IB 

Union Calendar No. 44

109TH CONGRESS 

1ST SESSION H. R. 2419

[Report No. 109–86] 

Making appropriations for energy and water development for the fiscal year 

ending September 30, 2006, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 18, 2005

Mr. HOBSON, from the Committee on Appropriations, reported the following 

bill; which was committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

A BILL

Making appropriations for energy and water development 

for the fiscal year ending September 30, 2006, and for 

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2006, for energy and 

6 water development and for other purposes, namely: 
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1 TITLE I 

2 CORPS OF ENGINEERS—CIVIL 

3 DEPARTMENT OF THE ARMY 

4 CORPS OF ENGINEERS—CIVIL

5 The following appropriations shall be expended under 

6 the direction of the Secretary of the Army and the super7 vision of the Chief of Engineers for authorized civil func8 tions of the Department of the Army pertaining to rivers 

9 and harbors, flood and storm damage reduction, aquatic 

10 ecosystem restoration, and related purposes. 

11 GENERAL INVESTIGATIONS

12 For expenses necessary for the collection and study 

13 of basic information pertaining to river and harbor, flood 

14 and storm damage reduction, aquatic ecosystem restora15 tion, and related projects, restudy of authorized projects, 

16 miscellaneous investigations, and, when authorized by law, 

17 surveys and detailed studies and plans and specifications 

18 of projects prior to construction, $100,000,000 to remain 

19 available until expended: Provided, That, except as pro20 vided in section 101 of this Act, the amounts made avail21 able under this paragraph shall be expended in accordance 

22 with the terms and conditions specified in the report ac23 companying this Act. 
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1 CONSTRUCTION

2 For expenses necessary for the construction of river 

3 and harbor, flood and storm damage reduction, aquatic 

4 ecosystem restoration, and related projects authorized by 

5 law; for conducting detailed studies, and plans and speci6 fications, of such projects (including those involving par7 ticipation by States, local governments, or private groups) 

8 authorized or made eligible for selection by law (but such 

9 detailed studies, and plans and specifications, shall not 

10 constitute a commitment of the Government to construc11 tion); and for the benefit of federally listed species to ad12 dress the effects of civil works projects owned or operated 

13 by the United States Army Corps of Engineers, 

14 $1,763,000,000, to remain available until expended; of 

15 which such sums as are necessary to cover the Federal 

16 share of construction costs for facilities under the Dredged 

17 Material Disposal Facilities program shall be derived from 

18 the Harbor Maintenance Trust Fund as authorized by 

19 Public Law 104–303; and of which $182,668,000, pursu20 ant to Public Law 99–662, shall be derived from the In21 land Waterways Trust Fund, to cover one-half of the costs 

22 of construction and rehabilitation of inland waterways 

23 projects; and of which $4,000,000 shall be exclusively for 

24 projects and activities authorized under section 107 of the 

25 River and Harbor Act of 1960; and of which $500,000 
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1 shall be exclusively for projects and activities authorized 

2 under section 111 of the River and Harbor Act of 1968; 

3 and of which $1,000,000 shall be exclusively for projects 

4 and activities authorized under section 103 of the River 

5 and Harbor Act of 1962; and of which $25,000,000 shall 

6 be exclusively available for projects and activities author7 ized under section 205 of the Flood Control Act of 1948; 

8 and of which $8,000,000 shall be exclusively for projects 

9 and activities authorized under section 14 of the Flood 

10 Control Act of 1946; and of which $400,000 shall be ex11 clusively for projects and activities authorized under sec12 tion 208 of the Flood Control Act of 1954; and of which 

13 $17,400,000 shall be exclusively for projects and activities 

14 authorized under section 1135 of the Water Resources De15 velopment Act of 1986; and of which $18,000,000 shall 

16 be exclusively for projects and activities authorized under 

17 section 206 of the Water Resources Act of 1996; and of 

18 which $4,000,000 shall be exclusively for projects and ac19 tivities authorized under section 204 of the Water Re20 sources Act of 1992: Provided, That, except as provided 

21 in section 101 of this Act, the amounts made available 

22 under this paragraph shall be expended in accordance with 

23 the terms and conditions specified in the report accom24 panying this Act. 
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1 In addition, $137,000,000 shall be available for 

2 projects and activities authorized under 16 U.S.C. 410–

3 r–8 and section 601 of Public Law 106–541. 

4 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, 

5 ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS6 SISSIPPI, MISSOURI, AND TENNESSEE

7 For expenses necessary for the flood damage reduc8 tion program for the Mississippi River alluvial valley below 

9 Cape Girardeau, Missouri, as authorized by law, 

10 $290,000,000 to remain available until expended, of which 

11 such sums as are necessary to cover the Federal share of 

12 operation and maintenance costs for inland harbors shall 

13 be derived from the Harbor Maintenance Trust Fund: 

14 Provided, That, except as provided in section 101 of this 

15 Act, amounts made available under this paragraph shall 

16 be expended in accordance with the terms and conditions 

17 specified in the report accompanying this Act. 

18 OPERATION AND MAINTENANCE

19 For expenses necessary for the operation, mainte20 nance, and care of existing river and harbor, flood and 

21 storm damage reduction, aquatic ecosystem restoration, 

22 and related projects authorized by law; for the benefit of 

23 federally listed species to address the effects of civil works 

24 projects owned or operated by the United States Army 

25 Corps of Engineers (the ‘‘Corps’’); for providing security 
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1 for infrastructure owned and operated by, or on behalf of, 

2 the Corps, including administrative buildings and facili3 ties, laboratories, and the Washington Aqueduct; for the 

4 maintenance of harbor channels provided by a State, mu5 nicipality, or other public agency that serve essential navi6 gation needs of general commerce, where authorized by 

7 law; and for surveys and charting of northern and north8 western lakes and connecting waters, clearing and 

9 straightening channels, and removal of obstructions to 

10 navigation, $2,000,000,000 to remain available until ex11 pended, of which such sums to cover the Federal share 

12 of operation and maintenance costs for coastal harbors 

13 and channels, and inland harbors shall be derived from 

14 the Harbor Maintenance Trust Fund, pursuant to Public 

15 Law 99–662 may be derived from that fund; of which such 

16 sums as become available from the special account for the 

17 Corps established by the Land and Water Conservation 

18 Act of 1965, as amended (16 U.S.C. 460l–6a(i)), may be 

19 derived from that account for resource protection, re20 search, interpretation, and maintenance activities related 

21 to resource protection in the areas at which outdoor recre22 ation is available; and of which such sums as become avail23 able under section 217 of the Water Resources Develop24 ment Act of 1996, Public Law 104–303, shall be used to 

25 cover the cost of operation and maintenance of the 
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1 dredged material disposal facilities for which fees have 

2 been collected: Provided, That, except as provided in sec3 tion 101 of this Act, the amounts made available under 

4 this paragraph shall be expended in accordance with the 

5 terms and conditions specified in the report accompanying 

6 this Act. 

7 REGULATORY PROGRAM

8 For expenses necessary for administration of laws 

9 pertaining to regulation of navigable waters and wetlands, 

10 $160,000,000, to remain available until expended. 

11 FORMERLY UTILIZED SITES REMEDIAL ACTION

12 PROGRAM

13 For expenses necessary to clean up contamination 

14 from sites in the United States resulting from work per15 formed as part of the Nation’s early atomic energy pro16 gram, $140,000,000, to remain available until expended. 

17 GENERAL EXPENSES

18 For expenses necessary for general administration 

19 and related civil works functions in the headquarters of 

20 the United States Army Corps of Engineers, the offices 

21 of the Division Engineers, the Humphreys Engineer Cen22 ter Support Activity, the Institute for Water Resources, 

23 the United States Army Engineer Research and Develop24 ment Center, and the United States Army Corps of Engi25 neers Finance Center, $152,021,000 to remain available 
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1 until expended: Provided, That no part of any other appro2 priation provided in this Act shall be available to fund the 

3 civil works activities of the Office of the Chief of Engineers 

4 or the civil works executive direction and management ac5 tivities of the division offices. 

6 OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL

7 WORKS) 

8 For expenses necessary for the Office of Assistant 

9 Secretary of the Army (Civil Works), as authorized by 10 

10 U.S.C. 3016(b)(3), $4,000,000. 

11 ADMINISTRATIVE PROVISION

12 Appropriations in this title shall be available for offi13 cial reception and representation expenses not to exceed 

14 $5,000; and during the current fiscal year the Revolving 

15 Fund, Corps of Engineers, shall be available for purchase 

16 not to exceed 100 for replacement only and hire of pas17 senger motor vehicles. 

18 GENERAL PROVISIONS 

19 CORPS OF ENGINEERS—CIVIL

20 SEC. 101. (a) None of the funds provided in title I 

21 of this Act shall be available for obligation or expenditure 

22 through a reprogramming of funds that—

23 (1) creates or initiates a new program, project, 

24 or activity; 

25 (2) eliminates a program, project, or activity; 
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1 (3) increases funds or personnel for any pro2 gram, project, or activity for which funds are denied 

3 or restricted by this Act; 

4 (4) reduces funds that are directed to be used 

5 for a specific program, project, or activity by this 

6 Act; 

7 (5) increases funds for any program, project, or 

8 activity by more than $2,000,000 or 10 percent, 

9 whichever is less; or 

10 (6) reduces funds for any program, project, or 

11 activity by more than $2,000,000 or 10 percent, 

12 whichever is less. 

13 (b) Subsection (a)(1) shall not apply to any project 

14 or activity authorized under section 205 of the Flood Con15 trol Act of 1948, section 14 of the Flood Control Act of 

16 1946, section 208 of the Flood Control Act of 1954, sec17 tion 107 of the River and Harbor Act of 1960, section 

18 103 of the River and Harbor Act of 1962, section 111 

19 of the River and Harbor Act of 1968, section 1135 of the 

20 Water Resources Development Act of 1986, section 206 

21 of the Water Resources Act of 1996, or section 204 of 

22 the Water Resources Act of 1992. 

23 SEC. 102. None of the funds appropriated in this Act 

24 may be used by the United States Army Corps of Engi-
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1 neers to support activities related to the proposed Ridge 

2 Landfill in Tuscarawas County, Ohio. 

3 SEC. 103. None of the funds appropriated in this Act 

4 may be used by the United States Army Corps of Engi5 neers to support activities related to the proposed Indian 

6 Run Sanitary Landfill in Sandy Township, Stark County, 

7 Ohio. 

8 SEC. 104. In overseeing the use of continuing and 

9 multiyear contracts for water resources projects, the Sec10 retary of the Army shall take all necessary steps in fiscal 

11 year 2006 and thereafter to ensure that the Corps limits 

12 the duration of each multiyear contract to the term needed 

13 to achieve a substantial reduction of costs on the margin; 

14 and limits the amount of work performed each year on 

15 each project to the funding provided for that project dur16 ing the fiscal year. 

17 SEC. 105. After February 6, 2006, none of the funds 

18 made available in title I of this Act may be used to award 

19 any continuing contract or to make modifications to any 

20 existing continuing contract that obligates the United 

21 States Government during fiscal year 2007 to make pay22 ment under such contract for any project that is proposed 

23 for deferral or suspension in fiscal year 2007 in the mate24 rials prepared by the Assistant Secretary of the Army 
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1 (Civil Works) for that fiscal year pursuant to provisions 

2 of chapter 11 of title 31, United States Code. 

3 SEC. 106. None of the funds made available in title 

4 I of this Act may be used to award any continuing con5 tract or to make modifications to any existing continuing 

6 contract that reserves an amount for a project in excess 

7 of the amount appropriated for such project pursuant to 

8 this Act. 

9 SEC. 107. None of the funds in title I of this Act 

10 shall be available for the rehabilitation and lead and asbes11 tos abatement of the dredge McFarland: Provided, That 

12 amounts provided in title I of this Act are hereby reduced 

13 by $18,630,000. 

14 SEC. 108. None of the funds in this Act may be ex15 pended by the Secretary of the Army to construct the Port 

16 Jersey element of the New York and New Jersey Harbor 

17 or to reimburse the local sponsor for the construction of 

18 the Port Jersey element until commitments for construc19 tion of container handling facilities are obtained from the 

20 non-Federal sponsor for a second user along the Port Jer21 sey element. 
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1 TITLE II 

2 DEPARTMENT OF THE INTERIOR 

3 CENTRAL UTAH PROJECT

4 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

5 For carrying out activities authorized by the Central 

6 Utah Project Completion Act, $32,614,000, to remain 

7 available until expended, of which $946,000 shall be de8 posited into the Utah Reclamation Mitigation and Con9 servation Account for use by the Utah Reclamation Miti10 gation and Conservation Commission. 

11 In addition, for necessary expenses incurred in car12 rying out related responsibilities of the Secretary of the 

13 Interior, $1,736,000, to remain available until expended. 

14 BUREAU OF RECLAMATION

15 WATER AND RELATED RESOURCES

16 (INCLUDING TRANSFER OF FUNDS)

17 For management, development, and restoration of 

18 water and related natural resources and for related activi19 ties, including the operation, maintenance, and rehabilita20 tion of reclamation and other facilities, participation in 

21 fulfilling related Federal responsibilities to Native Ameri22 cans, and related grants to, and cooperative and other 

23 agreements with, State and local governments, Indian 

24 tribes, and others, $832,000,000, to remain available until 

25 expended, of which $55,544,000 shall be available for 
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1 transfer to the Upper Colorado River Basin Fund and 

2 $21,998,000 shall be available for transfer to the Lower 

3 Colorado River Basin Development Fund; of which such 

4 amounts as may be necessary may be advanced to the Col5 orado River Dam Fund; of which not more than $500,000 

6 is for high priority projects which shall be carried out by 

7 the Youth Conservation Corps, as authorized by 16 U.S.C. 

8 1706: Provided, That such transfers may be increased or 

9 decreased within the overall appropriation under this 

10 heading: Provided further, That of the total appropriated, 

11 the amount for program activities that can be financed 

12 by the Reclamation Fund or the Bureau of Reclamation 

13 special fee account established by 16 U.S.C. 460l–6a(i) 

14 shall be derived from that Fund or account: Provided fur15 ther, That funds contributed under 43 U.S.C. 395 are 

16 available until expended for the purposes for which con17 tributed: Provided further, That funds advanced under 43 

18 U.S.C. 397a shall be credited to this account and are 

19 available until expended for the same purposes as the 

20 sums appropriated under this heading: Provided further, 

21 That funds available for expenditure for the Departmental 

22 Irrigation Drainage Program may be expended by the Bu23 reau of Reclamation for site remediation on a non-reim24 bursable basis. 
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1 CENTRAL VALLEY PROJECT RESTORATION FUND

2 For carrying out the programs, projects, plans, and 

3 habitat restoration, improvement, and acquisition provi4 sions of the Central Valley Project Improvement Act, 

5 $52,219,000, to be derived from such sums as may be col6 lected in the Central Valley Project Restoration Fund pur7 suant to sections 3407(d), 3404(c)(3), 3405(f), and 

8 3406(c)(1) of Public Law 102–575, to remain available 

9 until expended: Provided, That the Bureau of Reclamation 

10 is directed to assess and collect the full amount of the 

11 additional mitigation and restoration payments authorized 

12 by section 3407(d) of Public Law 102–575: Provided fur13 ther, That none of the funds made available under this 

14 heading may be used for the acquisition or leasing of water 

15 for in-stream purposes if the water is already committed 

16 to in-stream purposes by a court adopted decree or order. 

17 CALIFORNIA BAY-DELTA RESTORATION

18 (INCLUDING TRANSFER OF FUNDS)

19 For carrying out activities authorized by the Calfed 

20 Bay Delta Authorization Act, consistent with plans to be 

21 approved by the Secretary of the Interior, $35,000,000, 

22 to remain available until expended, of which such amounts 

23 as may be necessary to carry out such activities may be 

24 transferred to appropriate accounts of other participating 

25 Federal agencies to carry out authorized purposes: Pro-
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1 vided, That funds appropriated herein may be used for 

2 the Federal share of the costs of CALFED Program man3 agement: Provided further, That the use of any funds pro4 vided to the California Bay-Delta Authority for program5 wide management and oversight activities shall be subject 

6 to the approval of the Secretary of the Interior: Provided 

7 further, That CALFED implementation shall be carried 

8 out in a balanced manner with clear performance meas9 ures demonstrating concurrent progress in achieving the 

10 goals and objectives of the Program. 

11 POLICY AND ADMINISTRATION

12 For necessary expenses of policy, administration, and 

13 related functions in the office of the Commissioner, the 

14 Denver office, and offices in the five regions of the Bureau 

15 of Reclamation, to remain available until expended, 

16 $57,917,000, to be derived from the Reclamation Fund 

17 and be nonreimbursable as provided in 43 U.S.C. 377: 

18 Provided, That no part of any other appropriation in this 

19 Act shall be available for activities or functions budgeted 

20 as policy and administration expenses. 

21 ADMINISTRATIVE PROVISION

22 Appropriations for the Bureau of Reclamation shall 

23 be available for purchase of not to exceed 14 passenger 

24 motor vehicles, of which 11 are for replacement only. 
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1 GENERAL PROVISIONS 

2 DEPARTMENT OF THE INTERIOR

3 SEC. 201. (a) None of the funds appropriated or oth4 erwise made available by this Act may be used to deter5 mine the final point of discharge for the interceptor drain 

6 for the San Luis Unit until development by the Secretary 

7 of the Interior and the State of California of a plan, which 

8 shall conform to the water quality standards of the State 

9 of California as approved by the Administrator of the En10 vironmental Protection Agency, to minimize any detri11 mental effect of the San Luis drainage waters. 

12 (b) The costs of the Kesterson Reservoir Cleanup 

13 Program and the costs of the San Joaquin Valley Drain14 age Program shall be classified by the Secretary of the 

15 Interior as reimbursable or nonreimbursable and collected 

16 until fully repaid pursuant to the ‘‘Cleanup Program-Al17 ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 

18 Repayment Plan’’ described in the report entitled ‘‘Repay19 ment Report, Kesterson Reservoir Cleanup Program and 

20 San Joaquin Valley Drainage Program, February 1995’’, 

21 prepared by the Department of the Interior, Bureau of 

22 Reclamation. Any future obligations of funds by the 

23 United States relating to, or providing for, drainage serv24 ice or drainage studies for the San Luis Unit shall be fully 
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1 reimbursable by San Luis Unit beneficiaries of such serv2 ice or studies pursuant to Federal reclamation law. 

3 SEC. 202. None of the funds appropriated or other4 wise made available by this or any other Act may be used 

5 to pay the salaries and expenses of personnel to purchase 

6 or lease water in the Middle Rio Grande or the Carlsbad 

7 Projects in New Mexico unless said purchase or lease is 

8 in compliance with the purchase requirements of section 

9 202 of Public Law 106–60. 

10 SEC. 203. (a) Section 1(a) of the Lower Colorado 

11 Water Supply Act (Public Law 99–655) is amended by 

12 adding at the end the following: ‘‘The Secretary is author13 ized to enter into an agreement or agreements with the 

14 city of Needles or the Imperial Irrigation District for the 

15 design and construction of the remaining stages of the 

16 Lower Colorado Water Supply Project on or after Novem17 ber 1, 2004, and the Secretary shall ensure that any such 

18 agreement or agreements include provisions setting forth 

19 (1) the responsibilities of the parties to the agreement for 

20 design and construction; (2) the locations of the remaining 

21 wells, discharge pipelines, and power transmission lines; 

22 (3) the remaining design capacity of up to 5,000 acre-feet 

23 per year which is the authorized capacity less the design 

24 capacity of the first stage constructed; (4) the procedures 

25 and requirements for approval and acceptance by the Sec-
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1 retary of the remaining stages, including approval of the 

2 quality of construction, measures to protect the public 

3 health and safety, and procedures for protection of such 

4 stages; (5) the rights, responsibilities, and liabilities of 

5 each party to the agreement; and (6) the term of the 

6 agreement.’’. 

7 (b) Section 2(b) of the Lower Colorado Water Supply 

8 Act (Public Law 99–655) is amended by adding at the 

9 end the following: ‘‘Subject to the demand of such users 

10 along or adjacent to the Colorado River for Project water, 

11 the Secretary is further authorized to contract with addi12 tional persons or entities who hold Boulder Canyon 

13 Project Act section 5 contracts for municipal and indus14 trial uses within the State of California for the use or ben15 efit of Project water under such terms as the Secretary 

16 determines will benefit the interest of Project users along 

17 the Colorado River.’’. 

18 TITLE III 

19 DEPARTMENT OF ENERGY 

20 ENERGY PROGRAMS 

21 ENERGY SUPPLY AND CONSERVATION

22 For Department of Energy expenses including the 

23 purchase, construction, and acquisition of plant and cap24 ital equipment, and other expenses necessary for energy 

25 supply and energy conservation activities in carrying out 
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1 the purposes of the Department of Energy Organization 

2 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

3 condemnation of any real property or any facility or for 

4 plant or facility acquisition, construction, or expansion, 

5 $1,762,888,000, to remain available until expended. 

6 CLEAN COAL TECHNOLOGY

7 (DEFERRAL)

8 Of the funds made available under this heading for 

9 obligation in prior years, $257,000,000 shall not be avail10 able until October 1, 2006: Provided, That funds made 

11 available in previous appropriations Acts shall be made 

12 available for any ongoing project regardless of the sepa13 rate request for proposal under which the project was se14 lected. 

15 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

16 For necessary expenses in carrying out fossil energy 

17 research and development activities, under the authority 

18 of the Department of Energy Organization Act (Public 

19 Law 95–91), including the acquisition of interest, includ20 ing defeasible and equitable interests in any real property 

21 or any facility or for plant or facility acquisition or expan22 sion, the hire of passenger motor vehicles, the hire, main23 tenance, and operation of aircraft, the purchase, repair, 

24 and cleaning of uniforms, the reimbursement to the Gen25 eral Services Administration for security guard services, 
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1 and for conducting inquiries, technological investigations 

2 and research concerning the extraction, processing, use, 

3 and disposal of mineral substances without objectionable 

4 social and environmental costs (30 U.S.C. 3, 1602, and 

5 1603), $502,467,000, to remain available until expended, 

6 of which $18,000,000 is to continue a multi-year project 

7 coordinated with the private sector for FutureGen, with8 out regard to the terms and conditions applicable to clean 

9 coal technological projects: Provided, That the initial plan10 ning and research stages of the FutureGen project shall 

11 include a matching requirement from non-Federal sources 

12 of at least 20 percent of the costs: Provided further, That 

13 any demonstration component of such project shall require 

14 a matching requirement from non-Federal sources of at 

15 least 50 percent of the costs of the component: Provided 

16 further, That of the amounts provided, $50,000,000 is 

17 available, after coordination with the private sector, for 

18 a request for proposals for a Clean Coal Power Initiative 

19 providing for competitively-awarded research, develop20 ment, and demonstration projects to reduce the barriers 

21 to continued and expanded coal use: Provided further, 

22 That no project may be selected for which sufficient fund23 ing is not available to provide for the total project: Pro24 vided further, That funds shall be expended in accordance 

25 with the provisions governing the use of funds contained 
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1 under the heading ‘‘Clean Coal Technology’’ in 42 U.S.C. 

2 5903d as well as those contained under the heading 

3 ‘‘Clean Coal Technology’’ in prior appropriations: Pro4 vided further, That the Department may include provisions 

5 for repayment of Government contributions to individual 

6 projects in an amount up to the Government contribution 

7 to the project on terms and conditions that are acceptable 

8 to the Department including repayments from sale and li9 censing of technologies from both domestic and foreign 

10 transactions: Provided further, That such repayments shall 

11 be retained by the Department for future coal-related re12 search, development and demonstration projects: Provided 

13 further, That any technology selected under this program 

14 shall be considered a Clean Coal Technology, and any 

15 project selected under this program shall be considered a 

16 Clean Coal Technology Project, for the purposes of 42 

17 U.S.C. 7651n, and chapters 51, 52, and 60 of title 40 

18 of the Code of Federal Regulations: Provided further, That 

19 no part of the sum herein made available shall be used 

20 for the field testing of nuclear explosives in the recovery 

21 of oil and gas: Provided further, That up to 4 percent of 

22 program direction funds available to the National Energy 

23 Technology Laboratory may be used to support Depart24 ment of Energy activites not included in this account: Pro25 vided further, That the Secretary of Energy is authorized 
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1 to accept fees and contributions from public and private 

2 sources, to be deposited in a contributed funds account, 

3 and prosecute projects using such fees and contributions 

4 in cooperation with other Federal, State, or private agen5 cies or concerns: Provided further, That revenues and 

6 other moneys received by or for the account of the Depart7 ment of Energy or otherwise generated by sale of products 

8 in connection with projects of the Department appro9 priated under the Fossil Energy Research and Develop10 ment account may be retained by the Secretary of Energy, 

11 to be available until expended, and used only for plant con12 struction, operation, costs, and payments to cost-sharing 

13 entities as provided in appropriate cost-sharing contracts 

14 or agreements. 

15 NAVAL PETROLEUM AND OIL SHALE RESERVES

16 For expenses necessary to carry out naval petroleum 

17 and oil shale reserve activities, including the hire of pas18 senger motor vehicles, $18,500,000, to remain available 

19 until expended: Provided, That, notwithstanding any other 

20 provision of law, unobligated funds remaining from prior 

21 years shall be available for all naval petroleum and oil 

22 shale reserve activities. 

23 ELK HILLS SCHOOL LANDS FUND

24 For necessary expenses in fulfilling installment pay25 ments under the Settlement Agreement entered into by 
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1 the United States and the State of California on October 

2 11, 1996, as authorized by section 3415 of Public Law 

3 104–106, $48,000,000, for payment to the State of Cali4 fornia for the State Teachers’ Retirement Fund, of which 

5 $46,000,000 will be derived from the Elk Hills School 

6 Lands Fund. 

7 STRATEGIC PETROLEUM RESERVE

8 For necessary expenses for Strategic Petroleum Re9 serve facility development and operations and program 

10 management activities pursuant to the Energy Policy and 

11 Conservation Act of 1975, as amended (42 U.S.C. 6201 

12 et seq.), including the hire of passenger motor vehicles, 

13 the hire, maintenance, and operation of aircraft, the pur14 chase, repair, and cleaning of uniforms, the reimburse15 ment to the General Services Administration for security 

16 guard services, $166,000,000, to remain available until ex17 pended. 

18 ENERGY INFORMATION ADMINISTRATION

19 For necessary expenses in carrying out the activities 

20 of the Energy Information Administration, $86,426,000, 

21 to remain available until expended. 

22 NON-DEFENSE ENVIRONMENTAL CLEANUP

23 For Department of Energy expenses, including the 

24 purchase, construction, and acquisition of plant and cap25 ital equipment and other expenses necessary for non-de-
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1 fense environmental cleanup activities in carrying out the 

2 purposes of the Department of Energy Organization Act 

3 (42 U.S.C. 7101 et seq.), including the acquisition or con4 demnation of any real property or any facility or for plant 

5 or facility acquisition, construction, or expansion, and the 

6 purchase of not to exceed six passenger motor vehicles, 

7 of which five shall be for replacement only, $319,934,000, 

8 to remain available until expended. 

9 URANIUM ENRICHMENT DECONTAMINATION AND

10 DECOMMISSIONING FUND

11 For necessary expenses in carrying out uranium en12 richment facility decontamination and decommissioning, 

13 remedial actions, and other activities of title II of the 

14 Atomic Energy Act of 1954, as amended, and title X, sub15 title A, of the Energy Policy Act of 1992, $591,498,000, 

16 to be derived from the Fund, to remain available until ex17 pended, of which $20,000,000 shall be available in accord18 ance with title X, subtitle A, of the Energy Policy Act 

19 of 1992. 

20 SCIENCE

21 For Department of Energy expenses including the 

22 purchase, construction and acquisition of plant and capital 

23 equipment, and other expenses necessary for science ac24 tivities in carrying out the purposes of the Department 

25 of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
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1 cluding the acquisition or condemnation of any real prop2 erty or facility or for plant or facility acquisition, construc3 tion, or expansion, and purchase of not to exceed forty4 seven passenger motor vehicles for replacement only, in5 cluding not to exceed one ambulance and two buses, 

6 $3,666,055,000, to remain available until expended. 

7 NUCLEAR WASTE DISPOSAL

8 For nuclear waste disposal activities to carry out the 

9 purposes of the Nuclear Waste Policy Act of 1982, Public 

10 Law 97–425, as amended (the ‘‘Act’’), including the ac11 quisition of real property or facility construction or expan12 sion, $310,000,000, to remain available until expended 

13 and to be derived from the Nuclear Waste Fund: Provided, 

14 That of the funds made available in this Act for Nuclear 

15 Waste Disposal, $3,500,000 shall be provided to the State 

16 of Nevada solely for expenditures, other than salaries and 

17 expenses of State employees, to conduct scientific over18 sight responsibilities and participate in licensing activities 

19 pursuant to the Act: Provided further, That $7,000,000 

20 shall be provided to affected units of local governments, 

21 as defined in the Act, to conduct appropriate activities and 

22 participate in licensing activities: Provided further, That 

23 the distribution of the funds as determined by the units 

24 of local government shall be approved by the Department 

25 of Energy: Provided further, That the funds for the State 
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1 of Nevada shall be made available solely to the Nevada 

2 Division of Emergency Management by direct payment 

3 and units of local government by direct payment: Provided 

4 further, That within 90 days of the completion of each 

5 Federal fiscal year, the Nevada Division of Emergency 

6 Management and the Governor of the State of Nevada and 

7 each local entity shall provide certification to the Depart8 ment of Energy that all funds expended from such pay9 ments have been expended for activities authorized by the 

10 Act and this Act: Provided further, That failure to provide 

11 such certification shall cause such entity to be prohibited 

12 from any further funding provided for similar activities: 

13 Provided further, That none of the funds herein appro14 priated may be: (1) used directly or indirectly to influence 

15 legislative action on any matter pending before Congress 

16 or a State legislature or for lobbying activity as provided 

17 in 18 U.S.C. 1913; (2) used for litigation expenses; or (3) 

18 used to support multi-State efforts or other coalition 

19 building activities inconsistent with the restrictions con20 tained in this Act: Provided further, That all proceeds and 

21 recoveries realized by the Secretary in carrying out activi22 ties authorized by the Act, including but not limited to, 

23 any proceeds from the sale of assets, shall be available 

24 without further appropriation and shall remain available 

25 until expended. 
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1 DEPARTMENTAL ADMINISTRATION

2 (INCLUDING TRANSFER OF FUNDS)

3 For salaries and expenses of the Department of En4 ergy necessary for departmental administration in car5 rying out the purposes of the Department of Energy Orga6 nization Act (42 U.S.C. 7101 et seq.), including the hire 

7 of passenger motor vehicles and official reception and rep8 resentation expenses not to exceed $35,000, 

9 $253,909,000, to remain available until expended, plus 

10 such additional amounts as necessary to cover increases 

11 in the estimated amount of cost of work for others not12 withstanding the provisions of the Anti-Deficiency Act (31 

13 U.S.C. 1511 et seq.): Provided, That such increases in cost 

14 of work are offset by revenue increases of the same or 

15 greater amount, to remain available until expended: Pro16 vided further, That moneys received by the Department 

17 for miscellaneous revenues estimated to total 

18 $123,000,000 in fiscal year 2006 may be retained and 

19 used for operating expenses within this account, and may 

20 remain available until expended, as authorized by section 

21 201 of Public Law 95–238, notwithstanding the provisions 

22 of 31 U.S.C. 3302: Provided further, That the sum herein 

23 appropriated shall be reduced by the amount of miscella24 neous revenues received during fiscal year 2006, and any 

25 related unappropriated receipt account balances remaining 
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1 from prior years’ miscellaneous revenues, so as to result 

2 in a final fiscal year 2006 appropriation from the general 

3 fund estimated at not more than $130,909,000. 

4 OFFICE OF THE INSPECTOR GENERAL

5 For necessary expenses of the Office of the Inspector 

6 General in carrying out the provisions of the Inspector 

7 General Act of 1978, as amended, $43,000,000, to remain 

8 available until expended. 

9 ATOMIC ENERGY DEFENSE ACTIVITIES 

10 NATIONAL NUCLEAR SECURITY ADMINISTRATION

11 WEAPONS ACTIVITIES

12 (INCLUDING TRANSFER OF FUNDS)

13 For Department of Energy expenses, including the 

14 purchase, construction, and acquisition of plant and cap15 ital equipment and other incidental expenses necessary for 

16 atomic energy defense weapons activities in carrying out 

17 the purposes of the Department of Energy Organization 

18 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

19 condemnation of any real property or any facility or for 

20 plant or facility acquisition, construction, or expansion; 

21 and the purchase of not to exceed 40 passenger motor ve22 hicles, for replacement only, including not to exceed two 

23 buses; $6,181,121,000, to remain available until ex24 pended. 
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1 DEFENSE NUCLEAR NONPROLIFERATION

2 For Department of Energy expenses, including the 

3 purchase, construction, and acquisition of plant and cap4 ital equipment and other incidental expenses necessary for 

5 atomic energy defense, defense nuclear nonproliferation 

6 activities, in carrying out the purposes of the Department 

7 of Energy Organization Act (42 U.S.C. 7101 et seq.), in8 cluding the acquisition or condemnation of any real prop9 erty or any facility or for plant or facility acquisition, con10 struction, or expansion, $1,500,959,000, to remain avail11 able until expended. 

12 NAVAL REACTORS

13 For Department of Energy expenses necessary for 

14 naval reactors activities to carry out the Department of 

15 Energy Organization Act (42 U.S.C. 7101 et seq.), includ16 ing the acquisition (by purchase, condemnation, construc17 tion, or otherwise) of real property, plant, and capital 

18 equipment, facilities, and facility expansion, 

19 $799,500,000, to remain available until expended. 

20 OFFICE OF THE ADMINISTRATOR

21 For necessary expenses of the Office of the Adminis22 trator in the National Nuclear Security Administration, 

23 including official reception and representation expenses 

24 not to exceed $12,000, $366,869,000, to remain available 

25 until expended. 
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1 ENVIRONMENTAL AND OTHER DEFENSE 

2 ACTIVITIES 

3 DEFENSE ENVIRONMENTAL CLEANUP

4 For Department of Energy expenses, including the 

5 purchase, construction, and acquisition of plant and cap6 ital equipment and other expenses necessary for atomic 

7 energy defense environmental cleanup activities in car8 rying out the purposes of the Department of Energy Orga9 nization Act (42 U.S.C. 7101 et seq.), including the acqui10 sition or condemnation of any real property or any facility 

11 or for plant or facility acquisition, construction, or expan12 sion, $6,468,336,000, to remain available until expended. 

13 OTHER DEFENSE ACTIVITIES

14 For Department of Energy expenses, including the 

15 purchase, construction, and acquisition of plant and cap16 ital equipment and other expenses, necessary for atomic 

17 energy defense, other defense activities, and classified ac18 tivities, in carrying out the purposes of the Department 

19 of Energy Organization Act (42 U.S.C. 7101 et seq.), in20 cluding the acquisition or condemnation of any real prop21 erty or any facility or for plant or facility acquisition, con22 struction, or expansion, and the purchase of not to exceed 

23 ten passenger motor vehicles for replacement only, includ24 ing not to exceed two buses; $702,498,000, to remain 

25 available until expended. 
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1 DEFENSE NUCLEAR WASTE DISPOSAL

2 For nuclear waste disposal activities to carry out the 

3 purposes of Public Law 97–425, as amended, including 

4 the acquisition of real property or facility construction or 

5 expansion, $351,447,000, to remain available until ex6 pended. 

7 POWER MARKETING ADMINISTRATIONS 

8 BONNEVILLE POWER ADMINISTRATION FUND

9 Expenditures from the Bonneville Power Administra10 tion Fund, established pursuant to Public Law 93–454, 

11 are approved for official reception and representation ex12 penses in an amount not to exceed $1,500. During fiscal 

13 year 2006, no new direct loan obligations may be made. 

14 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

15 ADMINISTRATION

16 For necessary expenses of operation and maintenance 

17 of power transmission facilities and of electric power and 

18 energy, including transmission wheeling and ancillary 

19 services pursuant to section 5 of the Flood Control Act 

20 of 1944 (16 U.S.C. 825s), as applied to the southeastern 

21 power area, $5,600,000, to remain available until ex22 pended: Provided, That, notwithstanding 31 U.S.C. 3302, 

23 up to $32,713,000 collected by the Southeastern Power 

24 Administration pursuant to the Flood Control Act of 1944 

25 to recover purchase power and wheeling expenses shall be 
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1 credited to this account as offsetting collections, to remain 

2 available until expended for the sole purpose of making 

3 purchase power and wheeling expenditures. 

4 OPERATION AND MAINTENANCE, SOUTHWESTERN

5 POWER ADMINISTRATION

6 For necessary expenses of operation and maintenance 

7 of power transmission facilities and of marketing electric 

8 power and energy, for construction and acquisition of 

9 transmission lines, substations and appurtenant facilities, 

10 and for administrative expenses, including official recep11 tion and representation expenses in an amount not to ex12 ceed $1,500 in carrying out section 5 of the Flood Control 

13 Act of 1944 (16 U.S.C. 825s), as applied to the south14 western power administration, $31,401,000, to remain 

15 available until expended: Provided, That, notwithstanding 

16 31 U.S.C. 3302, up to $1,235,000 collected by the South17 western Power Administration pursuant to the Flood Con18 trol Act to recover purchase power and wheeling expenses 

19 shall be credited to this account as offsetting collections, 

20 to remain available until expended for the sole purpose 

21 of making purchase power and wheeling expenditures. 
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1 CONSTRUCTION, REHABILITATION, OPERATION AND

2 MAINTENANCE, WESTERN AREA POWER ADMINIS3 TRATION

4 For carrying out the functions authorized by title III, 

5 section 302(a)(1)(E) of the Act of August 4, 1977 (42 

6 U.S.C. 7152), and other related activities including con7 servation and renewable resources programs as author8 ized, including official reception and representation ex9 penses in an amount not to exceed $1,500; $226,992,000, 

10 to remain available until expended, of which $222,830,000 

11 shall be derived from the Department of the Interior Rec12 lamation Fund: Provided, That of the amount herein ap13 propriated, $6,000,000 shall be available until expended 

14 on a nonreimbursable basis to the Western Area Power 

15 Administration for Topock-Davis-Mead Transmission 

16 Line Upgrades: Provided further, That notwithstanding 

17 the provision of 31 U.S.C. 3302, up to $148,500,000 col18 lected by the Western Area Power Administration pursu19 ant to the Flood Control Act of 1944 and the Reclamation 

20 Project Act of 1939 to recover purchase power and wheel21 ing expenses shall be credited to this account as offsetting 

22 collections, to remain available until expended for the sole 

23 purpose of making purchase power and wheeling expendi24 tures. 
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1 FALCON AND AMISTAD OPERATING AND MAINTENANCE

2 FUND

3 For operation, maintenance, and emergency costs for 

4 the hydroelectric facilities at the Falcon and Amistad 

5 Dams, $2,692,000, to remain available until expended, 

6 and to be derived from the Falcon and Amistad Operating 

7 and Maintenance Fund of the Western Area Power Ad8 ministration, as provided in section 423 of the Foreign 

9 Relations Authorization Act, Fiscal Years 1994 and 1995. 

10 FEDERAL ENERGY REGULATORY COMMISSION

11 SALARIES AND EXPENSES

12 For necessary expenses of the Federal Energy Regu13 latory Commission to carry out the provisions of the De14 partment of Energy Organization Act (42 U.S.C. 7101 et 

15 seq.), including services as authorized by 5 U.S.C. 3109, 

16 the hire of passenger motor vehicles, and official reception 

17 and representation expenses not to exceed $3,000, 

18 $220,400,000, to remain available until expended: Pro19 vided, That notwithstanding any other provision of law, 

20 not to exceed $220,400,000 of revenues from fees and an21 nual charges, and other services and collections in fiscal 

22 year 2006 shall be retained and used for necessary ex23 penses in this account, and shall remain available until 

24 expended: Provided further, That the sum herein appro25 priated from the general fund shall be reduced as revenues 
35

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1 are received during fiscal year 2006 so as to result in a 

2 final fiscal year 2006 appropriation from the general fund 

3 estimated at not more than $0. 

4 GENERAL PROVISIONS 

5 DEPARTMENT OF ENERGY 

6 SEC. 301. (a)(1) None of the funds in this or any 

7 other appropriations Act for fiscal year 2006 or any pre8 vious fiscal year may be used to make payments for a non9 competitive management and operating contract unless 

10 the Secretary of Energy has published in the Federal Reg11 ister and submitted to the Committees on Appropriations 

12 of the House of Representatives and the Senate a written 

13 notification, with respect to each such contract, of the Sec14 retary’s decision to use competitive procedures for the 

15 award of the contract, or to not renew the contract, when 

16 the term of the contract expires. 

17 (2) Paragraph (1) does not apply to an extension for 

18 up to 2 years of a noncompetitive management and oper19 ating contract, if the extension is for purposes of allowing 

20 time to award competitively a new contract, to provide 

21 continuity of service between contracts, or to complete a 

22 contract that will not be renewed. 

23 (b) In this section: 

24 (1) The term ‘‘noncompetitive management and 

25 operating contract’’ means a contract that was 
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1 awarded more than 50 years ago without competi2 tion for the management and operation of Ames 

3 Laboratory, Argonne National Laboratory, Lawrence 

4 Berkeley National Laboratory, Lawrence Livermore 

5 National Laboratory, and Los Alamos National Lab6 oratory. 

7 (2) The term ‘‘competitive procedures’’ has the 

8 meaning provided in section 4 of the Office of Fed9 eral Procurement Policy Act (41 U.S.C. 403) and 

10 includes procedures described in section 303 of the 

11 Federal Property and Administrative Services Act of 

12 1949 (41 U.S.C. 253) other than a procedure that 

13 solicits a proposal from only one source. 

14 (c) For all management and operating contracts 

15 other than those listed in subsection (b)(1), none of the 

16 funds appropriated by this Act may be used to award a 

17 management and operating contract, or award a signifi18 cant extension or expansion to an existing management 

19 and operating contract, unless such contract is awarded 

20 using competitive procedures or the Secretary of Energy 

21 grants, on a case-by-case basis, a waiver to allow for such 

22 a deviation. The Secretary may not delegate the authority 

23 to grant such a waiver. At least 60 days before a contract 

24 award for which the Secretary intends to grant such a 

25 waiver, the Secretary shall submit to the Committees on 
37

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1 Appropriations of the House of Representatives and the 

2 Senate a report notifying the Committees of the waiver 

3 and setting forth, in specificity, the substantive reasons 

4 why the Secretary believes the requirement for competition 

5 should be waived for this particular award. 

6 SEC. 302. None of the funds appropriated by this Act 

7 may be used to—

8 (1) develop or implement a workforce restruc9 turing plan that covers employees of the Department 

10 of Energy; or 

11 (2) provide enhanced severance payments or 

12 other benefits for employees of the Department of 

13 Energy, under section 3161 of the National Defense 

14 Authorization Act for Fiscal Year 1993 (Public Law 

15 102–484; 42 U.S.C. 7274h). 

16 SEC. 303. None of the funds appropriated by this Act 

17 may be used to augment the funds made available for obli18 gation by this Act for severance payments and other bene19 fits and community assistance grants under section 3161 

20 of the National Defense Authorization Act for Fiscal Year 

21 1993 (Public Law 102–484; 42 U.S.C. 7274h) unless the 

22 Department of Energy submits a reprogramming request 

23 to the appropriate congressional committees. 

24 SEC. 304. None of the funds appropriated by this Act 

25 may be used to prepare or initiate Requests For Proposals 
38

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1 (RFPs) for a program if the program has not been funded 

2 by Congress. 

3 (TRANSFERS OF UNEXPENDED BALANCES)

4 SEC. 305. The unexpended balances of prior appro5 priations provided for activities in this Act may be trans6 ferred to appropriation accounts for such activities estab7 lished pursuant to this title. Balances so transferred may 

8 be merged with funds in the applicable established ac9 counts and thereafter may be accounted for as one fund 

10 for the same time period as originally enacted. 

11 SEC. 306. None of the funds in this or any other Act 

12 for the Administrator of the Bonneville Power Administra13 tion may be used to enter into any agreement to perform 

14 energy efficiency services outside the legally defined Bon15 neville service territory, with the exception of services pro16 vided internationally, including services provided on a re17 imbursable basis, unless the Administrator certifies in ad18 vance that such services are not available from private sec19 tor businesses. 

20 SEC. 307. When the Department of Energy makes 

21 a user facility available to universities or other potential 

22 users, or seeks input from universities or other potential 

23 users regarding significant characteristics or equipment in 

24 a user facility or a proposed user facility, the Department 

25 shall ensure broad public notice of such availability or 

26 such need for input to universities and other potential 
39

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1 users. When the Department of Energy considers the par2 ticipation of a university or other potential user as a for3 mal partner in the establishment or operation of a user 

4 facility, the Department shall employ full and open com5 petition in selecting such a partner. For purposes of this 

6 section, the term ‘‘user facility’’ includes, but is not lim7 ited to: (1) a user facility as described in section 

8 2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 

9 13503(a)(2)); (2) a National Nuclear Security Adminis10 tration Defense Programs Technology Deployment Cen11 ter/User Facility; and (3) any other Departmental facility 

12 designated by the Department as a user facility. 

13 SEC. 308. The Administrator of the National Nuclear 

14 Security Administration may authorize the manager of a 

15 covered nuclear weapons research, development, testing or 

16 production facility to engage in research, development, 

17 and demonstration activities with respect to the engineer18 ing and manufacturing capabilities at such facility in 

19 order to maintain and enhance such capabilities at such 

20 facility: Provided, That of the amount allocated to a cov21 ered nuclear weapons facility each fiscal year from 

22 amounts available to the Department of Energy for such 

23 fiscal year for national security programs, not more than 

24 an amount equal to 2 percent of such amount may be used 

25 for these activities: Provided further, That for purposes of 
40

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1 this section, the term ‘‘covered nuclear weapons facility’’ 

2 means the following: 

3 (1) the Kansas City Plant, Kansas City, Mis4 souri;

5 (2) the Y–12 Plant, Oak Ridge, Tennessee;

6 (3) the Pantex Plant, Amarillo, Texas;

7 (4) the Savannah River Plant, South Carolina; 

8 and 

9 (5) the Nevada Test Site. 

10 SEC. 309. Funds appropriated by this or any other 

11 Act, or made available by the transfer of funds in this 

12 Act, for intelligence activities are deemed to be specifically 

13 authorized by the Congress for purposes of section 504 

14 of the National Security Act of 1947 (50 U.S.C. 414) dur15 ing fiscal year 2006 until the enactment of the Intelligence 

16 Authorization Act for fiscal year 2006. 

17 SEC. 310. None of the funds made available in this 

18 Act may be used to select a site for the Modern Pit Facil19 ity during fiscal year 2006. 

20 SEC. 311. None of the funds made available in title 

21 III of this Act shall be for the Department of Energy na22 tional laboratories and production plants for Laboratory 

23 Directed Research and Development (LDRD), Plant Di24 rected Research and Development (PDRD), and Site Di-
41

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1 rected Research and Development (SDRD) activities in 

2 excess of $250,000,000. 

3 SEC. 312. None of the funds made available in title 

4 III of this Act shall be for Department of Energy Labora5 tory Directed Research and Development (LDRD), Plant 

6 Directed Research and Development (PDRD), and Site 

7 Directed Research and Development (SDRD) activities for 

8 project costs incurred as Indirect Costs by Major Facility 

9 Operating Contractors. 

10 SEC. 313. None of the funds made available in title 

11 III of this Act may be used to finance laboratory directed 

12 research and development activities at Department of En13 ergy laboratories on behalf of other Federal agencies. 

14 SEC. 314. None of the funds made available to the 

15 Department of Energy under this Act shall be used to im16 plement or finance authorized price support or loan guar17 antee programs unless specific provision is made for such 

18 programs in an appropriations Act. 

19 TITLE IV 

20 INDEPENDENT AGENCIES 

21 APPALACHIAN REGIONAL COMMISSION

22 For expenses necessary to carry out the programs au23 thorized by the Appalachian Regional Development Act of 

24 1965, as amended, for necessary expenses for the Federal 

25 Co-Chairman and the alternate on the Appalachian Re-
42

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1 gional Commission, for payment of the Federal share of 

2 the administrative expenses of the Commission, including 

3 services as authorized by 5 U.S.C. 3109, and hire of pas4 senger motor vehicles, $38,500,000, to remain available 

5 until expended. 

6 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

7 SALARIES AND EXPENSES

8 For necessary expenses of the Defense Nuclear Fa9 cilities Safety Board in carrying out activities authorized 

10 by the Atomic Energy Act of 1954, as amended by Public 

11 Law 100–456, section 1441, $22,032,000, to remain 

12 available until expended. 

13 DELTA REGIONAL AUTHORITY

14 SALARIES AND EXPENSES

15 For necessary expenses of the Delta Regional Author16 ity and to carry out its activities, as authorized by the 

17 Delta Regional Authority Act of 2000, as amended, not18 withstanding sections 382C(b)(2), 382F(d), and 382M(b) 

19 of said Act, $6,000,000, to remain available until ex20 pended. 

21 DENALI COMMISSION

22 For expenses of the Denali Commission, $2,562,000, 

23 to remain available until expended. 
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1 NUCLEAR REGULATORY COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Commission in car4 rying out the purposes of the Energy Reorganization Act 

5 of 1974, as amended, and the Atomic Energy Act of 1954, 

6 as amended, including official representation expenses 

7 (not to exceed $15,000), and purchase of promotional 

8 items for use in the recruitment of individuals for employ9 ment, $714,376,000, to remain available until expended: 

10 Provided, That of the amount appropriated herein, 

11 $66,717,000 shall be derived from the Nuclear Waste 

12 Fund: Provided further, That revenues from licensing fees, 

13 inspection services, and other services and collections esti14 mated at $580,643,000 in fiscal year 2006 shall be re15 tained and used for necessary salaries and expenses in this 

16 account, notwithstanding 31 U.S.C. 3302, and shall re17 main available until expended: Provided further, That the 

18 sum herein appropriated shall be reduced by the amount 

19 of revenues received during fiscal year 2006 so as to result 

20 in a final fiscal year 2006 appropriation estimated at not 

21 more than $133,732,600: Provided further, That section 

22 6101 of the Omnibus Budget Reconciliation Act of 1990 

23 is amended by inserting before the period in subsection 

24 (c)(2)(B)(v) the words ‘‘and fiscal year 2006’’. 
44

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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector 

3 General in carrying out the provisions of the Inspector 

4 General Act of 1978, as amended, $8,316,000, to remain 

5 available until expended: Provided, That revenues from li6 censing fees, inspection services, and other services and 

7 collections estimated at $7,485,000 in fiscal year 2006 

8 shall be retained and be available until expended, for nec9 essary salaries and expenses in this account, notwith10 standing 31 U.S.C. 3302: Provided further, That the sum 

11 herein appropriated shall be reduced by the amount of rev12 enues received during fiscal year 2006 so as to result in 

13 a final fiscal year 2006 appropriation estimated at not 

14 more than $831,000. 

15 NUCLEAR WASTE TECHNICAL REVIEW BOARD

16 SALARIES AND EXPENSES

17 For necessary expenses of the Nuclear Waste Tech18 nical Review Board, as authorized by Public Law 100–

19 203, section 5051, $3,608,000, to be derived from the Nu20 clear Waste Fund, and to remain available until expended.

21 TITLE V 

22 GENERAL PROVISIONS 

23 SEC. 501. None of the funds appropriated by this Act 

24 may be used in any way, directly or indirectly, to influence 

25 congressional action on any legislation or appropriation 
45

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1 matters pending before Congress, other than to commu2 nicate to Members of Congress as described in 18 U.S.C. 

3 1913. 

4 SEC. 502. None of the funds made available in this 

5 Act may be transferred to any department, agency, or in6 strumentality of the United States Government, except 

7 pursuant to a transfer made by, or transfer authority pro8 vided in this Act or any other appropriation Act. 
Union Calendar No. 44

109TH CONGRESS 

1ST SESSION H. R. 2419

[Report No. 109–86] 

A BILL

Making appropriations for energy and water devel2006, and for other purposes. opment for the fiscal year ending September 30, 

MAY 18, 2005

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed