```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2419 Reported in House (RH)]

                                                  Union Calendar No. 44
109th CONGRESS
  1st Session
                                H. R. 2419

                          [Report No. 109-86]

 Making appropriations for energy and water development for the fiscal 
        year ending September 30, 2006, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2005

    Mr. Hobson, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL

 
 Making appropriations for energy and water development for the fiscal 
        year ending September 30, 2006, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2006, for energy 
and water development and for other purposes, namely:

                                TITLE I

                       CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

    The following appropriations shall be expended under the direction 
of the Secretary of the Army and the supervision of the Chief of 
Engineers for authorized civil functions of the Department of the Army 
pertaining to rivers and harbors, flood and storm damage reduction, 
aquatic ecosystem restoration, and related purposes.

                         General Investigations

    For expenses necessary for the collection and study of basic 
information pertaining to river and harbor, flood and storm damage 
reduction, aquatic ecosystem restoration, and related projects, restudy 
of authorized projects, miscellaneous investigations, and, when 
authorized by law, surveys and detailed studies and plans and 
specifications of projects prior to construction, $100,000,000 to 
remain available until expended: Provided, That, except as provided in 
section 101 of this Act, the amounts made available under this 
paragraph shall be expended in accordance with the terms and conditions 
specified in the report accompanying this Act.

                              Construction

    For expenses necessary for the construction of river and harbor, 
flood and storm damage reduction, aquatic ecosystem restoration, and 
related projects authorized by law; for conducting detailed studies, 
and plans and specifications, of such projects (including those 
involving participation by States, local governments, or private 
groups) authorized or made eligible for selection by law (but such 
detailed studies, and plans and specifications, shall not constitute a 
commitment of the Government to construction); and for the benefit of 
federally listed species to address the effects of civil works projects 
owned or operated by the United States Army Corps of Engineers, 
$1,763,000,000, to remain available until expended; of which such sums 
as are necessary to cover the Federal share of construction costs for 
facilities under the Dredged Material Disposal Facilities program shall 
be derived from the Harbor Maintenance Trust Fund as authorized by 
Public Law 104-303; and of which $182,668,000, pursuant to Public Law 
99-662, shall be derived from the Inland Waterways Trust Fund, to cover 
one-half of the costs of construction and rehabilitation of inland 
waterways projects; and of which $4,000,000 shall be exclusively for 
projects and activities authorized under section 107 of the River and 
Harbor Act of 1960; and of which $500,000 shall be exclusively for 
projects and activities authorized under section 111 of the River and 
Harbor Act of 1968; and of which $1,000,000 shall be exclusively for 
projects and activities authorized under section 103 of the River and 
Harbor Act of 1962; and of which $25,000,000 shall be exclusively 
available for projects and activities authorized under section 205 of 
the Flood Control Act of 1948; and of which $8,000,000 shall be 
exclusively for projects and activities authorized under section 14 of 
the Flood Control Act of 1946; and of which $400,000 shall be 
exclusively for projects and activities authorized under section 208 of 
the Flood Control Act of 1954; and of which $17,400,000 shall be 
exclusively for projects and activities authorized under section 1135 
of the Water Resources Development Act of 1986; and of which 
$18,000,000 shall be exclusively for projects and activities authorized 
under section 206 of the Water Resources Act of 1996; and of which 
$4,000,000 shall be exclusively for projects and activities authorized 
under section 204 of the Water Resources Act of 1992: Provided, That, 
except as provided in section 101 of this Act, the amounts made 
available under this paragraph shall be expended in accordance with the 
terms and conditions specified in the report accompanying this Act.
    In addition, $137,000,000 shall be available for projects and 
activities authorized under 16 U.S.C. 410-r-8 and section 601 of Public 
Law 106-541.

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

    For expenses necessary for the flood damage reduction program for 
the Mississippi River alluvial valley below Cape Girardeau, Missouri, 
as authorized by law, $290,000,000 to remain available until expended, 
of which such sums as are necessary to cover the Federal share of 
operation and maintenance costs for inland harbors shall be derived 
from the Harbor Maintenance Trust Fund: Provided, That, except as 
provided in section 101 of this Act, amounts made available under this 
paragraph shall be expended in accordance with the terms and conditions 
specified in the report accompanying this Act.

                       Operation and Maintenance

    For expenses necessary for the operation, maintenance, and care of 
existing river and harbor, flood and storm damage reduction, aquatic 
ecosystem restoration, and related projects authorized by law; for the 
benefit of federally listed species to address the effects of civil 
works projects owned or operated by the United States Army Corps of 
Engineers (the ``Corps''); for providing security for infrastructure 
owned and operated by, or on behalf of, the Corps, including 
administrative buildings and facilities, laboratories, and the 
Washington Aqueduct; for the maintenance of harbor channels provided by 
a State, municipality, or other public agency that serve essential 
navigation needs of general commerce, where authorized by law; and for 
surveys and charting of northern and northwestern lakes and connecting 
waters, clearing and straightening channels, and removal of 
obstructions to navigation, $2,000,000,000 to remain available until 
expended, of which such sums to cover the Federal share of operation 
and maintenance costs for coastal harbors and channels, and inland 
harbors shall be derived from the Harbor Maintenance Trust Fund, 
pursuant to Public Law 99-662 may be derived from that fund; of which 
such sums as become available from the special account for the Corps 
established by the Land and Water Conservation Act of 1965, as amended 
(16 U.S.C. 460l-6a(i)), may be derived from that account for resource 
protection, research, interpretation, and maintenance activities 
related to resource protection in the areas at which outdoor recreation 
is available; and of which such sums as become available under section 
217 of the Water Resources Development Act of 1996, Public Law 104-303, 
shall be used to cover the cost of operation and maintenance of the 
dredged material disposal facilities for which fees have been 
collected: Provided, That, except as provided in section 101 of this 
Act, the amounts made available under this paragraph shall be expended 
in accordance with the terms and conditions specified in the report 
accompanying this Act.

                           Regulatory Program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $160,000,000, to remain 
available until expended.

            Formerly Utilized Sites Remedial Action Program

    For expenses necessary to clean up contamination from sites in the 
United States resulting from work performed as part of the Nation's 
early atomic energy program, $140,000,000, to remain available until 
expended.

                            General Expenses

    For expenses necessary for general administration and related civil 
works functions in the headquarters of the United States Army Corps of 
Engineers, the offices of the Division Engineers, the Humphreys 
Engineer Center Support Activity, the Institute for Water Resources, 
the United States Army Engineer Research and Development Center, and 
the United States Army Corps of Engineers Finance Center, $152,021,000 
to remain available until expended: Provided, That no part of any other 
appropriation provided in this Act shall be available to fund the civil 
works activities of the Office of the Chief of Engineers or the civil 
works executive direction and management activities of the division 
offices.

        Office of Assistant Secretary of the Army (Civil Works)

    For expenses necessary for the Office of Assistant Secretary of the 
Army (Civil Works), as authorized by 10 U.S.C. 3016(b)(3), $4,000,000.

                        Administrative Provision

    Appropriations in this title shall be available for official 
reception and representation expenses not to exceed $5,000; and during 
the current fiscal year the Revolving Fund, Corps of Engineers, shall 
be available for purchase not to exceed 100 for replacement only and 
hire of passenger motor vehicles.

                           GENERAL PROVISIONS

                       Corps of Engineers--Civil

    Sec. 101. (a) None of the funds provided in title I of this Act 
shall be available for obligation or expenditure through a 
reprogramming of funds that--
            (1) creates or initiates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel for any program, project, 
        or activity for which funds are denied or restricted by this 
        Act;
            (4) reduces funds that are directed to be used for a 
        specific program, project, or activity by this Act;
            (5) increases funds for any program, project, or activity 
        by more than $2,000,000 or 10 percent, whichever is less; or
            (6) reduces funds for any program, project, or activity by 
        more than $2,000,000 or 10 percent, whichever is less.
    (b) Subsection (a)(1) shall not apply to any project or activity 
authorized under section 205 of the Flood Control Act of 1948, section 
14 of the Flood Control Act of 1946, section 208 of the Flood Control 
Act of 1954, section 107 of the River and Harbor Act of 1960, section 
103 of the River and Harbor Act of 1962, section 111 of the River and 
Harbor Act of 1968, section 1135 of the Water Resources Development Act 
of 1986, section 206 of the Water Resources Act of 1996, or section 204 
of the Water Resources Act of 1992.
    Sec. 102. None of the funds appropriated in this Act may be used by 
the United States Army Corps of Engineers to support activities related 
to the proposed Ridge Landfill in Tuscarawas County, Ohio.
    Sec. 103. None of the funds appropriated in this Act may be used by 
the United States Army Corps of Engineers to support activities related 
to the proposed Indian Run Sanitary Landfill in Sandy Township, Stark 
County, Ohio.
    Sec. 104. In overseeing the use of continuing and multiyear 
contracts for water resources projects, the Secretary of the Army shall 
take all necessary steps in fiscal year 2006 and thereafter to ensure 
that the Corps limits the duration of each multiyear contract to the 
term needed to achieve a substantial reduction of costs on the margin; 
and limits the amount of work performed each year on each project to 
the funding provided for that project during the fiscal year.
    Sec. 105. After February 6, 2006, none of the funds made available 
in title I of this Act may be used to award any continuing contract or 
to make modifications to any existing continuing contract that 
obligates the United States Government during fiscal year 2007 to make 
payment under such contract for any project that is proposed for 
deferral or suspension in fiscal year 2007 in the materials prepared by 
the Assistant Secretary of the Army (Civil Works) for that fiscal year 
pursuant to provisions of chapter 11 of title 31, United States Code.
    Sec. 106. None of the funds made available in title I of this Act 
may be used to award any continuing contract or to make modifications 
to any existing continuing contract that reserves an amount for a 
project in excess of the amount appropriated for such project pursuant 
to this Act.
    Sec. 107. None of the funds in title I of this Act shall be 
available for the rehabilitation and lead and asbestos abatement of the 
dredge McFarland: Provided, That amounts provided in title I of this 
Act are hereby reduced by $18,630,000.
    Sec. 108. None of the funds in this Act may be expended by the 
Secretary of the Army to construct the Port Jersey element of the New 
York and New Jersey Harbor or to reimburse the local sponsor for the 
construction of the Port Jersey element until commitments for 
construction of container handling facilities are obtained from the 
non-Federal sponsor for a second user along the Port Jersey element.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          central utah project

                Central Utah Project Completion Account

    For carrying out activities authorized by the Central Utah Project 
Completion Act, $32,614,000, to remain available until expended, of 
which $946,000 shall be deposited into the Utah Reclamation Mitigation 
and Conservation Account for use by the Utah Reclamation Mitigation and 
Conservation Commission.
    In addition, for necessary expenses incurred in carrying out 
related responsibilities of the Secretary of the Interior, $1,736,000, 
to remain available until expended.

                         Bureau of Reclamation

                      Water and Related Resources

                     (including transfer of funds)

    For management, development, and restoration of water and related 
natural resources and for related activities, including the operation, 
maintenance, and rehabilitation of reclamation and other facilities, 
participation in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and other agreements 
with, State and local governments, Indian tribes, and others, 
$832,000,000, to remain available until expended, of which $55,544,000 
shall be available for transfer to the Upper Colorado River Basin Fund 
and $21,998,000 shall be available for transfer to the Lower Colorado 
River Basin Development Fund; of which such amounts as may be necessary 
may be advanced to the Colorado River Dam Fund; of which not more than 
$500,000 is for high priority projects which shall be carried out by 
the Youth Conservation Corps, as authorized by 16 U.S.C. 1706: 
Provided, That such transfers may be increased or decreased within the 
overall appropriation under this heading: Provided further, That of the 
total appropriated, the amount for program activities that can be 
financed by the Reclamation Fund or the Bureau of Reclamation special 
fee account established by 16 U.S.C. 460l-6a(i) shall be derived from 
that Fund or account: Provided further, That funds contributed under 43 
U.S.C. 395 are available until expended for the purposes for which 
contributed: Provided further, That funds advanced under 43 U.S.C. 397a 
shall be credited to this account and are available until expended for 
the same purposes as the sums appropriated under this heading: Provided 
further, That funds available for expenditure for the Departmental 
Irrigation Drainage Program may be expended by the Bureau of 
Reclamation for site remediation on a non-reimbursable basis.

                Central Valley Project Restoration Fund

    For carrying out the programs, projects, plans, and habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, $52,219,000, to be derived from such 
sums as may be collected in the Central Valley Project Restoration Fund 
pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of 
Public Law 102-575, to remain available until expended: Provided, That 
the Bureau of Reclamation is directed to assess and collect the full 
amount of the additional mitigation and restoration payments authorized 
by section 3407(d) of Public Law 102-575: Provided further, That none 
of the funds made available under this heading may be used for the 
acquisition or leasing of water for in-stream purposes if the water is 
already committed to in-stream purposes by a court adopted decree or 
order.

                    California Bay-Delta Restoration

                     (including transfer of funds)

    For carrying out activities authorized by the Calfed Bay Delta 
Authorization Act, consistent with plans to be approved by the 
Secretary of the Interior, $35,000,000, to remain available until 
expended, of which such amounts as may be necessary to carry out such 
activities may be transferred to appropriate accounts of other 
participating Federal agencies to carry out authorized purposes: 
Provided, That funds appropriated herein may be used for the Federal 
share of the costs of CALFED Program management: Provided further, That 
the use of any funds provided to the California Bay-Delta Authority for 
program-wide management and oversight activities shall be subject to 
the approval of the Secretary of the Interior: Provided further, That 
CALFED implementation shall be carried out in a balanced manner with 
clear performance measures demonstrating concurrent progress in 
achieving the goals and objectives of the Program.

                       Policy and Administration

    For necessary expenses of policy, administration, and related 
functions in the office of the Commissioner, the Denver office, and 
offices in the five regions of the Bureau of Reclamation, to remain 
available until expended, $57,917,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: 
Provided, That no part of any other appropriation in this Act shall be 
available for activities or functions budgeted as policy and 
administration expenses.

                        Administrative Provision

    Appropriations for the Bureau of Reclamation shall be available for 
purchase of not to exceed 14 passenger motor vehicles, of which 11 are 
for replacement only.

                           GENERAL PROVISIONS

                       Department of the Interior

    Sec. 201. (a) None of the funds appropriated or otherwise made 
available by this Act may be used to determine the final point of 
discharge for the interceptor drain for the San Luis Unit until 
development by the Secretary of the Interior and the State of 
California of a plan, which shall conform to the water quality 
standards of the State of California as approved by the Administrator 
of the Environmental Protection Agency, to minimize any detrimental 
effect of the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program and the 
costs of the San Joaquin Valley Drainage Program shall be classified by 
the Secretary of the Interior as reimbursable or nonreimbursable and 
collected until fully repaid pursuant to the ``Cleanup Program-
Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment 
Plan'' described in the report entitled ``Repayment Report, Kesterson 
Reservoir Cleanup Program and San Joaquin Valley Drainage Program, 
February 1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United States 
relating to, or providing for, drainage service or drainage studies for 
the San Luis Unit shall be fully reimbursable by San Luis Unit 
beneficiaries of such service or studies pursuant to Federal 
reclamation law.
    Sec. 202. None of the funds appropriated or otherwise made 
available by this or any other Act may be used to pay the salaries and 
expenses of personnel to purchase or lease water in the Middle Rio 
Grande or the Carlsbad Projects in New Mexico unless said purchase or 
lease is in compliance with the purchase requirements of section 202 of 
Public Law 106-60.
    Sec. 203. (a) Section 1(a) of the Lower Colorado Water Supply Act 
(Public Law 99-655) is amended by adding at the end the following: 
``The Secretary is authorized to enter into an agreement or agreements 
with the city of Needles or the Imperial Irrigation District for the 
design and construction of the remaining stages of the Lower Colorado 
Water Supply Project on or after November 1, 2004, and the Secretary 
shall ensure that any such agreement or agreements include provisions 
setting forth (1) the responsibilities of the parties to the agreement 
for design and construction; (2) the locations of the remaining wells, 
discharge pipelines, and power transmission lines; (3) the remaining 
design capacity of up to 5,000 acre-feet per year which is the 
authorized capacity less the design capacity of the first stage 
constructed; (4) the procedures and requirements for approval and 
acceptance by the Secretary of the remaining stages, including approval 
of the quality of construction, measures to protect the public health 
and safety, and procedures for protection of such stages; (5) the 
rights, responsibilities, and liabilities of each party to the 
agreement; and (6) the term of the agreement.''.
    (b) Section 2(b) of the Lower Colorado Water Supply Act (Public Law 
99-655) is amended by adding at the end the following: ``Subject to the 
demand of such users along or adjacent to the Colorado River for 
Project water, the Secretary is further authorized to contract with 
additional persons or entities who hold Boulder Canyon Project Act 
section 5 contracts for municipal and industrial uses within the State 
of California for the use or benefit of Project water under such terms 
as the Secretary determines will benefit the interest of Project users 
along the Colorado River.''.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                     Energy Supply and Conservation

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for energy supply and energy conservation activities 
in carrying out the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation 
of any real property or any facility or for plant or facility 
acquisition, construction, or expansion, $1,762,888,000, to remain 
available until expended.

                         Clean Coal Technology

                               (deferral)

    Of the funds made available under this heading for obligation in 
prior years, $257,000,000 shall not be available until October 1, 2006: 
Provided, That funds made available in previous appropriations Acts 
shall be made available for any ongoing project regardless of the 
separate request for proposal under which the project was selected.

                 Fossil Energy Research and Development

    For necessary expenses in carrying out fossil energy research and 
development activities, under the authority of the Department of Energy 
Organization Act (Public Law 95-91), including the acquisition of 
interest, including defeasible and equitable interests in any real 
property or any facility or for plant or facility acquisition or 
expansion, the hire of passenger motor vehicles, the hire, maintenance, 
and operation of aircraft, the purchase, repair, and cleaning of 
uniforms, the reimbursement to the General Services Administration for 
security guard services, and for conducting inquiries, technological 
investigations and research concerning the extraction, processing, use, 
and disposal of mineral substances without objectionable social and 
environmental costs (30 U.S.C. 3, 1602, and 1603), $502,467,000, to 
remain available until expended, of which $18,000,000 is to continue a 
multi-year project coordinated with the private sector for FutureGen, 
without regard to the terms and conditions applicable to clean coal 
technological projects: Provided, That the initial planning and 
research stages of the FutureGen project shall include a matching 
requirement from non-Federal sources of at least 20 percent of the 
costs: Provided further, That any demonstration component of such 
project shall require a matching requirement from non-Federal sources 
of at least 50 percent of the costs of the component: Provided further, 
That of the amounts provided, $50,000,000 is available, after 
coordination with the private sector, for a request for proposals for a 
Clean Coal Power Initiative providing for competitively-awarded 
research, development, and demonstration projects to reduce the 
barriers to continued and expanded coal use: Provided further, That no 
project may be selected for which sufficient funding is not available 
to provide for the total project: Provided further, That funds shall be 
expended in accordance with the provisions governing the use of funds 
contained under the heading ``Clean Coal Technology'' in 42 U.S.C. 
5903d as well as those contained under the heading ``Clean Coal 
Technology'' in prior appropriations: Provided further, That the 
Department may include provisions for repayment of Government 
contributions to individual projects in an amount up to the Government 
contribution to the project on terms and conditions that are acceptable 
to the Department including repayments from sale and licensing of 
technologies from both domestic and foreign transactions: Provided 
further, That such repayments shall be retained by the Department for 
future coal-related research, development and demonstration projects: 
Provided further, That any technology selected under this program shall 
be considered a Clean Coal Technology, and any project selected under 
this program shall be considered a Clean Coal Technology Project, for 
the purposes of 42 U.S.C. 7651n, and chapters 51, 52, and 60 of title 
40 of the Code of Federal Regulations: Provided further, That no part 
of the sum herein made available shall be used for the field testing of 
nuclear explosives in the recovery of oil and gas: Provided further, 
That up to 4 percent of program direction funds available to the 
National Energy Technology Laboratory may be used to support Department 
of Energy activites not included in this account: Provided further,  
That the Secretary of Energy is authorized to accept fees and 
contributions from public and private sources, to be deposited in a 
contributed funds account, and prosecute projects using such fees and 
contributions in cooperation with other Federal, State, or private 
agencies or concerns: Provided further, That revenues and other moneys 
received by or for the account of the Department of Energy or otherwise 
generated by sale of products in connection with projects of the 
Department appropriated under the Fossil Energy Research and 
Development account may be retained by the Secretary of Energy, to be 
available until expended, and used only for plant construction, 
operation, costs, and payments to cost-sharing entities as provided in 
appropriate cost-sharing contracts or agreements.

                 Naval Petroleum and Oil Shale Reserves

    For expenses necessary to carry out naval petroleum and oil shale 
reserve activities, including the hire of passenger motor vehicles, 
$18,500,000, to remain available until expended: Provided, That, 
notwithstanding any other provision of law, unobligated funds remaining 
from prior years shall be available for all naval petroleum and oil 
shale reserve activities.

                      Elk Hills School Lands Fund

    For necessary expenses in fulfilling installment payments under the 
Settlement Agreement entered into by the United States and the State of 
California on October 11, 1996, as authorized by section 3415 of Public 
Law 104-106, $48,000,000, for payment to the State of California for 
the State Teachers' Retirement Fund, of which $46,000,000 will be 
derived from the Elk Hills School Lands Fund.

                      Strategic Petroleum Reserve

    For necessary expenses for Strategic Petroleum Reserve facility 
development and operations and program management activities pursuant 
to the Energy Policy and Conservation Act of 1975, as amended (42 
U.S.C. 6201 et seq.), including the hire of passenger motor vehicles, 
the hire, maintenance, and operation of aircraft, the purchase, repair, 
and cleaning of uniforms, the reimbursement to the General Services 
Administration for security guard services, $166,000,000, to remain 
available until expended.

                   Energy Information Administration

    For necessary expenses in carrying out the activities of the Energy 
Information Administration, $86,426,000, to remain available until 
expended.

                   Non-Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental cleanup activities in 
carrying out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of 
any real property or any facility or for plant or facility acquisition, 
construction, or expansion, and the purchase of not to exceed six 
passenger motor vehicles, of which five shall be for replacement only, 
$319,934,000, to remain available until expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

    For necessary expenses in carrying out uranium enrichment facility 
decontamination and decommissioning, remedial actions, and other 
activities of title II of the Atomic Energy Act of 1954, as amended, 
and title X, subtitle A, of the Energy Policy Act of 1992, 
$591,498,000, to be derived from the Fund, to remain available until 
expended, of which $20,000,000 shall be available in accordance with 
title X, subtitle A, of the Energy Policy Act of 1992.

                                Science

    For Department of Energy expenses including the purchase, 
construction and acquisition of plant and capital equipment, and other 
expenses necessary for science activities in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not to exceed forty-seven passenger motor 
vehicles for replacement only, including not to exceed one ambulance 
and two buses, $3,666,055,000, to remain available until expended.

                         Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
the Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended 
(the ``Act''), including the acquisition of real property or facility 
construction or expansion, $310,000,000, to remain available until 
expended and to be derived from the Nuclear Waste Fund: Provided, That 
of the funds made available in this Act for Nuclear Waste Disposal, 
$3,500,000 shall be provided to the State of Nevada solely for 
expenditures, other than salaries and expenses of State employees, to 
conduct scientific oversight responsibilities and participate in 
licensing activities pursuant to the Act: Provided further, That 
$7,000,000 shall be provided to affected units of local governments, as 
defined in the Act, to conduct appropriate activities and participate 
in licensing activities: Provided further, That the distribution of the 
funds as determined by the units of local government shall be approved 
by the Department of Energy: Provided further, That the funds for the 
State of Nevada shall be made available solely to the Nevada Division 
of Emergency Management by direct payment and units of local government 
by direct payment: Provided further, That within 90 days of the 
completion of each Federal fiscal year, the Nevada Division of 
Emergency Management and the Governor of the State of Nevada and each 
local entity shall provide certification to the Department of Energy 
that all funds expended from such payments have been expended for 
activities authorized by the Act and this Act: Provided further, That 
failure to provide such certification shall cause such entity to be 
prohibited from any further funding provided for similar activities: 
Provided further, That none of the funds herein appropriated may be: 
(1) used directly or indirectly to influence legislative action on any 
matter pending before Congress or a State legislature or for lobbying 
activity as provided in 18 U.S.C. 1913; (2) used for litigation 
expenses; or (3) used to support multi-State efforts or other coalition 
building activities inconsistent with the restrictions contained in 
this Act: Provided further, That all proceeds and recoveries realized 
by the Secretary in carrying out activities authorized by the Act, 
including but not limited to, any proceeds from the sale of assets, 
shall be available without further appropriation and shall remain 
available until expended.

                      Departmental Administration

                     (including transfer of funds)

    For salaries and expenses of the Department of Energy necessary for 
departmental administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the hire of passenger motor vehicles and official reception 
and representation expenses not to exceed $35,000, $253,909,000, to 
remain available until expended, plus such additional amounts as 
necessary to cover increases in the estimated amount of cost of work 
for others notwithstanding the provisions of the Anti-Deficiency Act 
(31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work 
are offset by revenue increases of the same or greater amount, to 
remain available until expended: Provided further, That moneys received 
by the Department for miscellaneous revenues estimated to total 
$123,000,000 in fiscal year 2006 may be retained and used for operating 
expenses within this account, and may remain available until expended, 
as authorized by section 201 of Public Law 95-238, notwithstanding the 
provisions of 31 U.S.C. 3302: Provided further, That the sum herein 
appropriated shall be reduced by the amount of miscellaneous revenues 
received during fiscal year 2006, and any related unappropriated 
receipt account balances remaining from prior years' miscellaneous 
revenues, so as to result in a final fiscal year 2006 appropriation 
from the general fund estimated at not more than $130,909,000.

                    Office of the Inspector General

    For necessary expenses of the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $43,000,000, to remain available until expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           Weapons Activities

                     (including transfer of funds)

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion; and the purchase of 
not to exceed 40 passenger motor vehicles, for replacement only, 
including not to exceed two buses; $6,181,121,000, to remain available 
until expended.

                    Defense Nuclear Nonproliferation

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense, defense 
nuclear nonproliferation activities, in carrying out the purposes of 
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, $1,500,959,000, to remain available until expended.

                             Naval Reactors

    For Department of Energy expenses necessary for naval reactors 
activities to carry out the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition (by purchase, 
condemnation, construction, or otherwise) of real property, plant, and 
capital equipment, facilities, and facility expansion, $799,500,000, to 
remain available until expended.

                      Office of the Administrator

    For necessary expenses of the Office of the Administrator in the 
National Nuclear Security Administration, including official reception 
and representation expenses not to exceed $12,000, $366,869,000, to 
remain available until expended.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental cleanup 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $6,468,336,000, to 
remain available until expended.

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses, necessary for atomic energy defense, other defense 
activities, and classified activities, in carrying out the purposes of 
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, and the purchase of not to exceed ten passenger motor 
vehicles for replacement only, including not to exceed two buses; 
$702,498,000, to remain available until expended.

                     Defense Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $351,447,000, to remain 
available until expended.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for official 
reception and representation expenses in an amount not to exceed 
$1,500. During fiscal year 2006, no new direct loan obligations may be 
made.

      Operation and Maintenance, Southeastern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of electric power and energy, including 
transmission wheeling and ancillary services pursuant to section 5 of 
the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the 
southeastern power area, $5,600,000, to remain available until 
expended: Provided, That, notwithstanding 31 U.S.C. 3302, up to 
$32,713,000 collected by the Southeastern Power Administration pursuant 
to the Flood Control Act of 1944 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose of making 
purchase power and wheeling expenditures.

      Operation and Maintenance, Southwestern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, for 
construction and acquisition of transmission lines, substations and 
appurtenant facilities, and for administrative expenses, including 
official reception and representation expenses in an amount not to 
exceed $1,500 in carrying out section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), as applied to the southwestern power 
administration, $31,401,000, to remain available until expended: 
Provided, That, notwithstanding 31 U.S.C. 3302, up to $1,235,000 
collected by the Southwestern Power Administration pursuant to the 
Flood Control Act to recover purchase power and wheeling expenses shall 
be credited to this account as offsetting collections, to remain 
available until expended for the sole purpose of making purchase power 
and wheeling expenditures.

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other 
related activities including conservation and renewable resources 
programs as authorized, including official reception and representation 
expenses in an amount not to exceed $1,500; $226,992,000, to remain 
available until expended, of which $222,830,000 shall be derived from 
the Department of the Interior Reclamation Fund: Provided, That of the 
amount herein appropriated, $6,000,000 shall be available until 
expended on a nonreimbursable basis to the Western Area Power 
Administration for Topock-Davis-Mead Transmission Line Upgrades: 
Provided further, That notwithstanding the provision of 31 U.S.C. 3302, 
up to $148,500,000 collected by the Western Area Power Administration 
pursuant to the Flood Control Act of 1944 and the Reclamation Project 
Act of 1939 to recover purchase power and wheeling expenses shall be 
credited to this account as offsetting collections, to remain available 
until expended for the sole purpose of making purchase power and 
wheeling expenditures.

           Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $2,692,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 423 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995.

                  Federal Energy Regulatory Commission

                         salaries and expenses

    For necessary expenses of the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 
U.S.C. 3109, the hire of passenger motor vehicles, and official 
reception and representation expenses not to exceed $3,000, 
$220,400,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, not to exceed $220,400,000 
of revenues from fees and annual charges, and other services and 
collections in fiscal year 2006 shall be retained and used for 
necessary expenses in this account, and shall remain available until 
expended: Provided further, That the sum herein appropriated from the 
general fund shall be reduced as revenues are received during fiscal 
year 2006 so as to result in a final fiscal year 2006 appropriation 
from the general fund estimated at not more than $0.

                           GENERAL PROVISIONS

                          DEPARTMENT OF ENERGY

    Sec. 301. (a)(1) None of the funds in this or any other 
appropriations Act for fiscal year 2006 or any previous fiscal year may 
be used to make payments for a noncompetitive management and operating 
contract unless the Secretary of Energy has published in the Federal 
Register and submitted to the Committees on Appropriations of the House 
of Representatives and the Senate a written notification, with respect 
to each such contract, of the Secretary's decision to use competitive 
procedures for the award of the contract, or to not renew the contract, 
when the term of the contract expires.
    (2) Paragraph (1) does not apply to an extension for up to 2 years 
of a noncompetitive management and operating contract, if the extension 
is for purposes of allowing time to award competitively a new contract, 
to provide continuity of service between contracts, or to complete a 
contract that will not be renewed.
    (b) In this section:
            (1) The term ``noncompetitive management and operating 
        contract'' means a contract that was awarded more than 50 years 
        ago without competition for the management and operation of 
        Ames Laboratory, Argonne National Laboratory, Lawrence Berkeley 
        National Laboratory, Lawrence Livermore National Laboratory, 
        and Los Alamos National Laboratory.
            (2) The term ``competitive procedures'' has the meaning 
        provided in section 4 of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 403) and includes procedures described in 
        section 303 of the Federal Property and Administrative Services 
        Act of 1949 (41 U.S.C. 253) other than a procedure that 
        solicits a proposal from only one source.
    (c) For all management and operating contracts other than those 
listed in subsection (b)(1), none of the funds appropriated by this Act 
may be used to award a management and operating contract, or award a 
significant extension or expansion to an existing management and 
operating contract, unless such contract is awarded using competitive 
procedures or the Secretary of Energy grants, on a case-by-case basis, 
a waiver to allow for such a deviation. The Secretary may not delegate 
the authority to grant such a waiver. At least 60 days before a 
contract award for which the Secretary intends to grant such a waiver, 
the Secretary shall submit to the Committees on Appropriations of the 
House of Representatives and the Senate a report notifying the 
Committees of the waiver and setting forth, in specificity, the 
substantive reasons why the Secretary believes the requirement for 
competition should be waived for this particular award.
    Sec. 302. None of the funds appropriated by this Act may be used 
to--
            (1) develop or implement a workforce restructuring plan 
        that covers employees of the Department of Energy; or
            (2) provide enhanced severance payments or other benefits 
        for employees of the Department of Energy, under section 3161 
        of the National Defense Authorization Act for Fiscal Year 1993 
        (Public Law 102-484; 42 U.S.C. 7274h).
    Sec. 303. None of the funds appropriated by this Act may be used to 
augment the funds made available for obligation by this Act for 
severance payments and other benefits and community assistance grants 
under section 3161 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 42 U.S.C. 7274h) unless the Department 
of Energy submits a reprogramming request to the appropriate 
congressional committees.
    Sec. 304. None of the funds appropriated by this Act may be used to 
prepare or initiate Requests For Proposals (RFPs) for a program if the 
program has not been funded by Congress.

                   (transfers of unexpended balances)

    Sec. 305. The unexpended balances of prior appropriations provided 
for activities in this Act may be transferred to appropriation accounts 
for such activities established pursuant to this title. Balances so 
transferred may be merged with funds in the applicable established 
accounts and thereafter may be accounted for as one fund for the same 
time period as originally enacted.
    Sec. 306. None of the funds in this or any other Act for the 
Administrator of the Bonneville Power Administration may be used to 
enter into any agreement to perform energy efficiency services outside 
the legally defined Bonneville service territory, with the exception of 
services provided internationally, including services provided on a 
reimbursable basis, unless the Administrator certifies in advance that 
such services are not available from private sector businesses.
    Sec. 307. When the Department of Energy makes a user facility 
available to universities or other potential users, or seeks input from 
universities or other potential users regarding significant 
characteristics or equipment in a user facility or a proposed user 
facility, the Department shall ensure broad public notice of such 
availability or such need for input to universities and other potential 
users. When the Department of Energy considers the participation of a 
university or other potential user as a formal partner in the 
establishment or operation of a user facility, the Department shall 
employ full and open competition in selecting such a partner. For 
purposes of this section, the term ``user facility'' includes, but is 
not limited to: (1) a user facility as described in section 2203(a)(2) 
of the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a 
National Nuclear Security Administration Defense Programs Technology 
Deployment Center/User Facility; and (3) any other Departmental 
facility designated by the Department as a user facility.
    Sec. 308. The Administrator of the National Nuclear Security 
Administration may authorize the manager of a covered nuclear weapons 
research, development, testing or production facility to engage in 
research, development, and demonstration activities with respect to the 
engineering and manufacturing capabilities at such facility in order to 
maintain and enhance such capabilities at such facility: Provided, That 
of the amount allocated to a covered nuclear weapons facility each 
fiscal year from amounts available to the Department of Energy for such 
fiscal year for national security programs, not more than an amount 
equal to 2 percent of such amount may be used for these activities: 
Provided further, That for purposes of this section, the term ``covered 
nuclear weapons facility'' means the following:
            (1) the Kansas City Plant, Kansas City, Missouri;
            (2) the Y-12 Plant, Oak Ridge, Tennessee;
            (3) the Pantex Plant, Amarillo, Texas;
            (4) the Savannah River Plant, South Carolina; and
            (5) the Nevada Test Site.
    Sec. 309. Funds appropriated by this or any other Act, or made 
available by the transfer of funds in this Act, for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2006 until the enactment of the Intelligence 
Authorization Act for fiscal year 2006.
    Sec. 310. None of the funds made available in this Act may be used 
to select a site for the Modern Pit Facility during fiscal year 2006.
    Sec. 311. None of the funds made available in title III of this Act 
shall be for the Department of Energy national laboratories and 
production plants for Laboratory Directed Research and Development 
(LDRD), Plant Directed Research and Development (PDRD), and Site 
Directed Research and Development (SDRD) activities in excess of 
$250,000,000.
    Sec. 312. None of the funds made available in title III of this Act 
shall be for Department of Energy Laboratory Directed Research and 
Development (LDRD), Plant Directed Research and Development (PDRD), and 
Site Directed Research and Development (SDRD) activities for project 
costs incurred as Indirect Costs by Major Facility Operating 
Contractors.
    Sec. 313. None of the funds made available in title III of this Act 
may be used to finance laboratory directed research and development 
activities at Department of Energy laboratories on behalf of other 
Federal agencies.
    Sec. 314. None of the funds made available to the Department of 
Energy under this Act shall be used to implement or finance authorized 
price support or loan guarantee programs unless specific provision is 
made for such programs in an appropriations Act.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized by the 
Appalachian Regional Development Act of 1965, as amended, for necessary 
expenses for the Federal Co-Chairman and the alternate on the 
Appalachian Regional Commission, for payment of the Federal share of 
the administrative expenses of the Commission, including services as 
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, 
$38,500,000, to remain available until expended.

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

    For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, as amended by Public Law 100-456, section 1441, $22,032,000, to 
remain available until expended.

                        Delta Regional Authority

                         salaries and expenses

    For necessary expenses of the Delta Regional Authority and to carry 
out its activities, as authorized by the Delta Regional Authority Act 
of 2000, as amended, notwithstanding sections 382C(b)(2), 382F(d), and 
382M(b) of said Act, $6,000,000, to remain available until expended.

                           Denali Commission

    For expenses of the Denali Commission, $2,562,000, to remain 
available until expended.

                     Nuclear Regulatory Commission

                         salaries and expenses

    For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974, as amended, and the 
Atomic Energy Act of 1954, as amended, including official 
representation expenses (not to exceed $15,000), and purchase of 
promotional items for use in the recruitment of individuals for 
employment, $714,376,000, to remain available until expended: Provided, 
That of the amount appropriated herein, $66,717,000 shall be derived 
from the Nuclear Waste Fund: Provided further, That revenues from 
licensing fees, inspection services, and other services and collections 
estimated at $580,643,000 in fiscal year 2006 shall be retained and 
used for necessary salaries and expenses in this account, 
notwithstanding 31 U.S.C. 3302, and shall remain available until 
expended: Provided further, That the sum herein appropriated shall be 
reduced by the amount of revenues received during fiscal year 2006 so 
as to result in a final fiscal year 2006 appropriation estimated at not 
more than $133,732,600: Provided further, That section 6101 of the 
Omnibus Budget Reconciliation Act of 1990 is amended by inserting 
before the period in subsection (c)(2)(B)(v) the words ``and fiscal 
year 2006''.

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $8,316,000, to remain available until expended: Provided, That 
revenues from licensing fees, inspection services, and other services 
and collections estimated at $7,485,000 in fiscal year 2006 shall be 
retained and be available until expended, for necessary salaries and 
expenses in this account, notwithstanding 31 U.S.C. 3302: Provided 
further, That the sum herein appropriated shall be reduced by the 
amount of revenues received during fiscal year 2006 so as to result in 
a final fiscal year 2006 appropriation estimated at not more than 
$831,000.

                  Nuclear Waste Technical Review Board

                         salaries and expenses

    For necessary expenses of the Nuclear Waste Technical Review Board, 
as authorized by Public Law 100-203, section 5051, $3,608,000, to be 
derived from the Nuclear Waste Fund, and to remain available until 
expended.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501. None of the funds appropriated by this Act may be used in 
any way, directly or indirectly, to influence congressional action on 
any legislation or appropriation matters pending before Congress, other 
than to communicate to Members of Congress as described in 18 U.S.C. 
1913.
    Sec. 502. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in this Act or any other appropriation Act.
                                                  Union Calendar No. 44

109th CONGRESS

  1st Session

                               H. R. 2419

                          [Report No. 109-86]

_______________________________________________________________________

                                 A BILL

 Making appropriations for energy and water development for the fiscal 
        year ending September 30, 2006, and for other purposes.

_______________________________________________________________________

                              May 18, 2005

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```