II 

Calendar No. 504 

109TH CONGRESS 

2D SESSION H.R. 5427 

[Report No. 109–274] 

IN THE SENATE OF THE UNITED STATES 

MAY 25, 2006 

Received; read twice and referred to the Committee on Appropriations 

JUNE 29, 2006 

Reported by Mr. DOMENICI, with an amendment and an amendment to the 

title 

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

AN ACT 

Making appropriations for energy and water development 

for the fiscal year ending September 30, 2007, and for 

other purposes. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2007, for energy and 

6 water development and for other purposes, namely: 
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1 TITLE I 

2 CORPS OF ENGINEERS—CIVIL 

3 DEPARTMENT OF THE ARMY 

4 CORPS OF ENGINEERS—CIVIL

5 The following appropriations shall be expended under 

6 the direction of the Secretary of the Army and the super7 vision of the Chief of Engineers for authorized civil func8 tions of the Department of the Army pertaining to rivers 

9 and harbors, flood control, shore protection and storm 

10 damage reduction, aquatic ecosystem restoration, and re11 lated purposes. 

12 INVESTIGATIONS

13 For expenses necessary for the collection and study 

14 of basic information pertaining to river and harbor, flood 

15 control, shore protection and storm damage reduction, 

16 aquatic ecosystem restoration, and related projects, re17 study of authorized projects, miscellaneous investigations, 

18 and, when authorized by law, surveys and detailed studies 

19 and plans and specifications of projects prior to construc20 tion, $128,000,000, to remain available until expended: 

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

22 Act, the amounts made available under this paragraph 

23 shall be expended in accordance with the terms and condi24 tions specified in the report accompanying this Act. 
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1 CONSTRUCTION

2 (INCLUDING RESCISSION)

3 For expenses necessary for the construction of river 

4 and harbor, flood control, shore protection and storm 

5 damage reduction, aquatic ecosystem restoration, and re6 lated projects authorized by law; for conducting detailed 

7 studies, and plans and specifications, of such projects (in8 cluding those involving participation by States, local gov9 ernments, or private groups) authorized or made eligible 

10 for selection by law (but such detailed studies, and plans 

11 and specifications, shall not constitute a commitment of 

12 the Government to construction); $1,947,171,000, to re13 main available until expended; of which such sums as are 

14 necessary pursuant to Public Law 99–662 shall be derived 

15 from the Inland Waterways Trust Fund, to cover one-half 

16 of the costs of construction and rehabilitation of inland 

17 waterways projects; and of which $8,000,000 shall be ex18 clusively for projects and activities authorized under sec19 tion 107 of the River and Harbor Act of 1960; and of 

20 which $2,000,000 shall be exclusively for projects and ac21 tivities authorized under section 103 of the River and Har22 bor Act of 1962; and of which $29,933,000 shall be exclu23 sively available for projects and activities authorized under 

24 section 205 of the Flood Control Act of 1948; and of 

25 which $15,000,000 shall be exclusively for projects and ac-
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1 tivities authorized under section 14 of the Flood Control 

2 Act of 1946; and of which $25,000,000 shall be exclusively 

3 for projects and activities authorized under section 1135 

4 of the Water Resources Development Act of 1986; and of 

5 which $25,000,000 shall be exclusively for projects and ac6 tivities authorized under section 206 of the Water Re7 sources Development Act of 1996; and of which 

8 $2,500,000 shall be for projects and activities authorized 

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

10 and of which $5,000,000 shall be for projects and activi11 ties authorized under section 204 of the Water Resources 

12 Act of 1992: Provided, That $35,000,000 shall be avail13 able for projects and activities authorized under 16 U.S.C. 

14 410r–8: Provided further, That, of the funds provided 

15 under the heading ‘‘Construction’’ in title I of Public Law 

16 109–103, $56,046,000 is rescinded, to be derived from the 

17 unobligated balances of the amounts made available for 

18 the following projects in Louisiana: Grand Isle and Vicin19 ity, Lake Pontchartrain and Vicinity, Larose to Golden 

20 Meadow, New Orleans to Venice, Southeast Louisiana, 

21 and West Bank and Vicinity: Provided further, That, ex22 cept as provided in section 101 of this Act, the amounts 

23 made available under this paragraph shall be expended in 

24 accordance with the terms and conditions specified in the 

25 report accompanying this Act. 
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1 MISSISSIPPI RIVER AND TRIBUTARIES

2 For expenses necessary for the program for the Mis3 sissippi River alluvial valley below Cape Girardeau, Mis4 souri, as authorized by law, $290,607,000, to remain 

5 available until expended, of which such sums as are nec6 essary to cover the Federal share of operation and mainte7 nance costs for inland harbors shall be derived from the 

8 Harbor Maintenance Trust Fund: Provided, That, except 

9 as provided in section 101 of this Act, the amounts made 

10 available under this paragraph shall be expended in ac11 cordance with the terms and conditions specified in the 

12 report accompanying this Act. 

13 OPERATION AND MAINTENANCE

14 For expenses necessary for the operation, mainte15 nance, and care of existing river and harbor, flood and 

16 storm damage reduction, aquatic ecosystem restoration, 

17 and related projects authorized by law, including the con18 struction of facilities, projects, or features (including is19 lands and wetlands) to use materials dredged during Fed20 eral navigation maintenance activities; the mitigation of 

21 impacts on shorelines resulting from Federal navigation 

22 operation and maintenance activities; the benefit of feder23 ally listed species to address the effects of any civil works 

24 project under the jurisdiction of the Corps on any such 

25 species on project land within the watershed or operational 
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1 reach of the project; providing security for infrastructure 

2 owned and operated by, or on behalf of, the Corps, includ3 ing administrative buildings and facilities, and labora4 tories; the maintenance of harbor channels provided by a 

5 State, municipality, or other public agency that serve es6 sential navigation needs of general commerce, where au7 thorized by law; and surveys and charting of northern and 

8 northwestern lakes and connecting waters, clearing and 

9 straightening channels, and removal of obstructions to 

10 navigation, $2,195,471,000, to remain available until ex11 pended, of which $45,078,000 shall be for projects and 

12 activities in Region 1 New England; of which 

13 $143,250,000 shall be for projects and activities in Region 

14 2 Mid Atlantic; of which $297,043,000 shall be for 

15 projects and activities in Region 3 South Atlantic Gulf; 

16 of which $101,407,000 shall be for projects and activities 

17 in Region 4 Great Lakes; of which $252,886,000 shall be 

18 for projects and activities in Region 5 Ohio; of which 

19 $21,301,000 shall be for projects and activities in Region 

20 6 Tennessee; of which $233,803,000 shall be for projects 

21 and activities in Region 7 Upper Mississippi; of which 

22 $147,021,000 shall be for projects and activities in Region 

23 8 Lower Mississippi; of which $2,999,000 shall be for 

24 projects and activities in Region 9 Souris-Red-Rainy; of 

25 which $151,180,000 shall be for projects and activities in 
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1 Region 10 Missouri; of which $178,084,000 shall be for 

2 projects and activities in Region 11 Arkansas-White-Red; 

3 of which $141,113,000 shall be for projects and activities 

4 in Region 12 Texas-Gulf; of which $10,209,000 shall be 

5 for projects and activities in Region 13 Rio Grande; of 

6 which $722,000 shall be for projects and activities in Re7 gion 14 Upper Colorado; of which $3,327,000 shall be for 

8 projects and activities in Region 15 Lower Colorado; of 

9 which $761,000 shall be for projects and activities in Re10 gion 16 Great Basin; of which $242,593,000 shall be for 

11 projects and activities in Region 17 Pacific Northwest; of 

12 which $102,461,000 shall be for projects and activities in 

13 Region 18 California; of which $22,204,000 shall be for 

14 projects and activities in Region 19 Alaska; of which 

15 $1,995,000 shall be for projects and activities in Region 

16 20 Hawaii; of which $4,000,000 shall be for projects and 

17 activities in Region 21 Caribbean; of which such sums as 

18 are necessary to cover the Federal share of eligible oper19 ations and maintenance shall be derived from the Harbor 

20 Maintenance Trust Fund of which such sums as become 

21 available from the special account for the Corps estab22 lished by the Land and Water Conservation Act of 1965, 

23 as amended (16 U.S.C. 460l–6a(i)), shall be used for re24 source protection, research, interpretation, and mainte25 nance activities related to resource protection in areas op-
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HR 5427 RS 

1 erated by the Corps at which outdoor recreation is avail2 able; and of which such sums as become available under 

3 section 217 of the Water Resources Development Act of 

4 1996, Public Law 104–303, shall be used to cover the cost 

5 of operation and maintenance of the dredged material dis6 posal facilities for which fees have been collected: Pro7 vided, That, except as provided in section 101 of this Act, 

8 the amounts made available under this paragraph shall be 

9 expended in accordance with the terms and conditions 

10 specified in the report accompanying this Act. 

11 REGULATORY PROGRAM

12 For expenses necessary for administration of laws 

13 pertaining to regulation of navigable waters and wetlands, 

14 $173,000,000, to remain available until expended. 

15 FORMERLY UTILIZED SITES REMEDIAL ACTION

16 PROGRAM

17 For expenses necessary to clean up contamination 

18 from sites in the United States resulting from work per19 formed as part of the Nation’s early atomic energy pro20 gram, $130,000,000, to remain available until expended. 

21 FLOOD CONTROL AND COASTAL EMERGENCIES

22 For expenses necessary to prepare for flood, hurri23 cane, and other natural disasters and support emergency 

24 operations, repairs, and other activities in response to 
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1 flood and hurricane emergencies, as authorized by law, 

2 $32,000,000, to remain available until expended. 

3 GENERAL EXPENSES

4 For expenses necessary for general administration 

5 and related civil works functions in the headquarters of 

6 the United States Army Corps of Engineers, the offices 

7 of the Division Engineers, the Humphreys Engineer Cen8 ter Support Activity, the Institute for Water Resources, 

9 the United States Army Engineer Research and Develop10 ment Center, and the United States Army Corps of Engi11 neers Finance Center, $142,100,000, to remain available 

12 until expended: Provided, That no part of any other appro13 priation provided in title I of this Act shall be available 

14 to fund the civil works activities of the Office of the Chief 

15 of Engineers or the civil works executive direction and 

16 management activities of the offices of the Division Engi17 neers: Provided further, That, of the funds provided under 

18 this heading, $10,000,000 shall be transferred to ‘‘Oper19 ation and Maintenance’’ upon the expiration of the 30- 

20 day period following the date of enactment of this Act if, 

21 during such period, the Secretary of the Army has not 

22 submitted to the Committees on Appropriations of the 

23 House of Representatives and the Senate a report summa24 rizing outstanding reprogramming commitments of the 
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1 Corps of Engineers for fiscal years 2000 through 2006 

2 on a project by project basis. 

3 OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL

4 WORKS) 

5 For expenses necessary for the Office of Assistant 

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

7 U.S.C. 3016(b)(3), $1,500,000: Provided, That, of the 

8 funds provided under this heading, $1,000,000 shall be 

9 transferred to ‘‘Operation and Maintenance’’ upon the ex10 piration of the 30-day period following the date of enact11 ment of this Act if, during such period, the Secretary of 

12 the Army has not submitted to the Committees on Appro13 priations of the House of Representatives and the Senate 

14 a report summarizing outstanding reprogramming com15 mitments of the Corps of Engineers for fiscal years 2000 

16 through 2006 on a project by project basis. 

17 ADMINISTRATIVE PROVISION

18 Appropriations in this title shall be available for offi19 cial reception and representation expenses not to exceed 

20 $5,000; and during the current fiscal year the Revolving 

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

22 not to exceed 100 for replacement only and hire of pas23 senger motor vehicles. 
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1 GENERAL PROVISIONS 

2 CORPS OF ENGINEERS—CIVIL

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

4 of this Act shall be available for obligation or expenditure 

5 through a reprogramming of funds that— 

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

7 or activity; 

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

9 (3) increases funds for any program, project, or 

10 activity for which funds have been denied or re11 stricted by this Act; 

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

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

14 Act; 

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

16 activity by more than $2,000,000 or 25 percent, 

17 whichever is less; or 

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

19 activity by more than $2,000,000 or 25 percent, 

20 whichever is less. 

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

22 or activity authorized under section 205 of the Flood Con23 trol Act of 1948; section 14 of the Flood Control Act of 

24 1946; section 208 of the Flood Control Act of 1954; sec25 tion 107 of the River and Harbor Act of 1960; section 
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1 103 of the River and Harbor Act of 1962; section 111 

2 of the River and Harbor Act of 1968; section 1135 of the 

3 Water Resources Development Act of 1986; section 206 

4 of the Water Resources Development Act of 1996; sections 

5 204 and 207 of the Water Resources Development Act of 

6 1992 or section 933 of the Water Resources Development 

7 Act of 1986. 

8 SEC. 102. None of the funds made available in title 

9 I of this Act may be used to award any continuing con10 tract or to make modifications to any existing continuing 

11 contract that commits an amount for a project in excess 

12 of the amount appropriated for such project pursuant to 

13 this Act: Provided, That the amounts appropriated in this 

14 Act may be modified pursuant to the authorities provided 

15 in section 101 of this Act or through the application of 

16 unobligated balances for such project. 

17 SEC. 103. None of the funds provided in this Act may 

18 be expended by the Secretary of the Army to construct 

19 the Port Jersey element of the New York and New Jersey 

20 Harbor or to reimburse the local sponsor for the construc21 tion of the Port Jersey element until commitments for 

22 construction of container handling facilities are obtained 

23 from the non-Federal sponsor for a second user along the 

24 Port Jersey element. 
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1 SEC. 104. (a) None of the funds provided in this Act 

2 shall be available for operation and maritime maintenance 

3 of the hopper dredge McFarland. 

4 (b) Subsection (a) shall not apply to funds required 

5 for the decommissioning of the vessel. 

6 SEC. 105. None of the funds provided in this Act may 

7 be expended to prevent or limit any reprogramming of 

8 funds for a project to be carried out by the Corps of Engi9 neers, based on whether the project was included by the 

10 President in the budget transmitted under section 1105(a) 

11 of title 31, United States Code, or is otherwise proposed 

12 by the President or considered part of the budget by the 

13 Office of Management and Budget. 

14 SEC. 106. None of the funds provided in this Act may 

15 be used to repay the Department of Treasury’s Judgment 

16 Fund for past judgments against the United States on 

17 Civil Works contracts and real estate acquisitions that 

18 have been financed by the Judgment Fund. 

19 SEC. 107. None of the funds provided in this Act may 

20 be used to implement an A–76 study or similar privatiza21 tion process for Corps personnel employed to operate or 

22 maintain locks and dams. 

23 SEC. 108. None of the funds in this Act may be used 

24 to further work on the Corps of Engineers proposal to re25 move a section of the dam for fish passage or to study 
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1 other alternatives to the trap and haul facility at Elk 

2 Creek Dam, Oregon. 

3 TITLE II 

4 DEPARTMENT OF THE INTERIOR 

5 CENTRAL UTAH PROJECT 

6 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

7 For carrying out activities authorized by the Central 

8 Utah Project Completion Act, $38,552,000, to remain 

9 available until expended, of which $965,000 shall be de10 posited into the Utah Reclamation Mitigation and Con11 servation Account for use by the Utah Reclamation Miti12 gation and Conservation Commission. 

13 In addition, for necessary expenses incurred in car14 rying out related responsibilities of the Secretary of the 

15 Interior, $1,603,000, to remain available until expended. 

16 BUREAU OF RECLAMATION

17 The following appropriations shall be expended to 

18 execute authorized functions of the Bureau of Reclama19 tion: 

20 WATER AND RELATED RESOURCES

21 (INCLUDING TRANSFER OF FUNDS AND RESCISSION)

22 For management, development, and restoration of 

23 water and related natural resources and for related activi24 ties, including the operation, maintenance, and rehabilita25 tion of reclamation and other facilities, participation in 
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1 fulfilling related Federal responsibilities to Native Ameri2 cans, and related grants to, and cooperative and other 

3 agreements with, State and local governments, Indian 

4 tribes, and others, $849,122,000, to remain available until 

5 expended, of which $57,298,000 shall be available for 

6 transfer to the Upper Colorado River Basin Fund and 

7 $26,952,000 shall be available for transfer to the Lower 

8 Colorado River Basin Development Fund; of which such 

9 amounts as may be necessary may be advanced to the Col10 orado River Dam Fund; of which not more than $500,000 

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

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

13 1706: Provided, That such transfers may be increased or 

14 decreased within the overall appropriation under this 

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

16 the amount for program activities that can be financed 

17 by the Reclamation Fund or the Bureau of Reclamation 

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

19 shall be derived from that Fund or account: Provided fur20 ther, That funds contributed under 43 U.S.C. 395 are 

21 available until expended for the purposes for which con22 tributed: Provided further, That funds advanced under 43 

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

24 available until expended for the same purposes as the 

25 sums appropriated under this heading: Provided further, 
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HR 5427 RS 

1 That funds available for expenditure for the Departmental 

2 Irrigation Drainage Program may be expended by the Bu3 reau of Reclamation for site remediation on a non-reim4 bursable basis: Provided further, That from unobligated 

5 balances made available under section 2507 of the Farm 

6 Security and Rural Investment Act of 2002 for the Bu7 reau of Reclamation’s At Risk Terminal Lakes Program, 

8 $88,000,000 are rescinded: Provided further, That 

9 $10,000,000 of the funds provided herein shall be depos10 ited in the San Gabriel Restoration Fund established by 

11 section 1110 of division B, title I of Public Law 106–554 

12 as amended: Provided further, That of the sums provided 

13 herein, $1,000,000 shall be used for assessing the feasi14 bility of relocating the Highway 49 bridge, Auburn-Folsom 

15 South Unit of the Central Valley Project. 

16 CENTRAL VALLEY PROJECT RESTORATION FUND

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

18 habitat restoration, improvement, and acquisition provi19 sions of the Central Valley Project Improvement Act, 

20 $41,478,000, to be derived from such sums as may be col21 lected in the Central Valley Project Restoration Fund pur22 suant to sections 3407(d), 3404(c)(3), 3405(f), and 

23 3406(c)(1) of Public Law 102–575, to remain available 

24 until expended: Provided, That the Bureau of Reclamation 

25 is directed to assess and collect the full amount of the 
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1 additional mitigation and restoration payments authorized 

2 by section 3407(d) of Public Law 102–575: Provided fur3 ther, That none of the funds made available under this 

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

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

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

7 CALIFORNIA BAY-DELTA RESTORATION

8 (INCLUDING TRANSFER OF FUNDS)

9 For carrying out activities authorized by the Water 

10 Supply, Reliability, and Environmental Improvement Act, 

11 Public Law 108–361, consistent with plans to be approved 

12 by the Secretary of the Interior, $40,110,000, to remain 

13 available until expended, of which such amounts as may 

14 be necessary to carry out such activities may be trans15 ferred to appropriate accounts of other participating Fed16 eral agencies to carry out authorized purposes: Provided, 

17 That funds appropriated herein may be used for the Fed18 eral share of the costs of CALFED Program management: 

19 Provided further, That the use of any funds provided to 

20 the California Bay-Delta Authority for program-wide 

21 management and oversight activities shall be subject to 

22 the approval of the Secretary of the Interior: Provided fur23 ther, That CALFED implementation shall be carried out 

24 in a balanced manner with clear performance measures 

25 demonstrating concurrent progress in achieving the goals 
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1 and objectives of the Program: Provided further, That 

2 $6,000,000 shall be transferred to the Army Corps of En3 gineers to carry out further study and analysis of the sta4 bility of the levee projects authorized under section 

5 103(f)(3) of Public Law 108–361. 

6 POLICY AND ADMINISTRATION

7 For necessary expenses of policy, administration, and 

8 related functions in the office of the Commissioner, the 

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

10 of Reclamation, to remain available until expended, 

11 $58,069,000, to be derived from the Reclamation Fund 

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

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

14 Act shall be available for activities or functions budgeted 

15 as policy and administration expenses. 

16 ADMINISTRATIVE PROVISION 

17 Appropriations for the Bureau of Reclamation shall 

18 be available for purchase of not to exceed 14 passenger 

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

20 GENERAL PROVISIONS, DEPARTMENT OF THE 

21 INTERIOR 

22 SEC. 201. (a) None of the funds appropriated or oth23 erwise made available by this Act may be used to deter24 mine the final point of discharge for the interceptor drain 

25 for the San Luis Unit until development by the Secretary 
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1 of the Interior and the State of California of a plan, which 

2 shall conform to the water quality standards of the State 

3 of California as approved by the Administrator of the En4 vironmental Protection Agency, to minimize any detri5 mental effect of the San Luis drainage waters. 

6 (b) The costs of the Kesterson Reservoir Cleanup 

7 Program and the costs of the San Joaquin Valley Drain8 age Program shall be classified by the Secretary of the 

9 Interior as reimbursable or nonreimbursable and collected 

10 until fully repaid pursuant to the ‘‘Cleanup Program-Al11 ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 

12 Repayment Plan’’ described in the report entitled ‘‘Repay13 ment Report, Kesterson Reservoir Cleanup Program and 

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

15 prepared by the Department of the Interior, Bureau of 

16 Reclamation. Any future obligations of funds by the 

17 United States relating to, or providing for, drainage serv18 ice or drainage studies for the San Luis Unit shall be fully 

19 reimbursable by San Luis Unit beneficiaries of such serv20 ice or studies pursuant to Federal reclamation law. 

21 SEC. 202. None of the funds appropriated or other22 wise made available by this Act may be used to pay the 

23 salaries and expenses of personnel to purchase or lease 

24 water in the Middle Rio Grande or the Carlsbad Projects 

25 in New Mexico unless said purchase or lease is in compli-
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1 ance with the purchase requirements of section 202 of 

2 Public Law 106–60. 

3 TITLE III 

4 DEPARTMENT OF ENERGY 

5 ENERGY PROGRAMS 

6 ENERGY SUPPLY AND CONSERVATION

7 For Department of Energy expenses including the 

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

10 supply and energy conservation activities in carrying out 

11 the purposes of the Department of Energy Organization 

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

13 condemnation of any real property or any facility or for 

14 plant or facility acquisition, construction, or expansion, 

15 $2,025,527,000 (increased by $5,000,000) (reduced by 

16 $5,000,000) (increased by $25,000,000), to remain avail17 able until September 30, 2009. 

18 CLEAN COAL TECHNOLOGY

19 (RESCISSION)

20 Of the funds made available under this heading for 

21 obligation in prior years, $257,000,000 are rescinded. 

22 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

23 For necessary expenses in carrying out fossil energy 

24 research and development activities, under the authority 

25 of the Department of Energy Organization Act (42 U.S.C. 
21 

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1 7101 et seq.), including the acquisition of interest, includ2 ing defeasible and equitable interests in any real property 

3 or any facility or for plant or facility acquisition or expan4 sion, the hire of passenger motor vehicles, the hire, main5 tenance, and operation of aircraft, the purchase, repair, 

6 and cleaning of uniforms, the reimbursement to the Gen7 eral Services Administration for security guard services, 

8 and for conducting inquiries, technological investigations 

9 and research concerning the extraction, processing, use, 

10 and disposal of mineral substances without objectionable 

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

12 1603), $558,204,000, to remain available until expended, 

13 of which $54,000,000 is available to continue a multi-year 

14 project coordinated with the private sector for FutureGen, 

15 without regard to the terms and conditions applicable to 

16 clean coal technology projects: Provided, That the initial 

17 planning and research stages of the FutureGen project 

18 shall include a matching requirement from non-Federal 

19 sources of at least 20 percent of the costs: Provided fur20 ther, That any demonstration component of such project 

21 shall require a matching requirement from non-Federal 

22 sources of at least 50 percent of the costs of the compo23 nent: Provided further, That of the amounts provided, 

24 $36,400,000 is available, after coordination with the pri25 vate sector, for a request for proposals for the Clean Coal 
22 

HR 5427 RS 

1 Power Initiative providing for competitively-awarded re2 search, development, and demonstration projects to reduce 

3 the barriers to continued and expanded coal use: Provided 

4 further, That no project may be selected for which suffi5 cient funding is not available to provide for the total 

6 project: Provided further, That funds shall be expended in 

7 accordance with the provisions governing the use of funds 

8 contained under the heading ‘‘Clean Coal Technology’’ in 

9 42 U.S.C. 5903d as well as those contained under the 

10 heading ‘‘Clean Coal Technology’’ in prior appropriations: 

11 Provided further, That the Department may include provi12 sions for repayment of Government contributions to indi13 vidual projects in an amount up to the Government con14 tribution to the project on terms and conditions that are 

15 acceptable to the Department including repayments from 

16 sale and licensing of technologies from both domestic and 

17 foreign transactions: Provided further, That such repay18 ments shall be retained by the Department for future coal19 related research, development and demonstration projects: 

20 Provided further, That any technology selected under this 

21 program shall be considered a Clean Coal Technology, and 

22 any project selected under this program shall be consid23 ered a Clean Coal Technology Project, for the purposes 

24 of 42 U.S.C. 7651n, and chapters 51, 52, and 60 of title 

25 40 of the Code of Federal Regulations: Provided further, 
23 

HR 5427 RS 

1 That no part of the sum herein made available shall be 

2 used for the field testing of nuclear explosives in the recov3 ery of oil and gas: Provided further, That the Secretary 

4 of Energy is authorized to accept fees and contributions 

5 from public and private sources, to be deposited in a con6 tributed funds account, and prosecute projects using such 

7 fees and contributions in cooperation with other Federal, 

8 State, or private agencies or concerns: Provided further, 

9 That revenues and other moneys received by or for the 

10 account of the Department of Energy or otherwise gen11 erated by sale of products in connection with projects of 

12 the Department appropriated under the Fossil Energy Re13 search and Development account may be retained by the 

14 Secretary of Energy, to be available until expended, and 

15 used only for plant construction, operation, costs, and pay16 ments to cost-sharing entities as provided in appropriate 

17 cost-sharing contracts or agreements. 

18 NAVAL PETROLEUM AND OIL SHALE RESERVES

19 For expenses necessary to carry out naval petroleum 

20 and oil shale reserve activities, including the hire of pas21 senger motor vehicles, $18,810,000, to remain available 

22 until expended: Provided, That, notwithstanding any other 

23 provision of law, unobligated funds remaining from prior 

24 years shall be available for all naval petroleum and oil 

25 shale reserve activities. 
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1 STRATEGIC PETROLEUM RESERVE

2 For necessary expenses for Strategic Petroleum Re3 serve facility development and operations and program 

4 management activities pursuant to the Energy Policy and 

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

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

7 the hire, maintenance, and operation of aircraft, the pur8 chase, repair, and cleaning of uniforms, the reimburse9 ment to the General Services Administration for security 

10 guard services, $155,430,000, to remain available until ex11 pended. 

12 NORTHEAST HOME HEATING OIL RESERVE

13 For necessary expenses for Northeast Home Heating 

14 Oil Reserve storage, operation, and management activities 

15 pursuant to the Energy Policy and Conservation Act, 

16 $4,950,000, to remain available until expended. 

17 ENERGY INFORMATION ADMINISTRATION

18 For necessary expenses in carrying out the activities 

19 of the Energy Information Administration, $89,769,000, 

20 to remain available until expended. 

21 NON-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 non-de25 fense environmental cleanup activities in carrying out the 
25 

HR 5427 RS 

1 purposes of the Department of Energy Organization Act 

2 (42 U.S.C. 7101 et seq.), including the acquisition or con3 demnation of any real property or any facility or for plant 

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

5 purchase of not to exceed six passenger motor vehicles, 

6 of which five shall be for replacement only, $309,946,000, 

7 to remain available until expended. 

8 URANIUM ENRICHMENT DECONTAMINATION AND

9 DECOMMISSIONING FUND

10 For necessary expenses in carrying out uranium en11 richment facility decontamination and decommissioning, 

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

13 Atomic Energy Act of 1954, as amended, and title X, sub14 title A, of the Energy Policy Act of 1992, $579,368,000, 

15 to be derived from the Fund, to remain available until ex16 pended, of which $20,000,000 shall be available in accord17 ance with title X, subtitle A, of the Energy Policy Act 

18 of 1992. 

19 SCIENCE

20 For Department of Energy expenses including the 

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

23 activities in carrying out the purposes of the Department 

24 of Energy Organization Act (42 U.S.C. 7101 et seq.), in25 cluding the acquisition or condemnation of any real prop-
26 

HR 5427 RS 

1 erty or facility or for plant or facility acquisition, construc2 tion, or expansion, and purchase of not to exceed twenty3 five passenger motor vehicles for replacement only, 

4 $4,131,710,000, to remain available until expended. 

5 NUCLEAR WASTE DISPOSAL

6 For nuclear waste disposal activities to carry out the 

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

8 Law 97–425, as amended (the ‘‘Act’’), including the ac9 quisition of real property or facility construction or expan10 sion, $186,420,000, to remain available until expended, of 

11 which $156,420,000 shall be derived from the Nuclear 

12 Waste Fund: Provided, That of the funds made available 

13 in this Act for Nuclear Waste Disposal, $2,000,000 shall 

14 be provided to the State of Nevada solely for expenditures, 

15 other than salaries and expenses of State employees, to 

16 conduct scientific oversight responsibilities and participate 

17 in licensing activities pursuant to the Act: Provided fur18 ther, That $4,000,000 shall be provided to affected units 

19 of local government, as defined in the Act, to conduct ap20 propriate activities and participate in licensing activities: 

21 Provided further, That 7.5 percent of the funds provided 

22 shall be made available to affected units of local govern23 ment in California with the balance made available to af24 fected units of local government in Nevada for distribution 

25 as determined by the Nevada units of local government: 
27 

HR 5427 RS 

1 Provided further, That notwithstanding the provisions of 

2 chapters 65 and 75 of title 31, United States Code, the 

3 Department shall have no monitoring, auditing or other 

4 oversight rights or responsibilities over amounts provided 

5 to affected units of local government under this heading: 

6 Provided further, That the funds for the State of Nevada 

7 shall be made available solely to the Nevada Division of 

8 Emergency Management by direct payment and units of 

9 local government by direct payment: Provided further, 

10 That within 90 days of the completion of each Federal 

11 fiscal year, the Nevada Division of Emergency Manage12 ment and the Governor of the State of Nevada shall pro13 vide certification to the Department of Energy that all 

14 funds expended from such payments have been expended 

15 for activities authorized by the Act and this Act: Provided 

16 further, That failure to provide such certification shall 

17 cause such entity to be prohibited from any further fund18 ing provided for similar activities: Provided further, That 

19 none of the funds herein appropriated may be: (1) used 

20 directly or indirectly to influence legislative action, except 

21 for normal and recognized executive-legislative commu22 nications, on any matter pending before Congress or a 

23 State legislature or for lobbying activity as provided in 18 

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

25 to support multi-State efforts or other coalition building 
28 

HR 5427 RS 

1 activities inconsistent with the restrictions contained in 

2 this Act: Provided further, That all proceeds and recoveries 

3 realized by the Secretary in carrying out activities author4 ized by the Act, including but not limited to, any proceeds 

5 from the sale of assets, shall be available without further 

6 appropriation and shall remain available until expended: 

7 Provided further, That no funds provided in this Act may 

8 be used to pursue repayment or collection of funds pro9 vided in any fiscal year to affected units of local govern10 ment for oversight activities that had been previously ap11 proved by the Department of Energy, or to withhold pay12 ment of any such funds. 

13 DEPARTMENTAL ADMINISTRATION

14 (INCLUDING TRANSFER OF FUNDS)

15 For salaries and expenses of the Department of En16 ergy necessary for departmental administration in car17 rying out the purposes of the Department of Energy Orga18 nization Act (42 U.S.C. 7101 et seq.), including the hire 

19 of passenger motor vehicles and official reception and rep20 resentation expenses not to exceed $35,000, $278,382,000 

21 (reduced by $25,000,000) (reduced by $27,800,000), to 

22 remain available until expended, plus such additional 

23 amounts as necessary to cover increases in the estimated 

24 amount of cost of work for others notwithstanding the pro25 visions of the Anti-Deficiency Act (31 U.S.C. 1511 et 
29 

HR 5427 RS 

1 seq.): Provided, That such increases in cost of work are 

2 offset by revenue increases of the same or greater amount, 

3 to remain available until expended: Provided further, That 

4 moneys received by the Department for miscellaneous rev5 enues estimated to total $123,000,000 in fiscal year 2007 

6 may be retained and used for operating expenses within 

7 this account, and may remain available until expended, as 

8 authorized by section 201 of Public Law 95–238, notwith9 standing the provisions of 31 U.S.C. 3302: Provided fur10 ther, That the sum herein appropriated shall be reduced 

11 by the amount of miscellaneous revenues received during 

12 2007, and any related appropriated receipt account bal13 ances remaining from prior years’ miscellaneous revenues, 

14 so as to result in a final fiscal year 2007 appropriation 

15 from the general fund estimated at not more than 

16 $155,382,000. 

17 OFFICE OF THE INSPECTOR GENERAL

18 For necessary expenses of the Office of the Inspector 

19 General in carrying out the provisions of the Inspector 

20 General Act of 1978, as amended, $45,507,000, to remain 

21 available until expended. 
30 

HR 5427 RS 

1 ATOMIC ENERGY DEFENSE ACTIVITIES 

2 NATIONAL NUCLEAR SECURITY 

3 ADMINISTRATION 

4 WEAPONS ACTIVITIES

5 (INCLUDING TRANSFER OF FUNDS)

6 For Department of Energy expenses, including the 

7 purchase, construction, and acquisition of plant and cap8 ital equipment and other incidental expenses necessary for 

9 atomic energy defense weapons activities in carrying out 

10 the purposes of the Department of Energy Organization 

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

12 condemnation of any real property or any facility or for 

13 plant or facility acquisition, construction, or expansion; 

14 and the purchase of not to exceed 14 passenger motor ve15 hicles, for replacement only, including not to exceed two 

16 buses; $6,412,001,000, to remain available until ex17 pended: Provided, That $40,000,000 of that amount is for 

18 the Material Consolidation and Upgrade Construction 

19 Project, Buildings 651 and 691, at the Idaho National 

20 Laboratory. 

21 DEFENSE NUCLEAR NONPROLIFERATION

22 For Department of Energy expenses, including the 

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

25 atomic energy defense, defense nuclear nonproliferation 
31 

HR 5427 RS 

1 activities, in carrying out the purposes of the Department 

2 of Energy Organization Act (42 U.S.C. 7101 et seq.), in3 cluding the acquisition or condemnation of any real prop4 erty or any facility or for plant or facility acquisition, con5 struction, or expansion, $1,593,101,000 (increased by 

6 $27,800,000), to remain available until expended. 

7 NAVAL REACTORS

8 For Department of Energy expenses necessary for 

9 naval reactors activities to carry out the Department of 

10 Energy Organization Act (42 U.S.C. 7101 et seq.), includ11 ing the acquisition (by purchase, condemnation, construc12 tion, or otherwise) of real property, plant, and capital 

13 equipment, facilities, and facility expansion, 

14 $795,133,000, to remain available until expended. 

15 OFFICE OF THE ADMINISTRATOR

16 For necessary expenses of the Office of the Adminis17 trator in the National Nuclear Security Administration, 

18 including official reception and representation expenses 

19 not to exceed $12,000, $399,576,000, to remain available 

20 until expended. 

21 ENVIRONMENTAL AND OTHER DEFENSE 

22 ACTIVITIES 

23 DEFENSE ENVIRONMENTAL CLEANUP

24 For Department of Energy expenses, including the 

25 purchase, construction, and acquisition of plant and cap-
32 

HR 5427 RS 

1 ital equipment and other expenses necessary for atomic 

2 energy defense environmental cleanup activities in car3 rying out the purposes of the Department of Energy Orga4 nization Act (42 U.S.C. 7101 et seq.), including the acqui5 sition or condemnation of any real property or any facility 

6 or for plant or facility acquisition, construction, or expan7 sion, $4,951,812,000, to remain available until expended, 

8 and $600,000,000 for the Waste Treatment and Immo9 bilization Plant at Hanford, Washington, to remain avail10 able until September 30, 2007. 

11 OTHER DEFENSE ACTIVITIES

12 For Department of Energy expenses, including the 

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

15 energy defense, other defense activities, and classified 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 any facility or for plant or facility acquisition, con20 struction, or expansion, and the purchase of not to exceed 

21 ten passenger motor vehicles for replacement only, 

22 $720,788,000, to remain available until expended. 

23 DEFENSE NUCLEAR WASTE DISPOSAL

24 For nuclear waste disposal activities to carry out the 

25 purposes of Public Law 97–425, as amended, including 
33 

HR 5427 RS 

1 the acquisition of real property or facility construction or 

2 expansion, $388,080,000, to remain available until ex3 pended. 

4 POWER MARKETING ADMINISTRATIONS 

5 BONNEVILLE POWER ADMINISTRATION FUND

6 Expenditures from the Bonneville Power Administra7 tion Fund, established pursuant to Public Law 93–454, 

8 are approved for official reception and representation ex9 penses in an amount not to exceed $1,500. During fiscal 

10 year 2007, no new direct loan obligations may be made. 

11 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

12 ADMINISTRATION

13 For necessary expenses of operation and maintenance 

14 of power transmission facilities and of electric power and 

15 energy, including transmission wheeling and ancillary 

16 services pursuant to section 5 of the Flood Control Act 

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

18 power area, $5,723,000, to remain available until ex19 pended: Provided, That, notwithstanding 31 U.S.C. 3302, 

20 up to $48,003,000 collected by the Southeastern Power 

21 Administration pursuant to the Flood Control Act of 1944 

22 to recover purchase power and wheeling expenses shall be 

23 credited to this account as offsetting collections, to remain 

24 available until expended for the sole purpose of making 

25 purchase power and wheeling expenditures. 
34 

HR 5427 RS 

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, $31,539,000, to remain 

12 available until expended: Provided, That, notwithstanding 

13 31 U.S.C. 3302, up to $13,600,000 collected by the 

14 Southwestern Power Administration pursuant to the 

15 Flood Control Act to recover purchase power and wheeling 

16 expenses shall be credited to this account as offsetting col17 lections, to remain available until expended for the sole 

18 purpose of making purchase power and wheeling expendi19 tures. 

20 CONSTRUCTION, REHABILITATION, OPERATION AND

21 MAINTENANCE, WESTERN AREA POWER ADMINIS22 TRATION

23 For carrying out the functions authorized by title III, 

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

25 U.S.C. 7152), and other related activities including con-
35 

HR 5427 RS 

1 servation and renewable resources programs as author2 ized, including official reception and representation ex3 penses in an amount not to exceed $1,500; $212,213,000, 

4 to remain available until expended, of which $208,776,000 

5 shall be derived from the Department of the Interior Rec6 lamation Fund: Provided, That of the amount herein ap7 propriated, $6,893,000 is for deposit into the Utah Rec8 lamation Mitigation and Conservation Account pursuant 

9 to title IV of the Reclamation Projects Authorization and 

10 Adjustment Act of 1992: Provided further, That of the 

11 amount herein appropriated, $6,000,000 shall be available 

12 until expended on a nonreimbursable basis to the Western 

13 Area Power Administration for Topock-Davis-Mead 

14 Transmission Line Upgrades: Provided further, That of 

15 the amount herein appropriated, $500,000 shall be avail16 able until expended on a nonreimbursable basis to the Dy17 namic Engineering Studies on the TOT–3 and Wyoming 

18 West Transmission projects: Provided further, That not19 withstanding the provision of 31 U.S.C. 3302, up to 

20 $472,593,000 collected by the Western Area Power Ad21 ministration pursuant to the Flood Control Act of 1944 

22 and the Reclamation Project Act of 1939 to recover pur23 chase power and wheeling expenses shall be credited to 

24 this account as offsetting collections, to remain available 
36 

HR 5427 RS 

1 until expended for the sole purpose of making purchase 

2 power and wheeling expenditures. 

3 FALCON AND AMISTAD OPERATING AND MAINTENANCE

4 FUND

5 For operation, maintenance, and emergency costs for 

6 the hydroelectric facilities at the Falcon and Amistad 

7 Dams, $2,500,000, to remain available until expended, 

8 and to be derived from the Falcon and Amistad Operating 

9 and Maintenance Fund of the Western Area Power Ad10 ministration, as provided in section 423 of the Foreign 

11 Relations Authorization Act, Fiscal Years 1994 and 1995. 

12 FEDERAL ENERGY REGULATORY COMMISSION

13 SALARIES AND EXPENSES

14 For necessary expenses of the Federal Energy Regu15 latory Commission to carry out the provisions of the De16 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

18 the hire of passenger motor vehicles, and official reception 

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

20 $230,800,000, to remain available until expended: Pro21 vided, That notwithstanding any other provision of law, 

22 not to exceed $230,800,000 of revenues from fees and an23 nual charges, and other services and collections in fiscal 

24 year 2007 shall be retained and used for necessary ex25 penses in this account, and shall remain available until 
37 

HR 5427 RS 

1 expended: Provided further, That the sum herein appro2 priated from the general fund shall be reduced as revenues 

3 are received during fiscal year 2007 so as to result in a 

4 final fiscal year 2007 appropriation from the general fund 

5 estimated at not more than $0. 

6 GENERAL PROVISIONS 

7 DEPARTMENT OF ENERGY 

8 SEC. 301. CONTRACT COMPETITION.—(a)(1) None of 

9 the funds in this or any other appropriations Act for fiscal 

10 year 2007 or any previous fiscal year may be used to make 

11 payments for a noncompetitive management and operating 

12 contract unless the Secretary of Energy has published in 

13 the Federal Register and submitted to the Committees on 

14 Appropriations of the House of Representatives and the 

15 Senate a written notification, with respect to each such 

16 contract, of the Secretary’s decision to use competitive 

17 procedures for the award of the contract, or to not renew 

18 the contract, when the term of the contract expires. 

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

20 up to 2 years of a noncompetitive management and oper21 ating contract, if the extension is for purposes of allowing 

22 time to award competitively a new contract, to provide 

23 continuity of service between contracts, or to complete a 

24 contract that will not be renewed. 

25 (b) In this section: 
38 

HR 5427 RS 

1 (1) The term ‘‘noncompetitive management and 

2 operating contract’’ means a contract that was 

3 awarded more than 50 years ago without competi4 tion for the management and operation of Ames 

5 Laboratory, Argonne National Laboratory, and Law6 rence Livermore National Laboratory. 

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

8 meaning provided in section 4 of the Office of Fed9 eral Procurement Policy Act (41 U.S.C. 403) and 

10 includes procedures described in section 303 of the 

11 Federal Property and Administrative Services Act of 

12 1949 (41 U.S.C. 253) other than a procedure that 

13 solicits a proposal from only one source. 

14 (c) For all management and operating contracts 

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

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

17 management and operating contract, or award a signifi18 cant extension or expansion to an existing management 

19 and operating contract, unless such contract is awarded 

20 using competitive procedures or the Secretary of Energy 

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

22 a deviation. The Secretary may not delegate the authority 

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

24 award for which the Secretary intends to grant such a 

25 waiver, the Secretary shall submit to the Committees on 
39 

HR 5427 RS 

1 Appropriations of the House of Representatives and the 

2 Senate a report notifying the Committees of the waiver 

3 and setting forth, in specificity, the substantive reasons 

4 why the Secretary believes the requirement for competition 

5 should be waived for this particular award. 

6 SEC. 302. WORKFORCE RESTRUCTURING.—None of 

7 the funds appropriated by this Act may be used to— 

8 (1) develop or implement a workforce restruc9 turing plan that covers employees of the Department 

10 of Energy; or 

11 (2) provide enhanced severance payments or 

12 other benefits for employees of the Department of 

13 Energy, under section 3161 of the National Defense 

14 Authorization Act for Fiscal Year 1993 (Public Law 

15 102–484; 42 U.S.C. 7274h). 

16 SEC. 303. SECTION 3161 ASSISTANCE.—None of the 

17 funds appropriated by this Act may be used to augment 

18 the funds made available for obligation by this Act for sev19 erance payments and other benefits and community assist20 ance grants under section 3161 of the National Defense 

21 Authorization Act for Fiscal Year 1993 (Public Law 102– 

22 484; 42 U.S.C. 7274h) unless the Department of Energy 

23 submits a reprogramming request to the appropriate con24 gressional committees. 
40 

HR 5427 RS 

1 SEC. 304. UNFUNDED REQUESTS FOR PRO2 POSALS.—None of the funds appropriated by this Act may 

3 be used to prepare or initiate Requests For Proposals 

4 (RFPs) or other solicitations for a program if the program 

5 has not been funded by Congress. 

6 SEC. 305. UNEXPENDED BALANCES.—The unex7 pended balances of prior appropriations provided for ac8 tivities in this Act may be available to the same appropria9 tion accounts for such activities established pursuant to 

10 this title. Available balances may be merged with funds 

11 in the applicable established accounts and thereafter may 

12 be accounted for as one fund for the same time period 

13 as originally enacted. 

14 SEC. 306. BONNEVILLE POWER ADMINISTRATION

15 SERVICE TERRITORY.—None of the funds in this or any 

16 other Act for the Administrator of the Bonneville Power 

17 Administration may be used to enter into any agreement 

18 to perform energy efficiency services outside the legally de19 fined Bonneville service territory, with the exception of 

20 services provided internationally, including services pro21 vided on a reimbursable basis, unless the Administrator 

22 certifies in advance that such services are not available 

23 from private sector businesses. 

24 SEC. 307. USER FACILITIES.—When the Department 

25 of Energy makes a user facility available to universities 
41 

HR 5427 RS 

1 or other potential users, or seeks input from universities 

2 or other potential users regarding significant characteris3 tics or equipment in a user facility or a proposed user fa4 cility, the Department shall ensure broad public notice of 

5 such availability or such need for input to universities and 

6 other potential users. When the Department of Energy 

7 considers the participation of a university or other poten8 tial user as a formal partner in the establishment or oper9 ation of a user facility, the Department shall employ full 

10 and open competition in selecting such a partner. For pur11 poses of this section, the term ‘‘user facility’’ includes, but 

12 is not limited to: (1) a user facility as described in section 

13 2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 

14 13503(a)(2)); (2) a National Nuclear Security Adminis15 tration Defense Programs Technology Deployment Cen16 ter/User Facility; and (3) any other Departmental facility 

17 designated by the Department as a user facility. 

18 SEC. 308. INTELLIGENCE ACTIVITIES.—Funds ap19 propriated by this or any other Act, or made available by 

20 the transfer of funds in this Act, for intelligence activities 

21 are deemed to be specifically authorized by the Congress 

22 for purposes of section 504 of the National Security Act 

23 of 1947 (50 U.S.C. 414) during fiscal year 2007 until the 

24 enactment of the Intelligence Authorization Act for fiscal 

25 year 2007. 
42 

HR 5427 RS 

1 SEC. 309. LABORATORY DIRECTED RESEARCH AND

2 DEVELOPMENT.—Of the funds made available by the De3 partment of Energy for activities at government-owned, 

4 contractor-operator operated laboratories funded in this 

5 Act, the Secretary may authorize a specific amount, not 

6 to exceed 8 percent of such funds, to be used by such lab7 oratories for laboratory-directed research and develop8 ment: Provided, That the Secretary may also authorize a 

9 specific amount not to exceed 3 percent of such funds, 

10 to be used by the plant manager of a covered nuclear 

11 weapons production plant or the manager of the Nevada 

12 Site Office for plant or site-directed research and develop13 ment. 

14 SEC. 310. TECHNOLOGY COMMERCIALIZATION

15 FUND.—None of the funds made available by this Act may 

16 be used for technology commercialization activities funded 

17 via a tax on applied energy research, development, dem18 onstration, and commercial application activities by the 

19 Department of Energy as authorized by section 1001(e) 

20 of title X of the Energy Policy Act of 2005. 

21 SEC. 311. CONTRACTOR PENSION BENEFITS.—None 

22 of the funds made available in title III of this Act shall 

23 be used for implementation of the Department of Energy 

24 Order N 351.1 modifying contractor employee pension and 

25 medical benefits policy. 
43 

HR 5427 RS 

1 TITLE IV 

2 INDEPENDENT AGENCIES 

3 APPALACHIAN REGIONAL COMMISSION

4 For expenses necessary to carry out the programs au5 thorized by the Appalachian Regional Development Act of 

6 1965, as amended, not withstanding 40 U.S.C. 14704, 

7 and, for necessary expenses for the Federal Co-Chairman 

8 and the alternate on the Appalachian Regional Commis9 sion, for payment of the Federal share of the administra10 tive expenses of the Commission, including services as au11 thorized by 5 U.S.C. 3109, and hire of passenger motor 

12 vehicles, $35,472,000, to remain available until expended. 

13 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

14 SALARIES AND EXPENSES

15 For necessary expenses of the Defense Nuclear Fa16 cilities Safety Board in carrying out activities authorized 

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

18 Law 100–456, section 1441, $22,260,000, to remain 

19 available until expended. 

20 DELTA REGIONAL AUTHORITY

21 SALARIES AND EXPENSES

22 For necessary expenses of the Delta Regional Author23 ity and to carry out its activities, as authorized by the 

24 Delta Regional Authority Act of 2000, as amended, not25 withstanding sections 382C(b)(2), 382F(d), and 382M(b) 
44 

HR 5427 RS 

1 of said Act, $5,940,000, to remain available until ex2 pended. 

3 DENALI COMMISSION

4 For expenses of the Denali Commission including the 

5 purchase, construction and acquisition of plant and capital 

6 equipment as necessary and other expenses, $7,536,000, 

7 to remain available until expended, notwithstanding the 

8 limitations contained in section 306(g) of the Denali Com9 mission Act of 1998. 

10 NUCLEAR REGULATORY COMMISSION

11 SALARIES AND EXPENSES

12 For necessary expenses of the Commission in car13 rying out the purposes of the Energy Reorganization Act 

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

15 as amended, including official representation expenses not 

16 to exceed $19,000, $808,410,000, to remain available 

17 until expended: Provided, That of the amount appro18 priated herein, $40,981,840 shall be derived from the Nu19 clear Waste Fund: Provided further, That revenues from 

20 licensing fees, inspection services, and other services and 

21 collections estimated at $656,328,000 in fiscal year 2007 

22 shall be retained and used for necessary salaries and ex23 penses in this account, notwithstanding 31 U.S.C. 3302, 

24 and shall remain available until expended: Provided fur25 ther, That the sum herein appropriated shall be reduced 
45 

HR 5427 RS 

1 by the amount of revenues received during fiscal year 

2 2007 so as to result in a final fiscal year 2007 appropria3 tion estimated at not more than $152,082,000. 

4 OFFICE OF INSPECTOR GENERAL

5 For necessary expenses of the Office of Inspector 

6 General in carrying out the provisions of the Inspector 

7 General Act of 1978, as amended, $8,144,000, to remain 

8 available until expended: Provided, That revenues from li9 censing fees, inspection services, and other services and 

10 collections estimated at $7,330,000 in fiscal year 2007 

11 shall be retained and be available until expended, for nec12 essary salaries and expenses in this account, notwith13 standing 31 U.S.C. 3302: Provided further, That the sum 

14 herein appropriated shall be reduced by the amount of rev15 enues received during fiscal year 2007 so as to result in 

16 a final fiscal year 2007 appropriation estimated at not 

17 more than $814,000. 

18 NUCLEAR WASTE TECHNICAL REVIEW BOARD

19 SALARIES AND EXPENSES

20 For necessary expenses of the Nuclear Waste Tech21 nical Review Board, as authorized by Public Law 100– 

22 203, section 5051, $3,670,000, to be derived from the Nu23 clear Waste Fund, and to remain available until expended. 
46 

HR 5427 RS 

1 TITLE V 

2 GENERAL PROVISIONS 

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

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

5 congressional action on any legislation or appropriation 

6 matters pending before Congress, other than to commu7 nicate to Members of Congress as described in 18 U.S.C. 

8 1913. 

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

10 Act may be transferred to any department, agency, or in11 strumentality of the United States Government, except 

12 pursuant to a transfer made by, or transfer authority pro13 vided in this Act or any other appropriation Act. 

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

15 Act from the Nuclear Waste Fund may be used to carry 

16 out the Global Nuclear Energy Partnership program. 

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

18 Act shall be used in contravention of the Federal buildings 

19 performance and reporting requirements of Executive 

20 Order No. 13123, part 3 of title V of the National Energy 

21 Conservation Policy Act (42 U.S.C. 8251 et seq.), or sub22 title A of title I of the Energy Policy Act of 2005 (includ23 ing the amendments made thereby). 
47 

HR 5427 RS 

1 SEC. 505. None of the funds made available in this 

2 Act may be used in contravention of section 303 of the 

3 Energy Policy Act of 1992 (42 U.S.C. 13212). 

4 SEC. 506. None of the funds made available by this 

5 Act shall be used by the Federal Energy Regulatory Com6 mission to enforce any claim for a termination payment 

7 (as defined in any jurisdictional contract) asserted by any 

8 regulated entity the Commission has found to have vio9 lated the terms of its market-based rate authority by en10 gaging in manipulation of market rules or exercise of mar11 ket power in the Western Interconnection during the pe12 riod January 1, 2000, to June 20, 2001. 

13 This Act may be cited as the ‘‘Energy and Water De14 velopment Appropriations Act, 2007’’. 

15 That the following sums are appropriated, out of any 

16 money in the Treasury not otherwise appropriated, for the 

17 fiscal year ending September 30, 2007, for energy and 

18 water development and for other purposes, namely: 

19 TITLE I 

20 CORPS OF ENGINEERS—CIVIL 

21 DEPARTMENT OF THE ARMY 

22 CORPS OF ENGINEERS—CIVIL

23 The following appropriations shall be expended under 

24 the direction of the Secretary of the Army and the super25 vision of the Chief of Engineers for authorized civil func-
48 

HR 5427 RS 

1 tions of the Department of the Army pertaining to rivers 

2 and harbors, flood control, shore protection and storm dam3 age reduction, aquatic ecosystem restoration, and related 

4 purposes. 

5 GENERAL INVESTIGATIONS

6 For expenses necessary for the collection and study of 

7 basic information pertaining to river and harbor, flood con8 trol, shore protection and storm damage reduction, aquatic 

9 ecosystem restoration, and related projects, restudy of au10 thorized projects, miscellaneous investigations, and, when 

11 authorized by law, surveys and detailed studies and plans 

12 and specifications of projects prior to construction, 

13 $168,517,000, to remain available until expended: Pro14 vided, That, the Secretary of the Army shall use the unobli15 gated balances of $818,000 for the Waikiki Shore Protection 

16 Study, Hawaii, and $143,000 for the Kihei Shore Protec17 tion Study, Hawaii, for the Laupahoehoe Harbor, Hawaii, 

18 preconstruction engineering and design, at full Federal ex19 pense; to continue the Kawaihae Harbor, Hawaii, feasi20 bility studies; and to continue preconstruction engineering 

21 and design studies for the Wailupe Stream, Oahu, Hawaii. 

22 CONSTRUCTION GENERAL

23 (INCLUDING RESCISSION OF FUNDS)

24 For expenses necessary for the construction of river 

25 and harbor, flood control, shore protection and storm dam26 age reduction, aquatic ecosystem restoration, and related 
49 

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1 projects authorized by law; for conducting detailed studies, 

2 and plans and specifications, of such projects (including 

3 those involving participation by States, local governments, 

4 or private groups) authorized or made eligible for selection 

5 by law (but such detailed studies, and plans and specifica6 tions, shall not constitute a commitment of the Government 

7 to construction); $2,042,429,000, to remain available until 

8 expended; of which such sums as are necessary to cover the 

9 Federal share of construction costs for facilities under the 

10 Dredged Material Disposal Facilities program shall be de11 rived from the Harbor Maintenance Trust Fund as author12 ized by Public Law 104–303; and of which such sums as 

13 are necessary pursuant to Public Law 99–662 shall be de14 rived from the Inland Waterways Trust Fund, to cover one15 half of the costs of construction and rehabilitation of inland 

16 waterways projects (including the rehabilitation costs for 

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

18 19, Mississippi River, Iowa; Lock and Dam 24, Mississippi 

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

20 Illinois; Markland Locks and Dam, Kentucky and Indiana; 

21 Emsworth Locks and Dam, Ohio River, Pennsylvania; and 

22 Lock and Dam 3, Mississippi River, Minnesota) shall be 

23 derived from the Inland Waterways Trust Fund: Provided, 

24 That the Chief of Engineers is directed to use $13,000,000 

25 of the funds appropriated herein for the Dallas Floodway 
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1 Extension, Texas, project, including the Cadillac Heights 

2 feature, generally in accordance with the Chief of Engineers 

3 report dated December 7, 1999: Provided further, That the 

4 Chief of Engineers is directed to use $1,500,000 of the funds 

5 provided herein for the Hawaii Water Management Project: 

6 Provided further, That the Chief of Engineers is directed 

7 to use $5,300,000 of the funds appropriated herein for plan8 ning, engineering, design or construction of the Grundy, 

9 Buchanan County, and Dickenson County, Virginia, ele10 ments of the Levisa and Tug Forks of the Big Sandy River 

11 and Upper Cumberland River Project: Provided further, 

12 That the Chief of Engineers is directed to use $7,500,000 

13 of the funds appropriated herein for planning, engineering, 

14 design or construction of the Lower Mingo County, Upper 

15 Mingo County, Wayne County, McDowell County, West Vir16 ginia, elements of the Levisa and Tug Forks of the Big 

17 Sandy River and Upper Cumberland River Project: Pro18 vided further, That the Chief of Engineers is directed to con19 tinue the Dickenson County Detailed Project Report as gen20 erally defined in Plan 4 of the Huntington District Engi21 neer’s Draft Supplement to the section 202 General Plan 

22 for Flood Damage Reduction dated April 1997, including 

23 all Russell Fork tributary streams within the County and 

24 special considerations as may be appropriate to address the 

25 unique relocations and resettlement needs for the flood 
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1 prone communities within the County: Provided further, 

2 That the Chief of Engineers is directed to proceed with work 

3 on the permanent bridge to replace Folsom Bridge Dam 

4 Road, Folsom, California, as authorized by the Energy and 

5 Water Development Appropriations Act, 2004 (Public Law 

6 108–137), and, of the $23,400,000 available for the Amer7 ican River Watershed (Folsom Dam Mini-Raise), Cali8 fornia, project, $15,000,000 of those funds be directed for 

9 the permanent bridge, with all remaining devoted to the 

10 Mini-Raise: Provided further, That the Secretary of the 

11 Army shall use the prior unobligated balance of $4,972,000 

12 from the Devils Lake Outlet, North Dakota, project for the 

13 Devils Lake, North Dakota, environmental infrastructure 

14 project: Provided further, That the Secretary of the Army 

15 shall use the prior year unobligated balance of $1,500,000 

16 from the Waterbury Dam repairs project for the Lake 

17 Champlain Watershed project. 

18 Of the funds provided under this heading in title I 

19 of Public Law 109–103, $56,046,000 are rescinded. 

20 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, 

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

23 For expenses necessary for the flood damage reduction 

24 program for the Mississippi River alluvial valley below 

25 Cape Girardeau, Missouri, as authorized by law, 

26 $450,530,000, to remain available until expended, of which 
52 

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

2 operation and maintenance costs for inland harbors shall 

3 be derived from the Harbor Maintenance Trust Fund: Pro4 vided, That the Chief of Engineers is directed to use 

5 $15,000,000 of the funds provided herein for design and real 

6 estate activities and pump supply elements for the Yazoo 

7 Basin, Yazoo Backwater Pumping Plant, Mississippi: Pro8 vided further, That the Secretary of the Army, acting 

9 through the Chief of Engineers is directed to use 

10 $14,000,000 appropriated herein for construction of water 

11 withdrawal features of the Grand Prairie, Arkansas, 

12 project. 

13 OPERATION AND MAINTENANCE

14 For expenses necessary for the operation, maintenance, 

15 and care of existing river and harbor, flood and storm dam16 age reduction, aquatic ecosystem restoration, and related 

17 projects authorized by law, for providing security for infra18 structure owned and operated by, or on behalf of, the United 

19 States Army Corps of Engineers (the ‘‘Corps’’), including 

20 administrative buildings and facilities, and laboratories, 

21 and the Washington Aqueduct; for the maintenance of har22 bor channels provided by a State, municipality, or other 

23 public agency that serve essential navigation needs of gen24 eral commerce, where authorized by law; and for surveys 

25 and charting of northern and northwestern lakes and con26 necting waters, clearing and straightening channels, and re-
53 

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1 moval of obstructions to navigation, $2,030,000,000, to re2 main available until expended, of which such sums as are 

3 necessary to cover the Federal share of operation and main4 tenance costs for coastal harbors and channels, and inland 

5 harbors shall be derived from the Harbor Maintenance 

6 Trust Fund, pursuant to Public Law 99–662 may be de7 rived from that fund, as amended; of which such sums as 

8 become available from the special account for the Corps es9 tablished by the Land and Water Conservation Act of 1965, 

10 as amended (16 U.S.C. 460l–6a(i)), may be derived from 

11 that account for resource protection, research, interpreta12 tion, and maintenance activities related to resource protec13 tion in the areas at which outdoor recreation is available; 

14 and of which such sums as become available under section 

15 217 of the Water Resources Development Act of 1996, Public 

16 Law 104–303, shall be used to cover the cost of operation 

17 and maintenance of the dredged material disposal facilities 

18 for which fees have been collected: Provided, That utilizing 

19 funds appropriated herein, for the Intracoastal Waterway, 

20 Delaware River to Chesapeake Bay, Delaware and Mary21 land, the Chief of Engineers, is directed to reimburse the 

22 State of Delaware for normal operation and maintenance 

23 costs incurred by the State of Delaware for the SR1 Bridge 

24 from station 58∂00 to station 293∂00 between October 1, 

25 2005, and September 30, 2006: Provided further, That the 
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1 Chief of Engineers using $500,000 of the funds made avail2 able, herein is authorized to complete, at full Federal ex3 pense, a detailed evaluation of the Albuquerque levees for 

4 purposes of determining structural integrity, impacts of 

5 vegetative growth, and performance under current 

6 hydrological conditions. 

7 FLOOD CONTROL AND COASTAL EMERGENCIES

8 For expenses necessary to prepare for flood, hurricane, 

9 and other natural disasters and support emergency oper10 ations, repairs, and other activities in response to flood and 

11 hurricane emergencies, as authorized by law, $32,000,000, 

12 to remain available until expended. 

13 REGULATORY PROGRAM

14 For expenses necessary for administration of laws per15 taining to regulation of navigable waters and wetlands, 

16 $168,000,000, to remain available until expended. 

17 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

18 For expenses necessary to clean up contamination 

19 from sites in the United States resulting from work per20 formed as part of the Nation’s early atomic energy pro21 gram, $140,000,000, to remain available until expended. 

22 GENERAL EXPENSES

23 For expenses necessary for general administration and 

24 related civil works functions in the headquarters of the 

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

26 Division Engineers, the Humphreys Engineer Center Sup-
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1 port Activity, the Institute for Water Resources, the United 

2 States Army Engineer Research and Development Center, 

3 and the United States Army Corps of Engineers Finance 

4 Center, $164,000,000, to remain available until expended: 

5 Provided, That no part of any other appropriation pro6 vided in title I of this Act shall be available to fund the 

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

8 or the civil works executive direction and management ac9 tivities of the division offices. 

10 OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL

11 WORKS)

12 No funds have been provided for the Office of the As13 sistant Secretary of the Army (Civil Works). 

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, CORPS OF ENGINEERS—CIVIL

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

23 of this Act shall be available for obligation or expenditure 

24 through a reprogramming of funds that— 

25 (1) creates or initiates a program, project or ac26 tivity; 
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1 (2) GENERAL INVESTIGATIONS.—Reprogram2 ming a cumulative total of 50 percent or $1,000,000, 

3 whichever is less, is permitted for each study, pro4 gram or activity in this account unless prior ap5 proval is received from the House and Senate Com6 mittees on Appropriations: Provided, That the Com7 mittee does not object to reprogramming up to 

8 $50,000 to any continuing study or program that did 

9 not receive an appropriation in the current year; 

10 (3) CONSTRUCTION, GENERAL.—Reprogramming 

11 a cumulative total of 50 percent or $3,000,000, which12 ever is less, is permitted for each study, program or 

13 activity in this account unless prior approval is re14 ceived from the House and Senate Committees on Ap15 propriations: Provided, That the Committee does not 

16 object to reprogramming up to $300,000 to any con17 tinuing project or program that did not receive an 

18 appropriation in the current year; 

19 (4) OPERATION AND MAINTENANCE.—Unlimited 

20 reprogramming authority is granted in order for the 

21 Corps to be able to respond to emergencies: Provided, 

22 That the Chief of Engineers must notify the House 

23 and Senate Committees on Appropriations of these 

24 emergency actions as soon thereafter as practicable: 

25 Provided further, That for all other situations, re-
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1 programming a cumulative total of 50 percent or 

2 $5,000,000, whichever is less, is permitted for each 

3 study, program or activity in this account unless 

4 prior approval is received from the House and Senate 

5 Committees on Appropriations: Provided further, 

6 That the Committee does not object to reprogramming 

7 up to $500,000 to any continuing project or program 

8 that did not receive an appropriation in the current 

9 year; 

10 (5) MISSISSIPPI RIVER AND TRIBUTARIES.—The 

11 same reprogramming guidelines for the General In12 vestigations, Construction, General and Operation 

13 and Maintenance portions of the Mississippi River 

14 and Tributaries Account as listed above. 

15 (6) FORMERLY UTILIZED SITES REMEDIAL AC16 TION PROGRAM.—Reprogramming of up to 15 percent 

17 of the base of the receiving project is permitted unless 

18 prior approval is received from the House and Senate 

19 Committees on Appropriations. 

20 (b) CONTINUING AUTHORITIES PROGRAM.—No funds 

21 shall be reprogrammed into or out of section 205 of the 

22 Flood Control Act of 1948; section 14 of the Flood Control 

23 Act of 1946; section 208 of the Flood Control Act of 1954; 

24 section 107 of the River and Harbor Act of 1960; section 

25 103 of the River and Harbor Act of 1962; section 111 of 
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1 the River and Harbor Act of 1968; section 1135 of the Water 

2 Resources Development Act of 1986; section 206 of the 

3 Water Resources Development Act of 1996; sections 204 and 

4 207 of the Water Resources Development Act of 1992 or sec5 tion 933 of the Water Resources Development Act of 1986: 

6 Provided, That unlimited reprogramming is permitted 

7 within any of the Continuing Authorities Programs Sec8 tions listed above. 

9 SEC. 102. Beginning in fiscal year 2006 and there10 after, agreements proposed for execution by the Assistant 

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

12 Army Corps of Engineers after the date of the enactment 

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

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

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

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

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

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

19 Resources Development Act of 1986, as amended, Public 

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

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

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

24 shall be limited to total credits and reimbursements for all 
59 

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

2 year. 

3 SEC. 103. None of the funds appropriated in this or 

4 any other Act shall be used to demonstrate or implement 

5 any plans divesting or transferring any Civil Works mis6 sions, functions, or responsibilities of the United States 

7 Army Corps of Engineers to other government agencies 

8 without specific direction in a subsequent Act of Congress. 

9 SEC. 104. ST. GEORGES BRIDGE, DELAWARE.—None 

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

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

12 Georges Bridge across the Intracoastal Waterway, Delaware 

13 River to Chesapeake Bay, Delaware and Maryland, includ14 ing a hearing or any other activity relating to preparation 

15 of an environmental impact statement concerning the clo16 sure or removal. 

17 SEC. 105. Within 75 days of the date of the Chief of 

18 Engineers Report on a water resource matter, the Assistant 

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

20 to the appropriate authorizing and appropriating commit21 tees of the Congress. 

22 SEC. 106. WATER REALLOCATION, LAKE CUM23 BERLAND, KENTUCKY. (a) IN GENERAL.—Subject to sub24 section (b), none of the funds made available by this Act 

25 may be used to carry out any water reallocation project 
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1 or component under the Wolf Creek Project, Lake Cum2 berland, Kentucky, authorized under the Act of June 28, 

3 1938 (52 Stat. 1215, chapter 795) and the Act of July 24, 

4 1946 (60 Stat. 636, chapter 595). 

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

6 not apply to any water reallocation for Lake Cumberland, 

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

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

9 Act. 

10 SEC. 107. The project for flood control at Milton, West 

11 Virginia, authorized by section 580 of the Water Resources 

12 Development Act of 1996 (110 Stat. 3790), as modified by 

13 section 340 of the Water Resources Development Act of 2000 

14 (114 Stat. 2612), is modified to authorize the Secretary to 

15 construct the project substantially in accordance with the 

16 draft report of the Corps of Engineers dated April 2006, 

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

18 Federal cost of $34,125,000 and an estimated non-Federal 

19 cost of $11,375,000. 

20 SEC. 108. Using amounts available in the Revolving 

21 Fund, the Secretary of the Army is authorized to construct 

22 a new Environmental Laboratory and improvements to the 

23 Information Technology Laboratory at the Engineer Re24 search and Development Center in Vicksburg, Mississippi: 

25 Provided, That the Secretary shall ensure that the Revolv-
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1 ing Fund is appropriately reimbursed from appropriations 

2 of the Corps’ benefiting programs by collection each year 

3 of amounts sufficient to repay the capitalized cost of such 

4 construction and improvements. 

5 SEC. 109. The Secretary of the Army may enter into 

6 cooperative agreements with any Indian Tribe whose lands 

7 are located in New Mexico and occupied by a flood control 

8 project owned and operated by the Corps of Engineers, to 

9 assist in carrying out Operation and Maintenance activi10 ties associated with such project. 

11 SEC. 110. Notwithstanding section 729 of the Water 

12 Resources Development Act of 1986, as amended (33 U.S.C. 

13 2267a), the Secretary shall credit toward the non-Federal 

14 share of the cost of the Rio Grande Basin Watershed Study, 

15 New Mexico, Colorado and Texas, the cost of in-kind serv16 ices contributed by the New Mexico Interstate Stream Com17 mission for the Study up to the full amount of the required 

18 non-Federal share, in accordance with the Agreement be19 tween the Commission and the Department of the Army 

20 dated December 3, 2001 as modified on January 14, 2002. 

21 SEC. 111. Section 121 of the Energy and Water Devel22 opment Appropriations Act, 2006 (Public Law 109–103; 

23 119 Stat. 2256) is amended by striking subsection (a) and 

24 inserting the following: 
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1 ‘‘(a) The Secretary of the Army may carry out and 

2 fund planning studies, watershed surveys and assessments, 

3 or technical studies at 100 percent Federal expense to ac4 complish the purposes of the 2003 Biological Opinion de5 scribed in section 205(b) of the Energy and Water Develop6 ment Appropriations Act, 2005 (Public Law 108–447; 118 

7 Stat. 2949) as amended by subsection (b). In carrying out 

8 a study, survey, or assessment under this subsection the Sec9 retary shall consult with Federal, State, tribal and local 

10 governmental entities, as well as entities participating in 

11 the Middle Rio Grande Endangered Species Collaborative 

12 Program referred to in section 205 of the Energy and Water 

13 Development Appropriations Act, 2007. The Secretary may 

14 also provide planning and administrative assistance to the 

15 Middle Rio Grande Endangered Species Collaborative Pro16 gram, which assistance shall not be subject to cost sharing 

17 requirements with non-Federal interests.’’. 

18 SEC. 112. Nothing in this Act or any other Act shall 

19 be construed to require a specific deadline for implementa20 tion of 33 CFR 222.5(f)(2) and (3). 

21 SEC. 113. The project for flood damage reduction, Rio 

22 de Flag, Flagstaff, Arizona, authorized in section 101(b)(3) 

23 of the Water Resources Development Act, 2000, is modified 

24 to authorize the Secretary to construct the project, at a total 

25 cost of $54,130,000, with an estimated Federal cost of 
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1 $34,970,000, and an estimated non-Federal cost of 

2 $19,160,000. 

3 SEC. 114. Section 582(c)(2) of the Water Resources De4 velopment Act of 1999 (Public Law 106–53) is modified 

5 by striking ‘‘$1,000,000’’ and inserting ‘‘$2,000,000’’, in 

6 lieu thereof. 

7 SEC. 115. The project for flood control, Santa Ana 

8 River Mainstem, including Santiago Creek, California, au9 thorized by section 401(a) of the Water Resources Develop10 ment Act of 1986 (Public Law 99–662), modified by section 

11 104 of the Energy and Water Development Appropriations 

12 Act, 1988 (Public Law 100–202), and by section 309 of the 

13 Water Resources Development Act of 1996 (Public Law 

14 104–303), is further modified to authorize the Chief of En15 gineers to carry out the project at a total cost of 

16 $1,800,000,000. 

17 SEC. 116. The project for flood damage reduction and 

18 recreation, Upper Guadalupe River, California, authorized 

19 by section 101(a)(9) of the Water Resources Development 

20 Act of 1999 (113 Stat. 275), is modified to authorize the 

21 Secretary to construct the project generally in accordance 

22 with the Upper Guadalupe River Flood Damage Reduction, 

23 San Jose, California, Limited Reevaluation Report, dated 

24 March 2004, at a total cost of $244,500,000, with an esti-
64 

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1 mated Federal cost of $130,600,000 and an estimated non2 Federal cost of $113,900,000. 

3 SEC. 117. The Secretary of the Army, acting through 

4 the Chief of Engineers, is directed to convey at no cost, 

5 lands to Tate County School District, Tate County, Mis6 sissippi, the transfer of any real property interests, not to 

7 exceed 50 acres, at Arkabutla Lake deemed available by the 

8 Army that is located adjacent to school district property 

9 in the vicinity of State Highway 306 west of Coldwater, 

10 Mississippi. Such transfer shall be subject to the reservation 

11 of any required flowage easements for the operation of 

12 Arkabutla Lake and which preclude structures for human 

13 habitation. This property shall be used by the Tate County 

14 School District for public educational purposes. 

15 SEC. 118. Section 219(f) of the Water Resources Devel16 opment Act of 1992 (106 Stat. 4835; 113 Stat. 335–337; 

17 114 Stat. 2763A–220–221) is amended by adding at the 

18 end the following— 

19 ‘‘(72) CLARK COUNTY, NEVADA.—$50,000,000 for 

20 wastewater infrastructure, Clark County, Nevada. 

21 ‘‘(73) HENDERSON, NEVADA.—$15,000,000 for 

22 wastewater infrastructure, Henderson, Nevada.’’. 

23 SEC. 119. DEVILS LAKE, NORTH DAKOTA. (a) FUND24 ING.—The matter under the heading ‘‘Construction, Gen25 eral’’ in title I of the Energy and Water Development Ap-
65 

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1 propriations Act, 2003 (117 Stat. 134), is amended by 

2 striking ‘‘as provided herein’’ and all that follows through 

3 ‘‘Sheyenne River’’ and inserting ‘‘, of which $4,972,000 

4 shall be used to provide a municipal water supply system 

5 for Devils Lake, North Dakota in accordance with section 

6 598 of the Water Resources Act of 1999’’. 

7 (b) MUNICIPAL WATER SUPPLY SYSTEM.— 

8 (1) IN GENERAL.—The Water Resources Develop9 ment Act of 1999 (Public Law 106–53; 113 Stat. 269) 

10 is amended by inserting after section 597 the fol11 lowing: 

12 ‘‘SEC. 598. DEVILS LAKE, NORTH DAKOTA. 

13 ‘‘(a) DEFINITION OF PROJECT.—In this section, the 

14 term ‘project’ means a project to provide a continued safe 

15 and reliable municipal water supply system for Devils 

16 Lake, North Dakota. 

17 ‘‘(b) PROJECT COOPERATION AGREEMENT.— 

18 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the 

19 Secretary shall enter into a project cooperation agree20 ment with the non-Federal interest to provide assist21 ance in designing and constructing the project. 

22 ‘‘(2) RESPONSIBILITY FOR DESIGN WORK.—At 

23 the option of the non-Federal interest, the non-Federal 

24 interest may complete the design work for the project. 
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1 ‘‘(3) NEPA.—The Secretary shall comply with 

2 all applicable requirements under the National Envi3 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

4 before beginning construction on the project. 

5 ‘‘(4) REQUIREMENTS.—The project cooperation 

6 agreement entered into under this subsection shall 

7 provide for— 

8 ‘‘(A) the development by local officials of a 

9 water supply project and related facilities, and 

10 if the non-Federal interest elects to complete the 

11 design work for the project, appropriate engi12 neering plans and specifications; and 

13 ‘‘(B) the establishment of such legal and in14 stitutional structures as are necessary to ensure 

15 the effective long-term operation of the project by 

16 the non-Federal interest. 

17 ‘‘(5) COST SHARING.— 

18 ‘‘(A) IN GENERAL.—The project cooperation 

19 agreement shall provide that the Federal share of 

20 the cost of the project— 

21 ‘‘(i) shall be 75 percent; and 

22 ‘‘(ii) may be in the form of grants or 

23 reimbursements of project costs. 

24 ‘‘(B) CREDIT FOR DESIGN AND ENGINEER25 ING WORK.—The non-Federal interest shall re-
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1 ceive credit, not to exceed 6 percent of the total 

2 construction costs of design and engineering 

3 work completed by the non-Federal interest be4 fore entering into a project cooperation agree5 ment with the Secretary under this subsection for 

6 the project. 

7 ‘‘(C) CREDIT FOR LAND, EASEMENTS, AND

8 RIGHTS-OF-WAY.—The non-Federal interest shall 

9 receive credit, not to exceed 25 percent of the 

10 total cost of the project, for lands, easements, 

11 rights-of-way, and relocations toward the non12 Federal share of project costs (including all rea13 sonable costs associated with obtaining permits 

14 necessary for the construction, operation, and 

15 maintenance of the project on publicly owned or 

16 controlled land). 

17 ‘‘(D) OPERATION AND MAINTENANCE.—The 

18 non-Federal share of operation and maintenance 

19 costs for the project shall be 100 percent.’’. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to carry out this section, 

22 $15,000,000, to remain available until expended. 

23 SEC. 120. The Secretary of the Army, acting through 

24 the Chief of Engineers, is directed to fully utilize the Fed25 eral dredging fleet in support of all Army Corps of Engi-
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1 neers missions and no restrictions shall be placed on the 

2 use or maintenance of any dredge in the Federal Fleet. 

3 SEC. 121. The Secretary of the Army, acting through 

4 the Chief of Engineers, is directed to maintain the Federal 

5 dredging fleet to technologically modern and efficient stand6 ards. 

7 SEC. 122. The Secretary of the Army, acting through 

8 the Chief of Engineers is directed to utilize funds from the 

9 revolving fund to expeditiously undertake necessary health 

10 and safety improvements to the dredge ‘‘McFarland’’: Pro11 vided, That the Secretary shall ensure that the Revolving 

12 Fund is appropriately reimbursed from appropriations of 

13 the Corps’ benefiting programs by collection each year of 

14 amounts sufficient to repay the capitalized cost of such con15 struction and improvements. 

16 SEC. 123. The Secretary of the Army is authorized to 

17 use funds appropriated under the Missouri River Recovery 

18 and Mitigation Program to assist the Bureau of Reclama19 tion in the design and construction of facilities of the Bu20 reau of Reclamation’s Lower Yellowstone Project near In21 take, Montana, for the purpose of ecosystem restoration; and 

22 if appropriate may transfer such funds to the Bureau of 

23 Reclamation, which shall use such transferred funds for 

24 such purposes. 
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1 SEC. 124. The U.S. Army Corps of Engineers’ share 

2 of the total cost for projects and activities authorized under 

3 16 U.S.C. 410–r–8 shall be limited to $34,650,000. 

4 SEC. 125. Sections 106 and 108 under title I of Public 

5 Law 109–103 are repealed. 

6 SEC. 126. Section 227 of Public Law 104–303 is modi7 fied as follows: 

8 (1) Section 5(a) is amended by striking ‘‘7’’, and 

9 inserting ‘‘12’’ in lieu thereof; and 

10 (2) section 5(e)(2) is amended by striking 

11 ‘‘$25,000,000’’, and inserting ‘‘$40,000,000’’ in lieu 

12 thereof. 

13 SEC. 127. All budget documents and justification ma14 terials for the Corps of Engineers annual budget submission 

15 to Congress shall be assembled and presented based on the 

16 most recent annual appropriations Act: Provided, That new 

17 budget proposals for fiscal year 2008 and thereafter, shall 

18 not be integrated into the budget justifications submitted 

19 to Congress but shall be submitted separately from the budg20 et justifications documents. 

21 SEC. 128. CONNECTICUT RIVER WATERSHED STUDY, 

22 NEW HAMPSHIRE, CONNECTICUT, MASSACHUSETTS, AND

23 VERMONT.—Notwithstanding section 221 of the Flood Con24 trol Act of 1970 (42 U.S.C. 1962d–5b), The Nature Conser25 vancy may act as the non-Federal interest for purposes of 
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1 carrying out the work detailed in the agreement executed 

2 between The Nature Conservancy and the Department of 

3 the Army on August 5, 2005. 

4 SEC. 129. The last sentence of section 215(a) of the 

5 Flood Control Act of 1968 (42 U.S.C. 1962d–5a(a)) is 

6 amended by striking ‘‘$5,000,000’’ and inserting 

7 ‘‘$7,000,000’’. 

8 SEC. 130. JOHNSON CREEK, ARLINGTON, TEXAS. (a) 

9 IN GENERAL.—The project for flood damage reduction, en10 vironmental restoration and recreation, Johnson Creek, Ar11 lington, Texas, authorized by section 101(b)(14) of the 

12 Water Resources Development Act of 1999 (113 Stat. 280– 

13 281) is modified to authorize the Secretary to construct the 

14 project substantially in accordance with the report entitled 

15 Johnson Creek: A Vision of Conservation, dated March 30, 

16 2006, at a total cost of $80,000,000, with an estimated Fed17 eral cost of $52,000,000 and an estimated non-Federal cost 

18 of $28,000,000 if the Secretary determines that the project 

19 is technically sound and environmentally acceptable. 

20 (b) NON-FEDERAL SHARE.— 

21 (1) IN GENERAL.—The non-Federal share of the 

22 cost of the project may be provided in cash or in the 

23 form of in-kind services or materials. 

24 (2) CREDIT AND REIMBURSEMENT.—The Sec25 retary shall credit toward the non-Federal share of 
71 

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1 the cost of the project the cost of planning, design, 

2 and construction work carried out by the non-Federal 

3 interest for implementation of the project, if the Sec4 retary determines that the work is integral to the 

5 project. Subject to the availability of funds, the non6 Federal interest shall be reimbursed for costs incurred 

7 by the non-Federal interest that exceed the non-Fed8 eral share of project costs. 

9 (c) CONFORMING AMENDMENT.—Section 134 of the 

10 Energy and Water Development Appropriations Act, 2006 

11 (119 Stat. 2264) is repealed. 

12 SEC. 131. MCALPINE LOCK AND DAM, INDIANA AND

13 KENTUCKY. Section 101(a)(10) of the Water Resources De14 velopment Act of 1990, Public Law 101–640, is amended 

15 by striking both occurrences of ‘‘$219,600,000’’ and insert16 ing in their place ‘‘$430,000,000’’. 

17 SEC. 132. AUTHORITY TO WAIVE ANNUAL LIMITATION

18 ON TOTAL COMPENSATION PAID TO FEDERAL CIVILIAN EM19 PLOYEES. (a) WAIVER AUTHORITY.—During 2006 and not20 withstanding section 5547 of title 5, United States Code, 

21 the secretary of a military department may waive, subject 

22 to subsection (b), the limitation established in that section 

23 for total compensation (including limitations on the aggre24 gate of basic pay and premium pay payable in a calendar 

25 year) of an employee who performs work in connection with 
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1 an emergency that involves a direct threat to life or prop2 erty, including work performed in the aftermath of such an 

3 emergency. 

4 (b) $200,000 MAXIMUM TOTAL COMPENSATION.—The 

5 total compensation of an employee whose pay is covered by 

6 a waiver under subsection (a) may not exceed $200,000 in 

7 a calendar year. 

8 (c) ADDITIONAL PAY NOT CONSIDERED BASIC PAY.— 

9 To the extent that a waiver under subsection (a) results in 

10 payment of additional premium pay of a type that is nor11 mally creditable as basic pay for retirement or any other 

12 purpose, such additional pay— 

13 (1) shall not be considered to be basic pay for 

14 any purpose; and 

15 (2) shall not be used in computing a lump sum 

16 payment for accumulated and accrued annual leave 

17 under section 5551 of title 5, United States Code. 

18 SEC. 133. The Secretary is authorized and directed to 

19 reimburse local governments for expenses they have incurred 

20 in storm-proofing pumping stations, constructing safe 

21 houses for operators, and other interim flood control meas22 ures in and around the New Orleans metropolitan area, 

23 provided the Secretary determines those elements of work 

24 and related expenses to be integral to the overall plan to 

25 ensure operability of the stations during hurricanes, storms 
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1 and high water events and the flood control plan for the 

2 area. 

3 SEC. 134. Section 101(a)(5) of the Water Resources De4 velopment Act of 1996 (110 Stat. 3663) is amended— 

5 (1) by inserting ‘‘(A) IN GENERAL.—’’ before 

6 ‘‘The’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(B) CREDIT TOWARD NON-FEDERAL

9 SHARE.—The Secretary shall credit toward the 

10 non-Federal share of the project the costs ex11 pended by non-Federal interests for the replace12 ment and reconstruction of the Soquel Avenue 

13 Bridge, if the Secretary determines that the work 

14 is integral to the project. 

15 ‘‘(C) MAXIMUM AMOUNT OF CREDIT.—The 

16 credit under paragraph (B) may not exceed 

17 $2,000,000. 

18 ‘‘(D) LIMITATION OF TOTAL PROJECT

19 COST.—The Secretary shall not include the costs 

20 to be credited under paragraphs (B) and (C) in 

21 total project costs in determining the amounts of 

22 the Federal and non-Federal contributions.’’. 

23 SEC. 135. MISSOURI AND MIDDLE MISSISSIPPI RIV24 ERS ENHANCEMENT PROJECT. Section 514(g) of the Water 

25 Resources Development Act of 1999 (Public Law 106–53) 
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1 is amended by striking the words ‘‘for the period of fiscal 

2 years 2000 and 2001.’’ and inserting in lieu thereof ‘‘per 

3 year, and that authority shall extend until Federal fiscal 

4 year 2015.’’. 

5 TITLE II 

6 DEPARTMENT OF THE INTERIOR 

7 CENTRAL UTAH PROJECT

8 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

9 For carrying out activities authorized by the Central 

10 Utah Project Completion Act, $38,552,000, to remain avail11 able until expended, of which $965,000 shall be deposited 

12 into the Utah Reclamation Mitigation and Conservation 

13 Account for use by the Utah Reclamation Mitigation and 

14 Conservation Commission. 

15 In addition, for necessary expenses incurred in car16 rying out related responsibilities of the Secretary of the In17 terior, $1,603,000, to remain available until expended. 

18 For fiscal year 2007, the Commission may use an 

19 amount not to exceed $1,500,000 for administrative ex20 penses. 

21 BUREAU OF RECLAMATION

22 The following appropriations shall be expended to exe23 cute authorized functions of the Bureau of Reclamation: 
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1 WATER AND RELATED RESOURCES

2 (INCLUDING TRANSFER OF FUNDS)

3 For management, development, and restoration of 

4 water and related natural resources and for related activi5 ties, including the operation, maintenance, and rehabilita6 tion of reclamation and other facilities, participation in 

7 fulfilling related Federal responsibilities to Native Ameri8 cans, and related grants to, and cooperative and other 

9 agreements with, State and local governments, Indian 

10 tribes, and others, $888,994,000, to remain available until 

11 expended, of which $64,878,000 shall be available for trans12 fer to the Upper Colorado River Basin Fund and 

13 $27,552,000 shall be available for transfer to the Lower Col14 orado River Basin Development Fund; of which such 

15 amounts as may be necessary may be advanced to the Colo16 rado River Dam Fund; of which not more than $500,000 

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

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

19 1706: Provided, That such transfers may be increased or 

20 decreased within the overall appropriation under this head21 ing: Provided further, That of the total appropriated, the 

22 amount for program activities that can be financed by the 

23 Reclamation Fund or the Bureau of Reclamation special 

24 fee account established by 16 U.S.C. 460l–6a(i) shall be de25 rived from that Fund or account: Provided further, That 

26 funds contributed under 43 U.S.C. 395 are available until 
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1 expended for the purposes for which contributed: Provided 

2 further, That funds advanced under 43 U.S.C. 397a shall 

3 be credited to this account and are available until expended 

4 for the same purposes as the sums appropriated under this 

5 heading: Provided further, That funds available for expend6 iture for the Departmental Irrigation Drainage Program 

7 may be expended by the Bureau of Reclamation for site re8 mediation on a non-reimbursable basis: Provided further, 

9 That the Bureau of Reclamation is authorized to determine 

10 the feasibility of rehabilitating the St. Mary Diversion and 

11 Conveyance Works in order to provide for sustained envi12 ronmental and economic benefit within the St. Mary and 

13 Milk River Basins; and to develop an emergency response 

14 plan, in the case of a catastrophic failure of the St. Mary 

15 Diversion and Conveyance Works: Provided further, That 

16 the costs related to this feasibility study shall be expended 

17 on a non-reimbursable basis: Provided further, That the Bu18 reau of Reclamation is authorized to analyze, review, and 

19 enhance current cost and design estimates for the repair of 

20 the inlet and outlet canals of the Jackson Gulch, Mancos 

21 Project: Provided further, That the Federal share of the cost 

22 of the studies carried out under this section shall be ex23 pended on a non-reimbursable basis. 

24 CENTRAL VALLEY PROJECT RESTORATION FUND

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

26 habitat restoration, improvement, and acquisition provi-
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1 sions of the Central Valley Project Improvement Act, 

2 $41,478,000, to be derived from such sums as may be col3 lected in the Central Valley Project Restoration Fund pur4 suant to sections 3407(d), 3404(c)(3), 3405(f), and 

5 3406(c)(1) of Public Law 102–575, to remain available 

6 until expended: Provided, That the Bureau of Reclamation 

7 is directed to assess and collect the full amount of the addi8 tional mitigation and restoration payments authorized by 

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

10 That none of the funds made available under this heading 

11 may be used for the acquisition or leasing of water for in12 stream purposes if the water is already committed to in13 stream purposes by a court adopted decree or order. 

14 CALIFORNIA BAY-DELTA RESTORATION

15 (INCLUDING TRANSFER OF FUNDS)

16 For carrying out activities authorized by the Water 

17 Supply, Reliability, and Environmental Improvement Act, 

18 consistent with plans to be approved by the Secretary of 

19 the Interior, $38,610,000, to remain available until ex20 pended, of which such amounts as may be necessary to 

21 carry out such activities may be transferred to appropriate 

22 accounts of other participating Federal agencies to carry 

23 out authorized purposes: Provided, That funds appro24 priated herein may be used for the Federal share of the costs 

25 of CALFED Program management: Provided further, That 

26 the use of any funds provided to the California Bay-Delta 
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1 Authority for program-wide management and oversight ac2 tivities shall be subject to the approval of the Secretary of 

3 the Interior: Provided further, That CALFED implementa4 tion shall be carried out in a balanced manner with clear 

5 performance measures demonstrating concurrent progress 

6 in achieving the goals and objectives of the Program. 

7 POLICY AND ADMINISTRATION

8 For necessary expenses of policy, administration, and 

9 related functions in the office of the Commissioner, the Den10 ver office, and offices in the five regions of the Bureau of 

11 Reclamation, to remain available until expended, 

12 $58,069,000, to be derived from the Reclamation Fund and 

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

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

15 be available for activities or functions budgeted as policy 

16 and administration expenses. 

17 ADMINISTRATIVE PROVISIONS

18 Appropriations for the Bureau of Reclamation shall 

19 be available for purchase of not to exceed 14 passenger 

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

21 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

22 SEC. 201. (a) None of the funds appropriated or other23 wise made available by this Act may be used to determine 

24 the final point of discharge for the interceptor drain for 

25 the San Luis Unit until development by the Secretary of 

26 the Interior and the State of California of a plan, which 
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1 shall conform to the water quality standards of the State 

2 of California as approved by the Administrator of the Envi3 ronmental Protection Agency, to minimize any detrimental 

4 effect of the San Luis drainage waters. 

5 (b) The costs of the Kesterson Reservoir Cleanup Pro6 gram and the costs of the San Joaquin Valley Drainage 

7 Program shall be classified by the Secretary of the Interior 

8 as reimbursable or nonreimbursable and collected until fully 

9 repaid pursuant to the ‘‘Cleanup Program-Alternative Re10 payment Plan’’ and the ‘‘SJVDP-Alternative Repayment 

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

12 Kesterson Reservoir Cleanup Program and San Joaquin 

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

14 the Department of the Interior, Bureau of Reclamation. 

15 Any future obligations of funds by the United States relat16 ing to, or providing for, drainage service or drainage stud17 ies for the San Luis Unit shall be fully reimbursable by 

18 San Luis Unit beneficiaries of such service or studies pur19 suant to Federal reclamation law. 

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

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

22 pay the salaries and expenses of personnel to purchase or 

23 lease water in the Middle Rio Grande or the Carlsbad 

24 Projects in New Mexico unless said purchase or lease is in 
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1 compliance with the purchase requirements of section 202 

2 of Public Law 106–60. 

3 SEC. 203. Funds under this title for Drought Emer4 gency Assistance shall be made available primarily for leas5 ing of water for specified drought related purposes from 

6 willing lessors, in compliance with existing State laws and 

7 administered under State water priority allocation. Such 

8 leases may be entered into with an option to purchase: Pro9 vided, That such purchase is approved by the State in 

10 which the purchase takes place and the purchase does not 

11 cause economic harm within the State in which the pur12 chase is made. 

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

14 the Commissioner of the Bureau of Reclamation, is author15 ized to enter into grants, cooperative agreements, and other 

16 agreements with irrigation or water districts and States to 

17 fund up to 50 percent of the cost of planning, designing, 

18 and constructing improvements that will conserve water, 

19 increase water use efficiency, or enhance water management 

20 through measurement or automation, at existing water sup21 ply projects within the States identified in the Act of June 

22 17, 1902, as amended, and supplemented: Provided, That 

23 when such improvements are to federally owned facilities, 

24 such funds may be provided in advance on a non-reimburs25 able basis to an entity operating affected transferred works 
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1 or may be deemed non-reimbursable for non-transferred 

2 works: Provided further, That the calculation of the non3 Federal contribution shall provide for consideration of the 

4 value of any in-kind contributions, but shall not include 

5 funds received from other Federal agencies: Provided fur6 ther, That the cost of operating and maintaining such im7 provements shall be the responsibility of the non-Federal en8 tity: Provided further, That this section shall not supercede 

9 any existing project-specific funding authority: Provided 

10 further, That the Secretary is also authorized to enter into 

11 grants or cooperative agreements with universities or non12 profit research institutions to fund water use efficiency re13 search. 

14 SEC. 205. (a) Section 209 of the Energy and Water 

15 Development Appropriations Act, 2004 (Public Law 108– 

16 137; 117 Stat. 1850) is repealed. 

17 (b) The Secretary of the Interior (referred to in this 

18 section as the ‘‘Secretary’’) shall establish an Executive 

19 Committee of the Middle Rio Grande Endangered Species 

20 Collaborative Program (referred to in this section as the 

21 ‘‘Executive Committee’’) consistent with section 5 of the by22 laws of the Middle Rio Grande Endangered Species Collabo23 rative Program adopted on June 9, 2006. 

24 (c) In compliance with applicable Federal and State 

25 laws, the Secretary (acting through the Commissioner of 
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1 Reclamation), in collaboration with the Executive Com2 mittee, may enter into any grants, contracts, cooperative 

3 agreements, interagency agreements, or other agreements 

4 that the Secretary determines to be necessary to comply 

5 with the 2003 Biological Opinion described in section 

6 205(b) of the Energy and Water Development Appropria7 tions Act, 2005 (Public Law 108–447; 118 Stat. 2949) as 

8 amended by section 121(b) of the Energy and Water Devel9 opment Appropriations Act, 2006 (Public Law 109–103; 

10 119 Stat. 2256). 

11 (d)(1) The acquisition of water under subsection (c) 

12 and any administrative costs associated with carrying out 

13 subsection (c) shall be at full Federal expense. 

14 (2) Not more than 15 percent of amounts appropriated 

15 to carry out subsection (c) shall be made available for the 

16 payment of administrative expenses associated with car17 rying out that subsection. 

18 (e)(1) The non-Federal share of activities carried out 

19 under subsection (c) (other than an activity or a cost de20 scribed in subsection (d)(1)) shall be 25 percent. The non21 Federal cost share shall be determined on a programmatic, 

22 rather than a project-by-project basis. 

23 (2) The non-Federal share required under paragraph 

24 (1) may be in the form of in-kind contributions, the value 

25 of which shall be determined by the Secretary. 
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1 (f) Nothing in this section modifies or expands the dis2 cretion of the Secretary with respect to operating reservoir 

3 facilities under the jurisdiction of the Secretary in the Rio 

4 Grande Valley, New Mexico. 

5 SEC. 206. In furtherance of section 529 of Public Law 

6 106–541, the Secretary of the Interior shall continue to par7 ticipate in implementation of the Project at Las Vegas 

8 Wash and Lake Mead in accordance with the Plan, and 

9 may provide grants to the Southern Nevada Water Author10 ity to carry out the implementation of the Project at Las 

11 Vegas Wash and Lake Mead in accordance with the Plan: 

12 Provided, That issuance of any such grants shall not modify 

13 the cost sharing requirements provided in section 529(b) of 

14 Public Law 106–541. 

15 SEC. 207. RESTORATION OF FISH, WILDLIFE, AND AS16 SOCIATED HABITATS IN WATERSHEDS OF CERTAIN LAKES. 

17 In carrying out section 2507 of Public Law 107–171, the 

18 Secretary of the Interior, acting through the Commissioner 

19 of Reclamation, shall use $5,000,000 to provide grants, to 

20 be divided equally, to the State of Nevada, the State of Cali21 fornia, the Federal Watermaster, the Truckee Meadows 

22 Water Authority, and the Pyramid Lake Paiute Tribe, to 

23 implement the Truckee River Settlement Act, Public Law 

24 101–618. 
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1 SEC. 208. ALL AMERICAN CANAL PROJECTS. Public 

2 Law 100–675 (102 Stat. 4000 et seq.) is amended by adding 

3 at the end the following new section: 

4 ‘‘SEC. 211. ALL AMERICAN CANAL PROJECTS. 

5 ‘‘(a) Notwithstanding any other provision of law, upon 

6 enactment of this subsection, the Secretary shall without 

7 delay implement the All American Canal Lining Project 

8 identified as the preferred alternative in the Record of Deci9 sion dated July 29, 1994, and as defined in the Allocation 

10 Agreement allocating water from the All American Canal 

11 Lining Project entered into as of October 10, 2003. If a 

12 State conducts a review or study of the implications of the 

13 All American Canal Lining Project as implemented, then 

14 upon request from the Governor of said State, the Commis15 sioner of Reclamation shall cooperate, to the extent prac16 ticable, in such review or study: Provided, That in no event 

17 shall the review or study delay implementation of the All 

18 American Canal Lining Project. 

19 ‘‘(b) Notwithstanding any other provision of law, upon 

20 enactment of this subsection, the Secretary shall, pursuant 

21 to authority granted by the Act of January 21, 1927 (44 

22 Stat. 1010 et seq.), as amended by the Act of July 1, 1940 

23 (54 Stat. 708), the Act of June 28, 1946 (60 Stat. 338), 

24 and the Act of May 1, 1958 (72 Stat. 101), without delay 

25 proceed to design and provide for the construction, oper-
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1 ation and maintenance of a regulated water storage facility, 

2 including all incidental works that are reasonably nec3 essary to operate the storage facility, to provide additional 

4 storage capacity to reduce non-storable flows on the Colo5 rado River below Parker Dam. The storage facility shall 

6 be located near or on the All American Canal, including 

7 all incidental works. 

8 ‘‘(c) The Treaty between the United States of America 

9 and the Republic of Mexico relating to Utilization of the 

10 Waters of the Colorado and Tijuana Rivers and of the Rio 

11 Grande, Treaty Series 994 (59 Stat. 1219), is the exclusive 

12 authority for identifying, considering, analyzing, or ad13 dressing impacts occurring outside the boundary of the 

14 United States of works constructed, acquired or used within 

15 the territorial limits of the United States.’’. 

16 TITLE III 

17 DEPARTMENT OF ENERGY 

18 ENERGY PROGRAMS 

19 ENERGY SUPPLY AND CONSERVATION

20 For Department of Energy expenses including the pur21 chase, construction, and acquisition of plant and capital 

22 equipment, and other expenses necessary for energy supply 

23 and energy conservation activities in carrying out the pur24 poses of the Department of Energy Organization Act (42 

25 U.S.C. 7101 et seq.), including the acquisition or con-
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1 demnation of any real property or any facility or for plant 

2 or facility acquisition, construction, or expansion, 

3 $2,294,053,000, to remain available until expended: Pro4 vided, That $300,000,000 is authorized to be appropriated 

5 for the Advanced Fuel Cycle Initiative and that 

6 $500,000,000 is authorized to be appropriated for nuclear 

7 energy research and development activities within the De8 partment of Energy. 

9 CLEAN COAL TECHNOLOGY

10 (DEFERRAL AND RESCISSION AND TRANSFER)

11 Of the funds made available under this heading for 

12 obligation in prior years, $203,000,000 shall not be avail13 able until October 1, 2007: Provided, That funds made 

14 available in previous appropriations Acts shall be made 

15 available for any ongoing project regardless of the separate 

16 request for proposal under which the project was selected: 

17 Provided further, That $50,000,000 of uncommitted bal18 ances is rescinded. 

19 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

20 For necessary expenses in carrying out fossil energy 

21 research and development activities, under the authority of 

22 the Department of Energy Organization Act (Public Law 

23 95–91), including the acquisition of interest, including de24 feasible and equitable interests in any real property or any 

25 facility or for plant or facility acquisition or expansion, 
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1 and for conducting inquiries, technological investigations 

2 and research concerning the extraction, processing, use, and 

3 disposal of mineral substances without objectionable social 

4 and environmental costs (30 U.S.C. 3, 1602, and 1603), 

5 $644,267,000, to remain available until expended, of which 

6 $54,000,000 shall be derived by transfer from ‘‘Clean Coal 

7 Technology’’ and is available to continue a multi-year 

8 project coordinated with the private sector for FutureGen, 

9 without regard to the terms and conditions applicable to 

10 clean coal technology projects: Provided, That the initial 

11 planning and research stages of the FutureGen project shall 

12 include a matching requirement from non-Federal sources 

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

14 any demonstration component of such project shall require 

15 a matching requirement from non-Federal sources of at 

16 least 50 percent of the costs of the component: Provided fur17 ther, That of the amounts provided, $70,000,000 is avail18 able, after coordination with the private sector, for a request 

19 for proposals for the Clean Coal Power Initiative in accord20 ance with sections 401 and 402 of Public Law 109–58: Pro21 vided further, That funds appropriated for prior solicita22 tions under the Clean Coal Technology Program, Power 

23 Plant Improvement Initiative, and Clean Coal Power Ini24 tiative, but not required by the Department to meet its obli25 gations on projects selected under such solicitations, may 
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1 be utilized for the solicitation under this Act in accordance 

2 with the requirements of this Act rather than the Acts under 

3 which the funds were appropriated: Provided further, That 

4 no project may be selected for which full funding is not 

5 available to provide for the total project: Provided further, 

6 That if applications selected for negotiation under this Act, 

7 are not awarded within two years from the date the appli8 cation was selected, negotiations shall cease and the Federal 

9 funds committed to the application shall be applied to the 

10 next round of the Clean Coal Power Initiative, except that 

11 the time limits may be extended at the Secretary’s discre12 tion for matters outside the control of the applicant, or if 

13 the Secretary determines that extension of the time limits 

14 are in the public interest: Provided further, That the De15 partment shall not finance more than 50 percent of the total 

16 costs of a project as estimated by the Department as of the 

17 date of award of financial assistance: Provided further, 

18 That financial assistance for costs in excess of those esti19 mated as of the date of award of original financial assist20 ance may not be provided in excess of the proportion of 

21 costs borne by the Government in the original agreement 

22 and only up to 25 percent of the original financial assist23 ance: Provided further, That at least 50 percent cost-sharing 

24 shall be required in each budget period of a project: Pro25 vided further, That other appropriated funds are not cost- 
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1 sharing for the purposes of this appropriation: Provided 

2 further, That funds derived by the Tennessee Valley Author3 ity from its power program shall be considered as eligible 

4 to meet cost-sharing requirements except to the extent that 

5 such funds are provided by annual appropriations Acts: 

6 Provided further, That funds provided for Clean Coal Power 

7 Initiative cooperative agreements awarded pursuant to this 

8 Act shall not be subject to repayment in accordance with 

9 section 988 of Public Law 109–58: Provided further, That 

10 no funds are appropriated hereunder to support centers for 

11 excellence under section 404 of Public Law 109–58: Pro12 vided further, That no part of the sum herein made avail13 able shall be used for the field testing of nuclear explosives 

14 in the recovery of oil and gas: Provided further, That up 

15 to 4 percent of program direction funds available to the Na16 tional Energy Technology Laboratory may be used to sup17 port Department of Energy activities not included in this 

18 account: Provided further, That for fiscal year 2007 salaries 

19 for Federal employees performing research and development 

20 activities at the National Energy Technology Laboratory 

21 can continue to be funded from program accounts: Provided 

22 further, That the Secretary of Energy is authorized to ac23 cept fees and contributions from public and private sources, 

24 to be deposited in a contributed funds account, and pros25 ecute projects using such fees and contributions in coopera-
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1 tion with other Federal, State, or private agencies or con2 cerns: Provided further, That revenues and other moneys 

3 received by or for the account of the Department of Energy 

4 or otherwise generated by sale of products in connection 

5 with projects of the Department appropriated under the 

6 Fossil Energy Research and Development account may be 

7 retained by the Secretary of Energy, to be available until 

8 expended, and used only for plant construction, operation, 

9 costs, and payments to cost-sharing entities as provided in 

10 appropriate cost-sharing contracts or agreements. 

11 NAVAL PETROLEUM AND OIL SHALE RESERVES

12 For expenses necessary to carry out naval petroleum 

13 and oil shale reserve activities, including the hire of pas14 senger motor vehicles, $39,810,000, to remain available 

15 until expended: Provided, That, notwithstanding any other 

16 provision of law, unobligated funds remaining from prior 

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

18 reserve activities. 

19 STRATEGIC PETROLEUM RESERVE

20 For necessary expenses for Strategic Petroleum Reserve 

21 facility development and operations and program manage22 ment activities pursuant to the Energy Policy and Con23 servation Act of 1975, as amended (42 U.S.C. 6201 et seq.), 

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

25 maintenance, and operation of aircraft, the purchase, re-
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1 pair, and cleaning of uniforms, the reimbursement to the 

2 General Services Administration for security guard serv3 ices, $155,430,000, to remain available until expended. 

4 NORTHEAST HOME HEATING OIL RESERVE

5 For necessary expenses for Northeast Home Heating 

6 Oil Reserve storage, operation, and management activities 

7 pursuant to the Energy Policy and Conservation Act, 

8 $4,950,000, to remain available until expended. 

9 ENERGY INFORMATION ADMINISTRATION

10 For necessary expenses in carrying out the activities 

11 of the Energy Information Administration, $93,032,000, to 

12 remain available until expended. 

13 NON-DEFENSE ENVIRONMENTAL CLEANUP

14 For Department of Energy expenses, including the 

15 purchase, construction, and acquisition of plant and cap16 ital equipment and other expenses necessary for non-defense 

17 environmental cleanup activities in carrying out the pur18 poses of the Department of Energy Organization Act (42 

19 U.S.C. 7101 et seq.), including the acquisition or con20 demnation of any real property or any facility or for plant 

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

22 purchase of not to exceed six passenger motor vehicles for 

23 replacement only, $310,358,000, to remain available until 

24 expended. 
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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 Atom6 ic Energy Act of 1954, as amended, and title X, subtitle 

7 A, of the Energy Policy Act of 1992, $573,368,000, to be 

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

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

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

11 SCIENCE

12 For Department of Energy expenses including the pur13 chase, construction and acquisition of plant and capital 

14 equipment, and other expenses necessary for science activi15 ties in carrying out the purposes of the Department of En16 ergy Organization Act (42 U.S.C. 7101 et seq.), including 

17 the acquisition or condemnation of any real property or 

18 facility or for plant or facility acquisition, construction, or 

19 expansion, and purchase of not to exceed twenty-five pas20 senger motor vehicles for replacement only, $4,241,062,000, 

21 to remain available until expended. 

22 NUCLEAR WASTE DISPOSAL

23 For nuclear waste disposal activities to carry out the 

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

25 Law 97–425, as amended (the ‘‘Act’’), including the acqui-
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1 sition of real property or facility construction or expansion, 

2 $136,420,000, to remain available until expended, of which 

3 $136,000,000 shall be derived from the Nuclear Waste Fund: 

4 Provided, That of the amounts provided, $10,000,000 shall 

5 be used to promote the development of one or more Depart6 ment of Energy consolidation and preparation facilities for 

7 spent nuclear fuel at locations that are both (i) away from 

8 civilian nuclear power reactors, and (ii) in a State other 

9 than one in which there is located a site that has been either 

10 recommended by the President for a permanent repository 

11 for spent nuclear fuel and high-level radioactive waste, or 

12 for which the Nuclear Regulatory Commission has author13 ized the construction and operation of a commercial, away 

14 from reactor, dry storage facility for spent nuclear fuel: 

15 Provided further, That of the funds made available in this 

16 Act for Nuclear Waste Disposal, $2,000,000 shall be pro17 vided to the State of Nevada solely for expenditures, other 

18 than salaries and expenses of State employees, to conduct 

19 scientific oversight responsibilities and participate in li20 censing activities pursuant to the Act: Provided further, 

21 That notwithstanding the lack of a written agreement with 

22 the State of Nevada under section 117(c) of the Nuclear 

23 Waste Policy Act of 1982, Public Law 97–425, as amended, 

24 not less than $500,000 shall be provided to Nye County, 

25 Nevada, for on-site oversight activities under section 117(d) 
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1 of that Act: Provided further, That $7,500,000 shall be pro2 vided to affected units of local government, as defined in 

3 the Act, to conduct appropriate activities and participate 

4 in licensing activities: Provided further, That 7.5 percent 

5 of the funds provided shall be made available to affected 

6 units of local government in California with the balance 

7 made available to affected units of local government in Ne8 vada for distribution as determined by the Nevada units 

9 of local government: Provided further, That notwith10 standing the provisions of chapters 65 and 75 of title 31, 

11 United States Code, the Department shall have no moni12 toring, auditing or other oversight rights or responsibilities 

13 over amounts provided to affected units of local government 

14 in this or any previous year: Provided further, That the 

15 funds for the State of Nevada shall be made available solely 

16 to the Nevada Division of Emergency Management by direct 

17 payment and to units of local government by direct pay18 ment: Provided further, That within 90 days of the comple19 tion of each Federal fiscal year, the Nevada Division of 

20 Emergency Management and the Governor of the State of 

21 Nevada and each of the affected units of local government 

22 shall provide certification to the Department of Energy that 

23 all funds expended from such payments have been expended 

24 for activities authorized by the Act and this Act: Provided 

25 further, That failure to provide such certification shall 
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1 cause such entity to be prohibited from any further funding 

2 provided for similar activities: Provided further, That none 

3 of the funds herein appropriated may be: (1) used directly 

4 or indirectly to influence legislative action, except for nor5 mal and recognized executive-legislative communications, 

6 on any matter pending before Congress or a State legisla7 ture or for lobbying activity as provided in 18 U.S.C. 1913; 

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

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

12 the Secretary in carrying out activities authorized by the 

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

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

16 further, That no funds provided in this Act or any previous 

17 Act may be used to pursue repayment or collection of funds 

18 provided in any fiscal year to affected units of local govern19 ment for oversight activities that had been previously ap20 proved by the Department of Energy, or to withhold pay21 ment of any such funds. 

22 DEPARTMENTAL ADMINISTRATION

23 (INCLUDING TRANSFER OF FUNDS)

24 For salaries and expenses of the Department of Energy 

25 necessary for departmental administration in carrying out 
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1 the purposes of the Department of Energy Organization Act 

2 (42 U.S.C. 7101 et seq.), including the hire of passenger 

3 motor vehicles and official reception and representation ex4 penses not to exceed $35,000, $281,382,000, to remain 

5 available until expended, plus such additional amounts as 

6 necessary to cover increases in the estimated amount of cost 

7 of work for others notwithstanding the provisions of the 

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

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

10 increases of the same or greater amount, to remain avail11 able until expended: Provided further, That moneys received 

12 by the Department for miscellaneous revenues estimated to 

13 total $123,000,000 in fiscal year 2007 may be retained and 

14 used for operating expenses within this account, and may 

15 remain available until expended, as authorized by section 

16 201 of Public Law 95–238, notwithstanding the provisions 

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

18 appropriated shall be reduced by the amount of miscella19 neous revenues received during 2007, and any related ap20 propriated receipt account balances remaining from prior 

21 years’ miscellaneous revenues, so as to result in a final fis22 cal year 2007 appropriation from the general fund esti23 mated at not more than $158,382,000. 
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1 OFFICE OF THE INSPECTOR GENERAL

2 For necessary expenses of the Office of the Inspector 

3 General in carrying out the provisions of the Inspector Gen4 eral Act of 1978, as amended, $45,507,000, to remain avail5 able until expended. 

6 ATOMIC ENERGY DEFENSE ACTIVITIES 

7 NATIONAL NUCLEAR SECURITY ADMINISTRATION

8 WEAPONS ACTIVITIES

9 (INCLUDING TRANSFER OF FUNDS)

10 For Department of Energy expenses, including the 

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

13 atomic energy defense weapons activities in carrying out 

14 the purposes of the Department of Energy Organization Act 

15 (42 U.S.C. 7101 et seq.), including the acquisition or con16 demnation of any real property or any facility or for plant 

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

18 purchase of not to exceed 14 passenger motor vehicles, for 

19 replacement only, including not to exceed two buses; 

20 $6,503,051,000, to remain available until expended: Pro21 vided, That $112,422,000 is provided for the 04–D–125 

22 Chemistry and Metallurgy facility replacement project: 

23 Provided further, That $7,000,000 is provide for project en24 gineering and design work on LANSCE-Replacement. 
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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, $1,572,654,000, 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, $795,133,000, 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, $386,576,000, 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 $5,479,070,000, to remain available until expended: Pro13 vided, That any penalties assessed for non-compliance with 

14 the Consent Order for the cleanup at Los Alamos National 

15 Lab shall be assessed to the Program Direction account. 

16 OTHER DEFENSE ACTIVITIES

17 For Department of Energy expenses, including the 

18 purchase, construction, and acquisition of plant and cap19 ital equipment and other expenses, necessary for atomic en20 ergy defense, other defense activities, and classified activi21 ties, in carrying out the purposes of the Department of En22 ergy Organization Act (42 U.S.C. 7101 et seq.), including 

23 the acquisition or condemnation of any real property or 

24 any facility or for plant or facility acquisition, construc25 tion, or expansion, and the purchase of not to exceed ten 
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1 passenger motor vehicles for replacement only, 

2 $731,788,000, to remain available until expended. 

3 DEFENSE NUCLEAR WASTE DISPOSAL

4 For nuclear waste disposal activities to carry out the 

5 purposes of Public Law 97–425, as amended, including the 

6 acquisition of real property or facility construction or ex7 pansion, $358,080,000, to remain available until expended. 

8 POWER MARKETING ADMINISTRATIONS 

9 BONNEVILLE POWER ADMINISTRATION FUND

10 Expenditures from the Bonneville Power Administra11 tion Fund, established pursuant to Public Law 93–454, are 

12 approved for the Lower Granite Dam fish trap, the Chief 

13 Joseph Dam Hatchery, the Kootenai River White Sturgeon 

14 Hatchery, the Nez Perce Tribal Hatchery, Redfish Lake 

15 Sockeye Captive Brood expansion, and, in addition, for offi16 cial reception and representation expenses in an amount 

17 not to exceed $1,500. During fiscal year 2007, no new direct 

18 loan obligations may be made. 

19 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

20 ADMINISTRATION

21 For necessary expenses of operation and maintenance 

22 of power transmission facilities and of electric power and 

23 energy, including transmission wheeling and ancillary 

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

25 1944 (16 U.S.C. 825s), as applied to the southeastern power 
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1 area, $5,723,000, to remain available until expended: Pro2 vided, That, notwithstanding 31 U.S.C. 3302, up to 

3 $34,392,000 collected by the Southeastern Power Adminis4 tration pursuant to the Flood Control Act of 1944 to recover 

5 purchase power and wheeling expenses shall be credited to 

6 this account as offsetting collections, to remain available 

7 until expended for the sole purpose of making purchase 

8 power and wheeling expenditures. 

9 OPERATION AND MAINTENANCE, SOUTHWESTERN POWER

10 ADMINISTRATION

11 For necessary expenses of operation and maintenance 

12 of power transmission facilities and of marketing electric 

13 power and energy, for construction and acquisition of 

14 transmission lines, substations and appurtenant facilities, 

15 and for administrative expenses, including official recep16 tion and representation expenses in an amount not to ex17 ceed $1,500 in carrying out section 5 of the Flood Control 

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

19 power administration, $31,539,000, to remain available 

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

21 3302, up to $40,600,000 collected by the Southwestern 

22 Power Administration pursuant to the Flood Control Act 

23 to recover purchase power and wheeling expenses shall be 

24 credited to this account as offsetting collections, to remain 
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1 available until expended for the sole purpose of making pur2 chase power and wheeling expenditures. 

3 CONSTRUCTION, REHABILITATION, OPERATION AND

4 MAINTENANCE, WESTERN AREA POWER ADMINISTRATION

5 For carrying out the functions authorized by title III, 

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

7 7152), and other related activities including conservation 

8 and renewable resources programs as authorized, including 

9 official reception and representation expenses in an amount 

10 not to exceed $1,500; $212,213,000, to remain available 

11 until expended, of which $208,776,000 shall be derived from 

12 the Department of the Interior Reclamation Fund: Pro13 vided, That of the amount herein appropriated, $6,892,000 

14 is for deposit into the Utah Reclamation Mitigation and 

15 Conservation Account pursuant to title IV of the Reclama16 tion Projects Authorization and Adjustment Act of 1992: 

17 Provided further, That notwithstanding the provision of 31 

18 U.S.C. 3302, up to $274,852,000 collected by the Western 

19 Area Power Administration pursuant to the Flood Control 

20 Act of 1944 and the Reclamation Project Act of 1939 to 

21 recover purchase power and wheeling expenses shall be cred22 ited to this account as offsetting collections, to remain avail23 able until expended for the sole purpose of making purchase 

24 power and wheeling expenditures. 
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1 FALCON AND AMISTAD OPERATING AND MAINTENANCE

2 FUND

3 For operation, maintenance, and emergency costs for 

4 the hydroelectric facilities at the Falcon and Amistad 

5 Dams, $2,500,000, to remain available until expended, and 

6 to be derived from the Falcon and Amistad Operating and 

7 Maintenance Fund of the Western Area Power Administra8 tion, as provided in section 423 of the Foreign Relations 

9 Authorization Act, Fiscal Years 1994 and 1995. 

10 FEDERAL ENERGY REGULATORY COMMISSION

11 SALARIES AND EXPENSES

12 For necessary expenses of the Federal Energy Regu13 latory Commission to carry out the provisions of the De14 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

16 the hire of passenger motor vehicles, and official reception 

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

18 $230,800,000, to remain available until expended: Pro19 vided, That notwithstanding any other provision of law, not 

20 to exceed $230,800,000 of revenues from fees and annual 

21 charges, and other services and collections in fiscal year 

22 2007 shall be retained and used for necessary expenses in 

23 this account, and shall remain available until expended: 

24 Provided further, That the sum herein appropriated from 

25 the general fund shall be reduced as revenues are received 
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1 during fiscal year 2007 so as to result in a final fiscal year 

2 2007 appropriation from the general fund estimated at not 

3 more than $0. 

4 GENERAL PROVISIONS, DEPARTMENT OF 

5 ENERGY 

6 SEC. 301. CONTRACT COMPETITION. (a)(1) None of the 

7 funds in this or any other appropriations Act for fiscal year 

8 2007 or any previous fiscal year may be used to make pay9 ments for a noncompetitive management and operating 

10 contract unless the Secretary of Energy has published in 

11 the Federal Register and submitted to the Committees on 

12 Appropriations of the House of Representatives and the 

13 Senate a written notification, with respect to each such con14 tract, of the Secretary’s decision to use competitive proce15 dures for the award of the contract, or to not renew the 

16 contract, when the term of the contract expires. 

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

18 up to 2 years of a noncompetitive management and oper19 ating contract, if the extension is for purposes of allowing 

20 time to award competitively a new contract, to provide con21 tinuity of service between contracts, or to complete a con22 tract that will not be renewed. 

23 (b) In this section: 

24 (1) The term ‘‘noncompetitive management and 

25 operating contract’’ means a contract that was 
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1 awarded more than 50 years ago without competition 

2 for the management and operation of Ames Labora3 tory, Argonne National Laboratory, Lawrence Berke4 ley National Laboratory, Lawrence Livermore Na5 tional Laboratory, and Los Alamos National Labora6 tory. 

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

8 meaning provided in section 4 of the Office of Federal 

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

10 procedures described in section 303 of the Federal 

11 Property and Administrative Services Act of 1949 (41 

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

13 proposal from only one source. 

14 (c) For all management and operating contracts other 

15 than those listed in subsection (b)(1), none of the funds ap16 propriated by this Act may be used to award a management 

17 and operating contract, or award a significant extension 

18 or expansion to an existing management and operating 

19 contract, unless such contract is awarded using competitive 

20 procedures or the Secretary of Energy grants, on a case21 by-case basis, a waiver to allow for such a deviation. The 

22 Secretary may not delegate the authority to grant such a 

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

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

25 shall submit to the Committees on Appropriations of the 
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1 House of Representatives and the Senate a report notifying 

2 the Committees of the waiver and setting forth, in speci3 ficity, the substantive reasons why the Secretary believes the 

4 requirement for competition should be waived for this par5 ticular award. 

6 SEC. 302. WORKFORCE RESTRUCTURING. None of the 

7 funds appropriated by this Act may be used to— 

8 (1) develop or implement a workforce restruc9 turing plan that covers employees of the Department 

10 of Energy; or 

11 (2) provide enhanced severance payments or 

12 other benefits for employees of the Department of En13 ergy, under section 3161 of the National Defense Au14 thorization Act for Fiscal Year 1993 (Public Law 

15 102–484; 42 U.S.C. 7274h). 

16 SEC. 303. SECTION 3161 ASSISTANCE. None of the 

17 funds appropriated by this Act may be used to augment 

18 the funds made available for obligation by this Act for sever19 ance payments and other benefits and community assist20 ance grants under section 3161 of the National Defense Au21 thorization Act for Fiscal Year 1993 (Public Law 102–484; 

22 42 U.S.C. 7274h) unless the Department of Energy submits 

23 a reprogramming request to the appropriate congressional 

24 committees. 
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1 SEC. 304. UNFUNDED REQUESTS FOR PROPOSALS. 

2 None of the funds appropriated by this Act may be used 

3 to prepare or initiate Requests For Proposals (RFPs) for 

4 a program if the program has not been funded by Congress. 

5 SEC. 305. UNEXPEND BALANCES. The unexpended bal6 ances of prior appropriations provided for activities in this 

7 Act may be available to the same appropriation accounts 

8 for such activities established pursuant to this title. Avail9 able balances may be merged with funds in the applicable 

10 established accounts and thereafter may be accounted for 

11 as one fund for the same time period as originally enacted. 

12 SEC. 306. BONNEVILLE POWER AUTHORITY SERVICE

13 TERRITORY. None of the funds in this or any other Act for 

14 the Administrator of the Bonneville Power Administration 

15 may be used to enter into any agreement to perform energy 

16 efficiency services outside the legally defined Bonneville 

17 service territory, with the exception of services provided 

18 internationally, including services provided on a reimburs19 able basis, unless the Administrator certifies in advance 

20 that such services are not available from private sector busi21 nesses. 

22 SEC. 307. USER FACILITIES. When the Department of 

23 Energy makes a user facility available to universities or 

24 other potential users, or seeks input from universities or 

25 other potential users regarding significant characteristics or 
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1 equipment in a user facility or a proposed user facility, 

2 the Department shall ensure broad public notice of such 

3 availability or such need for input to universities and other 

4 potential users. When the Department of Energy considers 

5 the participation of a university or other potential user as 

6 a formal partner in the establishment or operation of a user 

7 facility, the Department shall employ full and open com8 petition in selecting such a partner. For purposes of this 

9 section, the term ‘‘user facility’’ includes, but is not limited 

10 to: (1) a user facility as described in section 2203(a)(2) of 

11 the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) 

12 a National Nuclear Security Administration Defense Pro13 grams Technology Deployment Center/User Facility; and 

14 (3) any other Departmental facility designated by the De15 partment as a user facility. 

16 SEC. 308. INTELLIGENCE ACTIVITIES. Funds appro17 priated by this or any other Act, or made available by the 

18 transfer of funds in this Act, for intelligence activities are 

19 deemed to be specifically authorized by the Congress for pur20 poses of section 504 of the National Security Act of 1947 

21 (50 U.S.C. 414) during fiscal year 2007 until the enactment 

22 of the Intelligence Authorization Act for fiscal year 2007. 

23 SEC. 309. LABORATORY DIRECTED RESEARCH AND

24 DEVELOPMENT. Of the funds made available by the Depart25 ment of Energy for activities at government-owned, con-
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1 tractor-operator operated laboratories funded in this Act or 

2 subsequent Energy and Water Development Appropriations 

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

4 to exceed 8 percent of such funds, to be used by such labora5 tories for laboratory-directed research and development: 

6 Provided, That the Secretary may also authorize a specific 

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

8 by the plant manager of a covered nuclear weapons produc9 tion plant or the manager of the Nevada Site Office for 

10 plant or site-directed research and development: Provided 

11 further, That notwithstanding Department of Energy order 

12 413.2A, dated January 8, 2001, beginning in fiscal year 

13 2006 and thereafter, all DOE laboratories may be eligible 

14 for laboratory directed research and development funding. 

15 SEC. 310. For fiscal year 2007 and each year there16 after, for the cost of guaranteed loans as authorized by sec17 tion 1702(b)(2) of the Energy Policy Act of 2005, such sums 

18 as are hereafter derived from amounts received from bor19 rowers pursuant to section 1702(b)(2) of that Act, to remain 

20 available until expended: Provided, That the source of such 

21 payments received from borrowers is not a loan or other 

22 debt obligation that is guaranteed by the Federal Govern23 ment. In addition, for administrative expenses to carry out 

24 the guaranteed loan program, such sums as are hereafter 

25 derived from loan fees collected under section 1702(h) of the 
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1 Energy Policy Act of 2006, which shall be transferred to 

2 and merged with the appropriation for ‘‘Departmental Ad3 ministration’’, to be used only for the costs of administering 

4 the loan guarantee program authorized under that Act, and 

5 to remain available until expended. 

6 SEC. 311. To the extent the Secretary of Energy deems 

7 necessary to implement research and development activities 

8 at a site to establish and evaluate the technical feasibility 

9 of advanced recycling technologies, the Secretary of Energy 

10 may take title to spent fuel from civilian nuclear power 

11 reactors and transport such spent fuel to and store it at 

12 the site; provided that the Secretary shall remove from the 

13 site such spent fuel or any high-level radioactive waste re14 sulting from processing the spent fuel not later than one 

15 year after the completion of the research and development 

16 activities. 

17 SEC. 312. For fiscal year 2007, except as otherwise 

18 provided by law in effect as of the date of this Act or unless 

19 a rate is specifically set by an Act of Congress thereafter, 

20 the Administrators of the Southeastern Power Administra21 tion, the Southwestern Power Administration, and the 

22 Western Area Power Administration, shall use the ‘‘yield’’ 

23 rate in computing interest during construction and interest 

24 on the unpaid balance of the costs of Federal power facili25 ties. The yield rate shall be defined as the average yield 
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1 during the preceding fiscal year on interest-bearing market2 able securities of the United States which, at the time the 

3 computation is made, have terms of 15 years or more re4 maining to maturity. 

5 SEC. 313. CONSOLIDATION AND PREPARATION FACILI6 TIES. (a) DEFINITIONS.— 

7 (1) ACCEPT, ACCEPTANCE.—The terms ‘‘accept’’ 

8 and ‘‘acceptance’’ mean the Secretary’s act of taking 

9 possession of, and title to, spent nuclear fuel or high10 level radioactive waste. 

11 (2) CIVILIAN NUCLEAR POWER REACTOR.—The 

12 term ‘‘civilian nuclear power reactor’’ shall have the 

13 same meaning as provided in the Nuclear Waste Pol14 icy Act of 1982 (42 U.S.C. 10101 et seq.). 

15 (3) COMMISSION.—The term ‘‘Commission’’ 

16 means the Nuclear Regulatory Commission. 

17 (4) CONSOLIDATION AND PREPARATION FACIL18 ITY.—The term ‘‘consolidation and preparation facil19 ity’’ means a facility designed and constructed for the 

20 receipt, handling, possession, safeguarding, and stor21 age of spent nuclear fuel and high-level radioactive 

22 waste in accordance with this section. 

23 (5) CONTRACTS.—The term ‘‘contracts’’ means 

24 the contracts executed under section 302(a) of the Nu25 clear Waste Policy Act of 1982, by the Secretary and 
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1 any person who generates or holds title to spent nu2 clear fuel or high-level radioactive waste of domestic 

3 origin for acceptance of such waste or fuel by the Sec4 retary and the payment of fees to offset the Sec5 retary’s expenditures. 

6 (6) CONTRACT HOLDERS.—The term ‘‘contract 

7 holders’’ means parties (other than the Secretary) to 

8 contracts. 

9 (7) DISPOSAL.—The term ‘‘disposal’’ shall have 

10 the same meaning as provided in the Nuclear Waste 

11 Policy Act of 1982 (42 U.S.C. 10101 et seq.). 

12 (8) REPOSITORY.—The term ‘‘repository’’ shall 

13 have the same meaning as provided in the Nuclear 

14 Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.). 

15 (9) SECRETARY.—The term ‘‘Secretary’’ shall 

16 mean the Secretary of Energy. 

17 (10) STORAGE.—The term ‘‘storage’’ shall have 

18 the same meaning as provided in the Nuclear Waste 

19 Policy Act of 1982 (42 U.S.C. 10101 et seq.). 

20 (b) ACCEPTANCE.— 

21 (1) ACCEPTANCE FOR SHUT DOWN REACTORS.— 

22 If a civilian nuclear power reactor has reached the 

23 end of its useful life or has been shut down perma24 nently for whatever reason, the Secretary, at the re-
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1 quest of the contract holder or the successor thereto, 

2 shall assume— 

3 (A) the title to the high-level nuclear waste 

4 and spent nuclear fuel remaining at the site of 

5 the shutdown facility; and 

6 (B) responsibility for the storage of the 

7 high-level radioactive waste and spent nuclear 

8 fuel at the site of the shutdown facility until 

9 such time as the high-level radioactive waste or 

10 spent nuclear fuel can be moved to another site 

11 for storage or disposal. 

12 (2) ACCEPTANCE FOR STORAGE AT CONSOLIDA13 TION AND PREPARATION FACILITIES.— 

14 (A) ACCEPTANCE.—The Secretary shall ac15 cept spent nuclear fuel and high-level radioactive 

16 waste at facilities designated by contract holders 

17 pursuant to the contracts, for storage at consoli18 dation and preparation facilities constructed 

19 pursuant to this section. 

20 (B) PRIORITY.—After receipt of a license to 

21 construct and operate an consolidation and 

22 preparation facility under this section, the Sec23 retary shall, to the greatest extent practicable, 

24 accept fuel eligible to be moved to that consolida25 tion and preparation facility based upon the Ac-
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1 ceptance Priority Ranking established under 

2 part 961 of title 10, Code of Federal Regulations. 

3 (c) TRANSPORTATION.—The Secretary shall provide 

4 for the transportation of spent nuclear fuel and high-level 

5 radioactive waste accepted by the Secretary. The Secretary 

6 shall procure all systems and components necessary to 

7 transport spent nuclear fuel and high-level radioactive 

8 waste from facilities designated by contract holders to the 

9 consolidation and preparation facilities. Transportation of 

10 spent nuclear fuel under this section shall be subject to li11 censing and regulation by the Commission and by the Sec12 retary of Transportation as provided for transportation of 

13 commercial spent nuclear fuel under existing law. 

14 (d) DESIGNATION AND CONSTRUCTION OF CONSOLIDA15 TION AND PREPARATION FACILITY SITES.— 

16 (1) DESIGNATION OF CONSOLIDATION AND PREP17 ARATION FACILITY SITES.— 

18 (A) Within 90 days of the issuance of the 

19 report under paragraph (4)(C), the Secretary, in 

20 consultation with the Governor of each State 

21 containing the site of a civilian nuclear power 

22 reactor, shall designate an eligible site within 

23 that State for the location of a consolidation and 

24 preparation facility for spent nuclear fuel stored 

25 within that State, unless the Secretary deter-
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1 mines that designation of such a site is not fea2 sible or desirable. During the consultation, the 

3 Governor may nominate an eligible site or sites. 

4 (B) Within 90 days of the issuance of the 

5 report under paragraph (4)(C), the Secretary 

6 may determine that it is in the national interest 

7 to locate a regional consolidation and prepara8 tion facility and on that basis designate an eligi9 ble site for that purpose, except that no eligible 

10 site shall be designated for a regional consolida11 tion and preparation facility in a State in 

12 which a site has been designated pursuant to 

13 (1)(A). 

14 (2) ELIGIBLE SITES.—Subject to the limitations 

15 set forth in subsection (3), any site that is within a 

16 State that contains a civilian nuclear power reactor 

17 that is owned by the Federal Government or that can 

18 be purchased by the Federal government from any 

19 willing seller is eligible for designation by the Sec20 retary pursuant to (d)(1). 

21 (3) INELIGIBLE SITES.—No site can be des22 ignated for the location, construction and operation of 

23 a consolidation and preparation facility for spent nu24 clear fuel— 
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1 (A) in any State in which there is located 

2 any site selected for a repository under section 

3 115 of the Nuclear Waste Policy Act of 1982 (42 

4 U.S.C. 10101 et seq.); 

5 (B) in any State in which the Nuclear Reg6 ulatory Commission has authorized the construc7 tion and operation of commercial, away from re8 actor, above ground dry cask storage facility for 

9 spent nuclear fuel that is currently authorized to 

10 receive additional spent nuclear fuel; or 

11 (C) which includes lands within the Na12 tional Park System, National Forests or Wildlife 

13 Refuges or lands managed by the Bureau of 

14 Land Management that are within a conserva15 tion system unit. 

16 (4) DIRECTOR OF CONSOLIDATION AND PREPARA17 TION.— 

18 (A) Within 60 days of enactment of this 

19 Act, the Secretary shall designate a Director of 

20 Consolidation and Preparation. 

21 (B) Within 180 days of enactment of this 

22 Act, the Director of Consolidation and Prepara23 tion, in consultation with the Governor of each 

24 State containing the site of a civilian nuclear 

25 power reactor, shall evaluate the feasibility and 
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1 desirability of locating a consolidation and prep2 aration facility within each State containing a 

3 civilian nuclear power reactor, and shall make 

4 recommendations to the Secretary regarding 

5 methods to most efficiently and expeditiously lo6 cate such a facility in each State containing a 

7 civilian nuclear power reactor. 

8 (C) The Coordinator shall issue a report of 

9 findings to the Secretary and such report shall 

10 be provided to the relevant Congressional Com11 mittees of jurisdiction, and published in the Fed12 eral Register for comment. 

13 (5) LICENSE APPLICATION.—No later than 30 

14 days after the date on which the Secretary designates 

15 a consolidation and preparation facility site under 

16 paragraphs (1)(A) or (1)(B) of this subsection, the 

17 Secretary shall submit a license application and an 

18 environmental report to the Commission in accord19 ance with applicable regulations (subpart B of part 

20 72 of title 10, Code of Federal Regulations, and sub21 part A of part 51 of title 10, Code of Federal Regula22 tions, respectively). The license application shall be 

23 for a term of 25 years, and the license shall be non24 renewable. 

25 (6) DESIGN.— 
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1 (A) The design for the consolidation and 

2 preparation facilities shall provide for the use of 

3 storage technologies which are licensed, approved, 

4 or certified by the Commission, to ensure com5 patibility between the consolidation and prepa6 ration facilities and contract holders’ spent nu7 clear fuel and facilities. 

8 (B) The Secretary shall consent to an 

9 amendment to the contracts to provide for reim10 bursement to contract holders for transportable 

11 storage systems purchased by contract holders if 

12 the Secretary determines that it is cost effective 

13 to use such transportable storage systems, pro14 vided that the Secretary shall not be required to 

15 expend any funds to modify contract holders’ 

16 storage or transport systems or to seek additional 

17 regulatory approvals in order to use such sys18 tems. 

19 (7) AUTHORIZATION.—There is authorized to be 

20 appropriated to carry out this subsection $10,000,000 

21 for each of fiscal years 2007 through 2011. 

22 (e) LICENSE AMENDMENTS.—The Secretary may seek 

23 such amendments to the licenses for the consolidation and 

24 preparation facilities as the Secretary may deem appro25 priate, including amendments to use new storage tech-
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1 nologies licensed by the Commission or to respond to 

2 changes in Commission regulations. 

3 (f) COMMISSION ACTIONS.— 

4 (1) The issuance of a license to construct and op5 erate the consolidation and preparation facilities 

6 shall be considered a major Federal action signifi7 cantly affecting the quality of the human environment 

8 for purposes of the National Environmental Policy 

9 Act of 1969 (42 U.S.C. 4321 et seq.). Prior to issuing 

10 a license under this section, the Commission shall pre11 pare a final environmental impact statement in ac12 cordance with the National Environmental Policy Act 

13 of 1969, the Commission’s regulations. The Commis14 sion shall ensure that this environmental impact 

15 statement is consistent with the scope of the licensing 

16 action and shall analyze the impacts of transpor17 tation of spent nuclear fuel and high-level radioactive 

18 waste to the consolidation and preparation facility. 

19 (2) CONSIDERATION.—Such environmental im20 pact statement shall not consider the environmental 

21 impacts of the storage of spent nuclear fuel and high22 level radioactive waste at the consolidation and prep23 aration facility beyond the term of the license. 

24 (g) PRELIMINARY DECISIONMAKING ACTIVITIES.—The 

25 Secretary’s activities under this section, including, but not 
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1 limited to, the selection of sites for the consolidation and 

2 preparation facilities, assessments, the preparation and 

3 submittal of a license application and supporting docu4 mentation, the construction and use of a facility licensed 

5 by the Commission pursuant to this section shall be consid6 ered preliminary decisionmaking activities for purposes of 

7 judicial review. The Secretary shall not prepare an environ8 mental impact statement under section 102(2)(C) of the Na9 tional Environmental Policy Act of 1969 (42 U.S.C. 

10 4332(2)(C)) or any environmental review under subpara11 graph (E) or (F) of such Act before conducting these activi12 ties. 

13 (h) JUDICIAL REVIEW.—Judicial review of the Com14 mission’s environmental impact statement under the Na15 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

16 et seq.) shall be consolidated with judicial review of the 

17 Commission’s licensing decision. 

18 (i) LICENSING DEADLINE.—The Commission shall 

19 issue a final decision granting or denying a license for a 

20 consolidation and preparation facility not later than 32 

21 months after the date of submittal of the application for 

22 such license. 

23 (j) WASTE CONFIDENCE.—The provisions of this Act, 

24 and the Secretary’s obligation to develop a repository in 

25 accordance with the provisions of the Nuclear Waste Policy 
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1 Act of 1982 (42 U.S.C. 10101 et seq.), shall provide suffi2 cient and independent grounds for any further findings by 

3 the Commission of reasonable assurance that spent nuclear 

4 fuel and high-level radioactive waste will be disposed of 

5 safely and on a timely basis for purposes of the Commis6 sion’s decision to grant or amend any license to operate 

7 any civilian nuclear power reactor under the Atomic En8 ergy Act of 1954 (42 U.S.C. 2011, et seq.). 

9 (k) EXPENDITURES FROM THE NUCLEAR WASTE

10 FUND.—Notwithstanding the provisions of section 302(d) 

11 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

12 10222(d)), the Secretary shall make expenditures from the 

13 Waste Fund for the identification, development, licensing, 

14 construction, operation, decommissioning of any consolida15 tion and preparation facility constructed under this section, 

16 any costs that may be incurred by the Secretary in connec17 tion with the transportation, treating, or packaging of spent 

18 nuclear fuel or high-level radioactive waste to be stored in 

19 a consolidation and preparation facility authorized under 

20 this section and any cost that may be incurred as a result 

21 of the Secretary’s obligation to accept and store high level 

22 nuclear waste and spent fuel under subsection (b)(1) of this 

23 section. 

24 (l) CONSOLIDATION AND PREPARATION FUND.—Sec25 tion 136 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
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1 10157) shall not apply to consolidation and preparation 

2 facilities authorized under this Act. 

3 SEC. 314. NUCLEAR MEDICINE. For fiscal year 2007, 

4 the Secretary shall use funding provided by section 1001(e) 

5 of title X of the Energy Policy Act of 2005, to support nu6 clear medicine research within the Office of Science, Bio7 logical and Environmental Research program. 

8 TITLE IV 

9 INDEPENDENT AGENCIES 

10 APPALACHIAN REGIONAL COMMISSION

11 For expenses necessary to carry out the programs au12 thorized by the Appalachian Regional Development Act of 

13 1965, as amended, not withstanding 40 U.S.C. 14704, and, 

14 for necessary expenses for the Federal Co-Chairman and the 

15 alternate on the Appalachian Regional Commission, for 

16 payment of the Federal share of the administrative expenses 

17 of the Commission, including services as authorized by 5 

18 U.S.C. 3109, and hire of passenger motor vehicles, 

19 $65,472,000, to remain available until expended: Provided, 

20 That any congressionally directed spending shall be taken 

21 from within that State’s allocation in the fiscal year in 

22 which it is provided. 
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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, $22,260,000, 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, $50,000,000, to 

19 remain available until expended, nothwithstanding the lim20 itations contained in section 306(g) of the Denali Commis21 sion Act of 1998. 

22 NUCLEAR REGULATORY COMMISSION

23 SALARIES AND EXPENSES

24 For necessary expenses of the Commission in carrying 

25 out the purposes of the Energy Reorganization Act of 1974, 
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1 as amended, and the Atomic Energy Act of 1954, as amend2 ed, including official representation expenses not to exceed 

3 $19,000, $808,410,000, to remain available until expended: 

4 Provided, That of the amount appropriated herein, 

5 $40,981,840 shall be derived from the Nuclear Waste Fund: 

6 Provided further, That revenues from licensing fees, inspec7 tion services, and other services and collections estimated 

8 at $656,328,000 in fiscal year 2007 shall be retained and 

9 used for necessary salaries and expenses in this account, 

10 notwithstanding 31 U.S.C. 3302, and shall remain avail11 able until expended: Provided further, That the sum herein 

12 appropriated shall be reduced by the amount of revenues 

13 received during fiscal year 2007 so as to result in a final 

14 fiscal year 2007 appropriation estimated at not more than 

15 $152,082,000. 

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, $8,144,000, to remain available 

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

21 inspection services, and other services and collections esti22 mated at $7,330,000 in fiscal year 2007 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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1 year 2007 so as to result in a final fiscal year 2007 appro2 priation estimated at not more than $814,000. 

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, $3,670,000, to be derived from the Nuclear Waste 

8 Fund, and to remain available until expended. 

9 GENERAL PROVISIONS, INDEPENDENT AGENCIES

10 SEC. 401. Section 306(c)(1) of title III as contained 

11 in division C of the Omnibus Consolidated and Emergency 

12 Supplemental Appropriations Act of 1999 (Public Law 

13 105–277) is amended by inserting ‘‘and terminate’’ after 

14 ‘‘appoint’’. 

15 Sec. 402. Section 309(a) of title III as contained in 

16 division C of the Omnibus Consolidated and Emergency 

17 Supplemental Appropriations Act of 1999 (Public Law 

18 105–277) is amended by striking ‘‘2000, 2001, 2002, and 

19 2003’’ and inserting in lieu thereof: ‘‘2007, 2008, 2009, 

20 2010, and 2011.’’. 

21 TITLE V 

22 GENERAL PROVISIONS 

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

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

25 congressional action on any legislation or appropriation 
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1 matters pending before Congress, other than to commu2 nicate to Members of Congress as described in 18 U.S.C. 

3 1913. 

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

5 Act may be transferred to any department, agency, or in6 strumentality of the United States Government, except pur7 suant to a transfer made by, or transfer authority provided 

8 in this Act or any other appropriation Act. 

9 SEC. 503. Notwithstanding part 750 of title 23, Code 

10 of Federal Regulations (or a successor regulation), if per11 mitted by State law, a legal nonconforming sign constructed 

12 in a commercial or industrial area on or after October 22, 

13 1965, that is or has been damaged or destroyed as a result 

14 of a natural disaster (as defined in 42 U.S.C. 6195A) that 

15 occurs after August 1, 2004, may be repaired, replaced or 

16 reconstructed at the same location to its original height and 

17 size using like materials. The provisions of this section shall 

18 not preempt State or local law or ordinance. The Secretary 

19 shall not reduce or withhold Federal-aid highway funds ap20 portioned to a State that complies with these provisions and 

21 shall report to the Congress within 36 months with respect 

22 to the impact of these provisions on the public interest. 

23 SEC. 504. The fiscal year 2008 budget justifications 

24 are due to the appropriate Senate Appropriations sub25 committees no later than the day the President’s fiscal year 
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1 2008 budget is released: Provided, That the amount appro2 priated for salaries and expenses for the Office of Manage3 ment and Budget shall be reduced by $100,000 per day for 

4 each day after the required date that the budget justifica5 tions have not been submitted to the Senate. 

6 SEC. 505. No funds provided in this Act may be used 

7 to undertake any engineering evaluations or other studies 

8 of the potential for multi-purpose storage facilities down9 stream of the confluence of the North and Middle Forks of 

10 the American River, unless and until the Bureau of Rec11 lamation completes its special report to update the analysis 

12 of the costs and associated benefits of the Auburn-Folsom 

13 South Unit of the Central Valley Project, and includes in 

14 its cost-benefit analysis an assessment of the following: 

15 (1) an updated evaluation of seismic hazard 

16 issues, prepared in consultation with the United 

17 States Geological Survey, including both the seis18 micity of the region and the level of enhanced seismic 

19 risk associated with creating a reservoir containing 

20 fluctuating water levels; 

21 (2) an estimate of the cost-per-acre-foot of new 

22 water supply provided by the project, and a compari23 son to other potential sources of new supply; and 

24 (3) an estimate of the project’s additional flood 

25 control benefits and the cost of those benefits. 
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1 This Act may be cited as the ‘‘Energy and Water Ap2 propriations Act, 2007’’. 

Amend the title so as to read: ‘‘An Act making appropriations for energy and water for the fiscal year ending September 30, 2007, and for other purposes.’’. 

Calendar No. 504 

109TH CONGRESS 

2D SESSION H.R. 5427 

[Report No. 109–274] 

AN ACT 

Making appropriations for energy and water devel2007, and for other purposes. opment for the fiscal year ending September 30, 

MAY 25, 2006 

Received; read twice and referred to the Committee on 

J

Appropriations 

UNE 29, 2006 

Reported with an amendment and an amendment to the 

title