109TH CONGRESS 

2D SESSION H. R. 5427

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,
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1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

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

4 water development and for other purposes, namely: 

5 TITLE I 

6 CORPS OF ENGINEERS—CIVIL 

7 DEPARTMENT OF THE ARMY 

8 CORPS OF ENGINEERS—CIVIL

9 The following appropriations shall be expended under 

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

13 and harbors, flood control, shore protection and storm 

14 damage reduction, aquatic ecosystem restoration, and re15 lated purposes. 

16 INVESTIGATIONS

17 For expenses necessary for the collection and study 

18 of basic information pertaining to river and harbor, flood 

19 control, shore protection and storm damage reduction, 

20 aquatic ecosystem restoration, and related projects, re21 study of authorized projects, miscellaneous investigations, 

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

23 and plans and specifications of projects prior to construc24 tion, $128,000,000, to remain available until expended: 

25 Provided, That, except as provided in section 101 of this 
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1 Act, the amounts made available under this paragraph 

2 shall be expended in accordance with the terms and condi3 tions specified in the report accompanying this Act. 

4 CONSTRUCTION

5 (INCLUDING RESCISSION)

6 For expenses necessary for the construction of river 

7 and harbor, flood control, shore protection and storm 

8 damage reduction, aquatic ecosystem restoration, and re9 lated projects authorized by law; for conducting detailed 

10 studies, and plans and specifications, of such projects (in11 cluding those involving participation by States, local gov12 ernments, or private groups) authorized or made eligible 

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

14 and specifications, shall not constitute a commitment of 

15 the Government to construction); $1,947,171,000, to re16 main available until expended; of which such sums as are 

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

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

19 of the costs of construction and rehabilitation of inland 

20 waterways projects; and of which $8,000,000 shall be ex21 clusively for projects and activities authorized under sec22 tion 107 of the River and Harbor Act of 1960; and of 

23 which $2,000,000 shall be exclusively for projects and ac24 tivities authorized under section 103 of the River and Har25 bor Act of 1962; and of which $29,933,000 shall be exclu-
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1 sively available for projects and activities authorized under 

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

3 which $15,000,000 shall be exclusively for projects and ac4 tivities authorized under section 14 of the Flood Control 

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

6 for projects and activities authorized under section 1135 

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

8 which $25,000,000 shall be exclusively for projects and ac9 tivities authorized under section 206 of the Water Re10 sources Development Act of 1996; and of which 

11 $2,500,000 shall be for projects and activities authorized 

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

13 and of which $5,000,000 shall be for projects and activi14 ties authorized under section 204 of the Water Resources 

15 Act of 1992: Provided, That $35,000,000 shall be avail16 able for projects and activities authorized under 16 U.S.C. 

17 410r–8: Provided further, That, of the funds provided 

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

19 109–103, $56,046,000 is rescinded, to be derived from the 

20 unobligated balances of the amounts made available for 

21 the following projects in Louisiana: Grand Isle and Vicin22 ity, Lake Pontchartrain and Vicinity, Larose to Golden 

23 Meadow, New Orleans to Venice, Southeast Louisiana, 

24 and West Bank and Vicinity: Provided further, That, ex25 cept as provided in section 101 of this Act, the amounts 
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1 made available under this paragraph shall be expended in 

2 accordance with the terms and conditions specified in the 

3 report accompanying this Act. 

4 MISSISSIPPI RIVER AND TRIBUTARIES

5 For expenses necessary for the program for the Mis6 sissippi River alluvial valley below Cape Girardeau, Mis7 souri, as authorized by law, $290,607,000, to remain 

8 available until expended, of which such sums as are nec9 essary to cover the Federal share of operation and mainte10 nance costs for inland harbors shall be derived from the 

11 Harbor Maintenance Trust Fund: Provided, That, except 

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

13 available under this paragraph shall be expended in ac14 cordance with the terms and conditions specified in the 

15 report accompanying this Act. 

16 OPERATION AND MAINTENANCE

17 For expenses necessary for the operation, mainte18 nance, and care of existing river and harbor, flood and 

19 storm damage reduction, aquatic ecosystem restoration, 

20 and related projects authorized by law, including the con21 struction of facilities, projects, or features (including is22 lands and wetlands) to use materials dredged during Fed23 eral navigation maintenance activities; the mitigation of 

24 impacts on shorelines resulting from Federal navigation 

25 operation and maintenance activities; the benefit of feder-
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1 ally listed species to address the effects of any civil works 

2 project under the jurisdiction of the Corps on any such 

3 species on project land within the watershed or operational 

4 reach of the project; providing security for infrastructure 

5 owned and operated by, or on behalf of, the Corps, includ6 ing administrative buildings and facilities, and labora7 tories; the maintenance of harbor channels provided by a 

8 State, municipality, or other public agency that serve es9 sential navigation needs of general commerce, where au10 thorized by law; and surveys and charting of northern and 

11 northwestern lakes and connecting waters, clearing and 

12 straightening channels, and removal of obstructions to 

13 navigation, $2,195,471,000, to remain available until ex14 pended, of which $45,078,000 shall be for projects and 

15 activities in Region 1 New England; of which 

16 $143,250,000 shall be for projects and activities in Region 

17 2 Mid Atlantic; of which $297,043,000 shall be for 

18 projects and activities in Region 3 South Atlantic Gulf; 

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

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

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

22 $21,301,000 shall be for projects and activities in Region 

23 6 Tennessee; of which $233,803,000 shall be for projects 

24 and activities in Region 7 Upper Mississippi; of which 

25 $147,021,000 shall be for projects and activities in Region 
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1 8 Lower Mississippi; of which $2,999,000 shall be for 

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

3 which $151,180,000 shall be for projects and activities in 

4 Region 10 Missouri; of which $178,084,000 shall be for 

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

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

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

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

9 which $722,000 shall be for projects and activities in Re10 gion 14 Upper Colorado; of which $3,327,000 shall be for 

11 projects and activities in Region 15 Lower Colorado; of 

12 which $761,000 shall be for projects and activities in Re13 gion 16 Great Basin; of which $242,593,000 shall be for 

14 projects and activities in Region 17 Pacific Northwest; of 

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

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

17 projects and activities in Region 19 Alaska; of which 

18 $1,995,000 shall be for projects and activities in Region 

19 20 Hawaii; of which $4,000,000 shall be for projects and 

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

21 are necessary to cover the Federal share of eligible oper22 ations and maintenance shall be derived from the Harbor 

23 Maintenance Trust Fund of which such sums as become 

24 available from the special account for the Corps estab25 lished by the Land and Water Conservation Act of 1965, 
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1 as amended (16 U.S.C. 460l–6a(i)), shall be used for re2 source protection, research, interpretation, and mainte3 nance activities related to resource protection in areas op4 erated by the Corps at which outdoor recreation is avail5 able; and of which such sums as become available under 

6 section 217 of the Water Resources Development Act of 

7 1996, Public Law 104–303, shall be used to cover the cost 

8 of operation and maintenance of the dredged material dis9 posal facilities for which fees have been collected: Pro10 vided, That, except as provided in section 101 of this Act, 

11 the amounts made available under this paragraph shall be 

12 expended in accordance with the terms and conditions 

13 specified in the report accompanying this Act. 

14 REGULATORY PROGRAM

15 For expenses necessary for administration of laws 

16 pertaining to regulation of navigable waters and wetlands, 

17 $173,000,000, to remain available until expended.

18 FORMERLY UTILIZED SITES REMEDIAL ACTION

19 PROGRAM

20 For expenses necessary to clean up contamination 

21 from sites in the United States resulting from work per22 formed as part of the Nation’s early atomic energy pro23 gram, $130,000,000, to remain available until expended. 
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1 FLOOD CONTROL AND COASTAL EMERGENCIES

2 For expenses necessary to prepare for flood, hurri3 cane, and other natural disasters and support emergency 

4 operations, repairs, and other activities in response to 

5 flood and hurricane emergencies, as authorized by law, 

6 $32,000,000, to remain available until expended. 

7 GENERAL EXPENSES

8 For expenses necessary for general administration 

9 and related civil works functions in the headquarters of 

10 the United States Army Corps of Engineers, the offices 

11 of the Division Engineers, the Humphreys Engineer Cen12 ter Support Activity, the Institute for Water Resources, 

13 the United States Army Engineer Research and Develop14 ment Center, and the United States Army Corps of Engi15 neers Finance Center, $142,100,000, to remain available 

16 until expended: Provided, That no part of any other appro17 priation provided in title I of this Act shall be available 

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

19 of Engineers or the civil works executive direction and 

20 management activities of the offices of the Division Engi21 neers: Provided further, That, of the funds provided under 

22 this heading, $10,000,000 shall be transferred to ‘‘Oper23 ation and Maintenance’’ upon the expiration of the 30-

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

25 during such period, the Secretary of the Army has not 
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1 submitted to the Committees on Appropriations of the 

2 House of Representatives and the Senate a report summa3 rizing outstanding reprogramming commitments of the 

4 Corps of Engineers for fiscal years 2000 through 2006 

5 on a project by project basis. 

6 OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL

7 WORKS) 

8 For expenses necessary for the Office of Assistant 

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

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

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

12 transferred to ‘‘Operation and Maintenance’’ upon the ex13 piration of the 30-day period following the date of enact14 ment of this Act if, during such period, the Secretary of 

15 the Army has not submitted to the Committees on Appro16 priations of the House of Representatives and the Senate 

17 a report summarizing outstanding reprogramming com18 mitments of the Corps of Engineers for fiscal years 2000 

19 through 2006 on a project by project basis. 

20 ADMINISTRATIVE PROVISION

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

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

24 Fund, Corps of Engineers, shall be available for purchase 
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1 not to exceed 100 for replacement only and hire of pas2 senger motor vehicles. 

3 GENERAL PROVISIONS 

4 CORPS OF ENGINEERS—CIVIL

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

6 of this Act shall be available for obligation or expenditure 

7 through a reprogramming of funds that—

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

9 or activity; 

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

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

12 activity for which funds have been denied or re13 stricted by this Act; 

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

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

16 Act; 

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

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

19 whichever is less; or 

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

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

22 whichever is less. 

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

24 or activity authorized under section 205 of the Flood Con25 trol Act of 1948; section 14 of the Flood Control Act of 
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1 1946; section 208 of the Flood Control Act of 1954; sec2 tion 107 of the River and Harbor Act of 1960; section 

3 103 of the River and Harbor Act of 1962; section 111 

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

5 Water Resources Development Act of 1986; section 206 

6 of the Water Resources Development Act of 1996; sections 

7 204 and 207 of the Water Resources Development Act of 

8 1992 or section 933 of the Water Resources Development 

9 Act of 1986. 

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

11 I of this Act may be used to award any continuing con12 tract or to make modifications to any existing continuing 

13 contract that commits an amount for a project in excess 

14 of the amount appropriated for such project pursuant to 

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

16 Act may be modified pursuant to the authorities provided 

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

18 unobligated balances for such project. 

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

20 be expended by the Secretary of the Army to construct 

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

22 Harbor or to reimburse the local sponsor for the construc23 tion of the Port Jersey element until commitments for 

24 construction of container handling facilities are obtained 
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1 from the non-Federal sponsor for a second user along the 

2 Port Jersey element. 

3 SEC. 104. (a) None of the funds provided in this Act 

4 shall be available for operation and maritime maintenance 

5 of the hopper dredge McFarland. 

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

7 for the decommissioning of the vessel. 

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

9 be expended to prevent or limit any reprogramming of 

10 funds for a project to be carried out by the Corps of Engi11 neers, based on whether the project was included by the 

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

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

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

15 Office of Management and Budget. 

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

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

18 Fund for past judgments against the United States on 

19 Civil Works contracts and real estate acquisitions that 

20 have been financed by the Judgment Fund. 

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

22 be used to implement an A–76 study or similar privatiza23 tion process for Corps personnel employed to operate or 

24 maintain locks and dams. 
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1 SEC. 108. None of the funds in this Act may be used 

2 to further work on the Corps of Engineers proposal to re3 move a section of the dam for fish passage or to study 

4 other alternatives to the trap and haul facility at Elk 

5 Creek Dam, Oregon. 

6 TITLE II 

7 DEPARTMENT OF THE INTERIOR 

8 CENTRAL UTAH PROJECT 

9 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

10 For carrying out activities authorized by the Central 

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

12 available until expended, of which $965,000 shall be de13 posited into the Utah Reclamation Mitigation and Con14 servation Account for use by the Utah Reclamation Miti15 gation and Conservation Commission. 

16 In addition, for necessary expenses incurred in car17 rying out related responsibilities of the Secretary of the 

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

19 BUREAU OF RECLAMATION

20 The following appropriations shall be expended to 

21 execute authorized functions of the Bureau of Reclama22 tion: 
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1 WATER AND RELATED RESOURCES

2 (INCLUDING TRANSFER OF FUNDS AND RESCISSION)

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, $849,122,000, to remain available until 

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

12 transfer to the Upper Colorado River Basin Fund and 

13 $26,952,000 shall be available for transfer to the Lower 

14 Colorado River Basin Development Fund; of which such 

15 amounts as may be necessary may be advanced to the Col16 orado 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 

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

22 the amount for program activities that can be financed 

23 by the Reclamation Fund or the Bureau of Reclamation 

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

25 shall be derived from that Fund or account: Provided fur-
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1 ther, That funds contributed under 43 U.S.C. 395 are 

2 available until expended for the purposes for which con3 tributed: Provided further, That funds advanced under 43 

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

5 available until expended for the same purposes as the 

6 sums appropriated under this heading: Provided further, 

7 That funds available for expenditure for the Departmental 

8 Irrigation Drainage Program may be expended by the Bu9 reau of Reclamation for site remediation on a non-reim10 bursable basis: Provided further, That from unobligated 

11 balances made available under section 2507 of the Farm 

12 Security and Rural Investment Act of 2002 for the Bu13 reau of Reclamation’s At Risk Terminal Lakes Program, 

14 $88,000,000 are rescinded: Provided further, That 

15 $10,000,000 of the funds provided herein shall be depos16 ited in the San Gabriel Restoration Fund established by 

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

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

19 herein, $1,000,000 shall be used for assessing the feasi20 bility of relocating the Highway 49 bridge, Auburn-Folsom 

21 South Unit of the Central Valley Project. 

22 CENTRAL VALLEY PROJECT RESTORATION FUND

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

24 habitat restoration, improvement, and acquisition provi25 sions of the Central Valley Project Improvement Act, 
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1 $41,478,000, to be derived from such sums as may be col2 lected in the Central Valley Project Restoration Fund pur3 suant to sections 3407(d), 3404(c)(3), 3405(f), and 

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

5 until expended: Provided, That the Bureau of Reclamation 

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

7 additional mitigation and restoration payments authorized 

8 by section 3407(d) of Public Law 102–575: Provided fur9 ther, That none of the funds made available under this 

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

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

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

13 CALIFORNIA BAY-DELTA RESTORATION

14 (INCLUDING TRANSFER OF FUNDS)

15 For carrying out activities authorized by the Water 

16 Supply, Reliability, and Environmental Improvement Act, 

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

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

19 available until expended, of which such amounts as may 

20 be necessary to carry out such activities may be trans21 ferred to appropriate accounts of other participating Fed22 eral agencies to carry out authorized purposes: Provided, 

23 That funds appropriated herein may be used for the Fed24 eral share of the costs of CALFED Program management: 

25 Provided further, That the use of any funds provided to 
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1 the California Bay-Delta Authority for program-wide 

2 management and oversight activities shall be subject to 

3 the approval of the Secretary of the Interior: Provided fur4 ther, That CALFED implementation shall be carried out 

5 in a balanced manner with clear performance measures 

6 demonstrating concurrent progress in achieving the goals 

7 and objectives of the Program: Provided further, That 

8 $6,000,000 shall be transferred to the Army Corps of En9 gineers to carry out further study and analysis of the sta10 bility of the levee projects authorized under section 

11 103(f)(3) of Public Law 108–361. 

12 POLICY AND ADMINISTRATION

13 For necessary expenses of policy, administration, and 

14 related functions in the office of the Commissioner, the 

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

16 of Reclamation, to remain available until expended, 

17 $58,069,000, to be derived from the Reclamation Fund 

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

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

20 Act shall be available for activities or functions budgeted 

21 as policy and administration expenses. 

22 ADMINISTRATIVE PROVISION 

23 Appropriations for the Bureau of Reclamation shall 

24 be available for purchase of not to exceed 14 passenger 

25 motor vehicles, of which 11 are for replacement only. 
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1 GENERAL PROVISIONS, DEPARTMENT OF THE 

2 INTERIOR 

3 SEC. 201. (a) None of the funds appropriated or oth4 erwise made available by this Act may be used to deter5 mine the final point of discharge for the interceptor drain 

6 for the San Luis Unit until development by the Secretary 

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

8 shall conform to the water quality standards of the State 

9 of California as approved by the Administrator of the En10 vironmental Protection Agency, to minimize any detri11 mental effect of the San Luis drainage waters. 

12 (b) The costs of the Kesterson Reservoir Cleanup 

13 Program and the costs of the San Joaquin Valley Drain14 age Program shall be classified by the Secretary of the 

15 Interior as reimbursable or nonreimbursable and collected 

16 until fully repaid pursuant to the ‘‘Cleanup Program-Al17 ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 

18 Repayment Plan’’ described in the report entitled ‘‘Repay19 ment Report, Kesterson Reservoir Cleanup Program and 

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

21 prepared by the Department of the Interior, Bureau of 

22 Reclamation. Any future obligations of funds by the 

23 United States relating to, or providing for, drainage serv24 ice or drainage studies for the San Luis Unit shall be fully 
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1 reimbursable by San Luis Unit beneficiaries of such serv2 ice or studies pursuant to Federal reclamation law. 

3 SEC. 202. None of the funds appropriated or other4 wise made available by this Act may be used to pay the 

5 salaries and expenses of personnel to purchase or lease 

6 water in the Middle Rio Grande or the Carlsbad Projects 

7 in New Mexico unless said purchase or lease is in compli8 ance with the purchase requirements of section 202 of 

9 Public Law 106–60. 

10 TITLE III 

11 DEPARTMENT OF ENERGY 

12 ENERGY PROGRAMS 

13 ENERGY SUPPLY AND CONSERVATION

14 For Department of Energy expenses including the 

15 purchase, construction, and acquisition of plant and cap16 ital equipment, and other expenses necessary for energy 

17 supply and energy conservation activities in carrying out 

18 the purposes of the Department of Energy Organization 

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

20 condemnation of any real property or any facility or for 

21 plant or facility acquisition, construction, or expansion, 

22 $2,025,527,000 (increased by $5,000,000) (reduced by 

23 $5,000,000) (increased by $25,000,000), to remain avail24 able until September 30, 2009. 
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1 CLEAN COAL TECHNOLOGY

2 (RESCISSION)

3 Of the funds made available under this heading for 

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

5 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

6 For necessary expenses in carrying out fossil energy 

7 research and development activities, under the authority 

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

9 7101 et seq.), including the acquisition of interest, includ10 ing defeasible and equitable interests in any real property 

11 or any facility or for plant or facility acquisition or expan12 sion, the hire of passenger motor vehicles, the hire, main13 tenance, and operation of aircraft, the purchase, repair, 

14 and cleaning of uniforms, the reimbursement to the Gen15 eral Services Administration for security guard services, 

16 and for conducting inquiries, technological investigations 

17 and research concerning the extraction, processing, use, 

18 and disposal of mineral substances without objectionable 

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

20 1603), $558,204,000, to remain available until expended, 

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

22 project coordinated with the private sector for FutureGen, 

23 without regard to the terms and conditions applicable to 

24 clean coal technology projects: Provided, That the initial 

25 planning and research stages of the FutureGen project 
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1 shall include a matching requirement from non-Federal 

2 sources of at least 20 percent of the costs: Provided fur3 ther, That any demonstration component of such project 

4 shall require a matching requirement from non-Federal 

5 sources of at least 50 percent of the costs of the compo6 nent: Provided further, That of the amounts provided, 

7 $36,400,000 is available, after coordination with the pri8 vate sector, for a request for proposals for the Clean Coal 

9 Power Initiative providing for competitively-awarded re10 search, development, and demonstration projects to reduce 

11 the barriers to continued and expanded coal use: Provided 

12 further, That no project may be selected for which suffi13 cient funding is not available to provide for the total 

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

15 accordance with the provisions governing the use of funds 

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

17 42 U.S.C. 5903d as well as those contained under the 

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

19 Provided further, That the Department may include provi20 sions for repayment of Government contributions to indi21 vidual projects in an amount up to the Government con22 tribution to the project on terms and conditions that are 

23 acceptable to the Department including repayments from 

24 sale and licensing of technologies from both domestic and 

25 foreign transactions: Provided further, That such repay-
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1 ments shall be retained by the Department for future coal2 related research, development and demonstration projects: 

3 Provided further, That any technology selected under this 

4 program shall be considered a Clean Coal Technology, and 

5 any project selected under this program shall be consid6 ered a Clean Coal Technology Project, for the purposes 

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

8 40 of the Code of Federal Regulations: Provided further, 

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

10 used for the field testing of nuclear explosives in the recov11 ery of oil and gas: Provided further, That the Secretary 

12 of Energy is authorized to accept fees and contributions 

13 from public and private sources, to be deposited in a con14 tributed funds account, and prosecute projects using such 

15 fees and contributions in cooperation with other Federal, 

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

17 That revenues and other moneys received by or for the 

18 account of the Department of Energy or otherwise gen19 erated by sale of products in connection with projects of 

20 the Department appropriated under the Fossil Energy Re21 search and Development account may be retained by the 

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

23 used only for plant construction, operation, costs, and pay24 ments to cost-sharing entities as provided in appropriate 

25 cost-sharing contracts or agreements. 
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1 NAVAL PETROLEUM AND OIL SHALE RESERVES

2 For expenses necessary to carry out naval petroleum 

3 and oil shale reserve activities, including the hire of pas4 senger motor vehicles, $18,810,000, to remain available 

5 until expended: Provided, That, notwithstanding any other 

6 provision of law, unobligated funds remaining from prior 

7 years shall be available for all naval petroleum and oil 

8 shale reserve activities. 

9 STRATEGIC PETROLEUM RESERVE

10 For necessary expenses for Strategic Petroleum Re11 serve facility development and operations and program 

12 management activities pursuant to the Energy Policy and 

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

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

15 the hire, maintenance, and operation of aircraft, the pur16 chase, repair, and cleaning of uniforms, the reimburse17 ment to the General Services Administration for security 

18 guard services, $155,430,000, to remain available until ex19 pended. 

20 NORTHEAST HOME HEATING OIL RESERVE

21 For necessary expenses for Northeast Home Heating 

22 Oil Reserve storage, operation, and management activities 

23 pursuant to the Energy Policy and Conservation Act, 

24 $4,950,000, to remain available until expended. 
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1 ENERGY INFORMATION ADMINISTRATION

2 For necessary expenses in carrying out the activities 

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

4 to remain available until expended. 

5 NON-DEFENSE ENVIRONMENTAL CLEANUP

6 For Department of Energy expenses, including the 

7 purchase, construction, and acquisition of plant and cap8 ital equipment and other expenses necessary for non-de9 fense environmental cleanup activities in carrying out the 

10 purposes of the Department of Energy Organization Act 

11 (42 U.S.C. 7101 et seq.), including the acquisition or con12 demnation of any real property or any facility or for plant 

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

14 purchase of not to exceed six passenger motor vehicles, 

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

16 to remain available until expended. 

17 URANIUM ENRICHMENT DECONTAMINATION AND

18 DECOMMISSIONING FUND

19 For necessary expenses in carrying out uranium en20 richment facility decontamination and decommissioning, 

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

22 Atomic Energy Act of 1954, as amended, and title X, sub23 title A, of the Energy Policy Act of 1992, $579,368,000, 

24 to be derived from the Fund, to remain available until ex25 pended, of which $20,000,000 shall be available in accord-
26

•HR 5427 EH 

1 ance with title X, subtitle A, of the Energy Policy Act 

2 of 1992. 

3 SCIENCE

4 For Department of Energy expenses including the 

5 purchase, construction, and acquisition of plant and cap6 ital equipment, and other expenses necessary for science 

7 activities in carrying out the purposes of the Department 

8 of Energy Organization Act (42 U.S.C. 7101 et seq.), in9 cluding the acquisition or condemnation of any real prop10 erty or facility or for plant or facility acquisition, construc11 tion, or expansion, and purchase of not to exceed twenty12 five passenger motor vehicles for replacement only, 

13 $4,131,710,000, to remain available until expended. 

14 NUCLEAR WASTE DISPOSAL

15 For nuclear waste disposal activities to carry out the 

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

17 Law 97–425, as amended (the ‘‘Act’’), including the ac18 quisition of real property or facility construction or expan19 sion, $186,420,000, to remain available until expended, of 

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

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

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

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

24 other than salaries and expenses of State employees, to 

25 conduct scientific oversight responsibilities and participate 
27

•HR 5427 EH 

1 in licensing activities pursuant to the Act: Provided fur2 ther, That $4,000,000 shall be provided to affected units 

3 of local government, as defined in the Act, to conduct ap4 propriate activities and participate in licensing activities: 

5 Provided further, That 7.5 percent of the funds provided 

6 shall be made available to affected units of local govern7 ment in California with the balance made available to af8 fected units of local government in Nevada for distribution 

9 as determined by the Nevada units of local government: 

10 Provided further, That notwithstanding the provisions of 

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

12 Department shall have no monitoring, auditing or other 

13 oversight rights or responsibilities over amounts provided 

14 to affected units of local government under this heading: 

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

16 shall be made available solely to the Nevada Division of 

17 Emergency Management by direct payment and units of 

18 local government by direct payment: Provided further,

19 That within 90 days of the completion of each Federal 

20 fiscal year, the Nevada Division of Emergency Manage21 ment and the Governor of the State of Nevada shall pro22 vide certification to the Department of Energy that all 

23 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 
28

•HR 5427 EH 

1 cause such entity to be prohibited from any further fund2 ing provided for similar activities: Provided further, That 

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

4 directly or indirectly to influence legislative action, except 

5 for normal and recognized executive-legislative commu6 nications, on any matter pending before Congress or a 

7 State legislature or for lobbying activity as provided in 18 

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

9 to support multi-State efforts or other coalition building 

10 activities inconsistent with the restrictions contained in 

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

12 realized by the Secretary in carrying out activities author13 ized by the Act, including but not limited to, any proceeds 

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

15 appropriation and shall remain available until expended: 

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

17 be used to pursue repayment or collection of funds pro18 vided 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 En25 ergy necessary for departmental administration in car-
29

•HR 5427 EH 

1 rying out the purposes of the Department of Energy Orga2 nization Act (42 U.S.C. 7101 et seq.), including the hire 

3 of passenger motor vehicles and official reception and rep4 resentation expenses not to exceed $35,000, $278,382,000 

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

6 remain available until expended, plus such additional 

7 amounts as necessary to cover increases in the estimated 

8 amount of cost of work for others notwithstanding the pro9 visions of the Anti-Deficiency Act (31 U.S.C. 1511 et 

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

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

12 to remain available until expended: Provided further, That 

13 moneys received by the Department for miscellaneous rev14 enues estimated to total $123,000,000 in fiscal year 2007 

15 may be retained and used for operating expenses within 

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

17 authorized by section 201 of Public Law 95–238, notwith18 standing the provisions of 31 U.S.C. 3302: Provided fur19 ther, That the sum herein appropriated shall be reduced 

20 by the amount of miscellaneous revenues received during 

21 2007, and any related appropriated receipt account bal22 ances remaining from prior years’ miscellaneous revenues, 

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

24 from the general fund estimated at not more than 

25 $155,382,000. 
30

•HR 5427 EH 

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 

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

5 available until expended. 

6 ATOMIC ENERGY DEFENSE ACTIVITIES 

7 NATIONAL NUCLEAR SECURITY 

8 ADMINISTRATION 

9 WEAPONS ACTIVITIES

10 (INCLUDING TRANSFER OF FUNDS)

11 For Department of Energy expenses, including the 

12 purchase, construction, and acquisition of plant and cap13 ital equipment and other incidental expenses necessary for 

14 atomic energy defense weapons activities in carrying out 

15 the purposes of the Department of Energy Organization 

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

17 condemnation of any real property or any facility or for 

18 plant or facility acquisition, construction, or expansion; 

19 and the purchase of not to exceed 14 passenger motor ve20 hicles, for replacement only, including not to exceed two 

21 buses; $6,412,001,000, to remain available until ex22 pended: Provided, That $40,000,000 of that amount is for 

23 the Material Consolidation and Upgrade Construction 

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

25 Laboratory. 
31

•HR 5427 EH 

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 

6 activities, in carrying out the purposes of the Department 

7 of Energy Organization Act (42 U.S.C. 7101 et seq.), in8 cluding the acquisition or condemnation of any real prop9 erty or any facility or for plant or facility acquisition, con10 struction, or expansion, $1,593,101,000 (increased by 

11 $27,800,000), to remain available until expended. 

12 NAVAL REACTORS

13 For Department of Energy expenses necessary for 

14 naval reactors activities to carry out the Department of 

15 Energy Organization Act (42 U.S.C. 7101 et seq.), includ16 ing the acquisition (by purchase, condemnation, construc17 tion, or otherwise) of real property, plant, and capital 

18 equipment, facilities, and facility expansion, 

19 $795,133,000, to remain 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, 

23 including official reception and representation expenses 

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

25 until expended. 
32

•HR 5427 EH 

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 

7 energy defense environmental cleanup activities in car8 rying out the purposes of the Department of Energy Orga9 nization Act (42 U.S.C. 7101 et seq.), including the acqui10 sition or condemnation of any real property or any facility 

11 or for plant or facility acquisition, construction, or expan12 sion, $4,951,812,000, to remain available until expended, 

13 and $600,000,000 for the Waste Treatment and Immo14 bilization Plant at Hanford, Washington, to remain avail15 able until September 30, 2007. 

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 

20 energy defense, other defense activities, and classified ac21 tivities, in carrying out the purposes of the Department 

22 of Energy Organization Act (42 U.S.C. 7101 et seq.), in23 cluding the acquisition or condemnation of any real prop24 erty or any facility or for plant or facility acquisition, con25 struction, or expansion, and the purchase of not to exceed 
33

•HR 5427 EH 

1 ten passenger motor vehicles for replacement only, 

2 $720,788,000, 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 

6 the acquisition of real property or facility construction or 

7 expansion, $388,080,000, to remain available until ex8 pended. 

9 POWER MARKETING ADMINISTRATIONS 

10 BONNEVILLE POWER ADMINISTRATION FUND

11 Expenditures from the Bonneville Power Administra12 tion Fund, established pursuant to Public Law 93–454, 

13 are approved for official reception and representation ex14 penses in an amount not to exceed $1,500. During fiscal 

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

16 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

17 ADMINISTRATION

18 For necessary expenses of operation and maintenance 

19 of power transmission facilities and of electric power and 

20 energy, including transmission wheeling and ancillary 

21 services pursuant to section 5 of the Flood Control Act 

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

23 power area, $5,723,000, to remain available until ex24 pended: Provided, That, notwithstanding 31 U.S.C. 3302, 

25 up to $48,003,000 collected by the Southeastern Power 
34

•HR 5427 EH 

1 Administration pursuant to the Flood Control Act of 1944 

2 to recover purchase power and wheeling expenses shall be 

3 credited to this account as offsetting collections, to remain 

4 available until expended for the sole purpose of making 

5 purchase power and wheeling expenditures. 

6 OPERATION AND MAINTENANCE, SOUTHWESTERN

7 POWER ADMINISTRATION

8 For necessary expenses of operation and maintenance 

9 of power transmission facilities and of marketing electric 

10 power and energy, for construction and acquisition of 

11 transmission lines, substations and appurtenant facilities, 

12 and for administrative expenses, including official recep13 tion and representation expenses in an amount not to ex14 ceed $1,500 in carrying out section 5 of the Flood Control 

15 Act of 1944 (16 U.S.C. 825s), as applied to the south16 western power administration, $31,539,000, to remain 

17 available until expended: Provided, That, notwithstanding 

18 31 U.S.C. 3302, up to $13,600,000 collected by the 

19 Southwestern Power Administration pursuant to the 

20 Flood Control Act to recover purchase power and wheeling 

21 expenses shall be credited to this account as offsetting col22 lections, to remain available until expended for the sole 

23 purpose of making purchase power and wheeling expendi24 tures. 
35

•HR 5427 EH 

1 CONSTRUCTION, REHABILITATION, OPERATION AND

2 MAINTENANCE, WESTERN AREA POWER ADMINIS3 TRATION

4 For carrying out the functions authorized by title III, 

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

6 U.S.C. 7152), and other related activities including con7 servation and renewable resources programs as author8 ized, including official reception and representation ex9 penses in an amount not to exceed $1,500; $212,213,000, 

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

11 shall be derived from the Department of the Interior Rec12 lamation Fund: Provided, That of the amount herein ap13 propriated, $6,893,000 is for deposit into the Utah Rec14 lamation Mitigation and Conservation Account pursuant 

15 to title IV of the Reclamation Projects Authorization and 

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

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

18 until expended on a nonreimbursable basis to the Western 

19 Area Power Administration for Topock-Davis-Mead 

20 Transmission Line Upgrades: Provided further, That of 

21 the amount herein appropriated, $500,000 shall be avail22 able until expended on a nonreimbursable basis to the Dy23 namic Engineering Studies on the TOT–3 and Wyoming 

24 West Transmission projects: Provided further, That not25 withstanding the provision of 31 U.S.C. 3302, up to 
36

•HR 5427 EH 

1 $472,593,000 collected by the Western Area Power Ad2 ministration pursuant to the Flood Control Act of 1944 

3 and the Reclamation Project Act of 1939 to recover pur4 chase power and wheeling expenses shall be credited to 

5 this account as offsetting collections, to remain available 

6 until expended for the sole purpose of making purchase 

7 power and wheeling expenditures. 

8 FALCON AND AMISTAD OPERATING AND MAINTENANCE

9 FUND

10 For operation, maintenance, and emergency costs for 

11 the hydroelectric facilities at the Falcon and Amistad 

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

13 and to be derived from the Falcon and Amistad Operating 

14 and Maintenance Fund of the Western Area Power Ad15 ministration, as provided in section 423 of the Foreign 

16 Relations Authorization Act, Fiscal Years 1994 and 1995. 

17 FEDERAL ENERGY REGULATORY COMMISSION

18 SALARIES AND EXPENSES

19 For necessary expenses of the Federal Energy Regu20 latory Commission to carry out the provisions of the De21 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

23 the hire of passenger motor vehicles, and official reception 

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

25 $230,800,000, to remain available until expended: Pro-
37

•HR 5427 EH 

1 vided, That notwithstanding any other provision of law, 

2 not to exceed $230,800,000 of revenues from fees and an3 nual charges, and other services and collections in fiscal 

4 year 2007 shall be retained and used for necessary ex5 penses in this account, and shall remain available until 

6 expended: Provided further, That the sum herein appro7 priated from the general fund shall be reduced as revenues 

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

9 final fiscal year 2007 appropriation from the general fund 

10 estimated at not more than $0. 

11 GENERAL PROVISIONS 

12 DEPARTMENT OF ENERGY 

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

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

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

16 payments for a noncompetitive management and operating 

17 contract unless the Secretary of Energy has published in 

18 the Federal Register and submitted to the Committees on 

19 Appropriations of the House of Representatives and the 

20 Senate a written notification, with respect to each such 

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

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

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

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

25 up to 2 years of a noncompetitive management and oper-
38

•HR 5427 EH 

1 ating contract, if the extension is for purposes of allowing 

2 time to award competitively a new contract, to provide 

3 continuity of service between contracts, or to complete a 

4 contract that will not be renewed. 

5 (b) In this section: 

6 (1) The term ‘‘noncompetitive management and 

7 operating contract’’ means a contract that was 

8 awarded more than 50 years ago without competi9 tion for the management and operation of Ames 

10 Laboratory, Argonne National Laboratory, and Law11 rence Livermore National Laboratory. 

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

13 meaning provided in section 4 of the Office of Fed14 eral Procurement Policy Act (41 U.S.C. 403) and 

15 includes procedures described in section 303 of the 

16 Federal Property and Administrative Services Act of 

17 1949 (41 U.S.C. 253) other than a procedure that 

18 solicits a proposal from only one source. 

19 (c) For all management and operating contracts 

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

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

22 management and operating contract, or award a signifi23 cant extension or expansion to an existing management 

24 and operating contract, unless such contract is awarded 

25 using competitive procedures or the Secretary of Energy 
39

•HR 5427 EH 

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

2 a deviation. The Secretary may not delegate the authority 

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

4 award for which the Secretary intends to grant such a 

5 waiver, the Secretary shall submit to the Committees on 

6 Appropriations of the House of Representatives and the 

7 Senate a report notifying the Committees of the waiver 

8 and setting forth, in specificity, the substantive reasons 

9 why the Secretary believes the requirement for competition 

10 should be waived for this particular award. 

11 SEC. 302. WORKFORCE RESTRUCTURING.—None of 

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

13 (1) develop or implement a workforce restruc14 turing plan that covers employees of the Department 

15 of Energy; or 

16 (2) provide enhanced severance payments or 

17 other benefits for employees of the Department of 

18 Energy, under section 3161 of the National Defense 

19 Authorization Act for Fiscal Year 1993 (Public Law 

20 102–484; 42 U.S.C. 7274h). 

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

22 funds appropriated by this Act may be used to augment 

23 the funds made available for obligation by this Act for sev24 erance payments and other benefits and community assist25 ance grants under section 3161 of the National Defense 
40

•HR 5427 EH 

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

2 484; 42 U.S.C. 7274h) unless the Department of Energy 

3 submits a reprogramming request to the appropriate con4 gressional committees. 

5 SEC. 304. UNFUNDED REQUESTS FOR PRO6 POSALS.—None of the funds appropriated by this Act may 

7 be used to prepare or initiate Requests For Proposals 

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

9 has not been funded by Congress. 

10 SEC. 305. UNEXPENDED BALANCES.—The unex11 pended balances of prior appropriations provided for ac12 tivities in this Act may be available to the same appropria13 tion accounts for such activities established pursuant to 

14 this title. Available balances may be merged with funds 

15 in the applicable established accounts and thereafter may 

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

17 as originally enacted. 

18 SEC. 306. BONNEVILLE POWER ADMINISTRATION

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

20 other Act for the Administrator of the Bonneville Power 

21 Administration may be used to enter into any agreement 

22 to perform energy efficiency services outside the legally de23 fined Bonneville service territory, with the exception of 

24 services provided internationally, including services pro25 vided on a reimbursable basis, unless the Administrator 
41

•HR 5427 EH 

1 certifies in advance that such services are not available 

2 from private sector businesses. 

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

4 of Energy makes a user facility available to universities 

5 or other potential users, or seeks input from universities 

6 or other potential users regarding significant characteris7 tics or equipment in a user facility or a proposed user fa8 cility, the Department shall ensure broad public notice of 

9 such availability or such need for input to universities and 

10 other potential users. When the Department of Energy 

11 considers the participation of a university or other poten12 tial user as a formal partner in the establishment or oper13 ation of a user facility, the Department shall employ full 

14 and open competition in selecting such a partner. For pur15 poses of this section, the term ‘‘user facility’’ includes, but 

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

17 2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 

18 13503(a)(2)); (2) a National Nuclear Security Adminis19 tration Defense Programs Technology Deployment Cen20 ter/User Facility; and (3) any other Departmental facility 

21 designated by the Department as a user facility. 

22 SEC. 308. INTELLIGENCE ACTIVITIES.—Funds ap23 propriated by this or any other Act, or made available by 

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

25 are deemed to be specifically authorized by the Congress 
42

•HR 5427 EH 

1 for purposes of section 504 of the National Security Act 

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

3 enactment of the Intelligence Authorization Act for fiscal 

4 year 2007. 

5 SEC. 309. LABORATORY DIRECTED RESEARCH AND

6 DEVELOPMENT.—Of the funds made available by the De7 partment of Energy for activities at government-owned, 

8 contractor-operator operated laboratories funded in this 

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

10 to exceed 8 percent of such funds, to be used by such lab11 oratories for laboratory-directed research and develop12 ment: Provided, That the Secretary may also authorize a 

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

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

15 weapons production plant or the manager of the Nevada 

16 Site Office for plant or site-directed research and develop17 ment. 

18 SEC. 310. TECHNOLOGY COMMERCIALIZATION

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

20 be used for technology commercialization activities funded 

21 via a tax on applied energy research, development, dem22 onstration, and commercial application activities by the 

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

24 of title X of the Energy Policy Act of 2005. 
43

•HR 5427 EH 

1 SEC. 311. CONTRACTOR PENSION BENEFITS.—None 

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

3 be used for implementation of the Department of Energy 

4 Order N 351.1 modifying contractor employee pension and 

5 medical benefits policy. 

6 TITLE IV 

7 INDEPENDENT AGENCIES 

8 APPALACHIAN REGIONAL COMMISSION

9 For expenses necessary to carry out the programs au10 thorized by the Appalachian Regional Development Act of 

11 1965, as amended, not withstanding 40 U.S.C. 14704, 

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

13 and the alternate on the Appalachian Regional Commis14 sion, for payment of the Federal share of the administra15 tive expenses of the Commission, including services as au16 thorized by 5 U.S.C. 3109, and hire of passenger motor 

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

18 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

19 SALARIES AND EXPENSES

20 For necessary expenses of the Defense Nuclear Fa21 cilities Safety Board in carrying out activities authorized 

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

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

24 available until expended. 
44

•HR 5427 EH 

1 DELTA REGIONAL AUTHORITY

2 SALARIES AND EXPENSES

3 For necessary expenses of the Delta Regional Author4 ity and to carry out its activities, as authorized by the 

5 Delta Regional Authority Act of 2000, as amended, not6 withstanding sections 382C(b)(2), 382F(d), and 382M(b) 

7 of said Act, $5,940,000, to remain available until ex8 pended. 

9 DENALI COMMISSION

10 For expenses of the Denali Commission including the 

11 purchase, construction and acquisition of plant and capital 

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

13 to remain available until expended, notwithstanding the 

14 limitations contained in section 306(g) of the Denali Com15 mission Act of 1998. 

16 NUCLEAR REGULATORY COMMISSION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Commission in car19 rying out the purposes of the Energy Reorganization Act 

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

21 as amended, including official representation expenses not 

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

23 until expended: Provided, That of the amount appro24 priated herein, $40,981,840 shall be derived from the Nu25 clear Waste Fund: Provided further, That revenues from 
45

•HR 5427 EH 

1 licensing fees, inspection services, and other services and 

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

3 shall be retained and used for necessary salaries and ex4 penses in this account, notwithstanding 31 U.S.C. 3302, 

5 and shall remain available until expended: Provided fur6 ther, That the sum herein appropriated shall be reduced 

7 by the amount of revenues received during fiscal year 

8 2007 so as to result in a final fiscal year 2007 appropria9 tion estimated at not more than $152,082,000. 

10 OFFICE OF INSPECTOR GENERAL

11 For necessary expenses of the Office of Inspector 

12 General in carrying out the provisions of the Inspector 

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

14 available until expended: Provided, That revenues from li15 censing fees, inspection services, and other services and 

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

17 shall be retained and be available until expended, for nec18 essary salaries and expenses in this account, notwith19 standing 31 U.S.C. 3302: Provided further, That the sum 

20 herein appropriated shall be reduced by the amount of rev21 enues received during fiscal year 2007 so as to result in 

22 a final fiscal year 2007 appropriation estimated at not 

23 more than $814,000. 
46

•HR 5427 EH 

1 NUCLEAR WASTE TECHNICAL REVIEW BOARD

2 SALARIES AND EXPENSES

3 For necessary expenses of the Nuclear Waste Tech4 nical Review Board, as authorized by Public Law 100–

5 203, section 5051, $3,670,000, to be derived from the Nu6 clear Waste Fund, and to remain available until expended.

7 TITLE V 

8 GENERAL PROVISIONS 

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

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

11 congressional action on any legislation or appropriation 

12 matters pending before Congress, other than to commu13 nicate to Members of Congress as described in 18 U.S.C. 

14 1913. 

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

16 Act may be transferred to any department, agency, or in17 strumentality of the United States Government, except 

18 pursuant to a transfer made by, or transfer authority pro19 vided in this Act or any other appropriation Act. 

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

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

22 out the Global Nuclear Energy Partnership program.

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

24 Act shall be used in contravention of the Federal buildings 

25 performance and reporting requirements of Executive 
47

•HR 5427 EH 

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

2 Conservation Policy Act (42 U.S.C. 8251 et seq.), or sub3 title A of title I of the Energy Policy Act of 2005 (includ4 ing the amendments made thereby). 

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

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

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

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

9 Act shall be used by the Federal Energy Regulatory Com10 mission to enforce any claim for a termination payment 

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

12 regulated entity the Commission has found to have vio13 lated the terms of its market-based rate authority by en14 gaging in manipulation of market rules or exercise of mar15 ket power in the Western Interconnection during the pe16 riod January 1, 2000, to June 20, 2001. 

17 This Act may be cited as the ‘‘Energy and Water De18 velopment Appropriations Act, 2007’’.

Passed the House of Representatives May 24, 2006. 

Attest:

Clerk. 

109TH CONGRESS 

2D SESSION H. R. 5427

AN ACT

Making appropriations for energy and water devel2007, and for other purposes. opment for the fiscal year ending September 30,