IB 

Union Calendar No. 262 

109TH CONGRESS 

2D SESSION H. R. 5427 

[Report No. 109–474] 

Making appropriations for energy and water development for the fiscal year 

ending September 30, 2007, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2006 

Mr. HOBSON, from the Committee on Appropriations, reported the following 

bill; which was committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

A BILL 

Making appropriations for energy and water development 

for the fiscal year ending September 30, 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 acVerDate Aug 31 2005 21:23 May 19, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5427.RH H5427

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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. 

14 410–r–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 opVerDate Aug 31 2005 21:23 May 19, 2006 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5427.RH H5427

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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. Notwithstanding any other provision of 

9 law, the requirements regarding the use of continuing con10 tracts under the authority of section 206 of the Water Re11 sources Development Act of 1999 (33 U.S.C. 2331) shall 

12 apply only to projects funded under the Operation and 

13 Maintenance account and the Operation and Maintenance 

14 subaccount of the Flood Control, Mississippi River and 

15 Tributaries account. 

16 SEC. 103. None of the funds made available in title 

17 I of this Act may be used to award any continuing con18 tract or to make modifications to any existing continuing 

19 contract that commits an amount for a project in excess 

20 of the amount appropriated for such project pursuant to 

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

22 Act may be modified pursuant to the authorities provided 

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

24 unobligated balances for such project. 


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1 SEC. 104. None of the funds provided in this Act may 

2 be expended by the Secretary of the Army to construct 

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

4 Harbor or to reimburse the local sponsor for the construc5 tion of the Port Jersey element until commitments for 

6 construction of container handling facilities are obtained 

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

8 Port Jersey element. 

9 SEC. 105. (a) None of the funds provided in this Act 

10 shall be available for operation and maritime maintenance 

11 of the hopper dredge McFarland. 

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

13 for the decommissioning of the vessel. 

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

15 be expended to prevent or limit any reprogramming of 

16 funds for a project to be carried out by the Corps of Engi17 neers, based on whether the project was included by the 

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

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

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

21 Office of Management and Budget. 

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

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

24 Fund for past judgments against the United States on 


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1 Civil Works contracts and real estate acquisitions that 

2 have been financed by the Judgment Fund. 

3 SEC. 108. None of the funds provided in this Act may 

4 be used to implement an A–76 study or similar privatiza5 tion process for Corps personnel employed to operate or 

6 maintain locks and dams. 

7 SEC. 109. None of the funds in this Act may be used 

8 to further work on the Corps of Engineers proposal to re9 move a section of the dam for fish passage or to study 

10 other alternatives to the trap and haul facility at Elk 

11 Creek Dam, Oregon. 

12 SEC. 110. None of the funds made available under 

13 this Act may be used to revise the master control plans 

14 and master manuals of the Corps of Engineers for the 

15 Alabama, Coosa, Tallapoosa River basin in Alabama and 

16 Georgia or the Apalachicola, Chattahoochee, Flint River 

17 Basin in Alabama, Georgia, and Florida. 

18 TITLE II 

19 DEPARTMENT OF THE INTERIOR 

20 CENTRAL UTAH PROJECT 

21 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

22 For carrying out activities authorized by the Central 

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

24 available until expended, of which $965,000 shall be de25 posited into the Utah Reclamation Mitigation and ConVerDate Aug 31 2005 21:23 May 19, 2006 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H5427.RH H5427

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1 servation Account for use by the Utah Reclamation Miti2 gation and Conservation Commission. 

3 In addition, for necessary expenses incurred in car4 rying out related responsibilities of the Secretary of the 

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

6 BUREAU OF RECLAMATION

7 The following appropriations shall be expended to 

8 execute authorized functions of the Bureau of Reclama9 tion: 

10 WATER AND RELATED RESOURCES

11 (INCLUDING TRANSFER OF FUNDS AND RESCISSION)

12 For management, development, and restoration of 

13 water and related natural resources and for related activi14 ties, including the operation, maintenance, and rehabilita15 tion of reclamation and other facilities, participation in 

16 fulfilling related Federal responsibilities to Native Ameri17 cans, and related grants to, and cooperative and other 

18 agreements with, State and local governments, Indian 

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

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

21 transfer to the Upper Colorado River Basin Fund and 

22 $26,952,000 shall be available for transfer to the Lower 

23 Colorado River Basin Development Fund; of which such 

24 amounts as may be necessary may be advanced to the Col25 orado River Dam Fund; of which not more than $500,000 


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

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

3 1706: Provided, That such transfers may be increased or 

4 decreased within the overall appropriation under this 

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

6 the amount for program activities that can be financed 

7 by the Reclamation Fund or the Bureau of Reclamation 

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

9 shall be derived from that Fund or account: Provided fur10 ther, That funds contributed under 43 U.S.C. 395 are 

11 available until expended for the purposes for which con12 tributed: Provided further, That funds advanced under 43 

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

14 available until expended for the same purposes as the 

15 sums appropriated under this heading: Provided further, 

16 That funds available for expenditure for the Departmental 

17 Irrigation Drainage Program may be expended by the Bu18 reau of Reclamation for site remediation on a non-reim19 bursable basis: Provided further, That from unobligated 

20 balances made available under section 2507 of the Farm 

21 Security and Rural Investment Act of 2002 for the Bu22 reau of Reclamation’s At Risk Terminal Lakes Program, 

23 $88,000,000 are rescinded: Provided further, That 

24 $10,000,000 of the funds provided herein shall be depos25 ited in the San Gabriel Restoration Fund established by 


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

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

3 herein, $1,000,000 shall be used for assessing the feasi4 bility of relocating the Highway 49 bridge, Auburn-Folsom 

5 South Unit of the Central Valley Project. 

6 CENTRAL VALLEY PROJECT RESTORATION FUND

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

8 habitat restoration, improvement, and acquisition provi9 sions of the Central Valley Project Improvement Act, 

10 $41,478,000, to be derived from such sums as may be col11 lected in the Central Valley Project Restoration Fund pur12 suant to sections 3407(d), 3404(c)(3), 3405(f), and 

13 3406(c)(1) of Public Law 102–575, to remain available 

14 until expended: Provided, That the Bureau of Reclamation 

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

16 additional mitigation and restoration payments authorized 

17 by section 3407(d) of Public Law 102–575: Provided fur18 ther, That none of the funds made available under this 

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

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

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

22 CALIFORNIA BAY-DELTA RESTORATION

23 (INCLUDING TRANSFER OF FUNDS)

24 For carrying out activities authorized by the Water 

25 Supply, Reliability, and Environmental Improvement Act, 


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

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

3 available until expended, of which such amounts as may 

4 be necessary to carry out such activities may be trans5 ferred to appropriate accounts of other participating Fed6 eral agencies to carry out authorized purposes: Provided, 

7 That funds appropriated herein may be used for the Fed8 eral share of the costs of CALFED Program management: 

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

10 the California Bay-Delta Authority for program-wide 

11 management and oversight activities shall be subject to 

12 the approval of the Secretary of the Interior: Provided fur13 ther, That CALFED implementation shall be carried out 

14 in a balanced manner with clear performance measures 

15 demonstrating concurrent progress in achieving the goals 

16 and objectives of the Program: Provided further, That 

17 $6,000,000 shall be transferred to the Army Corps of En18 gineers to carry out further study and analysis of the sta19 bility of the levee projects authorized under section 

20 103(f)(3) of Public Law 108–361. 

21 POLICY AND ADMINISTRATION

22 For necessary expenses of policy, administration, and 

23 related functions in the office of the Commissioner, the 

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

25 of Reclamation, to remain available until expended, 


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1 $58,069,000, to be derived from the Reclamation Fund 

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

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

4 Act shall be available for activities or functions budgeted 

5 as policy and administration expenses. 

6 ADMINISTRATIVE PROVISION 

7 Appropriations for the Bureau of Reclamation shall 

8 be available for purchase of not to exceed 14 passenger 

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

10 GENERAL PROVISIONS, DEPARTMENT OF THE 

11 INTERIOR 

12 SEC. 201. (a) None of the funds appropriated or oth13 erwise made available by this Act may be used to deter14 mine the final point of discharge for the interceptor drain 

15 for the San Luis Unit until development by the Secretary 

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

17 shall conform to the water quality standards of the State 

18 of California as approved by the Administrator of the En19 vironmental Protection Agency, to minimize any detri20 mental effect of the San Luis drainage waters. 

21 (b) The costs of the Kesterson Reservoir Cleanup 

22 Program and the costs of the San Joaquin Valley Drain23 age Program shall be classified by the Secretary of the 

24 Interior as reimbursable or nonreimbursable and collected 

25 until fully repaid pursuant to the ‘‘Cleanup Program-AlVerDate Aug 31 2005 21:23 May 19, 2006 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H5427.RH H5427

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1 ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 

2 Repayment Plan’’ described in the report entitled ‘‘Repay3 ment Report, Kesterson Reservoir Cleanup Program and 

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

5 prepared by the Department of the Interior, Bureau of 

6 Reclamation. Any future obligations of funds by the 

7 United States relating to, or providing for, drainage serv8 ice or drainage studies for the San Luis Unit shall be fully 

9 reimbursable by San Luis Unit beneficiaries of such serv10 ice or studies pursuant to Federal reclamation law. 

11 SEC. 202. None of the funds appropriated or other12 wise made available by this Act may be used to pay the 

13 salaries and expenses of personnel to purchase or lease 

14 water in the Middle Rio Grande or the Carlsbad Projects 

15 in New Mexico unless said purchase or lease is in compli16 ance with the purchase requirements of section 202 of 

17 Public Law 106–60. 

18 TITLE III 

19 DEPARTMENT OF ENERGY 

20 ENERGY PROGRAMS 

21 ENERGY SUPPLY AND CONSERVATION

22 For Department of Energy expenses including the 

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

25 supply and energy conservation activities in carrying out 


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1 the purposes of the Department of Energy Organization 

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

3 condemnation of any real property or any facility or for 

4 plant or facility acquisition, construction, or expansion, 

5 $2,025,527,000, to remain available until September 30, 

6 2009. 

7 CLEAN COAL TECHNOLOGY

8 (RESCISSION)

9 Of the funds made available under this heading for 

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

11 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

12 For necessary expenses in carrying out fossil energy 

13 research and development activities, under the authority 

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

15 7101 et seq.), including the acquisition of interest, includ16 ing defeasible and equitable interests in any real property 

17 or any facility or for plant or facility acquisition or expan18 sion, the hire of passenger motor vehicles, the hire, main19 tenance, and operation of aircraft, the purchase, repair, 

20 and cleaning of uniforms, the reimbursement to the Gen21 eral Services Administration for security guard services, 

22 and for conducting inquiries, technological investigations 

23 and research concerning the extraction, processing, use, 

24 and disposal of mineral substances without objectionable 

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


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1 1603), $558,204,000, to remain available until expended, 

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

3 project coordinated with the private sector for FutureGen, 

4 without regard to the terms and conditions applicable to 

5 clean coal technology projects: Provided, That the initial 

6 planning and research stages of the FutureGen project 

7 shall include a matching requirement from non-Federal 

8 sources of at least 20 percent of the costs: Provided fur9 ther, That any demonstration component of such project 

10 shall require a matching requirement from non-Federal 

11 sources of at least 50 percent of the costs of the compo12 nent: Provided further, That of the amounts provided, 

13 $36,400,000 is available, after coordination with the pri14 vate sector, for a request for proposals for the Clean Coal 

15 Power Initiative providing for competitively-awarded re16 search, development, and demonstration projects to reduce 

17 the barriers to continued and expanded coal use: Provided 

18 further, That no project may be selected for which suffi19 cient funding is not available to provide for the total 

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

21 accordance with the provisions governing the use of funds 

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

23 42 U.S.C. 5903d as well as those contained under the 

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

25 Provided further, That the Department may include proviVerDate Aug 31 2005 21:23 May 19, 2006 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H5427.RH H5427

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1 sions for repayment of Government contributions to indi2 vidual projects in an amount up to the Government con3 tribution to the project on terms and conditions that are 

4 acceptable to the Department including repayments from 

5 sale and licensing of technologies from both domestic and 

6 foreign transactions: Provided further, That such repay7 ments shall be retained by the Department for future coal8 related research, development and demonstration projects: 

9 Provided further, That any technology selected under this 

10 program shall be considered a Clean Coal Technology, and 

11 any project selected under this program shall be consid12 ered a Clean Coal Technology Project, for the purposes 

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

14 40 of the Code of Federal Regulations: Provided further, 

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

16 used for the field testing of nuclear explosives in the recov17 ery of oil and gas: Provided further, That the Secretary 

18 of Energy is authorized to accept fees and contributions 

19 from public and private sources, to be deposited in a con20 tributed funds account, and prosecute projects using such 

21 fees and contributions in cooperation with other Federal, 

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

23 That revenues and other moneys received by or for the 

24 account of the Department of Energy or otherwise gen25 erated by sale of products in connection with projects of 


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1 the Department appropriated under the Fossil Energy Re2 search and Development account may be retained by the 

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

4 used only for plant construction, operation, costs, and pay5 ments to cost-sharing entities as provided in appropriate 

6 cost-sharing contracts or agreements. 

7 NAVAL PETROLEUM AND OIL SHALE RESERVES

8 For expenses necessary to carry out naval petroleum 

9 and oil shale reserve activities, including the hire of pas10 senger motor vehicles, $18,810,000, to remain available 

11 until expended: Provided, That, notwithstanding any other 

12 provision of law, unobligated funds remaining from prior 

13 years shall be available for all naval petroleum and oil 

14 shale reserve activities. 

15 STRATEGIC PETROLEUM RESERVE

16 For necessary expenses for Strategic Petroleum Re17 serve facility development and operations and program 

18 management activities pursuant to the Energy Policy and 

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

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

21 the hire, maintenance, and operation of aircraft, the pur22 chase, repair, and cleaning of uniforms, the reimburse23 ment to the General Services Administration for security 

24 guard services, $155,430,000, to remain available until ex25 pended. 


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1 NORTHEAST HOME HEATING OIL RESERVE

2 For necessary expenses for Northeast Home Heating 

3 Oil Reserve storage, operation, and management activities 

4 pursuant to the Energy Policy and Conservation Act, 

5 $4,950,000, to remain available until expended. 

6 ENERGY INFORMATION ADMINISTRATION

7 For necessary expenses in carrying out the activities 

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

9 to remain available until expended. 

10 NON-DEFENSE ENVIRONMENTAL CLEANUP

11 For Department of Energy expenses, including the 

12 purchase, construction, and acquisition of plant and cap13 ital equipment and other expenses necessary for non-de14 fense environmental cleanup activities in carrying out the 

15 purposes of the Department of Energy Organization Act 

16 (42 U.S.C. 7101 et seq.), including the acquisition or con17 demnation of any real property or any facility or for plant 

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

19 purchase of not to exceed six passenger motor vehicles, 

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

21 to remain available until expended. 

22 URANIUM ENRICHMENT DECONTAMINATION AND

23 DECOMMISSIONING FUND

24 For necessary expenses in carrying out uranium en25 richment facility decontamination and decommissioning, 


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

2 Atomic Energy Act of 1954, as amended, and title X, sub3 title A, of the Energy Policy Act of 1992, $579,368,000, 

4 to be derived from the Fund, to remain available until ex5 pended, of which $20,000,000 shall be available in accord6 ance with title X, subtitle A, of the Energy Policy Act 

7 of 1992. 

8 SCIENCE

9 For Department of Energy expenses including the 

10 purchase, construction, and acquisition of plant and cap11 ital equipment, and other expenses necessary for science 

12 activities in carrying out the purposes of the Department 

13 of Energy Organization Act (42 U.S.C. 7101 et seq.), in14 cluding the acquisition or condemnation of any real prop15 erty or facility or for plant or facility acquisition, construc16 tion, or expansion, and purchase of not to exceed twenty17 five passenger motor vehicles for replacement only, 

18 $4,131,710,000, to remain available until expended. 

19 NUCLEAR WASTE DISPOSAL

20 For nuclear waste disposal activities to carry out the 

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

22 Law 97–425, as amended (the ‘‘Act’’), including the ac23 quisition of real property or facility construction or expan24 sion, $186,420,000, to remain available until expended, of 

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


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

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

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

4 other than salaries and expenses of State employees, to 

5 conduct scientific oversight responsibilities and participate 

6 in licensing activities pursuant to the Act: Provided fur7 ther, That $4,000,000 shall be provided to affected units 

8 of local government, as defined in the Act, to conduct ap9 propriate activities and participate in licensing activities: 

10 Provided further, That 7.5 percent of the funds provided 

11 shall be made available to affected units of local govern12 ment in California with the balance made available to af13 fected units of local government in Nevada for distribution 

14 as determined by the Nevada units of local government: 

15 Provided further, That notwithstanding the provisions of 

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

17 Department shall have no monitoring, auditing or other 

18 oversight rights or responsibilities over amounts provided 

19 to affected units of local government under this heading: 

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

21 shall be made available solely to the Nevada Division of 

22 Emergency Management by direct payment and units of 

23 local government by direct payment: Provided further, 

24 That within 90 days of the completion of each Federal 

25 fiscal year, the Nevada Division of Emergency ManageVerDate Aug 31 2005 21:23 May 19, 2006 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H5427.RH H5427

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1 ment and the Governor of the State of Nevada shall pro2 vide certification to the Department of Energy that all 

3 funds expended from such payments have been expended 

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

5 further, That failure to provide such certification shall 

6 cause such entity to be prohibited from any further fund7 ing provided for similar activities: Provided further, That 

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

9 directly or indirectly to influence legislative action, except 

10 for normal and recognized executive-legislative commu11 nications, on any matter pending before Congress or a 

12 State legislature or for lobbying activity as provided in 18 

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

14 to support multi-State efforts or other coalition building 

15 activities inconsistent with the restrictions contained in 

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

17 realized by the Secretary in carrying out activities author18 ized by the Act, including but not limited to, any proceeds 

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

20 appropriation and shall remain available until expended: 

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

22 be used to pursue repayment or collection of funds pro23 vided in any fiscal year to affected units of local govern24 ment for oversight activities that had been previously apVerDate Aug 31 2005 21:23 May 19, 2006 Jkt 049200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H5427.RH H5427

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1 proved by the Department of Energy, or to withhold pay2 ment of any such funds. 

3 DEPARTMENTAL ADMINISTRATION

4 (INCLUDING TRANSFER OF FUNDS)

5 For salaries and expenses of the Department of En6 ergy necessary for departmental administration in car7 rying out the purposes of the Department of Energy Orga8 nization Act (42 U.S.C. 7101 et seq.), including the hire 

9 of passenger motor vehicles and official reception and rep10 resentation expenses not to exceed $35,000, 

11 $278,382,000, to remain available until expended, plus 

12 such additional amounts as necessary to cover increases 

13 in the estimated amount of cost of work for others not14 withstanding the provisions of the Anti-Deficiency Act (31 

15 U.S.C. 1511 et seq.): Provided, That such increases in cost 

16 of work are offset by revenue increases of the same or 

17 greater amount, to remain available until expended: Pro18 vided further, That moneys received by the Department 

19 for miscellaneous revenues estimated to total 

20 $123,000,000 in fiscal year 2007 may be retained and 

21 used for operating expenses within this account, and may 

22 remain available until expended, as authorized by section 

23 201 of Public Law 95–238, notwithstanding the provisions 

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

25 appropriated shall be reduced by the amount of miscellaVerDate Aug 31 2005 21:23 May 19, 2006 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H5427.RH H5427

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1 neous revenues received during 2007, and any related ap2 propriated receipt account balances remaining from prior 

3 years’ miscellaneous revenues, so as to result in a final 

4 fiscal year 2007 appropriation from the general fund esti5 mated at not more than $155,382,000. 

6 OFFICE OF THE INSPECTOR GENERAL

7 For necessary expenses of the Office of the Inspector 

8 General in carrying out the provisions of the Inspector 

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

10 available until expended. 

11 ATOMIC ENERGY DEFENSE ACTIVITIES 

12 NATIONAL NUCLEAR SECURITY 

13 ADMINISTRATION 

14 WEAPONS ACTIVITIES

15 (INCLUDING TRANSFER OF FUNDS)

16 For Department of Energy expenses, including the 

17 purchase, construction, and acquisition of plant and cap18 ital equipment and other incidental expenses necessary for 

19 atomic energy defense weapons activities in carrying out 

20 the purposes of the Department of Energy Organization 

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

22 condemnation of any real property or any facility or for 

23 plant or facility acquisition, construction, or expansion; 

24 and the purchase of not to exceed 14 passenger motor ve25 hicles, for replacement only, including not to exceed two 


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1 buses; $6,412,001,000, to remain available until ex2 pended: Provided, That $40,000,000 of that amount is for 

3 the Material Consolidation and Upgrade Construction 

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

5 Laboratory. 

6 DEFENSE NUCLEAR NONPROLIFERATION

7 For Department of Energy expenses, including the 

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

10 atomic energy defense, defense nuclear nonproliferation 

11 activities, in carrying out the purposes of the Department 

12 of Energy Organization Act (42 U.S.C. 7101 et seq.), in13 cluding the acquisition or condemnation of any real prop14 erty or any facility or for plant or facility acquisition, con15 struction, or expansion, $1,593,101,000, to remain avail16 able until expended. 

17 NAVAL REACTORS

18 For Department of Energy expenses necessary for 

19 naval reactors activities to carry out the Department of 

20 Energy Organization Act (42 U.S.C. 7101 et seq.), includ21 ing the acquisition (by purchase, condemnation, construc22 tion, or otherwise) of real property, plant, and capital 

23 equipment, facilities, and facility expansion, 

24 $795,133,000, to remain available until expended. 


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1 OFFICE OF THE ADMINISTRATOR

2 For necessary expenses of the Office of the Adminis3 trator in the National Nuclear Security Administration, 

4 including official reception and representation expenses 

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

6 until expended. 

7 ENVIRONMENTAL AND OTHER DEFENSE 

8 ACTIVITIES 

9 DEFENSE ENVIRONMENTAL CLEANUP

10 For Department of Energy expenses, including the 

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

13 energy defense environmental cleanup activities in car14 rying out the purposes of the Department of Energy Orga15 nization Act (42 U.S.C. 7101 et seq.), including the acqui16 sition or condemnation of any real property or any facility 

17 or for plant or facility acquisition, construction, or expan18 sion, $4,951,812,000, to remain available until expended, 

19 and $600,000,000 for the Waste Treatment and Immo20 bilization Plant at Hanford, Washington, to remain avail21 able until September 30, 2007. 

22 OTHER DEFENSE ACTIVITIES

23 For Department of Energy expenses, including the 

24 purchase, construction, and acquisition of plant and cap25 ital equipment and other expenses, necessary for atomic 


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1 energy defense, other defense activities, and classified ac2 tivities, in carrying out the purposes of the Department 

3 of Energy Organization Act (42 U.S.C. 7101 et seq.), in4 cluding the acquisition or condemnation of any real prop5 erty or any facility or for plant or facility acquisition, con6 struction, or expansion, and the purchase of not to exceed 

7 ten passenger motor vehicles for replacement only, 

8 $720,788,000, to remain available until expended. 

9 DEFENSE NUCLEAR WASTE DISPOSAL

10 For nuclear waste disposal activities to carry out the 

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

12 the acquisition of real property or facility construction or 

13 expansion, $388,080,000, to remain available until ex14 pended. 

15 POWER MARKETING ADMINISTRATIONS 

16 BONNEVILLE POWER ADMINISTRATION FUND

17 Expenditures from the Bonneville Power Administra18 tion Fund, established pursuant to Public Law 93–454, 

19 are approved for official reception and representation ex20 penses in an amount not to exceed $1,500. During fiscal 

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

22 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

23 ADMINISTRATION

24 For necessary expenses of operation and maintenance 

25 of power transmission facilities and of electric power and 


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1 energy, including transmission wheeling and ancillary 

2 services pursuant to section 5 of the Flood Control Act 

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

4 power area, $5,723,000, to remain available until ex5 pended: Provided, That, notwithstanding 31 U.S.C. 3302, 

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

7 Administration pursuant to the Flood Control Act of 1944 

8 to recover purchase power and wheeling expenses shall be 

9 credited to this account as offsetting collections, to remain 

10 available until expended for the sole purpose of making 

11 purchase power and wheeling expenditures. 

12 OPERATION AND MAINTENANCE, SOUTHWESTERN

13 POWER ADMINISTRATION

14 For necessary expenses of operation and maintenance 

15 of power transmission facilities and of marketing electric 

16 power and energy, for construction and acquisition of 

17 transmission lines, substations and appurtenant facilities, 

18 and for administrative expenses, including official recep19 tion and representation expenses in an amount not to ex20 ceed $1,500 in carrying out section 5 of the Flood Control 

21 Act of 1944 (16 U.S.C. 825s), as applied to the south22 western power administration, $31,539,000, to remain 

23 available until expended: Provided, That, notwithstanding 

24 31 U.S.C. 3302, up to $13,600,000 collected by the 

25 Southwestern Power Administration pursuant to the 


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1 Flood Control Act to recover purchase power and wheeling 

2 expenses shall be credited to this account as offsetting col3 lections, to remain available until expended for the sole 

4 purpose of making purchase power and wheeling expendi5 tures. 

6 CONSTRUCTION, REHABILITATION, OPERATION AND

7 MAINTENANCE, WESTERN AREA POWER ADMINIS8 TRATION

9 For carrying out the functions authorized by title III, 

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

11 U.S.C. 7152), and other related activities including con12 servation and renewable resources programs as author13 ized, including official reception and representation ex14 penses in an amount not to exceed $1,500; $212,213,000, 

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

16 shall be derived from the Department of the Interior Rec17 lamation Fund: Provided, That of the amount herein ap18 propriated, $6,893,000 is for deposit into the Utah Rec19 lamation Mitigation and Conservation Account pursuant 

20 to title IV of the Reclamation Projects Authorization and 

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

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

23 until expended on a nonreimbursable basis to the Western 

24 Area Power Administration for Topock-Davis-Mead 

25 Transmission Line Upgrades: Provided further, That of 


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1 the amount herin appropriated, $500,000 shall be avail2 able until expended on a nonreimbursable basis to the Dy3 namic Engineering Studies on the TOT–3 and Wyoming 

4 West Transmission projects: Provided further, That not5 withstanding the provision of 31 U.S.C. 3302, up to 

6 $472,593,000 collected by the Western Area Power Ad7 ministration pursuant to the Flood Control Act of 1944 

8 and the Reclamation Project Act of 1939 to recover pur9 chase power and wheeling expenses shall be credited to 

10 this account as offsetting collections, to remain available 

11 until expended for the sole purpose of making purchase 

12 power and wheeling expenditures. 

13 FALCON AND AMISTAD OPERATING AND MAINTENANCE

14 FUND

15 For operation, maintenance, and emergency costs for 

16 the hydroelectric facilities at the Falcon and Amistad 

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

18 and to be derived from the Falcon and Amistad Operating 

19 and Maintenance Fund of the Western Area Power Ad20 ministration, as provided in section 423 of the Foreign 

21 Relations Authorization Act, Fiscal Years 1994 and 1995. 

22 FEDERAL ENERGY REGULATORY COMMISSION

23 SALARIES AND EXPENSES

24 For necessary expenses of the Federal Energy Regu25 latory Commission to carry out the provisions of the DeVerDate Aug 31 2005 21:23 May 19, 2006 Jkt 049200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H5427.RH H5427

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1 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

3 the hire of passenger motor vehicles, and official reception 

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

5 $230,800,000, to remain available until expended: Pro6 vided, That notwithstanding any other provision of law, 

7 not to exceed $230,800,000 of revenues from fees and an8 nual charges, and other services and collections in fiscal 

9 year 2007 shall be retained and used for necessary ex10 penses in this account, and shall remain available until 

11 expended: Provided further, That the sum herein appro12 priated from the general fund shall be reduced as revenues 

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

14 final fiscal year 2007 appropriation from the general fund 

15 estimated at not more than $0. 

16 GENERAL PROVISIONS 

17 DEPARTMENT OF ENERGY 

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

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

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

21 payments for a noncompetitive management and operating 

22 contract unless the Secretary of Energy has published in 

23 the Federal Register and submitted to the Committees on 

24 Appropriations of the House of Representatives and the 

25 Senate a written notification, with respect to each such 


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

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

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

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

5 up to 2 years of a noncompetitive management and oper6 ating contract, if the extension is for purposes of allowing 

7 time to award competitively a new contract, to provide 

8 continuity of service between contracts, or to complete a 

9 contract that will not be renewed. 

10 (b) In this section: 

11 (1) The term ‘‘noncompetitive management and 

12 operating contract’’ means a contract that was 

13 awarded more than 50 years ago without competi14 tion for the management and operation of Ames 

15 Laboratory, Argonne National Laboratory, and Law16 rence Livermore National Laboratory. 

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

18 meaning provided in section 4 of the Office of Fed19 eral Procurement Policy Act (41 U.S.C. 403) and 

20 includes procedures described in section 303 of the 

21 Federal Property and Administrative Services Act of 

22 1949 (41 U.S.C. 253) other than a procedure that 

23 solicits a proposal from only one source. 

24 (c) For all management and operating contracts 

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


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

2 management and operating contract, or award a signifi3 cant extension or expansion to an existing management 

4 and operating contract, unless such contract is awarded 

5 using competitive procedures or the Secretary of Energy 

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

7 a deviation. The Secretary may not delegate the authority 

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

9 award for which the Secretary intends to grant such a 

10 waiver, the Secretary shall submit to the Committees on 

11 Appropriations of the House of Representatives and the 

12 Senate a report notifying the Committees of the waiver 

13 and setting forth, in specificity, the substantive reasons 

14 why the Secretary believes the requirement for competition 

15 should be waived for this particular award. 

16 SEC. 302. WORKFORCE RESTRUCTURING.—None of 

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

18 (1) develop or implement a workforce restruc19 turing plan that covers employees of the Department 

20 of Energy; or 

21 (2) provide enhanced severance payments or 

22 other benefits for employees of the Department of 

23 Energy, under section 3161 of the National Defense 

24 Authorization Act for Fiscal Year 1993 (Public Law 

25 102–484; 42 U.S.C. 7274h). 


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

2 funds appropriated by this Act may be used to augment 

3 the funds made available for obligation by this Act for sev4 erance payments and other benefits and community assist5 ance grants under section 3161 of the National Defense 

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

7 484; 42 U.S.C. 7274h) unless the Department of Energy 

8 submits a reprogramming request to the appropriate con9 gressional committees. 

10 SEC. 304. UNFUNDED REQUESTS FOR PRO11 POSALS.—None of the funds appropriated by this Act may 

12 be used to prepare or initiate Requests For Proposals 

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

14 has not been funded by Congress. 

15 SEC. 305. UNEXPENDED BALANCES.—The unex16 pended balances of prior appropriations provided for ac17 tivities in this Act may be available to the same appropria18 tion accounts for such activities established pursuant to 

19 this title. Available balances may be merged with funds 

20 in the applicable established accounts and thereafter may 

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

22 as originally enacted. 

23 SEC. 306. BONNEVILLE POWER ADMINISTRATION

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

25 other Act for the Administrator of the Bonneville Power 


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1 Administration may be used to enter into any agreement 

2 to perform energy efficiency services outside the legally de3 fined Bonneville service territory, with the exception of 

4 services provided internationally, including services pro5 vided on a reimbursable basis, unless the Administrator 

6 certifies in advance that such services are not available 

7 from private sector businesses. 

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

9 of Energy makes a user facility available to universities 

10 or other potential users, or seeks input from universities 

11 or other potential users regarding significant characteris12 tics or equipment in a user facility or a proposed user fa13 cility, the Department shall ensure broad public notice of 

14 such availability or such need for input to universities and 

15 other potential users. When the Department of Energy 

16 considers the participation of a university or other poten17 tial user as a formal partner in the establishment or oper18 ation of a user facility, the Department shall employ full 

19 and open competition in selecting such a partner. For pur20 poses of this section, the term ‘‘user facility’’ includes, but 

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

22 2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 

23 13503(a)(2)); (2) a National Nuclear Security Adminis24 tration Defense Programs Technology Deployment CenVerDate Aug 31 2005 21:23 May 19, 2006 Jkt 049200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H5427.RH H5427

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1 ter/User Facility; and (3) any other Departmental facility 

2 designated by the Department as a user facility. 

3 SEC. 308. INTELLIGENCE ACTIVITIES.—Funds ap4 propriated by this or any other Act, or made available by 

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

6 are deemed to be specifically authorized by the Congress 

7 for purposes of section 504 of the National Security Act 

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

9 enactment of the Intelligence Authorization Act for fiscal 

10 year 2007. 

11 SEC. 309. LABORATORY DIRECTED RESEARCH AND

12 DEVELOPMENT.—Of the funds made available by the De13 partment of Energy for activities at government-owned, 

14 contractor-operator operated laboratories funded in this 

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

16 to exceed 8 percent of such funds, to be used by such lab17 oratories for laboratory-directed research and develop18 ment: Provided, That the Secretary may also authorize a 

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

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

21 weapons production plant or the manager of the Nevada 

22 Site Office for plant or site-directed research and develop23 ment. 

24 SEC. 310. TECHNOLOGY COMMERCIALIZATION

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


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1 be used for technology commercialization activities funded 

2 via a tax on applied energy research, development, dem3 onstration, and commercial application activities by the 

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

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

6 SEC. 311. CONTRACTOR PENSION BENEFITS.—None 

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

8 be used for implementation of the Department of Energy 

9 Order N 351.1 modifying contractor employee pension and 

10 medical benefits policy. 

11 TITLE IV 

12 INDEPENDENT AGENCIES 

13 APPALACHIAN REGIONAL COMMISSION

14 For expenses necessary to carry out the programs au15 thorized by the Appalachian Regional Development Act of 

16 1965, as amended, not withstanding 40 U.S.C. 14704, 

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

18 and the alternate on the Appalachian Regional Commis19 sion, for payment of the Federal share of the administra20 tive expenses of the Commission, including services as au21 thorized by 5 U.S.C. 3109, and hire of passenger motor 

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


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1 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

2 SALARIES AND EXPENSES

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

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

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

7 available until expended. 

8 DELTA REGIONAL AUTHORITY

9 SALARIES AND EXPENSES

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

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

14 of said Act, $5,940,000, to remain available until ex15 pended. 

16 DENALI COMMISSION

17 For expenses of the Denali Commission including the 

18 purchase, construction and acquisition of plant and capital 

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

20 to remain available until expended, nothwithstanding the 

21 limitations contained in section 306(g) of the Denali Com22 mission Act of 1998. 


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1 NUCLEAR REGULATORY COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Commission in car4 rying out the purposes of the Energy Reorganization Act 

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

6 as amended, including official representation expenses not 

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

8 until expended: Provided, That of the amount appro9 priated herein, $40,981,840 shall be derived from the Nu10 clear Waste Fund: Provided further, That revenues from 

11 licensing fees, inspection services, and other services and 

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

13 shall be retained and used for necessary salaries and ex14 penses in this account, notwithstanding 31 U.S.C. 3302, 

15 and shall remain available until expended: Provided fur16 ther, That the sum herein appropriated shall be reduced 

17 by the amount of revenues received during fiscal year 

18 2007 so as to result in a final fiscal year 2007 appropria19 tion estimated at not more than $152,082,000. 

20 OFFICE OF INSPECTOR GENERAL

21 For necessary expenses of the Office of Inspector 

22 General in carrying out the provisions of the Inspector 

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

24 available until expended: Provided, That revenues from li25 censing fees, inspection services, and other services and 


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HR 5427 RH 

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

2 shall be retained and be available until expended, for nec3 essary salaries and expenses in this account, notwith4 standing 31 U.S.C. 3302: Provided further, That the sum 

5 herein appropriated shall be reduced by the amount of rev6 enues received during fiscal year 2007 so as to result in 

7 a final fiscal year 2007 appropriation estimated at not 

8 more than $814,000. 

9 NUCLEAR WASTE TECHNICAL REVIEW BOARD

10 SALARIES AND EXPENSES

11 For necessary expenses of the Nuclear Waste Tech12 nical Review Board, as authorized by Public Law 100– 

13 203, section 5051, $3,670,000, to be derived from the Nu14 clear Waste Fund, and to remain available until expended. 

15 TITLE V 

16 GENERAL PROVISIONS 

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

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

19 congressional action on any legislation or appropriation 

20 matters pending before Congress, other than to commu21 nicate to Members of Congress as described in 18 U.S.C. 

22 1913. 

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

24 Act may be transferred to any department, agency, or in25 strumentality of the United States Government, except 


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1 pursuant to a transfer made by, or transfer authority pro2 vided in this Act or any other appropriation Act. 

3 This Act may be cited as the ‘‘Energy and Water De4 velopment Appropriations Act, 2007’’. 


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Union Calendar No. 262 

109TH CONGRESS 

2D SESSION H. R. 5427 

[Report No. 109

–474] 

A BILL 

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

MAY 19, 2006 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


dsatterwhite on PROD1PC76 with BILLS