The subcommittee has also provided funds to offset the $521 million
in unfunded legislative assumptions included in the budget request
associated with the management of the Power Marketing Administration.
The second priority in this bill is science. Funding for both the
both Office of Science and the Stockpile Stewardship R&D accounts
within NNSA received increases.
The budget request reduced the Office of Science funding by $136
million. This mark restores the cut and more, providing an increase of
$240 million above the request.
I am also concerned about the funding reductions to the science-based
stockpile steward ship accounts. I have attempted to restore this
scientific capability that is essential to the certification of our
nuclear deterrent without the validation of underground testing.
For the benefit of the Senate, I will review the highlights of this
bill.
The mark provides $5.29 billion for the Army Corps of Engineers which
is $966 million above the budget request.
We have included new construction projects and initiated new study
starts.
This bill ignores the OMB-developed formulation for the Corps as it
would negatively impact rural projects and projects that have already
begun construction.
This mark also ignores the administration's decision not to fund
beach renourishment. These projects are very important to many
communities and likewise members of the Senate.
For the Bureau of Reclamation, this bill provides just over $1.08
billion, an increase of $130 million above the President's request.
This project support water projects in 17 Western States and provides
$60 million for Animas La Plata, an increase of $8 million over the
reuestst. The committee provides full funding for Cal Fed of $37
million, and provides the current year funding for Water 2025.
For the Department of Energy, the mark provides $25.04 billion.
[[Page S7780]]
For nuclear weapons activities of the National Nuclear Security
Administration), NNSA, the bill provides $6.55 billion, which is $76
million under the President's request.
This decrease is a result of the $222 million transfer of cleanup
operations out of the NNSA to the Office of Environmental Management
and a reduction in the NIF construction program.
The committee mark increases are targeted to the science-based
Stockpile Stewardship Program. Funding for the science, engineering and
advanced computing campaigns are up $164 million.
For nuclear nonproliferation activities the Senate bill provides $1.7
billion, which is $91.8 million above the request and $236 million
above the current year level.
I think it is also important to mention that this subcommittee mark
fully funds the plutonium disposition program, including $362.5 million
for the construction of both the Pit Disassembly facility and well as
Mixed Oxide Fuel Fabrication Facility in South Carolina.
This facility is our only pathway to permanently eliminate excessive
and dangerous plutonium supplies. The NNSA spends tens of millions of
dollars to protect this material that will not be necessary if we are
able to turn plutonium into commercial nuclear fuel. It is our Nation's
best opportunity to undertake reprocessing.
The administration is making good headway in negotiations with the
Russians, which I believe warrants full funding of this critical
project.
For the Yucca Mountain project, the Senate bill provides $577
million, which is consistent with current year funding and $65 million
below the President's request.
This mark does not take a position on developing an interim storage
facility. While I personally believe that a central interim storage
facility makes sense, this bill is not the proper vehicle to have this
debate.
For the Energy Supply and Conservation Programs the subcommittee mark
provides $1.9 billion, an increase of $195 million above the request.
For nuclear energy R&D, the bill provides $499.9 million, which is
$60 million above the President's request and $64 million over the
current year levels.
Also, Nuclear Power 2010, $76 million, an increase of $20 million and
Advanced Fuel Concepts Initiative, $85 million is provided, an increase
of $15 million.
For the Office of Science, the bill provides $3.7 billion, an
increase of $240 million above the request and $102 million above the
current year level. We have provided $100 million to ensure that DOE
facilities operate at 100 percent capacity. A $40 million increase has
been provided to accelerate the four planned facilities under the
Genomes to Life program. And $30 million is provided to establish a
nanotechnology transfer account.
For independent agencies, the mark provides: $67 million for the
Denali Commission; $65.5 million for the Appalachian Regional
Commission; $12 million for the Delta Regional Authority, an increase
of $6 million over the President's request; and $734 million for the
Nuclear Regulatory Commission, an increase of $41 million over the
current year level.
Mr. President, to reiterate, I suggest there are many here worried
about water projects and the Corps of Engineers. This is the bill for
all American water projects, the Corps, the Bureau of Land Management,
and any others. This bill funds that at a level of $1.8 billion. That
is $130 million more than the President and $63 million more than
current level.
This bill covers the Department of Energy. It covers all of the
stockpile stewardship activities. It covers nonproliferation
activities. That is one for which the President has asked for
substantial money.
Renewable R&D is in this bill with very substantial funding. There is
nuclear research and development and, most importantly, we have
substantially increased basic science research. This bill and this
Department does a little more than one-third of the entire Nation's
basic science funding. We thought this was a year to increase it, not
decrease it. We have been told this is a time to increase it because we
have increased funding for health sciences over the past 10 to 12 years
but not basic science. We found money from other places to increase
that.
This bill also includes money for nuclear waste disposal. That has
been very difficult. It also has Yucca Mountain and has the cleanup. It
also has three or four independent agencies.
Mr. REID. Mr. President, I rise in support of the fiscal year 2006
Energy and Water Appropriations Act as reported by the Committee on
Appropriations on June 14, 2006.
This is a good bill, one that is fair to all of our Members and one
that I am pleased to support. There is always more that can be done,
but, given fiscal realities, this is a great effort. Chairman Domenici
deserves enormous credit for putting together such a comprehensive and
far-reaching bill.
My staff tells me that we have added nearly $1.5 billion to this
bill. I find that figure to be misleading. The vast majority of the
dollars we have added to this bill have been used to undo budget
gimmicks that were, as usual, submitted with the administration's
request and that Congress has wisely chosen to reject.
More importantly, this bill corrects oversights and large-scale
neglect on the part of the administration, particularly in regards to
the U.S. Army Corps of Engineers.
When the administration sends up a budget that not only deletes the
priorities of Congress, but also deletes their own priorities of just a
few months ago, something is wrong.
Fully 65 percent of the funds added to this bill have been spent
within the U.S. Army Corps of Engineers, mostly to try to restore cuts
that would halt construction on hundreds of projects nationwide. Many
of the construction projects slated for termination are in their final
year of construction.
Only OMB could dream up a budget request that would forego tens of
millions of dollars in future economic benefits to save a couple of
bucks this year.
Chairman Domenici and I have heard our colleagues with unmistakable
clarity:
Our Members want flood control projects to protect their citizens.
Our Members want navigation projects to allow goods and services to
more easily get into the international marketplace.
Our Members want rural water projects that will allow rural Americans
to have access to the same safe drinking water that our citizens in
cities and suburbs take for granted.
We have heard our colleagues, and we have acted. My only regret is
that we could not do more.
I am also delighted with the emphasis that Chairman Domenici has
placed on science in this bill.
The Energy and Water bill contains one of the largest pots of funding
for long-term research and development in the physical sciences to be
found anywhere in our Federal Government. In fiscal year 2006, we will
invest over $3.7 billion in DOE's Office of Science, $240 million more
than the request.
The administration's request reduced user time on national science
facilities to as few as zero to 5 weeks in many cases.
That is ridiculous. Year after year Congress shells out tens if not
hundreds of millions of dollars to build world class scientific user
facilities, such as the Spallation Neutron Source and others, and then
the administration does not even bother to fund their operation. It
just strikes me as amazingly short-sighted and disappointing.
However, I am very pleased that we have been able to restore optimum
operations at all of these facilities nationwide without harming any of
the other base programs.
Our bill also provides impressive funding for research and
development in renewable energy, fossil energy, and nuclear energy. All
in all, this is a balanced bill that will help us improve our Nation's
energy future on many different fronts. As we all know, Chairman
Domenici was able to send a comprehensive energy bill into conference
earlier this week and that is a huge accomplishment. However, it is in
this bill, the Energy and Water Appropriations Act, that the actual
funding for energy research and development can be found.
Authorizations are nice, but appropriated dollars are better.
As always, I would like to take a moment before wrapping up to thank
the Energy and Water Subcommittee staff
[[Page S7781]]
for their fine work on this bill. First, Chairman Domenici hired a new
clerk this year, Scott O'Malia. As always, the transition between
clerks has been seamless. Also thanks to Emily Brunini who joined the
subcommittee last year from Chairman Cochran's staff.
Roger Cockrell has had the unenviable task of working on water for
both the majority and minority this year and has done an outstanding
job for all 100 Members. I look forward to him returning to my staff
next year.
Finally, thanks to Drew Willison and Nancy Olkewicz of my staff. They
both do a great job for me on this bill, and Nancy also works for
Senator Durbin on the legislative branch bill.
The PRESIDING OFFICER. The Senator from California.
Amendment No. 1085
Mrs. FEINSTEIN. Mr. President, on behalf of Senators Kennedy,
Feingold, Dorgan, Levin, Wyden, Clinton, Mikulski, Lautenberg, Boxer,
Reed, Harkin, and Biden, I send an amendment to the desk.
The PRESIDING OFFICER. The clerk will report the amendment.
The legislative clerk read as follows:
The Senator from California [Mrs. Feinstein], for herself,
Mr. Kennedy, Mr. Feingold, Mr. Dorgan, Mr. Levin, Mr. Wyden,
Mrs. Clinton, Ms. Mikulski, Mr. Lautenberg, Mrs. Boxer, Mr.
Reed, Mr. Harkin, and Mr. Biden, proposes an amendment
numbered 1085.
Mrs. FEINSTEIN. Mr. President, I ask unanimous consent that the
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To prohibit the use of funds for the Robust Nuclear Earth
Penetrator and utilize the amount of funds otherwise available to
reduce the National debt)
At the appropriate place, insert the following:
Sec. __. (a) Prohibition on Use of Funds for Robust Nuclear
Earth Penetrator.--None of the funds appropriated or
otherwise made available by this Act may be used for any
purpose related to the Robust Nuclear Earth Penetrator
(RNEP).
(b) Utilization of Amount for Reduction of Public Debt.--Of
the amounts appropriated by this Act, an amount equal to the
amount of funds covered by the prohibition in subsection (a)
shall not be obligated or expended, but shall be utilized
instead solely for purposes of the reduction of the public
debt.
Mrs. FEINSTEIN. Mr. President, I was 13 years old when I saw this
picture. When we discuss nuclear weapons, this is the picture I
remember. The only country on Earth that has ever used nuclear weapons
is our own. It has been debated ever since whether this was positive
because it saved American troops and ended the war or whether it has
launched our country and other countries into a race which well could
prove disastrous for all of us.
This is a photograph of Hiroshima after the nuclear bomb was dropped
on the city on August 6, 1945. Mr. President, 80,000 people died from
the initial blast and 60,000 people died from radiation poisoning, for
a total of 140,000 people dead. And that bomb was 15 kilotons.
The second photograph is of Nagasaki after August 9, 1945.
Approximately 75,000 of the city's 240,000 residents were killed
instantly. In total, approximately 100,000 people died in the blast.
I rise today once again to address a critical issue that is related
to the security of the American people and our nuclear proliferation
efforts: the renewed push by this administration to reopen the nuclear
door, including funding for a 100-kiloton nuclear bunker buster.
I have argued this on the Senate floor before, that such actions,
combined with the policy of unilateralism and preemption, run counter
to our values and nonproliferation efforts and put U.S. national
security interests and American lives at risk. Therefore, those of us
who are cosponsors of this amendment wish to delete the $4 million, for
the study and development of the robust nuclear earth penetrator. The
amendment redirects the funds for debt reduction.
The time has come for this Senate, like the House has done in this
bill, to send a clear and unambiguous message to the White House and
the Pentagon: We will not support funding for programs to develop new
nuclear weapons.
Congress made a strong statement last year in deleting funding for
the development of this nuclear bunker buster by eliminating $27.5
million for the bunker buster, $9 million for the advanced concepts
initiative, which included the study of the development of low-yield
weapons. This action was due in no small part to the leadership of
Representative David Hobson, chairman of the House Appropriations
Energy Committee. The House took a strong position of opposition and
they are to be commended.
In fact, the House removed new nuclear weapons from all bills,
including the Fiscal Year 2006 Defense authorization bill, the Fiscal
Year 2006 Defense appropriations bill, and the 2006 Energy
appropriations bill. This was a consequential victory for those of us
who believe the United States sends the wrong signal to the rest of the
world by reopening the nuclear door and beginning the testing and
development of a new generation of nuclear weapons. That is why I was
so disappointed to learn that the administration requested funds this
year to resume the nuclear earth penetrator study.
As a matter of fact, this year Secretary Rumsfeld asked the
Department of Energy to place the $4 million in the energy budget and
$4.5 million in the defense budget, thereby splitting the amount
requested for the bunker buster. He hoped to weaken opposition and
split the budget between two Departments so that if it could not get
funding in one, he could get it in the other. The House had the
foresight to reject this idea and has reasserted its determination not
to move forward with the bunker buster study.
During its markup on the 2006 Defense authorization bill, the House
Armed Services Committee eliminated all the Department of Energy
funding for the RNEP, and transferred the $4 million to the Air Force
budget for work on a conventional nonnuclear version of the bunker
buster. The House Armed Services Committee member, Silvestre Reyes,
stated: The committee took the ``N,'' or ``nuclear,'' out of the RNEP
program.
Following the Armed Services Committee action, Chairman Hobson and
Representative Ellen Tauscher led the effort to eliminate the
Department of Energy funding of $4 million for the bunker buster in its
markup in the 2006 Energy and Water appropriations bill. That bill also
eliminated funding for the modern pit facility and banned site
selection for the facility in 2006.
Finally, the House 2006 Defense appropriations bill limits research
for a bunker buster to a conventional program. These three actions by
authorizers and appropriators, Republicans and Democrats alike, have
dealt another blow to the administration's plans to develop new nuclear
weapons and reinforced the clear intent of Congress that we should not
go down that path because it will only encourage the very proliferation
we are trying to prevent.
Why should the Senate continue to fund programs that are rapidly
losing support in the House and the administration? Now the Senate has
an opportunity to follow the House's lead. Senator Kennedy and I and
others have come to the floor to offer this amendment to do just that.
During previous debates on this issue, we have argued that according
to the laws of physics, it is simply not possible for a missile casing
on a nuclear warhead to survive a thrust into the earth to take out a
hard and deeply buried military target without spewing millions of tons
of cubic feet of radiation into the atmosphere. Consider this: A 1-
kiloton nuclear weapon detonated 25 to 50 feet underground would dig a
crater the size of Ground Zero in New York and eject 1 million cubic
feet of radioactive debris into the air.
Given the insurmountable physics problems associated with burrowing a
warhead deep into the earth, one would need a weapon with more than 100
kilotons of yield to destroy an underground target at a depth of 1,000
feet.
Now let me explain. The maximum feasible depth of a bunker buster is
35 feet. At that depth, a 100-kiloton bunker buster would scatter 100
million cubic feet of radioactive debris into the atmosphere. There is
no known missile casing that can survive a 1,000-foot thrust into the
Earth and avoid overwhelming and catastrophic consequences. That is a
fact. There is not a single scientist who will say that.
[[Page S7782]]
The head of the National Nuclear Security Administration agrees.
At the March 2, 2005, House Armed Services Strategic Forces
Subcommittee, Congresswoman Ellen Tauscher asked Ambassador Linton
Brooks, the following question:
I just want to know is there any way a [robust nuclear
earth penetrator] of any size that we would drop would not
produce a huge amount of radioactive debris?
The Ambassador replied:
No, there is not.
When Congresswoman Tauscher asked him how deep he thought a bunker
buster could go, he answered:
. . . a couple of tens of meters, maybe. I mean certainly--
I must apologize for my lack of precision if we in the
administration have suggested that it was possible to have a
bomb that penetrated far enough to trap all fallout. I don't
believe that--I don't believe the law of physics will ever
let that be true.
Here is the head of the National Nuclear Security Administration
saying there is no way one can drive a missile casing deep enough to
prevent radioactive spewing.
Let me just show what this means. For a 100-kiloton weapon, one would
have to drive it 800 feet deep into the earth to contain the nuclear
fallout. One can only drive it a small distance: 35 feet. So the result
is 1.5 million tons of radioactivity. If it is 5 kilotons, one would
have to drive it 320 feet. One could only drive it 35 feet. The spewing
of radioactive debris is 200,000 tons. If it is 1 kiloton, one would
have to drive it 220 feet. One could only drive it 35 feet and the
radioactivity is 60,000 tons. If it is .2 kilotons, one would have to
drive it 120 feet. One can only drive it 35 feet, and the radioactive
spewing is 25,000 tons.
This is not from me. This is the National Academy of Sciences,
nuclear scientists, physicists, the head of the National Nuclear
Security Administration. There is widespread agreement about this. So
why are we doing it?
On April 27, the National Academies of Sciences study commissioned by
Congress to study the anticipated health and environmental effects of
the Nuclear Earth Penetrator Weapon found that current experience and
empirical predictions indicate that the Earth-penetrating weapons
cannot penetrate to depths required for total containment of the
effects of a nuclear explosion. It would take a 300-kiloton weapon at a
penetration of 3 meters, or 10 feet, to destroy hard and deeply buried
targets at 200 meters, or 656 feet.
To destroy a hard and deeply buried target at 300 meters you would
need a 1-megaton weapon--not kiloton, megaton. The number of casualties
from an Earth penetrator weapon detonated at a few meters depth is, for
all practical purposes, equal to that of a surface burst of the same
weapon yield.
That is what the National Academies of Sciences studies say. For
attacks near or in densely populated areas, using Nuclear Earth
Penetrator Weapons on hard and deeply buried targets, the number of
casualties can range from thousands to more than a million, depending
primarily on weapon yield.
The bottom line is that a bunker buster cannot penetrate into the
Earth deeply enough to avoid massive casualties and the spewing of
millions of cubic feet of radioactive materials into the atmosphere. It
would result in the death of up to a million people or more if used in
a densely populated area.
This chart shows that. The source is the National Resources Defense
Council and the EPA. What it shows is the predicted radioactive fallout
from a B61-11 300-kiloton explosion in West Pyongyang, North Korea,
using historical weather data for the month of May.
Here is the blast, here is Seoul, here is the radioactive fallout.
Why are we doing this? It makes no sense.
I think this is the strongest evidence to date that we should not
move forward with this study and that we should put a stop to it once
and for all. In reality, this has never been about a study. It has been
about the intent of this administration to develop new nuclear weapons.
While the administration is silent this year on how much it plans to
spend on the program in the future, last year's budget request totaled
$485 million on the robust nuclear earth penetrator over 5 years. This
5-year figure was omitted this year.
Let's look, for a brief moment, at the policies underlying this
request, for they, too, have not been changed. The 2002 Nuclear Posture
Review places nuclear weapons----
The PRESIDING OFFICER. The time of the Senator has expired.
Mrs. FEINSTEIN. Mr. President, I yield myself another 5 minutes.
The 2002 Nuclear Posture Review places nuclear weapons as part of the
strategic triad. Therefore, the aim is to blur the distinction between
conventional and nuclear weapons. This makes them easier to use.
National Security Directive 17 indicates that the United States would
engage in a first use of nuclear weapons--a historic statement in
itself. We have never had a first-use policy. We have always had
strategic ambiguity, but we have never before said we would ever
countenance a first use of nuclear weapons. In Security Directive 17 it
is said in response to a chemical or biological attack--and seven
nations are actually named--we would consider a nuclear response. In
essence, these policies encourage other nations, and they have
encouraged North Korea and they have encouraged Iran--those are two of
the nations suggested--to develop their own nuclear weapons, thereby
putting American lives and our own national security interests at risk.
We are telling the world, when it comes to nuclear weapons: Do as we
say, not as we do. I object to that policy. It is hypocrisy.
There are alternatives. I have just been briefed by Northrop Grumman
on a program they are working on with Boeing to develop a conventional
bunker buster, the Massive Ordnance Penetrator, which is designed to go
deeper than any nuclear bunker buster and take out 25 percent of
underground and deeply buried targets. This 30,000-pound weapon, 20
feet in length, with 6,000 pounds of high explosives, will be delivered
from a B-2 or a B-52 bomber. It can burrow 60 meters into the ground
through 5,000 psi of reinforced concrete. It will burrow 8 meters into
the ground through 10,000 psi reinforced concrete.
We have already spent $6 million on this program, and design and
ground testing are scheduled to be completed next year.
We should focus on conventional programs. The House has said this.
The Senate should concur.
We have a solemn obligation to spend our resources in the most
effective manner and to make this country safer and more secure. That
is why I am so concerned about this administration's decision to come
back to Congress and request additional funds for new nuclear weapons.
I would like to give my kudos and congratulations to the House of
Representatives. They truly have their heads on straight. I am
delighted that they have eliminated the authorization and the funding
for this entire program in the 2006 appropriation. I urge us to do the
same on just one part of this, which is the nuclear bunker buster, $4
million.
I yield 15 minutes to the distinguished Senator from Massachusetts,
Senator Kennedy.
Mr. KENNEDY. I thank the Senator. I think I had consent for a half-
hour. I do not expect to use it all.
Mrs. FEINSTEIN. The Senator is right. I change that to a half-hour.
Mr. KENNEDY. First, I commend my friend and colleague, Senator
Feinstein, for her attention to this issue. She has long been an
advocate for sensible and responsible nuclear arms policy. Again, this
evening, she is leading the way in the Senate. All of us are grateful
for her leadership. I welcome the opportunity to join with her in
offering this amendment.
It is intended to reverse a reckless proposal by the Bush
administration to develop a new generation of nuclear weapons.
We do not ``provide for the common defense,'' as called for in our
Constitution, by launching a new nuclear arms race and making the world
more dangerous, but that is precisely what the administration plans to
do.
President Bush and Secretary Rumsfeld want to develop a new tactical
nuclear weapon called the robust nuclear earth penetrator, and their
hope is that these bunker busters can crash deep into the Earth and
destroy bunkers and weapons caches. They hold the dangerous and
misguided belief that our Nation's interests and values are served by
developing what they consider a more easily usable nuclear bomb.
[[Page S7783]]
I think most Americans believe that is wrong. Our challenge in
addressing nuclear nonproliferation issues is not that there are too
few nuclear weapons in the world but that there are too many; not that
they are too difficult to use but that they are too easy to use.
North Korea has them and is rattling its nuclear saber every day.
Iran is moving forward on the development of nuclear capability. We all
hope and pray that al-Qaida and other terrorist groups never ever get
their hands on a nuclear weapon.
So why on Earth, in this dangerous nuclear world, with the specter of
a nuclear cloud at the hands of terrorists and rogue states, should the
United States be adding more nuclear weapons to the global arsenal?
What moral authority do we have to ask others to give up their nukes if
we are determined to develop a new generation of nuclear weapons of our
own?
For the past 2 years, Congress has raised major doubts about the
program and significantly cut back on its funding. But the
administration still presses forward for more work on these robust
nuclear earth penetrators. Last year, the administration requested $15
million for it and Congress reluctantly provided half that amount. For
2005, they requested another $27 million and submitted a 5-year request
for nearly $500 million. But cooler heads prevailed, and the House
Appropriations Committee rejected the request. As the committee report
stated,
The Committee continues to oppose the diversion of
resources and intellectual capital away from the most serious
issues that confront the management of the nation's nuclear
deterrent . . . The Committee remains unconvinced by the
Department's superficial assurance that the RNEP activity is
only a study . . . The Committee notes that the management
direction for the fiscal year 2004 sent to the directors of
the weapons design laboratories left little doubt that the
objective of the program was to advance the most extreme new
nuclear weapon goals irrespective of any reservations
expressed by Congress.
This year, nothing has changed. The FY06 budget request from the
President includes $4 million for the Department of Energy to study the
bunker buster and $4.5 million to the Department of Defense for the
same purpose. Thankfully our colleagues in the House were wiser and
decided to eliminate its funding.
The administration obviously is still committed to this reckless
approach. Secretary Rumsfeld made his position clear in January, when
he wrote to Secretary Abraham:
I think we should request funds in FY06 and FY07 to
complete the RNEP study . . . You can count on my support for
your efforts to revitalize the nuclear weapons infrastructure
and to complete the RNEP study.
The fiscal year 2006 budget requests funds only to complete the
feasibility study for these new nuclear weapons. But we already know
what the next step is. In the budget they sent us last year, the
administration stated in plain language that they intend to develop it.
Ambassador Linton Brooks, the head of the National Nuclear Security
Administration, claims those future budget projections are merely
placeholders, ``in the event the President decides to proceed with
development and Congress approves.'' But their fiscal year 2005 budget
clearly shows the administration's unmistakable intention to develop,
and ultimately produce, this weapon.
The Bush administration would like us to believe that this is a
clean, surgical nuclear weapon. They say it will burrow into
underground targets and destroy them with no adverse consequences for
the environment. They can believe all they want, but the science says
their claims are false.
The National Academy of Sciences confirms exactly what most of us
thought--that these nuclear weapons, like other nuclear bombs, result
in catastrophic nuclear fallout. The fallout can poison tens of
millions of people and create radioactive lands for years and years to
come.
The study goes on to say, ``Current experience and empirical
predictions indicate that earth-penetrator weapons cannot penetrate to
depths required for total containment of the effects of a nuclear
explosion. . . .
To be fully contained, a 300 kiloton weapon would have to be
detonated at the bottom of a carefully stemmed emplacement hole about
800 meters deep. Because the practical penetration depth for an earth
penetrating weapon is a few meters--a small fraction of the depth for
the full containment--there will be blast, thermal, initial nuclear
radiation, and fallout effects from use of an EPW.
This chart simulates the likely nuclear fallout from a one megaton
bunker-buster detonated at a hypothetical underground target 20
kilometers east of an Iranian air force base in Dezful. This model uses
the same simulation program as the Pentagon's Defense Threat Reduction
Agency. During summer months, the nuclear fallout is predicted to
travel 150 to 200 miles, across Iraq and Saudi Arabia. The radiation
could kill up to 650,000 people.
Even the person in charge of the program, Linton Brooks, conceded at
a House Armed Services Committee Hearing on March 2 that the robust
nuclear earth penetrator could not be used without significant nuclear
fallout. He stated:
I really must apologize for my lack of precision if we in
the Administration have suggested that it was possible to
have a bomb that penetrated far enough to trap all fallout. I
don't believe that--I don't believe the laws of physics will
ever let that be true.
This chart depicts a 400 kiloton bunkerbuster hitting underground
facilities at North Korea's Air Base at Nuchon-ni. Fallout from this
explosion would blow southeast across the DMZ towards Seoul. This
attack could kill over 4 million people.
Even if the United States were willing to accept the catastrophic
damage a nuclear explosion would cause, the bunkerbuster would still
not be able to destroy all of the buried bunkers the intelligence
community has identified.
So we would have a new bomb that can kill and poison tens of millions
of civilians, spread fallout for more than a thousand miles, make their
lands radioactive, but still not destroy its target.
The huge, one megaton weapon that the administration is contemplating
cannot reach deeper than 400 meters. All an adversary would have to do
is bury its bunker below that depth.
Bunkerbusters also require pinpoint accuracy to hit deeply-buried,
hardened bunkers. This requires precise intelligence on the location of
the target. As the National Academy Study emphasized, an attack by a
nuclear weapon would be effective in destroying weapon or weapons
materials, including nuclear materials and chemical or biological
agents, only if it's detonated in the actual chamber where the weapons
or materials are located. Even more disturbing, if the bomb is even
slightly off target, the detonation may cause the spread of such deadly
chemicals and germs, in addition to the radioactive fallout.
As we know from the Iraq experience, our intelligence isn't always
accurate. In fact, the Bush administration told us there were weapons
of mass destruction and there and we had to send in troops to take them
out. If we had robust nuclear earth penetrators at the time, what if
this White House had used them against suspected chemical or biological
bunkers--which turned out not to exist? Charles Duelfer, the head of
the Iraqi Survey Group, shows us how dangerous this approach could have
been when he told the Senate Armed Services Committee last October
that, we were almost all wrong on Iraq. Despite the administration's
claims, Mr. Duelfer's Comprehensive Report on Iraq's WMD stated,
``There are no credible indications that Baghdad resumed production of
chemical weapons.
The intelligence community still faces many challenges in getting its
intelligence right. In their report in March for the President's
Commission on the Intelligence Capabilities of the United States
Regarding Weapons of Mass Destruction, Laurence Silberman and Chuck
Robb found that The flaws we found in the Intelligence Community's Iraq
performance are still all too common. In some cases, it knows less now
than it did five or ten years ago.
How can we contemplate using a weapon of this destructive power, if
our intelligence can't guarantee where an underground target really is?
Finally, if it were clear that this weapon is needed to protect our
troops, then I believe many more in Congress would support it. But
that's not the case. At the House Armed Services
[[Page S7784]]
Committee hearing in March, program chief Linton Brooks once again was
asked if there was a military requirement for the bunker buster. He
stated categorically, No, there is not.
Robert Peurifoy, the retired Vice President of Sandia National
Laboratory, one of our premier nuclear weapons labs, had this to say:
If you can find somebody in a uniform in the Defense Department who can
talk about the need for nuclear bunker busters without laughing, I'll
buy him a cup of coffee. It's outlandish. It's stupid. It is an effort
to maintain a payroll at the weapons labs.
The administration's effort to build a new class of nuclear weapon is
only further evidence of their reckless nuclear policy. This action
contradicts the spirit of our obligations under the nonproliferation
treaty to disarm our stockpiles.
It demonstrates the administration's contempt for the nuclear
nonproliferation treaty, the foundation of all current global nuclear
arms control. The nonproliferation treaty, signed in 1968, has long
stood for the fundamental principle that the world will be safer if
nuclear proliferation does not extend the five nations that nations lan
possessed nuclear weapons at the does not extend beyond the five
nations that possessed nuclear weapons at that time--the United States,
Great Britain, the Soviet Union, China, and France. It reflected the
worldwide consensus that the greater the number of nations with nuclear
weapons, the greater the risk of nuclear war.
The Bush administration's policy jeopardizes the entire structure of
nuclear arms control so carefully negotiated by world leaders over the
past half century, starting with the Eisenhower administration. This is
just another example of the administration's Do as I say, not as I do
policy.
How can we ask Iran and North Korea to halt their nuclear research,
when we fail to halt our own? By proceeding with the Robust Nuclear
Earth penetrator, we are headed in the wrong direction. Our efforts
will only encourage other nations to follow our example and produce
nuclear weapons of their own.
We have studied this issue long enough. It is ridiculous for the
administration to try to keep this program going, and it could be
suicidal for the Nation and for our troops. If we need this kind of
weapons system, we ought to follow the conventional weapons research
that is being undertaken and not support this proposal. I hope the
Senate will reject it.
Mr. President, I yield the time back to the Senator from California.
The PRESIDING OFFICER. The Senator from California.
Mrs. FEINSTEIN. Mr. President, I thank the distinguished Senator from
Massachusetts. I thought the remarks were excellent. I think they were
really right on. The tragedy of this is that people do not listen. I
hope, Senator Kennedy, your words were heard.
Mr. President, I yield 15 minutes to the Senator from Michigan, Mr.
Levin.
The PRESIDING OFFICER. The Senator from Michigan.
Mr. LEVIN. Mr. President, I thank the Senators from California and
Massachusetts and others who have come to the floor at this late hour
to argue and debate an issue which is so critical to the security of
this Nation.
We will be a lot less secure if we go down this nuclear road. We know
other countries are going down the nuclear road. We know we are even
threatening those countries--such as Iran and North Korea--that we will
not let them go down that road. We are even holding out the prospect
that they would be the subject of military attacks if they go down the
nuclear road.
But at the same time we are doing this, that we are telling the
world, we are telling Iran, we are telling North Korea, ``Do not walk
down that nuclear road,'' the administration is proposing to take
another step down our nuclear road. It is a decision which, if upheld
by this body, will make us less secure. It will make it more likely
that North Korea and Iran will say to us, and say to the world: The
United States threatens us if we go to nuclear weapons, but they
themselves are relying more and more and more on nuclear weapons.
The administration has asked for $4 million to restart the
feasibility study for the robust nuclear earth penetrator. I emphasize
``restart'' because we ended this mistake in fiscal year 2004. We
should not restart this. We did not need it in 2005. We do not need it
in 2006.
The $4 million that the Department of Energy seeks for fiscal year
2006 will not finish the study. An additional $14 million will still be
needed in fiscal year 2007, just to finish the RNEP study.
What is it that the Department of Energy wants to study? What is the
weapon they want to study? What is the RNEP appropriation for? It is to
look at modification of a nuclear bomb called the B83. That is what is
being looked at as a possible earth-penetrating weapon, the RNEP. The
B83 is a large nuclear bomb. It is huge. It has a maximum yield on the
order of 1 megaton. And 1 megaton is the equivalent of 71 Hiroshima
bombs.
So the weapon they are looking at, or want to look at, to modify for
this function, is a bomb that has the power, the yield, as they call
it, of 71 Hiroshima bombs. The goal of that feasibility study is to
increase the penetrating capability of the B83. The yield, the power,
of the B83, would stay the same. That is not being reduced. So the idea
is to see whether or not that B83--that bomb with the power of 71
Hiroshimas--can be made to penetrate the earth.
According to the report of the National Academy of Sciences, it will
not be possible, no matter how good the design. The deepest that an
RNEP could ever penetrate is about 12 feet. And when an RNEP detonates
at 12 feet, 12 feet in the earth, it will generate, according to the
National Academy of Sciences, more fallout than if it were exploded in
the air. So if we go down this road, we will be looking at a weapon
which cannot penetrate deeper than 12 feet in the earth and will have
greater fallout than if it were exploded in the air, according to the
National Academy of Sciences.
We talk about collateral damage as though it is some kind of a cold
term. This is damage which is so massive. We think of a weapon 71 times
the size of Hiroshima, with more fallout than if it were exploded in
the air, which--no matter what its design; even if this study is
successful--cannot penetrate more than about 12 feet in the ground, and
we are telling the rest of the world, ``Do not go down that nuclear
road,'' when we ourselves are thinking--thinking--about designing a
weapon which has that kind of a power and that kind of a fallout.
It is not the hundreds of millions of dollars which this would cost
to implement, assuming this study is completed, it is the absurdity, it
is the utter nonsense, it is the danger to U.S. security that would be
created if we take this step down the road, telling the world: Do not
do what we urge you to do because we are not doing it ourselves. That
is the message. We can tell the world, Do not do it, do not go nuclear,
but what they are going to say to us is: Hey, you are going nuclear
further than you already are. You are modifying weapons to try to make
them ``usable'' against deeply buried targets. And you are telling us
and the rest of the world we should not go nuclear when you are looking
for more and more uses for nuclear weapons?
We asked the National Academy of Sciences to look at this program. We
asked them how much yield would an RNEP have to have to hold a deeply
buried target at risk, and what would the effects be of using an RNEP?
So the Academy reviewed the universe of hard and deeply buried targets
and found you would have to have a huge yield to have any effect on
deeply buried targets. What the Academy concluded was that yields in
the range of several hundreds of kilotons to a megaton are needed to
effectively hold hard and deeply buried targets at risk.
This report was issued this year, in April of 2005. What it said is
that to be effective against a target 1,000 feet deep, an RNEP would
have to have a yield of 1 megaton.
There are 10,000 hard and deeply buried targets in the world, about
10,000. According to the National Academy of Sciences, 2,000,--2,000--
of those targets would have some strategic significance. But the
Academy finds that on the order of only about 100 deeply buried targets
would be potential targets for RNEP. And many others--many others--
would be too deep to even reach with a 1-megaton yield such as RNEP
has.
[[Page S7785]]
So what this study would have us do is spend more millions, take us
down a road which endangers us because of the message it sends to
countries that are contemplating nuclear weapons. It endangers our
security to study a weapon that cannot succeed in achieving its goal of
hitting many deeply buried targets. And it would have an extensive
fallout because of its huge size, 71 times the size of Hiroshima.
Mr. WARNER. Mr. President, will the Senator yield for a question?
Mr. LEVIN. I would be happy to yield.
Mr. WARNER. My distinguished colleague on the Armed Services
Committee is fully aware that we have worked on this matter for several
years. There is an existing law that we passed on our bill. But the
simple, basic, elementary thing here is we are talking about a study.
And our distinguished colleagues from California, Massachusetts, and
yourself make allegations of a lot of facts. What is the harm in
getting the study? The study may confirm the very facts, and then the
Senate is well informed. And the Congress must pass on any dollars
before this thing proceeds to a full test situation.
The PRESIDING OFFICER. The Senators are advised to ask their
questions through the Chair.
Mr. WARNER. Mr. President, I am sorry, I did not hear the ruling of
the Chair.
The PRESIDING OFFICER. The Senators are advised to address their
questions through the Chair, not directly from Senator to Senator.
Mr. WARNER. The Presiding Officer is most correct. I extend my
apologies to the Presiding Officer of the Senate.
Mr. President, I asked if the Senator would yield for a question. I
thought I said that.
Mr. LEVIN. I am happy to yield for a question.
Mr. WARNER. Why not have the study so the Senate and the Congress can
all be well informed? And it will either verify or there will be a
denial of the assertions made by our three colleagues who are in
opposition, and possibly a fourth.
It is interesting. We modified one of the weapons during the Clinton
administration, and it was approved by that administration. But it was
later determined that that weapon could not effectively deal with a
hardened silo. I ask my good friend the question.
Mr. LEVIN. I thank my friend from Virginia for the question. First of
all, it is not three Senators who are making these assertions. It is
the National Academy of Sciences which has made these assertions we are
quoting. That is No. 1. No. 2, the message which is being sent by going
down this road endangers the security of the United States. We are
telling other countries--North Korea, Iran--do not go nuclear. That is
our message. It is a very clear message. The President is even
threatening military action. He is saying he is going to have to put
that option on the table if they go nuclear. Then at the same time the
administration wants to restart a program, the program in this case
being a study of a deeply penetrating nuclear weapon that has 70 times
the power of Hiroshima in order to get to deeply buried targets. There
are 10,000 of those targets, according to the National Academy of
Sciences, and perhaps 100 of them would be held at risk by this weapon.
So the idea that we are taking another step--you call it a study, but
it is a step down the road, because the purpose of the study is to at
least consider doing something. What we are saying, what the National
Academy of Sciences has said, is this cannot accomplish its purpose. It
will have a huge fallout. And what we are saying is the possibility
that you could ever consider doing this is so far outweighed by the
danger to us, by the message which is being sent to the world, that we
are walking down a road we are telling others do not walk. That is the
danger.
Mr. WARNER. In reply to my colleague, I refer to a letter from the
Secretary of State a year ago: Dear Mr. Chairman--addressed to me--I am
writing to express support for the President's 2004 budget request to
fund the feasibility and cost study for the robust nuclear earth
penetrator and to repeal the legislation that prohibits the United
States from conducting research and development on low-yield nuclear
weapons. I do not believe that these legislative steps will complicate
our ongoing efforts with North Korea. And he goes on to explain the
North Koreans will not be in any way deterred by this action of the
United States to have a study.
Mr. LEVIN. I would expect the administration would say something like
that. But common sense tells us otherwise. Common sense tells you that
if you are sitting down with people, in this case the Europeans,
telling them we have to try to persuade Iran, don't go down that road,
with the Japanese and the Russians and the Chinese sitting down with
the North Koreans, do not go down that road, each of us has some
experience as human beings. It seems to me it is absolute common sense
that we will be confronted by those countries saying: You are lecturing
us, threatening us, when you yourself are now looking at the
possibility of redesigning a weapon 70 times the size of Hiroshima so
that you can more deeply penetrate into the ground. It undermines our
position. It weakens our position. It seems to me that means it weakens
our security.
Mr. WARNER. Mr. President, I could only say to my distinguished
colleague, the Secretary of Defense Colin Powell, a man who has been
held in high esteem by this body, disagrees respectfully with my good
colleague from Michigan. But the effect of denying a study on this is
simply saying to the world, where there are countries proceeding with
nuclear programs, you can go deep. There is no deterrence on the
horizon. It is off limits, and you can do as you wish and go deep, and
you can then conceal your programs from the eyes of the world and there
is no deterrence for them to go deep.
Mr. LEVIN. Mr. President, how much time do I have remaining?
The PRESIDING OFFICER. Thirty seconds.
Mr. LEVIN. I reserve the balance of my time.
The PRESIDING OFFICER. The Senator from California.
Mr. DOMENICI. Will the Senator yield?
Mrs. FEINSTEIN. Yes.
The PRESIDING OFFICER. The Senator from New Mexico.
Amendments Nos. 1088 through 1096, En Bloc
Mr. DOMENICI. Mr. President, I ask unanimous consent that the pending
amendment be set aside so that I may offer a managers' amendment which
has been cleared on both sides.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DOMENICI. I send to the desk a series of amendments, all of which
have been approved on both sides, some of which are technical, some are
otherwise, but there are no objections.
The PRESIDING OFFICER. Is there objection to consideration of the
amendments en bloc?
Without objection, it is so ordered.
Without objection, the amendments are agreed to en bloc.
The amendments (Nos. 1088 through 1096) were agreed to, as follows:
amendment no. 1088
(Purpose: To maintain funding for the Department of Energy Clean Cities
Program at its current level)
At Page 80, after the provision for Clean Coal Technology,
insert the following:
clean cities program
Funding for the Clean Cities program may be provided at no
less than the current year level. Within the Clean Cities
program, funding for work to expand E-85 fueling capacity may
also be maintained at no less than the current year level.
amendment no. 1089
(Purpose: To provide funds for sea lamprey barrier construction in the
Great Lakes)
On page 66, between lines 18 and 19, insert the following:
Sec. 1__. Of funds made available to carry out section 1135
of the Water Resources Development Act of 1986 (33 U.S.C.
2309a), the Chief of Engineers may use $1,500,000 for sea
lamprey barrier construction in the Great Lakes.
amendment no. 1090
(Purpose: Provide funds for Saco River project)
At the appropriate place, insert the following:
Sec. __. $150,000 may be provided for Saco River and Camp
Ellis Beach, Maine, continuing authorities project.
amendment no. 1091
(Purpose: Provide dredging funds for the Narraguagus River)
At the appropriate place, insert the following:
Sec. __. $2,000,000 may be provided for maintenance
dredging of the Narragaugus River, Milbridge, ME.
[[Page S7786]]
amendment no. 1092
(Purpose: Provide funding for a reconnaissance study)
At the appropriate place, insert the following:
Sec. __. $100,000 may be provided for the Penobscot River
Restoration Study, ME.
AMENDMENT NO. 1093
(Purpose: To set aside funds to initiate preconstruction engineering
and design activities for modifications to Laupahoehoe Harbor, Hawaii)
On page 68, line 22, before the period, insert the
following: ``: Provided further, That, of the funds
appropriated under this heading, the Secretary of the Army,
acting through the Chief of Engineers, shall use not less
than $200,000 to initiate, preconstruction engineering and
design activities for modifications to Laupahoehoe Harbor,
Hawaii''.
amendment no. 1094
(Purpose: to provide funding for Advanced Scientific Computing
Research)
On page 86, line 17; insert after ``expended'' the
following:
: Provided, That $250,055,000 is appropriated for the
Advanced Scientific Computing Research: Provided further,
That $43,000,000 may be provided to the Center for
Computational Sciences at Oak Ridge National Laboratory:
Provided further, That $500,000 may be provided to the
Medical University of South Carolina: Provided further, That
$500,000 may be provided to the Community College of Southern
Nevada Transportation Academy: Provided further, That
$3,000,000 may be provided to South Dakota State University.
amendment no. 1095
(Purpose: Making technical corrections for NNSA security)
In the Bill, strike everything after ``buses;'' on page 90,
line 14, and replace with: $6,574,024,000 to remain available
until expended: Provided, That the $65,564,000 is authorized
to be appropriated for Project 01-D-108, Microsystems and
Engineering Science Applications (MESA), Sandia National
Laboratories, Albuquerque, New Mexico: Provided further, that
$65,000,000 is authorized to be appropriated for Project 04-
D-125, Chemistry and Metallurgy Research Building Replacement
project, Los Alamos Laboratory, Los Alamos, New Mexico.
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, $1,729,066,000 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, $343,869,000, 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, $6,366,771,000, 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; $645,001,000, to remain available until expended.
On page 55, line 3, strike all after the colon to the end
of the section and insert the following:
``in accordance with the Baltimore Metropolitan Water
Resources Gwynns Falls Watershed Study--Draft Feasibility
Report and Integrated Environmental Assessment prepared by
the Corps of Engineers and the city of Baltimore, Maryland,
dated April 2004.''.
On page 84 of the bill, line 18, strike ``$36,000,000'' and
insert in lieu thereof ``$46,000,000''.
On page 105, line 3, insert the following:
Sec. __. That the Committee directs the Government
Accountability Office to undertake a study of the Office of
Science Fusion Energy program in order to define the roles of
the major domestic facilities, DIIID, Alcator C-Mod, and NSTX
in the support of the International Thermoelectric Reactor
program, including making recommendations that may include
the possible shutdown or consolidation of operations or focus
of these facilities to maximize their value to the
International Thermoelectric Reactor program: Provided, That
given the major international commitment to International
Thermoelectric Reactor and the tokamak concept, the GAO shall
consider any other magnetic fusion confinement system as a
possible fusion demonstration facility that will follow
International Thermoelectric Reactor and given the major
National Nuclear Security Administration investment in the
physics of Inertial Confinement Fusion, the GAO shall
evaluate the opportunities for the Office of Science to
develop the appropriate science and technology to leverage
the National Nuclear Security Administration investment as an
alternative to the tokamak concept.
AMENDMENT NO. 1096
(Purpose: To limit the use of funds for fully-funded contracts)
On page 109, between lines 2 and 3, insert the following:
Sec. 5___. None of the funds made available by this or a
prior Act shall be used to award a fully-funded continuing
contract, in a case in which continuing contract authority is
applicable, unless the Chief of Engineers certifies that--
(1) the contract can be awarded and completed in the same
fiscal year;
(2) the contract can be completed shortly after the end of
the fiscal year in which the contract was awarded, but only
if the amount necessary to fully fund the contract is
identified as surplus, or excess, to the program needs of
that fiscal year; or
(3) future funding for the project is uncertain.
Mr. DOMENICI. Mr. President, I move to reconsider the vote.
Mr. REID. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
____________________