IIB 

109TH CONGRESS 

1ST SESSION H. R. 2419

IN THE SENATE OF THE UNITED STATES 

MAY 25, 2005

Received; read twice and referred to the Committee on Appropriations 

AN ACT

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: 

7 TITLE I 

8 CORPS OF ENGINEERS—CIVIL 

9 DEPARTMENT OF THE ARMY 

10 CORPS OF ENGINEERS—CIVIL

11 The following appropriations shall be expended under 

12 the direction of the Secretary of the Army and the super-
2

HR 2419 RFS 

1 vision of the Chief of Engineers for authorized civil func2 tions of the Department of the Army pertaining to rivers 

3 and harbors, flood and storm damage reduction, aquatic 

4 ecosystem restoration, and related purposes. 

5 GENERAL INVESTIGATIONS

6 For expenses necessary for the collection and study 

7 of basic information pertaining to river and harbor, flood 

8 and storm damage reduction, aquatic ecosystem restora9 tion, and related projects, restudy of authorized projects, 

10 miscellaneous investigations, and, when authorized by law, 

11 surveys and detailed studies and plans and specifications 

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

13 available until expended: Provided, That, except as pro14 vided in section 101 of this Act, the amounts made avail15 able under this paragraph shall be expended as authorized 

16 in law for the projects and activities specified in the report 

17 accompanying this Act. 

18 CONSTRUCTION

19 For expenses necessary for the construction of river 

20 and harbor, flood and storm damage reduction, aquatic 

21 ecosystem restoration, and related projects authorized by 

22 law; for conducting detailed studies, and plans and speci23 fications, of such projects (including those involving par24 ticipation by States, local governments, or private groups) 

25 authorized or made eligible for selection by law (but such 
3

HR 2419 RFS 

1 detailed studies, and plans and specifications, shall not 

2 constitute a commitment of the Government to construc3 tion); and for the benefit of federally listed species to ad4 dress the effects of civil works projects owned or operated 

5 by the United States Army Corps of Engineers, 

6 $1,763,000,000, to remain available until expended; of 

7 which such sums as are necessary to cover the Federal 

8 share of construction costs for facilities under the Dredged 

9 Material Disposal Facilities program shall be derived from 

10 the Harbor Maintenance Trust Fund as authorized by 

11 Public Law 104–303; and of which $182,668,000, pursu12 ant to Public Law 99–662, shall be derived from the In13 land Waterways Trust Fund, to cover one-half of the costs 

14 of construction and rehabilitation of inland waterways 

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

16 projects and activities authorized under section 107 of the 

17 River and Harbor Act of 1960; and of which $500,000 

18 shall be exclusively for projects and activities authorized 

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

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

21 and activities authorized under section 103 of the River 

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

23 be exclusively available for projects and activities author24 ized under section 205 of the Flood Control Act of 1948; 

25 and of which $8,000,000 shall be exclusively for projects 
4

HR 2419 RFS 

1 and activities authorized under section 14 of the Flood 

2 Control Act of 1946; and of which $400,000 shall be ex3 clusively for projects and activities authorized under sec4 tion 208 of the Flood Control Act of 1954; and of which 

5 $17,400,000 shall be exclusively for projects and activities 

6 authorized under section 1135 of the Water Resources De7 velopment Act of 1986; and of which $18,000,000 shall 

8 be exclusively for projects and activities authorized under 

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

10 which $4,000,000 shall be exclusively for projects and ac11 tivities authorized under section 204 of the Water Re12 sources Act of 1992: Provided, That, except as provided 

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

14 under this paragraph shall be expended as authorized in 

15 law for the projects and activities specified in the report 

16 accompanying this Act. 

17 In addition, $137,000,000 shall be available for 

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

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

20 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, 

21 ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS22 SISSIPPI, MISSOURI, AND TENNESSEE

23 For expenses necessary for the flood damage reduc24 tion program for the Mississippi River alluvial valley below 

25 Cape Girardeau, Missouri, as authorized by law, 
5

HR 2419 RFS 

1 $290,000,000 to remain available until expended, of which 

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

3 operation and maintenance costs for inland harbors shall 

4 be derived from the Harbor Maintenance Trust Fund: 

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

6 Act, the amounts made available under this paragraph 

7 shall be expended as authorized in law for the projects 

8 and activities specified in the report accompanying this 

9 Act. 

10 OPERATION AND MAINTENANCE

11 For expenses necessary for the operation, mainte12 nance, and care of existing river and harbor, flood and 

13 storm damage reduction, aquatic ecosystem restoration, 

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

15 federally listed species to address the effects of civil works 

16 projects owned or operated by the United States Army 

17 Corps of Engineers (the ‘‘Corps’’); for providing security 

18 for infrastructure owned and operated by, or on behalf of, 

19 the Corps, including administrative buildings and facili20 ties, laboratories, and the Washington Aqueduct; for the 

21 maintenance of harbor channels provided by a State, mu22 nicipality, or other public agency that serve essential navi23 gation needs of general commerce, where authorized by 

24 law; and for surveys and charting of northern and north25 western lakes and connecting waters, clearing and 
6

HR 2419 RFS 

1 straightening channels, and removal of obstructions to 

2 navigation, $2,000,000,000 to remain available until ex3 pended, of which such sums to cover the Federal share 

4 of operation and maintenance costs for coastal harbors 

5 and channels, and inland harbors shall be derived from 

6 the Harbor Maintenance Trust Fund, pursuant to Public 

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

8 sums as become available from the special account for the 

9 Corps established by the Land and Water Conservation 

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

11 derived from that account for resource protection, re12 search, interpretation, and maintenance activities related 

13 to resource protection in the areas at which outdoor recre14 ation is available; and of which such sums as become avail15 able under section 217 of the Water Resources Develop16 ment Act of 1996, Public Law 104–303, shall be used to 

17 cover the cost of operation and maintenance of the 

18 dredged material disposal facilities for which fees have 

19 been collected: Provided, That, except as provided in sec20 tion 101 of this Act, the amounts made available under 

21 this paragraph shall be expended as authorized in law for 

22 the projects and activities specified in the report accom23 panying this Act. 
7

HR 2419 RFS 

1 REGULATORY PROGRAM

2 For expenses necessary for administration of laws 

3 pertaining to regulation of navigable waters and wetlands, 

4 $160,000,000, to remain available until expended. 

5 FORMERLY UTILIZED SITES REMEDIAL ACTION

6 PROGRAM

7 For expenses necessary to clean up contamination 

8 from sites in the United States resulting from work per9 formed as part of the Nation’s early atomic energy pro10 gram, $140,000,000, to remain available until expended. 

11 GENERAL EXPENSES

12 For expenses necessary for general administration 

13 and related civil works functions in the headquarters of 

14 the United States Army Corps of Engineers, the offices 

15 of the Division Engineers, the Humphreys Engineer Cen16 ter Support Activity, the Institute for Water Resources, 

17 the United States Army Engineer Research and Develop18 ment Center, and the United States Army Corps of Engi19 neers Finance Center, $152,021,000 to remain available 

20 until expended: Provided, That no part of any other appro21 priation provided in this Act shall be available to fund the 

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

23 or the civil works executive direction and management ac24 tivities of the division offices. 
8

HR 2419 RFS 

1 OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL

2 WORKS) 

3 For expenses necessary for the Office of Assistant 

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

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

6 ADMINISTRATIVE PROVISION

7 Appropriations in this title shall be available for offi8 cial reception and representation expenses not to exceed 

9 $5,000; and during the current fiscal year the Revolving 

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

11 not to exceed 100 for replacement only and hire of pas12 senger motor vehicles. 

13 GENERAL PROVISIONS 

14 CORPS OF ENGINEERS—CIVIL

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

16 of this Act shall be available for obligation or expenditure 

17 through a reprogramming of funds that—

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

19 or activity; 

20 (2) eliminates a program, project, or activity; 

21 (3) increases funds or personnel for any pro22 gram, project, or activity for which funds are denied 

23 or restricted by this Act; 
9

HR 2419 RFS 

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

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

3 Act; 

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

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

6 whichever is less; or 

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

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

9 whichever is less. 

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

11 or activity authorized under section 205 of the Flood Con12 trol Act of 1948, section 14 of the Flood Control Act of 

13 1946, section 208 of the Flood Control Act of 1954, sec14 tion 107 of the River and Harbor Act of 1960, section 

15 103 of the River and Harbor Act of 1962, section 111 

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

17 Water Resources Development Act of 1986, section 206 

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

19 the Water Resources Act of 1992. 

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

21 may be used by the United States Army Corps of Engi22 neers to support activities related to the proposed Ridge 

23 Landfill in Tuscarawas County, Ohio. 

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

25 may be used by the United States Army Corps of Engi-
10

HR 2419 RFS 

1 neers to support activities related to the proposed Indian 

2 Run Sanitary Landfill in Sandy Township, Stark County, 

3 Ohio. 

4 SEC. 104. After February 6, 2006, none of the funds 

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

6 any continuing contract or to make modifications to any 

7 existing continuing contract that obligates the United 

8 States Government during fiscal year 2007 to make pay9 ment under such contract for any project that is proposed 

10 for deferral or suspension in fiscal year 2007 in the mate11 rials prepared by the Assistant Secretary of the Army 

12 (Civil Works) for that fiscal year pursuant to provisions 

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

14 SEC. 105. None of the funds made available in title 

15 I of this Act may be used to award any continuing con16 tract or to make modifications to any existing continuing 

17 contract that reserves an amount for a project in excess 

18 of the amount appropriated for such project pursuant to 

19 this Act. 

20 SEC. 106. None of the funds in title I of this Act 

21 shall be available for the rehabilitation and lead and asbes22 tos abatement of the dredge McFarland: Provided, That 

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

24 by $18,630,000. 
11

HR 2419 RFS 

1 SEC. 107. None of the funds in this Act may be ex2 pended by the Secretary of the Army to construct the Port 

3 Jersey element of the New York and New Jersey Harbor 

4 or to reimburse the local sponsor for the construction of 

5 the Port Jersey element until commitments for construc6 tion of container handling facilities are obtained from the 

7 non-Federal sponsor for a second user along the Port Jer8 sey element. 

9 TITLE II 

10 DEPARTMENT OF THE INTERIOR 

11 CENTRAL UTAH PROJECT

12 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

13 For carrying out activities authorized by the Central 

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

15 available until expended, of which $946,000 shall be de16 posited into the Utah Reclamation Mitigation and Con17 servation Account for use by the Utah Reclamation Miti18 gation and Conservation Commission. 

19 In addition, for necessary expenses incurred in car20 rying out related responsibilities of the Secretary of the 

21 Interior, $1,736,000, to remain available until expended. 
12

HR 2419 RFS 

1 BUREAU OF RECLAMATION

2 WATER AND RELATED RESOURCES

3 (INCLUDING TRANSFER OF FUNDS)

4 For management, development, and restoration of 

5 water and related natural resources and for related activi6 ties, including the operation, maintenance, and rehabilita7 tion of reclamation and other facilities, participation in 

8 fulfilling related Federal responsibilities to Native Ameri9 cans, and related grants to, and cooperative and other 

10 agreements with, State and local governments, Indian 

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

12 expended, of which $55,544,000 shall be available for 

13 transfer to the Upper Colorado River Basin Fund and 

14 $21,998,000 shall be available for transfer to the Lower 

15 Colorado River Basin Development Fund; of which such 

16 amounts as may be necessary may be advanced to the Col17 orado River Dam Fund; of which not more than $500,000 

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

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

20 1706: Provided, That such transfers may be increased or 

21 decreased within the overall appropriation under this 

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

23 the amount for program activities that can be financed 

24 by the Reclamation Fund or the Bureau of Reclamation 

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

HR 2419 RFS 

1 shall be derived from that Fund or account: Provided fur2 ther, That funds contributed under 43 U.S.C. 395 are 

3 available until expended for the purposes for which con4 tributed: Provided further, That funds advanced under 43 

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

6 available until expended for the same purposes as the 

7 sums appropriated under this heading: Provided further, 

8 That funds available for expenditure for the Departmental 

9 Irrigation Drainage Program may be expended by the Bu10 reau of Reclamation for site remediation on a non-reim11 bursable basis. 

12 CENTRAL VALLEY PROJECT RESTORATION FUND

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

14 habitat restoration, improvement, and acquisition provi15 sions of the Central Valley Project Improvement Act, 

16 $52,219,000, to be derived from such sums as may be col17 lected in the Central Valley Project Restoration Fund pur18 suant to sections 3407(d), 3404(c)(3), 3405(f), and 

19 3406(c)(1) of Public Law 102–575, to remain available 

20 until expended: Provided, That the Bureau of Reclamation 

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

22 additional mitigation and restoration payments authorized 

23 by section 3407(d) of Public Law 102–575: Provided fur24 ther, That none of the funds made available under this 

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

HR 2419 RFS 

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

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

3 CALIFORNIA BAY-DELTA RESTORATION

4 (INCLUDING TRANSFER OF FUNDS)

5 For carrying out activities authorized by the Calfed 

6 Bay Delta Authorization Act, consistent with plans to be 

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

8 to remain available until expended, of which such amounts 

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

10 transferred to appropriate accounts of other participating 

11 Federal agencies to carry out authorized purposes: Pro12 vided, That funds appropriated herein may be used for 

13 the Federal share of the costs of CALFED Program man14 agement: Provided further, That the use of any funds pro15 vided to the California Bay-Delta Authority for program16 wide management and oversight activities shall be subject 

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

18 further, That CALFED implementation shall be carried 

19 out in a balanced manner with clear performance meas20 ures demonstrating concurrent progress in achieving the 

21 goals and objectives of the Program. 

22 POLICY AND ADMINISTRATION

23 For necessary expenses of policy, administration, and 

24 related functions in the office of the Commissioner, the 

25 Denver office, and offices in the five regions of the Bureau 
15

HR 2419 RFS 

1 of Reclamation, to remain available until expended, 

2 $57,917,000, to be derived from the Reclamation Fund 

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

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

5 Act shall be available for activities or functions budgeted 

6 as policy and administration expenses. 

7 ADMINISTRATIVE PROVISION

8 Appropriations for the Bureau of Reclamation shall 

9 be available for purchase of not to exceed 14 passenger 

10 motor vehicles, of which 11 are for replacement only. 

11 GENERAL PROVISIONS 

12 DEPARTMENT OF THE INTERIOR

13 SEC. 201. (a) None of the funds appropriated or oth14 erwise made available by this Act may be used to deter15 mine the final point of discharge for the interceptor drain 

16 for the San Luis Unit until development by the Secretary 

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

18 shall conform to the water quality standards of the State 

19 of California as approved by the Administrator of the En20 vironmental Protection Agency, to minimize any detri21 mental effect of the San Luis drainage waters. 

22 (b) The costs of the Kesterson Reservoir Cleanup 

23 Program and the costs of the San Joaquin Valley Drain24 age Program shall be classified by the Secretary of the 

25 Interior as reimbursable or nonreimbursable and collected 
16

HR 2419 RFS 

1 until fully repaid pursuant to the ‘‘Cleanup Program-Al2 ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 

3 Repayment Plan’’ described in the report entitled ‘‘Repay4 ment Report, Kesterson Reservoir Cleanup Program and 

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

6 prepared by the Department of the Interior, Bureau of 

7 Reclamation. Any future obligations of funds by the 

8 United States relating to, or providing for, drainage serv9 ice or drainage studies for the San Luis Unit shall be fully 

10 reimbursable by San Luis Unit beneficiaries of such serv11 ice or studies pursuant to Federal reclamation law. 

12 SEC. 202. None of the funds appropriated or other13 wise made available by this or any other Act may be used 

14 to pay the salaries and expenses of personnel to purchase 

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

16 Projects in New Mexico unless said purchase or lease is 

17 in compliance with the purchase requirements of section 

18 202 of Public Law 106–60. 

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

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

21 adding at the end the following: ‘‘The Secretary is author22 ized to enter into an agreement or agreements with the 

23 city of Needles or the Imperial Irrigation District for the 

24 design and construction of the remaining stages of the 

25 Lower Colorado Water Supply Project on or after Novem-
17

HR 2419 RFS 

1 ber 1, 2004, and the Secretary shall ensure that any such 

2 agreement or agreements include provisions setting forth: 

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

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

5 wells, discharge pipelines, and power transmission lines; 

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

7 per year which is the authorized capacity less the design 

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

9 and requirements for approval and acceptance by the Sec10 retary of the remaining stages, including approval of the 

11 quality of construction, measures to protect the public 

12 health and safety, and procedures for protection of such 

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

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

15 agreement.’’. 

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

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

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

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

20 the Secretary is further authorized to contract with addi21 tional persons or entities who hold Boulder Canyon 

22 Project Act section 5 contracts for municipal and indus23 trial uses within the State of California for the use or ben24 efit of Project water under such terms as the Secretary 
18

HR 2419 RFS 

1 determines will benefit the interest of Project users along 

2 the Colorado River.’’. 

3 TITLE III 

4 DEPARTMENT OF ENERGY 

5 ENERGY PROGRAMS 

6 ENERGY SUPPLY AND CONSERVATION

7 For Department of Energy expenses including the 

8 purchase, construction, and acquisition of plant and cap9 ital equipment, and other expenses necessary for energy 

10 supply and energy conservation activities in carrying out 

11 the purposes of the Department of Energy Organization 

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

13 condemnation of any real property or any facility or for 

14 plant or facility acquisition, construction, or expansion, 

15 $1,762,888,000 (increased by $1,000,000), to remain 

16 available until expended. 

17 CLEAN COAL TECHNOLOGY

18 (DEFERRAL)

19 Of the funds made available under this heading for 

20 obligation in prior years, $257,000,000 shall not be avail21 able until October 1, 2006: Provided, That funds made 

22 available in previous appropriations Acts shall be made 

23 available for any ongoing project regardless of the sepa24 rate request for proposal under which the project was se25 lected. 
19

HR 2419 RFS 

1 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

2 For necessary expenses in carrying out fossil energy 

3 research and development activities, under the authority 

4 of the Department of Energy Organization Act (Public 

5 Law 95–91), including the acquisition of interest, includ6 ing defeasible and equitable interests in any real property 

7 or any facility or for plant or facility acquisition or expan8 sion, the hire of passenger motor vehicles, the hire, main9 tenance, and operation of aircraft, the purchase, repair, 

10 and cleaning of uniforms, the reimbursement to the Gen11 eral Services Administration for security guard services, 

12 and for conducting inquiries, technological investigations 

13 and research concerning the extraction, processing, use, 

14 and disposal of mineral substances without objectionable 

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

16 1603), $502,467,000, to remain available until expended, 

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

18 coordinated with the private sector for FutureGen, with19 out regard to the terms and conditions applicable to clean 

20 coal technological projects: Provided, That the initial plan21 ning and research stages of the FutureGen project shall 

22 include a matching requirement from non-Federal sources 

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

24 any demonstration component of such project shall require 

25 a matching requirement from non-Federal sources of at 
20

HR 2419 RFS 

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

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

3 available, after coordination with the private sector, for 

4 a request for proposals for a Clean Coal Power Initiative 

5 providing for competitively-awarded research, develop6 ment, and demonstration projects to reduce the barriers 

7 to continued and expanded coal use: Provided further, 

8 That no project may be selected for which sufficient fund9 ing is not available to provide for the total project: Pro10 vided further, That funds shall be expended in accordance 

11 with the provisions governing the use of funds contained 

12 under the heading ‘‘Clean Coal Technology’’ in 42 U.S.C. 

13 5903d as well as those contained under the heading 

14 ‘‘Clean Coal Technology’’ in prior appropriations: Pro15 vided further, That the Department may include provisions 

16 for repayment of Government contributions to individual 

17 projects in an amount up to the Government contribution 

18 to the project on terms and conditions that are acceptable 

19 to the Department including repayments from sale and li20 censing of technologies from both domestic and foreign 

21 transactions: Provided further, That such repayments shall 

22 be retained by the Department for future coal-related re23 search, development and demonstration projects: Provided 

24 further, That any technology selected under this program 

25 shall be considered a Clean Coal Technology, and any 
21

HR 2419 RFS 

1 project selected under this program shall be considered a 

2 Clean Coal Technology Project, for the purposes of 42 

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

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

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

6 for the field testing of nuclear explosives in the recovery 

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

8 program direction funds available to the National Energy 

9 Technology Laboratory may be used to support Depart10 ment of Energy activities not included in this account: 

11 Provided further, That the Secretary of Energy is author12 ized to accept fees and contributions from public and pri13 vate sources, to be deposited in a contributed funds ac14 count, and prosecute projects using such fees and con15 tributions in cooperation with other Federal, State, or pri16 vate agencies or concerns: Provided further, That revenues 

17 and other moneys received by or for the account of the 

18 Department of Energy or otherwise generated by sale of 

19 products in connection with projects of the Department 

20 appropriated under the Fossil Energy Research and De21 velopment account may be retained by the Secretary of 

22 Energy, to be available until expended, and used only for 

23 plant construction, operation, costs, and payments to cost24 sharing entities as provided in appropriate cost-sharing 

25 contracts or agreements. 
22

HR 2419 RFS 

1 NAVAL PETROLEUM AND OIL SHALE RESERVES

2 For expenses necessary to carry out naval petroleum 

3 and oil shale reserve activities, including the hire of pas4 senger motor vehicles, $18,500,000, to remain available 

5 until expended: Provided, That, notwithstanding any other 

6 provision of law, unobligated funds remaining from prior 

7 years shall be available for all naval petroleum and oil 

8 shale reserve activities. 

9 ELK HILLS SCHOOL LANDS FUND

10 For necessary expenses in fulfilling installment pay11 ments under the Settlement Agreement entered into by 

12 the United States and the State of California on October 

13 11, 1996, as authorized by section 3415 of Public Law 

14 104–106, $48,000,000, for payment to the State of Cali15 fornia for the State Teachers’ Retirement Fund, of which 

16 $46,000,000 will be derived from the Elk Hills School 

17 Lands Fund. 

18 STRATEGIC PETROLEUM RESERVE

19 For necessary expenses for Strategic Petroleum Re20 serve facility development and operations and program 

21 management activities pursuant to the Energy Policy and 

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

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

24 the hire, maintenance, and operation of aircraft, the pur25 chase, repair, and cleaning of uniforms, the reimburse-
23

HR 2419 RFS 

1 ment to the General Services Administration for security 

2 guard services, $166,000,000, to remain available until ex3 pended. 

4 ENERGY INFORMATION ADMINISTRATION

5 For necessary expenses in carrying out the activities 

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

7 to remain available until expended. 

8 NON-DEFENSE ENVIRONMENTAL CLEANUP

9 For Department of Energy expenses, including the 

10 purchase, construction, and acquisition of plant and cap11 ital equipment and other expenses necessary for non-de12 fense environmental cleanup activities in carrying out the 

13 purposes of the Department of Energy Organization Act 

14 (42 U.S.C. 7101 et seq.), including the acquisition or con15 demnation of any real property or any facility or for plant 

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

17 purchase of not to exceed six passenger motor vehicles, 

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

19 to remain available until expended. 

20 URANIUM ENRICHMENT DECONTAMINATION AND

21 DECOMMISSIONING FUND

22 For necessary expenses in carrying out uranium en23 richment facility decontamination and decommissioning, 

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

25 Atomic Energy Act of 1954, as amended, and title X, sub-
24

HR 2419 RFS 

1 title A, of the Energy Policy Act of 1992, $591,498,000, 

2 to be derived from the Fund, to remain available until ex3 pended, of which $20,000,000 shall be available in accord4 ance with title X, subtitle A, of the Energy Policy Act 

5 of 1992. 

6 SCIENCE

7 For Department of Energy expenses including the 

8 purchase, construction and acquisition of plant and capital 

9 equipment, and other expenses necessary for science ac10 tivities in carrying out the purposes of the Department 

11 of Energy Organization Act (42 U.S.C. 7101 et seq.), in12 cluding the acquisition or condemnation of any real prop13 erty or facility or for plant or facility acquisition, construc14 tion, or expansion, and purchase of not to exceed forty15 seven passenger motor vehicles for replacement only, in16 cluding not to exceed one ambulance and two buses, 

17 $3,666,055,000, to remain available until expended. 

18 NUCLEAR WASTE DISPOSAL

19 For nuclear waste disposal activities to carry out the 

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

21 Law 97–425, as amended (the ‘‘Act’’), including the ac22 quisition of real property or facility construction or expan23 sion, $310,000,000, to remain available until expended 

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

25 That of the funds made available in this Act for Nuclear 
25

HR 2419 RFS 

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

2 of Nevada solely for expenditures, other than salaries and 

3 expenses of State employees, to conduct scientific over4 sight responsibilities and participate in licensing activities 

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

6 shall be provided to affected units of local governments, 

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

8 participate in licensing activities: Provided further, That 

9 the distribution of the funds as determined by the units 

10 of local government shall be approved by the Department 

11 of Energy: Provided further, That the funds for the State 

12 of Nevada shall be made available solely to the Nevada 

13 Division of Emergency Management by direct payment 

14 and units of local government by direct payment: Provided 

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

16 Federal fiscal year, the Nevada Division of Emergency 

17 Management and the Governor of the State of Nevada and 

18 each local entity shall provide certification to the Depart19 ment of Energy that all funds expended from such pay20 ments have been expended for activities authorized by the 

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

22 such certification shall cause such entity to be prohibited 

23 from any further funding provided for similar activities: 

24 Provided further, That none of the funds herein appro25 priated may be: (1) used directly or indirectly to influence 
26

HR 2419 RFS 

1 legislative action on any matter pending before Congress 

2 or a State legislature or for lobbying activity as provided 

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

4 used to support multi-State efforts or other coalition 

5 building activities inconsistent with the restrictions con6 tained in this Act: Provided further, That all proceeds and 

7 recoveries realized by the Secretary in carrying out activi8 ties authorized by the Act, including but not limited to, 

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

10 without further appropriation and shall remain available 

11 until expended. 

12 DEPARTMENTAL ADMINISTRATION

13 (INCLUDING TRANSFER OF FUNDS)

14 For salaries and expenses of the Department of En15 ergy necessary for departmental administration in car16 rying out the purposes of the Department of Energy Orga17 nization Act (42 U.S.C. 7101 et seq.), including the hire 

18 of passenger motor vehicles and official reception and rep19 resentation expenses not to exceed $35,000, $253,909,000 

20 (reduced by $1,000,000), to remain available until ex21 pended, plus such additional amounts as necessary to 

22 cover increases in the estimated amount of cost of work 

23 for others notwithstanding the provisions of the Anti-Defi24 ciency Act (31 U.S.C. 1511 et seq.): Provided, That such 

25 increases in cost of work are offset by revenue increases 
27

HR 2419 RFS 

1 of the same or greater amount, to remain available until 

2 expended: Provided further, That moneys received by the 

3 Department for miscellaneous revenues estimated to total 

4 $123,000,000 in fiscal year 2006 may be retained and 

5 used for operating expenses within this account, and may 

6 remain available until expended, as authorized by section 

7 201 of Public Law 95–238, notwithstanding the provisions 

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

9 appropriated shall be reduced by the amount of miscella10 neous revenues received during fiscal year 2006, and any 

11 related unappropriated receipt account balances remaining 

12 from prior years’ miscellaneous revenues, so as to result 

13 in a final fiscal year 2006 appropriation from the general 

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

15 OFFICE OF THE INSPECTOR GENERAL

16 For necessary expenses of the Office of the Inspector 

17 General in carrying out the provisions of the Inspector 

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

19 available until expended. 

20 ATOMIC ENERGY DEFENSE ACTIVITIES 

21 NATIONAL NUCLEAR SECURITY ADMINISTRATION

22 WEAPONS ACTIVITIES

23 (INCLUDING TRANSFER OF FUNDS)

24 For Department of Energy expenses, including the 

25 purchase, construction, and acquisition of plant and cap-
28

HR 2419 RFS 

1 ital equipment and other incidental expenses necessary for 

2 atomic energy defense weapons activities in carrying out 

3 the purposes of the Department of Energy Organization 

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

5 condemnation of any real property or any facility or for 

6 plant or facility acquisition, construction, or expansion; 

7 and the purchase of not to exceed 40 passenger motor ve8 hicles, for replacement only, including not to exceed two 

9 buses; $6,181,121,000, to remain available until ex10 pended. 

11 DEFENSE NUCLEAR NONPROLIFERATION

12 For Department of Energy expenses, including the 

13 purchase, construction, and acquisition of plant and cap14 ital equipment and other incidental expenses necessary for 

15 atomic energy defense, defense nuclear nonproliferation 

16 activities, in carrying out the purposes of the Department 

17 of Energy Organization Act (42 U.S.C. 7101 et seq.), in18 cluding the acquisition or condemnation of any real prop19 erty or any facility or for plant or facility acquisition, con20 struction, or expansion, $1,500,959,000, to remain avail21 able until expended. 

22 NAVAL REACTORS

23 For Department of Energy expenses necessary for 

24 naval reactors activities to carry out the Department of 

25 Energy Organization Act (42 U.S.C. 7101 et seq.), includ-
29

HR 2419 RFS 

1 ing the acquisition (by purchase, condemnation, construc2 tion, or otherwise) of real property, plant, and capital 

3 equipment, facilities, and facility expansion, 

4 $799,500,000, to remain available until expended. 

5 OFFICE OF THE ADMINISTRATOR

6 For necessary expenses of the Office of the Adminis7 trator in the National Nuclear Security Administration, 

8 including official reception and representation expenses 

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

10 until expended. 

11 ENVIRONMENTAL AND OTHER DEFENSE 

12 ACTIVITIES 

13 DEFENSE ENVIRONMENTAL CLEANUP

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 environmental cleanup activities in car18 rying out the purposes of the Department of Energy Orga19 nization Act (42 U.S.C. 7101 et seq.), including the acqui20 sition or condemnation of any real property or any facility 

21 or for plant or facility acquisition, construction, or expan22 sion, $6,468,336,000, to remain available until expended. 

23 OTHER DEFENSE ACTIVITIES

24 For Department of Energy expenses, including the 

25 purchase, construction, and acquisition of plant and cap-
30

HR 2419 RFS 

1 ital equipment and other expenses, necessary for atomic 

2 energy defense, other defense activities, and classified ac3 tivities, in carrying out the purposes of the Department 

4 of Energy Organization Act (42 U.S.C. 7101 et seq.), in5 cluding the acquisition or condemnation of any real prop6 erty or any facility or for plant or facility acquisition, con7 struction, or expansion, and the purchase of not to exceed 

8 ten passenger motor vehicles for replacement only, includ9 ing not to exceed two buses; $702,498,000, to remain 

10 available until expended. 

11 DEFENSE NUCLEAR WASTE DISPOSAL

12 For nuclear waste disposal activities to carry out the 

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

14 the acquisition of real property or facility construction or 

15 expansion, $351,447,000, to remain available until ex16 pended. 

17 POWER MARKETING ADMINISTRATIONS 

18 BONNEVILLE POWER ADMINISTRATION FUND

19 Expenditures from the Bonneville Power Administra20 tion Fund, established pursuant to Public Law 93–454, 

21 are approved for official reception and representation ex22 penses in an amount not to exceed $1,500. During fiscal 

23 year 2006, no new direct loan obligations may be made. 
31

HR 2419 RFS 

1 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

2 ADMINISTRATION

3 For necessary expenses of operation and maintenance 

4 of power transmission facilities and of electric power and 

5 energy, including transmission wheeling and ancillary 

6 services pursuant to section 5 of the Flood Control Act 

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

8 power area, $5,600,000, to remain available until ex9 pended: Provided, That, notwithstanding 31 U.S.C. 3302, 

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

11 Administration pursuant to the Flood Control Act of 1944 

12 to recover purchase power and wheeling expenses shall be 

13 credited to this account as offsetting collections, to remain 

14 available until expended for the sole purpose of making 

15 purchase power and wheeling expenditures. 

16 OPERATION AND MAINTENANCE, SOUTHWESTERN

17 POWER ADMINISTRATION

18 For necessary expenses of operation and maintenance 

19 of power transmission facilities and of marketing electric 

20 power and energy, for construction and acquisition of 

21 transmission lines, substations and appurtenant facilities, 

22 and for administrative expenses, including official recep23 tion and representation expenses in an amount not to ex24 ceed $1,500 in carrying out section 5 of the Flood Control 

25 Act of 1944 (16 U.S.C. 825s), as applied to the south-
32

HR 2419 RFS 

1 western power administration, $31,401,000, to remain 

2 available until expended: Provided, That, notwithstanding 

3 31 U.S.C. 3302, up to $1,235,000 collected by the South4 western Power Administration pursuant to the Flood Con5 trol Act to recover purchase power and wheeling expenses 

6 shall be credited to this account as offsetting collections, 

7 to remain available until expended for the sole purpose 

8 of making purchase power and wheeling expenditures. 

9 CONSTRUCTION, REHABILITATION, OPERATION AND

10 MAINTENANCE, WESTERN AREA POWER ADMINIS11 TRATION

12 For carrying out the functions authorized by title III, 

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

14 U.S.C. 7152), and other related activities including con15 servation and renewable resources programs as author16 ized, including official reception and representation ex17 penses in an amount not to exceed $1,500; $226,992,000, 

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

19 shall be derived from the Department of the Interior Rec20 lamation Fund: Provided, That of the amount herein ap21 propriated, $6,000,000 shall be available until expended 

22 on a nonreimbursable basis to the Western Area Power 

23 Administration for Topock-Davis-Mead Transmission 

24 Line Upgrades: Provided further, That notwithstanding 

25 the provision of 31 U.S.C. 3302, up to $148,500,000 col-
33

HR 2419 RFS 

1 lected by the Western Area Power Administration pursu2 ant to the Flood Control Act of 1944 and the Reclamation 

3 Project Act of 1939 to recover purchase power and wheel4 ing expenses shall be credited to this account as offsetting 

5 collections, to remain available until expended for the sole 

6 purpose of making purchase power and wheeling expendi7 tures. 

8 FALCON AND AMISTAD OPERATING AND MAINTENANCE

9 FUND

10 For operation, maintenance, and emergency costs for 

11 the hydroelectric facilities at the Falcon and Amistad 

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

13 and to be derived from the Falcon and Amistad Operating 

14 and Maintenance Fund of the Western Area Power Ad15 ministration, as provided in section 423 of the Foreign 

16 Relations Authorization Act, Fiscal Years 1994 and 1995. 

17 FEDERAL ENERGY REGULATORY COMMISSION

18 SALARIES AND EXPENSES

19 For necessary expenses of the Federal Energy Regu20 latory Commission to carry out the provisions of the De21 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

23 the hire of passenger motor vehicles, and official reception 

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

25 $220,400,000, to remain available until expended: Pro-
34

HR 2419 RFS 

1 vided, That notwithstanding any other provision of law, 

2 not to exceed $220,400,000 of revenues from fees and an3 nual charges, and other services and collections in fiscal 

4 year 2006 shall be retained and used for necessary ex5 penses in this account, and shall remain available until 

6 expended: Provided further, That the sum herein appro7 priated from the general fund shall be reduced as revenues 

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

9 final fiscal year 2006 appropriation from the general fund 

10 estimated at not more than $0. 

11 GENERAL PROVISIONS 

12 DEPARTMENT OF ENERGY 

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

14 other appropriations Act for fiscal year 2006 or any pre15 vious fiscal year may be used to make payments for a non16 competitive management and operating contract unless 

17 the Secretary of Energy has published in the Federal Reg18 ister and submitted to the Committees on Appropriations 

19 of the House of Representatives and the Senate a written 

20 notification, with respect to each such contract, of the Sec21 retary’s decision to use competitive procedures for the 

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

23 the term of the contract expires. 

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

25 up to 2 years of a noncompetitive management and oper-
35

HR 2419 RFS 

1 ating contract, if the extension is for purposes of allowing 

2 time to award competitively a new contract, to provide 

3 continuity of service between contracts, or to complete a 

4 contract that will not be renewed. 

5 (b) In this section: 

6 (1) The term ‘‘noncompetitive management and 

7 operating contract’’ means a contract that was 

8 awarded more than 50 years ago without competi9 tion for the management and operation of Ames 

10 Laboratory, Argonne National Laboratory, Lawrence 

11 Berkeley National Laboratory, Lawrence Livermore 

12 National Laboratory, and Los Alamos National Lab13 oratory. 

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

15 meaning provided in section 4 of the Office of Fed16 eral Procurement Policy Act (41 U.S.C. 403) and 

17 includes procedures described in section 303 of the 

18 Federal Property and Administrative Services Act of 

19 1949 (41 U.S.C. 253) other than a procedure that 

20 solicits a proposal from only one source. 

21 (c) For all management and operating contracts 

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

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

24 management and operating contract, or award a signifi25 cant extension or expansion to an existing management 
36

HR 2419 RFS 

1 and operating contract, unless such contract is awarded 

2 using competitive procedures or the Secretary of Energy 

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

4 a deviation. The Secretary may not delegate the authority 

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

6 award for which the Secretary intends to grant such a 

7 waiver, the Secretary shall submit to the Committees on 

8 Appropriations of the House of Representatives and the 

9 Senate a report notifying the Committees of the waiver 

10 and setting forth, in specificity, the substantive reasons 

11 why the Secretary believes the requirement for competition 

12 should be waived for this particular award. 

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

14 may be used to—

15 (1) develop or implement a workforce restruc16 turing plan that covers employees of the Department 

17 of Energy; or 

18 (2) provide enhanced severance payments or 

19 other benefits for employees of the Department of 

20 Energy, under section 3161 of the National Defense 

21 Authorization Act for Fiscal Year 1993 (Public Law 

22 102–484; 42 U.S.C. 7274h). 

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

24 may be used to augment the funds made available for obli25 gation by this Act for severance payments and other bene-
37

HR 2419 RFS 

1 fits and community assistance grants under section 3161 

2 of the National Defense Authorization Act for Fiscal Year 

3 1993 (Public Law 102–484; 42 U.S.C. 7274h) unless the 

4 Department of Energy submits a reprogramming request 

5 to the appropriate congressional committees. 

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

7 may be used to prepare or initiate Requests For Proposals 

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

9 by Congress. 

10 (TRANSFERS OF UNEXPENDED BALANCES)

11 SEC. 305. The unexpended balances of prior appro12 priations provided for activities in this Act may be trans13 ferred to appropriation accounts for such activities estab14 lished pursuant to this title. Balances so transferred may 

15 be merged with funds in the applicable established ac16 counts and thereafter may be accounted for as one fund 

17 for the same time period as originally enacted. 

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

19 for the Administrator of the Bonneville Power Administra20 tion may be used to enter into any agreement to perform 

21 energy efficiency services outside the legally defined Bon22 neville service territory, with the exception of services pro23 vided internationally, including services provided on a re24 imbursable basis, unless the Administrator certifies in ad25 vance that such services are not available from private sec26 tor businesses. 
38

HR 2419 RFS 

1 SEC. 307. When the Department of Energy makes 

2 a user facility available to universities or other potential 

3 users, or seeks input from universities or other potential 

4 users regarding significant characteristics or equipment in 

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

6 shall ensure broad public notice of such availability or 

7 such need for input to universities and other potential 

8 users. When the Department of Energy considers the par9 ticipation of a university or other potential user as a for10 mal partner in the establishment or operation of a user 

11 facility, the Department shall employ full and open com12 petition in selecting such a partner. For purposes of this 

13 section, the term ‘‘user facility’’ includes, but is not lim14 ited to: (1) a user facility as described in section 

15 2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 

16 13503(a)(2)); (2) a National Nuclear Security Adminis17 tration Defense Programs Technology Deployment Cen18 ter/User Facility; and (3) any other Departmental facility 

19 designated by the Department as a user facility. 

20 SEC. 308. The Administrator of the National Nuclear 

21 Security Administration may authorize the manager of a 

22 covered nuclear weapons research, development, testing or 

23 production facility to engage in research, development, 

24 and demonstration activities with respect to the engineer25 ing and manufacturing capabilities at such facility in 
39

HR 2419 RFS 

1 order to maintain and enhance such capabilities at such 

2 facility: Provided, That of the amount allocated to a cov3 ered nuclear weapons facility each fiscal year from 

4 amounts available to the Department of Energy for such 

5 fiscal year for national security programs, not more than 

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

7 for these activities: Provided further, That for purposes of 

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

9 means the following: 

10 (1) the Kansas City Plant, Kansas City, Mis11 souri;

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

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

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

15 and 

16 (5) the Nevada Test Site. 

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

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

19 Act, for intelligence activities are deemed to be specifically 

20 authorized by the Congress for purposes of section 504 

21 of the National Security Act of 1947 (50 U.S.C. 414) dur22 ing fiscal year 2006 until the enactment of the Intelligence 

23 Authorization Act for fiscal year 2006. 
40

HR 2419 RFS 

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

2 Act may be used to select a site for the Modern Pit Facil3 ity during fiscal year 2006. 

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

5 III of this Act shall be for the Department of Energy na6 tional laboratories and production plants for Laboratory 

7 Directed Research and Development (LDRD), Plant Di8 rected Research and Development (PDRD), and Site Di9 rected Research and Development (SDRD) activities in 

10 excess of $250,000,000. 

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

12 III of this Act shall be for Department of Energy Labora13 tory Directed Research and Development (LDRD), Plant 

14 Directed Research and Development (PDRD), and Site 

15 Directed Research and Development (SDRD) activities for 

16 project costs incurred as Indirect Costs by Major Facility 

17 Operating Contractors. 

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

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

20 research and development activities at Department of En21 ergy laboratories on behalf of other Federal agencies. 

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

23 Department of Energy under this Act shall be used to im24 plement or finance authorized price support or loan guar-
41

HR 2419 RFS 

1 antee programs unless specific provision is made for such 

2 programs in an appropriations Act. 

3 TITLE IV 

4 INDEPENDENT AGENCIES 

5 APPALACHIAN REGIONAL COMMISSION

6 For expenses necessary to carry out the programs au7 thorized by the Appalachian Regional Development Act of 

8 1965, as amended, for necessary expenses for the Federal 

9 Co-Chairman and the alternate on the Appalachian Re10 gional Commission, for payment of the Federal share of 

11 the administrative expenses of the Commission, including 

12 services as authorized by 5 U.S.C. 3109, and hire of pas13 senger motor vehicles, $38,500,000, to remain available 

14 until expended. 

15 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

16 SALARIES AND EXPENSES

17 For necessary expenses of the Defense Nuclear Fa18 cilities Safety Board in carrying out activities authorized 

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

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

21 available until expended. 

22 DELTA REGIONAL AUTHORITY

23 SALARIES AND EXPENSES

24 For necessary expenses of the Delta Regional Author25 ity and to carry out its activities, as authorized by the 
42

HR 2419 RFS 

1 Delta Regional Authority Act of 2000, as amended, not2 withstanding sections 382C(b)(2), 382F(d), and 382M(b) 

3 of said Act, $6,000,000, to remain available until ex4 pended. 

5 DENALI COMMISSION

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

7 to remain available until expended. 

8 NUCLEAR REGULATORY COMMISSION

9 SALARIES AND EXPENSES

10 For necessary expenses of the Commission in car11 rying out the purposes of the Energy Reorganization Act 

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

13 as amended, including official representation expenses 

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

15 items for use in the recruitment of individuals for employ16 ment, $714,376,000, to remain available until expended: 

17 Provided, That of the amount appropriated herein, 

18 $66,717,000 shall be derived from the Nuclear Waste 

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

20 inspection services, and other services and collections esti21 mated at $580,643,000 in fiscal year 2006 shall be re22 tained and used for necessary salaries and expenses in this 

23 account, notwithstanding 31 U.S.C. 3302, and shall re24 main available until expended: Provided further, That the 

25 sum herein appropriated shall be reduced by the amount 
43

HR 2419 RFS 

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

2 in a final fiscal year 2006 appropriation estimated at not 

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

4 6101 of the Omnibus Budget Reconciliation Act of 1990 

5 is amended by inserting before the period in subsection 

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

7 OFFICE OF INSPECTOR GENERAL

8 For necessary expenses of the Office of Inspector 

9 General in carrying out the provisions of the Inspector 

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

11 available until expended: Provided, That revenues from li12 censing fees, inspection services, and other services and 

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

14 shall be retained and be available until expended, for nec15 essary salaries and expenses in this account, notwith16 standing 31 U.S.C. 3302: Provided further, That the sum 

17 herein appropriated shall be reduced by the amount of rev18 enues received during fiscal year 2006 so as to result in 

19 a final fiscal year 2006 appropriation estimated at not 

20 more than $831,000. 

21 NUCLEAR WASTE TECHNICAL REVIEW BOARD

22 SALARIES AND EXPENSES

23 For necessary expenses of the Nuclear Waste Tech24 nical Review Board, as authorized by Public Law 100–
44

HR 2419 RFS 

1 203, section 5051, $3,608,000, to be derived from the Nu2 clear Waste Fund, and to remain available until expended.

3 TITLE V 

4 GENERAL PROVISIONS 

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

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

7 congressional action on any legislation or appropriation 

8 matters pending before Congress, other than to commu9 nicate to Members of Congress as described in 18 U.S.C. 

10 1913. 

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

12 Act may be transferred to any department, agency, or in13 strumentality of the United States Government, except 

14 pursuant to a transfer made by, or transfer authority pro15 vided in this Act or any other appropriation Act. 

16 SEC. 503. None of the funds made available by this 

17 Act shall be used by the Nuclear Regulatory Commission 

18 to contract with or reimburse any Nuclear Regulatory 

19 Commission licensee or the Nuclear Energy Institute with 

20 respect to matters relating to the security of production 

21 facilities or utilization facilities (within the meaning of the 

22 Atomic Energy Act of 1954). 

23 SEC. 504. None of the funds made available by this 

24 Act may be used before March 1, 2006, to enter into an 

25 agreement obligating the United States to contribute 
45

HR 2419 RFS 

1 funds to ITER, the international burning plasma fusion 

2 research project in which the President announced United 

3 States participation on January 30, 2003. 

4 This Act may be cited as the ‘‘Energy and Water De5 velopment Appropriations Act, 2006’’.

Passed the House of Representatives May 24, 2005. 

Attest: JEFF TRANDAHL, 

Clerk.