In the Senate of the United States,

July 1 (legislative day, June 30), 2005.

Resolved, That the bill from the House of Representatives (H.R. 2419) entitled ‘‘An Act making appropriations for

energy and water development for the fiscal year ending September 30, 2006, and for other purposes.’’, do pass with the

following

AMENDMENT:

Strike all after the enacting clause and insert:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

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

4 water development and for other purposes, namely:
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1 TITLE I—DEPARTMENT OF DEFENSE—CIVIL

2 DEPARTMENT OF THE ARMY

3 CORPS OF ENGINEERS—CIVIL

4 The following appropriations shall be expended under

5 the direction of the Chief of Engineers and the supervision

6 of the Director of Civil Works for authorized civil functions

7 of the Department of the Army pertaining to rivers and

8 harbors, flood control, shore protection and storm damage

9 reduction, aquatic ecosystem restoration, and related pur10 poses.

11 GENERAL INVESTIGATIONS

12 For expenses necessary for the collection and study of

13 basic information pertaining to river and harbor, flood con14 trol, shore protection and storm damage reduction, aquatic

15 ecosystem restoration, and related projects, restudy of au16 thorized projects, miscellaneous investigations, and, when

17 authorized by law, surveys and detailed studies and plans

18 and specifications of projects prior to construction,

19 $180,000,000, to remain available until expended.

20 CONSTRUCTION, GENERAL

21 For expenses necessary for the construction of river

22 and harbor, flood control, shore protection and storm dam23 age reduction, aquatic ecosystem restoration, and related

24 projects authorized by law; for conducting detailed studies,

25 and plans and specifications, of such projects (including

26 those for development with participation or under consider-
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1 ation for participation by States, local governments, or pri2 vate groups) authorized or made eligible for selection by law

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

4 shall not constitute a commitment of the Government to

5 construction); $2,086,664,000, to remain available until ex6 pended, of which such sums as are necessary to cover the

7 Federal share of construction costs for facilities under the

8 Dredged Material Disposal Facilities program shall be de9 rived from the Harbor Maintenance Trust Fund as author10 ized by Public Law 104–303; and of which such sums as

11 are necessary pursuant to Public Law 99–662 shall be de12 rived from the Inland Waterways Trust Fund, to cover one13 half of the costs of construction and rehabilitation of inland

14 waterways projects, (including the rehabilitation costs for

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

16 19, Mississippi River, Iowa; Lock and Dam 24, Mississippi

17 River, Illinois and Missouri; Lock 27, Mississippi River,

18 Illinois; and Lock and Dam 3, Mississippi River, Min19 nesota) shall be derived from the Inland Waterways Trust

20 Fund: Provided, That using $15,000,000 of the funds ap21 propriated herein, the Chief of Engineers is directed to con22 tinue construction of the Dallas Floodway Extension,

23 Texas, project, including the Cadillac Heights feature, gen24 erally in accordance with the Chief of Engineers report

25 dated December 7, 1999: Provided further, That the Chief
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1 of Engineers is directed to use $2,000,000 of the funds pro2 vided herein to continue construction of the Hawaii Water

3 Management Project: Provided further, That the Chief of

4 Engineers is directed to use $13,000,000 of the funds appro5 priated herein to continue construction of the navigation

6 project at Kaumalapau Harbor, Hawaii: Provided further,

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

8 of the funds provided herein for the Dam Safety and Seep9 age/Stability Correction Program to complete construction

10 of seepage control features and repairs to the tainter gates

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

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

13 appropriated herein to proceed with planning, engineering,

14 design or construction of the Grundy, Buchanan County,

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

16 Tug Forks of the Big Sandy River and Upper Cumberland

17 River Project: Provided further, That the Chief of Engineers

18 is directed to use $4,600,000 of the funds appropriated here19 in to continue with the planning, engineering, design or

20 construction of the Lower Mingo County, Upper Mingo

21 County, Wayne County, McDowell County, West Virginia,

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

23 River and Upper Cumberland River Project: Provided fur24 ther, That the Chief of Engineers is directed to continue

25 the Dickenson County Detailed Project Report as generally
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1 defined in Plan 4 of the Huntington District Engineer’s

2 Draft Supplement to the section 202 General Plan for Flood

3 Damage Reduction dated April 1997, including all Russell

4 Fork tributary streams within the County and special con5 siderations as may be appropriate to address the unique

6 relocations and resettlement needs for the flood prone com7 munities within the County: Provided further, That the

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

9 permanent bridge to replace Folsom Bridge Dam Road,

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

11 Development Appropriations Act, 2004 (Public Law 108–

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

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

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

15 permanent bridge, with all remaining devoted to the Mini16 Raise: Provided further, That $300,000 is provided for the

17 Chief of Engineers to conduct a General Reevaluation

18 Study on the Mount St. Helens project to determine if eco19 system restoration actions are prudent in the Cowlitz and

20 Toutle watersheds for species that have been listed as being

21 of economic importance and threatened or endangered.

22 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES,

23 ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS24 SISSIPPI, MISSOURI, AND TENNESSEE

25 For expenses necessary for the flood damage reduction

26 program for the Mississippi River alluvial valley below
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1 Cape Girardeau, Missouri, as authorized by law,

2 $433,336,000, to remain available until expended, of which

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

4 operation and maintenance costs for inland harbors shall

5 be derived from the harbor maintenance trust fund: Pro6 vided, That the Chief of Engineers, using $25,000,000 of

7 the funds provided herein, is directed to continue design

8 and real estate activities and to initiate the pump supply

9 contract for the Yazoo Basin, Yazoo Backwater Pumping

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

11 contract shall be performed by awarding continuing con12 tracts in accordance with 33 U.S.C. 621: Provided further,

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

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

15 herein, to continue construction of water withdrawal fea16 tures of the Grand Prairie, Arkansas, project, of which such

17 sums as are necessary to cover the Federal share of oper18 ation and maintenance costs for inland harbors shall be de19 rived from the Harbor Maintenance Trust Fund.

20 OPERATION AND MAINTENANCE, GENERAL

21 For expenses necessary for the operation, maintenance,

22 and care of existing river and harbor, flood and storm dam23 age reduction, aquatic ecosystem restoration, and related

24 projects authorized by law; for providing security for infra25 structure owned and operated by, or on behalf of, the United

26 States Army Corps of Engineers, including administrative
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1 buildings and facilities, laboratories, and the Washington

2 Aqueduct; for the maintenance of harbor channels provided

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

4 essential navigation needs of general commerce, where au5 thorized by law; and for surveys and charting of northern

6 and northwestern lakes and connecting waters, clearing and

7 straightening channels, and removal of obstructions to navi8 gation, $2,100,000,000, to remain available until expended,

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

10 share of operation and maintenance costs for coastal har11 bors and channels, shall be derived from the Harbor Mainte12 nance Trust Fund, pursuant to Public Law 99–662 may

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

14 available from the special account for the United States

15 Army Corps of Engineers established by the Land and

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

17 460l–6a(i)), may be derived from that account for resource

18 protection, research, interpretation, and maintenance ac19 tivities related to resource protection in the areas at which

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

21 become available under section 217 of the Water Resources

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

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

24 dredged material disposal facilities for which fees have been

25 collected: Provided, That utilizing funds appropriated here-
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1 in, for the Intracoastal Waterway, Delaware River to

2 Chesapeake Bay, Delaware and Maryland, the Chief of En3 gineers, is directed to reimburse the State of Delaware for

4 normal operation and maintenance costs incurred by the

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

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

7 30, 2006: Provided further, That the Chief of Engineers is

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

9 evaluation of the Albuquerque levees for purposes of deter10 mining structural integrity, impacts of vegetative growth,

11 and performance under current hydrological conditions:

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

13 Chief of Engineers is authorized to remove the sunken vessel

14 State of Pennsylvania from the Christina River in Dela15 ware.

16 FLOOD CONTROL AND COASTAL EMERGENCIES

17 For expenses necessary to prepare for flood, hurricane,

18 and other natural disasters and support emergency oper19 ations, repairs, and other activities in response to flood and

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

21 to remain available until expended.

22 REGULATORY PROGRAM

23 For expenses necessary for administration of laws per24 taining to regulation of navigable waters and wetlands,

25 $150,000,000, to remain available until expended.
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1 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

2 For expenses necessary to clean up contamination

3 from sites in the United States resulting from work per4 formed as part of the Nation’s early atomic energy pro5 gram, $140,000,000, to remain available until expended.

6 GENERAL EXPENSES

7 For expenses necessary for general administration and

8 related civil works functions in the headquarters of the

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

10 Division Engineers, the Humphreys Engineer Center Sup11 port Activity, the Institute for Water Resources, the United

12 States Army Engineer Research and Development Center,

13 and the United States Army Corps of Engineers Finance

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

15 Provided, That no part of any other appropriation pro16 vided in title I of this Act shall be available to fund the

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

18 or the civil works executive direction and management ac19 tivities of the division offices.

20 ADMINISTRATIVE PROVISION

21 Appropriations in this title shall be available for offi22 cial reception and representation expenses (not to exceed

23 $5,000); and during the current fiscal year the Revolving

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

25 (not to exceed 100 for replacement only) and hire of pas26 senger motor vehicles.
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1 GENERAL PROVISIONS, CORPS OF ENGINEERS—CIVIL

2 SEC. 101. Beginning in fiscal year 2005 and there3 after, agreements proposed for execution by the Assistant

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

5 Army Corps of Engineers after the date of the enactment

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

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

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

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

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

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

12 Resources Development Act of 1986, as amended, Public

13 Law 99–662; section 206 of the Water Resources Develop14 ment Act of 1992, as amended, Public Law 102–580; section

15 211 of the Water Resources Development Act of 1996, Public

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

17 shall be limited to total credits and reimbursements for all

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

19 year.

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

21 any other Act shall be used to demonstrate or implement

22 any plans divesting or transferring any Civil Works mis23 sions, functions, or responsibilities of the United States

24 Army Corps of Engineers to other government agencies

25 without specific direction in a subsequent Act of Congress.
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1 SEC. 103. ST. GEORGES BRIDGE, DELAWARE. None of

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

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

4 Georges Bridge across the Intracoastal Waterway, Delaware

5 River to Chesapeake Bay, Delaware and Maryland, includ6 ing a hearing or any other activity relating to preparation

7 of an environmental impact statement concerning the clo8 sure or removal.

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

10 Engineers Report on a water resource matter, the Assistant

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

12 to the appropriate authorizing and appropriating commit13 tees of the Congress.

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

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

16 shall transmit to Congress his report on any water resources

17 matter on which the Chief of Engineers has reported.

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

19 Stat. 1837) is amended by striking ‘‘in accordance with the

20 Baltimore Metropolitan Water Resources-Gwynns Falls

21 Watershed Feasibility Report’’ and all that follows and in22 serting the following language in lieu thereof: ‘‘in accord23 ance with the Baltimore Metropolitan Water Resources

24 Gwynns Falls Watershed Study-Draft Feasibility Report

25 and Integrated Environmental Assessment prepared by the
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1 Corps of Engineers and the City of Baltimore, Maryland,

2 dated April 2004.’’.

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

4 VIRGINIA. Section 101(a)(31) of the Water Resources Devel5 opment Act of 1996 (110 Stat. 3666), is amended by strik6 ing ‘‘$229,581,000’’ and inserting ‘‘$358,000,000’’.

7 SEC. 108. LOWER MUD RIVER, MILTON, WEST VIR8 GINIA. The project for flood control at Milton, West Vir9 ginia, authorized by section 580 of the Water Resources De10 velopment Act of 1996 (110 Stat. 3790), as modified by sec11 tion 340 of the Water Resources Development Act of 2000

12 (114 Stat. 2612), is modified to authorize the Chief of Engi13 neers to construct the project substantially in accordance

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

15 2004, at an estimated total cost of $45,500,000, with an

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

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

18 SEC. 109. WATER REALLOCATION, LAKE CUM19 BERLAND, KENTUCKY. (a) IN GENERAL.—Subject to sub20 section (b), none of the funds made available by this Act

21 may be used to carry out any water reallocation project

22 or component under the Wolf Creek Project, Lake Cum23 berland, Kentucky, authorized under the Act of June 28,

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

25 1946 (60 Stat. 636, chapter 595).
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1 (b) EXISTING REALLOCATIONS.—Subsection (a) shall

2 not apply to any water reallocation for Lake Cumberland,

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

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

5 Act.

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

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

8 ‘‘$20,000,000’’ in lieu thereof.

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

10 MISSISSIPPI. The Yazoo Basin Headwater Improvement,

11 Mississippi, project authorized by the Flood Control Act of

12 1928 (45 Stat. 534), as amended and modified, is further

13 modified to include the design and construction at full Fed14 eral expense of such measures as determined by the Chief

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

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

17 the following tributaries and watersheds of the Yazoo River:

18 Tallahatchie River, Coldwater River (below Arkabutla

19 Dam), Bear Creek Diversion, Yalobusha River (below Gre20 nada Dam), Little Tallahatchie River (below Sardis Dam),

21 Yocona River (below Enid Dam), Tchula Lake, Cassidy

22 Bayou, Bobo Bayou Area, Arkabutla Canal, Ascalmore23 Tippo Creek, David-Burrell Bayou, McKinney Bayou, Lake

24 Cormorant Area, Hurricane Bayou, Opossum Bayou,

25 Chicopa Creek, Hillside Floodway, Bear Creek, Alligator-
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1 Catfish Bayou, Rocky Bayou, Whiteoak Bayou, Potacocowa

2 Creek, Tillatoba Creek, Teoc Creek, Big Sand Creek,

3 Chicopa Creek, and miscellaneous ditches.

4 SEC. 112. LOWER MISSISSIPPI RIVER MUSEUM AND

5 RIVERFRONT INTERPRETIVE SITE, MISSISSIPPI. The Water

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

7 amended by—

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

9 currently held by the Resolution Trust Corporation in

10 the vicinity of the Mississippi River Bridge’’ and in11 serting ‘‘riverfront property’’; and

12 (2) in section 103(c)(7)—

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

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

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

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

17 to plan, design, and construct generally in ac18 cordance with the conceptual plan to be prepared

19 by the Corps of Engineers.

20 ‘‘(B) FUNDING.—The planning, design, and

21 construction of the Lower Mississippi River Mu22 seum and Riverfront Interpretive Site shall be

23 carried out using funds appropriated as part of

24 the Mississippi River Levees feature of the Mis25 sissippi River and Tributaries Project, author-
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1 ized by the Act of May 15, 1928 (45 Stat. 534,

2 chapter 569).’’.

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

4 Stat. 381) is modified by striking ‘‘$25,000,000’’ and in5 serting ‘‘$50,000,000’’.

6 SEC. 114. The project for navigation, Los Angeles Har7 bor, California, authorized by section 101(b)(5) of the Water

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

9 modified to authorize the Chief of Engineers to carry out

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

11 SEC. 115. MISSOURI AND MIDDLE MISSISSIPPI RIV12 ERS ENHANCEMENT PROJECT. (a) Section 514 of the Water

13 Resources Development Act of 1999 is amended by inserting

14 after subsection (e):

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

16 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–

17 5b(b)), for any project undertaken under this section, a non18 Federal interest may include a Regional or National non19 profit entity with the consent of the affected local govern20 ment.

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

22 Federal funds may be allotted under this section for a

23 project at any single locality.’’; and

24 (b) renumbering the succeeding subsections accord25 ingly.
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1 SEC. 116. Section 514(f)(1) of the Water Resources De2 velopment Act of 1999 (Public Law 106–53) is amended

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

4 ‘‘which may be in cash, by the provision of lands, ease5 ments, rights-of-way, relocations or disposal areas, by in6 kind services to implement the project, or by any combina7 tion of the foregoing. Land needed for a project under this

8 authority may remain in private ownership subject to ease9 ments satisfactory to the Secretary necessary to assure

10 achievement of the project purposes’’.

11 SEC. 117. Section 514(g) of the Water Resources Devel12 opment Act of 1999 (Public Law 106–53) is amended by

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

14 2001’’ and inserting in lieu thereof ‘‘per year, and such au15 thority shall extend until Federal fiscal year 2015’’.

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

17 15 LEVEE, MISSOURI. The portion of the L–15 levee system

18 which is under the jurisdiction of the Consolidated North

19 County Levee District and which is situated along the right

20 descending bank of the Mississippi River from its confluence

21 with the Missouri River and running upstream approxi22 mately 14 miles shall be considered to be a Federal levee

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

24 SEC. 119. Section 219(f) of the Water Resources Devel25 opment Act of 1992 (Public Law 102–580; 106 Stat. 4835),
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1 as amended by section 502(b) of the Water Resources Devel2 opment Act of 1999 (Public Law 106–53) and section

3 108(d) of title I of division B of the Miscellaneous Appro4 priations Act, 2001 (as enacted by Public Law 106–554;

5 114 Stat. 2763A–220), is further amended by adding at the

6 end the following:

7 ‘‘(72) ALPINE, CALIFORNIA.—$10,000,000 is au8 thorized for a water transmission main, Alpine, CA.’’.

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

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

11 SEC. 121. MIDDLE RIO GRANDE ENDANGERED SPE12 CIES COLLABORATIVE PROGRAM, NEW MEXICO. The Sec13 retary of the Army may carry out projects that comply with

14 the Reasonable and Prudent Alternative of the 2003 Bio15 logical Opinion required by section 205(b) of Public Law

16 108–447 (118 Stat. 2949) referring to the Biological and

17 Conference Opinions on the Effects of Actions Associated

18 with the Programmatic Biological Assessment of Bureau of

19 Reclamation’s Water and River Maintenance Operations,

20 Army Corps of Engineers’ Flood Control Operation, and

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

22 New Mexico and other recovery measures for the Rio Grande

23 Silvery Minnow or the Southwest Willow Flycatcher, in24 cluding recommendations provided by the Endangered Spe25 cies Act Collaborative Program as established in Public
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1 Law 108–137 section 209(b) (117 Stat. 1850). All project

2 undertaken under this subsection shall be subject to a 75

3 percent Federal/25 percent non-Federal cost share. The non4 Federal cost share for all projects carried out under this

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

6 cash contributions and shall include provision of necessary

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

8 cost share shall be credited on a programmatic basis instead

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

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

11 incremental basis. Over contribution of non-Federal cost

12 share shall be credited to subsequent years. In lieu of indi13 vidual Project Cooperation Agreements, the Secretary shall

14 enter into Memoranda of Agreement with participants in

15 the Middle Rio Grande Endangered Species Collaborative

16 Program in order to establish relative contribution of non17 Federal cost share by each participant, implement projects,

18 and streamline administrative procedures.

19 SEC. 122. BLUESTONE, WEST VIRGINIA. Section 547

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

21 2676) is amended—

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

23 and inserting ‘‘5 years’’;
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1 (2) in subsection (b)(1)(B)(iii) by striking ‘‘if

2 all’’ and all that follows through ‘‘facility’’ and in3 serting ‘‘assurance project’’;

4 (3) in subsection (b)(1)(C) by striking ‘‘and con5 struction’’ and inserting ‘‘, construction, and oper6 ation and maintenance’’;

7 (4) by adding at the end of subsection (b) the fol8 lowing:

9 ‘‘(3) OPERATION AND OWNERSHIP.—The Tri-Cit10 ies Power Authority shall be the owner and operator

11 of the hydropower facilities referred to in subsection

12 (a).’’;

13 (5) in subsection (c)(1)—

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

15 otherwise provided, no’’;

16 (B) by inserting ‘‘planning,’’ before ‘‘de17 sign’’; and

18 (C) by striking ‘‘prior to’’ and all that fol19 lows through ‘‘subsection (d)’’;

20 (6) in subsection (c)(2) by striking ‘‘design’’ and

21 inserting ‘‘planning, design,’’;

22 (7) in subsection (d)—

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

24 inserting the following:
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1 ‘‘(1) APPROVAL.—The Secretary shall review the

2 design and construction activities for all features of

3 the hydroelectric project that pertain to and affect

4 stability of the dam and control the release of water

5 from Bluestone Dam to ensure that the quality of con6 struction of those features meets all standards estab7 lished for similar facilities constructed by the Sec8 retary.’’;

9 (B) by redesignating paragraph (3) as

10 paragraph (2);

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

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

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

14 project purpose of the facility so long as Tri-Cit15 ies Power Authority continues to exercise its re16 sponsibilities as the builder, owner, and operator

17 of the hydropower facilities at Bluestone Dam.

18 Water flow releases and flood control from the

19 hydropower facilities shall be determined and di20 rected by the Corps of Engineers.’’; and

21 (D) by adding at the end the following:

22 ‘‘(3) COORDINATION.—Construction of the hydro23 electric generating facilities shall be coordinated with

24 the dam safety assurance project currently in the de25 sign and construction phases.’’;
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1 (8) in subsection (e) by striking ‘‘in accordance’’

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

3 (9) in subsection (f)—

4 (A) by striking ‘‘facility of the inter5 connected systems of reservoirs operated by the

6 Secretary’’ each place it appears and inserting

7 ‘‘facilities under construction under such agree8 ments’’; and

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

10 ‘‘planning, design’’;

11 (10) in subsection (f)(2)—

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

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

14 (B) by striking ‘‘facilities referred to in sub15 section (a)’’ and inserting ‘‘such facilities’’;

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

17 and inserting the following:

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

19 the market or to construct such transmission facilities

20 as necessary to market the power produced at the fa21 cilities referred to in subsection (a) with funds con22 tributed by the Tri-Cities Power Authority; and’’;

23 (12) in subsection (g)(2) by striking ‘‘such facili24 ties’’ and all that follows through ‘‘the Secretary’’ and

25 inserting ‘‘the generating facility’’; and
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1 (13) by adding at the end the following:

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

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

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

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

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

7 ‘Second Amended and Restated Intergovernmental Agree8 ment’ approved by the Attorney General of West Virginia

9 on February 14, 2002.’’.

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

11 City Waterway, Tacoma, Washington authorized by the

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

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

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

15 at Station 80∂00, is not authorized.

16 SEC. 124. The Chief of Engineers shall define the re17 pairs made at Fern Ridge Dam as a dam safety project

18 and costs shall be recovered in accordance with Section

19 1203 of the Water Resources Development Act of 1986: Pro20 vided, That costs assigned to irrigation will be recovered

21 by the Secretary of the Interior in accordance with Public

22 Law 98–404.

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

24 utilize the Federal dredging fleet in support of all Army

25 Corps of Engineers missions and no restrictions shall be
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1 placed on the use or maintenance of any dredge in the Fed2 eral Fleet.

3 SEC. 126. The Chief of Engineers is directed to main4 tain the Federal dredging fleet to technologically modern

5 and efficient standards.

6 SEC. 127. LAKE CHAMPLAIN CANAL DISPERSAL BAR7 RIER, VERMONT AND NEW YORK. The Chief of Engineers

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

9 a dispersal barrier project at the Lake Champlain Canal:

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

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

12 a dispersal barrier at the Lake Champlain Canal at full

13 Federal expense.

14 SEC. 128. Of funds made available to carry out section

15 1135 of the Water Resources Development Act of 1986 (33

16 U.S.C. 2309a), the Chief of Engineers may use $1,500,000

17 for sea lamprey barrier construction in the Great Lakes.

18 SEC. 129. $150,000 may be provided for Saco River

19 and Camp Ellis Beach, Maine, continuing authorities

20 project.

21 SEC. 130. $2,000,000 may be provided for mainte22 nance dredging of the Narragaugus River, Milbridge,

23 Maine.

24 SEC. 131. $100,000 may be provided for the Penobscot

25 River Restoration Study, Maine.
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HR 2419 EAS

1 TITLE II—DEPARTMENT OF THE INTERIOR

2 CENTRAL UTAH PROJECT

3 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

4 For carrying out activities authorized by the Central

5 Utah Project Completion Act, $32,614,000, to remain avail6 able until expended, of which $946,000 shall be deposited

7 into the Utah Reclamation Mitigation and Conservation

8 Account for use by the Utah Reclamation Mitigation and

9 Conservation Commission.

10 In addition, for necessary expenses incurred in car11 rying out related responsibilities of the Secretary of the In12 terior, $1,736,000, to remain available until expended.

13 BUREAU OF RECLAMATION

14 The following appropriations shall be expended to exe15 cute authorized functions of the Bureau of Reclamation:

16 WATER AND RELATED RESOURCES

17 (INCLUDING TRANSFER OF FUNDS)

18 For management, development, and restoration of

19 water and related natural resources and for related activi20 ties, including the operation, maintenance, and rehabilita21 tion of reclamation and other facilities, participation in

22 fulfilling related Federal responsibilities to Native Ameri23 cans, and related grants to, and cooperative and other

24 agreements with, State and local governments, Indian

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

26 expended, of which $63,544,000 shall be available for trans-
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HR 2419 EAS

1 fer to the Upper Colorado River Basin Fund and

2 $21,998,000 shall be available for transfer to the Lower Col3 orado River Basin Development Fund; of which such

4 amounts as may be necessary may be advanced to the Colo5 rado River Dam Fund; of which not more than $500,000

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

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

8 1706: Provided further, That such transfers may be in9 creased or decreased within the overall appropriation under

10 this heading: Provided further, That of the total appro11 priated, the amount for program activities that can be fi12 nanced by the Reclamation Fund or the Bureau of Rec13 lamation special fee account established by 16 U.S.C. 460l–

14 6a(i) shall be derived from that Fund or account: Provided

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

16 available until expended for the purposes for which contrib17 uted: Provided further, That $500,000 is provided to the

18 Bureau of Reclamation to advance the Snyderville Basin

19 Water Supply Study Special Report to a Feasibility Level

20 Study and NEPA compliance for the purpose of providing

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

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

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

24 to this account and are available until expended for the

25 same purposes as the sums appropriated under this head-
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HR 2419 EAS

1 ing: Provided further, That funds available for expenditure

2 for the Departmental Irrigation Drainage Program may be

3 expended by the Bureau of Reclamation for site remediation

4 on a non-reimbursable basis: Provided further, That, of the

5 funds appropriated under this heading, the Secretary of the

6 Army, acting through the Chief of Engineers, shall use not

7 less than $200,000 to initiate preconstruction engineering

8 and design activities for modifications to Laupahoehoe

9 Harbor, Hawaii.

10 CENTRAL VALLEY PROJECT RESTORATION FUND

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

12 habitat restoration, improvement, and acquisition provi13 sions of the Central Valley Project Improvement Act,

14 $52,219,000, to be derived from such sums as may be col15 lected in the Central Valley Project Restoration Fund pur16 suant to sections 3407(d), 3404(c)(3), 3405(f), and

17 3406(c)(1) of Public Law 102–575, to remain available

18 until expended: Provided, That the Bureau of Reclamation

19 is directed to assess and collect the full amount of the addi20 tional mitigation and restoration payments authorized by

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

22 That none of the funds made available under this heading

23 may be used for the acquisition or leasing of water for in24 stream purposes if the water is already committed to in25 stream purposes by a court adopted decree or order.
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HR 2419 EAS

1 CALIFORNIA BAY-DELTA RESTORATION

2 (INCLUDING TRANSFER OF FUNDS)

3 For carrying out activities authorized by the Calfed

4 Bay Delta Authorization Act, consistent with plans to be

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

6 remain available until expended, of which such amounts as

7 may be necessary to carry out such activities may be trans8 ferred to appropriate accounts of other participating Fed9 eral agencies to carry out authorized purposes: Provided,

10 That funds appropriated herein may be used for the Federal

11 share of the costs of CALFED Program management: Pro12 vided further, That the use of any funds provided to the

13 California Bay-Delta Authority for program-wide manage14 ment and oversight activities shall be subject to the approval

15 of the Secretary of the Interior: Provided further, That

16 CALFED implementation shall be carried out in a bal17 anced manner with clear performance measures dem18 onstrating concurrent progress in achieving the goals and

19 objectives of the Program.

20 POLICY AND ADMINISTRATION

21 For necessary expenses of policy, administration, and

22 related functions in the office of the Commissioner, the Den23 ver office, and offices in the five regions of the Bureau of

24 Reclamation, to remain available until expended,

25 $57,917,000, to be derived from the Reclamation Fund and

26 be nonreimbursable as provided in 43 U.S.C. 377: Provided,
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HR 2419 EAS

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

2 be available for activities or functions budgeted as policy

3 and administration expenses.

4 ADMINISTRATIVE PROVISION

5 Appropriations for the Bureau of Reclamation shall

6 be available for purchase of not to exceed 14 passenger

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

8 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

9 SEC. 201. (a) None of the funds appropriated or other10 wise made available by this Act may be used to determine

11 the final point of discharge for the interceptor drain for

12 the San Luis Unit until development by the Secretary of

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

14 shall conform to the water quality standards of the State

15 of California as approved by the Administrator of the Envi16 ronmental Protection Agency, to minimize any detrimental

17 effect of the San Luis drainage waters.

18 (b) The costs of the Kesterson Reservoir Cleanup Pro19 gram and the costs of the San Joaquin Valley Drainage

20 Program shall be classified by the Secretary of the Interior

21 as reimbursable or nonreimbursable and collected until fully

22 repaid pursuant to the ‘‘Cleanup Program-Alternative Re23 payment Plan’’ and the ‘‘SJVDP-Alternative Repayment

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

25 Kesterson Reservoir Cleanup Program and San Joaquin

26 Valley Drainage Program, February 1995’’, prepared by
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HR 2419 EAS

1 the Department of the Interior, Bureau of Reclamation.

2 Any future obligations of funds by the United States relat3 ing to, or providing for, drainage service or drainage stud4 ies for the San Luis Unit shall be fully reimbursable by

5 San Luis Unit beneficiaries of such service or studies pur6 suant to Federal reclamation law.

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

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

9 pay the salaries and expenses of personnel to purchase or

10 lease water in the Middle Rio Grande or the Carlsbad

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

12 compliance with the purchase requirements of section 202

13 of Public Law 106–60.

14 SEC. 203. Funds under this title for Drought Emer15 gency Assistance shall be made available primarily for leas16 ing of water for specified drought related purposes from

17 willing lessors, in compliance with existing State laws and

18 administered under State water priority allocation. Such

19 leases may be entered into with an option to purchase: Pro20 vided, That such purchase is approved by the State in

21 which the purchase takes place and the purchase does not

22 cause economic harm within the State in which the pur23 chase is made.

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

25 the Commissioner of the Bureau of Reclamation, hereafter
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HR 2419 EAS

1 is authorized to enter into grants, cooperative agreements,

2 and other agreements with irrigation or water districts and

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

4 designing, and constructing improvements that will con5 serve water, increase water use efficiency, or enhance water

6 management through measurement or automation, at exist7 ing water supply projects within the States identified in

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

9 Provided, That when such improvements are to federally

10 owned facilities, such funds may be provided in advance

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

12 transferred works or may be deemed non-reimbursable for

13 non-transferred works: Provided further, That the calcula14 tion of the non-Federal contribution shall provide for con15 sideration of the value of any in-kind contributions, but

16 shall not include funds received from other Federal agencies:

17 Provided further, That the cost of operating and maintain18 ing such improvements shall be the responsibility of the

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

20 not supercede any existing project-specific funding author21 ity: Provided further, That the Secretary is also hereafter

22 authorized to enter into grants or cooperative agreements

23 with universities or non-profit research institutions to fund

24 water use efficiency research.
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HR 2419 EAS

1 SEC. 205. RIO GRANDE COLLABORATIVE WATER OP2 ERATIONS TEAM. The Secretary of the Interior, acting

3 through the Commissioner of the Bureau of Reclamation,

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

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

6 agreements with other Federal, State, and non-Federal enti7 ties with water rights in the Rio Grande Basin to form

8 a Collaborative Water Operations Team in order to cooper9 ate on water management and riparian actions in order

10 to optimize the supply of water throughout the basin and

11 meet other Federal obligations. The Rio Grande Collabo12 rative Water Operations Team shall undertake to develop

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

14 within the State of New Mexico that integrates all Federal

15 actions and where possible considers all non-Federal actions

16 for water management including improvement of agri17 culture efficiency, environmental restoration and manage18 ment, ecological improvements and management, scientific

19 investigations, flood control, recreation development and

20 similar water and land management efforts.

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

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

23 (110 Stat. 3624) as amended by section 210 of Public Law

24 108–7 (117 Stat. 146) and by section 6015 of Public Law

25 109–13 is amended by—
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HR 2419 EAS

1 (1) in paragraph (a) by striking ‘‘2005’’ and in2 serting in lieu thereof ‘‘2010’’; and

3 (2) in paragraph (b) by striking ‘‘2005’’ and in4 serting in lieu thereof ‘‘2010’’.

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

6 Water Rights Settlement Act of 1988 as amended (Public

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

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

9 and all that follows through ‘‘following the date of enact10 ment of this section’’ and inserting ‘‘for each of fiscal years

11 2006 through 2012’’.

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

13 Energy and Water Development Appropriations Act, 2004

14 (Public Law 108–137; 117 Stat. 1853), and in accordance

15 with section 804(f) of title VIII of the Clark County Con16 servation of Public Land and Natural Resources Act of

17 2002 (Public Law 107–282; 116 Stat. 2016), the State of

18 Nevada shall not be responsible for any of the payments

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

20 107–282 associated with the conveyance of the Humboldt

21 Project. The State of Nevada shall be subject to the reconvey22 ance provisions contained in the last sentence of section

23 804(f).

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

25 2507 of the Farm and Security Rural Investment Act of
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HR 2419 EAS

1 2002 (Public Law 107–171, Title II, Subtitle F; 116 Stat.

2 275), the Secretary of the Interior, acting through the Com3 missioner of Reclamation, may expend up to $1,000,000 to

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

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

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

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

8 (A) administrative costs;

9 (B) real estate transfer costs; and

10 (C) the costs associated with complying with—

11 (i) the National Environmental Policy Act

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

13 (ii) the National Historic Preservation Act

14 (16 U.S.C. 470 et seq.).

15 (2) The amounts appropriated by this section shall be

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

17 217(a)(3) of Public Law 108–137.

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

19 section 2507 of the Farm and Security Rural Investment

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

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

22 the University of Nevada—

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

24 appurtenant to the land, and related interests in the

25 Walker River Basin, Nevada; and
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HR 2419 EAS

1 (B) to establish and administer an agricultural

2 and natural resources center, the mission of which

3 shall be to undertake research, restoration, and edu4 cational activities in the Walker River Basin relating

5 to—

6 (i) innovative agricultural water conserva7 tion;

8 (ii) cooperative programs for environmental

9 restoration;

10 (iii) fish and wildlife habitat restoration;

11 and

12 (iv) wild horse and burro research and

13 adoption marketing.

14 (2) In acquiring interests under paragraph (1)(A), the

15 University of Nevada shall make acquisitions that the Uni16 versity determines are the most beneficial to—

17 (A) the establishment and operation of the agri18 cultural and natural resources research center author19 ized under paragraph (1)(B); and

20 (B) environmental restoration in the Walker

21 River Basin.

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

23 2507 of the Farm and Security Rural Investment Act of

24 2002 (43 U.S.C. 2211 note; Public Law 107–171), the Sec25 retary shall provide not more than $10,000,000 for a water
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HR 2419 EAS

1 lease and purchase program for the Walker River Paiute

2 Tribe.

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

4 (A) acquired only from willing sellers;

5 (B) designed to maximize water conveyances to

6 Walker Lake; and

7 (C) located only within the Walker River Paiute

8 Indian Reservation.

9 (c) Using amounts made available under section 2507

10 of the Farm and Security Rural Investment Act of 2002

11 (43 U.S.C. 2211 note; Public Law 107–171), the Secretary,

12 acting through the Commissioner of Reclamation, shall

13 provide—

14 (1) $10,000,000 for tamarisk eradication, ripar15 ian area restoration, and channel restoration efforts

16 within the Walker River Basin that are designed to

17 enhance water delivery to Walker Lake, with priority

18 given to activities that are expected to result in the

19 greatest increased water flows to Walker Lake; and

20 (2) $5,000,000 to the United States Fish and

21 Wildlife Service, the Walker River Paiute Tribe, and

22 the Nevada Division of Wildlife to undertake activi23 ties, to be coordinated by the Director of the United

24 States Fish and Wildlife Service, to complete the de25 sign and implementation of the Western Inland Trout
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HR 2419 EAS

1 Initiative and Fishery Improvements in the State of

2 Nevada with an emphasis on the Walker River Basin.

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

4 TO CONDUCT FEASIBILITY STUDY.—

5 (1) FEASIBILITY STUDY.—In accordance with

6 Federal reclamation law, the Secretary of the Interior

7 (referred to as ‘‘Secretary’’), acting through the Bu8 reau of Reclamation and in consultation with the

9 State of Oklahoma, Central Oklahoma Master Conser10 vancy District (referred to as ‘‘District’’), and other

11 interested local entities, is authorized to conduct a

12 study to determine the feasibility of:

13 (A) implementing water augmentation al14 ternatives that would provide additional water

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

16 cities and surrounding area;

17 (B) making use of existing Norman Project

18 infrastructure to store, regulate and deliver

19 water to meet current and future water demands;

20 and

21 (C) increasing the capacity of existing Nor22 man Project infrastructure in order to meet the

23 projected demands.

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

25 cost of the study authorized in this Act shall not ex-
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HR 2419 EAS

1 ceed 50 percent of the total cost of the study, and shall

2 be non-reimbursable.

3 (3) COOPERATIVE AGREEMENTS.—The Secretary

4 is authorized to enter into cooperative agreements

5 with the State of Oklahoma and other appropriate en6 tities to complete the feasibility study authorized in

7 this Act.

8 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

9 authorized to be appropriated to the Secretary such sums

10 as are necessary to carry out the Federal share under sub11 section (a).

12 SEC. 211. Section 207 of Division C of Public Law

13 108–447 is amended by inserting ‘‘, and any effects of infla14 tion thereon,’’ after the word ‘‘increase’’.

15 TITLE III—DEPARTMENT OF ENERGY

16 ENERGY PROGRAMS

17 ENERGY SUPPLY AND CONSERVATION

18 For Department of Energy expenses including the pur19 chase, construction, and acquisition of plant and capital

20 equipment, and other expenses necessary for energy supply

21 and energy conservation activities in carrying out the pur22 poses of the Department of Energy Organization Act (42

23 U.S.C. 7101 et seq.), including the acquisition or con24 demnation of any real property or any facility or for plant
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HR 2419 EAS

1 or facility acquisition, construction, or expansion,

2 $1,945,330,000, to remain available until expended.

3 CLEAN COAL TECHNOLOGY

4 (DEFERRAL)

5 Of the funds made available under this heading for

6 obligation in prior years, $257,000,000 shall not be avail7 able until October 1, 2006: Provided, That funds made

8 available in previous appropriations Acts shall be made

9 available for any ongoing project regardless of the separate

10 request for proposal under which the project was selected.

11 CLEAN CITIES PROGRAM

12 Funding for the Clean Cities program may be provided

13 at no less than the current year level. Within the Clean Cit14 ies program, funding for work to expand E–85 fueling ca15 pacity may also be maintained at no less than the current

16 year level.

17 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

18 For necessary expenses in carrying out fossil energy

19 research and development activities, under the authority of

20 the Department of Energy Organization Act (Public Law

21 95–91), including the acquisition of interest, including de22 feasible and equitable interests in any real property or any

23 facility or for plant or facility acquisition or expansion,

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

25 and operation of aircraft, the purchase, repair, and clean-
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HR 2419 EAS

1 ing of uniforms, the reimbursement to the General Services

2 Administration for security guard services, and for con3 ducting inquiries, technological investigations and research

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

5 mineral substances without objectionable social and envi6 ronmental costs (30 U.S.C. 3, 1602, and 1603),

7 $641,646,000, to remain available until expended, of which

8 $18,000,000 is to continue a multi-year project coordinated

9 with the private sector for FutureGen, without regard to

10 the terms and conditions applicable to clean coal techno11 logical projects: Provided, That the initial planning and

12 research stages of the FutureGen project shall include a

13 matching requirement from non-Federal sources of at least

14 20 percent of the costs: Provided further, That any dem15 onstration component of such project shall require a match16 ing requirement from non-Federal sources of at least 50 per17 cent of the costs of the component: Provided further, That

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

19 coordination with the private sector, for a request for pro20 posals for a Clean Coal Power Initiative providing for com21 petitively-awarded research, development, and demonstra22 tion projects to reduce the barriers to continued and ex23 panded coal use: Provided further, That no project may be

24 selected for which sufficient funding is not available to pro25 vide for the total project: Provided further, That funds shall
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HR 2419 EAS

1 be expended in accordance with the provisions governing

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

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

4 under the heading ‘‘Clean Coal Technology’’ in prior appro5 priations: Provided further, That the Department may in6 clude provisions for repayment of Government contributions

7 to individual projects in an amount up to the Government

8 contribution to the project on terms and conditions that are

9 acceptable to the Department including repayments from

10 sale and licensing of technologies from both domestic and

11 foreign transactions: Provided further, That such repay12 ments shall be retained by the Department for future coal13 related research, development and demonstration projects:

14 Provided further, That any technology selected under this

15 program shall be considered a Clean Coal Technology, and

16 any project selected under this program shall be considered

17 a Clean Coal Technology Project, for the purposes of 42

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

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

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

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

22 gas: Provided further, That up to 4 percent of program di23 rection funds available to the National Energy Technology

24 Laboratory may be used to support Department of Energy

25 activities not included in this account: Provided further,
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HR 2419 EAS

1 That salaries for Federal employees performing research

2 and development activities at the National Energy Tech3 nology Laboratory can continue to be funded from program

4 accounts: Provided further, That the Secretary of Energy

5 is authorized to accept fees and contributions from public

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

7 account, and prosecute projects using such fees and con8 tributions in cooperation with other Federal, State, or pri9 vate agencies or concerns: Provided further, That revenues

10 and other moneys received by or for the account of the De11 partment of Energy or otherwise generated by sale of prod12 ucts in connection with projects of the Department appro13 priated under the Fossil Energy Research and Development

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

15 available until expended, and used only for plant construc16 tion, operation, costs, and payments to cost-sharing entities

17 as provided in appropriate cost-sharing contracts or agree18 ments.

19 NAVAL PETROLEUM AND OIL SHALE RESERVES

20 For expenses necessary to carry out naval petroleum

21 and oil shale reserve activities, including the hire of pas22 senger motor vehicles, $21,500,000, to remain available

23 until expended: Provided, That, notwithstanding any other

24 provision of law, unobligated funds remaining from prior
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HR 2419 EAS

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

2 reserve activities.

3 ELK HILLS SCHOOL LANDS FUND

4 For necessary expenses in fulfilling installment pay5 ments under the Settlement Agreement entered into by the

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

7 1996, as authorized by section 3415 of Public Law 104–

8 106, $48,000,000, for payment to the State of California

9 for the State Teachers’ Retirement Fund, of which

10 $46,000,000 will be derived from the Elk Hills School

11 Lands Fund.

12 STRATEGIC PETROLEUM RESERVE

13 For necessary expenses for Strategic Petroleum Reserve

14 facility development and operations and program manage15 ment activities pursuant to the Energy Policy and Con16 servation Act of 1975, as amended (42 U.S.C. 6201 et seq.),

17 including the hire of passenger motor vehicles, the hire,

18 maintenance, and operation of aircraft, the purchase, re19 pair, and cleaning of uniforms, the reimbursement to the

20 General Services Administration for security guard serv21 ices, $166,000,000, to remain available until expended.

22 ENERGY INFORMATION ADMINISTRATION

23 For necessary expenses in carrying out the activities

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

25 remain available until expended.
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HR 2419 EAS

1 NON-DEFENSE ENVIRONMENTAL CLEANUP

2 For Department of Energy expenses, including the

3 purchase, construction, and acquisition of plant and cap4 ital equipment and other expenses necessary for non-defense

5 environmental cleanup activities in carrying out the pur6 poses of the Department of Energy Organization Act (42

7 U.S.C. 7101 et seq.), including the acquisition or con8 demnation of any real property or any facility or for plant

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

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

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

12 remain available until expended.

13 URANIUM ENRICHMENT DECONTAMINATION AND

14 DECOMMISSIONING FUND

15 For necessary expenses in carrying out uranium en16 richment facility decontamination and decommissioning,

17 remedial actions, and other activities of title II of the Atom18 ic Energy Act of 1954, as amended, and title X, subtitle

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

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

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

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

23 SCIENCE

24 For Department of Energy expenses including the pur25 chase, construction and acquisition of plant and capital
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HR 2419 EAS

1 equipment, and other expenses necessary for science activi2 ties in carrying out the purposes of the Department of En3 ergy Organization Act (42 U.S.C. 7101 et seq.), including

4 the acquisition or condemnation of any real property or

5 facility or for plant or facility acquisition, construction, or

6 expansion, and purchase of not to exceed forty-seven pas7 senger motor vehicles for replacement only, including not

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

9 remain available until expended: Provided, That

10 $250,055,000 is appropriated for the Advanced Scientific

11 Computing Research: Provided further, That $43,000,000

12 may be provided to the Center for Computational Sciences

13 at Oak Ridge National Laboratory: Provided further, That

14 $500,000 may be provided to the Medical University of

15 South Carolina: Provided further, That $500,000 may be

16 provided to the Community College of Southern Nevada

17 Transportation Academy: Provided further, That

18 $3,000,000 may be provided to South Dakota State Univer19 sity.

20 NUCLEAR WASTE DISPOSAL

21 For nuclear waste disposal activities to carry out the

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

23 Law 97–425, as amended (the ‘‘Act’’), including the acqui24 sition of real property or facility construction or expansion,

25 $300,000,000, to remain available until expended and to
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HR 2419 EAS

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

2 of the funds made available in this Act for Nuclear Waste

3 Disposal, $3,500,000 shall be provided to the State of Ne4 vada solely for expenditures, other than salaries and ex5 penses of State employees, to conduct scientific oversight re6 sponsibilities and participate in licensing activities pursu7 ant to the Act: Provided further, That notwithstanding the

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

9 section 117(c) of the Nuclear Waste Policy Act of 1982, Pub10 lic Law 97–425, as amended, not less than $500,000 shall

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

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

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

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

15 activities and participate in licensing activities: Provided

16 further, That the distribution of the funds as determined

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

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

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

20 Nevada Division of Emergency Management by direct pay21 ment and units of local government by direct payment: Pro22 vided further, That within 90 days of the completion of each

23 Federal fiscal year, the Nevada Division of Emergency

24 Management and the Governor of the State of Nevada and

25 each local entity shall provide certification to the Depart-
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HR 2419 EAS

1 ment of Energy that all funds expended from such payments

2 have been expended for activities authorized by the Act and

3 this Act: Provided further, That failure to provide such cer4 tification shall cause such entity to be prohibited from any

5 further funding provided for similar activities: Provided

6 further, That none of the funds herein appropriated may

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

8 action on any matter pending before Congress or a State

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

10 1913; (2) used for litigation expenses; or (3) used to support

11 multi-State efforts or other coalition building activities in12 consistent with the restrictions contained in this Act: Pro13 vided further, That all proceeds and recoveries realized by

14 the Secretary in carrying out activities authorized by the

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

16 sale of assets, shall be available without further appropria17 tion and shall remain available until expended.

18 DEPARTMENTAL ADMINISTRATION

19 (INCLUDING TRANSFER OF FUNDS)

20 For salaries and expenses of the Department of Energy

21 necessary for departmental administration in carrying out

22 the purposes of the Department of Energy Organization Act

23 (42 U.S.C. 7101 et seq.), including the hire of passenger

24 motor vehicles and official reception and representation ex25 penses not to exceed $35,000, $280,976,000, to remain
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1 available until expended, plus such additional amounts as

2 necessary to cover increases in the estimated amount of cost

3 of work for others notwithstanding the provisions of the

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

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

6 increases of the same or greater amount, to remain avail7 able until expended: Provided further, That moneys received

8 by the Department for miscellaneous revenues estimated to

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

10 used for operating expenses within this account, and may

11 remain available until expended, as authorized by section

12 201 of Public Law 95–238, notwithstanding the provisions

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

14 appropriated shall be reduced by the amount of miscella15 neous revenues received during fiscal year 2006, and any

16 related unappropriated receipt account balances remaining

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

18 a final fiscal year 2006 appropriation from the general

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

20 OFFICE OF THE INSPECTOR GENERAL

21 For necessary expenses of the Office of the Inspector

22 General in carrying out the provisions of the Inspector Gen23 eral Act of 1978, as amended, $43,000,000, to remain avail24 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 $6,574,024,000 to remain available until expended: Pro16 vided, that the $65,564,000 is authorized to be appropriated

17 for Project 01–D–108, Microsystems and Engineering

18 Science Applications (MESA), Sandia National Labora19 tories, 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; $645,001,000, 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 SEC. 317. That the Committee directs the Government

4 Accountability Office to undertake a study of the Office of

5 Science Fusion Energy program in order to define the roles

6 of the major domestic facilities, DIIID, Alcator C-Mod, and

7 NSTX in the support of the International Thermoelectric

8 Reactor program, including making recommendations that

9 may include the possible shutdown or consolidation of oper10 ations or focus of these facilities to maximize their value

11 to the International Thermoelectric Reactor program: Pro12 vided, That given the major international commitment to

13 International Thermoelectric Reactor and the tokamak con14 cept, the GAO shall consider any other magnetic fusion con15 finement system as a possible fusion demonstration facility

16 that will follow International Thermoelectric Reactor and

17 given the major National Nuclear Security Administration

18 investment in the physics of Inertial Confinement Fusion,

19 the GAO shall evaluate the opportunities for the Office of

20 Science to develop the appropriate science and technology

21 to leverage the National Nuclear Security Administration

22 investment as an alternative to the tokamak concept.

23 SEC. 318. Of amounts appropriated to the Secretary

24 of Energy for the Rocky Flats Environmental Technology

25 Site for fiscal year 2006, the Secretary may provide no
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1 more than $10,000,000 for the purchase of mineral rights

2 at the Rocky Flats Environmental Technology Site.

3 SEC. 319. Of amounts appropriated to the Secretary

4 of Energy for the Rocky Flats Environmental Technology

5 Site for fiscal year 2006, the Secretary may provide not

6 more than $15,000,000 to provide regular and early retire7 ment benefits to workers at the Rocky Flats Environmental

8 Technology Site.

9 SEC. 320. Notwithstanding Department of Energy

10 order 413.2A, dated January 8, 2001, beginning in fiscal

11 year 2006 and thereafter, the Savannah River National

12 Laboratory may be eligible for laboratory directed research

13 and development funding.

14 TITLE IV—INDEPENDENT AGENCIES

15 APPALACHIAN REGIONAL COMMISSION

16 For expenses necessary to carry out the programs au17 thorized by the Appalachian Regional Development Act of

18 1965, as amended, for necessary expenses for the Federal

19 Co-Chairman and the alternate on the Appalachian Re20 gional Commission, for payment of the Federal share of the

21 administrative expenses of the Commission, including serv22 ices as authorized by 5 U.S.C. 3109, and hire of passenger

23 motor vehicles, $65,482,000, to remain available until ex24 pended.
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1 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

2 SALARIES AND EXPENSES

3 For necessary expenses of the Defense Nuclear Facili4 ties Safety Board in carrying out activities authorized by

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

6 100–456, section 1441, $22,032,000, to remain available

7 until expended.

8 DELTA REGIONAL AUTHORITY

9 SALARIES AND EXPENSES

10 For necessary expenses of the Delta Regional Authority

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

12 Regional Authority Act of 2000, as amended, notwith13 standing sections 382C(b)(2), 382F(d), and 382M(b) of said

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

15 DENALI COMMISSION

16 For expenses of the Denali Commission including the

17 purchase, construction and acquisition of plant and capital

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

19 nothwithstanding the limitations contained in section

20 306(g) of the Denali Commission Act of 1998, $2,562,000,

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

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

23 for community showers and washeteria in villages with

24 homes with no running water; $13,000,000 is for the Ju25 neau/Green’s Creek/Hoonah Intertie project; $3,000,000 for
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HR 2419 EAS

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

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

3 Falls Creek Hydroelectric project; $5,000,000 is for multi4 purpose community facilities including the Bering Straits

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

6 Eclutna, and Anchor Point; $10,000,000 is for teacher hous7 ing in remote villages such as Savoogna, Allakakaet,

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

9 limited housing available for teachers; $7,000,000 is for fa10 cilities serving Native elders and senior citizens; and

11 $5,000,000 is for: (1) the Rural Communications service to

12 provide broadcast facilities in communities with no tele13 vision or radio station; (2) the Public Broadcasting Digital

14 Distribution Network to link rural broadcasting facilities

15 together to improve economies of scale, share programming,

16 and reduce operating costs; and (3) rural public broad17 casting facilities and equipment upgrades.

18 NUCLEAR REGULATORY COMMISSION

19 SALARIES AND EXPENSES

20 For necessary expenses of the Commission in carrying

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

22 as amended, and the Atomic Energy Act of 1954, as amend23 ed, including official representation expenses (not to exceed

24 $15,000), purchase of promotional items for use in the re25 cruitment of individuals for employment, $734,376,000, to
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1 remain available until expended: Provided, That of the

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

3 from the Nuclear Waste Fund: Provided further, That reve4 nues from licensing fees, inspection services, and other serv5 ices and collections estimated at $598,643,000 in fiscal year

6 2006 shall be retained and used for necessary salaries and

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

8 and shall remain available until expended: Provided fur9 ther, That the sum herein appropriated shall be reduced by

10 the amount of revenues received during fiscal year 2006 so

11 as to result in a final fiscal year 2006 appropriation esti12 mated at not more than $135,733,000: Provided further,

13 That section 6101 of the Omnibus Budget Reconciliation

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

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

16 OFFICE OF INSPECTOR GENERAL

17 For necessary expenses of the Office of Inspector Gen18 eral in carrying out the provisions of the Inspector General

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

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

21 inspection services, and other services and collections esti22 mated at $7,485,000 in fiscal year 2006 shall be retained

23 and be available until expended, for necessary salaries and

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

25 Provided further, That the sum herein appropriated shall

26 be reduced by the amount of revenues received during fiscal
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HR 2419 EAS

1 year 2006 so as to result in a final fiscal year 2006 appro2 priation estimated at not more than $831,000.

3 NUCLEAR WASTE TECHNICAL REVIEW BOARD

4 SALARIES AND EXPENSES

5 For necessary expenses of the Nuclear Waste Technical

6 Review Board, as authorized by Public Law 100–203, sec7 tion 5051, $3,608,000, to be derived from the Nuclear Waste

8 Fund, and to remain available until expended.

9 TITLE V—GENERAL PROVISION

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

11 Act may be transferred to any department, agency, or in12 strumentality of the United States Government, except pur13 suant to a transfer made by, or transfer authority provided

14 in, this Act or any other appropriation Act.

15 SEC. 502. None of the funds made available by this

16 or a prior Act shall be used to award a fully-funded con17 tinuing contract, in a case in which continuing contract

18 authority is applicable, unless the Chief of Engineers cer19 tifies that—

20 (1) the contract can be awarded and completed

21 in the same fiscal year;

22 (2) the contract can be completed shortly after

23 the end of the fiscal year in which the contract was

24 awarded, but only if the amount necessary to fully
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1 fund the contract is identified as surplus, or excess,

2 to the program needs of that fiscal year; or

3 (3) future funding for the project is uncertain.

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

Attest:

Secretary.
109TH CONGRESS

1ST SESSION H. R. 2419

AMENDMENT