109TH CONGRESS 

1ST SESSION H. R. 2419

AN ACT

Making appropriations for energy and water development 

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

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 2419 EH 

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: 

5 TITLE I 

6 CORPS OF ENGINEERS—CIVIL 

7 DEPARTMENT OF THE ARMY 

8 CORPS OF ENGINEERS—CIVIL

9 The following appropriations shall be expended under 

10 the direction of the Secretary of the Army and the super11 vision of the Chief of Engineers for authorized civil func12 tions of the Department of the Army pertaining to rivers 

13 and harbors, flood and storm damage reduction, aquatic 

14 ecosystem restoration, and related purposes. 

15 GENERAL INVESTIGATIONS

16 For expenses necessary for the collection and study 

17 of basic information pertaining to river and harbor, flood 

18 and storm damage reduction, aquatic ecosystem restora19 tion, and related projects, restudy of authorized projects, 

20 miscellaneous investigations, and, when authorized by law, 

21 surveys and detailed studies and plans and specifications 

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

23 available until expended: Provided, That, except as pro24 vided in section 101 of this Act, the amounts made avail25 able under this paragraph shall be expended as authorized 
3

•HR 2419 EH 

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

2 accompanying this Act. 

3 CONSTRUCTION

4 For expenses necessary for the construction of river 

5 and harbor, flood and storm damage reduction, aquatic 

6 ecosystem restoration, and related projects authorized by 

7 law; for conducting detailed studies, and plans and speci8 fications, of such projects (including those involving par9 ticipation by States, local governments, or private groups) 

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

11 detailed studies, and plans and specifications, shall not 

12 constitute a commitment of the Government to construc13 tion); and for the benefit of federally listed species to ad14 dress the effects of civil works projects owned or operated 

15 by the United States Army Corps of Engineers, 

16 $1,763,000,000, to remain available until expended; of 

17 which such sums as are necessary to cover the Federal 

18 share of construction costs for facilities under the Dredged 

19 Material Disposal Facilities program shall be derived from 

20 the Harbor Maintenance Trust Fund as authorized by 

21 Public Law 104–303; and of which $182,668,000, pursu22 ant to Public Law 99–662, shall be derived from the In23 land Waterways Trust Fund, to cover one-half of the costs 

24 of construction and rehabilitation of inland waterways 

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

•HR 2419 EH 

1 projects and activities authorized under section 107 of the 

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

3 shall be exclusively for projects and activities authorized 

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

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

6 and activities authorized under section 103 of the River 

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

8 be exclusively available for projects and activities author9 ized under section 205 of the Flood Control Act of 1948; 

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

11 and activities authorized under section 14 of the Flood 

12 Control Act of 1946; and of which $400,000 shall be ex13 clusively for projects and activities authorized under sec14 tion 208 of the Flood Control Act of 1954; and of which 

15 $17,400,000 shall be exclusively for projects and activities 

16 authorized under section 1135 of the Water Resources De17 velopment Act of 1986; and of which $18,000,000 shall 

18 be exclusively for projects and activities authorized under 

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

20 which $4,000,000 shall be exclusively for projects and ac21 tivities authorized under section 204 of the Water Re22 sources Act of 1992: Provided, That, except as provided 

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

24 under this paragraph shall be expended as authorized in 
5

•HR 2419 EH 

1 law for the projects and activities specified in the report 

2 accompanying this Act. 

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

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

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

6 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, 

7 ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS8 SISSIPPI, MISSOURI, AND TENNESSEE

9 For expenses necessary for the flood damage reduc10 tion program for the Mississippi River alluvial valley below 

11 Cape Girardeau, Missouri, as authorized by law, 

12 $290,000,000 to remain available until expended, of which 

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

14 operation and maintenance costs for inland harbors shall 

15 be derived from the Harbor Maintenance Trust Fund: 

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

17 Act, the amounts made available under this paragraph 

18 shall be expended as authorized in law for the projects 

19 and activities specified in the report accompanying this 

20 Act. 

21 OPERATION AND MAINTENANCE

22 For expenses necessary for the operation, mainte23 nance, and care of existing river and harbor, flood and 

24 storm damage reduction, aquatic ecosystem restoration, 

25 and related projects authorized by law; for the benefit of 
6

•HR 2419 EH 

1 federally listed species to address the effects of civil works 

2 projects owned or operated by the United States Army 

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

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

5 the Corps, including administrative buildings and facili6 ties, laboratories, and the Washington Aqueduct; for the 

7 maintenance of harbor channels provided by a State, mu8 nicipality, or other public agency that serve essential navi9 gation needs of general commerce, where authorized by 

10 law; and for surveys and charting of northern and north11 western lakes and connecting waters, clearing and 

12 straightening channels, and removal of obstructions to 

13 navigation, $2,000,000,000 to remain available until ex14 pended, of which such sums to cover the Federal share 

15 of operation and maintenance costs for coastal harbors 

16 and channels, and inland harbors shall be derived from 

17 the Harbor Maintenance Trust Fund, pursuant to Public 

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

19 sums as become available from the special account for the 

20 Corps established by the Land and Water Conservation 

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

22 derived from that account for resource protection, re23 search, interpretation, and maintenance activities related 

24 to resource protection in the areas at which outdoor recre25 ation is available; and of which such sums as become avail-
7

•HR 2419 EH 

1 able under section 217 of the Water Resources Develop2 ment Act of 1996, Public Law 104–303, shall be used to 

3 cover the cost of operation and maintenance of the 

4 dredged material disposal facilities for which fees have 

5 been collected: Provided, That, except as provided in sec6 tion 101 of this Act, the amounts made available under 

7 this paragraph shall be expended as authorized in law for 

8 the projects and activities specified in the report accom9 panying this Act. 

10 REGULATORY PROGRAM

11 For expenses necessary for administration of laws 

12 pertaining to regulation of navigable waters and wetlands, 

13 $160,000,000, to remain available until expended. 

14 FORMERLY UTILIZED SITES REMEDIAL ACTION

15 PROGRAM

16 For expenses necessary to clean up contamination 

17 from sites in the United States resulting from work per18 formed as part of the Nation’s early atomic energy pro19 gram, $140,000,000, to remain available until expended. 

20 GENERAL EXPENSES

21 For expenses necessary for general administration 

22 and related civil works functions in the headquarters of 

23 the United States Army Corps of Engineers, the offices 

24 of the Division Engineers, the Humphreys Engineer Cen25 ter Support Activity, the Institute for Water Resources, 
8

•HR 2419 EH 

1 the United States Army Engineer Research and Develop2 ment Center, and the United States Army Corps of Engi3 neers Finance Center, $152,021,000 to remain available 

4 until expended: Provided, That no part of any other appro5 priation provided in this Act shall be available to fund the 

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

7 or the civil works executive direction and management ac8 tivities of the division offices. 

9 OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL

10 WORKS) 

11 For expenses necessary for the Office of Assistant 

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

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

14 ADMINISTRATIVE PROVISION

15 Appropriations in this title shall be available for offi16 cial reception and representation expenses not to exceed 

17 $5,000; and during the current fiscal year the Revolving 

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

19 not to exceed 100 for replacement only and hire of pas20 senger motor vehicles. 

21 GENERAL PROVISIONS 

22 CORPS OF ENGINEERS—CIVIL

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

24 of this Act shall be available for obligation or expenditure 

25 through a reprogramming of funds that—
9

•HR 2419 EH 

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

2 or activity; 

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

4 (3) increases funds or personnel for any pro5 gram, project, or activity for which funds are denied 

6 or restricted by this Act; 

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

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

9 Act; 

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

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

12 whichever is less; or 

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

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

15 whichever is less. 

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

17 or activity authorized under section 205 of the Flood Con18 trol Act of 1948, section 14 of the Flood Control Act of 

19 1946, section 208 of the Flood Control Act of 1954, sec20 tion 107 of the River and Harbor Act of 1960, section 

21 103 of the River and Harbor Act of 1962, section 111 

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

23 Water Resources Development Act of 1986, section 206 

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

25 the Water Resources Act of 1992. 
10

•HR 2419 EH 

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

2 may be used by the United States Army Corps of Engi3 neers to support activities related to the proposed Ridge 

4 Landfill in Tuscarawas County, Ohio. 

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

6 may be used by the United States Army Corps of Engi7 neers to support activities related to the proposed Indian 

8 Run Sanitary Landfill in Sandy Township, Stark County, 

9 Ohio. 

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

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

12 any continuing contract or to make modifications to any 

13 existing continuing contract that obligates the United 

14 States Government during fiscal year 2007 to make pay15 ment under such contract for any project that is proposed 

16 for deferral or suspension in fiscal year 2007 in the mate17 rials prepared by the Assistant Secretary of the Army 

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

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

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

21 I of this Act may be used to award any continuing con22 tract or to make modifications to any existing continuing 

23 contract that reserves an amount for a project in excess 

24 of the amount appropriated for such project pursuant to 

25 this Act. 
11

•HR 2419 EH 

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

2 shall be available for the rehabilitation and lead and asbes3 tos abatement of the dredge McFarland: Provided, That 

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

5 by $18,630,000. 

6 SEC. 107. None of the funds in this Act may be ex7 pended by the Secretary of the Army to construct the Port 

8 Jersey element of the New York and New Jersey Harbor 

9 or to reimburse the local sponsor for the construction of 

10 the Port Jersey element until commitments for construc11 tion of container handling facilities are obtained from the 

12 non-Federal sponsor for a second user along the Port Jer13 sey element. 

14 TITLE II 

15 DEPARTMENT OF THE INTERIOR 

16 CENTRAL UTAH PROJECT

17 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

18 For carrying out activities authorized by the Central 

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

20 available until expended, of which $946,000 shall be de21 posited into the Utah Reclamation Mitigation and Con22 servation Account for use by the Utah Reclamation Miti23 gation and Conservation Commission. 
12

•HR 2419 EH 

1 In addition, for necessary expenses incurred in car2 rying out related responsibilities of the Secretary of the 

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

4 BUREAU OF RECLAMATION

5 WATER AND RELATED RESOURCES

6 (INCLUDING TRANSFER OF FUNDS)

7 For management, development, and restoration of 

8 water and related natural resources and for related activi9 ties, including the operation, maintenance, and rehabilita10 tion of reclamation and other facilities, participation in 

11 fulfilling related Federal responsibilities to Native Ameri12 cans, and related grants to, and cooperative and other 

13 agreements with, State and local governments, Indian 

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

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

16 transfer to the Upper Colorado River Basin Fund and 

17 $21,998,000 shall be available for transfer to the Lower 

18 Colorado River Basin Development Fund; of which such 

19 amounts as may be necessary may be advanced to the Col20 orado River Dam Fund; of which not more than $500,000 

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

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

23 1706: Provided, That such transfers may be increased or 

24 decreased within the overall appropriation under this 

25 heading: Provided further, That of the total appropriated, 
13

•HR 2419 EH 

1 the amount for program activities that can be financed 

2 by the Reclamation Fund or the Bureau of Reclamation 

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

4 shall be derived from that Fund or account: Provided fur5 ther, That funds contributed under 43 U.S.C. 395 are 

6 available until expended for the purposes for which con7 tributed: Provided further, That funds advanced under 43 

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

9 available until expended for the same purposes as the 

10 sums appropriated under this heading: Provided further, 

11 That funds available for expenditure for the Departmental 

12 Irrigation Drainage Program may be expended by the Bu13 reau of Reclamation for site remediation on a non-reim14 bursable basis. 

15 CENTRAL VALLEY PROJECT RESTORATION FUND

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

17 habitat restoration, improvement, and acquisition provi18 sions of the Central Valley Project Improvement Act, 

19 $52,219,000, to be derived from such sums as may be col20 lected in the Central Valley Project Restoration Fund pur21 suant to sections 3407(d), 3404(c)(3), 3405(f), and 

22 3406(c)(1) of Public Law 102–575, to remain available 

23 until expended: Provided, That the Bureau of Reclamation 

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

25 additional mitigation and restoration payments authorized 
14

•HR 2419 EH 

1 by section 3407(d) of Public Law 102–575: Provided fur2 ther, That none of the funds made available under this 

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

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

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

6 CALIFORNIA BAY-DELTA RESTORATION

7 (INCLUDING TRANSFER OF FUNDS)

8 For carrying out activities authorized by the Calfed 

9 Bay Delta Authorization Act, consistent with plans to be 

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

11 to remain available until expended, of which such amounts 

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

13 transferred to appropriate accounts of other participating 

14 Federal agencies to carry out authorized purposes: Pro15 vided, That funds appropriated herein may be used for 

16 the Federal share of the costs of CALFED Program man17 agement: Provided further, That the use of any funds pro18 vided to the California Bay-Delta Authority for program19 wide management and oversight activities shall be subject 

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

21 further, That CALFED implementation shall be carried 

22 out in a balanced manner with clear performance meas23 ures demonstrating concurrent progress in achieving the 

24 goals and objectives of the Program. 
15

•HR 2419 EH 

1 POLICY AND ADMINISTRATION

2 For necessary expenses of policy, administration, and 

3 related functions in the office of the Commissioner, the 

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

5 of Reclamation, to remain available until expended, 

6 $57,917,000, to be derived from the Reclamation Fund 

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

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

9 Act shall be available for activities or functions budgeted 

10 as policy and administration expenses. 

11 ADMINISTRATIVE PROVISION

12 Appropriations for the Bureau of Reclamation shall 

13 be available for purchase of not to exceed 14 passenger 

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

15 GENERAL PROVISIONS 

16 DEPARTMENT OF THE INTERIOR

17 SEC. 201. (a) None of the funds appropriated or oth18 erwise made available by this Act may be used to deter19 mine the final point of discharge for the interceptor drain 

20 for the San Luis Unit until development by the Secretary 

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

22 shall conform to the water quality standards of the State 

23 of California as approved by the Administrator of the En24 vironmental Protection Agency, to minimize any detri25 mental effect of the San Luis drainage waters. 
16

•HR 2419 EH 

1 (b) The costs of the Kesterson Reservoir Cleanup 

2 Program and the costs of the San Joaquin Valley Drain3 age Program shall be classified by the Secretary of the 

4 Interior as reimbursable or nonreimbursable and collected 

5 until fully repaid pursuant to the ‘‘Cleanup Program-Al6 ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 

7 Repayment Plan’’ described in the report entitled ‘‘Repay8 ment Report, Kesterson Reservoir Cleanup Program and 

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

10 prepared by the Department of the Interior, Bureau of 

11 Reclamation. Any future obligations of funds by the 

12 United States relating to, or providing for, drainage serv13 ice or drainage studies for the San Luis Unit shall be fully 

14 reimbursable by San Luis Unit beneficiaries of such serv15 ice or studies pursuant to Federal reclamation law. 

16 SEC. 202. None of the funds appropriated or other17 wise made available by this or any other Act may be used 

18 to pay the salaries and expenses of personnel to purchase 

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

20 Projects in New Mexico unless said purchase or lease is 

21 in compliance with the purchase requirements of section 

22 202 of Public Law 106–60. 

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

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

25 adding at the end the following: ‘‘The Secretary is author-
17

•HR 2419 EH 

1 ized to enter into an agreement or agreements with the 

2 city of Needles or the Imperial Irrigation District for the 

3 design and construction of the remaining stages of the 

4 Lower Colorado Water Supply Project on or after Novem5 ber 1, 2004, and the Secretary shall ensure that any such 

6 agreement or agreements include provisions setting forth: 

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

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

9 wells, discharge pipelines, and power transmission lines; 

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

11 per year which is the authorized capacity less the design 

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

13 and requirements for approval and acceptance by the Sec14 retary of the remaining stages, including approval of the 

15 quality of construction, measures to protect the public 

16 health and safety, and procedures for protection of such 

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

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

19 agreement.’’. 

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

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

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

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

24 the Secretary is further authorized to contract with addi25 tional persons or entities who hold Boulder Canyon 
18

•HR 2419 EH 

1 Project Act section 5 contracts for municipal and indus2 trial uses within the State of California for the use or ben3 efit of Project water under such terms as the Secretary 

4 determines will benefit the interest of Project users along 

5 the Colorado River.’’. 

6 TITLE III 

7 DEPARTMENT OF ENERGY 

8 ENERGY PROGRAMS 

9 ENERGY SUPPLY AND CONSERVATION

10 For Department of Energy expenses including the 

11 purchase, construction, and acquisition of plant and cap12 ital equipment, and other expenses necessary for energy 

13 supply and energy conservation activities in carrying out 

14 the purposes of the Department of Energy Organization 

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

16 condemnation of any real property or any facility or for 

17 plant or facility acquisition, construction, or expansion, 

18 $1,762,888,000 (increased by $1,000,000), to remain 

19 available until expended. 

20 CLEAN COAL TECHNOLOGY

21 (DEFERRAL)

22 Of the funds made available under this heading for 

23 obligation in prior years, $257,000,000 shall not be avail24 able until October 1, 2006: Provided, That funds made 

25 available in previous appropriations Acts shall be made 
19

•HR 2419 EH 

1 available for any ongoing project regardless of the sepa2 rate request for proposal under which the project was se3 lected. 

4 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

5 For necessary expenses in carrying out fossil energy 

6 research and development activities, under the authority 

7 of the Department of Energy Organization Act (Public 

8 Law 95–91), including the acquisition of interest, includ9 ing defeasible and equitable interests in any real property 

10 or any facility or for plant or facility acquisition or expan11 sion, the hire of passenger motor vehicles, the hire, main12 tenance, and operation of aircraft, the purchase, repair, 

13 and cleaning of uniforms, the reimbursement to the Gen14 eral Services Administration for security guard services, 

15 and for conducting inquiries, technological investigations 

16 and research concerning the extraction, processing, use, 

17 and disposal of mineral substances without objectionable 

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

19 1603), $502,467,000, to remain available until expended, 

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

21 coordinated with the private sector for FutureGen, with22 out regard to the terms and conditions applicable to clean 

23 coal technological projects: Provided, That the initial plan24 ning and research stages of the FutureGen project shall 

25 include a matching requirement from non-Federal sources 
20

•HR 2419 EH 

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

2 any demonstration component of such project shall require 

3 a matching requirement from non-Federal sources of at 

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

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

6 available, after coordination with the private sector, for 

7 a request for proposals for a Clean Coal Power Initiative 

8 providing for competitively-awarded research, develop9 ment, and demonstration projects to reduce the barriers 

10 to continued and expanded coal use: Provided further, 

11 That no project may be selected for which sufficient fund12 ing is not available to provide for the total project: Pro13 vided further, That funds shall be expended in accordance 

14 with the provisions governing the use of funds contained 

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

16 5903d as well as those contained under the heading 

17 ‘‘Clean Coal Technology’’ in prior appropriations: Pro18 vided further, That the Department may include provisions 

19 for repayment of Government contributions to individual 

20 projects in an amount up to the Government contribution 

21 to the project on terms and conditions that are acceptable 

22 to the Department including repayments from sale and li23 censing of technologies from both domestic and foreign 

24 transactions: Provided further, That such repayments shall 

25 be retained by the Department for future coal-related re-
21

•HR 2419 EH 

1 search, development and demonstration projects: Provided 

2 further, That any technology selected under this program 

3 shall be considered a Clean Coal Technology, and any 

4 project selected under this program shall be considered a 

5 Clean Coal Technology Project, for the purposes of 42 

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

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

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

9 for the field testing of nuclear explosives in the recovery 

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

11 program direction funds available to the National Energy 

12 Technology Laboratory may be used to support Depart13 ment of Energy activities not included in this account: 

14 Provided further, That the Secretary of Energy is author15 ized to accept fees and contributions from public and pri16 vate sources, to be deposited in a contributed funds ac17 count, and prosecute projects using such fees and con18 tributions in cooperation with other Federal, State, or pri19 vate agencies or concerns: Provided further, That revenues 

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

21 Department of Energy or otherwise generated by sale of 

22 products in connection with projects of the Department 

23 appropriated under the Fossil Energy Research and De24 velopment account may be retained by the Secretary of 

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

•HR 2419 EH 

1 plant construction, operation, costs, and payments to cost2 sharing entities as provided in appropriate cost-sharing 

3 contracts or agreements. 

4 NAVAL PETROLEUM AND OIL SHALE RESERVES

5 For expenses necessary to carry out naval petroleum 

6 and oil shale reserve activities, including the hire of pas7 senger motor vehicles, $18,500,000, to remain available 

8 until expended: Provided, That, notwithstanding any other 

9 provision of law, unobligated funds remaining from prior 

10 years shall be available for all naval petroleum and oil 

11 shale reserve activities. 

12 ELK HILLS SCHOOL LANDS FUND

13 For necessary expenses in fulfilling installment pay14 ments under the Settlement Agreement entered into by 

15 the United States and the State of California on October 

16 11, 1996, as authorized by section 3415 of Public Law 

17 104–106, $48,000,000, for payment to the State of Cali18 fornia for the State Teachers’ Retirement Fund, of which 

19 $46,000,000 will be derived from the Elk Hills School 

20 Lands Fund. 

21 STRATEGIC PETROLEUM RESERVE

22 For necessary expenses for Strategic Petroleum Re23 serve facility development and operations and program 

24 management activities pursuant to the Energy Policy and 

25 Conservation Act of 1975, as amended (42 U.S.C. 6201 
23

•HR 2419 EH 

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

2 the hire, maintenance, and operation of aircraft, the pur3 chase, repair, and cleaning of uniforms, the reimburse4 ment to the General Services Administration for security 

5 guard services, $166,000,000, to remain available until ex6 pended. 

7 ENERGY INFORMATION ADMINISTRATION

8 For necessary expenses in carrying out the activities 

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

10 to remain available until expended. 

11 NON-DEFENSE ENVIRONMENTAL CLEANUP

12 For Department of Energy expenses, including the 

13 purchase, construction, and acquisition of plant and cap14 ital equipment and other expenses necessary for non-de15 fense environmental cleanup activities in carrying out the 

16 purposes of the Department of Energy Organization Act 

17 (42 U.S.C. 7101 et seq.), including the acquisition or con18 demnation of any real property or any facility or for plant 

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

20 purchase of not to exceed six passenger motor vehicles, 

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

22 to remain available until expended. 
24

•HR 2419 EH 

1 URANIUM ENRICHMENT DECONTAMINATION AND

2 DECOMMISSIONING FUND

3 For necessary expenses in carrying out uranium en4 richment facility decontamination and decommissioning, 

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

6 Atomic Energy Act of 1954, as amended, and title X, sub7 title A, of the Energy Policy Act of 1992, $591,498,000, 

8 to be derived from the Fund, to remain available until ex9 pended, of which $20,000,000 shall be available in accord10 ance with title X, subtitle A, of the Energy Policy Act 

11 of 1992. 

12 SCIENCE

13 For Department of Energy expenses including the 

14 purchase, construction and acquisition of plant and capital 

15 equipment, and other expenses necessary for science ac16 tivities in carrying out the purposes of the Department 

17 of Energy Organization Act (42 U.S.C. 7101 et seq.), in18 cluding the acquisition or condemnation of any real prop19 erty or facility or for plant or facility acquisition, construc20 tion, or expansion, and purchase of not to exceed forty21 seven passenger motor vehicles for replacement only, in22 cluding not to exceed one ambulance and two buses, 

23 $3,666,055,000, to remain available until expended. 
25

•HR 2419 EH 

1 NUCLEAR WASTE DISPOSAL

2 For nuclear waste disposal activities to carry out the 

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

4 Law 97–425, as amended (the ‘‘Act’’), including the ac5 quisition of real property or facility construction or expan6 sion, $310,000,000, to remain available until expended 

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

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

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

10 of Nevada solely for expenditures, other than salaries and 

11 expenses of State employees, to conduct scientific over12 sight responsibilities and participate in licensing activities 

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

14 shall be provided to affected units of local governments, 

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

16 participate in licensing activities: Provided further, That 

17 the distribution of the funds as determined by the units 

18 of local government shall be approved by the Department 

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

20 of Nevada shall be made available solely to the Nevada 

21 Division of Emergency Management by direct payment 

22 and units of local government by direct payment: Provided 

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

24 Federal fiscal year, the Nevada Division of Emergency 

25 Management and the Governor of the State of Nevada and 
26

•HR 2419 EH 

1 each local entity shall provide certification to the Depart2 ment of Energy that all funds expended from such pay3 ments have been expended for activities authorized by the 

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

5 such certification shall cause such entity to be prohibited 

6 from any further funding provided for similar activities: 

7 Provided further, That none of the funds herein appro8 priated may be: (1) used directly or indirectly to influence 

9 legislative action on any matter pending before Congress 

10 or a State legislature or for lobbying activity as provided 

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

12 used to support multi-State efforts or other coalition 

13 building activities inconsistent with the restrictions con14 tained in this Act: Provided further, That all proceeds and 

15 recoveries realized by the Secretary in carrying out activi16 ties authorized by the Act, including but not limited to, 

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

18 without further appropriation and shall remain available 

19 until expended. 

20 DEPARTMENTAL ADMINISTRATION

21 (INCLUDING TRANSFER OF FUNDS)

22 For salaries and expenses of the Department of En23 ergy necessary for departmental administration in car24 rying out the purposes of the Department of Energy Orga25 nization Act (42 U.S.C. 7101 et seq.), including the hire 
27

•HR 2419 EH 

1 of passenger motor vehicles and official reception and rep2 resentation expenses not to exceed $35,000, $253,909,000 

3 (reduced by $1,000,000), to remain available until ex4 pended, plus such additional amounts as necessary to 

5 cover increases in the estimated amount of cost of work 

6 for others notwithstanding the provisions of the Anti-Defi7 ciency Act (31 U.S.C. 1511 et seq.): Provided, That such 

8 increases in cost of work are offset by revenue increases 

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

10 expended: Provided further, That moneys received by the 

11 Department for miscellaneous revenues estimated to total 

12 $123,000,000 in fiscal year 2006 may be retained and 

13 used for operating expenses within this account, and may 

14 remain available until expended, as authorized by section 

15 201 of Public Law 95–238, notwithstanding the provisions 

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

17 appropriated shall be reduced by the amount of miscella18 neous revenues received during fiscal year 2006, and any 

19 related unappropriated receipt account balances remaining 

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

21 in a final fiscal year 2006 appropriation from the general 

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

23 OFFICE OF THE INSPECTOR GENERAL

24 For necessary expenses of the Office of the Inspector 

25 General in carrying out the provisions of the Inspector 
28

•HR 2419 EH 

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

2 available until expended. 

3 ATOMIC ENERGY DEFENSE ACTIVITIES 

4 NATIONAL NUCLEAR SECURITY ADMINISTRATION

5 WEAPONS ACTIVITIES

6 (INCLUDING TRANSFER OF FUNDS)

7 For Department of Energy expenses, including the 

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

10 atomic energy defense weapons activities in carrying out 

11 the purposes of the Department of Energy Organization 

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

13 condemnation of any real property or any facility or for 

14 plant or facility acquisition, construction, or expansion; 

15 and the purchase of not to exceed 40 passenger motor ve16 hicles, for replacement only, including not to exceed two 

17 buses; $6,181,121,000, to remain available until ex18 pended. 

19 DEFENSE NUCLEAR NONPROLIFERATION

20 For Department of Energy expenses, including the 

21 purchase, construction, and acquisition of plant and cap22 ital equipment and other incidental expenses necessary for 

23 atomic energy defense, defense nuclear nonproliferation 

24 activities, in carrying out the purposes of the Department 

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

•HR 2419 EH 

1 cluding the acquisition or condemnation of any real prop2 erty or any facility or for plant or facility acquisition, con3 struction, or expansion, $1,500,959,000, to remain avail4 able until expended. 

5 NAVAL REACTORS

6 For Department of Energy expenses necessary for 

7 naval reactors activities to carry out the Department of 

8 Energy Organization Act (42 U.S.C. 7101 et seq.), includ9 ing the acquisition (by purchase, condemnation, construc10 tion, or otherwise) of real property, plant, and capital 

11 equipment, facilities, and facility expansion, 

12 $799,500,000, to remain available until expended. 

13 OFFICE OF THE ADMINISTRATOR

14 For necessary expenses of the Office of the Adminis15 trator in the National Nuclear Security Administration, 

16 including official reception and representation expenses 

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

18 until expended. 

19 ENVIRONMENTAL AND OTHER DEFENSE 

20 ACTIVITIES 

21 DEFENSE ENVIRONMENTAL CLEANUP

22 For Department of Energy expenses, including the 

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

25 energy defense environmental cleanup activities in car-
30

•HR 2419 EH 

1 rying out the purposes of the Department of Energy Orga2 nization Act (42 U.S.C. 7101 et seq.), including the acqui3 sition or condemnation of any real property or any facility 

4 or for plant or facility acquisition, construction, or expan5 sion, $6,468,336,000, to remain available until expended. 

6 OTHER DEFENSE ACTIVITIES

7 For Department of Energy expenses, including the 

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

10 energy defense, other defense activities, and classified ac11 tivities, in carrying out the purposes of the Department 

12 of Energy Organization Act (42 U.S.C. 7101 et seq.), in13 cluding the acquisition or condemnation of any real prop14 erty or any facility or for plant or facility acquisition, con15 struction, or expansion, and the purchase of not to exceed 

16 ten passenger motor vehicles for replacement only, includ17 ing not to exceed two buses; $702,498,000, to remain 

18 available until expended. 

19 DEFENSE NUCLEAR WASTE DISPOSAL

20 For nuclear waste disposal activities to carry out the 

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

22 the acquisition of real property or facility construction or 

23 expansion, $351,447,000, to remain available until ex24 pended. 
31

•HR 2419 EH 

1 POWER MARKETING ADMINISTRATIONS 

2 BONNEVILLE POWER ADMINISTRATION FUND

3 Expenditures from the Bonneville Power Administra4 tion Fund, established pursuant to Public Law 93–454, 

5 are approved for official reception and representation ex6 penses in an amount not to exceed $1,500. During fiscal 

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

8 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

9 ADMINISTRATION

10 For necessary expenses of operation and maintenance 

11 of power transmission facilities and of electric power and 

12 energy, including transmission wheeling and ancillary 

13 services pursuant to section 5 of the Flood Control Act 

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

15 power area, $5,600,000, to remain available until ex16 pended: Provided, That, notwithstanding 31 U.S.C. 3302, 

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

18 Administration pursuant to the Flood Control Act of 1944 

19 to recover purchase power and wheeling expenses shall be 

20 credited to this account as offsetting collections, to remain 

21 available until expended for the sole purpose of making 

22 purchase power and wheeling expenditures. 
32

•HR 2419 EH 

1 OPERATION AND MAINTENANCE, SOUTHWESTERN

2 POWER ADMINISTRATION

3 For necessary expenses of operation and maintenance 

4 of power transmission facilities and of marketing electric 

5 power and energy, for construction and acquisition of 

6 transmission lines, substations and appurtenant facilities, 

7 and for administrative expenses, including official recep8 tion and representation expenses in an amount not to ex9 ceed $1,500 in carrying out section 5 of the Flood Control 

10 Act of 1944 (16 U.S.C. 825s), as applied to the south11 western power administration, $31,401,000, to remain 

12 available until expended: Provided, That, notwithstanding 

13 31 U.S.C. 3302, up to $1,235,000 collected by the South14 western Power Administration pursuant to the Flood Con15 trol Act to recover purchase power and wheeling expenses 

16 shall be credited to this account as offsetting collections, 

17 to remain available until expended for the sole purpose 

18 of making purchase power and wheeling expenditures. 

19 CONSTRUCTION, REHABILITATION, OPERATION AND

20 MAINTENANCE, WESTERN AREA POWER ADMINIS21 TRATION

22 For carrying out the functions authorized by title III, 

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

24 U.S.C. 7152), and other related activities including con25 servation and renewable resources programs as author-
33

•HR 2419 EH 

1 ized, including official reception and representation ex2 penses in an amount not to exceed $1,500; $226,992,000, 

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

4 shall be derived from the Department of the Interior Rec5 lamation Fund: Provided, That of the amount herein ap6 propriated, $6,000,000 shall be available until expended 

7 on a nonreimbursable basis to the Western Area Power 

8 Administration for Topock-Davis-Mead Transmission 

9 Line Upgrades: Provided further, That notwithstanding 

10 the provision of 31 U.S.C. 3302, up to $148,500,000 col11 lected by the Western Area Power Administration pursu12 ant to the Flood Control Act of 1944 and the Reclamation 

13 Project Act of 1939 to recover purchase power and wheel14 ing expenses shall be credited to this account as offsetting 

15 collections, to remain available until expended for the sole 

16 purpose of making purchase power and wheeling expendi17 tures. 

18 FALCON AND AMISTAD OPERATING AND MAINTENANCE

19 FUND

20 For operation, maintenance, and emergency costs for 

21 the hydroelectric facilities at the Falcon and Amistad 

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

23 and to be derived from the Falcon and Amistad Operating 

24 and Maintenance Fund of the Western Area Power Ad-
34

•HR 2419 EH 

1 ministration, as provided in section 423 of the Foreign 

2 Relations Authorization Act, Fiscal Years 1994 and 1995. 

3 FEDERAL ENERGY REGULATORY COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses of the Federal Energy Regu6 latory Commission to carry out the provisions of the De7 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

9 the hire of passenger motor vehicles, and official reception 

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

11 $220,400,000, to remain available until expended: Pro12 vided, That notwithstanding any other provision of law, 

13 not to exceed $220,400,000 of revenues from fees and an14 nual charges, and other services and collections in fiscal 

15 year 2006 shall be retained and used for necessary ex16 penses in this account, and shall remain available until 

17 expended: Provided further, That the sum herein appro18 priated from the general fund shall be reduced as revenues 

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

20 final fiscal year 2006 appropriation from the general fund 

21 estimated at not more than $0. 

22 GENERAL PROVISIONS 

23 DEPARTMENT OF ENERGY 

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

25 other appropriations Act for fiscal year 2006 or any pre-
35

•HR 2419 EH 

1 vious fiscal year may be used to make payments for a non2 competitive management and operating contract unless 

3 the Secretary of Energy has published in the Federal Reg4 ister and submitted to the Committees on Appropriations 

5 of the House of Representatives and the Senate a written 

6 notification, with respect to each such contract, of the Sec7 retary’s decision to use competitive procedures for the 

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

9 the term of the contract expires. 

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

11 up to 2 years of a noncompetitive management and oper12 ating contract, if the extension is for purposes of allowing 

13 time to award competitively a new contract, to provide 

14 continuity of service between contracts, or to complete a 

15 contract that will not be renewed. 

16 (b) In this section: 

17 (1) The term ‘‘noncompetitive management and 

18 operating contract’’ means a contract that was 

19 awarded more than 50 years ago without competi20 tion for the management and operation of Ames 

21 Laboratory, Argonne National Laboratory, Lawrence 

22 Berkeley National Laboratory, Lawrence Livermore 

23 National Laboratory, and Los Alamos National Lab24 oratory. 
36

•HR 2419 EH 

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

2 meaning provided in section 4 of the Office of Fed3 eral Procurement Policy Act (41 U.S.C. 403) and 

4 includes procedures described in section 303 of the 

5 Federal Property and Administrative Services Act of 

6 1949 (41 U.S.C. 253) other than a procedure that 

7 solicits a proposal from only one source. 

8 (c) For all management and operating contracts 

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

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

11 management and operating contract, or award a signifi12 cant extension or expansion to an existing management 

13 and operating contract, unless such contract is awarded 

14 using competitive procedures or the Secretary of Energy 

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

16 a deviation. The Secretary may not delegate the authority 

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

18 award for which the Secretary intends to grant such a 

19 waiver, the Secretary shall submit to the Committees on 

20 Appropriations of the House of Representatives and the 

21 Senate a report notifying the Committees of the waiver 

22 and setting forth, in specificity, the substantive reasons 

23 why the Secretary believes the requirement for competition 

24 should be waived for this particular award. 
37

•HR 2419 EH 

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

2 may be used to—

3 (1) develop or implement a workforce restruc4 turing plan that covers employees of the Department 

5 of Energy; or 

6 (2) provide enhanced severance payments or 

7 other benefits for employees of the Department of 

8 Energy, under section 3161 of the National Defense 

9 Authorization Act for Fiscal Year 1993 (Public Law 

10 102–484; 42 U.S.C. 7274h). 

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

12 may be used to augment the funds made available for obli13 gation by this Act for severance payments and other bene14 fits and community assistance grants under section 3161 

15 of the National Defense Authorization Act for Fiscal Year 

16 1993 (Public Law 102–484; 42 U.S.C. 7274h) unless the 

17 Department of Energy submits a reprogramming request 

18 to the appropriate congressional committees. 

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

20 may be used to prepare or initiate Requests For Proposals 

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

22 by Congress. 

23 (TRANSFERS OF UNEXPENDED BALANCES)

24 SEC. 305. The unexpended balances of prior appro25 priations provided for activities in this Act may be trans26 ferred to appropriation accounts for such activities estab-
38

•HR 2419 EH 

1 lished pursuant to this title. Balances so transferred may 

2 be merged with funds in the applicable established ac3 counts and thereafter may be accounted for as one fund 

4 for the same time period as originally enacted. 

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

6 for the Administrator of the Bonneville Power Administra7 tion may be used to enter into any agreement to perform 

8 energy efficiency services outside the legally defined Bon9 neville service territory, with the exception of services pro10 vided internationally, including services provided on a re11 imbursable basis, unless the Administrator certifies in ad12 vance that such services are not available from private sec13 tor businesses. 

14 SEC. 307. When the Department of Energy makes 

15 a user facility available to universities or other potential 

16 users, or seeks input from universities or other potential 

17 users regarding significant characteristics or equipment in 

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

19 shall ensure broad public notice of such availability or 

20 such need for input to universities and other potential 

21 users. When the Department of Energy considers the par22 ticipation of a university or other potential user as a for23 mal partner in the establishment or operation of a user 

24 facility, the Department shall employ full and open com25 petition in selecting such a partner. For purposes of this 
39

•HR 2419 EH 

1 section, the term ‘‘user facility’’ includes, but is not lim2 ited to: (1) a user facility as described in section 

3 2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 

4 13503(a)(2)); (2) a National Nuclear Security Adminis5 tration Defense Programs Technology Deployment Cen6 ter/User Facility; and (3) any other Departmental facility 

7 designated by the Department as a user facility. 

8 SEC. 308. The Administrator of the National Nuclear 

9 Security Administration may authorize the manager of a 

10 covered nuclear weapons research, development, testing or 

11 production facility to engage in research, development, 

12 and demonstration activities with respect to the engineer13 ing and manufacturing capabilities at such facility in 

14 order to maintain and enhance such capabilities at such 

15 facility: Provided, That of the amount allocated to a cov16 ered nuclear weapons facility each fiscal year from 

17 amounts available to the Department of Energy for such 

18 fiscal year for national security programs, not more than 

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

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

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

22 means the following: 

23 (1) the Kansas City Plant, Kansas City, Mis24 souri;

25 (2) the Y–12 Plant, Oak Ridge, Tennessee;
40

•HR 2419 EH 

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

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

3 and 

4 (5) the Nevada Test Site. 

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

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

7 Act, for intelligence activities are deemed to be specifically 

8 authorized by the Congress for purposes of section 504 

9 of the National Security Act of 1947 (50 U.S.C. 414) dur10 ing fiscal year 2006 until the enactment of the Intelligence 

11 Authorization Act for fiscal year 2006. 

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

13 Act may be used to select a site for the Modern Pit Facil14 ity during fiscal year 2006. 

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

16 III of this Act shall be for the Department of Energy na17 tional laboratories and production plants for Laboratory 

18 Directed Research and Development (LDRD), Plant Di19 rected Research and Development (PDRD), and Site Di20 rected Research and Development (SDRD) activities in 

21 excess of $250,000,000. 

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

23 III of this Act shall be for Department of Energy Labora24 tory Directed Research and Development (LDRD), Plant 

25 Directed Research and Development (PDRD), and Site 
41

•HR 2419 EH 

1 Directed Research and Development (SDRD) activities for 

2 project costs incurred as Indirect Costs by Major Facility 

3 Operating Contractors. 

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

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

6 research and development activities at Department of En7 ergy laboratories on behalf of other Federal agencies. 

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

9 Department of Energy under this Act shall be used to im10 plement or finance authorized price support or loan guar11 antee programs unless specific provision is made for such 

12 programs in an appropriations Act. 

13 TITLE IV 

14 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 

21 the administrative expenses of the Commission, including 

22 services as authorized by 5 U.S.C. 3109, and hire of pas23 senger motor vehicles, $38,500,000, to remain available 

24 until expended. 
42

•HR 2419 EH 

1 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

2 SALARIES AND EXPENSES

3 For necessary expenses of the Defense Nuclear Fa4 cilities Safety Board in carrying out activities authorized 

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

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

7 available until expended. 

8 DELTA REGIONAL AUTHORITY

9 SALARIES AND EXPENSES

10 For necessary expenses of the Delta Regional Author11 ity and to carry out its activities, as authorized by the 

12 Delta Regional Authority Act of 2000, as amended, not13 withstanding sections 382C(b)(2), 382F(d), and 382M(b) 

14 of said Act, $6,000,000, to remain available until ex15 pended. 

16 DENALI COMMISSION

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

18 to remain available until expended. 

19 NUCLEAR REGULATORY COMMISSION

20 SALARIES AND EXPENSES

21 For necessary expenses of the Commission in car22 rying out the purposes of the Energy Reorganization Act 

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

24 as amended, including official representation expenses 

25 (not to exceed $15,000), and purchase of promotional 
43

•HR 2419 EH 

1 items for use in the recruitment of individuals for employ2 ment, $714,376,000, to remain available until expended: 

3 Provided, That of the amount appropriated herein, 

4 $66,717,000 shall be derived from the Nuclear Waste 

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

6 inspection services, and other services and collections esti7 mated at $580,643,000 in fiscal year 2006 shall be re8 tained and used for necessary salaries and expenses in this 

9 account, notwithstanding 31 U.S.C. 3302, and shall re10 main available until expended: Provided further, That the 

11 sum herein appropriated shall be reduced by the amount 

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

13 in a final fiscal year 2006 appropriation estimated at not 

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

15 6101 of the Omnibus Budget Reconciliation Act of 1990 

16 is amended by inserting before the period in subsection 

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

18 OFFICE OF INSPECTOR GENERAL

19 For necessary expenses of the Office of Inspector 

20 General in carrying out the provisions of the Inspector 

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

22 available until expended: Provided, That revenues from li23 censing fees, inspection services, and other services and 

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

25 shall be retained and be available until expended, for nec-
44

•HR 2419 EH 

1 essary salaries and expenses in this account, notwith2 standing 31 U.S.C. 3302: Provided further, That the sum 

3 herein appropriated shall be reduced by the amount of rev4 enues received during fiscal year 2006 so as to result in 

5 a final fiscal year 2006 appropriation estimated at not 

6 more than $831,000. 

7 NUCLEAR WASTE TECHNICAL REVIEW BOARD

8 SALARIES AND EXPENSES

9 For necessary expenses of the Nuclear Waste Tech10 nical Review Board, as authorized by Public Law 100–

11 203, section 5051, $3,608,000, to be derived from the Nu12 clear Waste Fund, and to remain available until expended.

13 TITLE V 

14 GENERAL PROVISIONS 

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

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

17 congressional action on any legislation or appropriation 

18 matters pending before Congress, other than to commu19 nicate to Members of Congress as described in 18 U.S.C. 

20 1913. 

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

22 Act may be transferred to any department, agency, or in23 strumentality of the United States Government, except 

24 pursuant to a transfer made by, or transfer authority pro25 vided in this Act or any other appropriation Act. 
45

•HR 2419 EH 

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

2 Act shall be used by the Nuclear Regulatory Commission 

3 to contract with or reimburse any Nuclear Regulatory 

4 Commission licensee or the Nuclear Energy Institute with 

5 respect to matters relating to the security of production 

6 facilities or utilization facilities (within the meaning of the 

7 Atomic Energy Act of 1954). 

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

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

10 agreement obligating the United States to contribute 

11 funds to ITER, the international burning plasma fusion 

12 research project in which the President announced United 

13 States participation on January 30, 2003. 

14 This Act may be cited as the ‘‘Energy and Water De15 velopment Appropriations Act, 2006’’.

Passed the House of Representatives May 24, 2005. 

Attest:

Clerk. 

109TH CONGRESS 

1ST SESSION H. R. 2419

AN ACT

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