[Congressional Record (Bound Edition), Volume 151 (2005), Part 18]
[House]
[Pages 25136-25256]
[From the U.S. Government Publishing Office, www.gpo.gov]




     CONFERENCE REPORT ON H.R. 2419, ENERGY AND WATER DEVELOPMENT 
                        APPROPRIATIONS ACT, 2006

  Mr. HOBSON submitted the following conference report and statement on 
the bill (H.R. 2419) making appropriations for energy and water 
development for the fiscal year ending September 30, 2006, and for 
other purposes:

                  Conference Report (H. Rept. 109-275)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     2419) ``making appropriations for energy and water 
     development for the fiscal year ending September 30, 2006, 
     and for other purposes'', having met, after full and free 
     conference, have agreed to recommend and do recommend to 
     their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:

     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 control, shore protection and storm damage reduction, 
     aquatic ecosystem restoration, and related purposes.


                             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, 
     $164,000,000, to remain available until expended: Provided, 
     That, notwithstanding any other provision of law, within the 
     funds provided under this heading, $1,000,000 shall be 
     available for planning assistance to the state of Ohio for 
     Stark County watershed basin study:
       Provided further, That using $8,000,000 of the funds 
     provided herein, the Secretary of the Army, acting through 
     the Chief of Engineers, is directed to conduct a 
     comprehensive hurricane protection study at full federal 
     expense to develop and present a full range of flood, coastal 
     and hurricane protection measures exclusive of normal policy 
     considerations for south Louisiana and the Secretary shall 
     submit a feasibility report for short-term protection within 
     6 months of enactment of this Act, interim protection within 
     12 months of enactment of this Act and long-term 
     comprehensive protection within 24 months of enactment of 
     this Act: Provided further, That the Secretary shall consider 
     providing protection for a storm surge equivalent to a 
     Category 5 hurricane within the project area and may submit 
     reports on component areas of the larger protection program 
     for authorization as soon as practicable: Provided further, 
     That the analysis shall be conducted in close coordination 
     with the State of Louisiana and its appropriate agencies.


                              Construction

       For expenses necessary for the construction of river and 
     harbor, flood control, shore protection and storm damage 
     reduction, aquatic ecosystem

[[Page 25137]]

     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); 
     $2,372,000,000, 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 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; and of which $12,000,000 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 
     $7,000,000 shall be exclusively for projects and activities 
     authorized under section 103 of the River and Harbor Act of 
     1962; and of which $40,000,000 shall be exclusively available 
     for projects and activities authorized under section 205 of 
     the Flood Control Act of 1948; and of which $15,000,000 shall 
     be exclusively for projects and activities authorized under 
     section 14 of the Flood Control Act of 1946; and of which 
     $300,000 shall be exclusively for projects and activities 
     authorized under section 208 of the Flood Control Act of 
     1954; and of which $30,000,000 shall be exclusively for 
     projects and activities authorized under section 1135 of the 
     Water Resources Development Act of 1986; and of which 
     $30,000,000 shall be exclusively for projects and activities 
     authorized under section 206 of the Water Resources 
     Development Act of 1996; and of which $5,000,000 shall be 
     exclusively for projects and activities authorized under 
     sections 204 and 207 of the Water Resources Development Act 
     of 1992 and section 933 of the Water Resources Development 
     Act of 1986: Provided, That the Chief of Engineers is 
     directed to use $11,250,000 of the funds appropriated herein 
     for the Dallas 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 $1,500,000 of the funds provided herein for the Hawaii 
     Water Management Project: Provided further, That the Chief of 
     Engineers is directed to use $13,000,000 of the funds 
     appropriated herein for 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 
     for seepage control features and repairs to the tainter gates 
     at Waterbury Dam, Vermont: Provided further, That $600,000 of 
     the funds provided herein for the Dam Safety and Seepage/
     Stability Correction Program shall be available for Dover 
     Dam, Ohio: Provided further, That the Chief of Engineers is 
     directed to use $9,500,000 of the funds appropriated herein 
     for 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 $5,600,000 of the 
     funds appropriated herein for 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 use $5,600,000 of the 
     funds appropriated herein for 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 Secretary of the Army, 
     acting through the Chief of Engineers, is directed to use 
     $16,000,000 of the funds appropriated herein for the Clover 
     Fork, City of Cumberland, Town of Martin, Pike County 
     (including Levisa Fork and Tug Fork Tributaries), Bell 
     County, Harlan County in accordance with the Draft Detailed 
     Project Report dated January 2002, Floyd County, Martin 
     County, Johnson County, and Knox County, Kentucky, detailed 
     project report, elements of the Levisa and Tug Forks of the 
     Big Sandy River and Upper Cumberland River: 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 $15,000,000 available for the American River 
     Watershed (Folsom Dam Mini-Raise), California, project, 
     $10,000,000 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: Provided 
     further, That $35,000,000 shall be available for projects and 
     activities authorized under 16 U.S.C. 410-r-8: Provided 
     further, That the Secretary is directed to use $2,000,000 of 
     the funds appropriated herein to provide a grant to the City 
     of Caliente, Nevada, for the City to expend for the purpose 
     of purchasing construction equipment to be used by the City 
     in constructing local flood control measures.


 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, $400,000,000, 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 the Chief 
     of Engineers is directed to use $20,000,000 of the funds 
     provided herein for design and real estate activities and 
     pump supply elements for the Yazoo Basin, Yazoo Backwater 
     Pumping Plant, Mississippi: Provided further, That the 
     Secretary of the Army, acting through the Chief of Engineers 
     is directed to use $9,000,000 appropriated herein for 
     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

       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 (the ``Corps''), 
     including administrative buildings and facilities, 
     laboratories, and the Washington Aqueduct; for the 
     maintenance of harbor channels provided by a State, 
     municipality, or other public agency that serve essential 
     navigation needs of general commerce, where authorized by 
     law; and for surveys and charting of northern and 
     northwestern lakes and connecting waters, clearing and 
     straightening channels, and removal of obstructions to 
     navigation, $1,989,000,000, 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 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.


                           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.


                             Revolving Fund

       None of the funds in title I of this Act or otherwise 
     available to the Corps of Engineers shall be available for 
     the rehabilitation and lead and asbestos abatement of the 
     dredge McFarland.


            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.

[[Page 25138]]




                            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, 
     $154,000,000, 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: Provided further, That the Secretary is 
     directed to use $4,500,000 of the funds appropriated herein 
     to conduct, at full federal expense and in close cooperation 
     with state and local governments, comprehensive analyses that 
     examine multi-jurisdictional use and management of water 
     resources on a watershed or regional scale.


        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, or provided by previous appropriations Acts to the 
     agencies or entities funded in title I of this Act that 
     remain available for obligation or expenditure in fiscal year 
     2006, 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 have been denied or restricted by 
     this Act;
       (4) proposes to use funds directed for a specific activity 
     by either the House or the Senate Committees on 
     Appropriations for a different purpose;
       (5) augments existing programs, projects or activities in 
     excess of $2,000,000 or 50 percent, whichever is less, unless 
     prior approval is received from the House and Senate 
     Committees on Appropriations;
       (6) reduces existing programs, projects or activities in 
     excess of $2,000,000 or 50 percent, whichever is less, unless 
     prior approval is received from the House and Senate 
     Committees on Appropriations; or
       (7) creates, reorganizes, or restructures a branch, 
     division, office, bureau, board, commission, agency, 
     administration, or department different from the budget 
     justifications submitted to the Committees on Appropriations 
     or the table accompanying the Statement of Managers 
     accompanying this Act, whichever is more detailed, unless 
     prior approval is received from the House and Senate 
     Committees on Appropriations.
       (b) Subsection (a)(1) shall not apply to any project or 
     activity authorized under section 205 of the Flood Control 
     Act of 1948; section 14 of the Flood Control Act of 1946; 
     section 208 of the Flood Control Act of 1954; section 107 of 
     the River and Harbor Act of 1960; section 103 of the River 
     and Harbor Act of 1962; section 111 of the River and Harbor 
     Act of 1968; section 1135 of the Water Resources Development 
     Act of 1986; section 206 of the Water Resources Development 
     Act of 1996; sections 204 and 207 of the Water Resources 
     Development Act of 1992 or section 933 of the Water Resources 
     Development Act of 1986.
       (c) Not later than 60 days after the date of enactment of 
     this Act, the Corps of Engineers shall submit a report to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives to establish the baseline for application of 
     reprogramming and transfer authorities for the current fiscal 
     year: Provided, That the report shall include:
       (1) a table for each appropriation with a separate column 
     to display the President's budget request, adjustments made 
     by Congress, adjustments due to enacted rescissions, if 
     appropriate, and the fiscal year enacted level;
       (2) a delineation in the table for each appropriation both 
     by object class and program, project and activity as detailed 
     in the budget appendix for the respective appropriations; and
       (3) an identification of items of special congressional 
     interest: Provided further, That the amount appropriated for 
     salaries and expenses of the Corps of Engineers shall be 
     reduced by $100,000 per day for each day after the required 
     date that the report has not been submitted to the Congress.
       (d) None of the funds received as a non-federal share for 
     project costs by any agency funded in title I of this Act 
     shall be available for reprogramming.
       Sec. 102. Beginning in fiscal year 2006 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 River 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. 103. In order to protect and preserve the integrity of 
     the water supply against further degradation, none of the 
     funds made available under this Act and any other Act 
     hereafter may be used by the Army Corps of Engineers to 
     support activities related to any proposed new landfill in 
     the Muskingum Watershed if such landfill--
       (1) has not received a permit to construct from the State 
     agency with responsibility for solid waste management in the 
     watershed;
       (2) has not received waste for disposal during 2005; and
       (3) is not contiguous or adjacent to a portion of a 
     landfill that has received waste for disposal in 2005 and 
     each landfill is owned by the same person or entity.
       Sec. 104. 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. 105. 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. 106. Notwithstanding any other provision of law, the 
     requirements regarding the use of continuing contracts under 
     the authority of section 206 of the Water Resources 
     Development Act of 1999 (33 U.S.C. 2331) shall apply only to 
     projects funded under the Operation and Maintenance account 
     and the Operation and Maintenance subaccount of the Flood 
     Control, Mississippi River and Tributaries account.
       Sec. 107. 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. 108. 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 
     commits an amount for a project in excess of the amount 
     appropriated for such project pursuant to this Act: Provided, 
     That the amounts appropriated in this Act may be modified 
     pursuant to the authorities provided in section 101 of this 
     Act or through the application of unobligated balances for 
     such project.
       Sec. 109. 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. 110. Section 123 of Public Law 108-137 (117 Stat. 
     1837) is amended by striking ``in accordance with the 
     Baltimore Metropolitan Water Resources-Gwynns Fall 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--Draft Feasibility Report and Integrated Environmental 
     Assessment prepared by the Corps of Engineers and the City of 
     Baltimore, Maryland, dated April 2004. The non-Federal 
     sponsor shall receive credit toward its share of project 
     costs for work carried out by the non-Federal sponsor prior 
     to execution of a project cooperation agreement, if the 
     Secretary determines that the work is integral to the 
     project. The non-Federal sponsor may also receive credit for 
     any work performed by the non-Federal sponsor pursuant to a 
     project cooperation agreement. The non-Federal sponsor shall 
     be reimbursed for any work performed by the non-Federal 
     sponsor that is in excess of the non-Federal share of project 
     costs.''.
       Sec. 111. 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.
       Sec. 112. Marmet Lock, Kanawha River, West Virginia. 
     Section 101(a)(31) of the Water Resources Development Act of 
     1996 (110 Stat. 3666), is amended by striking 
     ``$229,581,000'' and inserting ``$358,000,000''.
       Sec. 113. Truckee Meadows Flood Control Project, Nevada.--
     The non-federal funds expended for purchase of lands, 
     easements and rights-of-way, implementation of project 
     monitoring and assessment, and construction and 
     implementation of recreation, ecosystem restoration, and 
     water quality improvement features, including the provision 
     of 6700 acre-feet of water rights no later than the effective 
     date of

[[Page 25139]]

     the Truckee River Operating Agreement for re-vegetation, 
     reestablishment and maintenance of riverine and riparian 
     habitat of the Lower Truckee River and Pyramid Lake, whether 
     expended prior to or after the signing of the Project 
     Cooperation Agreement (PCA), shall be fully credited to the 
     non-federal sponsor's share of costs for the project: 
     provided, That for the purposes of benefit-cost ratio 
     calculations in the General Reevaluation Report (GRR), the 
     Truckee Meadows Nevada Flood Control Project shall be defined 
     as a single unit and non-separable.
       Sec. 114. 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. 115. 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. 116. Yazoo Basin, Big Sunflower River, Mississippi.--
     The Yazoo Basin, Big Sunflower River, Mississippi, project 
     authorized by the Flood Control Act of 1944, 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 and reduction of sedimentation, erosion and 
     headcutting in watersheds of the Yazoo Basin: Yazoo Headwater 
     and Big Sunflower.
       Sec. 117. 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. 118. Section 593(h) of Public Law 106-541 is amended 
     by striking ``$25,000,000'' and inserting ``$50,000,000'' in 
     lieu thereof.
       Sec. 119. 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. 120. 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. 121. (a) The Secretary of the Army may carry out and 
     fund projects to comply with the 2003 Biological Opinion 
     described in section 205(b) of the Energy and Water 
     Development Appropriations Act, 2005 (Public Law 108-447; 118 
     Stat. 2949) as amended by subsection (b) and may award grants 
     and enter into contracts, cooperative agreements, or 
     interagency agreements with participants in the Endangered 
     Species Act Collaborative Program Workgroup referenced in 
     section 209(a) of the Energy and Water Development 
     Appropriations Act, 2004 (Public Law 108-137; 117 Stat. 1850) 
     in order to carry out such projects. Any project undertaken 
     under this subsection shall require a non-Federal cost share 
     of 25 percent, which may be provided through in-kind services 
     or direct cash contributions and which 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 calculated on a three year incremental 
     basis. Non-Federal cost share that exceeds that which is 
     required in any calculated three year increment shall be 
     credited to subsequent three year increments.
       (b) Section 205(b) of Public Law 108-447 (118 Stat. 2949) 
     is amended by adding ``and any amendments thereto'' after the 
     word ``2003''.
       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'';
       (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. (a) In General.--
       (1) After the date of enactment of this Act, the Secretary 
     of the Army shall carry out the project for wastewater 
     infrastructure, DeSoto County, Mississippi, authorized by 
     section 219(f)(30) of Public Law 102-580, as amended, in 
     accordance with the provisions of this subsection.
       (2) The non-Federal interest shall be primarily responsible 
     for carrying out work on the project referred to in paragraph 
     (1) that is not covered by the Project Cooperation Agreement 
     executed on May 13, 2002 or any amendments thereto, including 
     work associated with the design, construction, management, 
     and administration of the project. The non-Federal interest 
     may carry out work on the project subject to obtaining any 
     permits required pursuant to Federal and State laws and 
     subject to general supervision and administrative oversight 
     by the Secretary of the Army.
       (3) The Federal share of project costs incurred by the non-
     Federal interest in carrying out work on the project as 
     provided for in paragraph (2) shall equal 75 percent of the 
     total cost of the work and shall be in the form of grants or 
     reimbursements, except that the total amount of Federal funds 
     available for the project, including that portion of the 
     project carried out as provided for in paragraph (2), may not 
     exceed $55,000,000.
       (b) Technical Amendment.--Section 6006 of the Emergency 
     Supplemental Appropriations Act, 2005 (119 Stat. 282) is 
     amended by striking ``between May 13, 2002, and September 30, 
     2005'' and inserting ``after May 13, 2002'' in lieu thereof.
       Sec. 124. The project for flood control, Las Vegas Wash and 
     Tributaries (Flamingo and Tropicana Washes), Nevada, 
     authorized by section 101(13) of Public Law 102-580 and 
     modified by Public Law 108-7 (H.J. Res. 2) Consolidated 
     Appropriations Resolution, 2003, section 107 is further 
     modified to provide that the costs incurred for design and 
     construction of the project

[[Page 25140]]

     channel crossings in the reach of the channels from 
     Shelbourne Avenue proceeding north along the alignment of 
     Durango Drive and continuing east along the Southern Beltway 
     to Martin Avenue shall be added to the authorized cost of the 
     project and such costs shall be cost shared and shall not be 
     considered part of the non-Federal sponsor's responsibility 
     to provide lands, easements, and rights-of-way, and to 
     perform relocations for the project.
       Sec. 125. Restoration of the Lake Michigan Waterfront and 
     Related Areas, Lake and Porter Counties, Indiana.--The 
     Secretary of the Army, acting through the Chief of Engineers 
     is authorized and directed to carry out a continuing program 
     for the restoration of the Lake Michigan Waterfront and 
     Related Areas, Lake and Porter Counties, Indiana.
       (1) Definitions.--
       (A) Related areas are defined as adjacent or close sites 
     that have an impact or influence on the waterfront areas or 
     aquatic habitat.
       (B) Restore is defined as--
       (i) activities that improve a site's ecosystem function, 
     structure, and dynamic processes to a less degraded and more 
     natural condition, and/or
       (ii) the management of contaminants that allow the site to 
     be safely used for ecological and/or economic purposes.
       (2) Justification.--Projects can be justified by ecosystem 
     benefits, clean-up of contaminated sites, public health, 
     safety, economic benefits or any combination of these. Sites 
     restored for economic purposes can be redeveloped by others. 
     Restoration sites may include compatible recreation 
     facilities that do not diminish the restoration purpose and 
     do not increase the Federal cost share by more than 10 
     percent.
       (3) Cost sharing.--The construction of projects are cost 
     shared at 65 percent Federal and 35 percent non-Federal 
     except when there is a demonstration of innovative 
     technology. The cost share is then 85 percent Federal and 15 
     percent non-Federal.
       (4) Credit.--
       (A) The Secretary shall credit the non-Federal interest for 
     the value of any lands, easements, rights-of-way, 
     relocations, excavated and/or dredged material disposal areas 
     required for carrying out a project. When the cost of the 
     provision of all lands, easements, rights-of-way, 
     relocations, excavated and/or dredged material disposal areas 
     exceeds the non-Federal share, as identified in paragraph 
     (3), the non-Federal interest may waive any right under 
     Federal cost-sharing policy to receive cash reimbursement for 
     any such value in excess of the non-Federal share as 
     identified in paragraph (3).
       (B) The non-Federal interest may provide up to 100 percent 
     of the non-Federal share required under paragraph (3) in the 
     form of services, materials, supplies, or other in-kind 
     contributions including monies paid pursuant to, or the value 
     of any in-kind service performed under, an administrative 
     order on consent or jurisdictional consent decree but may not 
     include any monies paid pursuant to, or the value of any in-
     kind service performed under, a unilateral administrative 
     order or court order.
       (C) The total of non-Federal credit for services, 
     materials, supplies, or other in-kind contributions when 
     combined with lands, easements, rights-of-way, relocations, 
     excavated and/or dredged material disposal areas shall not 
     exceed the non-Federal share identified in paragraph (3).
       (5) Operation, maintenance, repair, replacement and 
     rehabilitation.--Operation, maintenance, repair, replacement 
     and rehabilitation is 100 percent non-Federal cost.
       (6) Hold harmless.--Non-Federal interests hold and save 
     harmless the United States free from claims or damages due to 
     implementation of the project except for negligence of the 
     government.
       (7) Authorized appropriations.--There is authorized to be 
     appropriated to carry out this program $20,000,000 for each 
     fiscal year.
       Sec. 126. Chesapeake Bay Oyster Restoration, Maryland and 
     Virginia.--The second sentence of section 704(b) of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2263(b)) is 
     amended by striking ``$20,000,000'' and inserting 
     ``$30,000,000''.
       Sec. 127. The project for flood control, Little Calumet 
     River, Indiana, authorized by section 401(a) of Public Law 
     99-662 (100 Stat. 4115) is modified to authorize the 
     Secretary of the Army to complete the project in accordance 
     with the post authorization change report dated August 2000 
     at a total cost of $198,000,000 with an estimated Federal 
     cost of $148,500,000 and an estimated non-Federal cost of 
     $49,500,000.
       Sec. 128. American River Watershed, California (Folsom Dam 
     and Permanent Bridge).--(a) Coordination of Flood Damage 
     Reduction and Dam Safety.--The Secretary of the Army and the 
     Secretary of the Interior are directed to collaborate on 
     authorized activities to maximize flood damage reduction 
     improvements and address dam safety needs at Folsom Dam and 
     Reservoir, California. The Secretaries shall expedite 
     technical reviews for flood damage reduction and dam safety 
     improvements. In developing improvements under this section, 
     the Secretaries shall consider reasonable modifications to 
     existing authorized activities, including a potential 
     auxiliary spillway. In conducting such activities, the 
     Secretaries are authorized to expend funds for coordinated 
     technical reviews and joint planning, and preliminary design 
     activities.
       (b) Secretary's Role.--Section 134 of Public Law 108-137 
     (117 Stat. 1842) is modified to read as follows:

     ``SEC. 134. BRIDGE AUTHORIZATION.

       ``There is authorized to be appropriated to the Secretary 
     of the Army $30,000,000 for the construction of the permanent 
     bridge described in section 128(a), above the $36,000,000 
     provided for in the recommended plan for bridge construction. 
     The $30,000,000 shall not be subject to cost sharing 
     requirements with non-Federal interests.''.
       (c) Conforming Change.--Section 128(a) of Public Law 108-
     137 (117 Stat. 1838) is modified by deleting ``above the 
     $36,000,000 provided for in the recommended plan for bridge 
     construction,'' and inserting in lieu thereof the following: 
     ``above the sum of the $36,000,000 provided for in the 
     recommended plan for bridge construction and the amount 
     authorized to be appropriated by section 134, as amended,''.
       (d) Maximum Cost of Project.--The costs cited in 
     subsections (b) and (c) shall be adjusted to allow for 
     increases pursuant to section 902 of Public Law 99-662 (100 
     Stat. 4183). For purposes of making adjustments pursuant to 
     this subsection, the date of authorization of the bridge 
     project shall be December 1, 2003.
       (e) Expedited Construction.--The Secretary, in coordination 
     with the Secretary of the Interior and affected non-federal 
     officials (including the City of Folsom, California), shall 
     expedite construction of a new bridge and associated roadway 
     authorized in Public Law 108-137. The Secretary, to the 
     extent practicable, may construct such work in a manner that 
     is compatible with the design and construction of authorized 
     projects for flood damage reduction and dam safety. The 
     Secretary and the Secretary of the Interior shall expedite 
     actions under their respective jurisdictions to facilitate 
     timely completion of construction.
       (f) Report to Congress.--The Secretary of the Army, in 
     consultation with the Secretary of the Interior and non-
     federal interests, shall report to Congress within ninety 
     days of the date of enactment of this Act, and at four-month 
     intervals thereafter, on the status and schedule of planning, 
     design and construction activity.
       Sec. 129. Jacksonville Harbor, Florida.--(a) The project 
     for navigation, Jacksonville Harbor, Florida, authorized by 
     section 101(a)(17) of the Water Resources Development Act of 
     1999 (113 Stat. 276), is modified to authorize the Secretary 
     to extend the navigation features in accordance with the 
     Report of the Chief of Engineers, dated July 22, 2003, at a 
     total cost of $14,658,000, with an estimated Federal cost of 
     $9,636,000 and an estimated non-Federal cost of $5,022,000.
       (b) The non-Federal share of the costs of the General 
     Reevaluation Reports on the Jacksonville Harbor which were 
     begun prior to August 2004, shall be consistent with the non-
     Federal costs in implementing the overall construction 
     project.
       Sec. 130. Section 594(g) of the Water Resources Development 
     Act of 1999 (113 Stat. 383) is amended by striking 
     ``$60,000,000'' and inserting ``$240,000,000''.
       Sec. 131. Onondaga Lake, New York.--Section 573 of the 
     Water Resources Development Act of 1999 (113 Stat. 372) is 
     amended--
       (1) in subsection (f) by striking ``$10,000,000'' and 
     inserting ``$30,000,000'';
       (2) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively; and
       (3) by inserting after subsection (e) the following:
       ``(f) Nonprofit Entities.--Notwithstanding section 221(b) 
     of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for 
     any project carried out under this section, a non-Federal 
     interest may include a nonprofit entity, with the consent of 
     the affected local government.''.
       Sec. 132. White River Basin, Arkansas.--(a) Minimum 
     Flows.--
       (1) In general.--The Secretary is authorized and directed 
     to implement alternatives BS-3 and NF-7, as described in the 
     White River Minimum Flows Reallocation Study Report, Arkansas 
     and Missouri, dated July 2004.
       (2) Cost sharing and allocation.--Reallocation of storage 
     and planning, design and construction of White River Minimum 
     Flows project facilities shall be considered fish and 
     wildlife enhancement that provides national benefits and 
     shall be a Federal expense in accordance with section 906(e) 
     of the Water Resources Development Act of 1986 (33 U.S.C. 
     2283(e)). The non-Federal interests shall provide relocations 
     or modifications to public and private lakeside facilities at 
     Bull Shoals Lake and Norfork Lake to allow reasonable 
     continued use of the facilities with the storage reallocation 
     as determined by the Secretary in consultation with the non-
     Federal interests. Operations and maintenance costs of the 
     White River Minimum Flows project facilities shall be 100 
     percent Federal. All Federal costs for the White River 
     Minimum Flows project shall be considered non-reimbursable.
       (3) Impacts on non-federal project.--The Administrator of 
     Southwestern Power Administration, in consultation with the 
     project licensee and the relevant state public utility 
     commissions, shall determine any impacts on electric energy 
     and capacity generated at Federal Energy Regulatory 
     Commission Project No. 2221 caused by the storage 
     reallocation at Bull Shoals Lake, based on data and 
     recommendations provided by the relevant state public utility 
     commissions. The licensee of Project No. 2221 shall be fully 
     compensated by the Corps of Engineers for those impacts on 
     the basis of the present value of the estimated future 
     lifetime replacement costs of the electrical energy and 
     capacity at the time of implementation of the White River 
     Minimum Flows project. Such costs shall be included in the 
     costs of implementing

[[Page 25141]]

     the White River Minimum Flows project and allocated in 
     accordance with subsection (a)(2) above.
       (4) Offset.--In carrying out this subsection, losses to the 
     Federal hydropower purpose of the Bull Shoals and Norfork 
     Projects shall be offset by a reduction in the costs 
     allocated to the Federal hydropower purpose. Such reduction 
     shall be determined by the Administrator of the Southwestern 
     Power Administration on the basis of the present value of the 
     estimated future lifetime replacement cost of the electrical 
     energy and capacity at the time of implementation of the 
     White River Minimum Flows project.
       (b) Fish Hatchery.--In constructing, operating, and 
     maintaining the fish hatchery at Beaver Lake, Arkansas, 
     authorized by section 105 of the Water Resources Development 
     Act of 1976 (90 Stat. 2921), losses to the Federal hydropower 
     purpose of the Beaver Lake Project shall be offset by a 
     reduction in the costs allocated to the Federal hydropower 
     purpose. Such reduction shall be determined by the 
     Administrator of the Southwestern Power Administration based 
     on the present value of the estimated future lifetime 
     replacement cost of the electrical energy and capacity at the 
     time operation of the hatchery begins.
       (c) Repeal.--Section 374 of the Water Resources Development 
     Act of 1999 (113 Stat. 321) and section 304 of the Water 
     Resources Development Act of 2000 (Public Law 106-541) are 
     repealed.
       Calcasieu Ship Channel, Louisiana.--
       (a) In General.--At such time as Pujo Heirs and Westland 
     Corporation convey all right, title, and interest in and to 
     the real property described in paragraph (b)(1) to the United 
     States, the Secretary shall convey all right, title, and 
     interest of the United States in and to the real property 
     described in paragraph (b)(2) to Pujo Heirs and Westland 
     Corporation.
       (b) Land Description.--The parcels of land referred to in 
     paragraph (a) are the following:
       (1) Non-federal interest in land.--An easement for 
     placement of dredged materials over a contiguous equivalent 
     area to the real property described in subparagraph (2). The 
     parcels on which such an easement may be exchanged is all of 
     the area within the diked or confined boundaries of the Corps 
     of Engineers Dredge Material Placement Area M comprising 
     Tract 128E, Tract 129E, Tract 131E, Tract 41A, Tract 42, 
     Tract 132E, Tract 130E, Tract 134E, Tract 133E-3, Tract 140E, 
     or some combination thereof.
       (2) Federal interest in land.--An easement for placement of 
     dredged materials over an area in Cameron Parish, Louisiana, 
     known as portions of Government Tract Numbers 139E-2 and 48 
     (both tracts on the west shore of the Calcasieu Ship 
     Channel), and other tracts known as Corps of Engineers Dredge 
     Material Placement Area O.
       (c) Conditions.--The exchange of real property under 
     paragraph (1) shall be subject to the following conditions:
       (1) Deeds.--
       (A) Non-federal land.--The conveyance of the real property 
     described in paragraph (b)(1) to the Secretary shall be by a 
     warranty deed acceptable to the Secretary.
       (B) Federal land.--The conveyance of the real property 
     described in paragraph (b)(2) to Pujo Heirs and Westland 
     Corporation shall be by a quitclaim deed.
       (2) Time limit for exchange.--The land exchange under 
     paragraph (a) shall be completed not later than six months 
     after the date of enactment of this Act.
       (3) Incremental costs.--As determined by the Secretary, 
     incremental costs to the Lake Charles Harbor and Terminal 
     District associated with the preparation of the area and the 
     placement of dredge material in the new disposal easement 
     area, paragraph (b)(1), including, site preparation costs, 
     associated testing, permitting, mitigation and diking costs 
     associated with such new disposal easement over the costs 
     that would have been incurred in the placement of dredge 
     material in the old disposal easement area, paragraph (b)(2) 
     (comprising all of Corps of Engineers Dredge Material 
     Placement Area O) up to the disposal capacity equivalent of 
     the property described in paragraph (b)(2), shall be made 
     available by the Owners. Owners shall make appropriated 
     guarantees, as agreed to by the Secretary, that funds will be 
     available as needed to cover such incremental costs. The Lake 
     Charles Harbor and Terminal District, as local sponsor for 
     the Calcasieu Ship Channel Project, shall not be assessed or 
     caused to incur any costs arising out of, associated with or 
     as a consequence of the land exchange authorized under 
     paragraph (a).
       (d) Value of Properties.--If the appraised fair market 
     value, as determined by the Secretary, of the real property 
     conveyed to Pujo Heirs and Westland Corporation by the 
     Secretary under paragraph (a) exceeds the appraised fair 
     market value, as determined by the Secretary, of the real 
     property conveyed to the United States by Pujo Heirs and 
     Westland Corporation under paragraph (a), Pujo Heirs and 
     Westland Corporation shall make a payment to the United 
     States equal to the excess in cash or a cash equivalent that 
     is satisfactory to the Secretary.
       Sec. 134. Project Modification.--(a) In General.--The 
     project for flood damage reduction, environmental 
     restoration, recreation, Johnson Creek, Arlington, Texas, 
     authorized by section 101(b)(14) of the Water Resources 
     Development Act of 1999 (113 Stat. 280-281) is modified--
       (1) to deauthorize the ecosystem restoration portion of the 
     project that consists of approximately 90 acres of land 
     located between Randol Mill and the Union Pacific East/West 
     line; and
       (2) to authorize the Secretary of the Army to design and 
     construct an ecosystem restoration project on lands 
     identified in subsection (c) that will provide the same or 
     greater level of national ecosystem restoration benefits as 
     the portion of the project described in paragraph (1).
       (b) Credit Toward Federal Share.--The Secretary of the Army 
     shall credit toward the Federal share of the cost of the 
     modified project the costs incurred by the Secretary to carry 
     out the project as originally authorized under section 
     101(b)(14) of the Water Resources Development Act of 1999 
     (113 Stat. 280). The non-Federal interest shall not be 
     responsible for reimbursing the Secretary for any amount 
     credited under this subsection.
       (c) Comparable Property.--Not later than 6 months after the 
     date of enactment of this Act, the City of Arlington, Texas, 
     shall identify lands, acceptable to the Secretary of the 
     Army, amounting to not less than 90 acres within the City, 
     where an ecosystem restoration project may be constructed to 
     provide the same or greater level of National ecosystem 
     restoration benefits as the land described in subsection 
     (a)(1).
       Sec. 135. Funds made available in Public Law 105-62 and 
     Public Law 105-245 for Hudson River, Athens, New York, shall 
     be available for projects in the Catskill/Delaware watersheds 
     in Delaware and Greene Counties, New York, under the 
     authority of the New York City Watershed Environmental 
     Assistance Program.
       Sec. 136. None of the funds contained in title I of this 
     Act shall be available to permanently reassign or to 
     temporarily reassign in excess of 180 days personnel from the 
     Charleston, South Carolina district office: Provided, That 
     this limitation shall not apply to voluntary change of 
     station.
       Sec. 137. The Secretary of the Army, acting through the 
     Chief of Engineers, is hereby authorized and directed to 
     design and construct until hereafter completed, the 
     recreation and access features designated as Phase II of the 
     Louisville Waterfront Park, Kentucky, as described in the 
     Louisville Waterfront Park, Phases II and III, Detailed 
     Project Report, by the Louisville District of the Corps of 
     Engineers dated May 2002. The project shall be cost shared 50 
     percent Federal and 50 percent non-Federal. The cost of 
     project work undertaken by the non-Federal interests, 
     including but not limited to prior planning, design, and 
     construction, shall be credited toward the non-Federal share 
     of project design and construction costs.
       Sec. 138. Akutan, Alaska.--(a) In General.--The Secretary 
     of the Army is authorized to carry out the project for 
     navigation, Akutan, Alaska, substantially in accordance with 
     the plans, and subject to the conditions, described in the 
     Report of the Chief of Engineers dated December 20, 2004, at 
     a total cost of $19,700,000.
       (b) Treatment of Certain Dredging.--The headlands dredging 
     for the mooring basin shall be considered a general 
     navigation feature for purposes of estimating the non-Federal 
     share of the cost of the project.
       Sec. 139. (a) In General.--The project for the beneficial 
     use of dredged material at Poplar Island, Maryland, 
     authorized by section 537 of the Water Resources Development 
     Act of 1996 (110 Stat. 3776) shall be known as and designated 
     as the ``Paul S. Sarbanes Ecosystem Restoration Project at 
     Poplar Island''.
       (b) Reference.--Any reference in a law, map, regulation, 
     document, paper or other record of the United States 
     (including reference by the Corps of Engineers) to the 
     project referred to in subsection (a) shall be deemed to be a 
     reference to the ``Paul S. Sarbanes Ecosystem Restoration 
     Project at Poplar Island''.
       (c) Effective Date.--The project designation in this 
     section shall become effective on January 4, 2007.

                                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, 
     $883,514,000, to remain available until expended, of which 
     $59,544,000 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

[[Page 25142]]

     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: Provided further, That $500,000 of the 
     funds provided herein shall be used on a non-reimbursible 
     basis to fund the collection of technical and environmental 
     data to be used to evaluate potential rehabilitation of the 
     St. Mary Storage Unit facilities, Milk River Project, 
     Montana, and that Reclamation shall enter into cooperative 
     agreements with the State of Montana or the Blackfeet Tribe 
     to carry out such work if the Secretary determines such 
     agreements would be cost-effective and efficient.


                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 Water Supply, 
     Reliability, and Environmental Improvement 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: Provided further, That $500,000 shall be 
     transferred to the Army Corps of Engineers to carry out the 
     report on levee stability reconstruction projects and 
     priorities authorized under section 103(f)(3) of Public Law 
     108-361.


                       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.''.
       Sec. 204. 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. 205. The Secretary of the Interior, acting through the 
     Commissioner of the Bureau of Reclamation, 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 authorized to enter into grants or 
     cooperative agreements with universities or non-profit 
     research institutions to fund water use efficiency research.
       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 ``2006''; and
       (2) in paragraph (b) by striking ``2005'' and inserting in 
     lieu thereof ``2006''.
       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)(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;

[[Page 25143]]

       (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.
       (d) For each day after June 30, 2006, on which the Bureau 
     of Reclamation fails to comply with subsections (a), (b), and 
     (c), the total amount made available for salaries and 
     expenses of the Bureau of Reclamation shall be reduced by 
     $100,000 per day.
       Sec. 209. (a). The Secretary of the Interior is authorized 
     to complete a special report to update the analysis of costs 
     and associated benefits of the Auburn-Folsom South Unit, 
     Central Valley Project, California authorized under Federal 
     reclamation laws and the Act of September 2, 1965, P.L. 89-
     161, 79 Stat. 615 in order to--
       (1) identify those project features that are still 
     relevant;
       (2) identify changes in benefit values from previous 
     analyses and update to current levels;
       (3) identify design standard changes from the 1978 
     Reclamation design which require updated project engineering;
       (4) assess risks and uncertainties associated with the 1978 
     Reclamation design;
       (5) update design and reconnaissance-level cost estimate 
     for features identified under paragraph (1); and
       (6) perform other analyses that the Secretary deems 
     appropriate to assist in the determination of whether a full 
     feasibility study is warranted.
       (b). There are authorized to be appropriated $1,000,000 to 
     carry out this section. The cost of completing this update 
     shall be non-reimbursable.

                               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, $1,830,936,000, to 
     remain available until expended.

                         Clean Coal Technology


                       (deferral and rescission)

       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: 
     Provided further, That $20,000,000 of uncommitted balances is 
     rescinded.

                 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), 
     $597,994,000, 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 for fiscal year 2006 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 $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. 6333 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, $86,176,000, 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

[[Page 25144]]

     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, $562,228,000, 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, $3,632,718,000, 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, 
     $150,000,000, to remain available until expended, of which 
     $100,000,000 shall be derived from the Nuclear Waste Fund: 
     Provided, That of the funds made available in this Act for 
     Nuclear Waste Disposal, $2,000,000 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 $7,500,000 shall be provided to 
     affected units of local government, as defined in the Act, to 
     conduct appropriate activities and participate in licensing 
     activities: Provided further, That 7.5 percent of the funds 
     provided shall be made available to affected units of local 
     government in California with the balance made available to 
     affected units of local government in Nevada for distribution 
     as determined by the Nevada units of local government: 
     Provided further, That notwithstanding the provisions of 
     Chapters 65 and 75 of Title 31, the Department shall have no 
     monitoring, auditing or other oversight rights or 
     responsibilities over amounts provided to affected units of 
     local government under this heading: Provided further, That 
     the funds for the State of Nevada shall be made available 
     solely to the Nevada Division of Emergency Management by 
     direct payment and units of local government by direct 
     payment: Provided further, That within 90 days of the 
     completion of each Federal fiscal year, the Nevada Division 
     of Emergency Management and the Governor of the State of 
     Nevada shall provide certification to the Department of 
     Energy that all funds expended from such payments have been 
     expended for activities authorized by the Act and this Act: 
     Provided further, That failure to provide such certification 
     shall cause such entity to be prohibited from any further 
     funding provided for similar activities: Provided further, 
     That none of the funds herein appropriated may be: (1) used 
     directly or indirectly to influence legislative action 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: Provided further, That 
     no funds provided in this Act may be used to pursue repayment 
     or collection of funds provided in any fiscal year to 
     affected units of local government for oversight activities 
     that had been previously approved by the Department of 
     Energy, or to withhold payment of any such funds.

                      Departmental Administration

       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, $252,817,000, 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 2006, 
     and any related appropriated 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 $129,817,000: 
     Provided further, That not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Energy shall 
     submit to the Committee on Appropriations of the Senate and 
     the Committee on Appropriations of the House of 
     Representatives a report, in unclassified form but with a 
     classified appendix if necessary, on the Department of 
     Energy's plan to bring security for Building 3019 at the Oak 
     Ridge National Laboratory, Oak Ridge, Tennessee, into full 
     compliance with the Department's Design Basis Threat Policy: 
     Provided further, That the report shall include--
       (1) a detailed description of any element of the 
     Department's Design Basis Threat Policy that is not to be 
     fully addressed throughout the remaining lifetime of Building 
     3019;
       (2) a detailed description of the security implementation 
     plan, including security personnel, perimeter detection 
     capability, response capabilities, use of security 
     technology, and methods of meeting physical standoff 
     requirements;
       (3) a schedule with specific dates describing the 
     milestones to achieve compliance with the Department's Design 
     Basis Threat Policy;
       (4) a security management plan signed by the Secretary of 
     Energy specifying the program secretarial offices responsible 
     for implementing and funding the security program, including 
     any incremental funding requirements to upgrade security 
     levels for the period during the material handling and 
     processing activities leading to complete disposition of the 
     stored inventory of special nuclear material; and
       (5) the justification for failing to fully comply with the 
     Design Basis Threat Policy, if the Secretary does not intend 
     to implement a security program at Building 3019 that fully 
     complies with the Department's Design Basis Threat 
     requirements for new, continuing operations.

                    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, $42,000,000, to remain 
     available until expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           Weapons Activities

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other incidental expenses necessary for atomic energy 
     defense weapons activities in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion; and the purchase of 
     not to exceed 40 passenger motor vehicles, for replacement 
     only, including not to exceed two buses; $6,433,936,000, to 
     remain available until expended: Provided, That $81,350,000 
     is authorized to be appropriated for Project 01-D-124 HEU 
     materials facility, Y-12 Plant, Oak Ridge, Tennessee: 
     Provided further, That $7,000,000 is authorized to be 
     appropriated for Project 05-D-140 Project engineering and 
     design (PED), various locations.

                    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, $1,631,151,000, 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, $789,500,000, 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, $341,869,000, 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,

[[Page 25145]]

     $6,192,371,000, 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; $641,998,000, 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, $350,000,000, 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; $233,992,000, to remain available until 
     expended, of which $229,596,000 shall be derived from the 
     Department of the Interior Reclamation Fund: Provided, That 
     of the amount herein appropriated, $6,700,000 is for deposit 
     into the Utah Reclamation Mitigation and Conservation Account 
     pursuant to title IV of the Reclamation Projects 
     Authorization and Adjustment Act of 1992: Provided further, 
     That 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 
     $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. (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.
       Sec. 305. The unexpended balances of prior appropriations 
     provided for activities in this Act may be available to the 
     same appropriation accounts for such activities established 
     pursuant to this title. Available balances may be merged with 
     funds in the applicable established accounts and thereafter 
     may be accounted for as one fund for the same time period as 
     originally enacted.
       Sec. 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

[[Page 25146]]

     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. 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. 309. 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 from 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. 310. 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. 311. 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 
     3 percent of such funds, to be used by the plant manager of a 
     covered nuclear weapons production plant or the manager of 
     the Nevada Site Office for plant or site-directed research 
     and development: Provided further, That notwithstanding 
     Department of Energy order 413.2A, dated January 8, 2001, 
     beginning in fiscal year 2006 and thereafter, all DOE 
     laboratories may be eligible for laboratory directed research 
     and development funding.
       Sec. 312. Of amounts appropriated to the Secretary of 
     Energy for the Rocky Flats Environmental Technology Site for 
     fiscal year 2006, the Secretary may provide, subject to 
     authorization, up to $10,000,000 for the purchase of mineral 
     rights at the Rocky Flats Environmental Technology Site.
       Sec. 313. Section 4306 of the Atomic Energy Defense Act (50 
     U.S.C. 2566) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)(A), by striking ``2009'' each place it 
     appears and inserting ``2012''; and
       (B) in paragraph (3)--
       (i) in subparagraph (B)(ii), by striking ``2009'' and 
     inserting, ``2012''; and
       (ii) in subparagraph (C), by striking ``2009'' and 
     inserting ``2012'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking ``(a)(2)'' and inserting ``(g)''; and
       (ii) by striking ``2009'' and inserting ``2012'';
       (B) in paragraph (4), by striking ``2009'' each place it 
     appears and inserting ``2012''; and
       (C) in paragraph (5), by striking ``2009'' and inserting 
     ``2012'';
       (3) in subsection (c)--
       (A) in the matter preceding paragraph (1), by striking, 
     ``2009'' and inserting ``2012'';
       (B) in paragraph (1), by striking ``2011'' and inserting 
     ``2014''; and
       (C) in paragraph (2), by striking ``2017'' each place it 
     appears and inserting ``2020'';
       (4) in subsection (d)--
       (A) in paragraph (1)--
       (i) by striking ``2011'' and inserting ``2014'';
       (ii) by striking ``from funds available to the Secretary'' 
     and inserting ``subject to the availability of 
     appropriations''; and
       (iii) by striking ``2016'' and inserting ``2019''; and
       (B) in paragraph (2)(A), by striking ``2017'' each place it 
     appears and inserting ``2020'';
       (5) in subsection (e), by striking ``2020'' and inserting 
     ``2023'';
       (6) by redesignating subsection (g) as subsection (h); and
       (7) by inserting after subsection (f) the following:
       (g) Baseline.--Not later than December 31, 2006, the 
     Secretary shall submit to Congress a report on the 
     construction and operation of the MOX facility that includes 
     a schedule for revising the requirements of this section 
     during fiscal year 2007 to conform with the schedule 
     established by the Secretary for the MOX facility, which 
     shall be based on estimated funding levels for the fiscal 
     year.''.
       Sec. 314. Sales of Uranium.--(a) In General.--
     Notwithstanding any other provision of Federal law, including 
     section 3112 of the USEC Privatization Act (42 U.S.C. 2297h-
     2) and section 3302 of Title 31, United States Code, the 
     Secretary of Energy is authorized to barter, transfer or sell 
     uranium (including natural uranium concentrates, natural 
     uranium hexafluoride, or in any form or assay) and to use any 
     proceeds, without fiscal year limitation, to remediate 
     uranium inventories held by the Secretary.
       (b) Additional Requirements.--Any barter, transfer or sale 
     of uranium under subsection (a) shall to the extent possible, 
     be competitive and comply with all applicable Federal 
     procurement laws (including regulations); and shall not 
     exceed 10 percent of the total annual fuel requirements of 
     all licensed nuclear power plants located in the United 
     States for uranium concentrates, uranium conversion, or 
     uranium enrichment.
       Sec. 315. Section 130 of Division H (Miscellaneous 
     Appropriations and Offsets) of the Consolidated 
     Appropriations Act, 2004, Public Law 108-199, is hereby 
     amended by striking ``is provided for the Coralville, Iowa, 
     project'' and all that follows and inserting: ``is provided 
     for the Iowa Environmental and Education project to be 
     located in Iowa. No further funds may be disbursed by the 
     Department of Energy until a one hundred percent non-Federal 
     cash and in-kind match of the appropriated Federal funds has 
     been secured for the project by the non-Federal project 
     sponsor: Provided, That the match shall exclude land 
     donations: Provided further, That if the match is not secured 
     by the non-Federal project sponsor by December 1, 2007, the 
     remaining Federal funds shall cease to be available for the 
     Iowa Environmental and Education project.''.

                                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, 
     $65,472,000, 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, $50,000,000, to 
     remain available until expended, nothwithstanding the 
     limitations contained in section 306(g) of the Denali 
     Commission Act of 1998.

                     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, $46,118,000 shall be derived from the 
     Nuclear Waste Fund: Provided further, That revenues from 
     licensing fees, inspection services, and other services and 
     collections estimated at $617,182,000 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 $117,194,000: 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:

[[Page 25147]]

     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.
       This Act may be cited as the ``Energy and Water Development 
     Appropriations Act, 2006''.
       And the Senate agree to the same.

     David L. Hobson,
     Rodney P. Frelinghuysen,
     Tom Latham,
     Zach Wamp,
     Jo Ann Emerson,
     John Doolittle,
     Michael K. Simpson,
     Dennis R. Rehberg,
     Jerry Lewis,
     Peter J. Visclosky,
     Chet Edwards,
     Ed Pastor,
     James E. Clyburn,
     Marion Berry,
     David R. Obey,
                                Managers on the Part of the House.

     Pete V. Domenici,
     Thad Cochran,
     Mitch McConnell,
     Robert F. Bennett,
     Conrad Burns,
     Larry E. Craig,
     Christopher S. Bond,
     Kay Bailey Hutchison,
     Wayne Allard,
     Harry Reid,
     Robert C. Byrd,
     Patty Murray,
     Bryon L. Dorgan,
     Dianne Feinstein,
     Tim Johnson,
     Mary L. Landrieu,
     Daniel K. Inouye,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 2419) making 
     appropriations for energy and water development for the 
     fiscal year ending September 30, 2006, and for other 
     purposes, submit the following joint statement to the House 
     and Senate in explanation of the action agreed upon by the 
     managers and recommend in the accompanying conference report.
       The language and allocations set forth in House Report 109-
     86 and Senate Report 109-84 should be complied with unless 
     specifically addressed to the contrary in the conference 
     report and statement of managers. Report language included by 
     the House which is not contradicted by the report of the 
     Senate or the conference, and Senate report language which is 
     not contradicted by the report of the House or the conference 
     is approved by the committee of conference. The statement of 
     managers, while repeating some report language for emphasis, 
     does not intend to negate the language referred to above 
     unless expressly provided herein. In cases where both the 
     House report and Senate report address a particular issue not 
     specifically addressed in the conference report or joint 
     statement of managers, the conferees have determined that the 
     House report and Senate report are not inconsistent and are 
     to be interpreted accordingly. In cases in which the House or 
     Senate have directed the submission of a report, such report 
     is to be submitted to both House and Senate Committees on 
     Appropriations.
       Senate amendment: The Senate deleted the entire House bill 
     after the enacting clause and inserted the Senate bill. The 
     conference agreement includes a revised bill.

      TITLE I--DEPARTMENT OF DEFENSE--CIVIL DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

       The summary tables included in this title set forth the 
     conference agreement with respect to the individual 
     appropriations, programs, and activities of the Corps of 
     Engineers. Additional items of the conference agreement are 
     discussed below.


    WATER RESOURCE NEEDS IN THE WAKE OF HURRICANES KATRINA AND RITA

       The conferees' funding recommendations in this statement of 
     managers have been shaped by the occurrence of Hurricanes 
     Katrina and Rita, their profound effects on the Gulf Coast of 
     the United States, and what these storms revealed about our 
     country's vulnerability to natural disasters. Accordingly, 
     total funding levels for Energy and Water Development 
     Appropriations for fiscal year 2006 are $749,000,000 above 
     the levels requested by the Administration, and the conferees 
     have designated almost all of this increase for strengthening 
     the water infrastructure of our nation. Dam safety, flood 
     protection, and maintenance of vital navigation systems have 
     been given priority.
       The situation on the Gulf Coast in the wake of the 2005 
     hurricanes requires balance among competing forces. There is 
     an urgent need for rapid restoration of flood control 
     measures before the next storm season. The US Army Corps of 
     Engineers has testified that it can accomplish these repairs 
     by June 2006. However, extensive flooding occurred in the 
     region despite the existence of flood control measures 
     designed to withstand Category 3 hurricanes. Fully 
     understanding what caused the flooding will require time, and 
     the design and implementation of an improved protection 
     system will take years. This means that some interim 
     protection will be in place soon and better protection will 
     be provided later.
       This Act provides considerable support for on-going 
     improvements to flood control projects along the Gulf Coast, 
     particularly in Louisiana and Mississippi. The hurricanes 
     have altered the underlying justifications for these projects 
     and brought into question existing approaches and designs. 
     The physical situation on the ground has changed, the nature 
     and value of the communities and infrastructure to be 
     protected have changed, and the engineering requirements for 
     providing given levels of flood protection have changed. 
     While the Corps of Engineers proceeds to reestablish 
     preexisting flood control works using funds provided on an 
     emergency basis, a revised plan for providing an improved 
     flood control system for the future is needed. Accordingly, 
     the conferees direct the Secretary of the Army, acting 
     through the Chief of Engineers, to provide the House and 
     Senate Committees on Appropriations with a report detailing 
     an integrated approach to flood control, navigation, and 
     environmental restoration for the Gulf Coast region of 
     Louisiana and Mississippi within 120 days of enactment. This 
     report should present the overall approach for future 
     spending and identify specific changes to on-going projects 
     as well as proposals for future work. Hopefully, this vision 
     can be in place to guide appropriations for next year and 
     inform the five-year funding plan that is to accompany the 
     Administration's fiscal year 2007 budget request.
       The conferees expect additional resources will be provided 
     in subsequent supplemental appropriations bills to respond to 
     the aftermath of Hurricane Katrina and shall be considered in 
     the broader context of flood reduction for and reconstruction 
     of the City of New Orleans as hurricane data analysis is 
     completed and as a consensus on how best to protect the City 
     of New Orleans emerges.
       The budget request from the Administration recommended 
     funding various projects based on seven performance 
     guidelines, based principally on the ratio of remaining-
     benefits-to-remaining-costs. The conferees have endeavored to 
     identify the most critical flood damage reduction and 
     navigation projects in the allocation of resources provided, 
     but in the absence of the Corps of Engineers being able to 
     provide to the Congress its professional engineering judgment 
     on which priority infrastructure needs should be addressed 
     this fiscal year, the conferees have largely provided the 
     budget request for individual water resource projects.


                    PROGRAM MANAGEMENT AND EXECUTION

       The conferees agree that improvements in the Corps' program 
     management and execution are necessary and appropriate. The 
     conferees expect the civilian and military leadership of the 
     Corps of Engineers to manage the Corps of Engineers and the 
     Civil Works program.
       Five-year comprehensive budget planning.--The Corps is 
     directed to submit to the House and Senate Committees on 
     Appropriations concurrent with each annual budget hereafter 
     an updated five-year development plan, as delineated in the 
     House report.
       Emphasis on expenditures.--The Corps is directed to adopt a 
     fiscal management practice that fully honors Congressional 
     direction and accepts a higher level of carryover funds in 
     order to achieve greatly increased transparency into project 
     costs and multiyear funding commitments.
       Congressional justification materials.--The conferees 
     direct the Corps to improve its annual congressional budget 
     submission by expanding the information presented to the 
     Congress each year and to present its budget estimate by 
     mission area. That information shall include, but not be 
     limited to, those items more fully discussed in the House 
     report. Such information shall include a detailed analysis of 
     activities and projects funded in the current year but for 
     which no

[[Page 25148]]

     funds are requested in the budget estimate. It is incumbent 
     upon the Administration and the Corps of Engineers to 
     disclose fully how it plans to carry out the current year 
     appropriation. Inclusion of such information in the budget 
     justification materials in no way implies continuing support 
     of such projects or activities by the Administration or the 
     Corps of Engineers but is needed by Congress to determine if 
     the Executive Branch is executing fully its appropriation by 
     program, project and activity consistent with Congressional 
     direction and intent. The conferees note that similar 
     information is provided in other executive branch agencies' 
     budget submissions and fail to understand why such 
     information is not provided by the Corps of Engineers or 
     cleared by the Office of Management and Budget for 
     transmittal to the Congress.
       Performance-based budgeting.--The conferees acknowledge the 
     efforts of the Administration to develop a methodology for 
     focusing limited federal resources on water resource 
     projects, but recognize that the remaining-costs-to-
     remaining-benefits ratio used by the Administration has its 
     limitations. In addition, the conferees note the inability of 
     the Corps of Engineers to produce at the request of Congress 
     a list of the ten most critical water resources needs in the 
     country that need to be addressed given the Nation's 
     experience with Hurricane Katrina. Accordingly, the Corps of 
     Engineers is directed to contract with the National Academy 
     of Public Administration to study and recommend factors, 
     perhaps to include remaining-costs-to-remaining-benefits, 
     which should be used in determining the allocation of limited 
     resources for the construction of water resource projects.
       Savings and slippage.--The conferees acknowledge the 
     existence of traditional savings and slippage, which may 
     accrue either from unfavorable construction schedules and/or 
     seasons or from delays in a project's delivery because of 
     environmental issues, litigation or local financial 
     limitations. Such funds may be available for reallocation, 
     only on a project-by-project basis, within the reprogramming 
     limitation contained in section 101 in title I of this Act.
       In recent years the Congress has artificially increased the 
     historical savings and slippage estimate, thereby increasing 
     the across-the-board reduction. The conferees have 
     discontinued this practice. The conference agreement 
     eliminates the need for an across-the-board reduction 
     resulting from project allocations in excess of the amount 
     appropriated for such account. In addition, an across-the-
     board reduction for historical savings and slippage shall not 
     be assessed. Savings and slippage shall be taken on a 
     project-by-project basis, recognizing the unique 
     characteristics of each project and its total annual funding 
     requirements.
       Reprogramming.--The conference agreement modifies section 
     101 of the House bill, which provides very specific instances 
     and procedures by which the Corps may reprogram funds. The 
     Senate bill contained no similar guidance. The guidance 
     contained herein shall supercede all previous Congressional 
     direction with respect to the reprogramming of appropriated 
     funds and shall apply to all available balances in the Corps' 
     accounts. For the purposes of carrying out this section, a 
     reprogramming of funds is defined as any reallocation of 
     funds into or from a line item set forth in the statement of 
     managers accompanying this Act. No distinctions are to be 
     made by the Corps for transfers or movements of funds, such 
     as restorations or revocations, as has been the past 
     practice. Any funds proposed for reprogramming shall be 
     deemed to be excess to project needs, and shall be considered 
     on a project-by-project basis.
       Consistent with the recommendations found in a recent GAO 
     report entitled ``Improved Planning and Financial Management 
     Should Replace Reliance on Reprogramming Actions to Manage 
     Project Funds,'' the Corps is directed to develop immediately 
     a financial planning and management system for the 
     investigations, construction, and operation and maintenance 
     appropriations that changes the way the Corps allocates funds 
     from an annual basis to a quarterly basis that reflects 
     actual schedule and project performance. This recommendation 
     is most crucial to ensure increased certainty in execution of 
     projects. Accordingly, the conferees expect that project 
     funds shall be allocated to the field operating agencies by 
     the headquarters office on a quarterly basis on the expected 
     rate of execution for each quarter.
       Not later than 60 days following the enactment of this Act, 
     the Corps shall submit a report to the House and Senate 
     Committees on Appropriations to establish the baseline for 
     application of reprogramming and transfer authorities for the 
     current fiscal year. That report shall contain a table for 
     each appropriation, showing among other items, each program, 
     project and activity in each appropriation. For each day 
     after the required date that the report has not been 
     submitted to Congress, the amount appropriated for salaries 
     and expenses of the Corps of Engineers shall be reduced by 
     $100,000 per day for each day after the required date that 
     the report has not been submitted to the Congress. In 
     addition, the conferees direct the Corps to provide quarterly 
     reports to the House and Senate Committees on Appropriations 
     detailing all projects from which and to which funds were 
     reprogrammed pursuant to the authorities provided in this 
     Act. The report shall also include reasons for the transfer 
     of funds. The thresholds contained in section 101 shall apply 
     to cumulative totals on a project-by-project basis.
       Further, the conferees direct that, when the Corps executes 
     a reprogramming pursuant to the authorities of this Act, the 
     Corps and the project sponsor shall treat each reprogramming 
     as a one time transaction with no commitment or expectation 
     to return funds to that project.
       The conferees expect the reprogramming authorities provided 
     in this Act will improve the fiscal management of the Corps' 
     program. The conferees expect the Corps of Engineers to 
     adhere to the letter and spirit of these reprogramming 
     authorities. To the extent that the Corps is unable to 
     improve its financial planning and management systems by the 
     adoption of these authorities, the conferees will consider 
     further restrictions in the Corps' reprogramming authorities 
     in the context of the fiscal year 2007 Energy and Water 
     Development Appropriations Act.
       Continuing contracts.--The conference agreement modifies 
     two provisions proposed by the House regarding continuing 
     contracts. These provisions are discussed in greater detail 
     under General Provisions.

                             Investigations

       The conference agreement provides $164,000,000 for 
     Investigations, instead of $100,000,000 as provided by the 
     House and $180,000,000 as proposed by the Senate. The 
     conference agreement deletes a provision proposed by the 
     House, which incorporates by reference the projects and 
     activities specified in the statement of managers 
     accompanying this Act. The Senate bill contained no similar 
     provision.
       The conference agreement includes a provision relating to 
     planning assistance to the State of Ohio. In addition, the 
     conference agreement includes a provision providing 
     $8,000,000 to conduct, at full federal expense, a 
     comprehensive hurricane protection study.
       The conference agreement deletes a provision proposed by 
     the Senate relating to funding for a project in Laupahoehoe 
     Harbor, Hawaii. The House bill contained no similar 
     provision.
       The conference agreement for investigations is shown in the 
     following table:

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       Matilija Dam, California.--The Secretary shall credit the 
     non-Federal share of the cost of the Matilija Dam ecosystem 
     project the cost of design and construction work carried out 
     by the non-Federal interest before the date of execution of a 
     cooperation agreement for the project.
       San Joaquin Valley Region, California.--The conferees have 
     provided funding for studies of the San Joaquin Valley region 
     in California (consisting of Stanislaus, Madera, Merced, 
     Fresno, Kings, Tulare, and Kern Counties).
       Whitewater River Basin, California.--The conference 
     agreement includes $100,000 to continue the design phase of 
     the project.
       Minnesota River Basin, Minnesota and South Dakota.--Within 
     the funds provided for Minnesota River Basin, Minnesota and 
     South Dakota, $80,000 has been provided for Blue Earth River 
     ecosystem restoration in Minnesota, South Dakota, Iowa and 
     North Dakota.
       Louisiana Coastal Area, Louisiana.--For Louisiana coastal 
     area ecosystem restoration area, the conferees have provided 
     a total of $10,000,000 to further studies in mitigating 
     wetlands loss in coastal Louisiana.
       Great Lakes Navigation Study, MI, IL, IN, MN, NY, OH, PA 
     and WI.--The conferees have included $1,285,000 for continued 
     work on the Great Lakes Navigation Study, the scope of which 
     is to be in accordance with the bi-national agreement between 
     the United States and Canada. The conferees understand that 
     the study is near completion and encourage the study sponsors 
     and the Corps to move forward as swiftly as is practicable 
     without compromising the scope or quality of the work. With 
     the funds provided for fiscal year 2006, the conferees expect 
     that the Secretary, acting through the Corps of Engineers, 
     will be able to budget for completion in fiscal year 2007.
       Red River of the North Basin, Minnesota, North and South 
     Dakota.--Within the funds provided for Red River of the North 
     Basin, Minnesota and North and South Dakota, $60,000 has been 
     provided for Crookston.
       Truckee Meadows, Nevada.--Funds are provided to continue 
     planning, engineering and design activities for this flood 
     control project. The conferees expect the Corps to complete 
     the necessary studies as soon as practicable.
       Edisto, South Carolina.--The conference agreement includes 
     funds to complete the reconnaissance phase of the project.
       Norfolk Harbor and Channels, Craney Island, Virginia.--
     Funds are provided to complete the feasibility study for this 
     project.
       Little Kanawha, West Virginia.--The conference agreement 
     includes funds to complete the feasibility study for this 
     project.
       Coastal field data collection.--The conference agreement 
     provides $4,125,000 for coastal field data collection. Within 
     the funds provided, the Corps is directed to undertake the 
     following activities with the amounts allocated below:

Coastal Data Information Program...............................$500,000
Southern California Beach Processes Study.......................650,000
Pacific Island Land Typhoon Experiment (PILOT)..................650,000
Surge and Wave Island Modeling Studies (SWIMS)..................750,000

       Remaining items, flood plain management services.--The 
     conference agreement includes $6,407,000 for flood plain 
     management services, instead of $5,625,000 as proposed by the 
     House and $8,935,000 as proposed by the Senate. Within the 
     funds provided, the Corps is directed to undertake the 
     following activities with the amounts allocated below:

Hurricane evacuation studies, HI...............................$500,000
Livingston Parish, LA geographic information system.............625,000
Rancocas Creek, NJ..............................................200,000
Jackson, TN geographic information system.......................250,000

       Remaining items, planning assistance to states.--The 
     conference agreement provides $5,727,000 for planning 
     assistance to states, instead of $4,650,000 as proposed by 
     the House and $7,550,000 as proposed by the Senate. Within 
     the funds provided, the Corps is directed to undertake the 
     following activities with the amounts allocated below:

Assabet River sediment remediation study, MA...................$300,000
Bartlesville, Oklahoma water study..............................100,000
Lake Rogers, Creedmoor, North Carolina water quality study.......30,000
Pike River, Wisconsin hydraulic and hydrological study...........20,000
La Mirada, California flood control and drainage study..........125,000
Memphis, Tennessee riverfront development.......................200,000
Lafayette Wabash River waterfront development, IN................50,000
Delaware recreation supply and demand study......................75,000
Delaware groundwater investigation...............................75,000
Hilo Bay, Hawaii water quality model............................125,000
Rock Creek, Kansas basin stormwater project.....................200,000
New Mexico photogrammetric mapping..............................500,000
Mangum, OK Lake Phase V study....................................50,000
Waccamaw River, SC watershed modeling............................25,000
Surfside Beach, SC stormwater drainage study.....................25,000
Stark County, OH watershed drainage basin.....................1,000,000

       New Mexico photogrammetric mapping.--The conferees have 
     provided $500,000 for New Mexico photographic mapping to be 
     conducted utilizing the Corps' Center of Expertise for 
     Photogrammetric Mapping in St. Louis, Missouri.
       Remaining items, research and development.--The conference 
     agreement includes $26,583,000 for research and development 
     activities, instead of $19,643,000 as proposed by the House 
     and $34,500,000 as proposed by the Senate. Within the funds 
     provided, the Corps is directed to undertake the following 
     activities with the amounts allocated below:

Chesapeake Bay submerged aquatic vegetation research...........$500,000
National Cooperative Modeling Demonstration Program.............500,000
Innovative technology demonstrations for urban flooding and channel 
  restoration, New Mexico and Nevada..........................1,750,000
Southwest Urban Flood Damage Program Research, New Mexico.......375,000
Collaborative Planning and Management Demonstration Program.....375,000
Advanced polymer technologies compliance activities.............500,000

       The conferees further direct the Corps to begin pilot 
     testing of rapid deployment flood walls, within available 
     funds, not later than 30 days after enactment of this Act.

                              Construction

       The conference agreement provides $2,372,000,000 for 
     Construction, instead of $1,900,000,000 as proposed by the 
     House and $2,086,664,000 as proposed by the Senate. The 
     conference agreement includes a provision as proposed by the 
     Senate that derives amounts to cover one-half of the costs of 
     construction and rehabilitation of certain inland waterways 
     projects from the Inland Waterways Trust Fund. The House bill 
     contained a provision that specified the amount to be derived 
     from the Inland Waterways Trust Fund.
       The conference agreement deletes a provision proposed by 
     the House, which would have incorporated by reference the 
     projects and activities specified in the statement of 
     managers accompanying this Act. The Senate bill contained no 
     similar provision.
       The conference agreement modifies several provisions 
     proposed by the House that set aside specific funds for the 
     various sections of the continuing authorities program. The 
     Senate bill contained no similar provisions.
       The conference agreement modifies several provisions 
     relating to specific projects as proposed in the Senate bill. 
     The House bill contained no similar provisions.
       The conference agreement includes an appropriation of 
     $35,000,000 for Modified Water Delivery for the Everglades 
     National Park. The House bill contained an appropriation of 
     $137,000,000 for the South Florida Ecosystem Everglades 
     Restoration Program, which included several other projects 
     and Modified Water Delivery. The Senate bill contained no 
     similar appropriation. Funding for the Central and South 
     Florida project, the Kissimmee River Restoration project, and 
     the Everglades and South Florida Restoration project is 
     provided as separate projects.
       The conference agreement includes a provision providing 
     funds to the City of Caliente, Nevada, to construct local 
     flood control measures.
       The conference agreement for construction is shown in the 
     following table:

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       American River watershed.--The conference agreement 
     includes a total of $28,960,000 for American River watershed 
     projects. These funds are to be available as follows:

Common features..............................................$4,405,000
Folsom Dam modifications......................................9,555,000
(Permanent dam below Folsom Dam)...........................(10,000,000)
Folsom Dam mini-raise........................................15,000,000

       Santa Ana River mainstem, California.--A total of 
     $61,650,000 is provided for the Santa Ana River mainstem in 
     California. Funds are to be distributed as delineated in the 
     House report.
       Central and South Florida.--Within the funds provided, work 
     should continue on the Upper St. Johns River project.
       Rural Idaho environmental infrastructure, Idaho.--The 
     conference agreement includes $5,000,000 for rural Idaho 
     environmental infrastructure. Within the funds provided, the 
     Corps is directed to give consideration to projects at 
     Emmett, Burley, Rupert, Bonners Ferry, Donnelly, Eastern 
     Idaho Regional Water Authority, Driggs and Smelterville. 
     Other communities that meet the program criteria may be 
     considered as funding allows.
       Olmstead Locks and Dam, Ohio River, Illinois and 
     Kentucky.--Neither funds provided for Olmstead Locks and Dam 
     project nor funds available within this account are available 
     to reimburse the Claims and Judgment Fund.
       Upper Mississippi River restoration, IL, IA, MN, MO and 
     WI.--The conference agreement includes $20,000,000 for Upper 
     Mississippi River restoration, which shall be available only 
     to continue ongoing projects and shall not be available to 
     initiate any new projects.
       Missouri fish and wildlife mitigation, IA, KS, MO, MT, NE, 
     ND, and SD.--The conference agreement includes funds for only 
     those specifically authorized Missouri fish and wildlife and 
     mitigation activities, namely along the lower Missouri River. 
     The conferees agree that the Administration should submit a 
     legislative proposal for habitat recovery for the upper 
     reaches of the river for consideration by the appropriate 
     authorizing committees before funds are expended on these 
     additional mitigation activities.
       Louisville Waterfront Park, Kentucky.--The Corps of 
     Engineers is directed to use funds appropriated in Public Law 
     107-66, Public Law 108-7 and Public law 108-137, to continue 
     with design and construction of Phase II of the Louisville 
     Waterfront Park, specifically the Big Four Bridge and Spiral.
       J. Bennett Johnston Waterway, Louisiana.--The Conferees 
     have provided $13,000,000 for navigation channel refinement 
     features, land purchases and development for mitigation of 
     project impacts, and construction of project recreation 
     features and appurtenant features.
       Chesapeake Bay environmental program, MD, PA, and VA.--
     Within the funds provided, $273,000 is included to continue 
     the environmental studies concerning non-native oysters.
       Rural Montana.--Within the funds provided, the Corps is 
     directed to give consideration to the projects at Livingston, 
     Missoula (Grant Creek), Meagher County, Stevensville, Helena, 
     Wisdom, Bigfork, Sheridan, Butte and Drummond. Other 
     communities that meet the program criteria should be 
     considered as funding allows.
       Fire Island Inlet to Montauk Point, New York.--The 
     conference agreement includes $1,075,000 for the 
     reformulation study.
       New York and New Jersey Harbor, New York and New Jersey.--
     Within the funds provided for New York and New Jersey Harbor, 
     New York and New Jersey, the conferees direct the Corps to 
     use up to $2,000,000 to plan for and enter into an agreement 
     with a state or non-Federal sponsor to develop a dredged 
     material processing facility that would accomplish the 
     objectives of reducing the cost of dredged material 
     management in the port, preparing dredged material for 
     beneficial uses, and implementing innovative dredged material 
     management technologies.
       Rural Nevada.--Within the funds provided, the Corps is 
     directed to give consideration to projects of Douglas County, 
     Battle Mountain, North Lemmon Valley, Spanish Valley Phase 
     II, Huffaker Hills Water Conservation, Lawton-Verdi, Boulder 
     City, Lyon County, Gerlach, Searchlight, Incline Village, 
     Esmeralda County, Churchill County, West Wendover, 
     Yearlington, Virgin Valley Water District, Lovelock, Lander 
     County, Round Hill Phase II and Carson City. Other 
     communities that meet the program criteria should be 
     considered as funding allows.
       Tropicana and Flamingo Washes, Nevada.--Within the funds 
     provided, $3,000,000 is provided for work performed in 
     accordance with Section 211 of Public Law 104-303.
       Wrightsville Beach, North Carolina.--Funds are provided for 
     beach restoration efforts resulting from natural erosion and 
     navigation activities.
       Ohio environmental infrastructure.--The bill provides 
     $13,000,000 for Ohio environmental infrastructure for fiscal 
     year 2006. These funds, together with $3,849,000 from Clark 
     County (Ohio) and Lower Mad River Valley Sewer Infrastructure 
     and Storm Water Management projects remaining unobligated 
     from fiscal year 2004, shall be distributed as follows:

Benton Ridge wastewater treatment..............................$500,000
Brookfield Center South sanitary sewer..........................250,000
Cambridge sewer system east of I-77.............................425,000
Cuyahoga River environmental restoration........................500,000
Elyria water treatment plant....................................200,000
Franklin County, Village of New Albany environmental restorati1,000,000
Fulton County Elmira/Burlington wastewater collection and treatm300,000
Gallia County water and sewer...................................300,000
Higginsport sanitary sewer......................................750,000
Lake County Madison Township Chapel Road Interceptor sewer......505,000
Licking County, Village of Hanover wastewater collection........325,000
Marysville water treatment facility upgrades..................1,000,000
Norwalk wastewater treatment plant..............................300,000
Rushsylvania wastewater treatment...............................500,000
Springfield Hospital water and sewer project..................3,025,000
Springfield Nextedge Technology Park water and sewer............750,000
Southern Franklin County and Northern Pickaway County sewer line 
  expansion project...........................................1,000,000
Toledo wastewater treatment plant...............................250,000
Trotwood storm drain and stream relocation......................750,000
University of Dayton, Brown and Stewart Streets water and sewe1,000,000
Village of Ottawa regional waterline............................300,000
Yellow Springs McGregor Center for Business and Education Park, water 
  and sewer.....................................................450,000
Parma water and sewer project...................................150,000
Springfield AirPark water project.............................1,500,000
Clark County Park I-675 water and sewer project.................324,000
Summit County, City of Hudson, Seasons Road sanitary sewer pump 495,000

       Southeastern Pennsylvania infrastructure program, 
     Pennsylvania.--Within the funds provided for Southeastern 
     Pennsylvania infrastructure program, the conferees have 
     provided $300,000 for Cobbs Creek Park and $300,000 for 
     Tacony Creek.
       Cheyenne River Sioux Tribe, Lower Brule Sioux, South 
     Dakota.--Within the funds provided, the conferees direct that 
     not more than $1,000,000 shall be provided for administrative 
     expenses, and that the Corps is to distribute the remaining 
     funds as directed by Title IV of the Water Resources Act of 
     1999 to the State of South Dakota, the Cheyenne River Sioux 
     Tribe and the Lower Brule Sioux Tribe.
       Columbia River fish mitigation, WA, OR and ID.--The 
     conferees have chosen not to combine the various, separately 
     authorized components of the project into a single line item 
     and believe it is prudent to maintain visibility and 
     transparency in the various project elements throughout 
     budget execution.
       Mt. St. Helens, Washington.--Additional funds have been 
     provided to initiate a general reevaluation report 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.
       Mud Mountain, Washington.--Out of the funds provided, the 
     Corps is directed to use up to $600,000 to study fish 
     passage.
       Levisa and Tug Forks and Upper Cumberland River, WV, VA and 
     KY.--The conference agreement includes $31,100,000 for Levisa 
     and Tug Forks and Upper Cumberland River, WV, VA and KY. 
     Within the amounts provided, $16,000,000 shall be for 
     elements of the project in the Commonwealth of Kentucky, 
     $5,600,000 shall be for elements within the State of West 
     Virginia and $9,500,000 shall be for Virginia elements.
       Robert C. Byrd Locks and Dam, Ohio River, West Virginia and 
     Ohio.--The conference agreement includes funds to continue 
     Jenkins preservation and contract management but excludes 
     funds for planning, engineering and design.
       Aquatic Plant Control Program.--The conference agreement 
     includes $4,000,000 for this program. Within the funds 
     provided, the conferees have provided $100,000 for Lake 
     Gaston, North Carolina, and $400,000 for Lake Champlain, 
     Vermont.
       Beneficial Uses of Dredged Material.--Within the funds 
     provided, $3,000,000 is for Morehead City, North Carolina, 
     and $200,000 for Duaphin Island, Alabama.
       Dam Safety and Seepage/Stability Corrective Program.--The 
     conference agreement includes $15,000,000, of which 
     $4,000,000 is to complete the Waterbury dam repairs in

[[Page 25179]]

     Vermont, and $600,000 is for Dover dam in Ohio.
       Shore Line Erosion Control Development and Demonstration 
     Program.--Within the funds provided, $1,725,000 shall be 
     available for the alternative sand test beach and breakwater 
     project in Florida and $1,250,000 for the Sacred Falls 
     demonstration project in Hawaii.
       Estuary Restoration Program.--The conference agreement 
     includes $1,000,000 for the estuary restoration program. The 
     Corps is directed to provide the House and Senate Committees 
     on Appropriations a spending plan for the program in fiscal 
     year 2005 and 2006 prior to the expenditure of funds.
       Tribal partnership.--Within the funds provided, $300,000 
     shall be for efforts in New Mexico and $300,000 shall be for 
     cultural resource restoration on historic Washoe lands.


                     CONTINUING AUTHORITIES PROGRAM

       The Act contains several provisions specifying the amount 
     of funds made available for each of the continuing 
     authorities programs (CAP), as proposed by the House. The 
     Senate bill contained no similar provisions.
       The conference agreement includes the following amounts for 
     each of the specific program authorities of the continuing 
     authorities program:

Section 107.................................................$12,000,000
Section 103...................................................7,000,000
Section 205..................................................40,000,000
Section 14...................................................15,000,000
Section 1135.................................................30,000,000
Section 206..................................................30,000,000
Section 204...................................................5,000,000
Section 208.....................................................300,000
Section 111.....................................................500,000

       In an effort to reduce the current backlog of CAP projects, 
     the conferees have endeavored to provide sufficient 
     appropriations to continue various Corps-initiated CAP 
     projects while also allocating funds for Congressionally-
     directed projects. For example, the conference agreement 
     includes appropriations for sections 1135 and 206 in excess 
     of the annual authorized level so as to reduce the 
     significant unfunded backlog of projects. These 
     appropriations levels are a one-time event; neither the Corps 
     nor its stakeholders should expect funding at these levels to 
     continue and should plan their programs and projects 
     accordingly.
       The conferees agree that significant management reform of 
     the CAP program is necessary. Therefore, within 60 days of 
     enactment of this Act, and annually thereafter concurrent 
     with the budget submission, the Corps is directed to submit 
     to the House and Senate Committees on Appropriations a 
     program management plan detailing the specific actions the 
     Corps will take to prioritize projects and to manage the 
     program in the future. This management plan shall include at 
     least a five-year time horizon consistent with the Five-Year 
     Comprehensive Budget Plan and may, after the initial 
     submission, be incorporated into the larger planning effort. 
     Additionally, the Corps shall provide to the House and Senate 
     Committees on Appropriations, concurrent with the annual 
     budget submission, a status report delineating all ongoing 
     projects, identifying on a project-by-project basis the 
     annual out-year budgetary requirements to complete each 
     project.
       In developing its management plan and in an effort to 
     reduce the backlog of projects, the Corps is directed to 
     prioritize projects in the following manner: first, funding 
     should be available for construction projects for which an 
     executed project cooperation agreement is in place; second, 
     funding should be available for projects with executed 
     feasibility cost sharing agreements. The conferees direct the 
     Corps to place a moratorium on the execution of any new 
     project cooperation agreements or feasibility cost sharing 
     agreements in fiscal year 2006. Work may continue on any 
     phase of a particular project as funding and priority allows, 
     but no project shall advance to the next stage during fiscal 
     year 2006 unless such project can be completed within the 
     funds specified or can advance into the design phase in 
     fiscal year 2006...
       The Corps is directed not to initiate any new project or 
     re-start a project within any CAP program in fiscal year 2006 
     unless such project is specifically named in an Energy and 
     Water Development Appropriations Act or its accompanying 
     statement of managers from fiscal year 2001 through 2006. 
     Within 60 days of enactment of this Act, the Corps shall 
     submit to the House and Senate Committees on Appropriations a 
     report detailing those CAP projects that have not been named 
     in an Energy and Water Development Appropriations Act from 
     fiscal year 2001 through 2006 or for which no funds have been 
     expended in fiscal years 2001 through 2005.
       The conferees further direct to Corps to implement 
     guidelines to require feasibility study cost sharing from 
     non-Federal sources for all CAP authorities, to be effective 
     October 1, 2006. The conferees note that this is the current 
     practice in all but the environmental authorities.
       The following table includes the name of the project, the 
     CAP authority under which the project is authorized and the 
     amount of funding included in the conference agreement:

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     TH07NO05.086
     
      

[[Page 25186]]

       Reno flood warning system.--Within the funds provided for 
     section 205, the Corps shall close out the Reno flood warning 
     system.
       Santa Venetia flood control, California.--Within the funds 
     provided for section 205, the Corps shall close out the Santa 
     Venetia flood control project.
       Stevenson Creek estuary, Florida, section 206.--The Corps 
     is directed to return funds reprogrammed from Stevenson Creek 
     estuary, Florida forthwith.
       Within the funds provided for sections of the continuing 
     authorities programs, the Corps is directed to give priority 
     consideration to the following projects:
       Section 107:
       Gustavis Harbor, AK
       Nanwalek, AK
       Woods Hole Great Harbor, MA
       Section 205:
       City of Las Vegas, NV
       Gila River, Grants and Hidalgo Counties, NM
       Elsmere, DE
       West Virginia Statewide Flood Warning System, WV
       Winnebago River Levee Improvement, IA
       Keshequa Creek, Nunda, NY
       Limestone Creek, Fayetteville, NY
       South Suburban Areas of Chicago, IL
       Upper Delaware River Watershed Flood Mitigation, NY

 Flood Control, Mississippi River and Tributaries, Arkansas, Illinois, 
       Kentucky, Louisiana, Mississippi, Missouri, and Tennessee

       The conference agreement provides $400,000,000 for Flood 
     Control, Mississippi River and Tributaries instead of 
     $290,000,000 as proposed by the House and $433,336,000 as 
     proposed by the Senate.
       The conference agreement deletes a provision proposed by 
     the House, which would have incorporated by reference the 
     projects and activities specified in the statement of 
     managers accompanying this Act. The Senate bill contained no 
     similar provision.
       The conference agreement modifies a provision proposed by 
     the Senate relating to various activities of the Yazoo Basin 
     backwater pumping plant in Mississippi. The House bill 
     contained no similar provision.
       The conference agreement deletes a provision proposed by 
     the Senate relating to the pump supply contract for the Yazoo 
     Basin, Yazoo Backwater Pumping Plant, Mississippi. The House 
     bill contained no similar provision.
       The conference agreement for projects to reduce flood 
     control in the lower Mississippi River alluvial valley below 
     Cape Giradeau, Missouri is shown in the following table:

[[Page 25187]]

     TH07NO05.087
     


[[Page 25188]]

     TH07NO05.088
     
      

[[Page 25189]]

                              Construction

       Mississippi River Levees, AR, IL, KY, LA, MS, MO and TN.--
     Additional funds have been provided to continue construction 
     of the St. Johns--New Madrid Levee Closure/Box Culvert, 
     Missouri as well as other levee items and for the Lower 
     Mississippi River Interpretive Center.
       Yazoo Basin, Backwater Pumping Plant, Mississippi.--Within 
     the funds provided, $150,000 is provided for the Teddy 
     Roosevelt Environmental Education Center.
       Yazoo Basin, Big Sunflower River, Mississippi.--The 
     conferees recognize the need to prevent erosion, reduce 
     sedimentation and head-cutting in watersheds of the Yazoo 
     Basin for purposes of improving water quality, fisheries and 
     reducing maintenance. The conferees have provided $4,000,000 
     for continued construction of the project. Within these 
     funds, not more than $1,500,000 shall be used for these water 
     quality and sediment reduction measures and $500,000 shall be 
     used for establishment of water quality reference indicators 
     for use as appropriate on Yazoo Basin Projects.

                              Maintenance

       Mississippi River Levees AR, IL, KY, LA, MS, MO and TN.--
     Additional funds have been provided for delivery of levee 
     gravel in AR, LA, MS and MO as determined by need.
       Additional funding has been provided for deferred 
     maintenance at the four Mississippi Lakes.

                       Operation and Maintenance

       The conference agreement provides $1,989,000,000 for 
     operation and maintenance, instead of $2,000,000,000 as 
     proposed by the House and $2,100,000,000 as proposed by the 
     Senate.
       The conference agreement deletes a provision proposed by 
     the House, which would have incorporated by reference the 
     projects and activities specified in the statement of 
     managers accompanying this Act. The Senate bill contained no 
     similar provision.
       The conference agreement includes several provisions 
     proposed by the Senate relating to certain projects. The 
     House bill contained no similar provisions.
       The conference agreement for operation and maintenance is 
     shown in the following table:

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[[Page 25191]]

     TH07NO05.090
     


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     TH07NO05.091
     


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     TH07NO05.096
     


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[[Page 25204]]

     TH07NO05.103
     


[[Page 25205]]

     TH07NO05.104
     
      

[[Page 25206]]

       Emergency maintenance, restoration and repairs.--The 
     conference agreement does not include a reserve fund for 
     emergency maintenance, restoration and repairs. Further, the 
     conferees direct the Corps to discontinue the practice of 
     taxing all operation and maintenance projects each year to 
     create an emergency reserve fund, from which funds have been 
     expended by the Corps without knowledge or approval from the 
     House and Senate Committees on Appropriations. Beginning in 
     fiscal year 2006, the conferees expect the Corps to allocate 
     funds by project on a quarterly basis across all its accounts 
     (as discussed earlier in this statement). This action will 
     enable the Corps to address any identified unforeseen 
     requirements, consistent with the reprogramming guidelines 
     contained in this Act. In addition, the Corps shall provide 
     to the House and Senate Committees on Appropriations within 
     30 days of enactment of this Act the definition of qualifying 
     emergencies and guidelines to reprogram funds for emergency 
     maintenance, restoration and repairs.
       Alamo Dam and Lake, Arizona.--An additional $450,000 has 
     been included to substantiate the effectiveness of the Alamo 
     Dam re-operation and to develop and implement an associated 
     adaptive management strategy.
       Dry Creek (Warm Springs) Dam, California.--The conference 
     agreement includes additional funding to complete a major 
     rehabilitation report necessary for installation of a 
     pipeline to supply cool water for rearing threatened coho 
     salmon now housed in temporary facilities at Warm Springs 
     Dam.
       Cherry Creek, Chatfield and Trinidad Lakes, Colorado.--The 
     conference agreement includes an additional $1,380,000 for 
     continued repairs at these three lakes. This action is not 
     intended to alter the Corps' lease and property 
     accountability policies. It is the conferees' understanding 
     that the State of Colorado has agreed to cost share this 
     project on a 50/50 basis, and that the Secretary is not to 
     assume, nor share in the future, the operation and 
     maintenance of these recreation facilities. Of the funds 
     provided, the Corps is directed to conduct a reallocation 
     study for the Chatfield Reservoir project.
       Intracoastal Waterway, Delaware River to Chesapeake Bay, DE 
     and MD.--Additional funds are included for maintenance costs 
     for the SR-1 Bridge.
       Miami River, Florida.--The Corps is directed to complete 
     its analysis of the Miami River maintenance project and to 
     submit the final report to the House and Senate Committees on 
     Appropriations not later than 30 days after enactment of this 
     Act.
       Apalachiacola, Chattahoochee and Flint Rivers, GA, AL and 
     FL.--The conferees understand that the State of Florida has 
     denied the Corps a State Water Quality Certification; 
     therefore, no funds are provided for dredging this waterway 
     in Florida.
       Lake Shelbyville, Illinois.-- Additional funds have been 
     provided for deferred maintenance at public use facilities.
       Saylorville Lake, Iowa.--Additional funds have been 
     provided to maintain the project's basic level of service.
       Barren River Lake, Kentucky.--Additional funds have been 
     provided for repair and upgrade of public use facilities.
       Mississippi River Gulf Outlet.--The conferees are aware of 
     current discussions among the Port of New Orleans, St. 
     Bernard Parish Administration officials and other key 
     stakeholders to confect a closure plan for the Mississippi 
     River Gulf Outlet (MRGO) to deep draft navigation and to 
     provide coastal restoration and enhanced hurricane and flood 
     protection to the residents of St. Bernard and Orleans 
     Parishes. This agreement may require a shallower depth than 
     is presently authorized. The conferees support this intiative 
     and urge the parties to reach an agreement as soon as 
     possible.
       Duluth-Superior Harbor, Minnesota and Wisconsin.--Within 
     the funds provided for Duluth-Superior Harbor, $300,000 shall 
     be available for a freshwater corrosion study.
       Albuquerque levees, New Mexico.--The conference agreement 
     includes funds to assess impacts and to make immediate 
     repairs to levees.
       Conchas Lake, New Mexico.--Additional funds have been 
     provided for rehabilitation of public use facilities.
       Upper Rio Grande Water Operations Model, New Mexico.--
     Within the funds provided, $500,000 is for New Mexico 
     photographic mapping to be conducted utilizing the Corps' 
     Center of Expertise for Photogrammetric Mapping in St. Louis.
       Garrison Dam and Lake Sakakawea, North Dakota.--Within the 
     funds provided, $250,000 shall be available for the removal 
     of noxious weeds, and $100,000 shall be for mosquito control.
       Columbia and Lower Willamette River below Vancouver, 
     Washington and Portland, Oregon.--The conference agreement 
     includes $750,000 for continued work at the Astoria Boat 
     Basin.
       Fern Ridge Dam, Oregon.--The conference agreement includes 
     funds to operate and maintain Fern Ridge Dam. The conferees 
     are aware that no additional funds are required for emergency 
     repairs at the dam as such expenses have been fully covered 
     in fiscal year 2005.
       Kinzua Dam and Allegheny Reservoir, Pennsylvania.--Within 
     the funds provided, $300,000 shall be available for 
     recreational improvements to include visitor center and 
     fishing access improvements.
       Ohio River, Pittsburgh to Huntington, Pennsylvania, West 
     Virginia and Ohio.--Within the funds provided, the Corps is 
     directed to utilize $2,500,000 in cooperation with Operation 
     Respond, a non-profit organization, to implement a 
     demonstration project developing and testing software and 
     message/alert systems for use by emergency responders as they 
     prepare for and respond to commercial transportation 
     incidents on the Nation's waterways. This project is to be 
     coordinated with the U.S. Coast Guard, commercial 
     transportation carriers, ports, emergency responders and 
     other stakeholders along this segment of the Ohio River.
       Oahe Dam, Lake Oahe, South Dakota and North Dakota.--The 
     conferees urge the Corps to take all necessary steps to 
     relocate the Cheyenne River Sioux Tribe's water intake on the 
     Missouri River to ensure continued operation of the water 
     system and an uninterrupted water supply for the Reservation.
       Whitney Lake, Texas.--Within the funds provided, not less 
     than $900,000 shall be for Ham Creek Park and not less than 
     $300,000 shall be available for Kimball Park Bend.
       Mud Mountain, Washington.--Within the funds provided, up to 
     $903,000 is available to satisfy Federal fish passage 
     obligations for the term of the cooperative agreement with 
     Puget Sound Energy.
       The Dalles Lock and Dam, Washington and Oregon.--Funds are 
     provided for Lewis and Clark activities at Celilo Park.
       Chinook, Head of Sand Island and Baker Bay, Washington.--
     The conferees note the proximity of Corps navigation 
     facilities on the Columbia River between Chinook and the Head 
     of Sand Island, Washington, and at Baker Bay, Washington, and 
     encourage the Corps of Engineers to seek ways to achieve cost 
     savings and efficiency, such as by utilizing appropriate 
     contracting methods while having these two projects be 
     considered together when seeking bids and awarding contracts.
       Remaining items, regional sediment management support 
     program.--Within the funds provided, the amounts are to be 
     allocated as follows:

Fletcher Cove, Solona Beach, California........................$300,000
Southeast Coast of Oahu, Hawaii.................................400,000
Littoral Drift Restoration Program, Benson Beach, WA..........1,584,000
Lido Key, Sarasota, and vicinity and central and southern Brevard 
  County to Dade................................................325,000
South Jetty and Clatsop Spit, Oregon............................300,000
Coastal zone mapping and imaging laser, University of Southern 
  Mississippi.................................................4,500,000

       Removal of sunken vessels.--The conference agreement 
     includes $775,000 for the removal of sunken vessels, of which 
     $275,000 shall be for the removal of the State of 
     Pennsylvania from the Christina River at Wilmington, 
     Delaware.
       Centrally-funded activities.--The conferees agree that 
     centralized management of project funds is efficient and is 
     allowed under current guidelines for certain activities. 
     These activities include, but are not limited to: the program 
     development system known as the Automated Budget System; the 
     National Recreation Reservation System; the provision of 
     uniforms for those required to wear them; the Volunteer 
     Clearinghouse; the Water Safety program; the transition from 
     government owned/contractor-operated to private ownership and 
     operation of the National Coastal Mapping Program; and the 
     Sign Standards Program. Significant cost savings can be 
     realized from funding these activities centrally by 
     withholding the necessary amounts from the affected projects' 
     appropriations prior to allocation. It is critical that cost 
     efficient management strategies, such as the above, be 
     employed by the Corps in accomplishing its mission at least 
     cost, when such strategies support the appropriated program. 
     The conferees direct the Corps of Engineers to disclose the 
     costs of these activities in its budget justifications.

                 Flood Control and Coastal Emergencies

       The conference agreement provides no appropriation for 
     Flood Control and Coastal Emergencies, as proposed by the 
     House, instead of $43,000,000 as proposed by the Senate. The 
     conferees note the significant appropriations made to the 
     Corps in fiscal years 2005 and 2006 to respond to Hurricane 
     Katrina and other natural disasters, which are available to 
     maintain its readiness posture.

                           Regulatory Program

       The conference agreement provides $160,000,000 for the 
     Regulatory Program as proposed by the House instead of 
     $150,000,000 as proposed by the Senate.
       The conferees are concerned with the growing backlog and 
     the delay in approving various permits, particularly in the 
     Jacksonville, Florida and Sacramento, California offices. 
     Accordingly, the conferees expect that not less than ten 
     percent of the increase over

[[Page 25207]]

     these offices' fiscal year 2005 district-specific allocation 
     be directed to each of these offices from the funds provided 
     above the fiscal year 2005 level.
       The conferees encourage the Army Corps of Engineers to 
     conduct a balanced and comprehensive review of the Champlin's 
     Marina Application #CENAE-R-2003-00648 for the Great Salt 
     Pond, Block Island, Rhode Island. This review should include 
     all relevant information pertaining to navigation, safety, 
     competing uses and cumulative impact on the Great Salt Pond, 
     including consideration of the Corps--permitted mooring field 
     as delineated in Army Corps Permit No. 1987-00012 issued to 
     the Town of New Shoreham in July, 1998.

                             Revolving Fund

       The conferees agree that costs of the CFO audit may be 
     funded from the revolving fund. However, given the delay in 
     award and the unknown out-year costs associated with the CFO 
     study, the conferees direct the Corps to provide the House 
     and Senate Committees on Appropriations, not later than 60 
     days after enactment of this Act, a complete scope, cost 
     allocation and out-year funding requirements of the CFO 
     study. Such analysis shall also include comparative 
     information on other Federal agencies' costs of similar CFO 
     studies. The Corps is further directed not make an award for 
     the CFO study until the House and Senate Committees on 
     Appropriations have approved the scope and cost of the 
     proposed CFO study.
       The conference agreement includes a provision that 
     prohibits the expenditure of funds from the plant replacement 
     and improvement program to rehabilitate or to abate lead and 
     asbestos from the Dredge McFarland. The House bill included a 
     similar provision that reduced funds included in title I of 
     the Act. No similar provision was included in the Senate 
     bill. The conferees are frustrated that a final report 
     required by the conference agreement accompanying the Energy 
     and Water Development Appropriations Act of 2004 detailing 
     the recommendations on investment decisions on the Corps' 
     dredge fleet has yet to be delivered to Congress. 
     Accordingly, the Corps is directed to submit the report to 
     Congress not later than 30 days after enactment of this Act, 
     after which the appropriate authorizing committees should 
     determine the appropriate Federal dredge fleet.

            Formerly Utilized Sites Remedial Action Program

       The conference agreement provides $140,000,000 for the 
     Formerly Utilized Sites Remedial Action Program as proposed 
     by both the House and Senate. The conferees direct the Corps 
     during fiscal year 2006 to prepare design specifications for 
     the Shallow Land Disposal Area, Parks Township, Pennsylvania, 
     and to complete investigations and initiate cleanup 
     expeditiously for the former Sylvania nuclear fuel site in 
     Hicksville, New York, and for the Luckey, Ohio, site.

                            General Expenses

       The conference agreement includes $154,000,000 for general 
     expenses, instead of $152,021,000 as proposed by the House 
     and $165,000,000 as proposed by the Senate. In addition, the 
     conference agreement assumes that $8,000,000 in unobligated 
     balances carried forward into fiscal year 2006, namely to 
     fund the CFO study, shall be applied to fund personnel and 
     other administrative activities, so that total appropriations 
     available in fiscal year 2006 equal the budget estimate. The 
     conference agreement stipulates that the total cost of the 
     CFO study be funded from the revolving fund.
       The amounts available for general expenses in fiscal year 
     2006 shall be available as follows:

                         GENERAL EXPENSES ($000)
------------------------------------------------------------------------
                                                               FY 2006
           Major subordinate command             FY 06  FTE   allocation
------------------------------------------------------------------------
Great Lakes & Ohio River Division.............           69       $9,561
Mississippi River Valley Division.............           73        9,589
North Atlantic Division.......................           62        9,071
Northwestern Division.........................           68        8,866
Pacific Ocean Division........................           19        3,177
South Atlantic Division.......................           63        9,264
South Pacific Division........................           62        9,900
Southwestern Division.........................           60        8,268
Headquarters..................................          402       56,852
Hydrologic Engineering Center--HQ.............            0        7,564
Hydrologic Engineer Center....................           81        7,741
Engineering Research and Development Center...            2          204
Institute for Water Resources.................           27        4,108
Finance Center................................            9          824
Program Accounts..............................  ...........       12,600
Commander's withholding.......................  ...........        4,411
                                               -------------------------
    Subtotal..................................  ...........      162,000
Use of prior year balances....................  ...........       -8,000
                                               =========================
    Total.....................................  ...........      154,000
------------------------------------------------------------------------

       The conference agreement includes the following adjustments 
     to the budget estimate:

Civil Works program accounts:
Decrease in implementing competitive sourcing...............-$2,000,000
Decrease in e-government initiatives...........................-500,000
Undistributed reduction......................................-2,000,000
Other activities.............................................+4,500,000

       The conference agreement includes a provision making 
     $4,500,000 available for analyses on water resource 
     management on a watershed or regional scale as proposed by 
     the House.
       The conferees urge the Chief Information Officer of the 
     Corps to study a program to modernize and fully integrate the 
     Corps' water management system and supervisory control data 
     acquisition program to reduce costs of the on-going 
     improvements, maintenance, and technical support and to 
     provide improved data sharing and management decision making.

      Office of the Assistant Secretary of the Army (Civil Works)

       The conference agreement includes $4,000,000 for the Office 
     of the Assistant Secretary of the Army for Civil Works as 
     proposed by the House. The Senate bill contained no similar 
     appropriation. The conferees agree with the direction of the 
     House with respect to indirect costs and the budgeting 
     thereof. The conferees further note that funding for this 
     office is within the jurisdiction of Energy and Water 
     Development Subcommittees of both the House and Senate 
     Committees on Appropriations, and none other.

                        Administrative Provision

       The conference agreement includes a provision proposed by 
     both the House and Senate relating to reception and 
     representation expenses and the replacement and hire of 
     passenger motor vehicles.

                           General Provisions

                       Corps of Engineers--Civil

       The conference agreement modifies a provision proposed by 
     the House relating to reprogramming. The Senate bill 
     contained no similar provision. Reprogrammings are discussed 
     in greater detail earlier in this statement of managers.
       The conference agreement includes a provision proposed by 
     the Senate relating to credits and reimbursements. The House 
     bill contained no similar provision.
       The conference agreement modifies a provision proposed by 
     the House relating to the Muskingum Watershed in Ohio. The 
     Senate bill contained no similar provision.
       The conference agreement includes a provision as proposed 
     by the Senate relating to Civil Works functions. The House 
     bill contained no similar provision.
       The conference agreement includes a provision as proposed 
     by the Senate relating to St. George's Bridge, Delaware. The 
     House bill contained no similar provision. 
       The conference agreement deletes language proposed by the 
     House relating to continuing contracts and includes a 
     provision that limits the availability of funds for certain 
     continuing contracts authorized by section 206 of the Water 
     Resources Development Act of 1999 (33 U.S.C. 2331). The 
     Rivers and Harbors Appropriations Act of 1922 (33 U.S.C. 621) 
     provides authority for the Corps of Engineers to use 
     continuing contracts for ``public work on canals, rivers, and 
     harbors adopted by Congress.'' Section 206 of the Water 
     Resources Development Act of 1999 (33 U.S.C. 2331) requires 
     the use of a continuing contract for a certain set of water 
     resources projects, i.e., those for which initiation of 
     construction has occurred (defined as the date of enactment 
     of an Act that appropriates funds for the project in one of 
     three appropriations accounts: Construction, General; 
     Operation and Maintenance, General; and Flood Control, 
     Mississippi River and Tributaries). The conference agreement 
     narrows the applicability of Section 206 of the Water 
     Resources Development Act of 1999, so that the Corps is only 
     required to use continuing contracts for projects that are 
     funded under the Operation and Maintenance account and the 
     Operation and Maintenance subaccount of the Flood Control, 
     Mississippi River and Tributaries account. The permissive 
     authority established in Rivers and Harbors Appropriations 
     Act of 1922 remains unaltered, so the Corps may use, but is 
     not required to use, continuing contracts.
       The Assistant Secretary of the Army for Civil Works may 
     approve the use of continuing contracts in limited 
     circumstances. The Assistant Secretary for Civil Works shall:
       (1) Provide within 60 days of enactment of this Act to the 
     House  and Senate Committees on Appropriations a report 
     identifying all existing continuing contracts and the 
     amounts, by fiscal year, of the out-year funding 
     requirements; and
       (2) Provide a quarterly update to the report identified 
     above in item (1).

     In the execution of any new continuing contract or 
     modifications to an existing continuing contract, the Corps 
     shall not commit an amount in excess of the amounts 
     appropriated for such project in this Act or otherwise 
     available for the project, as provided in sections 101 and 
     105 of this Act. The conference agreement affirms the 
     management reforms undertaken by the Corps and the directions 
     of the House relating to management and execution of 
     continuing contracts.
       The conference agreement includes a provision as proposed 
     by the Senate relating to Chief of Engineers reports. The 
     House bill contained no similar provision.
       The conference agreement modifies a provision as proposed 
     by the House relating to continuing contracts. The Senate 
     bill contained no similar provision.
       The conference agreement includes a provision as proposed 
     by the Senate relating to transmittal of certain reports of 
     the Chief of Engineers. The House bill contained no similar 
     provision.

[[Page 25208]]

       The conference agreement modifies a provision proposed by 
     the Senate relating to Baltimore Metropolitan Water 
     Resources-Gwynns Falls Watershed. The House bill contained no 
     similar provision.
       The conference agreement includes a provision relating to 
     New York and New Jersey Harbor as proposed by the House. The 
     Senate bill contained no similar provision.
       The conference agreement includes a provision relating to 
     Marmet Lock, Kanawha River, West Virginia, as proposed by the 
     Senate. The House bill contained no similar provision.
       The conference agreement includes a provision relating to 
     Truckee Meadows Flood Control Project, Nevada.
       The conference agreement includes a provision relating to 
     Lake Cumberland, Kentucky, as proposed by the Senate. The 
     House bill contained no similar provision.
       The conference agreement includes a provision relating to 
     Lower Las Vegas Wash, Nevada, as proposed by the Senate. The 
     House bill contained no similar provision.
       The conference agreement includes a provision relating to 
     Yazoo Basin, Big Sunflower River, Mississippi, as proposed by 
     the Senate. The House bill contained no similar provision.
       The conference agreement includes a provision relating to 
     Lower Mississippi River Museum and Interpretive Site, 
     Mississippi, as proposed by the Senate. The House bill 
     contained no similar provision.
       The conference agreement includes a provision relating to 
     the Central New Mexico project, as proposed by the Senate. 
     The House bill contained no similar provision.
       The conference agreement includes a provision relating to 
     Los Angeles Harbor, California, as proposed by the Senate. 
     The House bill contained no similar provision.
       The conference agreement includes a provision relating to 
     Alpine, California, as proposed by the Senate. The House bill 
     contained no similar provision.
       The conference agreement modifies a provision proposed by 
     the Senate relating to a biological opinion in New Mexico. 
     The House bill contained no similar provision.
       The conference report includes a provision relating to 
     Bluestone, West Virginia, as proposed by the Senate. The 
     House bill contained no similar provision.
       The conference agreement includes a provision relating to a 
     wastewater infrastructure project in DeSoto County, 
     Mississippi.
       The conference agreement includes a provision relating to a 
     flood control project in Las Vegas Wash and Tributaries, 
     Nevada.
       The conference agreement includes a provision relating to 
     Lake Michigan Waterfront and related areas, Lake and Porter 
     Counties, Indiana.
       The conference agreement includes a provision relating to 
     Chesapeake Bay oyster restoration.
       The conference agreement includes a provision relating to a 
     flood control project at Little Calumet River, Indiana.
       The conference agreement includes a provision relating to 
     the American River watershed in California. This section adds 
     new language to previously authorized flood damage reduction 
     work at Folsom Dam and encourages the joint efforts currently 
     being pursued by the Corps of Engineers, Bureau of 
     Reclamation, the State of California, and the Sacramento 
     Flood Control Agency (SAFCA) to address both flood damage 
     reduction and dam safety needs at Folsom Dam, California. It 
     also clarifies language in the fiscal year 2004 Energy & 
     Water Development Appropriations Act regarding the new bridge 
     below Folsom Dam. This bridge is an integral and necessary 
     component of any flood damage or dam safety work that is to 
     be accomplished at the dam. The Corps of Engineers has 
     primary federal responsibility for the bridge but the Bureau 
     of Reclamation, which operates Folsom Dam, also plays an 
     integral role. The two agencies must work cooperatively to 
     implement the work in a timely manner. Subsection (a) directs 
     the Corps of Engineers and Bureau of Reclamation to 
     coordinate technical reviews, joint planning, and preliminary 
     design work for flood damage reduction improvements and dam 
     safety needs at Folsom Dam and Reservoir. Subsections (b) and 
     (c) clarify congressional intent by designating the Corps as 
     the federal agency responsible for implementing the bridge 
     and specifying that any additional funding requirement 
     associated with converting the bridge from a temporary 
     structure to a permanent one is to be a federal 
     responsibility. This is in recognition of the fact that the 
     road currently on top of Folsom Dam, which has been open for 
     public use for most of the time since the dam was 
     constructed, will ultimately be closed permanently for 
     security reasons. Subsection (d) allows ``902'' cost increase 
     provisions to apply to bridge costs just as it does for any 
     other Corps project. This normal and customary application of 
     existing law, when applied to the original costs cited in the 
     fiscal year 2004 Act and updated to current conditions, will 
     increase amounts available for estimates of both temporary 
     and permanent bridge costs. Subsection (e) directs the Corps 
     and the Bureau to proceed with expedited construction of the 
     bridge and associated roadways, and encourages the Corps to 
     make efforts to implement and project in a manner that is 
     compatible with future improvements for flood control. The 
     conferees understand that related efforts are underway to 
     address potential structural changes to Folsom Dam to address 
     flood control and dam safety concerns; however, these related 
     efforts should not needlessly delay timely construction of 
     the bridge/roadway project. If modifications to the completed 
     bridge/roadway project are deemed necessary to accomplish 
     flood control and dam safety objectives, Congress will 
     authorize modifications to the project that may be necessary. 
     The conferees direct both the Corps and the Bureau to work 
     expeditiously to complete reviews, approvals and other 
     administrative actions that may be necessary to expedite this 
     work, including providing necessary easements and rights-of-
     way. A reporting requirement is included in subsection (f).
       The conference agreement includes a provision relating to 
     Jacksonville Harbor, Florida.
       The conference agreement includes a provision relating to 
     environmental infrastructure in the State of Ohio.
       The conference agreement includes a provision relating to 
     Onondaga Lake, New York.
       The conference agreement includes a provision relating to 
     White River Basin, Arkansas.
       The conference agreement includes a provision relating to 
     the Calcasieu ship channel, Louisiana.
       The conference agreement includes a provision relating to a 
     flood damage reduction project at Johnson Creek, Texas.
       The conference agreement includes a provision relating to 
     previously appropriate funds for Hudson River, Athens, New 
     York.
       The conference agreement includes a provision relating to 
     the Corps of Engineers district office in Charleston, South 
     Carolina.
       The conference agreement includes a provision relating to 
     the Louisville, Kentucky Waterfront Park.
       The conference agreement includes a provision relating to a 
     navigation project in Akutan, Alaska.
       The conference agreement includes a provision relating to 
     Poplar Island, Maryland.
       The conference agreement deletes a provision relating to a 
     disposal barrier in Vermont and New York.
       The conference agreement deletes several provisions 
     relating to the Missouri and Middle Mississippi Rivers 
     Enhancement Project.
       The conference agreement deletes a provision proposed by 
     the Senate relating to Lower Mud River, Milton, West 
     Virginia. The House bill contained no similar provision.
       The conference agreement deletes a provision proposed by 
     the Senate relating to regulatory permitting.

                  TITLE II--DEPARTMENT OF THE INTERIOR

                Central Utah Project Completion Account

       The conference agreement includes a total of $32,614,000 as 
     proposed by both the House and the Senate. Within the funds 
     appropriated, the conference agreement includes $31,668,000 
     for Central Utah project construction; $946,000 for fish, 
     wildlife, and recreation mitigation and conservation; and 
     $1,736,000 for program oversight and administration.

                         Bureau of Reclamation

                      Water and Related Resources

       The conference agreement includes an appropriation of 
     $883,514,000 for water and related resources, instead of 
     $832,000,000 as proposed by the House and $899,569,000 as 
     proposed by the Senate. The conference agreement deletes 
     provisions proposed by the Senate relating to the Snyderville 
     Basin Water Supply Study Special Report in the State of Utah. 
     The House bill contained no similar provision.
       The conference agreement for water and related resources is 
     shown in the following table:

[[Page 25209]]

     TH07NO05.105
     


[[Page 25210]]

     TH07NO05.106
     


[[Page 25211]]

     TH07NO05.107
     


[[Page 25212]]

     TH07NO05.108
     


[[Page 25213]]

     TH07NO05.109
     


[[Page 25214]]

     TH07NO05.110
     


[[Page 25215]]

     TH07NO05.111
     


[[Page 25216]]

     TH07NO05.112
     


[[Page 25217]]

     TH07NO05.113
     


[[Page 25218]]

     TH07NO05.114
     


[[Page 25219]]

     TH07NO05.115
     
      

[[Page 25220]]

       Central Arizona project, Arizona.--The conference agreement 
     includes additional funds to continue a biological assessment 
     or other appropriate evaluation of environmental impact from 
     the potential diversions of flow from the Gila River 
     consistent with the terms of the consumptive use and 
     forbearance agreement ratified by Congress in the Arizona 
     Water Settlements Act in order to receive a biological 
     opinion or other appropriate determination by December 2008.
       Colorado Front Work and Levee System, Arizona.--The 
     conferees have provided additional funds for continued work 
     on the regulating reservoirs on the All American Canal and 
     for initiation of appropriate studies to determine if 
     additional capacity can be economically realized behind 
     Laguna Dam if sediment is removed. The conferees understand 
     that these projects have the potential of saving as much as 
     300,000 acre-feet of Colorado River System water that would 
     otherwise be over-delivered to Mexico. Because of the 
     potential for such water savings (essentially Nevada's entire 
     annual share of Colorado River Water), the conferees strongly 
     recommend that Reclamation proceed aggressively with this 
     work and to reflect the urgency of completing these projects 
     in future budget requests. Because the regulating reservoir 
     and Laguna Dam sediment removal provide needed improvements 
     in river control, management and river system efficiencies, 
     all of which are Federal responsibilities, the conferees 
     believe that they should be undertaken at full Federal 
     expense.
       Within the funds provided, the conference agreement 
     includes $4,750,000 to continue planning and design of 
     regulating reservoirs near the All American Canal.
       South/central Arizona investigations program.--Within the 
     funds provided, $109,000 is available to complete the final 
     report of phase II of the central Arizona salinity study and 
     $250,000 for the West Salt River Management Study.
       Yuma area projects, Arizona and California.--The conference 
     agreement includes $22,019,000 for the Yuma area projects in 
     Arizona and California. Within the funds provided, $500,000 
     is available for renovation and refurbishment of the City of 
     Needles, California Bureau Bay Reclamation Project site.
       Cachuma Project, California.--$500,000 is provided for the 
     Lake Cachuma Water and Sewerage Plant.
       Central Valley Project, California.--Auburn/Folsom South 
     Unit, California.--The Auburn-Folsom South Unit was 
     authorized for construction by Congress by the Act of 
     September 2, 1965, P.L. 89-161, 79 Stat. 615. No construction 
     on Auburn Dam has occurred since August of 1975. The costs 
     and associated benefits of the Auburn-Folsom South Unit were 
     last calculated in 1962. To determine whether a full 
     feasibility study is warranted, these values must be updated 
     to current levels. The conference agreement includes 
     $1,000,000 for the Bureau of Reclamation to complete a 
     special report to udpate the analysis of costs and associated 
     benefits of the Auburn-Folsom South Unit of the Central 
     Valley Project. The report is due to committees of 
     jurisdiction by August 30, 2006.
       American River Division.--Within the funds provided, 
     $1,000,000 shall be available for the El Dorado Temperature 
     Control Device.
       Friant Division.--$200,000 has been provided for appraisal 
     level studies of the Madera Irrigation District Water Supply 
     Enhancement and $200,000 is provided for the Semitropic 
     Groundwater Storage Project.
       Miscellaneous project programs.--Additional funds above the 
     budget request are provided to complete phase II of the 
     Kaweah River Delta Corridor Enhancement Study ($63,000) and 
     $2,000,000 is provided for the Sacramento Valley Water 
     Management Program, which shall be made available for a 
     cooperative agreement or agreements with the Northern 
     California Water Association or its member agencies for the 
     completion of the necessary environmental documents, and 
     development and implementation of projects in support of the 
     Sacramento Valley Management Plan, including those projects 
     that will integrate the Lower Tuscan Groundwater Formation 
     into the Sacramento Valley surface water system through 
     conjunctive water management.
       Sacramento River Division.--Additional funds above the 
     budget request are provided to complete the Glen Colusa 
     Irrigation District Fish Screen Improvement Project.
       Trinity River Division.--The conference agreement provides 
     $500,000 above the budget request for the Fishery Restoration 
     program. These funds are to be used in concert with the 
     $2,000,000 provided in the Central Valley Project Restoration 
     Program to meet Federal trust responsibilities to protect the 
     fishery resources of the Hoopa Valley Tribe. The Commissioner 
     is urged to continue to support a Co-Management Agreement 
     between the Hoopa Valley Tribe and the Bureau of Reclamation.
       In addition, the conferees have provided $500,000 for the 
     acquisition and/or modification of floodplain structures 
     necessary for release of 11,000 cubic feet per second in an 
     extremely wet water year.
       Salton Sea research project.--The conference agreement 
     includes $4,828,000 for the Salton Sea research project, 
     including $1,500,000 to continue environmental restoration 
     efforts at the Alamo and New Rivers, and for other authorized 
     pilot projects. The Bureau is encouraged to work jointly with 
     the Salton Sea Authority and assist the Authority in running 
     its own pilot projects.
       Southern California investigations program.--The conference 
     agreement includes $766,000 for the Southern California 
     investigations program. Within the funds provided, $100,000 
     has been included to assist the Western Municipal Water 
     District in general planning and associated environmental 
     compliance activities related to the Riverside-Corona Feeder 
     project; $300,000 to assist the Lake Arrowhead Community 
     Services District to develop a groundwater management plan; 
     and $100,000 to assist the City of Apple Valley, California 
     to develop an appraisal study of the water reclamation 
     portion of the City of Apple Valley's sewage treatment and 
     reclamation project.
       Lahontan Basin Project, Nevada.--The conferees have learned 
     that dam safety issues have arisen concerning Tahoe Dam. As 
     this dam provides more than 70 percent of the water supply 
     for the area, it is imperative that safety remediation 
     activities be undertaken as soon as possible. The conferees 
     understand that preliminary investigations are underway and 
     will be continued with budgeted funds in fiscal year 2006. 
     The conferees expect Reclamation to ask for the appropriate 
     funding level in the fiscal year 2007 budget to address 
     safety issues.
       Middle Rio Grande Project, New Mexico.-- The conferees 
     support the reorganization of the Endangered Species Act 
     Collaborative Program resulting in the Army Corps of 
     Engineers, in collaboration with the Fish and Wildlife 
     Service, taking responsibility to provide the administrative 
     support for the program and the Army Corps of Engineers 
     taking responsibility to meet the Reasonable and Prudent 
     Alternative of the 2003 Biological Opinion required by 
     section 205 of Public Law 108-447 (118 Stat 2949) other than 
     the water acquisition and management functions set out in the 
     Reasonable and Prudent Alternative. Additionally, the Army 
     Corps of Engineers will assume responsibility for providing a 
     detailed spending plan for fiscal year 2006 funds to the 
     House and Senate Appropriations Committees for approval; 
     complete the baseline Long-Term Plan and complete the 
     Programmatic Environmental Impact Statement before the end of 
     fiscal year 2006. The Bureau of Reclamation retains 
     responsibility to meet the Reasonable and Prudent Alternative 
     regarding water acquisition and management, including 
     acquisition of water to meet the flow requirements 
     articulated in the 2003 Biological Opinion and development of 
     a long-term plan to meet these flow requirements. The 
     conferees expect the Bureau of Reclamation to facilitate a 
     smooth transition of administrative functions for the program 
     to the Army Corps of Engineers and the Fish and Wildlife 
     Service within three months of the beginning of fiscal year 
     2006. Of the total $28,076,000 provided for the Middle Rio 
     Grande Project, the conferees have provided $12,900,000 for 
     the collaborative program. Of these funds, the Bureau of 
     Reclamation is provided $5,000,000 for water acquisition and 
     associated administrative support within the Bureau; the 
     Bureau is to transfer $7,500,000 to the Army Corps of 
     Engineers to fund population management, habitat restoration, 
     water management studies, fish passage and river 
     connectivity, minnow management, water quality, science and 
     monitoring, biological opinion monitoring, and program 
     management to meet the 2003 Biological Opinion Reasonable and 
     Prudent Alternatives; and to provide $400,000 to the Fish and 
     Wildlife Service for program management support. The cost-
     share requirements of the program remain 75 percent Federal/
     25 percent non-Federal for all activities except water 
     acquisition and program administration. Non-Federal cost 
     share may be provided through in-kind services and 
     participation on the administration team. The conferees have 
     provided $1,000,000 above the request for the further 
     refinement of the Upper Rio Grande Water Operations Model in 
     collaboration with the Army Corps of Engineers, Sandia 
     National Laboratories and the other partners. Additionally, 
     $2,000,000 is provided for completion of construction and 
     initial operation of the off-channel sanctuary authorized 
     under section 6014 of Public Law 109-13.
       Deschutes ecosystem restoration project, Oregon.--The 
     conferees have provided $1,000,000 to continue this project.
       Northern Utah investigations program, Utah.--Additional 
     funds are for the Rural Water Technology Alliance.
       Washington investigations program, Washington.--Within the 
     funds provided, $118,000 is for the Odessa Sub Area study, 
     and $50,000 is for the West Canal study.
       Colorado River Basin Salinity Control Project, Title I.--
     The conferees note that weather modification is but one way 
     to augment and maximize flows in the river, and direct the 
     Department of the Interior and the Bureau to begin processes 
     to produce augmentation strategies.
       The conferees understand that Reclamation has initiated a 
     public process to solicit information about potential methods 
     to recover or replace agricultural return flows from the 
     Wellton-Mohawk Irrigation and Drainage District that bypass 
     the Colorado River and are discharged to the Cienega de

[[Page 25221]]

     Santa Clara in Mexico (bypass flows). The U.S. has bypassed 
     highly saline agricultural return flows to the Cienega to 
     help meet Colorado River water quality obligations to Mexico. 
     However, the bypass flows are not included in the 1.5 million 
     acre-feet of water that the U.S. is required to deliver 
     annually to Mexico. Consequently, system storage from the 
     Colorado River has been used to make up for the bypass flow. 
     The current drought and projected long-term water demands 
     have heightened concern about this demand on the river 
     system. The Yuma Desalting Plant was originally constructed 
     to recover part of the bypass flows and return them to the 
     river. Various other methods for recovering or replacing the 
     flows have been proposed including options that address 
     potential impacts to the wetlands in the Cienega de Santa 
     Clara. The conferees believe that this public process is a 
     positive step in attempting to address this complex 
     hydrologic problem and encourage Reclamation to continue this 
     stakeholder process. Recognizing that the Yuma Desalting 
     Plant may be one part of the solution to the return flow 
     issue, the conferees believe that it is prudent to reiterate 
     the direction from previous Acts that sufficient resources be 
     dedicated to the Yuma Desalting Plant so that one-third 
     operational capacity may be achieved by the end of calendar 
     year 2006.
       El Paso, Water Reclamation and Reuse, Texas.--The 
     conference agreement includes $103,000 to complete the 
     project as currently authorized.
       Native American Affairs program.--Additional funds provided 
     above the budget request are for continued work on the AAMODT 
     settlement.
       Research and development, desalination research and 
     development program.--The conferees urge the Bureau of 
     Reclamation to place a higher priority on desalination 
     activities in future budgets given the importance of 
     sustainable water supplies to the West and to other regions 
     of the country. The conference agreement provides $7,000,000 
     for the completion of construction of the Tularosa Basin 
     Desalination Facility, New Mexico, and initial operation. 
     Upon completion of the facility, the Bureau is directed to 
     select an organization to operate the facility under Bureau 
     direction. In this selection, the Bureau should give priority 
     to local educational institutions with expertise, do not need 
     to relocate and have on-going water research activities.
       Title XVI, Water Reclamation and Reuse.--The conference 
     agreement includes $3,729,000 for this program, of which 
     $2,500,000 shall be for the WateReuse Foundation. These funds 
     shall be available to support the Foundation's research 
     priorities.
       Departmental irrigation program.--The conference agreement 
     provides $1,818,000 for this program, of which $150,000 shall 
     be for the Uncompaghre selenium control project and 
     $1,668,000 for irrigation modernization activities for 
     Elephant Butte Irrigation District.
       Water 2025.--The conferees have included $1,000,000 to 
     provide for continued efficiency and water improvements 
     related to the Middle Rio Grande Conservancy District and 
     $1,000,000 for work related to water efficiency and supply 
     supplementation in the Pecos consistent with the partnership 
     between the Carlsbad Irrigation District and the New Mexico 
     Interstate Stream Commission. A critical component of 
     reducing tension among multiple water users is collaborative 
     planning and joint operations. Within the funds provided, 
     $2,000,000 is for the Desert Research Institute to address 
     water quality and environmental issues in ways that will 
     bring industry and regulators to mutually acceptable answers. 
     Funding of $1,000,000 for the alliance with the International 
     Center for Water Resources Management at Central State 
     University, OH, is also provided herein.
       Building and site security.--The conference agreement 
     includes $40,000,000 for building and site security 
     activities, as proposed by the House, instead of $50,000,000 
     as proposed by the Senate. The amount provided recognizes 
     that the Bureau of Reclamation is expected to receive 
     approximately $10,000,000 in reimbursements for additional 
     security guards and patrols, which are considered project O&M 
     costs. The conferees agree, however, that all project 
     beneficiaries that benefit from an enhanced security posture 
     at the Bureau's facilities should pay a share of the security 
     costs. Accordingly, the Bureau is directed to provide to the 
     House and Senate Committees on Appropriations, not later than 
     60 days after the enactment of this Act, a delineation of 
     planned reimbursable security costs by project pro-rated by 
     all project purposes.
       Water conservation field service program.--Within the 
     amounts provided, $1,000,000 shall be allocated for the Many 
     Farms Irrigation Water Conservation project; $300,000 shall 
     be allocated for urban water conservation projects identified 
     through the Metropolitan Water District of Southern 
     California Innovative Conservation Program; and $100,000 
     shall be allocated to initiate a study to identify concurrent 
     and overlapping government programs aimed at improving water 
     resource efficiency.

                Central Valley Project Restoration Fund

       The conference agreement provides $52,219,000 for the 
     Central Valley Project Restoration Fund as proposed by both 
     the House and the Senate.

                   California Bay--Delta Restoration


                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement includes $37,000,000 for the 
     CalFed Delta Restoration program, as proposed by the Senate, 
     instead of $35,000,000 as proposed by the House.
       The funds provided are intended to support the following 
     activities, as delineated below:

Environmental water account..................................$8,800,000
    CALFED 180 Day Study......................................(500,000)
Storage program..............................................11,500,000
    San Joaquin River basin.................................(4,000,000)
    Los Vaqueros............................................(3,200,000)
    Shasta enlargement......................................(4,000,000)
    Sites.....................................................(300,000)
Conveyance....................................................4,800,000
    San Luis Reservoir Low Point............................(2,000,000)
    Frank Tract...............................................(500,000)
Planning and management activities..............................500,000
Water use efficiency..........................................5,900,000
    Westside regional drainage program......................(1,650,000)
    Butte County Groundwater Model............................(250,000)
    Inland Empire Utilities Agency regional water recycling (1,000,000)
Ecosystem restoration.........................................2,500,000
    Sacramento River small diversion fish screen program......(500,000)
Water Quality: Contra Costa Water District alternative intake 2,000,000
Science program: Interagency ecological program...............1,000,000
                                                       ________________
                                                       
    Total, California Bay-Delta Restoration..................37,000,000

       CALFED 180 Day Study.--The conference agreement includes 
     $500,000, to be transferred to the Corps of Engineers, which 
     shall be available to complete a report describing the 
     Federal levee stability reconstruction projects and 
     priorities that will be carried out through 2010. The 
     conferees expect the Corps to budget appropriately for these 
     activities in future budget submissions.

                       Policy and Administration

       The conference agreement includes $57,917,000 for policy 
     and administration as proposed by both the House and the 
     Senate.

                        Administrative Provision

       The conference agreement includes a provision limiting the 
     purchase of not to exceed 14 passenger vehicles, as proposed 
     by both the House and the Senate.

                           General Provisions

                       Department of the Interior

       The conference agreement includes a provision regarding the 
     San Luis Unit and Kesterson Reservoir in California, as 
     proposed by both the House and the Senate.
       The conference agreement includes a provision prohibiting 
     the use of funds for any water acquisition or lease in the 
     Middle Rio Grande or Carlsbad Projects in New Mexico unless 
     the acquisition is in compliance with existing state law and 
     administered under state priority allocation. This provision 
     was contained in both the House and Senate bills.
       The conference agreement includes a provision proposed by 
     the House relating to agreements with the City of Needles, 
     California or the Imperial Irrigation District for the design 
     and construction of stages of the Lower Colorado Water Supply 
     Project. No similar provision was contained in the Senate 
     bill.
       The conference agreement includes a provision as proposed 
     by the Senate related to drought emergency assistance. No 
     similar provision was contained in the House bill.
       The conference agreement modifies a provision proposed in 
     the Senate bill relating to Water 2025. The House bill 
     contained no similar provision.
       The conference agreement deletes a provision related to the 
     Rio Grande Collaborative Water Operations Team.
       The conference agreement modifies a provision proposed by 
     the Senate relating to the Desalination Act. The House bill 
     contained no similar provision.
       The conference agreement includes a provision as proposed 
     by the Senate relating to Animas-La Plata. The House bill 
     contained no similar provision.
       The conference agreement includes a provision proposed by 
     the Senate relating to Desert Terminus Lakes. The House bill 
     contained no similar provision.
       The conference agreement includes a provision relating to a 
     special report to update the analysis of costs and associated 
     benefits of the Auburn-Folsom South Unit, Central Valley 
     Project, California.
       The conference agreement deletes a provision proposed by 
     the Senate relating to Humbolt Project Title transfer.
       The conference agreement deletes a provision proposed by 
     the Senate relating to a feasibility study for Norman, 
     Oklahoma.
       The conference agreement deletes a provision relating to 
     Animas-La Plata.

[[Page 25222]]



                    TITLE III--DEPARTMENT OF ENERGY

       The summary tables at the end of this title set forth the 
     conference agreement with respect to the individual 
     appropriations, programs, and activities of the Department of 
     Energy. Additional items of conference agreement are 
     discussed below. The allocations for specific projects and 
     earmarks that were provided in the separate House and Senate 
     reports are superceded by this conference report. Other 
     programmatic guidance and reporting requirements identified 
     in the separate House and Senate reports remain effective 
     unless modified by the conference report.
       The conferees are aware that the Energy Policy Act of 2005 
     (Public Law 109-58) imposed a number of new requirements on 
     the Department. Unfortunately, these requirements were not 
     included in the fiscal year 2006 budget request nor in the 
     conference allocation. For urgent needs associated with the 
     Energy Policy Act of 2005, the Department should submit a 
     reprogramming request to the House and Senate Committees on 
     Appropriations. The conferees expect the Department to budget 
     fully for these new requirements in the fiscal year 2007 
     request.


                 SPECIAL NUCLEAR MATERIAL CONSOLIDATION

       The conferees support the House language regarding the 
     complex wide consolidation of special nuclear materials 
     (SNM). The conferees are disappointed with the lack of 
     urgency demonstrated by the Department when it comes to 
     addressing the security and cost liability of having 
     significant quantities of special nuclear materials at 
     multiple departmental facilities across the complex. 
     Unfortunately, the Department has indicated that it will not 
     be able to bring all of its facilities and operations into 
     compliance with the latest Design Basis Threat until 2008. 
     This delay is unacceptable. With the MOX project starting 
     construction at the Savannah River Site, the Department 
     should move forward aggressively to develop a complex wide 
     plan to achieve the significant cost and security benefits of 
     material consolidation. The conferees direct the Secretary of 
     Energy to provide a report to the Committees on 
     Appropriations on the nuclear material consolidation 
     activities, including detailed cost, scope, and schedule of 
     consolidation activities, and facilities targeted for 
     deinventorying of SNM and sites and facilities available to 
     support the consolidation mission. The report to the 
     Committees is due by July 1, 2006.


                        CONGRESSIONAL DIRECTION

       The conferees support the House language requiring the 
     Secretary to submit to the House and Senate Committees on 
     Appropriations, Subcommittee on Energy and Water, a quarterly 
     report on the status of all projects, reports, fund 
     transfers, and other actions directed in the separate House 
     and Senate reports for fiscal year 2006 and in this 
     conference agreement.


                          BUDGET REQUIREMENTS

       The conferees agree with the House language regarding 
     budget justification requirements and five-year budget 
     planning.


                 SAFEGUARDS AND SECURITY IMPLEMENTATION

       The conferees agree with the House report language 
     regarding problems with the Design Basis Threat (DBT) for DOE 
     sites. The conferees expect the Department to adopt a 
     postulated threat, a DBT, and a DBT implementation strategy 
     that is consistent with that used by other federal agencies.


                        AUGMENTING FEDERAL STAFF

       The conferees continue to be concerned about the numbers of 
     management and operating contractor employees assigned to the 
     Washington metropolitan area. However, the conferees do not 
     impose a numerical ceiling for fiscal year 2006, as has been 
     the case in previous fiscal years. Instead, the conferees 
     expect the Secretary and the responsible program offices to 
     manage this issue closely and avoid excessive growth in the 
     number of contractor personnel assigned to the Washington 
     area. The conferees maintain the reporting requirements 
     contained in the House report.


          LABORATORY DIRECTED RESEARCH AND DEVELOPMENT (LDRD)

       The conferees are concerned with the level of overhead 
     charges applied to programs funded in this bill and urge the 
     Department to continue to work to minimize the overhead 
     burden on all program activities. In order to ensure an 
     equitable allocation of overhead costs the Secretary should 
     apply overhead charges to LDRD activities consistent with 
     cost accounting practices applied to program activities that 
     are direct funded. The conference agreement increases the 
     allowable percentage for LDRD, PDRD and SDRD activities to 
     allow this accounting change without harming the underlying 
     discretionary research activities. The change in accounting 
     practices should be implemented with no net reduction in LDRD 
     levels below 6 percent of the funds provided by the 
     Department of Energy to such labs for national security 
     activities and 2 percent for PDRD and SDRD activities at the 
     appropriate plants and sites. Within 90 days after the date 
     of enactment of this Act, the Secretary of Energy shall 
     submit a report to the Committees on Appropriations detailing 
     how the accounting change will be implemented without 
     impacting the basic research and the change shall be 
     implemented within 180 days of enactment.


            EQUAL EMPLOYMENT OPPORTUNITY AT DOE LABORATORIES

       Based on the recommendations of the GAO report (GAO-05-190) 
     regarding equal employment opportunity within the Department 
     of Energy, the conferees direct the Department of Energy to 
     determine the causes of such disparities and take necessary 
     corrective steps to address the problems identified.


                        REPROGRAMMING GUIDELINES

       The conferees require the Department to inform the 
     Appropriations Committees promptly and fully when a change in 
     program execution and funding is required during the fiscal 
     year. To assist the Department in this effort, the following 
     guidance is provided for programs and activities funded in 
     the Energy and Water Development Appropriations Act.
       Definition.--A reprogramming includes the reallocation of 
     funds from one activity to another within an appropriation, 
     or any significant departure from a program, project, or 
     activity described in the agency's budget justification as 
     presented to and approved by Congress. For construction 
     projects, a reprogramming constitutes the reallocation of 
     funds from one construction project identified in the 
     justifications to another project or a significant change in 
     the scope of an approved project.
       Criteria for Reprogramming.--A reprogramming should be made 
     only when an unforeseen situation arises, and then only if 
     delay of the project or the activity until the next 
     appropriations year would result in a detrimental impact to 
     an agency program or priority. Reprogrammings may also be 
     considered if the Department can show that significant cost 
     savings can accrue by increasing funding for an activity. 
     Mere convenience or preference should not be factors for 
     consideration.
       Reprogrammings should not be employed to initiate new 
     programs or to change program, project, or activity 
     allocations specifically denied, limited, or increased by 
     Congress in the Act or this statement. In cases where 
     unforeseen events or conditions are deemed to require such 
     changes, proposals shall be submitted in advance to the 
     Appropriations Committees and be fully explained and 
     justified.
       Reporting and Approval Procedures.--The conferees have not 
     provided statutory language to define reprogramming 
     guidelines, but expect the Department to follow the letter 
     and spirit of the guidance provided in this statement. 
     Consistent with prior years, the conferees have not provided 
     the Department with any internal reprogramming flexibility in 
     fiscal year 2006, unless specifically identified in the 
     conference report for particular programs, projects, or 
     activities. Any reallocation of new or prior year budget 
     authority or prior year deobligations must be submitted to 
     the Appropriations Committees in writing and may not be 
     implemented prior to approval by the Committees on 
     Appropriations.

                     Energy Supply and Conservation

       The conference agreement provides $1,830,936,000 for Energy 
     Supply and Conservation. The conferees direct that the Office 
     of Electricity Delivery and Energy Reliability function as 
     the principal DOE liaison with the Federal Energy Regulatory 
     Commission.
       Congressionally directed projects.--The conference 
     agreement includes a list of Congressionally directed 
     projects, within available funds, at the end of the Energy 
     Supply and Conservation section. In the event the project 
     totals exceed twenty percent of a subaccount, the Department 
     has the discretion to fund these projects within other Energy 
     Supply and Conservation subaccounts than those identified in 
     the table. The conferees remind recipients that statutory 
     cost sharing requirements may apply to these projects.


            ENERGY EFFICIENCY AND RENEWABLE ENERGY RESOURCES

       The conference agreement provides $1,185,700,000 for energy 
     efficiency and renewable energy resources. The conferees 
     provide $4,000,000 for the National Center on Energy 
     Management and Building Technologies, and direct that this 
     project shall be subject to the cost-sharing requirements of 
     a research project rather than a demonstration project.
       The conferees support DOE's efforts to strengthen project 
     management within the Office of Energy Efficiency and 
     Renewable Energy (EERE) with the establishment of the Project 
     Management Center (PMC). With the success of the PMC, the 
     conferees see no need for third-party contracting agents, and 
     discourage the Department from engaging in third-party 
     arrangements for the award and distribution of federal funds.
       Hydrogen Technology.--The conference agreement includes 
     $157,199,000 for hydrogen technology, of which $76,100,000 is 
     designated for fuel cell technologies. The conferees provide 
     the budget request for distributed reforming and electricity 
     development, and no funds for recapturing heat from PEM fuel 
     cells within distributed energy systems. The conferees 
     provide $14,900,000 for infrastructure and $24,000,000 for 
     vehicles for the demonstration projects in the budget 
     request.
       Biomass and Biorefinery Systems R&D.--The conference 
     agreement includes $91,634,000 for

[[Page 25223]]

     integrated research and development on biomass and 
     biorefinery systems. The conferees provide $3,500,000 for the 
     Consortium for Plant Biotechnology Research.
       Solar Energy.--The conference agreement includes 
     $83,953,000 for solar energy programs, which includes 
     $11,000,000 for concentrating solar power.
       Wind energy.--The conference agreement includes $39,249,000 
     for wind energy programs.
       Geothermal Technology.--The conference agreement includes 
     $23,299,000 for geothermal technology, to include continued 
     funding at current year levels for GeoPowering the West.
       Hydropower.--The conferees recommend $500,000 for 
     hydropower research. The Department should complete 
     integration studies and close out outstanding contracts in 
     advanced hydropower technology.
       Vehicle Technologies.--The conferees recommend 
     $183,943,000, which includes an increase of $1,000,000 for 
     Advanced Combustion R&D, Combustion and Emission Control. The 
     conferees provide $19,000,000 for the Automotive Lightweight 
     Materials program; $500,000 for the hydrogen natural gas 
     vehicles cylinder safety, inspection and maintenance program; 
     and $3,500,000 for the Off-Highway Program. The conference 
     agreement provides $10,000,000 to Oak Ridge National 
     Laboratory to be divided evenly between materials development 
     and computational modeling to develop highway transportation 
     technologies.
       Building Technologies.--The conferees recommend 
     $69,966,000, to include $10,256,000 for equipment standards 
     and analysis, an increase of $7,000,000 for lighting R&D, and 
     a $3,000,000 increase for thermal insulation and building 
     materials. Within the $20,000,000 provided for lighting R&D, 
     $5,000,000 is to support a National Center for solid state 
     lighting research and development through the Office of 
     Science, to be competed among the centers for 
     nanotechnologies. The conferees provide $1,000,000 for Oil 
     Heat Research for residential buildings. The conferees 
     encourage the Department to support energy efficiency 
     research for affordable, factory-built housing through the 
     Manufactured Housing Research Alliance.
       Report Requirement.--The conferees request a report on 
     appliance efficiency standards as directed in the House 
     report.
       Industrial Technologies.--The conference agreement includes 
     $57,429,000 for industrial technologies, to include an 
     increase of $2,402,000 for Industries of the Future, and a 
     decrease of $1,642,000 for combustion R&D.
       Distributed Energy and Electricity Reliability Program.--
     The conferees direct the activities within this account be 
     merged within the Office of Electricity Delivery and Energy 
     Reliability (OE), and the conference agreement includes 
     $60,666,000 within OE to support these activities.
       Federal Energy Management Programs.--The conferees provide 
     $19,166,000 for the Federal Energy Management Programs, 
     including $2,019,000 for the Departmental Energy Management 
     Program.
       Facilities and Infrastructure.--The conferees provide 
     $26,315,000 for renewable energy Facilities and 
     Infrastructure. This amount includes $5,800,000 for 
     operations and maintenance of the National Renewable Energy 
     Laboratory (NREL) in Golden, Colorado; $10,515,000 to 
     continue construction of the new Science and Technology 
     facility at NREL (project 02-E-001); and $10,000,000 for the 
     design and construction of the already approved research 
     support facilities at the National Renewable Energy 
     Laboratory. The conferees direct that the design of the 
     facilities should be bid competitively, and should 
     demonstrate the use of state of the art renewable energy and 
     energy efficiency technologies in the design of the 
     buildings.
       Weatherization and Intergovernmental activities.--The 
     conferees provide $240,400,000 for weatherization assistance 
     program grants, $4,600,000 for training and technical 
     assistance, $36,000,000 for state energy program grants, 
     $500,000 for state energy activities and $25,657,000 for 
     gateway deployment. The conferees recommend that gateway 
     deployment funds be distributed as follows: $3,807,000 for 
     Rebuild America, $350,000 for energy efficiency information 
     and outreach, $4,500,000 for building codes training and 
     assistance, $8,000,000 for Clean Cities of which an 
     additional $1,490,000 is provided above the budget request to 
     expand E-85 fueling capacity, $6,000,000 for Energy Star, and 
     $3,000,000 for inventions and innovations. The conferees 
     include $3,910,000 for the international renewable energy 
     program, $4,000,000 for tribal energy to include $1,000,000 
     for the Council of Renewable Energy Resource Tribes (CERT), 
     and $5,000,000 for the Renewable Energy Production Incentive 
     (REPI).
       Program Support.--The conferees provide is $13,456,000 for 
     Program Support, to include $3,500,000 to continue the 
     efforts of the National Renewable Energy Laboratory to 
     develop renewable energy resources uniquely suited to the 
     Southwestern United States through its virtual site office in 
     Nevada.
       Program Direction.--The conferees provide $99,524,000 for 
     Program Direction. The reduction of $2,000,000 from the 
     request reflects the transfer of program direction funds to 
     the Office of Electricity Delivery and Energy Reliability.
       Regional Offices.--The conferees provide full funding for 
     the six regional offices in fiscal year 2006. However, the 
     conferees understand that the Administration is unlikely to 
     request funding for the regional offices in the fiscal year 
     2007 budget request. In light of this, the conferees direct 
     the regional offices be consolidated into the Project 
     Management Center at the Golden Field Office and the National 
     Energy Technology Laboratory not later than September 30, 
     2006.


         OFFICE OF ELECTRICITY DELIVERY AND ENERGY RELIABILITY

       The conferees provide $163,513,000 for Office of 
     Electricity Delivery and Energy Reliability. The conferees 
     direct that the activities within the Distributed Energy and 
     Electricity Reliability Program, previously funded in the 
     Energy Conservation account, be merged within the Office of 
     Electricity Delivery and Energy Reliability. The conference 
     agreement includes $60,666,000 for the transferred 
     activities. Within available funds, the conference 
     recommendation includes $2,000,000 for Thermal Energy 
     Technologies; $2,000,000 for gas engine-driven heat pump 
     development; $2,000,000 to complete the on-going Ammonia 
     Absorption Technology Development for HVAC&R activity; 
     $2,500,000 for a CHP engineering prototype and field test 
     activity of ammonia absorption technology; continuation of 
     desiccant research at a level of $1,500,000; and continuation 
     of heat and mass transfer activities at a level of 
     $2,000,000. The conference agreement includes $5,000,000 to 
     conduct electricity transmission, distribution and energy 
     assurance research and development activities at the National 
     Energy Technology Laboratory and $10,000,000, equally divided 
     between Idaho and Sandia National Laboratories, to support 
     activities at the SCADA test facilities. The conference 
     agreement includes $3,000,000 for deployment testing and 
     analysis of advanced energy storage systems for 
     telecommunication applications in Kansas. Detailed subprogram 
     allocations are shown in the table at the end of Title III.
       Program Direction.--The conference agreement includes 
     $13,447,000 for program direction.


                        NUCLEAR ENERGY PROGRAMS

       The conference agreement provides a total of $557,574,000 
     for nuclear energy programs. The Office of Nuclear Energy, 
     Science and Technology is the lead office with landlord 
     responsibilities for the Idaho site. Because this site 
     provides considerable support to defense activities and naval 
     nuclear reactors, $123,873,000 of costs is allocated to Other 
     Defense Activities and $13,500,000 is allocated to Naval 
     Reactors. Both programs are in the 050 budget function.
       University Reactor Fuel Assistance and Support.--The 
     conference agreement includes $27,000,000. The conferees 
     support the inclusion of the Institute of Nuclear Science and 
     Engineering at Idaho National Laboratory in this program.
       Nuclear Energy Research and Development.--The conference 
     agreement provides $226,000,000 for nuclear energy research 
     and development. The conference agreement provides 
     $66,000,000 for Nuclear Power 2010.
       For Generation IV Nuclear Energy Systems, the conferees 
     provide $55,000,000, of which $40,000,000 is provided for the 
     Next Generation Nuclear Power Plant program. Within available 
     funds, $4,000,000 is provided for the development of multiple 
     high temperature fuel fabrication techniques in support of 
     the Generation IV Nuclear Energy Systems.
       The conferees provide $25,000,000 for the Nuclear Hydrogen 
     Initiative. The conferees provide an additional $5,000,000 
     over the request to accelerate essential materials research 
     and development and component design, test and evaluation for 
     implementing the high temperature sulfuriodine water 
     splitting process for hydrogen production necessary to the 
     advanced reactor hydrogen co-generation project at Idaho 
     National Laboratory.
       The conferees provide $80,000,000 for the Advanced Fuel 
     Cycle Initiative (AFCI), $10,000,000 over the request. The 
     additional funds are to be used to accelerate the design 
     activities associated with a proposed Engineering Scale 
     Demonstration (ESD). This funding will allow completion of 
     the conceptual design in fiscal year 2006 and enable pre-
     engineering design to commence in fiscal year 2007. The 
     conferees direct the Department to accelerate the development 
     of a separations technology that can address the current 
     inventories of commercial spent nuclear fuel and select the 
     preferred technology no later than the end of fiscal year 
     2007. The conferees direct the Department to submit the spent 
     nuclear fuel recycling technology plan to the House and 
     Senate Committees on Appropriations by March 1, 2006.
       Reporting requirement.--The conferees direct the Department 
     to submit to the House and Senate Committees on 
     Appropriations a report on sodium bonded spent fuel, as 
     outlined in the Senate report, no later than March 1, 2006.
       Radiological Facilities Management.--The purpose of the 
     Radiological Facilities Management program is to maintain the 
     critical infrastructure necessary to support users from the 
     defense, space, and medical communities on a reimbursable 
     basis. The conference agreement provides $54,595,000 for this 
     work.

[[Page 25224]]

       The conferees provide $39,700,000 for Space and Defense 
     Infrastructure. This includes the requested amounts to 
     operate radioisotope power systems at the Idaho National 
     Laboratory (INL), maintain iridium capabilities at Oak Ridge 
     National Laboratory, and maintain and operate the Pu-238 
     mission at Los Alamos. The conferees recognize the need to 
     free up floor space in TA-55 for pit production, and direct 
     the Department to develop a strategy to relocate 
     expeditiously the mission for Pu-238 processing from Los 
     Alamos to INL. The conferees provide an increase of 
     $8,500,000 for INL to plan and build the capability to assume 
     the Pu-238 mission, so there is no gap in capability during 
     the mission transfer. The conferees direct the Department to 
     provide a mid-year report by March 31, 2006, on the transfer 
     strategy and associated costs.
       The conferees provide $14,395,000 for Medical Isotopes 
     Infrastructure, and $500,000 for Enrichment Facility 
     Infrastructure. The conferees provide no funding for the 
     Medical Isotope Production and Building 3019 Complex Shutdown 
     project. The conferees direct the Department to terminate 
     promptly the Medical Isotope Production and Building 3019 
     Complex Shutdown project. The responsibility for disposition 
     of the U-233 is transferred to the Defense Environmental 
     Management program per DOE's recommendation, and the 
     conferees have provided funds in the Defense Environmental 
     Management appropriation for disposition of the material 
     stored in Building 3019.
       Idaho Facilities Management.--The conference agreement 
     provides $113,862,000 for Idaho National Laboratory (INL) 
     operations and infrastructure. Of this total, $82,600,000 is 
     allotted to the 270 budget function and the balance, 
     $31,262,000, is allotted to the 050 function and funded under 
     Other Defense Activities and Naval Reactors. The conferees 
     provide $102,907,000 for INL operations, $69,145,000 from 
     function 270 Energy Supply, $17,762,000 from Other Defense 
     Activities, and an increase of $13,500,000 from the Office of 
     Naval Reactors to support the Idaho National Laboratory's 
     Advanced Test Reactor (ATR) life extension program. The 
     conferees also provide an additional $2,500,000 for the 
     utility corridor extension project at the Idaho National 
     Laboratory. The conferees provide $10,955,000 for Idaho 
     facilities construction. This includes the requested amounts 
     for the Gas Test Loop in the Advanced Test Reactor.
       Idaho Site-wide Safeguards and Security.--The conferees 
     provide $75,008,000 for Idaho sitewide safeguards and 
     security as an 050 Defense Activity under the Other Defense 
     Activities account.
       Program Direction.--The conference agreement includes 
     $61,109,000 for program direction. Of this amount, 
     $30,006,000 is funded in the Energy Supply appropriation 
     under budget function 270, and $31,103,000 is funded in the 
     Other Defense Activities appropriation under budget function 
     050.


                     environment, safety and health

       The conference agreement provides $28,000,000 for non-
     defense environment, safety and health activities. The 
     conference agreement includes $20,900,000 for program 
     direction, the same as the budget request.


                           legacy management

       The conference agreement provides $33,522,000 for the 
     Energy Supply-related activities of the Office of Legacy 
     Management.

     CONGRESSIONALLY DIRECTED ENERGY SUPPLY & CONSERVATION PROJECTS
------------------------------------------------------------------------
                                                            Conference
          Sub-accounts                   Project         recommendations
------------------------------------------------------------------------
Biomass........................  Univ. of Georgia             $1,250,000
                                  Biomass Pyrolysis
                                  Biorefinery Project
                                  (GA).
                                 National Biofuel              2,000,000
                                  Energy Laboratory,
                                  NextEnergy Center
                                  (MI).
                                 Biomass Research              1,500,000
                                  Agricultural
                                  Development Ctr. (OH).
                                 Texas A&M Renewable           1,000,000
                                  Energy Animal Waste
                                  Project (TX).
                                 Wood Debris Bioenergy         1,000,000
                                  Project (CO).
                                 Clarkson Univ. Dairy            250,000
                                  Waste Public/Private
                                  Partnership (NY).
                                 Madison County                1,000,000
                                  Landfill Gas to
                                  Energy Project (NY).
                                 Asphalt Roofing               1,000,000
                                  Shingles into Energy
                                  Project, Xenia (OH).
                                 Ohio State University         1,000,000
                                  4-H ``Green''
                                  Building Project (OH).
                                 University of Iowa              500,000
                                  National Ag-Based
                                  Industrial Program
                                  (IA).
                                 Solid Waste Authority         2,000,000
                                  Pyramid Resource
                                  Center (OH).
                                 City of Stamford Waste-       1,500,000
                                  to-Energy Project
                                  (CT).
                                 Iowa State Univ.                500,000
                                  Biomass Energy
                                  Conversion Project
                                  (IA).
                                 Louisiana State Univ.           500,000
                                  Sugar Base Ethanol
                                  (LA).
                                 Iroquois Bio-Energy           3,500,000
                                  Consortium Ethanol
                                  Project (IN).
                                 Biotech to Ethanol            1,000,000
                                  Project (CO).
                                 New York Biomass/             2,000,000
                                  Methane Gas Power
                                  Fuel Cell Project
                                  (NY).
                                 Western Massachusetts           500,000
                                  Biomass Project (MA).
                                 Greenville Composite            750,000
                                  Biomass Project (ME).
                                 Research Triangle             1,250,000
                                  Institute Biomass
                                  Project (NC).
                                 Chariton Biomass                750,000
                                  Project (IA).
                                 Laurentian Bio-Energy         1,250,000
                                  Project (MN).
                                 Kona Carbon Biomass           1,000,000
                                  Project (HI).
                                 Mississippi State            11,000,000
                                  University
                                  Sustainable Energy
                                  Center (MS).
                                 Missouri Biodiesel            1,000,000
                                  Demonstration Project
                                  (MO).
                                 Auburn Alternative            1,000,000
                                  Fuel Source Study of
                                  Cement Kilns (AL).
                                 Canola-based                  1,000,000
                                  Automotive Oil R&D
                                  (PA).
                                 Center for Advanced             800,000
                                  Bio-based Binders
                                  (IA).
                                 Devel. of Applied               500,000
                                  Membrane Technology
                                  for Processing
                                  Ethanol from Biomass
                                  (DE).
                                 Univ. of N. Iowa                500,000
                                  National Ag-Based
                                  Industrial Lubriant
                                  Center (IA).
                                 Michigan Biotechnology        1,000,000
                                  Institute (MI).
                                 Washington State                500,000
                                  Ferries Biodiesel
                                  Demonstration Project
                                  (WA).
                                 Oxydiesel                       500,000
                                  demonstration project
                                  in California and
                                  Nevada (NV).
                                 LSU Biorefinery for             500,000
                                  Ethanol Chemicals,
                                  Animal Feed and
                                  Biomaterials (LA).
                                 Vermont Biomass Energy          500,000
                                  Resource Center (VT).
                                 UNLV Research                 3,000,000
                                  Foundation
                                  Development of
                                  Biofuels Utilizing
                                  Ionic Transfer
                                  Membranes (NV).
Building tech..................  Carnegie Mellion Univ.        1,000,000
                                  Advanced Building
                                  Testbed (PA).
                                 National Center on            4,000,000
                                  Energy Management &
                                  Building Tech. (NV).
                                 University of                   400,000
                                  Louisville
                                  Sustainable Buildings
                                  Project (KY).
Weath..........................  Office of                       600,000
                                  International Energy
                                  Market Development
                                  (WV).
Clean Cities...................  E-85 Ethanol Vehicle            500,000
                                  Refueling Expansion
                                  (multi state).
Int-Govt.......................  International Utility         3,500,000
                                  Electricity
                                  Partnership (IUEP).
Prog.Supp......................  NREL virtual site             3,500,000
                                  office in Nevada (NV).
Geothermal.....................  Ohio Wesleyan Univ.             750,000
                                  Geothermal
                                  Demonstration Project
                                  (OH).
                                 Springfield Equestrian        1,500,000
                                  Center Energy
                                  Efficiency Project
                                  (OH).
                                 Lipscomb University             500,000
                                  Geothermal System
                                  (TN).
                                 Geothermal and                1,000,000
                                  Renewable Energy
                                  Laboratory of Nevada
                                  (NV).
Hydrogen.......................  University of South           2,000,000
                                  Carolina Fuel Cell
                                  Design Project (SC).
                                 Fuel Cell Freeze/Cold         1,000,000
                                  Start Program (CT).
                                 Center for Intelligent        1,500,000
                                  Fuel Cell Materials
                                  Design (multi-state).
                                 Hydrogen Fuel Cell            2,500,000
                                  Project Edison
                                  Materials Technology
                                  (OH).
                                 Indigenous Energy             1,000,000
                                  Development Center
                                  (PA).
                                 Delaware State                1,000,000
                                  University Center for
                                  Hydrogen Storage (DE).
                                 Florida Int'l Univ.           1,000,000
                                  Cntr for Energy &
                                  Tech. of the Americas
                                  (FL).
                                 City of Auburn Energy           900,000
                                  Production Issues at
                                  Wastewater Plant (NY).
                                 Hydrogen Fleet                2,000,000
                                  Infrastructure
                                  Demonstration Project
                                  (MI).
                                 Purdue Hydrogen               1,000,000
                                  Technologies Program
                                  (IN).
                                 Detroit Commuter              1,300,000
                                  Hydrogen Project (MI).
                                 City of Chicago               2,000,000
                                  Ethanol to Hydrogen
                                  Project (IL).
                                 California Hydrogen           1,000,000
                                  Storage and Systems
                                  Technologies (CA).
                                 Univ. of Arkansas at            400,000
                                  Little Rock Hydrogen
                                  Storage Project (AR).
                                 Univ. of Akron Fuel             500,000
                                  Cell Laboratory (OH).
                                 Kettering Univ. Fuel            500,000
                                  Cell Project (MI).
                                 Hydrogen Optical Fiber          500,000
                                  Sensors (CA).
                                 UNLV Research                 3,400,000
                                  Foundation solar-
                                  powered
                                  thermochemical
                                  prod.of hydrogen (NV).
                                 UNLV Research                 3,400,000
                                  Foundation hydrogen
                                  fuel cell & storage
                                  R&D (NV).
                                 Montana Palladium             2,500,000
                                  Research Center (MT).
                                 Regional                      2,500,000
                                  Transportation
                                  Commission of Washoe
                                  Co. Hydrogen Fuel
                                  Cell Project (NV).
                                 U. of Arkansas Little           500,000
                                  Rock Nanotechnology
                                  Center production of
                                  Hydrogen (AR).

[[Page 25225]]

 
                                 UNLV Research                 3,400,000
                                  Foundation renewable
                                  hydrogen fueling
                                  station system,
                                  including development
                                  of high pressure
                                  electrolysis using
                                  photovoltaics (NV).
                                 UNLV Research                 2,500,000
                                  Foundation
                                  development of
                                  photoelectric
                                  chemical production
                                  of hydrogen (NV).
                                 Univ. of S.                     500,000
                                  Mississippi's School
                                  of Polymers and High
                                  Performance Materials
                                  Improved Materials
                                  for Fuel Cell
                                  Membrans Program (MS).
                                 Univ. of Nevada-Reno          3,000,000
                                  Photoelectrochemical
                                  generation of
                                  hydrogen by solid
                                  nanoporous titanium
                                  dioxide project (NV).
                                 California Hydrogen             400,000
                                  Infrastructure
                                  Project (CA).
                                 Southern Nevada                 500,000
                                  Alternative Fuels
                                  Demonstration Project
                                  (NV).
                                 Hydrogen Mine Loader            250,000
                                  Project (CO).
Solar Energy...................  Rensselaer Polytechnic          750,000
                                  Inst. Syracuse Univ.
                                  ``Green Building''
                                  (NY).
                                 Crowder College               1,000,000
                                  Alternative Renewable
                                  Energy Center (MO).
                                 Univ. of Arkansas               500,000
                                  Research in Solar
                                  Energy Field (AK).
                                 Oregon Nanoscience and        1,500,000
                                  Microtechnologies
                                  Institute (OR).
                                 Conductive Coating            1,500,000
                                  Solar Cell Research
                                  Project (MA).
                                 Ultra Thin Film Photo         1,000,000
                                  Voltaic Charging
                                  System (FL).
                                 Brightfield Solar               700,000
                                  Energy (MA).
                                 National Orange                 450,000
                                  Photovoltaic
                                  Demonstration (CA).
                                 Sandia National Lab.          1,000,000
                                  Development of
                                  advanced cells and
                                  modules (NM).
                                 Sandia National Lab.          3,500,000
                                  Megawatt
                                  demonstration
                                  concentrating solar
                                  project (NM).
                                 UNLV Research                 2,500,000
                                  Foundation for
                                  photonics research,
                                  including evaluation
                                  of advanced fiber
                                  optics for hybrid
                                  solar lighting (NV).
Vehicle Tech...................  Phase II Heavy Vehicle        3,000,000
                                  Hybrid Propulsion
                                  (WI).
                                 High Temperature              1,000,000
                                  Material Laboratory
                                  (TN).
                                 Turbocharger Diesel           4,000,000
                                  Engine R&D (multi-
                                  state).
                                 National Hybrid Truck         2,000,000
                                  Manufacturing Program
                                  (CA).
                                 Vehicle Test Strip            1,500,000
                                  Equipment
                                  Demonstration (NC).
                                 Oak Ridge National Lab       10,000,000
                                  highway
                                  transportation
                                  technologies (TN).
                                 Mississippi State             4,000,000
                                  University CAVS
                                  Center (MS).
                                 VULCAN Beam Line (TN).        2,000,000
                                 Transportable                 1,500,000
                                  Emissions Testing
                                  Laboratory.
Wind Energy....................  Mt. Wachusett                 1,000,000
                                  Community College
                                  Wind Project (MA).
                                 Wyandotte Wind Energy         1,000,000
                                  on Brownfields
                                  Initiative (MI).
                                 Illinois State                1,000,000
                                  University Wind
                                  Energy Resources (IL).
                                 Texas Tech. Univ.               500,000
                                  Great Plains Wind
                                  Power Facility (TX).
                                 Brigham City Turbine            500,000
                                  (UT).
                                 TowerPower Wind                 750,000
                                  Project (MD).
                                 White Earth Tribal            1,000,000
                                  Nation Wind Project
                                  (MN).
                                 Coastal Ohio Wind             1,000,000
                                  Project (OH).
                                 Randall's and Ward's          1,000,000
                                  Island Wind Project
                                  (NY).
                                 Brigham City, UT Wind           500,000
                                  Energy Project (UT).
                                 Alaska Wind Energy            1,500,000
                                  (AK).
                                 Renewable Energy for            500,000
                                  Rural Economic
                                  Development Program
                                  (UT).
                                 Synchronous Wind                500,000
                                  Turbines (ID).
                                 Texas Tech. Great             1,000,000
                                  Plains Wind Power
                                  Test Facility (TX).
                                 North Dakota Hydrogen           500,000
                                  Wind Pilot Project
                                  (ND).
                                 Fox Ridge Renewable             500,000
                                  Energy Education
                                  Center (SD).
                                 PowerJet Wind Turbine           250,000
                                  Project (NV).
OE.............................  Iowa Stored Energy            1,500,000
                                  Plant Project (IA).
                                 University of                 1,000,000
                                  Louisville Electric
                                  Grid Monitoring (KY).
                                 Gonzaga University              800,000
                                  electric utility
                                  transformation
                                  program (WA).
                                 Emerson Network               2,000,000
                                  Power,Columbus Ohio
                                  (OH).
                                 Energy Security and           1,000,000
                                  diversification at
                                  Savannah River
                                  National Lab (SC).
                                 City of Nome power            1,000,000
                                  generation
                                  replacement project
                                  (AK).
                                 Gridwise Northwest            1,500,000
                                  Demonstration Project
                                  (WA).
                                 Juneau-Green Creek-           1,000,000
                                  Hoonah intertie for
                                  Juneau area power
                                  system (AK).
                                 Complete of bi-polar          1,500,000
                                  wafer cell Ni-MH
                                  electric energy
                                  storage system (CT).
                                 Connecticut Demand            1,000,000
                                  Response Technologies
                                  Project (CT).
                                 Notre Dame University         1,500,000
                                  Ionic Liquids
                                  Research
                                  collaboration (IN).
                                 Advanced Grid                 2,000,000
                                  Application
                                  Consortium (PA).
                                 Pilot Energy Cost             2,000,000
                                  Control Evaluation
                                  Project at NETL (WV).
                                 Green Island Power            1,000,000
                                  Authority, Advanced
                                  Transmission Project
                                  (NY).
                                 Cleveland State Ctr.          1,000,000
                                  for Research in
                                  Electric and
                                  Aerospace Tech. (OH).
                                 Advanced Energy               1,000,000
                                  Storage, PCRT(MA).
                                 Tennessee Tech. Univ.         1,000,000
                                  Optimization of High
                                  Voltage lines (TN).
                                 Advanced Technology           1,000,000
                                  Center (IL).
                                 Continued Development         2,500,000
                                  of an energy
                                  information training
                                  facility at Camp
                                  Dawson (WV).
                                 West Virginia Univ.           1,000,000
                                  Integrated control of
                                  next generation power
                                  systems project (WV).
                                 Deployment testing and        2,500,000
                                  analysis of advanced
                                  energy storage
                                  systems for
                                  telecommunications
                                  applications in
                                  Kansas (KS).
                                 Hawaii/New Mexico             3,000,000
                                  Sustainable Energy
                                  Security Partnership
                                  (HI/NM).
                                 Navajo Electrification        1,000,000
                                  Project (NM).
                                 Load Control System           2,000,000
                                  Reliability (MT).
                                 University of Missouri-       1,000,000
                                  Rolla for electric
                                  grid modernization
                                  (MO).
                                 Integrated                      800,000
                                  Distribution
                                  Management Systems in
                                  Alabama (AL).
                                 Houston Advanced                250,000
                                  Research Center for
                                  Second generation
                                  dish temperature
                                  super conductor
                                  devekopment (TX).
Nuclear Energy.................  Transfer of Nuclear
                                  Safety Technologies
                                  in Lithuania
                                  3,000,000.
                                 Utility Corridor              2,500,000
                                  Extension Project at
                                  the Idaho Natioal Lab
                                  (ID).
                                 UNLV Research                 5,000,000
                                  Foundation 5-year
                                  cooperative agreement
                                  to study deep burn-up
                                  of nuclear fuel and
                                  other fuel cycle
                                  research to eliminate
                                  the need for multiple
                                  spent nuclear fuel
                                  repositories, to
                                  eliminate weapons
                                  useable materials
                                  from disposed spent
                                  fuel, and to maintain
                                  forever potential
                                  radiological releases
                                  from a repository
                                  below currently
                                  legislated limits
                                  (NV).
                                 Idaho Accelerator             2,000,000
                                  Center (ID).
                                 Nuclear Energy                3,500,000
                                  Materials Test
                                  Station at Los Alamos
                                  Neutron Science
                                  Center (NM).
                                 University of Nevada          1,000,000
                                  Reno Center for
                                  Materials Reliability
                                  (NV).
                                 Univ. of Nevada Reno            750,000
                                  Nuclear
                                  Transportation Hazard
                                  Research (NV).
------------------------------------------------------------------------

                         clean coal technology

                       (deferral and rescission)

       The conference agreement provides for the deferral of 
     $257,000,000 in clean coal technology funding until fiscal 
     year 2007. These balances are no longer needed to complete 
     active projects in this program. These funds are to be used 
     for costs associated with the FutureGen program in fiscal 
     year 2007 and beyond, to develop a coal-fired, nearly 
     emissions-free electricity and hydrogen generation plant. The 
     conference agreement rescinds $20,000,000 of prior year 
     uncommitted balances from excess contingency estimates in 
     demonstration projects. This rescission was misapplied to 
     Fossil Energy Research and Development in both the House and 
     Senate reports, and is now correctly applied to Clean Coal 
     Technology.


                 fossil energy research and development

       The conference agreement provides $597,994,000 for fossil 
     energy research and development. Bill language is included 
     providing that Federal employees in fiscal year 2006 
     performing research and development activities at the 
     National Energy Technology Laboratory can be funded from 
     program accounts. The conferees direct the Department to 
     budget for the salaries and expenses of federal employees in 
     program direction accounts, and the fiscal year 2007 budget 
     request should reflect this adjustment.
       Clean coal power initiative.--The conference agreement 
     provides $50,000,000, the amount of the budget request for 
     the Clean Coal Power Initiative (CCPI). The $50,000,000 
     request from the Administration in fiscal year 2006 is 
     woefully short of the $200,000,000 commitment made by the 
     Administration. The conferees direct the Administration to 
     fulfill the commitments made to CCPI. Funds remaining from 
     the termination of the low emission boiler project are to be 
     transferred to the Clean Coal Power Initiative.

[[Page 25226]]

       FutureGen.--The conference agreement provides $18,000,000, 
     the amount of the request for FutureGen. The conferees 
     understand and recognize the value of the FutureGen project. 
     However, the conferees are concerned about maintaining 
     adequate funding for the core fossil energy research, 
     development, and demonstration programs, especially with the 
     new programmatic demands of the Energy Policy Act of 2005. 
     The conferees will continue to give full consideration to the 
     FutureGen project, contingent upon the Administration 
     maintaining adequate funding requests for other related 
     fossil energy programs.
       Fuels and Power Systems.--The conference agreement provides 
     a total of $311,998,000 for Fuels and Power Systems. Within 
     the funds provided, the conferees provide $25,400,000 for 
     innovations at existing plants; $56,450,000 for advanced 
     Integrated Gas Combined Cycle; $18,000,000 for advanced 
     turbines; $67,000,000 for carbon sequestration (including 
     $6,000,000 for Center for Zero Emissions Research and 
     Technology of which $1,500,000 is for the Los Alamos National 
     Laboratory); $29,000,000 for fuels; $62,000,000 for fuel 
     cells including $8,000,000 for high temperature 
     electrochemistry; and $53,154,000 for advanced research. The 
     conferees provide $4,000,000, the amount of the budget 
     request, for the Focus Area for the Computational Energy 
     Science. The conferees provide $994,000 for the U.S./China 
     Energy and Environmental Center. The conferees direct that 
     any hydrogen research and development funded under Fossil 
     Energy be focused on fossil fuels research and development. 
     The conferees are aware of the work conducted by C1Chemistry, 
     and encourage the Department to consider proposals for 
     additional research by the consortium.
       Natural Gas Technologies.--The conference agreement 
     provides $33,000,000 for natural gas technologies, an 
     increase of $23,000,000 over the budget request. The 
     conferees provide $9,000,000 for advanced drilling, 
     completion and stimulation, including Deep Trek; $4,000,000 
     to continue work aimed at expanding the recoverability of 
     natural gas from low-permeability formations; $2,000,000 for 
     stripper wells and technology transfer; $1,000,000 to improve 
     the reliability and efficiency of gas storage systems; and 
     $2,000,000 for liquid natural gas technologies. Within the 
     funds provided, the conference agreement includes $12,000,000 
     for gas hydrates, and $3,000,000 to continue research to 
     develop treatment technologies that will allow water from 
     conventional gas wells or coal bed methane wells to be put to 
     beneficial use or to be safely discharged to the surface.
       Petroleum-Oil Technologies.--The conference agreement 
     provides $32,000,000 for petroleum-oil technologies, an 
     increase of $22,000,000 over the budget request. The 
     conferees provide $4,000,000 for enhancing utilization of 
     industrial carbon dioxide; $4,000,000 for drilling and 
     completion enhancements that support microhole exploration; 
     $4,000,000 for reservoir imaging; $3,000,000 for improved gas 
     flooding recovery methods; $6,000,000 reservoir life 
     extension; $10,000,000 for environmental protection; and, 
     $1,000,000 for the Interstate Oil and Gas Compact Commission.
       Program Direction.--The conference agreement includes 
     $106,941,000, an increase of $8,000,000 above the budget 
     request, for the National Energy Technology Laboratory to 
     maintain the personnel that otherwise would have been lost as 
     the result of the proposed gas and petroleum-oil program 
     reductions in the budget request.
       Plant and Capital Equipment.--The conference agreement 
     includes $20,000,000 for plant and capital equipment, an 
     increase of $20,000,000 above the budget request. Within 
     these funds, $18,000,000 is for the infrastructure 
     improvement program at the National Energy Technology 
     Laboratory and $2,000,000 is for general plant projects.
       Other programs.--The conference agreement includes 
     $9,600,000 for fossil energy environmental restoration; 
     $1,799,000 for import/export authorization; $8,000,000 for 
     advanced metallurgical research; $656,000 for special 
     recruitment programs; and $6,000,000 for the Energy and 
     Environmental Research Center under cooperative research and 
     development.
       Prior year balances.--The conference agreement recommends 
     no reduction in prior year balances, instead of the 
     $20,000,000 reduction as proposed by the House and by the 
     Senate.
       Congressionally Directed Projects.--The conferees' 
     recommendation includes the following Congressionally 
     directed projects, within available funds. The conferees 
     remind recipients that statutory cost sharing requirements 
     may apply to these projects.

             CONGRESSIONALLY DIRECTED FUELS & POWER PROJECTS
------------------------------------------------------------------------
                                                            Conference
            Accounts                     Project          recommendation
------------------------------------------------------------------------
Fuels&Power....................  Ramgen engine                $2,500,000
                                  development (multi
                                  state).
                                 MW-Scale oxide fuel           2,500,000
                                  cell gas turbine
                                  hybrid system (multi
                                  state).
                                 MW-Scale Solid oxide          3,000,000
                                  fuel cell stat. power
                                  generation (OH).
                                 Jupiter Oxy Fuel Tech         7,800,000
                                  (multi state).
                                 Solid oxide fuel cell         1,000,000
                                  tech. Stat power
                                  applications project
                                  (NC).
                                 Powerspan Electro             1,000,000
                                  Catalytic Oxidation
                                  project (OH).
                                 New York City Parks           1,000,000
                                  Randall's Island (NY).
                                 Center for Advanced           1,000,000
                                  Separation
                                  Technologies (VA).
                                 Power Plant Flue Gas          2,200,000
                                  Cleaning/Poll
                                  Elimination project
                                  (VA).
                                 GEDAC packaged Gas            2,200,000
                                  Engine-Driven Heat
                                  Pump (multi state).
                                 Planar Solid Oxide Fuel       1,500,000
                                  Cell Project (CA).
                                 Advanced Metallurgical        1,300,000
                                  Process, Albany
                                  Research Center (OR).
                                 Energy and                    1,000,000
                                  Environmental Research
                                  Center (EERC) (ND).
                                 Development of                  700,000
                                  continuous solvent
                                  extraction processes
                                  for coal derived
                                  carbon products (WV).
                                 West Virginia Univ.             500,000
                                  study of long-term
                                  environmental and
                                  economic impacts of
                                  the development of
                                  coal liquefaction in
                                  China (WV).
                                 WVU Lightweight                 500,000
                                  composite materials
                                  for heavy duty
                                  vehicles program (WV).
                                 Coal to Liquids               2,000,000
                                  Program--Phase II (MT).
                                 Utah Center for Ultra-        1,900,000
                                  Clean Coal Utilization
                                  (UT).
                                 Coal-Waste Slurry               500,000
                                  Reburn Project (PA).
                                 Univ. of Wyoming Multi-       1,500,000
                                  Disciplinary Coal-bed
                                  Natural Gas Research
                                  Center (WY).
                                 National Center for           2,500,000
                                  Hydrogen Technology
                                  (ND).
                                 ITM/Syngas Project (PA)       2,000,000
                                 Solid Oxide Fuels Cells       4,000,000
                                  (PA).
                                 National Biofuel Energy       2,000,000
                                  Laboratory (MI).
                                 Arctic Energy Office          7,000,000
                                  (AK).
                                 Risk Base Data                  400,000
                                  Management System (AK).
                                 Utah Center for Heavy         1,500,000
                                  Oil Research (UT).
                                 University of                 1,000,000
                                  Mississippi hydrates
                                  research (MS).
------------------------------------------------------------------------

                 NAVAL PETROLEUM AND OIL SHALE RESERVES

       The conference agreement provides $21,500,000, the same as 
     the Senate, and an increase of $3,000,000 over the House, to 
     support the activities under the Naval Petroleum Reserve 
     (NPR) Colorado, Utah, and Wyoming program.
       Reporting requirements.--Within available funds, the 
     conferees direct the Department to conduct a study on the 
     environmental liabilities at the Rocky Mountain Oilfield 
     Testing Center (RMOTC) in Wyoming. The study should include 
     field work to determine the scope of the contamination and 
     the life cycle cost to remediate the site. The report is due 
     to the House and Senate Committees on Appropriations by May 
     1, 2006.


                      ELK HILLS SCHOOL LANDS FUND

       The conferees provide $48,000,000, the same as the budget 
     request, for the Elk Hills School Lands Fund. Combined with 
     the fiscal year 2005 advance appropriation of $36,000,000, 
     this will make available a total of $84,000,000 in fiscal 
     year 2006, as proposed by both the House and the Senate.


                      STRATEGIC PETROLEUM RESERVE

       The conference agreement provides $166,000,000, for the 
     strategic petroleum reserve as proposed by both the House and 
     the Senate. The conferees recognize the Department will be 
     conducting a site selection process for the expansion of the 
     strategic petroleum reserve as provided in the Energy Policy 
     Act of 2005.


                   NORTHEAST HOME HEATING OIL RESERVE

       The conference agreement provides no new funding, 
     consistent with the budget request, for the Northeast Home 
     Heating Oil reserve, because the Department has confirmed 
     that sufficient carryover balances exist.


                   ENERGY INFORMATION ADMINISTRATION

       The conference agreement provides $86,176,000, $250,000 
     above the request, for the Energy Information Administration. 
     The increase above the request is to fund increased 
     requirements for cybersecurity measures to safeguard computer 
     systems and data integrity.

                   Non-Defense Environmental Cleanup

       The conference agreement provides $353,219,000 for Non-
     Defense Environmental Cleanup, an increase of $3,285,000 over 
     the

[[Page 25227]]

     budget request. This increase is for the East Tennessee 
     Technology Park at Oak Ridge National Laboratory.
       Milestone report.--While the budget structure has changed, 
     the conferees remain interested in whether the Department has 
     met its goals for completion for years 2006, 2012, and 2035. 
     The conferees request a report by site that tracks 
     accelerated clean-up milestones, whether they are being met 
     or not, and includes annual budget estimates and life-cycle 
     costs, due to the House and Senate Committees on 
     Appropriations by March 1 and September 1 of each year.
       Reprogramming Authority.--The conferees continue to support 
     the need for flexibility to meet changing funding 
     requirements at sites. In fiscal year 2006, the Department 
     may transfer up to $2,000,000 within accounts, and between 
     accounts, to reduce health or safety risks or to gain cost 
     savings as long as no program or project is increased or 
     decreased by more than $2,000,000 once during the fiscal 
     year. The account control points for reprogramming are the 
     Fast Flux Test Reactor Facility, West Valley Demonstration 
     Project, Gaseous Diffusion Plants, Small Sites, and 
     construction line-items. This reprogramming authority may not 
     be used to initiate new programs or to change the funding 
     levels for programs specifically denied, limited, or 
     increased by Congress in the Act or statement. The Committees 
     on Appropriations in the House and Senate must be notified 
     within thirty days of the use of this reprogramming 
     authority.

      Uranium Enrichment Decontamination and Decommissioning Fund

       The conference agreement provides $562,228,000 for 
     activities funded from the Uranium Enrichment Decontamination 
     and Decommissioning (UED&D) Fund. This amount includes 
     $542,228,000 for decontamination and decommissioning 
     activities at the gaseous diffusion plants and $20,000,000 
     for Title X uranium and thorium reimbursements. For the 
     decontamination and decommissioning of the gaseous diffusion 
     plants, the conferees provide $192,157,000 for Portsmouth, 
     Ohio; $105,000,000 for Paducah, Kentucky; and $245,071,000 
     for East Tennessee Technology Park in Oak Ridge.
       The conferees direct the Government Accountability Office 
     (GAO) to investigate the contamination of phosgene at the 
     gaseous diffusion plants.

                                Science

       The conference agreement provides $3,632,718,000, instead 
     of $3,666,055,000 as proposed by the House and $3,702,718,000 
     as proposed by the Senate. Specific funding allocations and 
     earmarks proposed by the House and Senate are superceded by 
     the allocations and earmarks listed in this joint explanatory 
     statement.
       High Energy Physics.--The conference agreement provides 
     $723,933,000 for high energy physics research. The control 
     level is at the High Energy Physics level. An additional 
     $10,000,000 is provided for research on the international 
     linear collider and for upgrades to the neutrino research 
     program. The conferees support the DOE/NASA Joint Dark Energy 
     Mission (JDEM) and encourage the Department to move JDEM 
     forward aggressively to accomplish this important research.
       Nuclear Physics.--The conference agreement provides 
     $370,741,000 for nuclear physics research, including 
     $2,000,000 of construction funds for project engineering and 
     design of the electron beam ion source at Brookhaven National 
     Laboratory (project 06-SC-02). The conferees support the Rare 
     Isotope Accelerator (RIA) but are concerned that the 
     Department does not seem to be making tangible progress 
     toward realization of RIA. The conferees reiterate the 
     reporting requirement, as outlined in Senate Report 109-84, 
     for the Department to define a specific path forward on RIA. 
     The conferees also recognize the importance of the 12 GeV 
     upgrade of the Continuous Electron Beam Accelerator Facility 
     at the Thomas Jefferson National Accelerator Facility and 
     support initiation of project engineering and design within 
     available funds.
       Biological and Environmental Research.--The conference 
     agreement includes $585,688,000 for biological and 
     environmental research, an increase of $130,000,000 over the 
     budget request. This increase is provided to fund 
     Congressionally-directed projects as listed in the table 
     below. Within available funds, the conferees direct the 
     Department to provide an additional $3,500,000 for upgrades 
     to instrumentation at the Environmental Molecular Sciences 
     Laboratory (EMSL). The conferees support the development of 
     the proposed Genomes to Life (GTL) facilities, and encourage 
     the Department to budget for the first of these GTL 
     facilities, for the production and characterization of 
     proteins and molecular tags, in fiscal year 2007. The 
     conferees encourage the Department to reduce the cost of the 
     GTL facilities to accelerate deployment of all four proposed 
     GTL centers. Due to the nature of this research, there is a 
     need for all of the facilities to be deployed to meet the 
     scientific challenge of molecular characterization. The 
     conferees recommend that the Department conduct an open 
     competition for the siting of these GTL facilities.

          Congressionally Directed Office of Science Projects

                                              Conference recommendation
        Project
BER  Univ. of Alabama Dept. of Neurobiology to purchase a FMRI $300,000
BER  Baylor University Lake Whitney Assessment (TX).............500,000
BER  SUNY IT Nano-Bio-Molecular Technical Incubator (NY)........750,000
BER  San Antonio Cancer Center (TX).............................500,000
BER  University of South Alabama Cancer Research Institute (AL).500,000
BER  Indiana Wesleyan University Marion for a registered nursing 
  program (IN)..................................................500,000
BER  Virginia Commonwealth University Massey Cancer Center (VA1,000,000
BER  Construction of new science facility at Bethel College (IN)300,000
BER  University of Wyoming Coalbed Methane research center (WY).500,000
BER  Hampton University Cancer Treatment Center (VA)............500,000
BER  George Mason University research against Biological Agent1,000,000
BER  Lehigh University Critical Infrastructure Lab. (PA)........400,000
BER  St. Thomas University Minority Science center (FL).........400,000
BER  Seton Hall Science/Tech Center (NJ)........................500,000
BER  Alvernia College for a Science and Health Building (PA)....500,000
BER  Institute for Advanced Learning Research Dansville (VA)....400,000
BER  Galileo Magnet High School Danville (VA)...................100,000
BER  Washington & Jefferson science initiative (PA).............400,000
BER  Science building at Waubonsee Community College (IL).....2,000,000
BER  AVETeC data mamt.electronics and comm. NextEdge Tech.Park3,000,000
BER  Duchenne Muscular Dystrophy research Univ. of Washington School 
  of Med. (WA)..................................................300,000
BER  Duchenne Muscular Dystrophy research Children's National 
  Medical Ctr. (DC).............................................300,000
BER  Ohio State University for Earth University (OH)............300,000
BER  Northeast Regional Cancer Institute (PA)...................300,000
BER  Centenary College laboratory (NJ)..........................500,000
BER  Construction of Science Center at Midwestern Univ. (IL)....300,000
BER  Univ. of Oklahoma Center Applications Single-Walled Nanotubes 
  (OK)........................................................1,000,000
BER  University of Connecticut live cell molecular imaging (CT).300,000
BER  University of Central Florida for optics tech in X-Ray (FL)700,000
BER  North Shore-Long Island Jewish Health System Breast Cancer 
  Research (NY).................................................500,000
BER  Michigan Research Institute Life Science Research Center 1,350,000
BER  Univ. of Arizona Environmental and Natural Resources Phase II 
  (AZ)........................................................1,000,000
BER  Children's Hospital of Illinois (IL).......................500,000
BER  Research Equipment Coe College (IA)........................300,000
BER  Loma Linda University Medical Center (CA)................2,000,000
BER  Triology Linear Accelerator at Owensboro Medical Health System 
  (KY)..........................................................300,000
BER  Burpee Museum of Natural History (IL)......................500,000
BER  Rockford Health Council (IL)...............................700,000
BER  Henry Mayo Hospital to purchase new equipment (CA).........400,000
BER  Washington State University Radio Chemistry (WA)...........300,000
BER  Lapeer Regional Medical Center linear accelerator (MI).....300,000
BER  University of Nebraska at Kearney (NE).....................400,000
BER  Science Media program at Ball State University (IN)........400,000
BER  Franklin and Marshall life science building (PA)...........500,000
BER  Boulder City Hospital (NV).................................300,000
BER  Grady Health system disaster preparedness center project (G300,000
BER  Great Lakes Science Center (OH)............................750,000
BER  Cleveland Clinic Brain Mapping (OH)......................1,000,000
BER  Roswell Park Cancer Center (NY)............................500,000
BER  St. Marys Cancer Center Long Beach (CA)....................500,000

[[Page 25228]]

BER  National Polymer Center at the University of Akron (OH)....500,000
BER  Biological and Environmental Center at Mystic Aquarium (CT)500,000
BER  Riverview Medical Center oncology program (NJ).............300,000
BER  Saratoga Hospital Radiation Therapy Center (NY)............750,000
BER  State University of New York- Delhi (NY)...................750,000
BER  Kern Medical Center to purchase and install MRI machine (1,000,000
BER  Western Michigan University Geosciences Initiative (MI)....100,000
BER  Environmental System Center at Syracuse University (NY)....700,000
BER  SUNY-ESF Woody Biomass Project (NY)........................700,000
BER  ORNL Supercomputer Connectivity NextEdge Technology Park (T900,000
BER  Oliveit Nazarene University Science Lab (IL)...............300,000
BER  Northern Virginia Comm. College training biotechnology workers 
  (VA)..........................................................500,000
BER  Recording for the Blind and Dyslexic (FL)..................500,000
BER  Eckerd College Science Center (FL).........................500,000
BER  Notre Dame Ecological Genomics Research Institute (IN)...1,750,000
BER  Inland Water Environmental Institute (ID,WA,UT)..........1,000,000
BER  St. Francis Science Center (IN)............................250,000
BER  Medical Research and Robotics, University of Southern 
  California (CA).............................................1,000,000
BER  Hampshire College National Center for Science Education (MA500,000
BER  Pioneer Valley Life Science Initiative Univ. of Massachusetts 
  (MA)..........................................................750,000
BER  MidAmerica Nazarene Univ. nursing biological science program 
  (KS)..........................................................750,000
BER  Westminster College Science Center (UT)....................750,000
BER  City College of San Francisco-Health Related Equipment (CA)750,000
BER  Science South Development (SC)...........................1,000,000
BER  St. Joseph Science Center (PA).............................750,000
BER  University North Carolina Biomedical Imaging (NC)..........750,000
BER  Augsburg College (MN)....................................1,000,000
BER  Morehouse School of Medicine (GA)........................1,000,000
BER  Jersey City Medical Center (NJ)..........................1,000,000
BER  University of Rochester James P. Wilmot Cancer Center (NY1,000,000
BER  Bronx Community College Center for Sustainable Energy (NY1,000,000
BER  Texas A&M Lake Granbury and Bosque River Assesment (TX)....500,000
BER  Methodist College Environmental Simulation Research (NC)...500,000
BER  Brooklyn College Microscope and Imaging Center (NY)........750,000
BER  Warner Robins Air Logistics Center (GA)....................750,000
BER  University of Chicago Comer Children's Hospital (IL).....1,000,000
BER  Martha's Vineyard Hospital (MA)............................750,000
BER  Joint environmental stewardship at SUNY New Paltz and Ulster CC 
  (NY)..........................................................750,000
BER  Central Arkansas Radiation Therapy Institute/Mountain Home 500,000
BER  Children's Hospital of Los Angles (CA).....................750,000
BER  Wake Forest University Institute for Regenerative Medicine 750,000
BER  Indianapolis Energy Conversion Institute (IN)............1,000,000
BER  Philadelphia Educational Advancement Alliance (PA).........450,000
BER  Barry University-Miami Shores (FL).........................300,000
BER  Montgomery College Biotechnology Project (MD)..............500,000
BER  Purdue Calument Water Institute (IN).......................500,000
BER  University of Chicago Integrated Bioengineering Institute (750,000
BER  Mind Institute in New Mexico (NM).......................11,000,000
BER  Mississippi State University Bio-fuel Application (MS)...1,000,000
BER  University of Louisville Institute for Advanced Materials1,500,000
BER  Center for River Dynamics and Restoration at Utah State 
  University (UT)...............................................400,000
BER  Texas Metroplex Comprehensive Imaging Center (TX)........2,500,000
BER  Ultra Dense Memory Storage for Supercomputing in Colorado1,000,000
BER  Health Sciences Research and Education Facility (MO).....1,500,000
BER  National Center for Regenerative Medicine (OH)...........1,500,000
BER  U. of Alabama at Birmingham-Radiation Oncology Functional 
  Imaging Program (AL)........................................1,000,000
BER  University City Science Park, Philadelphia (PA)..........1,500,000
BER  Jackson State University Bioengineering Complex (MS).....2,000,000
BER  Regis University Science Building Renovation Project (CO)..800,000
BER  St. Jude's Children's Research Hospital (TN)...............500,000
BER  California Hospital Medical Center PET/CT Fusion Imaging System 
  (CA)..........................................................500,000
BER  Mount Sinai Medical Center Imaging and Surgical Equipment1,000,000
BER  Benedictine University Science Lab & Research Equipment (IL350,000
BER  Swedish American Health Systems (IL).......................350,000
BER  La Rabida Children's Hospital, Chicago (IL)................350,000
BER  Edward Hospital, Plainfield, IL (IL).......................500,000
BER  Rush Medical Center (IL)...................................250,000
BER  Morgan State University Center for Environmental Toxicology 
  (MD)..........................................................800,000
BER  Mt. Sinai Hospital Cardiac Catherization Lab (MD)..........350,000
BER  U. of Mass. at Boston Multi-Disciplinary Research Facility & 
  Library (MA)..................................................500,000
BER  CIBS Solar Cell Development (NE)...........................400,000
BER  University Medical Center of S. Nevada Radiology/Oncology 
  Equip. (NV).................................................1,000,000
BER  Pyramid Lake Paiute Tribe Energy Project (NV)..............250,000
BER  University of Delaware Medical Research Facility (DE)......550,000
BER  St. Francis Hospital, Delaware Linear Accelerator (DE).....500,000
BER  Wastewater Pollution and Incinerator Plant in Auburn, NY (N250,000
BER  South Nassau Hospital Green Building (NY)................1,500,000
BER  ViaHealth/Rochester General Hospital Emergency Department (400,000
BER  University of Vermont Functional MRI Research (VT).........400,000
BER  Vermont Institute of Natural Sciences (VT)...............1,000,000
BER  Castleton State College Math and Science Center (VT).....2,000,000
BER  Nevada Cancer Institute (NV).............................1,000,000
BER  Queen's Medical Center Telemedicine Project (HI)...........500,000
BER  Michigan Technological University Fuel Cell Research (MI)..500,000
BER  St. Francis Hospital Escanaba, Michigan (MI)...............250,000
BER  Sarcoma Alliance for Research through Collaboration (MI)...250,000
BER  Hackensack University Medical Center Green Building (NJ).1,000,000
BER  Hackensack U. Medical Center Ambulatory Adult Cancer Center 
  (NJ)..........................................................250,000
BER  College of New Jersey Genomic Analysis Facility (NJ).......250,000
BER  W. Michigan U. Expanded Energy & Natural Resources Learning Ctr 
  (MI)..........................................................500,000
BER  Arnold Palmer Prostate Center (CA).........................500,000
BER  LA Immersive Tech. Enterprise program at the U. of LA-Lafayette 
  (LA)..........................................................400,000
BER  Brown University MRI Scanner (RI)........................1,000,000
BER  University of Dubuque Environmental Science Center (IA)....700,000
BER  New School University in New York City (NY)................500,000
BER  Oregon Nanoscience and Microbiologies Institute (OR).......400,000
BER  GeoHeat Center at the Oregon Renewable Energy Center (OR)..500,000
BER  Portland Center Stage Armory Theater Energy Conservation 
  Project (OR)..................................................500,000
BER  U. of Massachusetts Medical School NMR Spectrophotometer (M250,000
BER  Mojave Bird Study (NV).....................................250,000
BER  Minnesota Center for Renewable Energy......................500,000
BER  Science Center at Malby Nature Preserve in Minnesota (MN)..250,000
BER  Existing Business Enhancement Program Building, U. of N. Iowa 
  (IA)........................................................1,000,000

[[Page 25229]]

BER  Medical University of South Carolina (SC)..................500,000
BER  Community College of Southern Nevada Transportation Academy 
  (NV)..........................................................500,000
BER  South Dakota State University (SD).......................1,000,000
BER  Univ. of Arkansas Cancer Research Center (AR)............1,000,000
BES  Altair Nanotech (NV).....................................2,500,000
MM  UCLA Institute for Molecular Medicine (CA)................7,000,000
MM  New York Structural Biology Center (NY).....................750,000
BER  University of North Dakota Center for Biomass Utilization1,000,000
BER  St. Joseph College, West Hartford alternative sources of energy 
  dem.project (CT)..............................................500,000
BER  Portland State University's Solar Photovoltaic Test Facility 
  System (OR)...................................................150,000
BER  Brockton Photovoltaic Initiative (MA)......................100,000

       Basic Energy Sciences.--The conferees provide 
     $1,146,017,000 for basic energy sciences, the same as the 
     budget request. The conference agreement includes 
     $746,143,000 for materials sciences and engineering research, 
     and $221,801,000 for chemical sciences, geosciences, and 
     energy biosciences. All basic energy science construction 
     projects are funded at the request level: $41,744,000 for the 
     Spallation Neutron Source (99-E-334) at Oak Ridge National 
     Laboratory; $2,544,000 for Title I and Title II design work 
     (03-SC-002) and $83,000,000 to initiate construction (05-R-
     320) for the Linac Coherent Light Source at the Stanford 
     Linear Accelerator Center; $36,553,000 for the Center for 
     Functional Nanomaterials (05-R-321) at Brookhaven National 
     Laboratory; $9,606,000 for the Molecular Foundry (04-R-313) 
     at Lawrence Berkeley National Laboratory; and $4,626,000 for 
     the Center for Integrated Nanotechnologies (03-R-313) at Los 
     Alamos and Sandia National Laboratories. Also included at the 
     request level is $7,280,000 for the Experimental Program to 
     Stimulate Competitive Research (EPSCoR). Within available 
     funds, the conferees encourage the Department to continue the 
     purchase of fuel for the High Flux Isotope Reactor. The 
     conferees note the recent CD-0 decision on the National 
     Synchrotron Light Source-II at Brookhaven National 
     Laboratory, and encourage the Department to fund 
     expeditiously the project engineering and design for this 
     facility.
       Advanced Scientific Computing Research.--The conference 
     agreement includes $237,055,000 for advanced scientific 
     computing research, an increase of $30,000,000 over the 
     budget request. This increase is provided to the Center for 
     Computational Sciences to accelerate the efforts to develop a 
     leadership-class supercomputer to meet scientific 
     computational needs. Of this $30,000,000, $25,000,000 should 
     be dedicated to hardware and $5,000,000 to competitive 
     university research grants.
       Science Laboratories Infrastructure.--The conferees provide 
     a total of $42,105,000 for science laboratories 
     infrastructure, an increase of $2,000,000 over the budget 
     request. The additional funds are provided to complete 
     project engineering and design and initiate construction for 
     the 300 Area capability replacement laboratory at Pacific 
     Northwest National Laboratory (project MEL-001-046). Within 
     available funds, the conferees direct the Department to 
     continue to make PILT payments associated with Argonne 
     National Laboratory at the fiscal year 2005 level.
       Fusion Energy Sciences.--The conferees provide $290,550,000 
     for fusion energy sciences, the same as the budget request. 
     The conferees direct the Department to utilize $29,900,000 of 
     funding proposed for ITER work in fiscal year 2006 to restore 
     U.S.-based fusion funding to fiscal year 2005 levels as 
     follows: $7,300,000 for high performance materials for 
     fusion; $8,700,000 to restore operation of the three major 
     user facilities to fiscal year 2005 operating levels; 
     $7,200,000 for intense heavy ion beams and fast ignition 
     studies; $5,100,000 for compact stellarators and small-scale 
     experiments; and $1,600,000 for theory. As in previous years, 
     the conferees direct the Department to fund the U.S. share of 
     ITER in fiscal year 2007 through additional resources rather 
     than through reductions to domestic fusion research or to 
     other Office of Science programs. Within available funds, the 
     conferees include $1,000,000 for non-defense research 
     activities at the Atlas Pulse Power facility. In addition, 
     the conferees direct the Government Accountability Office 
     (GAO) to undertake a study of the Office of Science Fusion 
     Energy Sciences program in order to define the role of the 
     major domestic facilities in support of the ITER, including 
     recommendations on the possible consolidation or focus of 
     operations to maximize their research value in support of 
     ITER. The GAO shall also evaluate the opportunities to 
     leverage the National Nuclear Security Administration 
     investment as an alternative to the tokamak concept.
       Safeguards and Security.--The conference agreement includes 
     $74,317,000 for safeguards and security, the same as the 
     requested amount.
       Science Workforce Development.--The conference agreement 
     includes $7,192,000 for Science Workforce Development, the 
     same as the budget request.
       Science Program Direction.--The conferees provide 
     $160,725,000 for Science Program Direction. The control level 
     for fiscal year 2006 is at the program account level of 
     Science Program Direction.
       Funding Adjustments.--The conference agreement includes an 
     offset of $5,605,000 for the safeguards and security charge 
     for reimbursable work.

                         Nuclear Waste Disposal

       The conference agreement provides $150,000,000 for Nuclear 
     Waste Disposal. When combined with the $350,000,000 provided 
     in the Defense Nuclear Waste Disposal account, this makes a 
     total of $500,000,000 available in fiscal year 2006 for 
     activities related to nuclear waste disposal.
       Repository program.--During 2005, the Department was unable 
     to complete the License Support Network and faced problems in 
     the quality assurance for water modeling done by the U.S. 
     Geological Survey, several significant legal setbacks, and a 
     major, controversial proposed change to the radiation 
     standard for the repository. These events impact on the 
     Department's ability to submit a quality License Application 
     during fiscal year 2006, as originally scheduled. Further 
     significant schedule slippages are likely. While the 
     Department claims to be taking a number of corrective actions 
     to address these problems, these changes mean that the 
     Department will not be performing all of the license 
     preparation and license defense activities that were 
     originally envisioned when the fiscal year 2006 budget 
     request of $651,000,000 was developed. The conferees believe 
     that $450,000,000 will be sufficient in fiscal year 2006.
       Assistance to affected units of local government.--Within 
     the funds made available for the repository program, the 
     conferees provide $2,000,000 to the State of Nevada; 
     $7,500,000 for the affected units of local government; and 
     $500,000 for Nye County, Nevada, as authorized under the 
     Nuclear Waste Policy Act for appropriate oversight actions. 
     These funds for Nye County shall be separate and apart from 
     oversight funding under Section 116(c) of the Nuclear Waste 
     Policy Act. The conferees have included bill language 
     reducing the Department's fiduciary responsibility for this 
     oversight funding in light of the adversarial nature of the 
     license application process. Additionally, the conferees 
     direct the Department to renew, as appropriate, existing 
     cooperative agreements with affected units of local 
     government. The Department is specifically directed to enter 
     into a three-year cooperative agreement with Inyo County, 
     California, to complete the study of groundwater connections 
     between Yucca Mountain and Death Valley National Park. The 
     conferees expect this agreement to be in place in time to 
     enable winter test drilling in Death Valley during the winter 
     of 2005-2006.
       Integrated spent fuel recycling.--Given the uncertainties 
     surrounding the Yucca Mountain license application process, 
     the conferees provide $50,000,000, not derived from the 
     Nuclear Waste Fund, for the Department to develop a spent 
     nuclear fuel recycling plan. Under the Nuclear Energy 
     account, the conferees provide additional research funds to 
     select one or more advanced recycling technologies and to 
     complete conceptual design and initiate pre-engineering 
     design of an Engineering Scale Demonstration of advanced 
     recycling technology. Coupled with this technology research 
     and development effort, funds are provided under the Nuclear 
     Waste Disposal account to prepare the overall program plan 
     and to initiate a competition to select one or more sites 
     suitable for development of integrated recycling facilities 
     (i.e., separation of spent fuel, fabrication of mixed oxide 
     fuel, vitrification of waste products, and process storage) 
     and initiate work on an Environmental Impact Statement. The 
     site competition should not be limited to DOE sites, but 
     should be open to a wide range of other possible federal and 
     non-federal sites on a strictly voluntary basis. The 
     conferees remind the Department that the Nuclear Waste Policy 
     Act prohibits interim storage of nuclear waste in the State 
     of Nevada. To support the development of detailed site 
     proposals for this competition, the conferees make a total of 
     $20,000,000 available to the site offerors, with a maximum of 
     $5,000,000 available per site. To be eligible to receive 
     these funds, each applicant site must be able to identify all 
     state, regulatory, and environmental permits required for 
     permitting this facility, including identifying any 
     legislative or regulatory prohibitions that might prevent 
     siting such a facility. The conferees direct the Secretary to 
     submit a detailed program plan to the House and Senate 
     Committees on Appropriations not later than March 31, 2006, 
     and to initiate the site selection competition not later than 
     June 30, 2006. The target for site selection is fiscal year 
     2007, and the target for initiation of construction of one or 
     more integrated spent fuel recycling facilities is fiscal 
     year 2010. Any funds deemed to be in excess of the needs for 
     the integrated recycling program plan may only be diverted to 
     other activities after submittal and approval of a formal 
     reprogramming to Congress.

[[Page 25230]]



                      Departmental Administration

       The conference agreement provides a net appropriation of 
     $129,817,000 for Departmental Administration expenses. This 
     amount includes a transfer of $87,575,000 from Other Defense 
     Activities for defense-related Departmental Administration 
     activities and the Congressional Budget Office estimate of 
     $123,000,000 for revenues. Specific funding levels for each 
     organization funded under the Departmental Administration 
     account are detailed in the accompanying table. The conferees 
     include bill language requiring a report on security at 
     Building 3019, Oak Ridge National Laboratory.
       Chief Information Officer.--The conferees provide 
     $39,385,000, an increase of $1,418,000 over the current year 
     level. The conferees do not support the proposed 63 percent 
     growth in support services contracts for the Chief 
     Information Officer.
       Congressional and intergovernmental affairs.--The 
     conference agreement provides $4,826,000, the same as the 
     current year funding level. The conferees expect that the 
     Department will continue the long-standing practice that the 
     primary channel for Departmental liaison with the House 
     Appropriations Committee shall be the Chief Financial 
     Officer.
       Policy and international affairs.--The conference agreement 
     provides $14,993,000, the same as the current year funding 
     level.
       Office of Engineering and Construction Management.--The 
     conferees support the House report language regarding the 
     importance of improving project management within the 
     Department.
       Cybersecurity and secure communications.--The conference 
     agreement provides $24,733,000, the same as the current year 
     funding level.
       Corporate management information program.--The conference 
     agreement provides the requested level of $23,055,000. 
     However, the conferees are concerned about the recent 
     failures of STARS and remind the Department of the importance 
     of having a system that provides timely and accurate 
     accounting information.
       Working Capital Fund.--The conferees renew the guidance 
     provided in House Report 107-681 regarding management of the 
     Working Capital Fund.

                      Office of Inspector General

       The conference agreement provides $42,000,000 for the 
     Office of the Inspector General, a slight decrease from the 
     request but an increase over the current year funding level.

                    Atomic Energy Defense Activities

                National Nuclear Security Administration

       The National Nuclear Security Administration (NNSA), a 
     semi-autonomous agency within the Department of Energy, 
     manages the Nation's nuclear weapons, nuclear 
     nonproliferation, and naval reactors activities.
       The conference agreement does not include the proposed 
     cleanup transfer from Environmental Management to the NNSA 
     and the conference recommendation assumes the EM program 
     retains the cleanup program scope.
       Availability of funds.--The conference agreement makes 
     funds available until expended.

                           Weapons Activities

       The conference agreement provides $6,433,936,000 for 
     Weapons Activities instead of $6,574,024,000 as proposed by 
     the Senate and $6,181,121,000 as proposed by the House. The 
     conferees agree with the House language regarding 
     reprogramming authority for weapons activities.
       Sustainable Stockpile Initiative.--The conferees support 
     the basic tenets of the House language on a Sustainable 
     Stockpile Initiative, including support for the reliable 
     replacement warhead program, an accelerated warhead 
     dismantlement program, and a reconfiguration of the weapons 
     complex to create a responsive infrastructure that maximizes 
     special nuclear material consolidation. The conferees 
     appreciate the significant effort by the members of the 
     Secretary of Energy's Advisory Board Infrastructure Task 
     Force that produced the Nuclear Weapons Complex 
     Infrastructure Study and expect the Secretary to give serious 
     consideration to the recommendations in the fiscal year 2007 
     budget request.

                        Directed Stockpile Work

       Directed stockpile work (DSW).--The conference agreement 
     includes $1,386,189,000 for directed stockpile work. The 
     conference agreement provides $300,818,000 for DSW Life 
     Extension Programs. The conference agreement provides 
     $311,804,000 for DSW Stockpile Systems and $60,000,000 for 
     DSW Warhead Dismantlement. The conferees note the importance 
     of an aggressive warhead dismantlement program as part of the 
     mission of the NNSA and direct the Administrator to submit a 
     report to the Committees on Appropriations addressing the 
     cost, scope and schedule of expanding the NNSA infrastructure 
     to increase the dismantlement capacity of the complex. The 
     report is due on March 1, 2006.
       Reliable Replacement Warhead (RRW).--The conferees have 
     provided $25,000,000 for the RRW program. The conferees 
     expect that the laboratories and plants will also utilize the 
     existing resources in the Directed Stockpile, Campaigns, and 
     Readiness in Technical Base and Facilities accounts where 
     applicable to further the RRW design options to support a 
     Nuclear Weapons Council determination in November 2006. The 
     conferees reiterate the direction provided in fiscal year 
     2005 that any weapon design work done under the RRW program 
     must stay within the military requirements of the existing 
     deployed stockpile and any new weapon design must stay within 
     the design parameters validated by past nuclear tests. The 
     conferees expect the NNSA to build on the success of science-
     based stockpile stewardship to improve manufacturing 
     practices, lower costs and increase performance margins, to 
     support the Administration's decision to significantly reduce 
     the size of the U.S. nuclear stockpile.
       The conference agreement provides $688,567,000 for DSW 
     Stockpile services. From within the funds provided in DSW 
     Stockpile services, the conferees direct the NNSA to provide 
     $40,000,000 to fund the Nevada Test Site, $5,000,000 above 
     the request, to maintain the Subcritical Experiment Program, 
     including the Phoenix Explosive Pulse Power program. From 
     within available funds, the conferees provide $6,000,000 to 
     Los Alamos National Laboratory to conduct hydrodynamic 
     testing in support of the Stockpile Stewardship program and 
     $3,000,000 above the request to fund independent assessments 
     of the safety of the stockpile and secure information 
     exchange within the weapons complex.
       The conference agreement provides no funds for the Robust 
     Nuclear Earth Penetrator (RNEP) feasibility study.
       The conferees support a degree of flexibility in executing 
     this budget by providing limited reprogramming authority 
     within Directed Stockpile Work [DSW]. The control levels for 
     the Directed Stockpile Work are:
       (1) Life Extension Programs;
       (2) Stockpile Systems;
       (3) Reliable Replacement Warhead;
       (4) Warhead Dismantlement; and
       (5) Stockpile Services.

                               Campaigns

       Campaigns.--The conferees support the Senate language 
     directing the Department to renew for 5 years the existing 
     cooperative agreements with the University of Nevada Las 
     Vegas and the University of Nevada Reno. The Department is 
     also directed to provide funding of $3,000,000 to each 
     institution per year.
       For science campaigns, the conference agreement provides 
     $279,464,000. The conference agreement provides $49,718,000 
     for primary assessment technologies and $20,000,000 for Test 
     Readiness, a reduction of $5,000,000 from the budget request. 
     The conferees direct the Department to maintain the current 
     24-month test readiness posture. The conferees include 
     $12,500,000, an increase of $2,500,000, to fund the Nevada 
     Test Site to support dynamic experiments, diagnostics, and 
     data analysis, including past UGT analysis. The conferees 
     direct the NNSA to conduct a study to evaluate the capability 
     of proton radiography of the LANSCE facilities to support 
     stockpile stewardship activities. The report is due to the 
     House and Senate Committees on Appropriations by July 1, 
     2006.
       The conference agreement provides $83,894,000 for dynamic 
     materials properties, an increase of $3,000,000 above the 
     budget request to support additional experiments at the Joint 
     Actinide Shock Physics Experimental Research facility and at 
     the Atlas facility. The conferees provide $1,000,000 for the 
     LCS laser upgrade at the Idaho Accelerator Center. The 
     conferees provide $49,520,000 for advanced radiography, the 
     same as the budget request. The conferees direct the JASONS 
     to undertake a study of the Dual Axis Radiographic Hydro Test 
     Facility (DARHT) to evaluate the DARHT 2nd axis refurbishment 
     plan and to validate the current schedule and cost baseline. 
     The conferees expects the JASONS to consider whether or not 
     the NNSA has taken the appropriate steps to resolve the 
     technical difficulties associated with the induction linac 
     technology and whether or not the second axis is expected to 
     return to service as currently planned in 2008 in order to 
     meet the National Hydrotest Plan requirements. The conferees 
     recommend $76,332,000 for secondary assessment technologies, 
     an increase of $15,000,000 over the budget request. The 
     conferees provide the additional funds to Los Alamos National 
     Laboratory to restore high-energy-density experimental 
     capabilities.
       The conference agreement provides $250,411,000 for 
     engineering campaigns. The conference agreement for the 
     enhanced surety campaign is $40,000,000. The conferees direct 
     NNSA to utilize the MESA facility to develop micro-technology 
     for surety architecture. The conference agreement for the 
     weapons system engineering assessment technology is 
     $17,540,000. The conference agreement for nuclear 
     survivability is $22,386,000 and the conference 
     recommendation for enhanced surveillance campaign is 
     $100,207,000. From within available funds, the conferees 
     provide $4,465,000 to continue the grant-funded University 
     Research Program in Robotics.
       Engineering campaign construction projects.--The conference 
     agreement provides $65,564,000 for Project 01-D-108, 
     Microsystem and engineering science applications (MESA) at 
     SNL, in New Mexico and $4,714,000 in operating funds.

[[Page 25231]]

       Inertial Confinement Fusion (ICF) Ignition and High 
     Yield.--The conference agreement includes $549,073,000 for 
     the inertial confinement fusion ignition and high yield 
     program. The conferees support the House language regarding 
     project management control systems for managing the ICF 
     program. The conferees direct the NNSA Administrator to issue 
     a report by March 1, 2006 that identifies the scientific and 
     stockpile stewardship value of the National Ignition Facility 
     if the project fails to achieve the ignition demonstration by 
     2011, or at any time in the future.
       Ignition.--The conference agreement recommends $75,615,000, 
     the same as budget request.
       Support for Other Stockpile Programs.--The conference 
     agreement includes $19,872,000, an increase of $10,000,000 
     over the budget request, to perform experiments on the Z-
     machine to validate computer models as well as experiments on 
     OMEGA at the University of Rochester.
       NIF Diagnostics, Cryogenics and Experimental Support.--The 
     conference agreement provides $43,008,000, the same as the 
     budget request.
       Pulsed Power Inertial Confinement Fusion.--The conference 
     recommendation includes $11,012,000, a $901,000 increase over 
     the budget request, for pulsed power ICF to assess Z pinches 
     as drivers for ignition and high yield fusion.
       University Grants/Other ICF Support.--The conference 
     recommendation includes $7,700,000 for research assistance in 
     high energy density science, a level consistent with fiscal 
     year 2005. The conference agreement includes $5,000,000 for 
     the Nevada Terawatt Facility. Within the funds provided, 
     $3,000,000 is for research into strongly magnetized high 
     energy density matter and $2,000,000 is for construction of 
     the high energy, short-pulse laser system.
       Facility Operations and Target Production.--The conference 
     agreement includes $64,623,000, an additional $10,000,000 
     over the request, for facility operations and target 
     production. The conferees provide the additional $10,000,000 
     to accelerate target fabrication.
       Inertial Fusion Technology.--The conference agreement 
     restores $48,000,000 of funding for the Inertial Fusion 
     Technology program. Within the funds provided, $25,000,000 is 
     for continuing development of high average power lasers, 
     $2,000,000 for the high density matter laser at the Ohio 
     State University Technology Park, $15,000,000 for the Naval 
     Research Laboratory, and $6,000,000 to prepare Z-machine to 
     support extended operations.
       NIF Demonstration.--The conference agreement includes 
     $102,330,000 to support the NIF Demonstration program.
       High Energy Petawatt Laser Development.--The conferees 
     provide $35,000,000 for high energy petawatt laser 
     development, an increase of $32,000,000 above the request. 
     The conference recommendation includes an additional 
     $4,000,000 for OMEGA operations to provide additional shots 
     to support ignition demonstration in 2011 and an additional 
     $22,000,000 to accelerate the OMEGA Extended Performance 
     capability project, a four beam super-high-intensity, high-
     energy laser facility. Within the available funds, $2,000,000 
     is provided for continued development of petawatt laser at 
     the University of Texas at Austin; $2,000,000 is provided to 
     the University of Nevada, Reno to continue its collaboration 
     with Sandia National Laboratories on highly diagnosed studies 
     of exploding wire arrays and implosion dynamics. The 
     conferees provide $2,000,000 to Sandia National Laboratories 
     for Z-Petawatt Consortium experiments using the Sandia Z-
     Beamlet and Z petawatt lasers.
       Construction--Project 96-D-111.--The conferees provide 
     $141,913,000 for construction of the National Ignition 
     Facility (NIF), the same as the budget request.
       Advanced Simulation and Computing (ASCI).--The conference 
     agreement provides $605,830,000 for Advanced Simulation and 
     Computing. The conferees recognize that the modern networking 
     technologies employed by the ASC program enable effective 
     long-distance access to high-end computing. The conferees 
     urges the ASC program to provide adequate federal oversight 
     to ensure that the capability supercomputers are used as a 
     national resource, shared by the three weapons laboratories, 
     and are applied to the highest priority weapons systems 
     requirements that cannot be solved in a timely manner on 
     capacity computers. The conferees direct the NNSA to allocate 
     capacity computing funds to each lab based on the pending or 
     projected highest priority stockpile workload. The conference 
     recommendation includes the following projects from within 
     available funds: Nonprofit AVETeC for Nextedge Technology 
     Park, Springfield (OH), $10,000,000; Wittenberg University 
     supercomputer (OH), $1,000,000; Notre Dame/Purdue 
     Supercomputer Grid (IL, IN), $5,000,000; and $6,000,000 
     provided to continue the demonstration at the Pacific 
     Northwest National Laboratory of advanced electronics 
     packaging and thermal engineering for thermally-efficient 
     electronics related to high performance data servers using 
     three dimensional chip scale packaging integrated with spray 
     cooling (WA).
       For the pit manufacturing and certification campaign, the 
     conference agreement provides $241,074,000. The conference 
     agreement provides $120,926,000 for W88 pit manufacturing and 
     $61,895,000 for W88 pit certification, the same as the budget 
     request. The conference agreement provides $23,071,000 for 
     Pit Manufacturing Capability and $35,182,000 for Pit campaign 
     support at the Nevada Test Site. The conference agreement 
     provides no funding for the modern pit facility. The 
     conferees direct the Administrator of the NNSA to undertake a 
     review of the pit program to focus on improving the 
     manufacturing capability at TA-55. The conferees also direct 
     the Department to develop a report as to how the NNSA intends 
     to address the radiological mission and security needs of 
     category III/IV material currently housed at TA-18 at Los 
     Alamos. This report shall be provided to the Committees on 
     Appropriations by February 1, 2006.
       For readiness campaigns, the conference agreement provides 
     $218,755,000. The conference agreement provides $31,400,000 
     for the Stockpile readiness campaign. The conference 
     agreement provides $17,097,000 for High explosives weapons 
     operations. The conference agreement provides $28,630,000 for 
     the non-nuclear readiness campaign. The conference agreement 
     provides $54,040,000 for the advanced design and production 
     technologies campaign. Funding for the tritium readiness 
     campaign is the same as the budget request.

               Readiness in Technical Base and Facilities

       Readiness in technical base and facilities.--For readiness 
     in technical base and facilities, the conference agreement 
     provides $1,647,885,000, an increase of $16,499,000 over the 
     budget request, and includes several funding adjustments.
       Within funds provided for operations of facilities, the 
     conferees direct that, at a minimum, an additional 
     $51,000,000 be provided for the Pantex plant in Texas and an 
     additional $40,000,000 for the Y-12 Plant in Tennessee as 
     proposed by the House and $15,000,000 for the Kansas City 
     Plant in Kansas as proposed by the Senate. The conference 
     agreement provides the budget request of $25,000,000 for 
     Lawrence Livermore Laboratory and $21,997,000 for the Y-12 
     plant to address newly generated waste activities.
       The conferees provide the funding adjustments proposed by 
     the Senate: $7,500,000 to support operation and 
     recapitalization of facilities at the Nevada Test Site; 
     $11,000,000 for modification of the Z-Beamlet laser at the Z 
     Pinch at Sandia National Laboratories; $12,000,000 to support 
     MESA Operations; $2,500,000 for the UNLV Research Foundation 
     to support the ongoing programs of the Institute for Security 
     Studies; $3,000,000 for the Advanced Monitoring Systems 
     Initiative at the NTS to continue micro-sensing technology 
     deployment and prototype deployment of remote monitoring 
     systems for the underground test area; $7,500,000 to improve 
     and upgrade existing roads at the Nevada Test Site and an 
     additional $4,000,000 to install two new water storage tanks 
     in Area 6 of the NTS; $1,000,000 to purchase and install a 
     Geographic Information Center at the NTS; $4,000,000 to 
     install a 17-mile fiber optic link between the Nevada Test 
     Site and Indians Springs Air Force Base; and $4,500,000 to 
     upgrade the Emergency Operations Center within the Nevada 
     Support Facility to meet national program goals. The 
     recommendation also includes, within funds provided, 
     $3,000,000 for the Consortium on Terrorism and Fire Science 
     at UNR; $500,000 for the continuing operations and security 
     at the Atomic Testing History Institute; $2,000,000 to the 
     UNLV Research Foundation to continue support of the 
     radioanalytical services laboratory; $3,500,000 to the not-
     for-profit Technology Ventures Corporation to continue the 
     successful technology transfer and commercialization efforts 
     at the National Laboratories and the Nevada Test Site; 
     $1,750,000 for the National Museum of Nuclear Science and 
     History; $2,000,000 for the Arrowhead Center at New Mexico 
     State University; $2,000,000 for Rapid Prototyping activities 
     at the Special Technology Laboratory in Santa Barbara, (CA) 
     to accelerate development of sensor and live plume tracking 
     capabilities at the Nevada Test Site; $2,000,000 for a 
     public-private partnership to continue the test and 
     evaluation of water filtration technology to protect the 
     public against nuclear, biological, and chemical threats; and 
     $1,000,000 to continue the ongoing administration 
     infrastructure support grant for the UNLV Research 
     Foundation.
       Nanotechnology.--The conferees provide $15,000,000 from 
     within available funds for the establishment of the National 
     Nanotechnology Enterprise Development Center (NNEDC), to be 
     managed by the Center for Integrated Nanotechnologies. The 
     NNEDC will assist in the technology maturation of 
     nanotechnologies developed at each of the National 
     Nanoscience Initiative Facilities and to assist in their 
     transition to the marketplace, while emphasizing 
     opportunities for industrial partnerships with the Center for 
     Integrated Nanotechnologies. Proposals to the NNEDC will be 
     considered by a board of experts qualified to evaluate 
     proposals based on both their scientific merit and their 
     commercial potential, including a representative from each of 
     the National Nanoscience

[[Page 25232]]

     Initiative Facilities, and a similar number of 
     representatives from economic development and commercial 
     sectors to be selected by the Department of Energy's Office 
     of Science.
       Advanced Computing.--The conferees provide $35,000,000 to 
     Los Alamos National Laboratory to acquire additional 
     computing capacity.
       Within funds provided, the conferees provide the funding 
     adjustments proposed by the House: $1,150,000 for risk based 
     data management in Oklahoma (OK); $2,000,000 for Robotics 
     repetitive system technology (OH); $3,750,000 for Plasma 
     Separation Process High Energy Storage Isotope research (TN); 
     $1,500,000 for Multi-Platform dosimeter radiation detection 
     devices (WA); $2,000,000 for Secure Wireless Technologies at 
     Y-12 (TN); $2,000,000 for Airborne Particulate Threat 
     Assessment (PA); $2,000,000 for command and control of 
     Vulnerable Materials Security System (PA, NJ); $1,000,000 for 
     Advanced Engineering Environment at Sandia, Livermore (CA).
       The conference agreement includes the budget request of 
     $105,738,000 for Program Readiness, $72,730,000 for material 
     recycle and recovery, $17,247,000 for containers, and 
     $25,222,000 for storage. The conference recommendation 
     provides the budget request for the activities under special 
     projects within the funds provided for operations of 
     facilities.
       Construction projects.--For RTBF construction projects, the 
     conference agreement includes the budget request, except for 
     the following adjustments: an additional $2,000,000 for 
     Project 05-D-140, Project Engineering and Design for Test 
     Capabilities Revitalization project at Sandia National 
     Laboratory and an additional $11,000,000 for Project 01-D-
     124, HEU materials facility at the Y-12 plant, Oak Ridge, TN.

             Facilities and Infrastructure Recapitalization

       Facilities and infrastructure recapitalization.--The 
     conference agreement includes $150,873,000 for the facilities 
     and infrastructure (F&I) recapitalization program.

                      Secure Transportation Asset

       Secure Transportation Asset.--The conference agreement 
     provides $212,100,000 for secure transportation asset. The 
     conference agreement provides $68,334,000 for program 
     direction.

                   Nuclear Weapons Incident Response

       Nuclear Weapons Incident Response.--The conference 
     agreement provides $118,796,000 for nuclear weapons incident 
     response.

                        Safeguards and Security

       Safeguards and security.--The conference agreement includes 
     $805,486,000, an increase of $65,008,000 over the budget 
     request, for safeguards and security activities at 
     laboratories and facilities managed by the National Nuclear 
     Security Administration. Within funds provided for safeguards 
     and security, the conferees direct that, at a minimum, an 
     additional $25,000,000 be provided for the Pantex plant in 
     Texas and an additional $60,000,000 for the Y-12 Plant in 
     Tennessee, as proposed by the House, and $20,000,000 to 
     complete the expansion of the red network at Los Alamos as 
     proposed by the Senate. The conferees provide $1,900,000 to 
     demonstrate an enterprise PKI for secure communication at 
     Sandia National Lab. The conferees direct the NNSA to fund 
     the protective force at the Device Assembly Facility, 
     including full implementation of the protective force Special 
     Response Team program at the Nevada Test Site.

                          Funding Adjustments

       Funding adjustments.--The conference agreement includes an 
     adjustment of $32,000,000 for a security charge for 
     reimbursable work, as proposed in the budget.

                    Defense Nuclear Nonproliferation

       The conference agreement provides $1,631,151,000 for 
     Defense Nuclear Nonproliferation.

       Nonproliferation and Verification Research and Development

       Nonproliferation and Verification Research and 
     Development.--The conference agreement provides $322,000,000 
     for nonproliferation and verification research and 
     development, an increase of $49,782,000 over the budget 
     request. The conferees provide $177,471,000 for proliferation 
     detection, an increase of $25,000,000 over the budget 
     request; and $125,424,000 for nuclear explosion monitoring, 
     an increase of $16,782,000 over the request, of which 
     $24,000,000 is for ground-based systems for treaty 
     monitoring; and $6,105,000 for supporting activities. The 
     Committee provides $13,000,000 for Project 06-D-180, National 
     Security Laboratory at the Pacific Northwest National 
     Laboratory (PNNL), an increase of $8,000,000 over the budget 
     request. The additional $8,000,000 is to complete project 
     engineering and design and initiate construction on 300 Area 
     capability replacement laboratory.
       The conferees direct the Department to conduct a free and 
     open competitive process for at least $7,500,000 of its 
     research and development activities during fiscal year 2006 
     for ground-based systems treaty monitoring. From within 
     available funds, the conference agreement includes the 
     following projects: $2,500,000 for the UNLV Research 
     Foundation to support nonproliferation activities at the 
     Institute for Security Studies; $4,000,000 for portable high 
     purity germanium detectors for incident response and 
     radiation detection applications; $1,000,000 for the National 
     Center for Biodefense at George Mason University (VA); 
     $1,000,000 for the Offshore Detection Integrated System (OH); 
     $750,000 for developing neutron dosimeter and Gamma-Beta 
     Survey meter (OH); $300,000 for the Texas A&M Moscow Physics 
     Institute-Nonproliferation and International Security Program 
     (TX); and $500,000 for Mega Cargo Imaging program at the 
     Nevada Test Site (NV). From within available funds, the 
     conference agreement includes up to $5,000,000 to support a 
     chemical and biological detection research and development 
     program in the NNSA.

              Nonproliferation and International Security

       Nonproliferation and International Security.--The 
     conference agreement provides $75,000,000 for 
     nonproliferation and international security, a reduction of 
     $5,173,000 below the budget request. The conferees provide 
     $10,000,000 for initiatives focused on removing nuclear 
     weapons-usable materials from vulnerable sites around the 
     world. The conferees direct the Department to provide 
     $3,000,000 in grants to institutions of higher learning and 
     non-profit entities for research related to nuclear 
     nonproliferation and chemical and biological weapons 
     detection. Each individual grant provided shall not exceed 
     $250,000.

                 Nonproliferation Programs With Russia

       International Nuclear Materials Protection and Cooperation

       International Materials Protection, Control and Cooperation 
     (MPC&A).--The conference recommendation is $427,000,000 for 
     the MPC&A program, an increase of $83,565,000 over the budget 
     request. The conferees provide the additional funds to 
     accelerate the new opportunities to secure nuclear warhead 
     storage sites resulting from the Bratislava Summit agreement. 
     The conference agreement provides the budget request within 
     the Second Line of Defense program for the MegaPorts 
     initiative.

             Global Initiative for Proliferation Prevention

       Global Initiative for Proliferation Prevention.--The 
     conference agreement provides $40,000,000 for the Initiatives 
     for Proliferation Prevention (IPP) program and the Nuclear 
     Cities Initiative (NCI).

       Highly Enriched Uranium (HEU) Transparency Implementation

       HEU Transparency Implementation.--The conference agreement 
     provides $19,483,000, a reduction of $1,000,000 from the 
     budget request.

           Elimination of Weapons-Grade Plutonium Production

       Elimination of Weapons-Grade Plutonium Production.--The 
     conference agreement provides $176,185,000, an increase of 
     $44,185,000 over the budget request, for the elimination of 
     weapons-grade plutonium production program. The conferees 
     provide the additional funds to maintain the schedule to 
     shutdown the Zheleznogorsk reactor by 2011 and expect the 
     Department to fully fund the outyear budget requirement in 
     the Future Years Nuclear Security Program five year budget 
     plan to accomplish the reactor shutdown milestone.

                     Fissile Materials Disposition

       Fissile Materials Disposition.--The conference agreement 
     provides $473,508,000 for fissile materials disposition, a 
     reduction of $179,557,000 from the budget request. Funding of 
     $195,000,000 is provided for U.S. surplus materials 
     disposition and $34,508,000 for the Russian plutonium 
     disposition program. The conferees have included language 
     modifying the statutory provision allowing for significant 
     fines against the Department of Energy if the MOX production 
     schedule slips in future years. Since fiscal year 2001, 
     Congress has provided in excess of $1.1 billion for the MOX 
     construction project. Recognizing that the liability impasse 
     has been resolved with the Russian Federation, the conferees 
     expect the MOX facility construction activity at the Savannah 
     River Site will proceed on schedule.
       Construction projects.--The conference recommendation 
     includes $220,000,000 for Project 99-D-143, the Mixed Oxide 
     Fuel Fabrication facility project, a reduction of 
     $118,565,000 from the budget request. The conferees expect 
     the Department to utilize fully the available prior year 
     balances in the Mixed Oxide (MOX) construction project to 
     begin construction before requesting significant additional 
     budget authority. Funding of $24,000,000 is provided for 
     Project 99-D-141, the Pit Disassembly and Conversion Facility 
     project.

                   Global Threat Reduction Initiative

       Global Threat Reduction Initiative.--The conference 
     agreement provides $97,975,000, the same as the budget 
     request, for the Global Threat Reduction Initiative program. 
     The conference agreement provides the budget request for the 
     Kazakhstan Spent Fuel Disposition program. The conference 
     agreement

[[Page 25233]]

     provides up to $7,000,000 from within available funds, to 
     support the conversion of university research reactors from a 
     highly enriched uranium core to a low enriched uranium core, 
     for as many as four research reactors located in the United 
     States. The reactors targeted for conversion are Purdue 
     University, Oregon State University, University of Wisconsin 
     and Washington State University. The conferees encourage the 
     Department to fund the Radiological Threat Reduction program 
     to establish a pilot program to utilize commercial or non-
     governmental resources for recovery, storage, monitoring and 
     disposal of domestic high-risk radioactive sealed sources and 
     to provide a report to the House and Senate Appropriations 
     Committees on these activities by the end of fiscal year 
     2006.

                             Naval Reactors

       The conference agreement provides $789,500,000 for Naval 
     Reactors, an increase of $3,500,000 over the budget request. 
     The conferees agree to transfer $13,500,000 to the Office of 
     Nuclear Energy to support the Idaho National Laboratory's 
     Advanced Test Reactor.

                      Office of the Administrator

       The conference agreement provides $341,869,000 for the 
     Office of the Administrator.
       From within available funds, the conference agreement 
     provides $15,000,000 to continue the support to the HBCUs' 
     scientific and technical programs in fiscal year 2006. The 
     Committee expects the Department to provide financial support 
     in rough parity to both HBCUs and the Hispanic Serving 
     Institutions (HSI). The Committee recommendation includes 
     $2,000,000 each for Wilberforce University and Central State 
     University in Wilberforce, Ohio; $2,000,000 for Claflin 
     College in Orangeburg, SC; $4,000,000 for Allen University in 
     Columbia, SC; and $1,000,000 each for Voorhees College in 
     Denmark, SC and South Carolina State University in 
     Orangeburg, SC, and Florida Memorial University for the 
     Carrie Meek Health and Science Complex in Miami Gardens, FL; 
     $500,000 each for Cheyney University, Cheyney (PA) and 
     Lincoln University, Lincoln University of Pennsylvania (PA); 
     and $1,000,000 for the ACE program at Maricopa Community 
     Colleges in Phoenix, Arizona. The conferees agree with the 
     House language that directs the Department to provide funds 
     to HBCU institutions to allow for infrastructure improvements 
     and technical programs and expects the Department to ensure 
     the Dr. Samuel P. Massie Chairs of Excellence are fully 
     supported within the HBCU program.

               Environmental and Other Defense Activities

                     Defense Environmental Cleanup

       The conference agreement for the Defense Environmental 
     Cleanup (EM) program totals $6,192,371,000. The conferees 
     recommend that the Department carry over balances for WERC, a 
     consortium for environmental education and technology 
     development, to support an educational foundation within that 
     organization. Within the amounts provided, the Department is 
     directed to fund hazardous waste worker training at 
     $10,000,000.
       Energy and Water Technology.--Within the amounts provided, 
     the Department is directed to fund $12,500,000 for energy and 
     water resource management, including $7,000,000 for advanced 
     concept desalination and arsenic treatment in partnership 
     with American Water Works Research Foundation and WERC; 
     $2,000,000 for water supply technology development and 
     $3,500,000 for water management decision support including 
     demonstration programs in partnership with the New Mexico 
     Office of the State Engineer and international water 
     partnerships.
       Milestone report.--While the budget structure has changed, 
     the conferees remain interested in whether the Department has 
     met its goals for completion for years 2006, 2012, and 2035. 
     The conferees request a report by site that tracks 
     accelerated clean-up milestones, whether they are being met 
     or not, and includes annual budget estimates and life-cycle 
     costs, due to the House and Senate Committees on 
     Appropriations by March 1 and September 1 of each year.
       NNSA Transfers.--The conferees did not support the transfer 
     of environmental cleanup responsibilities to the National 
     Nuclear Security Administration (NNSA), consistent with the 
     House and Senate reports. However, responsibility for NNSA 
     newly generated waste will remain in NNSA. The conferees 
     provide no funding in the defense EM program for newly 
     generated waste at Lawrence Livermore Laboratory and the Y-12 
     Plant.
       Low level/mixed low level (LLW/MLW) waste Report 
     Requirement.--Consistent with the House report, the conferees 
     direct the Secretary to report to the House and Senate 
     Committees on Appropriations, within 90 days of enactment of 
     this Act, on the specific steps the Department will take to 
     ensure that life-cycle cost guidance is implemented in the 
     consideration of LLW/MLW options by DOE contractors, and that 
     a robust federal cadre of employees will oversee the 
     implementation of such guidance.
       EM Subproject Report Requirement.--The conferees are 
     concerned that the Environmental Management program continues 
     to aggregate multiple project activities within the Project 
     Baseline Summaries (PBS) contained in its annual budget 
     request. When EM initially ``projectized'' its work in the FY 
     2001 budget request, program activities were aggregated into 
     approximately 430 PBS's that were used as the basis for the 
     programs budget justification and execution reporting. The 
     number of PBSs now stands at 89. Since these PBSs are the 
     basis for ``project'' baselines and performance tracking 
     within the Department, it leads the conferees to question the 
     Department's ability to meaningfully analyze its costs and 
     work accomplishment. The conferees direct the Department to 
     provide a report by March 1, 2006, to the House and Senate 
     Committees on Appropriations with additional information on 
     large PBSs (requests of more than $100,000,000) in the form 
     of detailed justification by subprojects to provide more 
     visability and specificity to the planned activities within 
     those PBSs. This report should be prepared for the scope 
     planned for the fiscal year 2006 appropriations and the 
     fiscal year 2007 request. These new subproject groupings 
     should be used as a basis for quarterly reporting of 
     financial data (unobligated and uncosted balances), and 
     project variance reports.
       Reprogramming Authority.--The conferees continue to support 
     the need for flexibility to meet changing funding 
     requirements at sites. In fiscal year 2006, the Department 
     may transfer up to $5,000,000 within accounts, and between 
     accounts, as noted in the table below, to reduce health or 
     safety risks or to gain cost savings as long as no program or 
     project is increased or decreased by more than $5,000,000 
     once during the fiscal year. This reprogramming authority may 
     not be used to initiate new programs or to change funding 
     levels for programs specifically denied, limited, or 
     increased by Congress in the Act or statement. The Committees 
     on Appropriations in the House and Senate must be notified 
     within thirty days of the use of this reprogramming 
     authority. The following is a list of control levels for 
     reprogramming:
       Closure sites
       Savannah River site, 2012 accelerations
       Savannah River site, 2035 accelerations
       Savannah River Tank Farm
       Waste Isolation Pilot Plant
       Idaho National Laboratory
       Oak Ridge Reservation
       Hanford site 2012 accelerated completions
       Hanford site 2035 accelerated completions
       Office of River Protection (ORP) Waste Treatment & 
     Immobilization (WTP) Pretreatment facility
       ORP WTP High-level waste facility
       ORP WTP Low activity waste facility
       ORP WTP Analytical laboratory
       ORP WTP Balance of facilities
       Program Direction
       Program Support
       UE D&D Fund contribution
       Technology Development
       All Construction Line Items
       NNSA sites and Nevada off-sites
       Safeguards and Security
       Guaranteed Fixed Priced Remediation (GFPR).--Public Law 
     108-447 directed the Department to submit a report to the 
     Committees on Appropriations on the feasibility of applying 
     GFPR to remediation activities. The Department has completed 
     its evaluation and has concluded that remediation projects at 
     DOE sites or portions of sites that historically did not 
     involve high risk materials could be potential candidates for 
     GFPR contracts. The conferees are encouraged by this report, 
     and direct the Department to identify at least two 
     remediation projects or portions of projects as candidates 
     for a pilot use of GFPR in fiscal year 2006.
       Closure Sites.--The conference agreement provides 
     $1,028,589,000, reflecting a decrease of $10,000,000 to 
     litigation contingency monies held in reserve for Rocky 
     Flats.
       The conferees provide an increase of $30,000,000 to 
     complete remedies at Mound Operable Unit 1 (OU-1), and direct 
     the Department to work with the Miamisburg Mound Community 
     Improvement Corporation in developing a mutually acceptable 
     remedy. The remedy shall meet the spirit and intent of the 
     ``Sales Contract by and between the U.S. DOE and the 
     Miamisburg Community Improvement Corporation, January 23, 
     1998'', permit industrial reuse of OU-1, and be consistent 
     with past site cleanup practices and cleanup levels and 
     objectives. Agreement on the remedy shall be completed by 
     March 1, 2006. DOE shall report to Congress the progress of 
     the remedy development by December 1, 2005. If substantial 
     progress has not been made in the development of the remedy 
     by this time, DOE shall engage the services of a mediator, 
     mutually acceptable to the parties, to facilitate the remedy 
     selection for the OU-1 waste disposal area.
       Savannah River Site.--The conference agreement provides 
     $1,170,582,000 for the Savannah River Site. The conferees 
     provide $10,000,000 for the melt and dilute technology for 
     excess weapons-grade plutonium. The conferees provide 
     $500,000 for project 05-D-405, salt waste processing 
     facility, and reduce prior year balances for this project by 
     $20,000,000 because the construction is held up due to 
     unresolved seismic issues.
       Waste Isolation Pilot Plant (WIPP).--The conference 
     agreement provides $230,629,000

[[Page 25234]]

     for the Waste Isolation Pilot Project. Within available 
     funds, the conference agreement provides $6,000,000 for the 
     purchase of TRUPACT-III shipping containers, $3,500,000 for 
     educational support, infrastructure improvements, and related 
     initiatives for the Carlsbad community, $5,000,000 to 
     consolidate all record archives relevant to the operations of 
     WIPP at Carlsbad, and to provide these records in a format 
     that is user friendly and supports timely access to 
     information, $2,000,000 for the Office of Environmental 
     Management to support the Center for Excellence in Hazardous 
     Materials, and $1,500,000 for neutrino research in the WIPP 
     environment, which is relatively pristine in terms of 
     background radiation.
       Idaho National Laboratory.--The conference agreement 
     provides $538,225,000. The conferees direct that the 
     unexpended balances of up to $68,000,000 previously 
     appropriated as Defense Privatization for the Advanced Mixed 
     Waste Treatment Plant be merged with other maintenance and 
     operating funds available within the Defense Environmental 
     Cleanup account, Solid Waste Stabilization and Disposition 
     project activity, for the Idaho site to continue processing 
     of transuranic waste for disposal at the WIPP.
       Oak Ridge Reservation.--The conferees provide $240,812,000 
     for the Oak Ridge Reservation. The conference agreement 
     includes $18,000,000 for disposition of material in Building 
     3019, consistent with the Department's decision to transfer 
     this responsibility to the defense EM program. The conferees 
     direct the Department to provide a report within 60 days of 
     enactment of this Act, that details the Department's path 
     forward in managing this material.
       Hanford Site.--The conference agreement provides 
     $780,653,000 for the Hanford Site. The conferees provide 
     $1,000,000 for B-reactor preservation and $500,000 each for 
     preservation of ETTP and LANL former Manhattan Project sites. 
     The conferees provide $7,500,000 for the Volpentest Hazardous 
     Materials Management and Emergency Response (HAMMER) training 
     and education center. The Department is expected to continue 
     making PILT payments at last year's level to counties that 
     have the Hanford reservation within their boundaries.
       Office of River Protection.--The conference agreement 
     provides $329,471,000 for Tank Farm activities, and 
     $526,000,000 for construction project 01-D-416, the Waste 
     Treatment and Immobilization Plant.
       The high-level waste vitrification program at Hanford has 
     had a long history of failure--more than $9,000,000,000 has 
     been spent over the last 15 years. Based on a report by the 
     Corps of Engineers, the estimated cost of the Waste Treatment 
     and Immobilization Plant (WTP), originally $4,300,000,000, 
     may rise to as much as $9,300,000,000, and the schedule may 
     slip four more years to 2015. Reasons for these increases 
     include: contractor estimating problems, technical problems, 
     and insufficient project contingency. It is unclear what 
     steps DOE will take to better ensure effective management and 
     oversight of the project in the longer term.
       Based on this troubled history, the conferees provide 
     $526,000,000, for the Waste Treatment and Immobilization 
     Plant, a reduction of $99,893,000 from the request. The 
     conferees understand that $98,000,000 remains available from 
     fiscal year 2005 to be used in fiscal year 2006 for this 
     project. The Department needs better control and oversight of 
     the scope, cost and schedule of this project, and the 
     conferees direct the Department to report to the House and 
     Senate Committees on Appropriations by December 1, 2005, on 
     the actions taken to rectify the management failures of this 
     project, and to report quarterly, beginning on January 1, 
     2006, on the activities and financial status of each of the 
     subprojects within WTP.
       Program Direction.--The conference agreement provides 
     $243,816,000 for program direction. Of the total amount, 
     $82,924,000 is available for obligation only after the report 
     delivery to the House and Senate Committees on Appropriations 
     by the Secretary on the specific steps the Department will 
     take to ensure that life-cycle cost guidance is implemented 
     in the consideration of LLW/MLW options by DOE contractors. 
     The conferees support the termination of the A-76 contracting 
     out of the duties of federal employees for the Environmental 
     Cleanup program.
       Program Support.--The Conference recommendation provides 
     $32,846,000.
       Federal Contribution to Uranium Enrichment Decontamination 
     and Decommissioning Fund.--The Energy Policy Act of 1992, 
     Public Law 102-486, created the Uranium Enrichment 
     Decontamination and Decommissioning Fund to pay for the cost 
     of cleanup of the gaseous diffusion facilities located in Oak 
     Ridge, Tennessee; Paducah, Kentucky; and Portsmouth, Ohio. 
     The conference agreement includes the budget request of 
     $451,000,000 for the Federal contribution to the Uranium 
     Enrichment Decontamination and Decommissioning Fund as 
     authorized in Public Law 102-486.
       Technology Development and Deployment.--The conference 
     agreement provides $30,065,000. The conferees are concerned 
     about DOE's efforts to protect contaminants from reaching the 
     Columbia River. Technology used in several remedies is not 
     performing satisfactorily, and there is a lack of new 
     technologies to address contamination issues. The conferees 
     provide $10,000,000 for analyzing contaminant migration to 
     the Columbia River, and for the introduction of new 
     technology approaches to solving contamination migration 
     issues. The conferees understand that the various program 
     groups managing the groundwater and vadose zone cleanup 
     program are fragmented, and not well coordinated. The 
     conferees direct the Department to report to the House and 
     Senate Committees on Appropriations on the organization and 
     operations of these groups, and how they will be better 
     coordinated, within 60 days of enactment of this Act. The 
     conferees provide $5,000,000 for AEA Technology to address 
     alternative cost effective technologies for cleaning up 
     legacy waste. Within available funds, the conferees direct 
     the Department to fund the real-time identification warning 
     system at $250,000, the Hanford Tank Waste Operations 
     Simulator at $2,000,000, and the Mid-Atlantic Recycling 
     Center for End of Life Electronics at $1,000,000.
       NNSA sites and Nevada off-sites.--The conference agreement 
     provides $302,460,000, reflecting the return of cleanup 
     activities to the Environmental Cleanup program that 
     otherwise would have transferred to the NNSA. The conferees 
     provide no funding in the defense EM program for newly 
     generated waste at Lawrence Livermore Laboratory and the Y-12 
     plant.
       Safeguards and Security.--The conference agreement provides 
     $287,223,000, the same as the budget request.
       Congressionally Directed Projects.--The conferees' 
     recommendation includes the following Congressionally 
     directed projects, within available funds. The conferees 
     remind recipients that statutory cost sharing requirements 
     may attach to these projects.

   Congressionally Directed Defense Environmental Management Projects


        Project                               Conference Recommendation
Western Environmental Technology Office (multi-state).........5,000,000
University of Nevada-Reno School of Medicine Core Facilities equipment 
  (NV)........................................................4,000,000
Great Basin Science Sample and Records Library (NV)...........3,500,000
Desert Research Institute's CAVE project (NV).................2,000,000
UNLV Research Foundation to continue earthquake hazard and seismic risk 
  research (NV)...............................................1,000,000
Diagnostic Instrumentation and Analysis Library (MS)..........5,000,000
Electrochemical system utilizing ceramic ionic transport membranes for 
  the recycle and disposal of radioactive sodium ion waste (ID3,000,000
Desert Research Institute's Environmental Monitoring Program (2,750,000
Nye County Groundwater Evaluation Program (NV)................1,500,000
Emergency and Non-emergency communications systems upgrades in Nye 
  County (NV).................................................1,500,000
Stabilization of Los Alamos Airport Landfill (NM).............5,000,000
Energy & Environmental Hispanic Community Participation Project 750,000

                        Other Defense Activities

       The conference agreement provides $641,998,000 for Other 
     Defense Activities.

              Office of Security and Performance Assurance

       The conference agreement provides $307,095,000, an increase 
     of $6,000,000 over the budget request. The conference 
     agreement includes $186,878,000 for nuclear safeguards and 
     security; and $46,725,000 for security investigations; and 
     $73,492,000 for program direction. The conferees provide an 
     additional $5,000,000 for Project Engineering and Design 
     (PED) funding to begin a new construction project to upgrade 
     CPP-651 and CPP-691 at the Idaho National Laboratory for 
     complex-wide material consolidation of special nuclear 
     material. The conferees direct the Department to include a 
     PED line item project to continue this activity in the fiscal 
     year 2007 budget request. The conferees support the House 
     request for a report detailing the security requirements of 
     the special nuclear material disposition activity at the Oak 
     Ridge National Laboratory and have included the report 
     description and deadline in bill language.

                Environment, Safety and Health (Defense)

       The conference agreement provides $77,029,000 for defense-
     related environment, safety and health activities, of which 
     $19,546,000 is for program direction. From within available 
     funds, the conference agreement provides $5,000,000 to 
     undertake the Chernobyl Research and Service Project. The

[[Page 25235]]

     Conference recommendation includes $4,000,000 for the DOE 
     Worker Records Digitization project in Nevada.
       The Former Worker Medical Screening.--The conference 
     agreement provides $12,500,000 for Former Worker Program. 
     From within available funds, the following projects are 
     provided: $465,000 to extend medical screening at the three 
     gaseous diffusion plants; $2,000,000 to be evenly divided to 
     initiate medical screening of former workers at the Mound 
     facility in Miamisburg, Ohio, and the Fernald Facility in 
     Harrison, Ohio. The conferees direct the Secretary to 
     initiate early lung cancer detection screening at the Y-12 
     and X-10 facilities, Tennessee. To offset these activities 
     the conferees allocate $2,700,000 in fiscal year 2006 for 
     activities under the DOE-HHS MOU and direct the Department to 
     prioritize funds for the National Center for Environmental 
     Health at Los Alamos and research work at the Health Energy 
     Related Branch at NIOSH.

                           Legacy Management

       The conference agreement provides a total of $78,598,000 
     for the Office of Legacy Management to manage the long-term 
     stewardship responsibilities at the Department of Energy 
     clean up sites. The Conference recommendation provides 
     $45,076,000 in Other Defense Activities and the balance of 
     $33,522,000 is provided in the non-defense Energy Supply 
     account.

                Funding for Defense Activities in Idaho

       The conference agreement provides $123,873,000 for defense-
     related activities at the Idaho National Laboratory (INL) and 
     associated Idaho cleanup sites.

                 Defense Related Administrative Support

       The conference agreement provides $87,575,000 for national 
     security programs administrative support.

                     Office of Hearings and Appeals

       The conference agreement provides $4,353,000 for the Office 
     of Hearings and Appeals, the same as the budget request.

                     Defense Nuclear Waste Disposal

       The conference agreement provides $350,000,000 for the 
     defense contribution to the nuclear waste repository program.

                    Power Marketing Administrations

                    Bonneville Power Administration

       The conference recommendation provides no new borrowing 
     authority for BPA during fiscal year 2006. The Bonneville 
     Power Administration may make no new obligations in support 
     of the Fish Passage Center. The conferees call upon 
     Bonneville Power Administration and the Northwest Power and 
     Conservation Council to ensure that an orderly transfer of 
     the Fish Passage Center functions (warehouse of smolt 
     monitoring data, routine data analysis and reporting and 
     coordination of the smolt monitoring program) occurs within 
     120 days of enactment of this legislation. These functions 
     shall be transferred to other existing and capable entities 
     in the region in a manner that ensures seamless continuity of 
     activities.

      Operation and Maintenance, Southeastern Power Administration

       The conference agreement includes $5,600,000 for the 
     Southeastern Power Administration. The conference agreement 
     provides $32,713,000 for purchase power and wheeling in 
     fiscal year 2006.

      Operation and Maintenance, Southwestern Power Administration

       The conference agreement includes $30,166,000 for the 
     Southwestern Power Administration. The conference agreement 
     provides $3,000,000 for purchase power and wheeling in fiscal 
     year 2006.


 CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE, WESTERN AREA 
                          POWER ADMINISTRATION

       The conference agreement provides $233,992,000, an increase 
     of $180,035,000 over the budget request for Western Area 
     Power Administration. The conference agreement provides 
     $279,000,000 for purchase power and wheeling in fiscal year 
     2006. The total O&M program level for Western in fiscal year 
     2006 is $517,154,000, which includes $53,957,000 for 
     construction and rehabilitation, $47,295,000 for system 
     operation and maintenance, $279,000,000 for purchase power 
     and wheeling, and $130,202,000 for program direction. 
     Offsetting collections total $283,162,000; with the use of 
     $4,162,000 of offsetting collections from the Colorado River 
     Dam Fund (as authorized in P.L. 98-381), this requires a net 
     appropriation of $233,992,000. Within available funds, the 
     conference recommendation includes $6,000,000 to complete the 
     Topock-Davis section of the Topock-Davis-Mead line including 
     the interconnection and extension to Needles, CA, to provide 
     additional transmission capacity by using aluminum matrix 
     composite conductor technology. The conferees are 
     disappointed that the funding for the South of Phoenix 
     portion of the Parker-Davis project in Pinal County has been 
     delayed and recommend that the project funding be reinstated 
     without any further delay or interruption. The conferees 
     agree with the House language regarding the Sierra-Nevada 
     Region's Post-2004 Power Marketing Plan and Transmission 
     Operations and direct WAPA to submit the requested report to 
     the House and Senate Committees on Appropriations by May 1, 
     2006. The conference agreement includes $6,700,000 for the 
     Utah Mitigation and Conservation fund.


           FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND

       The conference agreement includes $2,692,000, the same as 
     the budget request, for the Falcon and Amistad Operating and 
     Maintenance Fund.

                  FEDERAL ENERGY REGULATORY COMMISSION


                         SALARIES AND EXPENSES

       The conference agreement includes $220,400,000 for the 
     Federal Energy Regulatory Commission (FERC). Revenues for 
     FERC are set at an amount equal to the budget authority, 
     resulting in a net appropriation of $0.
       The conferees are aware that the Federal Energy Regulatory 
     Commission has begun requiring the collection of wholesale 
     electric charges to address costs associated with crossing 
     ``seams'' between neighboring Regional Transmission 
     Organizations, also known as ``Seams Elimination Cost 
     Adjustment''. While recognizing that legitimate costs should 
     be recovered, the conferees are troubled about whether the 
     Commission has applied these fees without a clear accounting 
     of actual costs or proper allocation, permitted SECA charges 
     to go into effect without those charges having been filed or 
     even disclosed, used ``baselines'' that may not reflect 
     actual power flows and otherwise failed to provide proper and 
     appropriate procedural protections to all parties. The 
     conferees expect the Commission to review its SECA policies 
     and take expeditious and appropriate remedial steps.

                           GENERAL PROVISIONS

                          DEPARTMENT OF ENERGY

       Sec. 301. The conference agreement includes language 
     regarding competition of certain management and operating 
     contracts.
       Sec. 302. The conference agreement includes a provision 
     regarding workforce restructuring plans, enhanced severance 
     payments, and other benefits and community assistance grants 
     for Federal employees of the Department of Energy.
       Sec. 303. The conference agreement includes a provision 
     regarding augmentation of funds for severance payments and 
     other benefits and community assistance grants.
       Sec. 304. The conference agreement includes a provision 
     regarding Requests for Proposals for programs that have not 
     been funded by Congress in the current fiscal year.
       Sec. 305. The conference agreement includes a provision 
     regarding the use of unexpended balances of prior 
     appropriations.
       Sec. 306. The conference agreement includes a provision 
     prohibiting the Bonneville Power Administration from 
     performing energy efficiency services outside the legally 
     defined Bonneville service territory unless the Administrator 
     certifies in advance that such services are not available 
     from private sector businesses.
       Sec. 307. The conference agreement includes a provision 
     establishing certain notice and competition requirements for 
     Department of Energy user facilities.
       Sec. 308. The conference agreement includes a provision 
     authorizing intelligence activities of the Department of 
     Energy for purposes of section 504 of the National Security 
     Act of 1947 until enactment of the Intelligence Authorization 
     Act for fiscal year 2006.
       Sec. 309. The conference agreement includes a provision 
     limiting the types of waste that may be disposed of in the 
     Waste Isolation Pilot Plant.
       Sec. 310. The conference agreement includes a provision 
     dealing with the Reno Hydrogen Fuel Project.
       Sec. 311. The conference agreement includes a provision 
     authorizing maximum percentages for laboratory directed 
     research and development and plant- or site-directed research 
     and development.
       Sec. 312. The conference agreement includes a provision 
     dealing with the purchase of mineral rights at the Rocky 
     Flats Environmental Technology Site.
       Sec. 313. The conference agreement includes a provision 
     dealing with the Mixed Oxide Fuel Facility at the Savannah 
     River Site.
       Sec. 314. The conference agreement includes a provision 
     authorizing the Secretary to barter, transfer or sell 
     uranium.
       Sec. 315. The conference agreement includes a provision 
     requiring non-federal matching funds for the Coralville, 
     Iowa, project.
       The conference agreement deletes a provision proposed by 
     the House relating to Laboratory Directed Research and 
     Development (LDRD) and Plant Directed Research and 
     Development (PDRD) activities.
       The conference agreement deletes a provision proposed by 
     the House relating to LDRD and PDRD activities for project 
     costs incurred as Indirect Costs by Major Facility Operating 
     Contractors under OMB's Federal Cost Accounting Standards 
     (FAR Part 9900) or the Generally Accepted Accounting 
     Principles.
       The conference agreement deletes a provision proposed by 
     the House relating to laboratory directed research and 
     development activities at Department of Energy laboratories 
     on behalf of other Federal agencies.

[[Page 25236]]

       The conference agreement deletes a provision proposed by 
     the House relating to price supports and loan guarantee 
     programs.
       The conference agreement deletes a provision proposed by 
     the House relating to the siting of a modern pit facility.
       The conference agreement deletes a provision proposed by 
     the Senate relating to the Advanced Simulation Computing 
     program.
       The conference agreement deletes a provision proposed by 
     the Senate relating to eligibility of costs incurred by DOE 
     contractors for LDRD, SDRD, and PDRD.
       The conference agreement deletes a provision proposed by 
     the Senate relating to direct and indirect costs of LDRD, 
     SDRD, and PDRD.
       The conference agreement deletes a provision proposed by 
     the Senate relating to funding National Nuclear Security 
     Administration Weapons Complex reforms.
       The conference agreement deletes a provision proposed by 
     the Senate relating to fusion energy science.
       The conference agreement deletes a provision proposed by 
     the Senate relating to retirement benefits for Rocky Flats 
     site workers.
       The conference agreement deletes a provision proposed by 
     the Senate relating to Savannah River National Laboratory 
     eligibility for LDRD.

                       Conference Recommendations

       The conference agreement's detailed funding recommendations 
     for programs in Title III are contained in the following 
     table.

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                                TITLE IV

                          INDEPENDENT AGENCIES

                     Applachian Regional Commission

       The conference agreement includes $66,472,000 for the 
     Appalachian Regional Commission, instead of $38,500,000 as 
     proposed by the House and $65,482,000 as proposed by the 
     Senate. Within the funds provided, the conference agreement 
     includes the following activities:

Central West Virginia public water and wastewater facilities.$2,000,000
Southern West Virginia public water and wastewater treatment f2,000,000
Scioto County, Ohio sanitary sewer pump station renovations and 
  improvements..................................................750,000
Copeland low water bridge, Breathitt County, Kentucky.........1,800,000
Watershed coordination activities, Athens, Meigs, Gallia, Lawrence and 
  Scioto counties, Ohio.........................................500,000
Logan County, West Virginia flood warning system................305,000
Perry County, Ohio, State Route 13 railroad crossing............500,000

                Defense Nuclear Facilities Safety Board


                         salaries and expenses

       The conference agreement provides $22,032,000 for the 
     Defense Nuclear Facilities Safety Board (DNFS), the same as 
     the request.
       The conferees support the mission of the DNFSB, notably the 
     providing of advice and recommendations to the Secretary of 
     Energy regarding public health and safety issues at the 
     Department's defense nuclear facilities. However, the 
     conferees are concerned regarding DNFSB's opinions on seismic 
     criteria, especially the timing and emphasis to which these 
     concerns have been communicated over the past two years to 
     the Department. As recent as the October 17, 2005 letter from 
     the DNFSB to the Secretary of Energy regarding the Hanford 
     Waste Treatment Plant (WTP), DNFSB notes that ``some 
     important uncertainties remain'', that can only be resolved 
     by measurement under the WTP site--which will take up to two 
     years. However, the DNFSB concludes in the same letter this 
     does not ``preclude continuing with the design and 
     construction'' of the facilities. The DNFSB cannot have it 
     both ways. Such guidance leaves the Department vulnerable to 
     continuing a multi-billion dollar project only to have DNFSB 
     decide in two years that criteria must change again. The 
     conferees remind the DNFSB of its authorizing legislation, 42 
     U.S.C. 2286a.(a)(5), which states, ``In making its 
     recommendations, the Board shall consider the technical and 
     economic feasibility of implementing the recommended 
     measures.''

                        Delta Regional Authority

       The conference agreement includes $12,000,000 for the Delta 
     Regional Authority as proposed by the Senate instead of 
     $6,000,000 as proposed by the House.

                           Denali Commission

       The conference agreement includes $50,000,000 for the 
     Denali Commission, instead of $2,562,000 as proposed by the 
     House and $60,000,000 as proposed by the Senate.
       The conferees acknowledge our country faces difficult 
     fiscal circumstances. Hurricanes Katrina and Rita and the on-
     going war on terrorism have impacted the amount of federal 
     funding available for the Denali Commission. The conferees 
     expect the Denali Commission to continue to fund projects 
     which provide: community showers and washeterias in villages 
     with homes with no running water; multi-purpose community 
     facilities; teacher housing in remote villages where there is 
     limited housing available for teachers; facilities servicing 
     Native elders and senior citizens; and to fund projects which 
     allow (1) the Rural Communications Service to provide 
     broadcast facilities in communities with no television or 
     radio station; (2) the Pubic Broadcasting Digital 
     Distribution Network to link rural broadcasting facilities 
     together to improve economies to scale, share programming, 
     and reduce operating costs; and (3) rural public broadcasting 
     facilities and equipment upgrades, Priority consideration 
     should be given to the Juneau/Green's Creek/Hoonah Intertie 
     project; the Fire Island Transmission line project; the 
     Humpback Creek Hydroelectric project; and the Falls Creek 
     Hydroelectric project. The Denali Commission is instructed to 
     prepare a report to be submitted to the Senate and House 
     Appropriations Committees, which details how the fiscal year 
     2006 funds are to be allocated. The conferees request this 
     report no later than July 1, 2006.

                     Nuclear Regulatory Commission


                        (salaries and expenses)

       The conference agreement provides $734,376,000 for the 
     Nuclear Regulatory Commission salaries and expenses, an 
     increase of $41,000,000 over the budget request. This amount 
     is offset by estimated revenues of $617,182,000, resulting in 
     a net appropriation of $117,194,000. The fee recovery is 
     consistent with that authorized by Section 637 of the Energy 
     Policy Act of 2005 (Public Law 109-58). The recommendation 
     includes $46,118,000 to be made available from the Nuclear 
     Waste Fund to support the Department of Energy's effort to 
     develop a permanent geologic repository for spent nuclear 
     fuel and high-level waste. This amount is reduced from the 
     request because the appropriation for the repository program 
     is reduced.
       The conferees provide an additional $21,000,000, as 
     proposed by the House and Senate, to conduct site-specific 
     assessments of spent fuel pools at reactor sites consistent 
     with the recommendations of the National Academy of Sciences. 
     The conferees also provide an additional $20,000,000, as 
     proposed by the Senate, to support preparatory activities and 
     pre-application consultations for expected combined license 
     applications.
       The conferees are aware that the Energy Policy Act of 2005 
     places additional responsibilities on the Nuclear Regulatory 
     Commission. Funds to execute these additional 
     responsibilities were not included in the budget request and 
     are not provided in this conference report. However, to the 
     extent that the Commission may be able to execute some of 
     these new responsibilities through the reprogramming of 
     available fiscal year 2006 funds, the conferees encourage the 
     Commission to submit promptly a reprogramming request to the 
     House and Senate Committees on Appropriations.
       The conferees direct the Commission to provide a report on 
     the status of its licensing and regulatory activities on a 
     quarterly basis.


                      OFFICE OF INSPECTOR GENERAL

       The conference agreement includes $8,316,000 for the Office 
     of the Inspector General in the Nuclear Regulatory 
     Commission. This amount is offset by revenues of $7,485,000, 
     for a net appropriation of $831,000.

                  Nuclear Waste Technical Review Board

       The conference agreement provides $3,608,000 for the 
     Nuclear Waste Technical Review Board, the same as the 
     request.

                       Tennessee Valley Authority


                    OFFICE OF THE INSPECTOR GENERAL

       The conference agreement does not include the requested 
     $9,000,000 to establish a Congressionally-funded Office of 
     the Inspector General for the Tennessee Valley Authority. The 
     conferees support continuation of the existing arrangement 
     for funding this office.

                      TITLE V--GENERAL PROVISIONS

       Sec. 501. The conference agreement includes language 
     directing that none of the funds appropriated in this Act may 
     be used in any way, directly or indirectly, to influence 
     congressional action on any legislation or appropriation 
     matters pending before Congress except to communicate with 
     Members of Congress.
       Sec. 502. The conference agreement includes language 
     regarding the transfer of funds made available in this Act to 
     other departments or agencies of the federal government.
       The conference agreement does not include a provision 
     proposed by the House regarding the Nuclear Regulatory 
     Commission.
       The conference agreement does not include a provision 
     proposed by the House dealing with the International 
     Thermonuclear Experimental Reactor.
       The conference agreement does not include a provision 
     proposed by the Senate regarding fully funded continuing 
     contracts.

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                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 2006 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 2005 amount, the 2006 
     budget estimates, and the House and Senate bills for 2006 
     follows:

                       [In thousands of dollars]

New budget (obligational) authority, fiscal year 2005.......$31,166,027
Budget estimate of new (obligational) authority, fiscal year 29,730,600
House bill, fiscal year 2006.................................30,283,530
Senate bill, fiscal year 2006................................31,763,050
Conference agreement, fiscal year 2006.......................31,009,000
Conference agreement compared with:
    New budget (obligational) authority, fiscal year...........-157,027
    Budget estimates of new (obligational) authority, fiscal +1,278,400
    House bill, fiscal year 2006...............................+725,470
    Senate bill, fiscal year 2006..............................-754,050

     David L. Hobson,
     Rodney P. Frelinghuysen,
     Tom Latham,
     Zach Wamp,
     Jo Ann Emerson,
     John Doolittle,
     Michael K. Simpson,
     Dennis R. Rehberg,
     Jerry Lewis,
     Peter J. Visclosky,
     Chet Edwards,
     Ed Pastor,
     James E. Clyburn,
     Marion Berry,
     David R. Obey,
                                Managers on the Part of the House.

     Pete V. Domenici,
     Thad Cochran,
     Mitch McConnell,
     Robert F. Bennett,
     Conrad Burns,
     Larry E. Craig,
     Christopher S. Bond,
     Kay Bailey Hutchison,
     Wayne Allard,
     Harry Reid,
     Robert C. Byrd,
     Patty Murray,
     Brron L. Dorgan,
     Dianne Feinstein,
     Tim Johnson,
     Mary L. Landrieu,
     Daniel K. Inouye,
     Managers on the Part of the Senate.

                          ____________________