II 

Calendar No. 130

109TH CONGRESS 

1ST SESSION H.R. 2419

[Report No. 109–84] 

IN THE SENATE OF THE UNITED STATES 

MAY 25, 2005

Received; read twice and referred to the Committee on Appropriations 

JUNE 16, 2005

Reported by Mr. DOMENICI, with an amendment 

[Strike all after the enacting clause and insert the part printed in italic] 

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: 
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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 as authorized 

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

23 accompanying 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 as authorized in 

23 law for the projects and activities specified in the report 

24 accompanying 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, the amounts made available under this paragraph 

16 shall be expended as authorized in law for the projects 

17 and activities specified in the report accompanying this 

18 Act. 

19 OPERATION AND MAINTENANCE

20 For expenses necessary for the operation, mainte21 nance, and care of existing river and harbor, flood and 

22 storm damage reduction, aquatic ecosystem restoration, 

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

24 federally listed species to address the effects of civil works 

25 projects owned or operated by the United States Army 
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1 Corps of Engineers (the ‘‘Corps’’); for providing security 

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

3 the Corps, including administrative buildings and facili4 ties, laboratories, and the Washington Aqueduct; for the 

5 maintenance of harbor channels provided by a State, mu6 nicipality, or other public agency that serve essential navi7 gation needs of general commerce, where authorized by 

8 law; and for surveys and charting of northern and north9 western lakes and connecting waters, clearing and 

10 straightening channels, and removal of obstructions to 

11 navigation, $2,000,000,000 to remain available until ex12 pended, of which such sums to cover the Federal share 

13 of operation and maintenance costs for coastal harbors 

14 and channels, and inland harbors shall be derived from 

15 the Harbor Maintenance Trust Fund, pursuant to Public 

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

17 sums as become available from the special account for the 

18 Corps established by the Land and Water Conservation 

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

20 derived from that account for resource protection, re21 search, interpretation, and maintenance activities related 

22 to resource protection in the areas at which outdoor recre23 ation is available; and of which such sums as become avail24 able under section 217 of the Water Resources Develop25 ment Act of 1996, Public Law 104–303, shall be used to 
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1 cover the cost of operation and maintenance of the 

2 dredged material disposal facilities for which fees have 

3 been collected: Provided, That, except as provided in sec4 tion 101 of this Act, the amounts made available under 

5 this paragraph shall be expended as authorized in law for 

6 the projects and activities specified in the report accom7 panying this Act. 

8 REGULATORY PROGRAM

9 For expenses necessary for administration of laws 

10 pertaining to regulation of navigable waters and wetlands, 

11 $160,000,000, to remain available until expended. 

12 FORMERLY UTILIZED SITES REMEDIAL ACTION

13 PROGRAM

14 For expenses necessary to clean up contamination 

15 from sites in the United States resulting from work per16 formed as part of the Nation’s early atomic energy pro17 gram, $140,000,000, to remain available until expended. 

18 GENERAL EXPENSES

19 For expenses necessary for general administration 

20 and related civil works functions in the headquarters of 

21 the United States Army Corps of Engineers, the offices 

22 of the Division Engineers, the Humphreys Engineer Cen23 ter Support Activity, the Institute for Water Resources, 

24 the United States Army Engineer Research and Develop25 ment Center, and the United States Army Corps of Engi-
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1 neers Finance Center, $152,021,000 to remain available 

2 until expended: Provided, That no part of any other appro3 priation provided in this Act shall be available to fund the 

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

5 or the civil works executive direction and management ac6 tivities of the division offices. 

7 OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL

8 WORKS) 

9 For expenses necessary for the Office of Assistant 

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

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

12 ADMINISTRATIVE PROVISION

13 Appropriations in this title shall be available for offi14 cial reception and representation expenses not to exceed 

15 $5,000; and during the current fiscal year the Revolving 

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

17 not to exceed 100 for replacement only and hire of pas18 senger motor vehicles. 

19 GENERAL PROVISIONS 

20 CORPS OF ENGINEERS—CIVIL

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

22 of this Act shall be available for obligation or expenditure 

23 through a reprogramming of funds that—

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

25 or activity; 
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1 (2) eliminates a program, project, or activity; 

2 (3) increases funds or personnel for any pro3 gram, project, or activity for which funds are denied 

4 or restricted by this Act; 

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

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

7 Act; 

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

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

10 whichever is less; or 

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

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

13 whichever is less. 

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

15 or activity authorized under section 205 of the Flood Con16 trol Act of 1948, section 14 of the Flood Control Act of 

17 1946, section 208 of the Flood Control Act of 1954, sec18 tion 107 of the River and Harbor Act of 1960, section 

19 103 of the River and Harbor Act of 1962, section 111 

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

21 Water Resources Development Act of 1986, section 206 

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

23 the Water Resources Act of 1992. 

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

25 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. After February 6, 2006, none of the funds 

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

10 any continuing contract or to make modifications to any 

11 existing continuing contract that obligates the United 

12 States Government during fiscal year 2007 to make pay13 ment under such contract for any project that is proposed 

14 for deferral or suspension in fiscal year 2007 in the mate15 rials prepared by the Assistant Secretary of the Army 

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

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

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

19 I of this Act may be used to award any continuing con20 tract or to make modifications to any existing continuing 

21 contract that reserves an amount for a project in excess 

22 of the amount appropriated for such project pursuant to 

23 this Act. 

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

25 shall be available for the rehabilitation and lead and asbes-
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1 tos abatement of the dredge McFarland: Provided, That 

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

3 by $18,630,000. 

4 SEC. 107. None of the funds in this Act may be ex5 pended by the Secretary of the Army to construct the Port 

6 Jersey element of the New York and New Jersey Harbor 

7 or to reimburse the local sponsor for the construction of 

8 the Port Jersey element until commitments for construc9 tion of container handling facilities are obtained from the 

10 non-Federal sponsor for a second user along the Port Jer11 sey element. 

12 TITLE II 

13 DEPARTMENT OF THE INTERIOR 

14 CENTRAL UTAH PROJECT

15 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

16 For carrying out activities authorized by the Central 

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

18 available until expended, of which $946,000 shall be de19 posited into the Utah Reclamation Mitigation and Con20 servation Account for use by the Utah Reclamation Miti21 gation and Conservation Commission. 

22 In addition, for necessary expenses incurred in car23 rying out related responsibilities of the Secretary of the 

24 Interior, $1,736,000, to remain available until expended. 
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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) 
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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 
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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 
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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 
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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-
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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 
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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. 
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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 
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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 
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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. 
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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-
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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-
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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 
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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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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’’.

6 That the following sums are appropriated, out of any 

7 money in the Treasury not otherwise appropriated, for the 

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

9 water development and for other purposes, namely:

10 TITLE I—DEPARTMENT OF DEFENSE—CIVIL 

11 DEPARTMENT OF THE ARMY 

12 CORPS OF ENGINEERS—CIVIL

13 The following appropriations shall be expended under 

14 the direction of the Chief of Engineers and the supervision 

15 of the Director of Civil Works for authorized civil functions 

16 of the Department of the Army pertaining to rivers and 

17 harbors, flood control, shore protection and storm damage 

18 reduction, aquatic ecosystem restoration, and related pur19 poses. 

20 GENERAL INVESTIGATIONS

21 For expenses necessary for the collection and study of 

22 basic information pertaining to river and harbor, flood con23 trol, shore protection and storm damage reduction, aquatic 

24 ecosystem restoration, and related projects, restudy of au25 thorized projects, miscellaneous investigations, and, when 

26 authorized by law, surveys and detailed studies and plans 
46

HR 2419 RS 

1 and specifications of projects prior to construction, 

2 $180,000,000, to remain available until expended. 

3 CONSTRUCTION, GENERAL

4 For expenses necessary for the construction of river 

5 and harbor, flood control, shore protection and storm dam6 age reduction, aquatic ecosystem restoration, and related 

7 projects authorized by law; for conducting detailed studies, 

8 and plans and specifications, of such projects (including 

9 those for development with participation or under consider10 ation for participation by States, local governments, or pri11 vate groups) authorized or made eligible for selection by law 

12 (but such detailed studies, and plans and specifications, 

13 shall not constitute a commitment of the Government to 

14 construction); $2,086,664,000, to remain available until ex15 pended, of which such sums as are necessary to cover the 

16 Federal share of construction costs for facilities under the 

17 Dredged Material Disposal Facilities program shall be de18 rived from the Harbor Maintenance Trust Fund as author19 ized by Public Law 104–303; and of which such sums as 

20 are necessary pursuant to Public Law 99–662 shall be de21 rived from the Inland Waterways Trust Fund, to cover one22 half of the costs of construction and rehabilitation of inland 

23 waterways projects, (including the rehabilitation costs for 

24 Lock and Dam 11, Mississippi River, Iowa; Lock and Dam 

25 19, Mississippi River, Iowa; Lock and Dam 24, Mississippi 

26 River, Illinois and Missouri; Lock 27, Mississippi River, 
47

HR 2419 RS 

1 Illinois; and Lock and Dam 3, Mississippi River, Min2 nesota) shall be derived from the Inland Waterways Trust 

3 Fund: Provided, That using $15,000,000 of the funds ap4 propriated herein, the Chief of Engineers is directed to con5 tinue construction of the Dallas Floodway Extension, 

6 Texas, project, including the Cadillac Heights feature, gen7 erally in accordance with the Chief of Engineers report 

8 dated December 7, 1999: Provided further, That the Chief 

9 of Engineers is directed to use $2,000,000 of the funds pro10 vided herein to continue construction of the Hawaii Water 

11 Management Project: Provided further, That the Chief of 

12 Engineers is directed to use $13,000,000 of the funds appro13 priated herein to continue construction of the navigation 

14 project at Kaumalapau Harbor, Hawaii: Provided further, 

15 That the Chief of Engineers is directed to use $4,000,000 

16 of the funds provided herein for the Dam Safety and Seep17 age/Stability Correction Program to complete construction 

18 of seepage control features and repairs to the tainter gates 

19 at Waterbury Dam, Vermont: Provided further, That the 

20 Chief of Engineers is directed to use $9,500,000 of the funds 

21 appropriated herein to proceed with planning, engineering, 

22 design or construction of the Grundy, Buchanan County, 

23 and Dickenson County, Virginia, elements of the Levisa and 

24 Tug Forks of the Big Sandy River and Upper Cumberland 

25 River Project: Provided further, That the Chief of Engineers 
48

HR 2419 RS 

1 is directed to use $4,600,000 of the funds appropriated here2 in to continue with the planning, engineering, design or 

3 construction of the Lower Mingo County, Upper Mingo 

4 County, Wayne County, McDowell County, West Virginia, 

5 elements of the Levisa and Tug Forks of the Big Sandy 

6 River and Upper Cumberland River Project: Provided fur7 ther, That the Chief of Engineers is directed to continue 

8 the Dickenson County Detailed Project Report as generally 

9 defined in Plan 4 of the Huntington District Engineer’s 

10 Draft Supplement to the section 202 General Plan for Flood 

11 Damage Reduction dated April 1997, including all Russell 

12 Fork tributary streams within the County and special con13 siderations as may be appropriate to address the unique 

14 relocations and resettlement needs for the flood prone com15 munities within the County: Provided further, That the 

16 Chief of Engineers is directed to proceed with work on the 

17 permanent bridge to replace Folsom Bridge Dam Road, 

18 Folsom, California, as authorized by the Energy and Water 

19 Development Appropriations Act, 2004 (Public Law 108–

20 137), and, of the $12,000,000 available for the American 

21 River Watershed (Folsom Dam Mini-Raise), California, 

22 project, up to $7,000,000 of those funds be directed for the 

23 permanent bridge, with all remaining devoted to the Mini24 Raise: Provided further, That $300,000 is provided for the 

25 Chief of Engineers to conduct a General Reevaluation 
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1 Study on the Mount St. Helens project to determine if eco2 system restoration actions are prudent in the Cowlitz and 

3 Toutle watersheds for species that have been listed as being 

4 of economic importance and threatened or endangered. 

5 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, 

6 ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS7 SISSIPPI, MISSOURI, AND TENNESSEE

8 For expenses necessary for the flood damage reduction 

9 program for the Mississippi River alluvial valley below 

10 Cape Girardeau, Missouri, as authorized by law, 

11 $433,336,000, to remain available until expended, of which 

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

13 operation and maintenance costs for inland harbors shall 

14 be derived from the harbor maintenance trust fund: Pro15 vided, That the Chief of Engineers, using $25,000,000 of 

16 the funds provided herein, is directed to continue design 

17 and real estate activities and to initiate the pump supply 

18 contract for the Yazoo Basin, Yazoo Backwater Pumping 

19 Plant, Mississippi: Provided further, That the pump supply 

20 contract shall be performed by awarding continuing con21 tracts in accordance with 33 U.S.C. 621: Provided further, 

22 That the Secretary of the Army, acting through the Chief 

23 of Engineers is directed, with $10,000,000 appropriated 

24 herein, to continue construction of water withdrawal fea25 tures of the Grand Prairie, Arkansas, project, of which such 

26 sums as are necessary to cover the Federal share of oper-
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1 ation and maintenance costs for inland harbors shall be de2 rived from the Harbor Maintenance Trust Fund. 

3 OPERATION AND MAINTENANCE, GENERAL

4 For expenses necessary for the operation, maintenance, 

5 and care of existing river and harbor, flood and storm dam6 age reduction, aquatic ecosystem restoration, and related 

7 projects authorized by law; for providing security for infra8 structure owned and operated by, or on behalf of, the United 

9 States Army Corps of Engineers, including administrative 

10 buildings and facilities, laboratories, and the Washington 

11 Aqueduct; for the maintenance of harbor channels provided 

12 by a State, municipality, or other public agency that serve 

13 essential navigation needs of general commerce, where au14 thorized by law; and for surveys and charting of northern 

15 and northwestern lakes and connecting waters, clearing and 

16 straightening channels, and removal of obstructions to navi17 gation, $2,100,000,000, to remain available until expended, 

18 of which such sums as are necessary to cover the Federal 

19 share of operation and maintenance costs for coastal har20 bors and channels, shall be derived from the Harbor Mainte21 nance Trust Fund, pursuant to Public Law 99–662 may 

22 be derived from that fund; of which such sums as become 

23 available from the special account for the United States 

24 Army Corps of Engineers established by the Land and 

25 Water Conservation Act of 1965, as amended (16 U.S.C. 

26 460l–6a(i)), may be derived from that account for resource 
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1 protection, research, interpretation, and maintenance ac2 tivities related to resource protection in the areas at which 

3 outdoor recreation is available; and of which such sums as 

4 become available under section 217 of the Water Resources 

5 Development Act of 1996, Public Law 104–303, shall be 

6 used to cover the cost of operation and maintenance of the 

7 dredged material disposal facilities for which fees have been 

8 collected: Provided, That utilizing funds appropriated here9 in, for the Intracoastal Waterway, Delaware River to 

10 Chesapeake Bay, Delaware and Maryland, the Chief of En11 gineers, is directed to reimburse the State of Delaware for 

12 normal operation and maintenance costs incurred by the 

13 State of Delaware for the SR1 Bridge from station 58∂00 

14 to station 293∂00 between October 1, 2005, and September 

15 30, 2006: Provided further, That the Chief of Engineers is 

16 authorized to undertake, at full Federal expense, a detailed 

17 evaluation of the Albuquerque levees for purposes of deter18 mining structural integrity, impacts of vegetative growth, 

19 and performance under current hydrological conditions: 

20 Provided further, That using $275,000 provided herein, the 

21 Chief of Engineers is authorized to remove the sunken vessel 

22 State of Pennsylvania from the Christina River in Dela23 ware. 

24 FLOOD CONTROL AND COASTAL EMERGENCIES

25 For expenses necessary to prepare for flood, hurricane, 

26 and other natural disasters and support emergency oper-
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1 ations, repairs, and other activities in response to flood and 

2 hurricane emergencies, as authorized by law, $43,000,000, 

3 to remain available until expended. 

4 REGULATORY PROGRAM

5 For expenses necessary for administration of laws per6 taining to regulation of navigable waters and wetlands, 

7 $150,000,000, to remain available until expended. 

8 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

9 For expenses necessary to clean up contamination 

10 from sites in the United States resulting from work per11 formed as part of the Nation’s early atomic energy pro12 gram, $140,000,000, to remain available until expended. 

13 GENERAL EXPENSES

14 For expenses necessary for general administration and 

15 related civil works functions in the headquarters of the 

16 United States Army Corps of Engineers, the offices of the 

17 Division Engineers, the Humphreys Engineer Center Sup18 port Activity, the Institute for Water Resources, the United 

19 States Army Engineer Research and Development Center, 

20 and the United States Army Corps of Engineers Finance 

21 Center, $165,000,000, to remain available until expended: 

22 Provided, That no part of any other appropriation pro23 vided in title I of this Act shall be available to fund the 

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

25 or the civil works executive direction and management ac26 tivities of the division offices. 
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1 ADMINISTRATIVE PROVISION

2 Appropriations in this title shall be available for offi3 cial reception and representation expenses (not to exceed 

4 $5,000); and during the current fiscal year the Revolving 

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

6 (not to exceed 100 for replacement only) and hire of pas7 senger motor vehicles. 

8 GENERAL PROVISIONS, CORPS OF ENGINEERS—CIVIL

9 SEC. 101. Beginning in fiscal year 2005 and there10 after, agreements proposed for execution by the Assistant 

11 Secretary of the Army for Civil Works or the United States 

12 Army Corps of Engineers after the date of the enactment 

13 of this Act pursuant to section 4 of the Rivers and Harbor 

14 Act of 1915, Public Law 64–291; section 11 of the River 

15 and Harbor Act of 1925, Public Law 68–585; the Civil 

16 Functions Appropriations Act, 1936, Public Law 75–208; 

17 section 215 of the Flood Control, Act of 1968, as amended, 

18 Public Law 90–483; sections 104, 203, and 204 of the Water 

19 Resources Development Act of 1986, as amended, Public 

20 Law 99–662; section 206 of the Water Resources Develop21 ment Act of 1992, as amended, Public Law 102–580; section 

22 211 of the Water Resources Development Act of 1996, Public 

23 Law 104–303; and any other specific project authority, 

24 shall be limited to total credits and reimbursements for all 

25 applicable projects not to exceed $100,000,000 in each fiscal 

26 year. 
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1 SEC. 102. None of the funds appropriated in this or 

2 any other Act shall be used to demonstrate or implement 

3 any plans divesting or transferring any Civil Works mis4 sions, functions, or responsibilities of the United States 

5 Army Corps of Engineers to other government agencies 

6 without specific direction in a subsequent Act of Congress. 

7 SEC. 103. ST. GEORGES BRIDGE, DELAWARE. None of 

8 the funds made available in this Act may be used to carry 

9 out any activity relating to closure or removal of the St. 

10 Georges Bridge across the Intracoastal Waterway, Delaware 

11 River to Chesapeake Bay, Delaware and Maryland, includ12 ing a hearing or any other activity relating to preparation 

13 of an environmental impact statement concerning the clo14 sure or removal. 

15 SEC. 104. Within 75 days of the date of the Chief of 

16 Engineers Report on a water resource matter, the Assistant 

17 Secretary of the Army (Civil Works) shall submit the report 

18 to the appropriate authorizing and appropriating commit19 tees of the Congress. 

20 SEC. 105. Within 90 days of the date of enactment of 

21 this Act, the Assistant Secretary of the Army (Civil Works) 

22 shall transmit to Congress his report on any water resources 

23 matter on which the Chief of Engineers has reported. 

24 SEC. 106. Section 123 of Public Law 108–137 (117 

25 Stat. 1837) is amended by striking ‘‘in accordance with the 
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1 Baltimore Metropolitan Water Resources-Gwynns Falls 

2 Watershed Feasibility Report’’ and all that follows and in3 serting the following language in lieu thereof: ‘‘in accord4 ance with the ‘Baltimore Metropolitan Water Resources5 Gwynns Falls Watershed Study’ report prepared by the 

6 Corps of Engineers and the City of Baltimore, Maryland, 

7 dated September 2002.’’. 

8 SEC. 107. MARMET LOCK, KANAWHA RIVER, WEST

9 VIRGINIA. Section 101(a)(31) of the Water Resources Devel10 opment Act of 1996 (110 Stat. 3666), is amended by strik11 ing ‘‘$229,581,000’’ and inserting ‘‘$358,000,000’’. 

12 SEC. 108. LOWER MUD RIVER, MILTON, WEST VIR13 GINIA. The project for flood control at Milton, West Vir14 ginia, authorized by section 580 of the Water Resources De15 velopment Act of 1996 (110 Stat. 3790), as modified by sec16 tion 340 of the Water Resources Development Act of 2000 

17 (114 Stat. 2612), is modified to authorize the Chief of Engi18 neers to construct the project substantially in accordance 

19 with the draft report of the Corps of Engineers dated May 

20 2004, at an estimated total cost of $45,500,000, with an 

21 estimated Federal cost of $34,125,000 and an estimated 

22 non-Federal cost of $11,375,000. 

23 SEC. 109. WATER REALLOCATION, LAKE CUM24 BERLAND, KENTUCKY. (a) IN GENERAL.—Subject to sub25 section (b), none of the funds made available by this Act 
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1 may be used to carry out any water reallocation project 

2 or component under the Wolf Creek Project, Lake Cum3 berland, Kentucky, authorized under the Act of June 28, 

4 1938 (52 Stat. 1215, chapter 795) and the Act of July 24, 

5 1946 (60 Stat. 636, chapter 595). 

6 (b) EXISTING REALLOCATIONS.—Subsection (a) shall 

7 not apply to any water reallocation for Lake Cumberland, 

8 Kentucky, that is carried out subject to an agreement or 

9 payment schedule in effect on the date of enactment of this 

10 Act. 

11 SEC. 110. Section 529(b)(3) of Public Law 106–541 

12 is amended by striking ‘‘$10,000,000’’ and inserting 

13 ‘‘$20,000,000’’ in lieu thereof. 

14 SEC. 111. YAZOO BASIN, UPPER YAZOO PROJECTS, 

15 MISSISSIPPI. The Yazoo Basin Headwater Improvement, 

16 Mississippi, project authorized by the Flood Control Act of 

17 1928 (45 Stat. 534), as amended and modified, is further 

18 modified to include the design and construction at full Fed19 eral expense of such measures as determined by the Chief 

20 of Engineers to be advisable for the control of bank erosion 

21 along the Yazoo River and including, but not limited to, 

22 the following tributaries and watersheds of the Yazoo River: 

23 Tallahatchie River, Coldwater River (below Arkabutla 

24 Dam), Bear Creek Diversion, Yalobusha River (below Gre25 nada Dam), Little Tallahatchie River (below Sardis Dam), 
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1 Yocona River (below Enid Dam), Tchula Lake, Cassidy 

2 Bayou, Bobo Bayou Area, Arkabutla Canal, Ascalmore3 Tippo Creek, David-Burrell Bayou, McKinney Bayou, Lake 

4 Cormorant Area, Hurricane Bayou, Opossum Bayou, 

5 Chicopa Creek, Hillside Floodway, Bear Creek, Alligator6 Catfish Bayou, Rocky Bayou, Whiteoak Bayou, Potacocowa 

7 Creek, Tillatoba Creek, Teoc Creek, Big Sand Creek, 

8 Chicopa Creek, and miscellaneous ditches. 

9 SEC. 112. LOWER MISSISSIPPI RIVER MUSEUM AND

10 RIVERFRONT INTERPRETIVE SITE, MISSISSIPPI. The Water 

11 Resources Development Act of 1992 (106 Stat. 4811) is 

12 amended by—

13 (1) in section 103(c)(2) by striking ‘‘property 

14 currently held by the Resolution Trust Corporation in 

15 the vicinity of the Mississippi River Bridge’’ and in16 serting ‘‘riverfront property’’; and 

17 (2) in section 103(c)(7)— 

18 (A) by striking ‘‘There is’’ and inserting the 

19 following: ‘‘(A) IN GENERAL.—There is’’; and 

20 (B) by striking ‘‘$2,000,000’’ and all that 

21 follows and inserting the following: ‘‘$15,000,000 

22 to plan, design, and construct generally in ac23 cordance with the conceptual plan to be prepared 

24 by the Corps of Engineers. 
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1 ‘‘(B) FUNDING.—The planning, design, and 

2 construction of the Lower Mississippi River Mu3 seum and Riverfront Interpretive Site shall be 

4 carried out using funds appropriated as part of 

5 the Mississippi River Levees feature of the Mis6 sissippi River and Tributaries Project, author7 ized by the Act of May 15, 1928 (45 Stat. 534, 

8 chapter 569).’’. 

9 SEC. 113. PUBLIC LAW 106–53. Section 593(h) (113 

10 Stat. 381) is modified by striking ‘‘$25,000,000’’ and in11 serting ‘‘$50,000,000’’. 

12 SEC. 114. The project for navigation, Los Angeles Har13 bor, California, authorized by section 101(b)(5) of the Water 

14 Resources Development Act of 2000 (114 Stat. 2577) is 

15 modified to authorize the Chief of Engineers to carry out 

16 the project at a total cost of $222,000,000. 

17 SEC. 115. MISSOURI AND MIDDLE MISSISSIPPI RIV18 ERS ENHANCEMENT PROJECT. (a) Section 514 of the Water 

19 Resources Development Act of 1999 is amended by inserting 

20 after subsection (e): 

21 ‘‘(f) NONPROFIT ENTITIES.—Notwithstanding section 

22 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–

23 5b(b)), for any project undertaken under this section, a non24 Federal interest may include a Regional or National non-
59

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1 profit entity with the consent of the affected local govern2 ment. 

3 ‘‘(g) COST LIMITATION.—Not more than $5,000,000 in 

4 Federal funds may be allotted under this section for a 

5 project at any single locality.’’; and 

6 (b) renumbering the succeeding subsections accord7 ingly. 

8 SEC. 116. Section 514(f)(1) of the Water Resources De9 velopment Act of 1999 (Public Law 106–53) is amended 

10 by adding at the end of the sentence before the period 

11 ‘‘which may be in cash, by the provision of lands, ease12 ments, rights-of-way, relocations or disposal areas, by in13 kind services to implement the project, or by any combina14 tion of the foregoing. Land needed for a project under this 

15 authority may remain in private ownership subject to ease16 ments satisfactory to the Secretary necessary to assure 

17 achievement of the project purposes’’. 

18 SEC. 117. Section 514(g) of the Water Resources Devel19 opment Act of 1999 (Public Law 106–53) is amended by 

20 striking the words ‘‘for the period of fiscal years 2000 and 

21 2001’’ and inserting in lieu thereof ‘‘per year, and such au22 thority shall extend until Federal fiscal year 2015’’. 

23 SEC. 118. MISSOURI RIVER LEVEE SYSTEM, UNIT L–

24 15 LEVEE, MISSOURI. The portion of the L–15 levee system 

25 which is under the jurisdiction of the Consolidated North 
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1 County Levee District and which is situated along the right 

2 descending bank of the Mississippi River from its confluence 

3 with the Missouri River and running upstream approxi4 mately 14 miles shall be considered to be a Federal levee 

5 for purposes of cost sharing under 33 U.S.C. 701n. 

6 SEC. 119. Section 219(f) of the Water Resources Devel7 opment Act of 1992 (Public Law 102–580; 106 Stat. 4835), 

8 as amended by section 502(b) of the Water Resources Devel9 opment Act of 1999 (Public Law 106–53) and section 

10 108(d) of title I of division B of the Miscellaneous Appro11 priations Act, 2001 (as enacted by Public Law 106–554; 

12 114 Stat. 2763A–220), is further amended by adding at the 

13 end the following: 

14 ‘‘(72) ALPINE, CALIFORNIA.—$10,000,000 is au15 thorized for a water transmission main, Alpine, CA.’’. 

16 SEC. 120. Section 214(a) of Public Law 106–541 is 

17 amended by striking ‘‘2005’’ and inserting ‘‘2006’’. 

18 SEC. 121. MIDDLE RIO GRANDE ENDANGERED SPE19 CIES COLLABORATIVE PROGRAM, NEW MEXICO. The Sec20 retary of the Army may carry out projects that comply with 

21 the Reasonable and Prudent Alternative of the 2003 Bio22 logical Opinion required by section 205(b) of Public Law 

23 108–447 (118 Stat. 2949) referring to the Biological and 

24 Conference Opinions on the Effects of Actions Associated 

25 with the Programmatic Biological Assessment of Bureau of 
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1 Reclamation’s Water and River Maintenance Operations, 

2 Army Corps of Engineers’ Flood Control Operation, and 

3 Related Non-Federal Actions on the Middle Rio Grande, 

4 New Mexico and other recovery measures for the Rio Grande 

5 Silvery Minnow or the Southwest Willow Flycatcher, in6 cluding recommendations provided by the Endangered Spe7 cies Act Collaborative Program as established in Public 

8 Law 108–137 section 209(b) (117 Stat. 1850). All project 

9 undertaken under this subsection shall be subject to a 75 

10 percent Federal/25 percent non-Federal cost share. The non11 Federal cost share for all projects carried out under this 

12 program may be provided through in-kind services or direct 

13 cash contributions and shall include provision of necessary 

14 land, easements, relocations and disposal sites. Non-Federal 

15 cost share shall be credited on a programmatic basis instead 

16 of on a project-by-project basis with reconciliation of total 

17 project costs and total non-Federal cost share on a 3 year 

18 incremental basis. Over contribution of non-Federal cost 

19 share shall be credited to subsequent years. In lieu of indi20 vidual Project Cooperation Agreements, the Secretary shall 

21 enter into Memoranda of Agreement with participants in 

22 the Middle Rio Grande Endangered Species Collaborative 

23 Program in order to establish relative contribution of non24 Federal cost share by each participant, implement projects, 

25 and streamline administrative procedures. 
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1 SEC. 122. BLUESTONE, WEST VIRGINIA. Section 547 

2 of the Water Resources Development Act of 2000 (114 Stat. 

3 2676) is amended—

4 (1) in subsection (b)(1)(A) by striking ‘‘4 years’’ 

5 and inserting ‘‘5 years’’; 

6 (2) in subsection (b)(1)(B)(iii) by striking ‘‘if 

7 all’’ and all that follows through ‘‘facility’’ and in8 serting ‘‘assurance project’’; 

9 (3) in subsection (b)(1)(C) by striking ‘‘and con10 struction’’ and inserting ‘‘, construction, and oper11 ation and maintenance’’; 

12 (4) by adding at the end of subsection (b) the fol13 lowing: 

14 ‘‘(3) OPERATION AND OWNERSHIP.—The Tri-Cit15 ies Power Authority shall be the owner and operator 

16 of the hydropower facilities referred to in subsection 

17 (a).’’; 

18 (5) in subsection (c)(1)—

19 (A) by striking ‘‘No’’ and inserting ‘‘Unless 

20 otherwise provided, no’’; 

21 (B) by inserting ‘‘planning,’’ before ‘‘de22 sign’’; and 

23 (C) by striking ‘‘prior to’’ and all that fol24 lows through ‘‘subsection (d)’’; 
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1 (6) in subsection (c)(2) by striking ‘‘design’’ and 

2 inserting ‘‘planning, design,’’; 

3 (7) in subsection (d)—

4 (A) by striking paragraphs (1) and (2) and 

5 inserting the following: 

6 ‘‘(1) APPROVAL.—The Secretary shall review the 

7 design and construction activities for all features of 

8 the hydroelectric project that pertain to and affect 

9 stability of the dam and control the release of water 

10 from Bluestone Dam to ensure that the quality of con11 struction of those features meets all standards estab12 lished for similar facilities constructed by the Sec13 retary.’’; 

14 (B) by redesignating paragraph (3) as 

15 paragraph (2); 

16 (C) by striking the period at the end of 

17 paragraph (2) (as so redesignated) and inserting 

18 ‘‘, except that hydroelectric power is no longer a 

19 project purpose of the facility so long as Tri-Cit20 ies Power Authority continues to exercise its re21 sponsibilities as the builder, owner, and operator 

22 of the hydropower facilities at Bluestone Dam. 

23 Water flow releases and flood control from the 

24 hydropower facilities shall be determined and di25 rected by the Corps of Engineers.’’; and 
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1 (D) by adding at the end the following: 

2 ‘‘(3) COORDINATION.—Construction of the hydro3 electric generating facilities shall be coordinated with 

4 the dam safety assurance project currently in the de5 sign and construction phases.’’; 

6 (8) in subsection (e) by striking ‘‘in accordance’’ 

7 and all that follows through ‘‘58 Stat. 890)’’; 

8 (9) in subsection (f)—

9 (A) by striking ‘‘facility of the inter10 connected systems of reservoirs operated by the 

11 Secretary’’ each place it appears and inserting 

12 ‘‘facilities under construction under such agree13 ments’’; and 

14 (B) by striking ‘‘design’’ and inserting 

15 ‘‘planning, design’’; 

16 (10) in subsection (f)(2)—

17 (A) by ‘‘Secretary’’ each place it appears 

18 and inserting ‘‘Tri-Cities Power Authority’’; and 

19 (B) by striking ‘‘facilities referred to in sub20 section (a)’’ and inserting ‘‘such facilities’’; 

21 (11) by striking paragraph (1) of subsection (g) 

22 and inserting the following: 

23 ‘‘(1) to arrange for the transmission of power to 

24 the market or to construct such transmission facilities 

25 as necessary to market the power produced at the fa-
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1 cilities referred to in subsection (a) with funds con2 tributed by the Tri-Cities Power Authority; and’’; 

3 (12) in subsection (g)(2) by striking ‘‘such facili4 ties’’ and all that follows through ‘‘the Secretary’’ and 

5 inserting ‘‘the generating facility’’; and 

6 (13) by adding at the end the following: 

7 ‘‘(i) TRI-CITIES POWER AUTHORITY DEFINED.—In 

8 this section, the ‘Tri-Cities Power Authority’ refers to the 

9 entity established by the City of Hinton, West Virginia, the 

10 City of White Sulphur Springs, West Virginia, and the City 

11 of Philippi, West Virginia, pursuant to a document entitled 

12 ‘Second Amended and Restated Intergovernmental Agree13 ment’ approved by the Attorney General of West Virginia 

14 on February 14, 2002.’’. 

15 SEC. 123. The portion of the project for navigation, 

16 City Waterway, Tacoma, Washington authorized by the 

17 first section of the Act of June 13, 1902 (32 Stat. 347), 

18 consisting of the last 1,000 linear feet of the inner portion 

19 of the Waterway beginning at Station 70∂00 and ending 

20 at Station 80∂00, is not authorized. 

21 SEC. 124. The Chief of Engineers shall define the re22 pairs made at Fern Ridge Dam as a dam safety project 

23 and costs shall be recovered in accordance with Section 

24 1203 of the Water Resources Development Act of 1986: Pro25 vided, That costs assigned to irrigation will be recovered 
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1 by the Secretary of the Interior in accordance with Public 

2 Law 98–404. 

3 SEC. 125. The Chief of Engineers is directed to fully 

4 utilize the Federal dredging fleet in support of all Army 

5 Corps of Engineers missions and no restrictions shall be 

6 placed on the use or maintenance of any dredge in the Fed7 eral Fleet. 

8 SEC. 126. The Chief of Engineers is directed to main9 tain the Federal dredging fleet to technologically modern 

10 and efficient standards. 

11 SEC. 127. LAKE CHAMPLAIN CANAL DISPERSAL BAR12 RIER, VERMONT AND NEW YORK. The Chief of Engineers 

13 shall determine, at full Federal expense, the feasibility of 

14 a dispersal barrier project at the Lake Champlain Canal: 

15 Provided, That if the Chief determines that the project is 

16 feasible, the Chief shall construct, maintain, and operate 

17 a dispersal barrier at the Lake Champlain Canal at full 

18 Federal expense.

19 TITLE II—DEPARTMENT OF THE INTERIOR 

20 CENTRAL UTAH PROJECT

21 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

22 For carrying out activities authorized by the Central 

23 Utah Project Completion Act, $32,614,000, to remain avail24 able until expended, of which $946,000 shall be deposited 

25 into the Utah Reclamation Mitigation and Conservation 
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1 Account for use by the Utah Reclamation Mitigation and 

2 Conservation Commission. 

3 In addition, for necessary expenses incurred in car4 rying out related responsibilities of the Secretary of the In5 terior, $1,736,000, to remain available until expended. 

6 BUREAU OF RECLAMATION

7 The following appropriations shall be expended to exe8 cute authorized functions of the Bureau of Reclamation: 

9 WATER AND RELATED RESOURCES

10 (INCLUDING TRANSFER OF FUNDS)

11 For management, development, and restoration of 

12 water and related natural resources and for related activi13 ties, including the operation, maintenance, and rehabilita14 tion of reclamation and other facilities, participation in 

15 fulfilling related Federal responsibilities to Native Ameri16 cans, and related grants to, and cooperative and other 

17 agreements with, State and local governments, Indian 

18 tribes, and others, $899,569,000, to remain available until 

19 expended, of which $63,544,000 shall be available for trans20 fer to the Upper Colorado River Basin Fund and 

21 $21,998,000 shall be available for transfer to the Lower Col22 orado River Basin Development Fund; of which such 

23 amounts as may be necessary may be advanced to the Colo24 rado River Dam Fund; of which not more than $500,000 

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

26 the Youth Conservation Corps, as authorized by 16 U.S.C. 
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1 1706: Provided further, That such transfers may be in2 creased or decreased within the overall appropriation under 

3 this heading: Provided further, That of the total appro4 priated, the amount for program activities that can be fi5 nanced by the Reclamation Fund or the Bureau of Rec6 lamation special fee account established by 16 U.S.C. 460l–

7 6a(i) shall be derived from that Fund or account: Provided 

8 further, That funds contributed under 43 U.S.C. 395 are 

9 available until expended for the purposes for which contrib10 uted: Provided further, That $500,000 is provided to the 

11 Bureau of Reclamation to advance the Snyderville Basin 

12 Water Supply Study Special Report to a Feasibility Level 

13 Study and NEPA compliance for the purpose of providing 

14 water to Park City and the Snyderville Basin, Utah, as 

15 a component of the Weber Basin Project: Provided further, 

16 That funds advanced under 43 U.S.C. 397a shall be credited 

17 to this account and are available until expended for the 

18 same purposes as the sums appropriated under this head19 ing: Provided further, That funds available for expenditure 

20 for the Departmental Irrigation Drainage Program may be 

21 expended by the Bureau of Reclamation for site remediation 

22 on a non-reimbursable basis. 

23 CENTRAL VALLEY PROJECT RESTORATION FUND

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

25 habitat restoration, improvement, and acquisition provi26 sions of the Central Valley Project Improvement Act, 
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1 $52,219,000, to be derived from such sums as may be col2 lected in the Central Valley Project Restoration Fund pur3 suant to sections 3407(d), 3404(c)(3), 3405(f), and 

4 3406(c)(1) of Public Law 102–575, to remain available 

5 until expended: Provided, That the Bureau of Reclamation 

6 is directed to assess and collect the full amount of the addi7 tional mitigation and restoration payments authorized by 

8 section 3407(d) of Public Law 102–575: Provided further, 

9 That none of the funds made available under this heading 

10 may be used for the acquisition or leasing of water for in11 stream purposes if the water is already committed to in12 stream purposes by a court adopted decree or order. 

13 CALIFORNIA BAY-DELTA RESTORATION

14 (INCLUDING TRANSFER OF FUNDS)

15 For carrying out activities authorized by the Calfed 

16 Bay Delta Authorization Act, consistent with plans to be 

17 approved by the Secretary of the Interior, $37,000,000, to 

18 remain available until expended, of which such amounts as 

19 may be necessary to carry out such activities may be trans20 ferred to appropriate accounts of other participating Fed21 eral agencies to carry out authorized purposes: Provided, 

22 That funds appropriated herein may be used for the Federal 

23 share of the costs of CALFED Program management: Pro24 vided further, That the use of any funds provided to the 

25 California Bay-Delta Authority for program-wide manage26 ment and oversight activities shall be subject to the approval 
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1 of the Secretary of the Interior: Provided further, That 

2 CALFED implementation shall be carried out in a bal3 anced manner with clear performance measures dem4 onstrating concurrent progress in achieving the goals and 

5 objectives of the Program. 

6 POLICY AND ADMINISTRATION

7 For necessary expenses of policy, administration, and 

8 related functions in the office of the Commissioner, the Den9 ver office, and offices in the five regions of the Bureau of 

10 Reclamation, to remain available until expended, 

11 $57,917,000, to be derived from the Reclamation Fund and 

12 be nonreimbursable as provided in 43 U.S.C. 377: Provided, 

13 That no part of any other appropriation in this Act shall 

14 be available for activities or functions budgeted as policy 

15 and administration expenses. 

16 ADMINISTRATIVE PROVISION

17 Appropriations for the Bureau of Reclamation shall 

18 be available for purchase of not to exceed 14 passenger 

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

20 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

21 SEC. 201. (a) None of the funds appropriated or other22 wise made available by this Act may be used to determine 

23 the final point of discharge for the interceptor drain for 

24 the San Luis Unit until development by the Secretary of 

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

26 shall conform to the water quality standards of the State 
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1 of California as approved by the Administrator of the Envi2 ronmental Protection Agency, to minimize any detrimental 

3 effect of the San Luis drainage waters. 

4 (b) The costs of the Kesterson Reservoir Cleanup Pro5 gram and the costs of the San Joaquin Valley Drainage 

6 Program shall be classified by the Secretary of the Interior 

7 as reimbursable or nonreimbursable and collected until fully 

8 repaid pursuant to the ‘‘Cleanup Program-Alternative Re9 payment Plan’’ and the ‘‘SJVDP-Alternative Repayment 

10 Plan’’ described in the report entitled ‘‘Repayment Report, 

11 Kesterson Reservoir Cleanup Program and San Joaquin 

12 Valley Drainage Program, February 1995’’, prepared by 

13 the Department of the Interior, Bureau of Reclamation. 

14 Any future obligations of funds by the United States relat15 ing to, or providing for, drainage service or drainage stud16 ies for the San Luis Unit shall be fully reimbursable by 

17 San Luis Unit beneficiaries of such service or studies pur18 suant to Federal reclamation law. 

19 SEC. 202. None of the funds appropriated or otherwise 

20 made available by this or any other Act may be used to 

21 pay the salaries and expenses of personnel to purchase or 

22 lease water in the Middle Rio Grande or the Carlsbad 

23 Projects in New Mexico unless said purchase or lease is in 

24 compliance with the purchase requirements of section 202 

25 of Public Law 106–60. 
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1 SEC. 203. Funds under this title for Drought Emer2 gency Assistance shall be made available primarily for leas3 ing of water for specified drought related purposes from 

4 willing lessors, in compliance with existing State laws and 

5 administered under State water priority allocation. Such 

6 leases may be entered into with an option to purchase: Pro7 vided, That such purchase is approved by the State in 

8 which the purchase takes place and the purchase does not 

9 cause economic harm within the State in which the pur10 chase is made. 

11 SEC. 204. The Secretary of the Interior, acting through 

12 the Commissioner of the Bureau of Reclamation, hereafter 

13 is authorized to enter into grants, cooperative agreements, 

14 and other agreements with irrigation or water districts and 

15 States to fund up to 50 percent of the cost of planning, 

16 designing, and constructing improvements that will con17 serve water, increase water use efficiency, or enhance water 

18 management through measurement or automation, at exist19 ing water supply projects within the States identified in 

20 the Act of June 17, 1902, as amended, and supplemented: 

21 Provided, That when such improvements are to federally 

22 owned facilities, such funds may be provided in advance 

23 on a non-reimbursable basis to an entity operating affected 

24 transferred works or may be deemed non-reimbursable for 

25 non-transferred works: Provided further, That the calcula-
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1 tion of the non-Federal contribution shall provide for con2 sideration of the value of any in-kind contributions, but 

3 shall not include funds received from other Federal agencies: 

4 Provided further, That the cost of operating and maintain5 ing such improvements shall be the responsibility of the 

6 non-Federal entity: Provided further, That this section shall 

7 not supercede any existing project-specific funding author8 ity: Provided further, That the Secretary is also hereafter 

9 authorized to enter into grants or cooperative agreements 

10 with universities or non-profit research institutions to fund 

11 water use efficiency research. 

12 SEC. 205. RIO GRANDE COLLABORATIVE WATER OP13 ERATIONS TEAM. The Secretary of the Interior, acting 

14 through the Commissioner of the Bureau of Reclamation, 

15 and the Secretary of the Army, acting through the Army 

16 Corps of Engineers, shall jointly lead and may enter into 

17 agreements with other Federal, State, and non-Federal enti18 ties with water rights in the Rio Grande Basin to form 

19 a Collaborative Water Operations Team in order to cooper20 ate on water management and riparian actions in order 

21 to optimize the supply of water throughout the basin and 

22 meet other Federal obligations. The Rio Grande Collabo23 rative Water Operations Team shall undertake to develop 

24 a master plan for the Rio Grande River and its tributaries 

25 within the State of New Mexico that integrates all Federal 
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1 actions and where possible considers all non-Federal actions 

2 for water management including improvement of agri3 culture efficiency, environmental restoration and manage4 ment, ecological improvements and management, scientific 

5 investigations, flood control, recreation development and 

6 similar water and land management efforts. 

7 SEC. 206. WATER DESALINATION ACT. Section 8 of 

8 Public Law 104–298 (The Water Desalination Act of 1996) 

9 (110 Stat. 3624) as amended by section 210 of Public Law 

10 108–7 (117 Stat. 146) and by section 6015 of Public Law 

11 109–13 is amended by—

12 (1) in paragraph (a) by striking ‘‘2005’’ and in13 serting in lieu thereof ‘‘2010’’; and 

14 (2) in paragraph (b) by striking ‘‘2005’’ and in15 serting in lieu thereof ‘‘2010’’. 

16 SEC. 207. Section 17(b) of the Colorado Ute Indian 

17 Water Rights Settlement Act of 1988 as amended (Public 

18 Law 100–585, 102 Stat. 2973; Public Law 106–554, 114 

19 Stat. 2763A–266) is amended by striking ‘‘within 7 years’’ 

20 and all that follows through ‘‘following the date of enact21 ment of this section’’ and inserting ‘‘for each of fiscal years 

22 2006 through 2012’’. 

23 SEC. 208. (a) Notwithstanding section 217(a)(3) of the 

24 Energy and Water Development Appropriations Act, 2004 

25 (Public Law 108–137; 117 Stat. 1853), and in accordance 
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1 with section 804(f) of title VIII of the Clark County Con2 servation of Public Land and Natural Resources Act of 

3 2002 (Public Law 107–282; 116 Stat. 2016), the State of 

4 Nevada shall not be responsible for any of the payments 

5 described in section 804(b)–(e) of title VIII of Public Law 

6 107–282 associated with the conveyance of the Humboldt 

7 Project. The State of Nevada shall be subject to the reconvey8 ance provisions contained in the last sentence of section 

9 804(f). 

10 (b)(1) Using amounts made available under section 

11 2507 of the Farm and Security Rural Investment Act of 

12 2002 (Public Law 107–171, Title II, Subtitle F; 116 Stat. 

13 275), the Secretary of the Interior, acting through the Com14 missioner of Reclamation, may expend up to $1,000,000 to 

15 cover both the Secretary’s share and the State of Nevada’s 

16 share of the following costs provided by section 804(c)–(e) 

17 of Public Law 107–282 incurred by the conveyance of the 

18 State of Nevada’s share of the Humboldt Project: 

19 (A) administrative costs; 

20 (B) real estate transfer costs; and 

21 (C) the costs associated with complying with—

22 (i) the National Environmental Policy Act 

23 of 1969 (42 U.S.C. 4321 et seq.); and 

24 (ii) the National Historic Preservation Act 

25 (16 U.S.C. 470 et seq.). 
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1 (2) The amounts appropriated by this section shall be 

2 in addition to the $270,000 appropriated by section 

3 217(a)(3) of Public Law 108–137. 

4 SEC. 209. (a)(1) Using amounts made available under 

5 section 2507 of the Farm and Security Rural Investment 

6 Act of 2002 (43 U.S.C. 2211 note; Public Law 107–171), 

7 the Secretary shall provide not more than $70,000,000 to 

8 the University of Nevada—

9 (A) to acquire from willing sellers land, water 

10 appurtenant to the land, and related interests in the 

11 Walker River Basin, Nevada; and 

12 (B) to establish and administer an agricultural 

13 and natural resources center, the mission of which 

14 shall be to undertake research, restoration, and edu15 cational activities in the Walker River Basin relating 

16 to—

17 (i) innovative agricultural water conserva18 tion; 

19 (ii) cooperative programs for environmental 

20 restoration; 

21 (iii) fish and wildlife habitat restoration; 

22 and 

23 (iv) wild horse and burro research and 

24 adoption marketing. 
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1 (2) In acquiring interests under paragraph (1)(A), the 

2 University of Nevada shall make acquisitions that the Uni3 versity determines are the most beneficial to—

4 (A) the establishment and operation of the agri5 cultural and natural resources research center author6 ized under paragraph (1)(B); and 

7 (B) environmental restoration in the Walker 

8 River Basin. 

9 (b)(1) Using amounts made available under section 

10 2507 of the Farm and Security Rural Investment Act of 

11 2002 (43 U.S.C. 2211 note; Public Law 107–171), the Sec12 retary shall provide not more than $10,000,000 for a water 

13 lease and purchase program for the Walker River Paiute 

14 Tribe. 

15 (2) Water acquired under paragraph (1) shall be—

16 (A) acquired only from willing sellers; 

17 (B) designed to maximize water conveyances to 

18 Walker Lake; and 

19 (C) located only within the Walker River Paiute 

20 Indian Reservation. 

21 (c) Using amounts made available under section 2507 

22 of the Farm and Security Rural Investment Act of 2002 

23 (43 U.S.C. 2211 note; Public Law 107–171), the Secretary, 

24 acting through the Commissioner of Reclamation, shall pro25 vide—
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1 (1) $10,000,000 for tamarisk eradication, ripar2 ian area restoration, and channel restoration efforts 

3 within the Walker River Basin that are designed to 

4 enhance water delivery to Walker Lake, with priority 

5 given to activities that are expected to result in the 

6 greatest increased water flows to Walker Lake; and 

7 (2) $5,000,000 to the United States Fish and 

8 Wildlife Service, the Walker River Paiute Tribe, and 

9 the Nevada Division of Wildlife to undertake activi10 ties, to be coordinated by the Director of the United 

11 States Fish and Wildlife Service, to complete the de12 sign and implementation of the Western Inland Trout 

13 Initiative and Fishery Improvements in the State of 

14 Nevada with an emphasis on the Walker River Basin. 

15 SEC. 210. NORMAN, OKLAHOMA. (a) AUTHORIZATION

16 TO CONDUCT FEASIBILITY STUDY.— 

17 (1) FEASIBILITY STUDY.—In accordance with 

18 Federal reclamation law, the Secretary of the Interior 

19 (referred to as ‘‘Secretary’’), acting through the Bu20 reau of Reclamation and in consultation with the 

21 State of Oklahoma, Central Oklahoma Master Conser22 vancy District (referred to as ‘‘District’’), and other 

23 interested local entities, is authorized to conduct a 

24 study to determine the feasibility of: 
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1 (A) implementing water augmentation al2 ternatives that would provide additional water 

3 to meet the future needs of the District’s member 

4 cities and surrounding area; 

5 (B) making use of existing Norman Project 

6 infrastructure to store, regulate and deliver 

7 water to meet current and future water demands; 

8 and 

9 (C) increasing the capacity of existing Nor10 man Project infrastructure in order to meet the 

11 projected demands. 

12 (2) COST SHARING.—The Federal share of the 

13 cost of the study authorized in this Act shall not ex14 ceed 50 percent of the total cost of the study, and shall 

15 be non-reimbursable. 

16 (3) COOPERATIVE AGREEMENTS.—The Secretary 

17 is authorized to enter into cooperative agreements 

18 with the State of Oklahoma and other appropriate en19 tities to complete the feasibility study authorized in 

20 this Act. 

21 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to the Secretary such sums 

23 as are necessary to carry out the Federal share under sub24 section (a). 
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1 SEC. 211. Section 207 of Division C of Public Law 

2 108–447 is amended by inserting ‘‘, and any effects of infla3 tion thereon,’’ after the word ‘‘increase’’.

4 TITLE III—DEPARTMENT OF ENERGY 

5 ENERGY PROGRAMS 

6 ENERGY SUPPLY AND CONSERVATION

7 For Department of Energy expenses including the pur8 chase, construction, and acquisition of plant and capital 

9 equipment, and other expenses necessary for energy supply 

10 and energy conservation activities in carrying out the pur11 poses of the Department of Energy Organization Act (42 

12 U.S.C. 7101 et seq.), including the acquisition or con13 demnation of any real property or any facility or for plant 

14 or facility acquisition, construction, or expansion, 

15 $1,945,330,000, to remain available until expended. 

16 CLEAN COAL TECHNOLOGY

17 (DEFERRAL)

18 Of the funds made available under this heading for 

19 obligation in prior years, $257,000,000 shall not be avail20 able until October 1, 2006: Provided, That funds made 

21 available in previous appropriations Acts shall be made 

22 available for any ongoing project regardless of the separate 

23 request for proposal under which the project was selected. 
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1 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

2 For necessary expenses in carrying out fossil energy 

3 research and development activities, under the authority of 

4 the Department of Energy Organization Act (Public Law 

5 95–91), including the acquisition of interest, including de6 feasible and equitable interests in any real property or any 

7 facility or for plant or facility acquisition or expansion, 

8 the hire of passenger motor vehicles, the hire, maintenance, 

9 and operation of aircraft, the purchase, repair, and clean10 ing of uniforms, the reimbursement to the General Services 

11 Administration for security guard services, and for con12 ducting inquiries, technological investigations and research 

13 concerning the extraction, processing, use, and disposal of 

14 mineral substances without objectionable social and envi15 ronmental costs (30 U.S.C. 3, 1602, and 1603), 

16 $641,646,000, to remain available until expended, of which 

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

18 with the private sector for FutureGen, without regard to 

19 the terms and conditions applicable to clean coal techno20 logical projects: Provided, That the initial planning and 

21 research stages of the FutureGen project shall include a 

22 matching requirement from non-Federal sources of at least 

23 20 percent of the costs: Provided further, That any dem24 onstration component of such project shall require a match25 ing requirement from non-Federal sources of at least 50 per-
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1 cent of the costs of the component: Provided further, That 

2 of the amounts provided, $100,000,000 is available, after 

3 coordination with the private sector, for a request for pro4 posals for a Clean Coal Power Initiative providing for com5 petitively-awarded research, development, and demonstra6 tion projects to reduce the barriers to continued and ex7 panded coal use: Provided further, That no project may be 

8 selected for which sufficient funding is not available to pro9 vide for the total project: Provided further, That funds shall 

10 be expended in accordance with the provisions governing 

11 the use of funds contained under the heading ‘‘Clean Coal 

12 Technology’’ in 42 U.S.C. 5903d as well as those contained 

13 under the heading ‘‘Clean Coal Technology’’ in prior appro14 priations: Provided further, That the Department may in15 clude provisions for repayment of Government contributions 

16 to individual projects in an amount up to the Government 

17 contribution to the project on terms and conditions that are 

18 acceptable to the Department including repayments from 

19 sale and licensing of technologies from both domestic and 

20 foreign transactions: Provided further, That such repay21 ments shall be retained by the Department for future coal22 related research, development and demonstration projects: 

23 Provided further, That any technology selected under this 

24 program shall be considered a Clean Coal Technology, and 

25 any project selected under this program shall be considered 
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1 a Clean Coal Technology Project, for the purposes of 42 

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

3 the Code of Federal Regulations: Provided further, That no 

4 part of the sum herein made available shall be used for the 

5 field testing of nuclear explosives in the recovery of oil and 

6 gas: Provided further, That up to 4 percent of program di7 rection funds available to the National Energy Technology 

8 Laboratory may be used to support Department of Energy 

9 activities not included in this account: Provided further, 

10 That salaries for Federal employees performing research 

11 and development activities at the National Energy Tech12 nology Laboratory can continue to be funded from program 

13 accounts: Provided further, That the Secretary of Energy 

14 is authorized to accept fees and contributions from public 

15 and private sources, to be deposited in a contributed funds 

16 account, and prosecute projects using such fees and con17 tributions in cooperation with other Federal, State, or pri18 vate agencies or concerns: Provided further, That revenues 

19 and other moneys received by or for the account of the De20 partment of Energy or otherwise generated by sale of prod21 ucts in connection with projects of the Department appro22 priated under the Fossil Energy Research and Development 

23 account may be retained by the Secretary of Energy, to be 

24 available until expended, and used only for plant construc25 tion, operation, costs, and payments to cost-sharing entities 
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1 as provided in appropriate cost-sharing contracts or agree2 ments. 

3 NAVAL PETROLEUM AND OIL SHALE RESERVES

4 For expenses necessary to carry out naval petroleum 

5 and oil shale reserve activities, including the hire of pas6 senger motor vehicles, $21,500,000, to remain available 

7 until expended: Provided, That, notwithstanding any other 

8 provision of law, unobligated funds remaining from prior 

9 years shall be available for all naval petroleum and oil shale 

10 reserve activities. 

11 ELK HILLS SCHOOL LANDS FUND

12 For necessary expenses in fulfilling installment pay13 ments under the Settlement Agreement entered into by the 

14 United States and the State of California on October 11, 

15 1996, as authorized by section 3415 of Public Law 104–

16 106, $48,000,000, for payment to the State of California 

17 for the State Teachers’ Retirement Fund, of which 

18 $36,000,000 will be derived from the Elk Hills School 

19 Lands Fund. 

20 STRATEGIC PETROLEUM RESERVE

21 For necessary expenses for Strategic Petroleum Reserve 

22 facility development and operations and program manage23 ment activities pursuant to the Energy Policy and Con24 servation Act of 1975, as amended (42 U.S.C. 6201 et seq.), 

25 including the hire of passenger motor vehicles, the hire, 
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1 maintenance, and operation of aircraft, the purchase, re2 pair, and cleaning of uniforms, the reimbursement to the 

3 General Services Administration for security guard serv4 ices, $166,000,000, to remain available until expended. 

5 ENERGY INFORMATION ADMINISTRATION

6 For necessary expenses in carrying out the activities 

7 of the Energy Information Administration, $85,926,000, to 

8 remain available until expended. 

9 NON-DEFENSE ENVIRONMENTAL CLEANUP

10 For Department of Energy expenses, including the 

11 purchase, construction, and acquisition of plant and cap12 ital equipment and other expenses necessary for non-defense 

13 environmental cleanup activities in carrying out the pur14 poses of the Department of Energy Organization Act (42 

15 U.S.C. 7101 et seq.), including the acquisition or con16 demnation of any real property or any facility or for plant 

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

18 purchase of not to exceed six passenger motor vehicles, of 

19 which five shall be for replacement only, $353,219,000, to 

20 remain available until expended. 

21 URANIUM ENRICHMENT DECONTAMINATION AND

22 DECOMMISSIONING FUND

23 For necessary expenses in carrying out uranium en24 richment facility decontamination and decommissioning, 

25 remedial actions, and other activities of title II of the Atom-
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HR 2419 RS 

1 ic Energy Act of 1954, as amended, and title X, subtitle 

2 A, of the Energy Policy Act of 1992, $561,498,000, to be 

3 derived from the Fund, to remain available until expended, 

4 of which $0 shall be available in accordance with title X, 

5 subtitle A, of the Energy Policy Act of 1992. 

6 SCIENCE

7 For Department of Energy expenses including the pur8 chase, construction and acquisition of plant and capital 

9 equipment, and other expenses necessary for science activi10 ties in carrying out the purposes of the Department of En11 ergy Organization Act (42 U.S.C. 7101 et seq.), including 

12 the acquisition or condemnation of any real property or 

13 facility or for plant or facility acquisition, construction, or 

14 expansion, and purchase of not to exceed forty-seven pas15 senger motor vehicles for replacement only, including not 

16 to exceed one ambulance and two buses, $3,702,718,000, to 

17 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 acqui22 sition of real property or facility construction or expansion, 

23 $300,000,000, to remain available until expended and to 

24 be derived from the Nuclear Waste Fund: Provided, That 

25 of the funds made available in this Act for Nuclear Waste 
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HR 2419 RS 

1 Disposal, $3,500,000 shall be provided to the State of Ne2 vada solely for expenditures, other than salaries and ex3 penses of State employees, to conduct scientific oversight re4 sponsibilities and participate in licensing activities pursu5 ant to the Act: Provided further, That notwithstanding the 

6 lack of a written agreement with the State of Nevada under 

7 section 117(c) of the Nuclear Waste Policy Act of 1982, Pub8 lic Law 97–425, as amended, not less than $500,000 shall 

9 be provided to Nye County, Nevada, for on-site oversight 

10 activities under section 117(d) of that Act: Provided further, 

11 That $8,500,000 shall be provided to affected units of local 

12 governments, as defined in the Act, to conduct appropriate 

13 activities and participate in licensing activities: Provided 

14 further, That the distribution of the funds as determined 

15 by the units of local government shall be approved by the 

16 Department of Energy: Provided further, That the funds for 

17 the State of Nevada shall be made available solely to the 

18 Nevada Division of Emergency Management by direct pay19 ment and units of local government by direct payment: Pro20 vided further, That within 90 days of the completion of each 

21 Federal fiscal year, the Nevada Division of Emergency 

22 Management and the Governor of the State of Nevada and 

23 each local entity shall provide certification to the Depart24 ment of Energy that all funds expended from such payments 

25 have been expended for activities authorized by the Act and 
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1 this Act: Provided further, That failure to provide such cer2 tification shall cause such entity to be prohibited from any 

3 further funding provided for similar activities: Provided 

4 further, That none of the funds herein appropriated may 

5 be: (1) used directly or indirectly to influence legislative 

6 action on any matter pending before Congress or a State 

7 legislature or for lobbying activity as provided in 18 U.S.C. 

8 1913; (2) used for litigation expenses; or (3) used to support 

9 multi-State efforts or other coalition building activities in10 consistent with the restrictions contained in this Act: Pro11 vided further, That all proceeds and recoveries realized by 

12 the Secretary in carrying out activities authorized by the 

13 Act, including but not limited to, any proceeds from the 

14 sale of assets, shall be available without further appropria15 tion and shall remain available until expended. 

16 DEPARTMENTAL ADMINISTRATION

17 (INCLUDING TRANSFER OF FUNDS)

18 For salaries and expenses of the Department of Energy 

19 necessary for departmental administration in carrying out 

20 the purposes of the Department of Energy Organization Act 

21 (42 U.S.C. 7101 et seq.), including the hire of passenger 

22 motor vehicles and official reception and representation ex23 penses not to exceed $35,000, $280,976,000, to remain 

24 available until expended, plus such additional amounts as 

25 necessary to cover increases in the estimated amount of cost 
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1 of work for others notwithstanding the provisions of the 

2 Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, 

3 That such increases in cost of work are offset by revenue 

4 increases of the same or greater amount, to remain avail5 able until expended: Provided further, That moneys received 

6 by the Department for miscellaneous revenues estimated to 

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

8 used for operating expenses within this account, and may 

9 remain available until expended, as authorized by section 

10 201 of Public Law 95–238, notwithstanding the provisions 

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

12 appropriated shall be reduced by the amount of miscella13 neous revenues received during fiscal year 2006, and any 

14 related unappropriated receipt account balances remaining 

15 from prior years’ miscellaneous revenues, so as to result in 

16 a final fiscal year 2006 appropriation from the general 

17 fund estimated at not more than $157,976,000. 

18 OFFICE OF THE INSPECTOR GENERAL

19 For necessary expenses of the Office of the Inspector 

20 General in carrying out the provisions of the Inspector Gen21 eral Act of 1978, as amended, $43,000,000, to remain avail22 able until expended. 
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1 ATOMIC ENERGY DEFENSE ACTIVITIES 

2 NATIONAL NUCLEAR SECURITY ADMINISTRATION

3 WEAPONS ACTIVITIES

4 (INCLUDING TRANSFER OF FUNDS)

5 For Department of Energy expenses, including the 

6 purchase, construction, and acquisition of plant and cap7 ital equipment and other incidental expenses necessary for 

8 atomic energy defense weapons activities in carrying out 

9 the purposes of the Department of Energy Organization Act 

10 (42 U.S.C. 7101 et seq.), including the acquisition or con11 demnation of any real property or any facility or for plant 

12 or facility acquisition, construction, or expansion; and the 

13 purchase of not to exceed 40 passenger motor vehicles, for 

14 replacement only, including not to exceed two buses; 

15 $6,554,024,000, to remain available until expended: Pro16 vided, That the $65,564,000 is authorized to be appro17 priated for Project 01–D–108, Microsystems and Engineer18 ing Sciences Applications (MESA), Sandia National Lab19 oratories, Albuquerque, New Mexico: Provided further, That 

20 $65,000,000 is authorized to be appropriated for Project 

21 04–D–125, Chemistry and Metallurgy Research Building 

22 Replacement project, Los Alamos Laboratory, Los Alamos, 

23 New Mexico. 
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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 ac6 tivities, in carrying out the purposes of the Department of 

7 Energy Organization Act (42 U.S.C. 7101 et seq.), includ8 ing the acquisition or condemnation of any real property 

9 or any facility or for plant or facility acquisition, construc10 tion, or expansion, $1,729,066,000, to remain available 

11 until expended. 

12 NAVAL REACTORS

13 For Department of Energy expenses necessary for 

14 naval reactors activities to carry out the Department of En15 ergy Organization Act (42 U.S.C. 7101 et seq.), including 

16 the acquisition (by purchase, condemnation, construction, 

17 or otherwise) of real property, plant, and capital equip18 ment, facilities, and facility expansion, $799,500,000, to re19 main 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, in23 cluding official reception and representation expenses not 

24 to exceed $12,000, $343,869,000, to remain available until 

25 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 en7 ergy defense environmental cleanup activities in carrying 

8 out the purposes of the Department of Energy Organization 

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

10 condemnation of any real property or any facility or for 

11 plant or facility acquisition, construction, or expansion, 

12 $6,366,771,000, 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 en17 ergy defense, other defense activities, and classified activi18 ties, in carrying out the purposes of the Department of En19 ergy Organization Act (42 U.S.C. 7101 et seq.), including 

20 the acquisition or condemnation of any real property or 

21 any facility or for plant or facility acquisition, construc22 tion, or expansion, and the purchase of not to exceed ten 

23 passenger motor vehicles for replacement only, including 

24 not to exceed two buses; $665,001,000, to remain available 

25 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 the 

4 acquisition of real property or facility construction or ex5 pansion, $277,000,000, to remain available until expended. 

6 POWER MARKETING ADMINISTRATIONS 

7 BONNEVILLE POWER ADMINISTRATION FUND

8 Expenditures from the Bonneville Power Administra9 tion Fund, established pursuant to Public Law 93–454, are 

10 approved for official reception and representation expenses 

11 in an amount not to exceed $1,500. During fiscal year 2006, 

12 no new direct loan obligations may be made. 

13 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

14 ADMINISTRATION

15 For necessary expenses of operation and maintenance 

16 of power transmission facilities and of electric power and 

17 energy, including transmission wheeling and ancillary 

18 services pursuant to section 5 of the Flood Control Act of 

19 1944 (16 U.S.C. 825s), as applied to the southeastern power 

20 area, $5,600,000, to remain available until expended: Pro21 vided, That, notwithstanding 31 U.S.C. 3302, up to 

22 $32,713,000 collected by the Southeastern Power Adminis23 tration pursuant to the Flood Control Act of 1944 to recover 

24 purchase power and wheeling expenses shall be credited to 

25 this account as offsetting collections, to remain available 
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1 until expended for the sole purpose of making purchase 

2 power and wheeling expenditures. 

3 OPERATION AND MAINTENANCE, SOUTHWESTERN POWER

4 ADMINISTRATION

5 For necessary expenses of operation and maintenance 

6 of power transmission facilities and of marketing electric 

7 power and energy, for construction and acquisition of 

8 transmission lines, substations and appurtenant facilities, 

9 and for administrative expenses, including official recep10 tion and representation expenses in an amount not to ex11 ceed $1,500 in carrying out section 5 of the Flood Control 

12 Act of 1944 (16 U.S.C. 825s), as applied to the southwestern 

13 power administration, $30,166,000, to remain available 

14 until expended: Provided, That, notwithstanding 31 U.S.C. 

15 3302, up to $3,000,000 collected by the Southwestern Power 

16 Administration pursuant to the Flood Control Act to re17 cover purchase power and wheeling expenses shall be cred18 ited to this account as offsetting collections, to remain avail19 able until expended for the sole purpose of making purchase 

20 power and wheeling expenditures. 

21 CONSTRUCTION, REHABILITATION, OPERATION AND

22 MAINTENANCE, WESTERN AREA POWER ADMINISTRATION

23 For carrying out the functions authorized by title III, 

24 section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 

25 7152), and other related activities including conservation 
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1 and renewable resources programs as authorized, including 

2 official reception and representation expenses in an amount 

3 not to exceed $1,500; $240,757,000, to remain available 

4 until expended, of which $236,596,000 shall be derived from 

5 the Department of the Interior Reclamation Fund: Pro6 vided, That notwithstanding the provision of 31 U.S.C. 

7 3302, up to $279,000,000 collected by the Western Area 

8 Power Administration pursuant to the Flood Control Act 

9 of 1944 and the Reclamation Project Act of 1939 to recover 

10 purchase power and wheeling expenses shall be credited to 

11 this account as offsetting collections, to remain available 

12 until expended for the sole purpose of making purchase 

13 power and wheeling expenditures. 

14 FALCON AND AMISTAD OPERATING AND MAINTENANCE

15 FUND

16 For operation, maintenance, and emergency costs for 

17 the hydroelectric facilities at the Falcon and Amistad 

18 Dams, $2,692,000, to remain available until expended, and 

19 to be derived from the Falcon and Amistad Operating and 

20 Maintenance Fund of the Western Area Power Administra21 tion, as provided in section 423 of the Foreign Relations 

22 Authorization Act, Fiscal Years 1994 and 1995. 
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1 FEDERAL ENERGY REGULATORY COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Energy Regu4 latory Commission to carry out the provisions of the De5 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

7 the hire of passenger motor vehicles, and official reception 

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

9 $220,400,000, to remain available until expended: Pro10 vided, That notwithstanding any other provision of law, not 

11 to exceed $220,400,000 of revenues from fees and annual 

12 charges, and other services and collections in fiscal year 

13 2006 shall be retained and used for necessary expenses in 

14 this account, and shall remain available until expended: 

15 Provided further, That the sum herein appropriated from 

16 the general fund shall be reduced as revenues are received 

17 during fiscal year 2006 so as to result in a final fiscal year 

18 2006 appropriation from the general fund estimated at not 

19 more than $0. 

20 GENERAL PROVISIONS, DEPARTMENT OF 

21 ENERGY 

22 SEC. 301. None of the funds appropriated by this Act 

23 may be used to—
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1 (1) develop or implement a workforce restruc2 turing plan that covers employees of the Department 

3 of Energy; or 

4 (2) provide enhanced severance payments or 

5 other benefits for employees of the Department of En6 ergy, under section 3161 of the National Defense Au7 thorization Act for Fiscal Year 1993 (Public Law 

8 102–484; 42 U.S.C. 7274h). 

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

10 may be used to augment the funds made available for obli11 gation by this Act for severance payments and other benefits 

12 and community assistance grants under section 3161 of the 

13 National Defense Authorization Act for Fiscal Year 1993 

14 (Public Law 102–484; 42 U.S.C. 7274h) unless the Depart15 ment of Energy submits a reprogramming request to the 

16 appropriate congressional committees. 

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

18 may be used to prepare or initiate Requests For Proposals 

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

20 by Congress. 

21 (TRANSFERS OF UNEXPENDED BALANCES)

22 SEC. 304. The unexpended balances of prior appro23 priations provided for activities in this Act may be trans24 ferred to appropriation accounts for such activities estab25 lished pursuant to this title. Balances so transferred may 

26 be merged with funds in the applicable established accounts 
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1 and thereafter may be accounted for as one fund for the 

2 same time period as originally enacted. 

3 SEC. 305. None of the funds in this or any other Act 

4 for the Administrator of the Bonneville Power Administra5 tion may be used to enter into any agreement to perform 

6 energy efficiency services outside the legally defined Bonne7 ville service territory, with the exception of services provided 

8 internationally, including services provided on a reimburs9 able basis, unless the Administrator certifies in advance 

10 that such services are not available from private sector busi11 nesses. 

12 SEC. 306. (a)(1) None of the funds in this or any other 

13 appropriations Act for fiscal year 2006 or any previous fis14 cal year may be used to make payments for a noncompeti15 tive management and operating contract unless the Sec16 retary of Energy has published in the Federal Register and 

17 submitted to the Committees on Appropriations of the 

18 House of Representatives and the Senate a written notifica19 tion, with respect to each such contract, of the Secretary’s 

20 decision to use competitive procedures for the award of the 

21 contract, or to not renew the contract, when the term of 

22 the contract expires. 

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

24 up to 2 years of a noncompetitive management and oper25 ating contract, if the extension is for purposes of allowing 
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1 time to award competitively a new contract, to provide con2 tinuity of service between contracts, or to complete a con3 tract that will not be renewed. 

4 (b) In this section: 

5 (1) The term ‘‘noncompetitive management and 

6 operating contract’’ means a contract that was 

7 awarded more than 50 years ago without competition 

8 for the management and operation of Ames Labora9 tory, Argonne National Laboratory, Lawrence Berke10 ley National Laboratory, Lawrence Livermore Na11 tional Laboratory, and Los Alamos National Labora12 tory. 

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

14 meaning provided in section 4 of the Office of Federal 

15 Procurement Policy Act (41 U.S.C. 403) and includes 

16 procedures described in section 303 of the Federal 

17 Property and Administrative Services Act of 1949 (41 

18 U.S.C. 253) other than a procedure that solicits a 

19 proposal from only one source. 

20 (c) For all management and operating contracts other 

21 than those listed in subsection (b)(1), none of the funds ap22 propriated by this Act may be used to award a management 

23 and operating contract, or award a significant extension 

24 or expansion to an existing management and operating 

25 contract, unless such contract is awarded using competitive 
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1 procedures or the Secretary of Energy grants, on a case2 by-case basis, a waiver to allow for such a deviation. The 

3 Secretary may not delegate the authority to grant such a 

4 waiver. At least 60 days before a contract award for which 

5 the Secretary intends to grant such a waiver, the Secretary 

6 shall submit to the Committees on Appropriations of the 

7 House of Representatives and the Senate a report notifying 

8 the Committees of the waiver and setting forth, in speci9 ficity, the substantive reasons why the Secretary believes the 

10 requirement for competition should be waived for this par11 ticular award. 

12 SEC. 307. When the Department of Energy makes a 

13 user facility available to universities or other potential 

14 users, or seeks input from universities or other potential 

15 users regarding significant characteristics or equipment in 

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

17 shall ensure broad public notice of such availability or such 

18 need for input to universities and other potential users. 

19 When the Department of Energy considers the participation 

20 of a university or other potential user as a formal partner 

21 in the establishment or operation of a user facility, the De22 partment shall employ full and open competition in select23 ing such a partner. For purposes of this section, the term 

24 ‘‘user facility’’ includes, but is not limited to: (1) a user 

25 facility as described in section 2203(a)(2) of the Energy 
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1 Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a National 

2 Nuclear Security Administration Defense Programs Tech3 nology Deployment Center/User Facility; and (3) any other 

4 Departmental facility designated by the Department as a 

5 user facility. 

6 SEC. 308. The Administrator of the National Nuclear 

7 Security Administration may authorize the manager of a 

8 covered nuclear weapons research, development, testing or 

9 production facility to engage in research, development, and 

10 demonstration activities with respect to the engineering and 

11 manufacturing capabilities at such facility in order to 

12 maintain and enhance such capabilities at such facility: 

13 Provided, That of the amount allocated to a covered nuclear 

14 weapons facility each fiscal year from amounts available 

15 to the Department of Energy for such fiscal year for na16 tional security programs, not more than an amount equal 

17 to 4 percent of such amount may be used for these activities: 

18 Provided further, That for purposes of this section, the term 

19 ‘‘covered nuclear weapons facility’’ means the following: 

20 (1) the Kansas City Plant, Kansas City, Mis21 souri; 

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

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

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

25 and 
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1 (5) the Nevada Test Site. 

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

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

4 for intelligence activities are deemed to be specifically au5 thorized by the Congress for purposes of section 504 of the 

6 National Security Act of 1947 (50 U.S.C. 414) during fiscal 

7 year 2006 until the enactment of the Intelligence Authoriza8 tion Act for fiscal year 2006. 

9 SEC. 310. None of the funds in this Act may be used 

10 to dispose of transuranic waste in the Waste Isolation Pilot 

11 Plant which contains concentrations of plutonium in excess 

12 of 20 percent by weight for the aggregate of any material 

13 category on the date of enactment of this Act, or is generated 

14 after such date. For the purpose of this section, the material 

15 categories of transuranic waste at the Rocky Flats Environ16 mental Technology Site include: (1) ash residues; (2) salt 

17 residue; (3) wet residues; (4) direct repackage residues; and 

18 (5) scrub alloy as referenced in the ‘‘Final Environmental 

19 Impact Statement on Management of Certain Plutonium 

20 Residues and Scrub Alloy Stored at the Rocky Flats Envi21 ronmental Technology Site’’. 

22 SEC. 311. ADVANCED SIMULATION COMPUTING. None 

23 of the funds appropriated by this Act for the National Nu24 clear Security Administration (NNSA) Advanced Simula25 tion and Computing program may be used to fund any 
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1 project that does not directly support the stockpile steward2 ship mission of NNSA unless the NNSA Administrator de3 termines that all Advanced Simulation and Computing 

4 stockpile stewardship responsibilities for fiscal year 2006 

5 have been satisfied. 

6 SEC. 312. RENO HYDROGEN FUEL PROJECT FUNDING. 

7 (a) The non-Federal share of project costs shall be 20 per8 cent. 

9 (b) The cost of project vehicles, related facilities, and 

10 other activities funded from the Federal Transit Adminis11 tration Sections 5307, 5308, 5309, and 5314 program, in12 cluding the non-Federal share for the FTA funds, is an eli13 gible component of the non-Federal share for this project. 

14 (c) Contribution of the non-Federal share of project 

15 costs for all grants made for this project may be deferred 

16 until the entire project is completed. 

17 (d) All operations and maintenance costs associated 

18 with vehicles, equipment, and facilities utilized for this 

19 project are eligible project costs. 

20 (e) This section applies to project appropriations be21 ginning in fiscal year 2004. 

22 SEC. 313. LABORATORY DIRECTED RESEARCH AND

23 DEVELOPMENT. Of the funds made available by the Depart24 ment of Energy for activities at government-owned, con25 tractor-operator operated laboratories funded in this Act or 
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1 subsequent Energy and Water Development Appropriations 

2 Acts, the Secretary may authorize a specific amount, not 

3 to exceed 8 percent of such funds, to be used by such labora4 tories for laboratory-directed research and development: 

5 Provided, That the Secretary may also authorize a specific 

6 amount not to exceed 4 percent of such funds, to be used 

7 by the plant manager of a covered nuclear weapons produc8 tion plant or the manager of the Nevada Site Office for 

9 plant or site-directed research and development. 

10 SEC. 314. LDRD ELIGIBILITY. Funds made available 

11 in Title III of this Act shall be available to pay expenses 

12 for all Lab Directed Research and Development (LDRD), 

13 Plant Directed Research and Development (PDRD) and 

14 Site Directed Research and Development (SDRD) project 

15 costs incurred by DOE Major Facility Operating Contrac16 tors. 

17 SEC. 315. LDRD COSTS. Funds made available in 

18 Title III of this Act shall be available to finance all direct 

19 and indirect costs of research performed on behalf of other 

20 Federal agencies, including laboratory directed research 

21 and development costs. 

22 SEC. 316. NNSA COMPLEX REVIEW IMPLEMENTATION. 

23 No funds provided in this Act shall be available to imple24 ment reforms identified in Secretary of Energy’s Advisory 

25 Board NNSA Nuclear Weapons Complex Infrastructure 
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1 Study that had not been requested within the fiscal year 

2 2006 budget request.

3 TITLE IV—INDEPENDENT AGENCIES 

4 APPALACHIAN REGIONAL COMMISSION

5 For expenses necessary to carry out the programs au6 thorized by the Appalachian Regional Development Act of 

7 1965, as amended, for necessary expenses for the Federal 

8 Co-Chairman and the alternate on the Appalachian Re9 gional Commission, for payment of the Federal share of the 

10 administrative expenses of the Commission, including serv11 ices as authorized by 5 U.S.C. 3109, and hire of passenger 

12 motor vehicles, $65,482,000, to remain available until ex13 pended. 

14 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

15 SALARIES AND EXPENSES

16 For necessary expenses of the Defense Nuclear Facili17 ties Safety Board in carrying out activities authorized by 

18 the Atomic Energy Act of 1954, as amended by Public Law 

19 100–456, section 1441, $22,032,000, to remain available 

20 until expended. 

21 DELTA REGIONAL AUTHORITY

22 SALARIES AND EXPENSES

23 For necessary expenses of the Delta Regional Authority 

24 and to carry out its activities, as authorized by the Delta 

25 Regional Authority Act of 2000, as amended, notwith-
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1 standing sections 382C(b)(2), 382F(d), and 382M(b) of said 

2 Act, $12,000,000, to remain available until expended. 

3 DENALI COMMISSION

4 For expenses of the Denali Commission including the 

5 purchase, construction and acquisition of plant and capital 

6 equipment as necessary and other expenses, $67,000,000 

7 nothwithstanding the limitations contained in section 

8 306(g) of the Denali Commission Act of 1998, $2,562,000, 

9 to remain available until expended: Provided, That of the 

10 amounts provided to the Denali Commission, $5,000,000 is 

11 for community showers and washeteria in villages with 

12 homes with no running water; $13,000,000 is for the Ju13 neau/Green’s Creek/Hoonah Intertie project; $3,000,000 for 

14 the Fire Island Transmission line; $1,000,000 for the 

15 Humpback Creek Hydroelectric project; $2,000,000 for the 

16 Falls Creek Hydroelectric project; $5,000,000 is for multi17 purpose community facilities including the Bering Straits 

18 Region, Dillingham, Moose Pass, Sterling, Funny River, 

19 Eclutna, and Anchor Point; $10,000,000 is for teacher hous20 ing in remote villages such as Savoogna, Allakakaet, 

21 Hughes, Huslia, Minto, Nulato, and Ruby where there is 

22 limited housing available for teachers; $7,000,000 is for fa23 cilities serving Native elders and senior citizens; and 

24 $5,000,000 is for: (1) the Rural Communications service to 

25 provide broadcast facilities in communities with no tele-
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1 vision or radio station; (2) the Public Broadcasting Digital 

2 Distribution Network to link rural broadcasting facilities 

3 together to improve economies of scale, share programming, 

4 and reduce operating costs; and (3) rural public broad5 casting facilities and equipment upgrades. 

6 NUCLEAR REGULATORY COMMISSION

7 SALARIES AND EXPENSES

8 For necessary expenses of the Commission in carrying 

9 out the purposes of the Energy Reorganization Act of 1974, 

10 as amended, and the Atomic Energy Act of 1954, as amend11 ed, including official representation expenses (not to exceed 

12 $15,000), purchase of promotional items for use in the re13 cruitment of individuals for employment, $734,376,000, to 

14 remain available until expended: Provided, That of the 

15 amount appropriated herein, $66,717,000 shall be derived 

16 from the Nuclear Waste Fund: Provided further, That reve17 nues from licensing fees, inspection services, and other serv18 ices and collections estimated at $598,643,000 in fiscal year 

19 2006 shall be retained and used for necessary salaries and 

20 expenses in this account, notwithstanding 31 U.S.C. 3302, 

21 and shall remain available until expended: Provided fur22 ther, That the sum herein appropriated shall be reduced by 

23 the amount of revenues received during fiscal year 2006 so 

24 as to result in a final fiscal year 2006 appropriation esti25 mated at not more than $135,733,000: Provided further, 
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1 That section 6101 of the Omnibus Budget Reconciliation 

2 Act of 1990 is amended by inserting before the period in 

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

4 OFFICE OF INSPECTOR GENERAL

5 For necessary expenses of the Office of Inspector Gen6 eral in carrying out the provisions of the Inspector General 

7 Act of 1978, as amended, $8,316,000, to remain available 

8 until expended: Provided, That revenues from licensing fees, 

9 inspection services, and other services and collections esti10 mated at $7,485,000 in fiscal year 2006 shall be retained 

11 and be available until expended, for necessary salaries and 

12 expenses in this account, notwithstanding 31 U.S.C. 3302: 

13 Provided further, That the sum herein appropriated shall 

14 be reduced by the amount of revenues received during fiscal 

15 year 2006 so as to result in a final fiscal year 2006 appro16 priation estimated at not more than $831,000. 

17 NUCLEAR WASTE TECHNICAL REVIEW BOARD

18 SALARIES AND EXPENSES

19 For necessary expenses of the Nuclear Waste Technical 

20 Review Board, as authorized by Public Law 100–203, sec21 tion 5051, $3,608,000, to be derived from the Nuclear Waste 

22 Fund, and to remain available until expended.

23 TITLE V—GENERAL PROVISION 

24 SEC. 501. None of the funds made available in this 

25 Act may be transferred to any department, agency, or in26 strumentality of the United States Government, except pur-
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1 suant to a transfer made by, or transfer authority provided 

2 in, this Act or any other appropriation Act. 

3 This Act may be cited as the ‘‘Energy and Water De4 velopment Appropriations Act, 2006’’.
Calendar No. 130

109TH CONGRESS 

1ST SESSION H.R. 2419

[Report No. 109–84] 

AN ACT

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

MAY 25, 2005

Received; read twice and referred to the Committee on 

J

Appropriations 

UNE 16, 2005

Reported with an amendment