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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1751 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 263
110th CONGRESS
  1st Session
                                S. 1751

                          [Report No. 110-127]

 Making appropriations for energy and water development for the fiscal 
        year ending September 30, 2008, and for other purposes.

Rule___________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              July 9, 2007

    Mr. Dorgan, from the Committee on Appropriations, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL

 
 Making appropriations for energy and water development for the fiscal 
        year ending September 30, 2008, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2008, for energy and water development and for other 
purposes, namely:

                                TITLE I

                       CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

    The following appropriations shall be expended under the direction 
of the Secretary of the Army and the supervision of the Chief of 
Engineers for authorized civil functions of the Department of the Army 
pertaining to rivers and harbors, flood and storm damage reduction, 
shore protection, aquatic ecosystem restoration, and related purposes.

                         general investigations

    For expenses necessary for the collection and study of basic 
information pertaining to river and harbor, flood and storm damage 
reduction, shore protection, aquatic ecosystem restoration, and related 
projects, restudy of authorized projects, miscellaneous investigations, 
and, when authorized by law, surveys and detailed studies and plans and 
specifications of projects prior to construction, $172,147,000, to 
remain available until expended.

                         construction, general

    For expenses necessary for the construction of river and harbor, 
flood and storm damage reduction, shore protection, aquatic ecosystem 
restoration, and related projects authorized by law; for conducting 
detailed studies, and plans and specifications, of such projects 
(including those involving participation by States, local governments, 
or private groups) authorized or made eligible for selection by law 
(but such detailed studies, and plans and specifications, shall not 
constitute a commitment of the Government to construction); 
$2,059,474,000, to remain available until expended; of which such sums 
as are necessary to cover the Federal share of construction costs for 
facilities under the Dredged Material Disposal Facilities program shall 
be derived from the Harbor Maintenance Trust Fund as authorized by 
Public Law 104-303; and of which such sums as are necessary pursuant to 
Public Law 99-662 shall be derived from the Inland Waterways Trust 
Fund, to cover one-half of the costs of construction and rehabilitation 
of inland waterways projects (including the rehabilitation costs for 
Lock and Dam 11, Mississippi River, Iowa; Lock and Dam 19, Mississippi 
River, Iowa; Lock and Dam 24, Mississippi River, Illinois and Missouri; 
Lock 27, Mississippi River, Illinois; Markland Locks and Dam, Kentucky 
and Indiana; Emsworth Locks and Dam, Ohio River, Pennsylvania; and Lock 
and Dam 3, Mississippi River, Minnesota) shall be derived from the 
Inland Waterways Trust Fund: Provided, That the Chief of Engineers is 
directed to use $13,000,000 of the funds appropriated herein for the 
Dallas Floodway Extension, Texas, project, including the Cadillac 
Heights feature, generally in accordance with the Chief of Engineers 
report dated December 7, 1999: Provided further, That the Chief of 
Engineers is directed to use $2,000,000 of the funds provided herein 
for the Hawaii Water Management Project: Provided further, That the 
Chief of Engineers is directed to use $8,500,000 of the funds 
appropriated herein for planning, engineering, design or construction 
of the Grundy, Buchanan County, and Dickenson County, Virginia, 
elements of the Levisa and Tug Forks of the Big Sandy River and Upper 
Cumberland River Project: Provided further, That the Chief of Engineers 
is directed to use $18,000,000 of the funds appropriated herein to 
continue planning, engineering, design or construction of the Lower 
Mingo County, Upper Mingo County, Wayne County, McDowell County, West 
Virginia, elements of the Levisa and Tug Forks of the Big Sandy River 
and Upper Cumberland River Project: Provided further, That the Chief of 
Engineers is directed to use $3,000,000 of the funds provided herein to 
initiate planning and design of a rural health care facility on the 
Fort Berthold Reservation of the Three Affiliated Tribes, North Dakota: 
Provided further, That the Chief of Engineers is directed to proceed 
with work on the permanent bridge to replace Folsom Bridge Dam Road, 
Folsom, California, as authorized by the Energy and Water Development 
Appropriations Act, 2004 (Public Law 108-137), and, of the $18,500,000 
available for the American River Watershed (Folsom Dam Mini-Raise), 
California, project, $14,000,000 of those funds be directed for 
completion of the permanent bridge, with all remaining devoted to the 
Mini-Raise: Provided further, That the Secretary of the Army shall use 
up to $6,000,000 including the prior unobligated balance of $4,972,000 
from the Devils Lake Outlet, North Dakota, project for the North Dakota 
environmental infrastructure project: Provided further, That the 
Secretary of the Army shall use the prior year unobligated balance of 
$1,500,000 from the Waterbury Dam repairs project for the Lake 
Champlain Watershed project.

 flood control, mississippi river and tributaries, arkansas, illinois, 
       kentucky, louisiana, mississippi, missouri, and tennessee

    For expenses necessary for the flood damage reduction program for 
the Mississippi River alluvial valley below Cape Girardeau, Missouri, 
as authorized by law, $375,000,000, to remain available until expended, 
of which such sums as are necessary to cover the Federal share of 
operation and maintenance costs for inland harbors shall be derived 
from the Harbor Maintenance Trust Fund: Provided, That the Chief of 
Engineers is directed to use $10,000,000 of the funds provided herein 
for design and real estate activities and pump supply elements for the 
Yazoo Basin, Yazoo Backwater Pumping Plant, Mississippi: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers is directed to use $10,000,000 appropriated herein for 
construction of water withdrawal features of the Grand Prairie, 
Arkansas, project.

                       operation and maintenance

    For expenses necessary for the operation, maintenance, and care of 
existing river and harbor, flood and storm damage reduction, aquatic 
ecosystem restoration, and related projects authorized by law, for 
providing security for infrastructure owned and operated by, or on 
behalf of, the United States Army Corps of Engineers (the ``Corps''), 
including administrative buildings and facilities, and laboratories, 
and the Washington Aqueduct; for the maintenance of harbor channels 
provided by a State, municipality, or other public agency that serve 
essential navigation needs of general commerce, where authorized by 
law; and for surveys and charting of northern and northwestern lakes 
and connecting waters, clearing and straightening channels, and removal 
of obstructions to navigation, $2,291,971,000, to remain available 
until expended, of which such sums as are necessary to cover the 
Federal share of operation and maintenance costs for coastal harbors 
and channels, and inland harbors shall be derived from the Harbor 
Maintenance Trust Fund, pursuant to Public Law 99-662 may be derived 
from that fund, as amended; of which such sums as become available from 
the special account for the Corps established by the Land and Water 
Conservation Act of 1965, as amended (16 U.S.C. 460l-6a(i)), may be 
derived from that account for resource protection, research, 
interpretation, and maintenance activities related to resource 
protection in the areas at which outdoor recreation is available; and 
of which such sums as become available under section 217 of the Water 
Resources Development Act of 1996, Public Law 104-303, shall be used to 
cover the cost of operation and maintenance of the dredged material 
disposal facilities for which fees have been collected: Provided, That 
utilizing funds appropriated herein, for the Intracoastal Waterway, 
Delaware River to Chesapeake Bay, Delaware and Maryland, the Chief of 
Engineers, is directed to reimburse the State of Delaware for normal 
operation and maintenance costs incurred by the State of Delaware for 
the SR1 Bridge from station 58+00 to station 293+00 between October 1, 
2007, and September 30, 2008.

                 flood control and coastal emergencies

    For expenses necessary to prepare for flood, hurricane, and other 
natural disasters and support emergency operations, repairs, and other 
activities in response to flood and hurricane emergencies, as 
authorized by law, $50,000,000, to remain available until expended.

                           regulatory program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $180,000,000, to remain 
available until expended.

            formerly utilized sites remedial action program

    For expenses necessary to clean up contamination from sites in the 
United States resulting from work performed as part of the Nation's 
early atomic energy program, $140,000,000, to remain available until 
expended.

                            general expenses

    For expenses necessary for general administration and related civil 
works functions in the headquarters of the United States Army Corps of 
Engineers, the offices of the Division Engineers, the Humphreys 
Engineer Center Support Activity, the Institute for Water Resources, 
the United States Army Engineer Research and Development Center, and 
the United States Army Corps of Engineers Finance Center, $175,000,000, 
to remain available until expended: Provided, That no part of any other 
appropriation provided in title I of this Act shall be available to 
fund the civil works activities of the Office of the Chief of Engineers 
or the civil works executive direction and management activities of the 
division offices.

        office of assistant secretary of the army (civil works)

    For the Office of the Assistant Secretary of the Army (Civil 
Works), $4,500,000 is provided.

                        administrative provision

    Appropriations in this title shall be available for official 
reception and representation expenses (not to exceed $5,000); and 
during the current fiscal year the Revolving Fund, Corps of Engineers, 
shall be available for purchase (not to exceed 100 for replacement 
only) and hire of passenger motor vehicles.

             general provisions, corps of engineers--civil

    Sec. 101. (a) None of the funds provided in title I of this Act 
shall be available for obligation or expenditure through a 
reprogramming of funds that--
            (1) creates or initiates a program, project or activity;
            (2) General investigations.--For a base level over 
        $100,000, reprogramming of 25 percent of the base amount up to 
        a limit of $150,000 per project, study or activity is allowed: 
        Provided, That for a base level less than $100,000, the 
        reprogramming limit is $25,000: Provided further, That $25,000 
        may be reprogrammed into any continuing study or activity that 
        did not receive an appropriation: Provided further, That 
        reprogrammings that exceed these limits must be submitted to 
        the House and Senate Subcommittees for approval;
            (3) Construction, general.--For a base level over 
        $2,000,000, reprogramming of 15 percent of the base amount up 
        to a limit of $3,000,000 per project, study or activity is 
        allowed: Provided, That for a base level less than $2,000,000, 
        the reprogramming limit is $300,000: Provided further, That 
        $300,000 may be reprogrammed into any continuing study or 
        activity that did not receive an appropriation: Provided 
        further, That up to $3,000,000 may be reprogrammed for settled 
        contractor claims, accelerated earnings, or real estate 
        deficiency judgments: Provided further, That reprogrammings 
        that exceed these limits must be submitted to the House and 
        Senate Subcommittees for approval;
            (4) Operation and maintenance.--Unlimited reprogramming 
        authority is granted in order for the Corps to be able to 
        respond to emergencies: Provided, That the Chief of Engineers 
        must notify the House and Senate Committees on Appropriations 
        of these emergency actions as soon thereafter as practicable: 
        Provided further, That for a base level over $1,000,000, 
        reprogramming of 15 percent of the base amount up to a limit of 
        $5,000,000 per project, study or activity is allowed: Provided 
        further, That for a base level less than $1,000,000, the 
        reprogramming limit is $150,000: Provided further, That 
        $150,000 may be reprogrammed into any continuing study or 
        activity that did not receive an appropriation: Provided 
        further, That reprogrammings that exceed these limits must be 
        submitted to the House and Senate Subcommittees for approval;
            (5) Mississippi river and tributaries.--The same 
        reprogramming guidelines for the General Investigations, 
        Construction, General and Operation and Maintenance portions of 
        the Mississippi River and Tributaries Account as listed above.
            (6) Formerly utilized sites remedial action program.--
        Reprogramming of up to 15 percent of the base of the receiving 
        project is permitted unless prior approval is received from the 
        House and Senate Committees on Appropriations.
    (b) Continuing Authorities Program.--No funds shall be reprogrammed 
into or out of section 205 of the Flood Control Act of 1948; section 14 
of the Flood Control Act of 1946; section 208 of the Flood Control Act 
of 1954; section 107 of the River and Harbor Act of 1960; section 103 
of the River and Harbor Act of 1962; section 111 of the River and 
Harbor Act of 1968; section 1135 of the Water Resources Development Act 
of 1986; section 206 of the Water Resources Development Act of 1996; 
sections 204 and 207 of the Water Resources Development Act of 1992 or 
section 933 of the Water Resources Development Act of 1986: Provided, 
That unlimited reprogramming is permitted within any of the Continuing 
Authorities Programs Sections listed above.
    Sec. 102. None of the funds in this Act, or previous Acts, making 
funds available for Energy and Water Development, shall be used to 
implement any pending or future competitive sourcing actions under OMB 
Circular A-76 or High Performing Organizations for the U.S. Army Corps 
of Engineers.
    Sec. 103. None of the funds appropriated in this or any other Act 
shall be used to demonstrate or implement any plans divesting or 
transferring any Civil Works missions, functions, or responsibilities 
of the United States Army Corps of Engineers to other government 
agencies without specific direction in a subsequent Act of Congress.
    Sec. 104. St. Georges Bridge, Delaware.--None of the funds made 
available in this Act may be used to carry out any activity relating to 
closure or removal of the St. Georges Bridge across the Intracoastal 
Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland, 
including a hearing or any other activity relating to preparation of an 
environmental impact statement concerning the closure or removal.
    Sec. 105. Within 75 days of the date of the Chief of Engineers 
Report on a water resource matter, the Assistant Secretary of the Army 
(Civil Works) shall submit the report to the appropriate authorizing 
and appropriating committees of the Congress.
    Sec. 106. Water Reallocation, Lake Cumberland, Kentucky. (a) In 
General.--Subject to subsection (b), none of the funds made available 
by this Act may be used to carry out any water reallocation project or 
component under the Wolf Creek Project, Lake Cumberland, Kentucky, 
authorized under the Act of June 28, 1938 (52 Stat. 1215, ch. 795) and 
the Act of July 24, 1946 (60 Stat. 636, ch. 595).
    (b) Existing Reallocations.--Subsection (a) shall not apply to any 
water reallocation for Lake Cumberland, Kentucky, that is carried out 
subject to an agreement or payment schedule in effect on the date of 
enactment of this Act.
    Sec. 107. The project for flood control at Milton, West Virginia, 
authorized by section 580 of the Water Resources Development Act of 
1996 (110 Stat. 3790), as modified by section 340 of the Water 
Resources Development Act of 2000 (114 Stat. 2612), is modified to 
authorize the Secretary to construct the project substantially in 
accordance with the draft report of the Corps of Engineers dated April 
2006, at an estimated total cost of $45,500,000, with an estimated 
Federal cost of $34,125,000 and an estimated non-Federal cost of 
$11,375,000.
    Sec. 108. Using amounts available in the Revolving Fund, the 
Secretary of the Army is authorized to construct a new Environmental 
Laboratory and improvements to the Information Technology Laboratory at 
the Engineer Research and Development Center in Vicksburg, Mississippi: 
Provided, That the Secretary shall ensure that the Revolving Fund is 
appropriately reimbursed from appropriations of the Corps' benefiting 
programs by collection each year of amounts sufficient to repay the 
capitalized cost of such construction and improvements.
    Sec. 109. The Secretary of the Army may enter into cooperative 
agreements with any Indian Tribe whose lands are located in New Mexico 
and occupied by a flood control project owned and operated by the Corps 
of Engineers, to assist in carrying out Operation and Maintenance 
activities associated with such project.
    Sec. 110. Notwithstanding section 729 of the Water Resources 
Development Act of 1986, as amended (33 U.S.C. 2267a), the Secretary 
shall credit toward the non-Federal share of the cost of the Rio Grande 
Basin Watershed Study, New Mexico, Colorado and Texas, the cost of in-
kind services contributed by the New Mexico Interstate Stream 
Commission for the Study up to the full amount of the required non-
Federal share, in accordance with the Agreement between the Commission 
and the Department of the Army dated December 3, 2001 as modified on 
January 14, 2002.
    Sec. 111. Section 121 of the Energy and Water Development 
Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2256) is 
amended by striking subsection (a) and inserting the following:
    ``(a) The Secretary of the Army may carry out and fund planning 
studies, watershed surveys and assessments, or technical studies at 100 
percent Federal expense to accomplish the purposes of the 2003 
Biological Opinion described in section 205(b) of the Energy and Water 
Development Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 
2949) as amended by subsection (b) and the collaborative program long-
term plan. In carrying out a study, survey, or assessment under this 
subsection, the Secretary of the Army shall consult with Federal, 
State, tribal and local governmental entities, as well as entities 
participating in the Middle Rio Grande Endangered Species Collaborative 
Program referred to in section 205 of the Energy and Water Development 
Appropriations Act, 2008. The Secretary of the Army may also provide 
planning and administrative assistance to the Middle Rio Grande 
Endangered Species Collaborative Program, which shall not be subject to 
cost sharing requirements with non-Federal interests.''.
    Sec. 112. None of the funds provided in this or prior Acts shall be 
expended on the update of the disputed water control manuals for the 
Apalachicola-Chattahoochee-Flint Rivers without the approval of the 
States of Alabama, Florida, and Georgia or for the Alabama-Coosa-
Tallapoosa Rivers without the approval of the States of Alabama and 
Georgia or until such time as all legal proceedings in relation to the 
water use disputes are concluded and all appeals exhausted.
    Sec. 113. The project for flood damage reduction, Rio de Flag, 
Flagstaff, Arizona, authorized in section 101(b)(3) of the Water 
Resources Development Act, 2000, is modified to authorize the Secretary 
to construct the project, at a total cost of $54,130,000, with an 
estimated Federal cost of $34,970,000, and an estimated non-Federal 
cost of $19,160,000.
    Sec. 114. Section 582(c)(2) of the Water Resources Development Act 
of 1999 (Public Law 106-53) is modified by striking ``$1,000,000'' and 
inserting ``$2,000,000'', in lieu thereof.
    Sec. 115. The project for flood control, Santa Ana River Mainstem, 
including Santiago Creek, California, authorized by section 401(a) of 
the Water Resources Development Act of 1986 (Public Law 99-662), 
modified by section 104 of the Energy and Water Development 
Appropriations Act, 1988 (Public Law 100-202), and by section 309 of 
the Water Resources Development Act of 1996 (Public Law 104-303), is 
further modified to authorize the Chief of Engineers to carry out the 
project at a total cost of $1,800,000,000.
    Sec. 116. The project for flood damage reduction and recreation, 
Upper Guadalupe River, California, authorized by section 101(a)(9) of 
the Water Resources Development Act of 1999 (113 Stat. 275), is 
modified to authorize the Secretary to construct the project generally 
in accordance with the Upper Guadalupe River Flood Damage Reduction, 
San Jose, California, Limited Reevaluation Report, dated March 2004, at 
a total cost of $244,500,000, with an estimated Federal cost of 
$130,600,000 and an estimated non-Federal cost of $113,900,000.
    Sec. 117. The Secretary of the Army, acting through the Chief of 
Engineers, is directed to convey at no cost, lands to Tate County 
School District, Tate County, Mississippi, the transfer of any real 
property interests, not to exceed 50 acres, at Arkabutla Lake deemed 
available by the Army that is located adjacent to school district 
property in the vicinity of State Highway 306 west of Coldwater, 
Mississippi. Such transfer shall be subject to the reservation of any 
required flowage easements for the operation of Arkabutla Lake and 
which preclude structures for human habitation. This property shall be 
used by the Tate County School District for public educational 
purposes.
    Sec. 118. Section 594 of the Water Resources Development Act of 
1999 is amended by striking ``SEC. 594. OHIO.'' and inserting in lieu 
thereof ``SEC. 594. OHIO AND NORTH DAKOTA.'' and in (a) strike 
``Ohio.'' and insert in lieu thereof ``Ohio and North Dakota.'' and in 
(b) strike ``Ohio,'' and insert in lieu thereof ``Ohio and North 
Dakota,'' and in (g) strike ``$240,000,000.'' and insert in lieu 
thereof ``$240,000,000 for Ohio and $100,000,000 for North Dakota.''
    Sec. 119. The Secretary of the Army, acting through the Chief of 
Engineers, is directed and authorized to conduct preconstruction 
engineering and design activities at full Federal expense for the 
Kahuku Storm Damage Reduction Project, Oahu, Hawaii, which includes 
interior drainage and related improvements to be constructed on lands 
that may include Federal land, the cost of the preconstruction, 
engineering, and design activities shall be included in total project 
costs to be cost shared at the rate of 65 percent Federal and 35 
percent non-Federal, as a part of construction and the Decision 
Document contents shall be limited to a design analysis and supporting 
NEPA documentation for drainage improvements.
    Sec. 120. The Secretary of the Army, acting through the Chief of 
Engineers, is directed to fully utilize the Federal dredging fleet in 
support of all Army Corps of Engineers missions and no restrictions 
shall be placed on the use or maintenance of any dredge in the Federal 
Fleet.
    Sec. 121. The Secretary of the Army, acting through the Chief of 
Engineers, is directed to maintain the Federal dredging fleet to 
technologically modern and efficient standards.
    Sec. 122. The Secretary of the Army, acting through the Chief of 
Engineers is directed to utilize funds from the revolving fund to 
expeditiously undertake necessary health and safety improvements to the 
dredge ``McFarland'': Provided, That the Secretary shall ensure that 
the Revolving Fund is appropriately reimbursed from appropriations of 
the Corps' benefiting programs by collection each year of amounts 
sufficient to repay the capitalized cost of such construction and 
improvements.
    Sec. 123. The Secretary of the Army is authorized to use funds 
appropriated under the Missouri River Recovery and Mitigation Program 
to assist the Bureau of Reclamation in the design and construction of 
facilities of the Bureau of Reclamation's Lower Yellowstone Project 
near Intake, Montana, for the purpose of ecosystem restoration; and if 
appropriate may transfer such funds to the Bureau of Reclamation, which 
shall use such transferred funds for such purposes.
    Sec. 124. The U.S. Army Corps of Engineers' share of the total cost 
for projects and activities authorized under 16 U.S.C. 410-r-8 shall be 
limited to $69,650,000.
    Sec. 125. Section 108 under title I of Public Law 109-103 is 
repealed.
    Sec. 126. Section 227 of Public Law 104-303 is amended in section 
5(a) by striking ``7'', and inserting ``12'' in lieu thereof.
    Sec. 127. All budget documents and justification materials for the 
Corps of Engineers annual budget submission to Congress shall be 
assembled and presented based on the most recent annual appropriations 
Act: Provided, That new budget proposals for fiscal year 2008 and 
thereafter, shall not be integrated into the budget justifications 
submitted to Congress but shall be submitted separately from the budget 
justifications documents.
    Sec. 128. The Secretary of the Army acting through the Chief of 
Engineers is directed to plan, design, and construct a rural health 
care facility on the Fort Berthold Indian Reservation of the Three 
Affiliated Tribes, North Dakota, at an estimated Federal cost of 
$20,000,000. The Secretary shall transfer this facility to the 
Secretary of the Interior for operation and maintenance upon the 
completion of construction.
    Sec. 129. The last sentence of section 215(a) of the Flood Control 
Act of 1968 (42 U.S.C. 1962d-5a(a)) is amended by striking 
``$5,000,000'' and inserting ``$7,000,000''.
    Sec. 130. Johnson Creek, Arlington, Texas. (a) In General.--The 
project for flood damage reduction, environmental restoration and 
recreation, Johnson Creek, Arlington, Texas, authorized by section 
101(b)(14) of the Water Resources Development Act of 1999 (113 Stat. 
280-281) is modified to authorize the Secretary to construct the 
project substantially in accordance with the report entitled Johnson 
Creek: A Vision of Conservation, dated March 30, 2006, at a total cost 
of $80,000,000, with an estimated Federal cost of $52,000,000 and an 
estimated non-Federal cost of $28,000,000 if the Secretary determines 
that the project is technically sound and environmentally acceptable.
    (b) Non-Federal Share.--
            (1) In general.--The non-Federal share of the cost of the 
        project may be provided in cash or in the form of in-kind 
        services or materials.
            (2) Credit and reimbursement.--The Secretary shall credit 
        toward the non-Federal share of the cost of the project the 
        cost of planning, design, and construction work carried out by 
        the non-Federal interest for implementation of the project, if 
        the Secretary determines that the work is integral to the 
        project. Subject to the availability of funds, the non- Federal 
        interest shall be reimbursed for costs incurred by the non-
        Federal interest that exceed the non-Federal share of project 
        costs.
    (c) Conforming Amendment.--Section 134 of the Energy and Water 
Development Appropriations Act, 2006 (119 Stat. 2264) is repealed.
    Sec. 131. McAlpine Lock and Dam, Indiana and Kentucky. Section 
101(a)(10) of the Water Resources Development Act of 1990, Public Law 
101-640, is amended by striking both occurrences of ``$219,000,000'' 
and inserting in their place ``$430,000,000''.
    Sec. 132. The Secretary is authorized and directed to reimburse 
local governments for expenses they have incurred in storm-proofing 
pumping stations, constructing safe houses for operators, and other 
interim flood control measures in and around the New Orleans 
metropolitan area, provided the Secretary determines those elements of 
work and related expenses to be integral to the overall plan to ensure 
operability of the stations during hurricanes, storms and high water 
events and the flood control plan for the area.
    Sec. 133. Section 101(a)(5) of the Water Resources Development Act 
of 1996 (110 Stat. 3663) is amended--
            (1) by inserting ``(A) In General.--'' before ``The''; and
            (2) by adding at the end the following:
                    ``(B) Credit Toward Non-Federal Share.--The 
                Secretary shall credit toward the non-Federal share of 
                the project the costs expended by non-Federal interests 
                for the replacement and reconstruction of the Soquel 
                Avenue Bridge, if the Secretary determines that the 
                work is integral to the project.
                    ``(C) Maximum Amount of Credit.--The credit under 
                paragraph (B) may not exceed $2,000,000.
                    ``(D) Limitation of Total Project Cost.--The 
                Secretary shall not include the costs to be credited 
                under paragraphs (B) and (C) in total project costs in 
                determining the amounts of the Federal and non-Federal 
                contributions.''.
    Sec. 134. Missouri and Middle Mississippi Rivers Enhancement 
Project. Section 514(g) of the Water Resources Development Act of 1999 
(Public Law 106-53) is amended by striking the words ``for the period 
of fiscal years 2000 and 2001.'' and inserting in lieu thereof ``per 
year, and that authority shall extend until Federal fiscal year 
2015.''.
    Sec. 135. The project for flood damage reduction, Nogales Wash, 
Arizona, authorized in section 101(a)(4) of the Water Resources 
Development Act, 1990, is modified to authorize the Secretary to 
construct the project, at a total cost of $24,500,000, with an 
estimated Federal cost of $19,500,000, and an estimated non-Federal 
cost of $5,000,000.
    Sec. 136. The project for flood damage reduction, Tucson Drainage 
Area, Arizona, authorized in section 101(a)(5) of the Water Resources 
Development Act, 1999, is modified to authorize the Secretary to 
construct the project, at a total cost of $66,700,000, with an 
estimated Federal cost of $43,350,000, and an estimated non-Federal 
cost of $23,350,000.
    Sec. 137. Section 219(f) of the Water Resources Development Act of 
1992 (Public Law 102-580, 106 Stat. 4835 et seq.), as amended, is 
further amended by striking subsection ``(71) Coronado, California'', 
in its entirety and inserting the following:
            ``(71) Coronado, california.
                    ``(A) $10,000,000 is authorized for wastewater 
                infrastructure, Coronado, California.
                    ``(B) The Federal Share may be in the form of 
                grants or reimbursements of project costs incurred by 
                the non-Federal sponsor for work performed by the non-
                Federal sponsor before or after the execution of a 
                project cooperation agreement, if the Secretary 
                determines that such work is integral to the project.
                    ``(C) The Secretary is authorized to credit towards 
                the non-Federal share of project costs the costs 
                incurred by the non-Federal sponsor for work performed 
                by the non-Federal sponsor before or after the 
                execution of a project cooperation agreement, if the 
                Secretary determines that such work is integral to the 
                project.''
    Sec. 138. Section 595(h) of the Water Resources Development Act of 
1999 (113 Stat. 384; 117 Stat. 142; 117 Stat. 1836) is amended by 
striking ``New Mexico, and rural Utah'' and inserting ``and New Mexico 
and $50,000,000 for Rural Utah''.
    Sec. 139. Navajo Reservation, Arizona, New Mexico, and Utah.--
Section 520(b) of the Water Resources Development Act of 1999 (Public 
Law 106-53; 113 Stat. 345) is amended by inserting after the second 
sentence ``The local match for the funds appropriated for flood plain 
delineation on the Navajo reservation in Arizona, New Mexico, and Utah 
may be provided as in-kind services.''.
    Sec. 140. Connecticut River Watershed Study, New Hampshire, 
Connecticut, Massachusetts, And Vermont.--Notwithstanding section 221 
of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), The Nature 
Conservancy may act as the non-Federal interest for purposes of 
carrying out the work detailed in the agreement executed between The 
Nature Conservancy and the Department of the Army on August 5, 2005.
    Sec. 141. Chicago Sanitary and Ship Canal Dispersal Barriers 
Project, Illinois. (a) In General.--The Chicago Sanitary and Ship Canal 
Dispersal Barrier Project (referred to in this Act as ``Barrier I'') 
(as in existence on the date of enactment of this Act), constructed as 
a demonstration project under section 1202(i)(3) of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
4722(i)(3)), and the project relating to the Chicago Sanitary and Ship 
Canal Dispersal Barrier, as authorized by section 345 of the District 
of Columbia Appropriations Act, 2005 (Public Law 108-335; 118 Stat. 
1352) (referred to in this Act as ``Barrier II''), shall be considered 
to constitute a single project.
    (b) Activities Relating to Barrier I and Barrier II.--
            (1) Duties of secretary of the army.--The Secretary of the 
        Army (referred to in this Act as the ``Secretary'') shall, at 
        full Federal expense--
                    (A) upgrade and make permanent Barrier I;
                    (B) construct Barrier II, notwithstanding the 
                project cooperation agreement with the State of 
                Illinois dated June 14, 2005;
                    (C) operate and maintain Barrier I and Barrier II 
                as a system to optimize effectiveness;
                    (D) conduct, in consultation with appropriate 
                Federal, State, local, and nongovernmental entities, a 
                study of a full range of options and technologies for 
                reducing impacts of hazards that may reduce the 
                efficacy of the Barriers; and
                    (E) provide to each State a credit in an amount 
                equal to the amount of funds contributed by the State 
                toward Barrier II.
            (2) Application of credit.--A State may apply a credit 
        received under paragraph (1)(E) to any cost-sharing 
        responsibility for an existing or future Federal project with 
        the Corps of Engineers in the State.
    (c) Feasibility Study.--The Secretary, in consultation with 
appropriate Federal, State, local, and nongovernmental entities, shall 
conduct a feasibility study, at full Federal expense, of the range of 
options and technologies available to prevent the spread of aquatic 
nuisance species between the Great Lakes and Mississippi River Basins 
through the Chicago Sanitary and Ship Canal and other aquatic pathways.
    (d) Conforming Amendment.--Section 345 of the District of Columbia 
Appropriations Act, 2005 (Public Law 108-335; 118 Stat. 1352) is 
amended to read as follows:
    ``Sec. 345. There are authorized to be appropriated such sums as 
are necessary to carry out the Barrier II project of the project for 
the Chicago Sanitary and Ship Canal Dispersal Barrier, Illinois, 
initiated pursuant to section 1135 of the Water Resources Development 
Act of 1986 (33 U.S.C. 2309a).''.
    Sec. 142. None of the funds provided in this or prior Acts may be 
used by the Secretary of the Army for projects and activities 
authorized under 16 U.S.C. 410-r-8 unless they are matched by an equal 
cost share from the Department of the Interior: Provided, That the 
Department of the Interior's share of the cost may not be provided as 
in-kind services or credit for previous work performed: Provided 
further, That the Secretary of the Army may not transfer funds to the 
Secretary of the Interior for projects and activities authorized under 
16 U.S.C. 410-r-8.
    Sec. 143. The Secretary of the Army may, under such terms and 
conditions as the Secretary deems appropriate, contract with any public 
or private entity to provide visitor reservation services. Any such 
contract in effect on or after October 1, 2004, may provide that the 
contractor shall be permitted to deduct a commission to be fixed by the 
Secretary from the amount charged the public for providing such 
services and to remit the net proceeds therefrom to the contracting 
agency.
    Sec. 144. The project for flood control, Redwood River, Marshall, 
Minnesota, authorized by section 401(a) of the Water Resources 
Development Act of 1986 and modified by section 4(k) of the Water 
Resources Development Act of 1988 is further modified to authorize the 
Secretary to construct the project at a total cost of $11,863,000, with 
an estimated first Federal cost of $8,722,000 and an estimated first 
non-Federal cost of $3,141,000.
    Sec. 145. The project for St. John's Bayou and New Madrid Floodway 
in the State of Missouri as authorized by subsection (d) of the matter 
under the heading ``Lower Mississippi River'' under section 203 of the 
Flood Control Act of 1954 (68 Stat. 1258) and section 401(a) of the 
Water Resources Development Act of 1986 (100 Stat. 4118), and as 
modified by section 331 of the Water Resources Development Act of 1996 
(110 Stat. 3658), is economically justified and environmentally 
acceptable and the Secretary shall, subject to the availability of 
funds, construct this project in a manner that is consistent with the 
terms and conditions described in the June 2002 Revised Supplemental 
Impact Statement, as supplemented by the March 2006 Revised 
Supplemental Environmental Impact Statement 2 for this project: 
Provided, That the levee closure and gravity structure at the south end 
of the New Madrid Floodway portion of the Project are part of the 
Mississippi River Levee feature of the Mississippi River and 
Tributaries Project and are not a separable element of that Project.
    Sec. 146. Title II, chapter 3 of Public Law 109-234 under the 
heading ``Construction'' is modified by striking ``construction: 
Provided,'' and inserting in lieu thereof ``: Provided, That the 
Secretary of the Army, in implementing projects and measures in the New 
Orleans metropolitan area required to achieve certification for 
participation in the National Flood Insurance Program as directed in 
Public Law 109-234 shall include all authorized features of the 
Southeast Louisiana Flood Control project and related internal pumping 
requirements as integral elements of the comprehensive protection 
system for the area and shall complete all authorized work for the 
Southeast Louisiana project concurrently and integrally with other area 
projects: Provided further,''.
    Sec. 147. Funds provided in title V, chapter 3 of Public Law 110-28 
under the heading ``Construction'' may be used for restoration of shore 
protection projects in New Jersey damaged by the same meteorological 
events that resulted in Presidential Disaster Declaration FEMA-1694-DR.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                central utah project completion account

    For carrying out activities authorized by the Central Utah Project 
Completion Act, $41,380,000, to remain available until expended, of 
which $976,000 shall be deposited into the Utah Reclamation Mitigation 
and Conservation Account for use by the Utah Reclamation Mitigation and 
Conservation Commission.
    In addition, for necessary expenses incurred in carrying out 
related responsibilities of the Secretary of the Interior, $1,620,000, 
to remain available until expended.
    For fiscal year 2008, the Commission may use an amount not to 
exceed $1,500,000 for administrative expenses.

                         Bureau of Reclamation

    The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation:

                      water and related resources

                     (including transfer of funds)

    For management, development, and restoration of water and related 
natural resources and for related activities, including the operation, 
maintenance, and rehabilitation of reclamation and other facilities, 
participation in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and other agreements 
with, State and local governments, Indian tribes, and others, 
$950,106,000, to remain available until expended, of which $62,865,000 
shall be available for transfer to the Upper Colorado River Basin Fund 
and $27,675,000 shall be available for transfer to the Lower Colorado 
River Basin Development Fund; of which such amounts as may be necessary 
may be advanced to the Colorado River Dam Fund; of which not more than 
$500,000 is for high priority projects which shall be carried out by 
the Youth Conservation Corps, as authorized by 16 U.S.C. 1706: 
Provided, That such transfers may be increased or decreased within the 
overall appropriation under this heading: Provided further, That of the 
total appropriated, the amount for program activities that can be 
financed by the Reclamation Fund or the Bureau of Reclamation special 
fee account established by 16 U.S.C. 460l-6a(i) shall be derived from 
that Fund or account: Provided further, That funds contributed under 43 
U.S.C. 395 are available until expended for the purposes for which 
contributed: Provided further, That funds advanced under 43 U.S.C. 397a 
shall be credited to this account and are available until expended for 
the same purposes as the sums appropriated under this heading: Provided 
further, That funds available for expenditure for the Departmental 
Irrigation Drainage Program may be expended by the Bureau of 
Reclamation for site remediation on a non-reimbursable basis: Provided 
further, That funds provided for the Friant-Kern and Madera Canals 
improvements may be expended on a non-reimbursable basis.

                central valley project restoration fund

    For carrying out the programs, projects, plans, and habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, $51,622,000, to be derived from such 
sums as may be collected in the Central Valley Project Restoration Fund 
pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of 
Public Law 102-575, to remain available until expended: Provided, That 
the Bureau of Reclamation is directed to assess and collect the full 
amount of the additional mitigation and restoration payments authorized 
by section 3407(d) of Public Law 102-575: Provided further, That none 
of the funds made available under this heading may be used for the 
acquisition or leasing of water for in-stream purposes if the water is 
already committed to in-stream purposes by a court adopted decree or 
order.

                    california bay-delta restoration

                     (including transfer of funds)

    For carrying out activities authorized by the Water Supply, 
Reliability, and Environmental Improvement Act, consistent with plans 
to be approved by the Secretary of the Interior, $40,750,000, to remain 
available until expended, of which such amounts as may be necessary to 
carry out such activities may be transferred to appropriate accounts of 
other participating Federal agencies to carry out authorized purposes: 
Provided, That funds appropriated herein may be used for the Federal 
share of the costs of CALFED Program management: Provided further, That 
the use of any funds provided to the California Bay-Delta Authority for 
program-wide management and oversight activities shall be subject to 
the approval of the Secretary of the Interior: Provided further, That 
CALFED implementation shall be carried out in a balanced manner with 
clear performance measures demonstrating concurrent progress in 
achieving the goals and objectives of the Program.

                       policy and administration

    For necessary expenses of policy, administration, and related 
functions in the office of the Commissioner, the Denver office, and 
offices in the five regions of the Bureau of Reclamation, to remain 
available until expended, $58,811,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: 
Provided, That no part of any other appropriation in this Act shall be 
available for activities or functions budgeted as policy and 
administration expenses.

                       administrative provisions

    Appropriations for the Bureau of Reclamation shall be available for 
purchase of not to exceed 14 passenger motor vehicles for replacement 
only.

             General Provisions, Department of the Interior

    Sec. 201. (a) None of the funds appropriated or otherwise made 
available by this Act may be used to determine the final point of 
discharge for the interceptor drain for the San Luis Unit until 
development by the Secretary of the Interior and the State of 
California of a plan, which shall conform to the water quality 
standards of the State of California as approved by the Administrator 
of the Environmental Protection Agency, to minimize any detrimental 
effect of the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program and the 
costs of the San Joaquin Valley Drainage Program shall be classified by 
the Secretary of the Interior as reimbursable or nonreimbursable and 
collected until fully repaid pursuant to the ``Cleanup Program-
Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment 
Plan'' described in the report entitled ``Repayment Report, Kesterson 
Reservoir Cleanup Program and San Joaquin Valley Drainage Program, 
February 1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United States 
relating to, or providing for, drainage service or drainage studies for 
the San Luis Unit shall be fully reimbursable by San Luis Unit 
beneficiaries of such service or studies pursuant to Federal 
reclamation law.
     Sec. 202. None of the funds appropriated or otherwise made 
available by this or any other Act may be used to pay the salaries and 
expenses of personnel to purchase or lease water in the Middle Rio 
Grande or the Carlsbad Projects in New Mexico unless said purchase or 
lease is in compliance with the purchase requirements of section 202 of 
Public Law 106-60.
     Sec. 203. Funds under this title for Drought Emergency Assistance 
shall be made available primarily for leasing of water for specified 
drought related purposes from willing lessors, in compliance with 
existing State laws and administered under State water priority 
allocation. Such leases may be entered into with an option to purchase: 
Provided, That such purchase is approved by the State in which the 
purchase takes place and the purchase does not cause economic harm 
within the State in which the purchase is made.
     Sec. 204. The Secretary of the Interior, acting through the 
Commissioner of the Bureau of Reclamation, is authorized to enter into 
grants, cooperative agreements, and other agreements with irrigation or 
water districts and States to fund up to 50 percent of the cost of 
planning, designing, and constructing improvements that will conserve 
water, increase water use efficiency, or enhance water management 
through measurement or automation, at existing water supply projects 
within the States identified in the Act of June 17, 1902, as amended, 
and supplemented: Provided, That when such improvements are to 
federally owned facilities, such funds may be provided in advance on a 
non-reimbursable basis to an entity operating affected transferred 
works or may be deemed non-reimbursable for non-transferred works: 
Provided further, That the calculation of the non-Federal contribution 
shall provide for consideration of the value of any in-kind 
contributions, but shall not include funds received from other Federal 
agencies: Provided further, That the cost of operating and maintaining 
such improvements shall be the responsibility of the non-Federal 
entity: Provided further, That this section shall not supercede any 
existing project-specific funding authority: Provided further, That the 
Secretary is also authorized to enter into grants or cooperative 
agreements with universities or non-profit research institutions to 
fund water use efficiency research.
    Sec. 205. (a) Section 209 of the Energy and Water Development 
Appropriations Act, 2004 (Public Law 108-137; 117 Stat. 1850) is 
repealed.
    (b) The Secretary of the Interior (referred to in this section as 
the ``Secretary'') shall establish an Executive Committee of the Middle 
Rio Grande Endangered Species Collaborative Program (referred to in 
this section as the ``Executive Committee'') consistent with the bylaws 
of the Middle Rio Grande Endangered Species Collaborative Program 
adopted on October 2, 2006.
    (c) In compliance with applicable Federal and State laws, the 
Secretary (acting through the Commissioner of Reclamation), in 
collaboration with the Executive Committee, may enter into any grants, 
contracts, cooperative agreements, interagency agreements, or other 
agreements that the Secretary determines to be necessary to comply with 
the 2003 Biological Opinion described in section 205(b) of the Energy 
and Water Development Appropriations Act, 2005 (Public Law 108-447; 118 
Stat. 2949) as amended by section 121(b) of the Energy and Water 
Development Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 
2256) or in furtherance of the objectives set forth in the 
collaborative program long-term plan.
    (d)(1) The acquisition of water under subsection (c) and any 
administrative costs associated with carrying out subsection (c) shall 
be at full Federal expense.
    (2) Not more than 15 percent of amounts appropriated to carry out 
subsection (c) shall be made available for the payment of 
administrative expenses associated with carrying out that subsection.
    (e)(1) The non-Federal share of activities carried out under 
subsection (c) (other than an activity or a cost described in 
subsection (d)(1)) shall be 25 percent. The non-Federal cost share 
shall be determined on a programmatic, rather than a project-by-project 
basis.
    (2) The non-Federal share required under paragraph (1) may be in 
the form of in-kind contributions, the value of which shall be 
determined by the Secretary in consultation with the executive 
committee.
    (f) Nothing in this section modifies or expands the discretion of 
the Secretary with respect to operating reservoir facilities under the 
jurisdiction of the Secretary in the Rio Grande Valley, New Mexico.
    Sec. 206. In furtherance of section 529 of Public Law 106-541, the 
Secretary of the Interior shall continue to participate in 
implementation of the Project at Las Vegas Wash and Lake Mead in 
accordance with the Plan, and may provide grants to the Southern Nevada 
Water Authority to carry out the implementation of the Project at Las 
Vegas Wash and Lake Mead in accordance with the Plan: Provided, That 
issuance of any such grants shall not modify the cost sharing 
requirements provided in section 529(b) of Public Law 106-541.
    Sec. 207. Restoration of Fish, Wildlife, and Associated Habitats in 
Watersheds of Certain Lakes. In carrying out section 2507 of Public Law 
107-171, the Secretary of the Interior, acting through the Commissioner 
of Reclamation, shall use $7,000,000 to provide grants, to be divided 
equally, to the State of Nevada, the State of California, the Federal 
Watermaster, the Truckee Meadows Water Authority, and the Pyramid Lake 
Paiute Tribe, to implement the Truckee River Settlement Act, Public Law 
101-618.
    Sec. 208. Using amounts made available under section 2507 of the 
Farm and Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 
107-171), the Secretary shall provide--
            (1) acting through the Commissioner of Reclamation,
                    (A) $3,000,000 for implementation of the Carson 
                Lake and Pasture Transfer Act, Public Law 101-618, 
                title II, section 206;
                    (B) $10,000,000 for the removal of the Numana Dam 
                and other obsolete irrigation structures located on the 
                Pyramid Lake Paiute Reservation;
                    (C) $5,000,000 to be used, in consultation with the 
                Army Corps of Engineers where applicable, to study and 
                prepare plans for the development and construction of a 
                pipeline to convey water from the Dixie Valley to 
                Churchill County, Nevada;
                    (D) $10,000,000 for improvements to the Derby Dam 
                Fish Screen and Ladder to allow passage of the 
                endangered cui-ui fish; and
                    (E) $6,000,000 for the acquisition of two small 
                hydro-electric powerplants from the Sierra Pacific 
                Power Company to improve water allocations to the 
                Truckee River and improve fish passage.
            (2) $10,000,000 to the Truckee Meadows Water Authority and 
        a nonprofit conservation organization for the acquisition and 
        protection of Independence Lake;
            (3) $6,000,000 to be transferred to the Army Corps of 
        Engineers for the Assistant Secretary of the Army, acting 
        through the Chief of Engineers to construct Lower Truckee 
        Restoration Projects identified by the cities of Reno and 
        Sparks, Nevada, and Washoe County, Nevada;
            (4) $2,000,000 to the Summit Lake Tribe to plan and 
        complete restoration efforts at the Summit Lake desert terminus 
        lake in Northern Washoe County, Nevada;
            (5) $4,000,000 to the Newlands Project Water Rights Fund 
        for a Federal, State, Pyramid Lake Paiute Tribe program for the 
        retirement of water rights pursuant to title II of Public Law 
        101-618, the Truckee-Carson-Pyramid Lake Water Rights 
        Settlement Act;
            (6) $3,000,000 to be transferred to the Department of the 
        Interior, Fish and Wildlife Service, to analyze in cooperation 
        and consultation with external experts, the impacts of low 
        water flows on reproduction at the Walker Lake fishery, 
        including means to prevent permanent effects on the fishery 
        from low water flows;
            (7) $5,000,000 for the State of Nevada to prepare watershed 
        inventories, with a particular focus on the Walker and Carson 
        Basins;
            (8) $5,000,000 for joint planning and development 
        activities for wastewater and sewer facilities by the city of 
        Fernley and the Pyramid Lake Paiute Tribe; and
            (9) $500,000 for the Walker River Paiute Tribe for legal 
        and professional services in support of settling tribal water 
        claims in the Walker River Basin and to Walker Lake.
    Sec. 209. Section 10(a) of the Mni Wiconi Project Act of 1988 
(Public Law 100-516; 102 Stat. 2571; 116 Stat. 3033) is amended in the 
second sentence by striking ``2008'' and inserting ``2013''.
    Sec. 210. Tularosa Basin National Desalination Research Facility. 
Section 210 of Public Law 108-137 (117 Stat. 1850 ) is amended--
            (1) by striking in subsection (a), ``testing and 
        operation'' and replacing it with ``and testing''; and
            (2) inserting after subsection (b) the following:
    ``(c) The Secretary shall enter into an agreement with New Mexico 
State University for the operations, maintenance, and the 
administration of research activities undertaken at the Tularosa Basin 
National Desalination Research Facility. Operation and maintenance 
shall occur at full Federal cost and title to the facility shall remain 
in the United States.''.
    Sec. 211. Prior to the unilateral termination or removal of cabin 
or trailer sites on Bureau of Reclamation lands in North Dakota for the 
purpose of changing land use, the Secretary of the Interior is directed 
to submit a report describing the action the Committee on Energy and 
Natural Resources, United States Senate and the Committee on Resources, 
United States House of Representatives: Provided, That the Secretary 
shall not move forward with the proposed action until 60 days after the 
report is submitted to the Committee Chairmen.
    Sec. 212. Section 3507(b) of Public Law 102-575 (106 Stat. 4600) is 
amended by striking ``$4,660,000'' and inserting ``$12,660,000''.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for energy efficiency and renewable energy 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $1,715,551,000, to 
remain available until expended: Provided, That the Secretary is 
directed to make fiscal year 2008 weatherization funding available from 
October 1, 2007, through March 31, 2009, for States that submit plans 
requesting allocations for all or part of this period.

              Electricity Delivery and Energy Reliability

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for electricity delivery and energy reliability 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $168,437,000, to 
remain available until expended.

                             Nuclear Energy

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for nuclear energy activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 
et seq.), including the acquisition or condemnation of any real 
property or any facility or for plant or facility acquisition, 
construction, or expansion, $720,558,000, to remain available until 
expended.

                           Legacy Management

    For Department of Energy expenses for Legacy Management activities, 
$35,104,000, to remain available until expended.

                         Clean Coal Technology

                 (deferral and rescission and transfer)

    Of the funds made available under this heading for obligation in 
prior years, $149,000,000 shall not be available until October 1, 2008: 
Provided, That funds made available in previous appropriations Acts 
shall be made available for any ongoing project regardless of the 
separate request for proposal under which the project was selected: 
Provided further, That $166,000,000 of uncommitted balances are 
transferred to Fossil Energy Research and Development to be used until 
expended.

                 Fossil Energy Research and Development

    For necessary expenses in carrying out fossil energy research and 
development activities, under the authority of the Department of Energy 
Organization Act (Public Law 95-91), including the acquisition of 
interest, including defeasible and equitable interests in any real 
property or any facility or for plant or facility acquisition or 
expansion, and for conducting inquiries, technological investigations 
and research concerning the extraction, processing, use, and disposal 
of mineral substances without objectionable social and environmental 
costs (30 U.S.C. 3, 1602, and 1603), $808,113,000, to remain available 
until expended, of which $166,000,000 shall be derived by transfer from 
``Clean Coal Technology'': Provided, That of the amounts provided, 
$88,000,000, of which $73,000,000 shall be derived by transfer from 
``Clean Coal Technology'', and is available, after coordination with 
the private sector, for a financial assistance solicitation for the 
Clean Coal Power Initiative in accordance with section 402 of Public 
Law 109-58: Provided further, That funds appropriated for prior 
solicitations under the Clean Coal Technology Program, Power Plant 
Improvement Initiative, and Clean Coal Power Initiative, but not 
required by the Department to meet its obligations on projects selected 
under such solicitations, may be utilized for the solicitation under 
this Act in accordance with the requirements of this Act rather than 
the Acts under which the funds were appropriated: Provided further, 
That no project may be selected for which full funding is not available 
to provide for the total project: Provided further, That financial 
assistance for costs in excess of those estimated as of the date of 
award of original Clean Coal Power Initiative financial assistance may 
not be provided in excess of the proportion of costs borne by the 
Government in the original agreement and shall be limited to 25 percent 
of the original financial assistance: Provided further, That at least 
50 percent cost-sharing shall be required in each budget period of a 
project: Provided further, That in accordance with section 988(e) of 
Public Law 109-58, repayment of the DOE contribution to a project shall 
not be a condition of making an award under this solicitation: Provided 
further, That the Secretary may reduce the amount of required cost 
sharing in accordance with section 988(c)(2) of Public Law 109-58: 
Provided further, That no part of the sum herein made available shall 
be used for the field testing of nuclear explosives in the recovery of 
oil and gas: Provided further, That, in this Act and future Acts, up to 
4 percent of program direction funds available to the National Energy 
Technology Laboratory may be used to support Department of Energy 
activities not included in this account in this Fossil Energy account: 
Provided further, That, in this Act and future Acts, the salaries for 
Federal employees performing research and development activities at the 
National Energy Technology Laboratory can continue to be funded from 
any appropriate DOE program accounts: Provided further, That revenues 
and other moneys received by or for the account of the Department of 
Energy or otherwise generated by sale of products in connection with 
projects of the Department appropriated under the Fossil Energy 
Research and Development account may be retained by the Secretary of 
Energy, to be available until expended, and used only for plant 
construction, operation, costs, and payments to cost-sharing entities 
as provided in appropriate cost-sharing contracts or agreements.

                 Naval Petroleum and Oil Shale Reserves

    For expenses necessary to carry out naval petroleum and oil shale 
reserve activities, including the hire of passenger motor vehicles, 
$21,301,000, to remain available until expended: Provided, That, 
notwithstanding any other provision of law, unobligated funds remaining 
from prior years shall be available for all naval petroleum and oil 
shale reserve activities.

                      Strategic Petroleum Reserve

    For necessary expenses for Strategic Petroleum Reserve facility 
development and operations and program management activities pursuant 
to the Energy Policy and Conservation Act of 1975, as amended (42 
U.S.C. 6201 et seq.), including the hire of passenger motor vehicles, 
the hire, maintenance, and operation of aircraft, the purchase, repair, 
and cleaning of uniforms, the reimbursement to the General Services 
Administration for security guard services, $163,472,000, to remain 
available until expended.

                   Northeast Home Heating Oil Reserve

    For necessary expenses for Northeast Home Heating Oil Reserve 
storage, operation, and management activities pursuant to the Energy 
Policy and Conservation Act, $12,825,000, to remain available until 
expended.

                   Energy Information Administration

    For necessary expenses in carrying out the activities of the Energy 
Information Administration, $105,095,000, to remain available until 
expended.

                   Non-Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental cleanup activities in 
carrying out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of 
any real property or any facility or for plant or facility acquisition, 
construction, or expansion, and the purchase of not to exceed three 
passenger motor vehicles for replacement only, $195,437,000, to remain 
available until expended: Provided, That $13,000,000 is appropriated 
for environmental remediation activities associated with the Energy 
Technology and Engineering Center (ETEC) at the Santa Susana Field 
Laboratory (SSFL), subject to the following: (1) the Department (DOE) 
shall use a portion of this funding to enter into an interagency 
agreement with the Environmental Protection Agency to conduct a joint 
comprehensive radioactive site characterization of Area IV of the SSFL; 
(2) the Department shall ensure that all aspects of the cleanup of 
radioactive contamination at Area IV of the SSFL comply fully with the 
Comprehensive Environmental Response, Compensation and Liability Act, 
if applicable; and (3) the Department shall retain Federal control of 
ETEC and it shall not be released for other use until such time as the 
Department has complied with actions directed in subsections (1) and 
(2).

      Uranium Enrichment Decontamination and Decommissioning Fund

    For necessary expenses in carrying out uranium enrichment facility 
decontamination and decommissioning, remedial actions, and other 
activities of title II of the Atomic Energy Act of 1954, as amended, 
and title X, subtitle A, of the Energy Policy Act of 1992, 
$573,509,000, to be derived from the Fund, to remain available until 
expended, of which $0 shall be available in accordance with title X, 
subtitle A, of the Energy Policy Act of 1992.

                                Science

    For Department of Energy expenses including the purchase, 
construction and acquisition of plant and capital equipment, and other 
expenses necessary for science activities in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not to exceed twenty-five passenger motor 
vehicles for replacement only, $4,496,759,000, to remain available 
until expended: Provided, That of the funds appropriated herein, 
$45,000,000 shall be for the Physical Sciences Facility, Project 07-SC-
05, and other associated construction at the Pacific Northwest National 
Laboratory, and funds heretofore appropriated and held in reserve shall 
be obligated for expenditure immediately upon enactment of this Act.

                         Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
the Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended 
(the ``Act''), including the acquisition of real property or facility 
construction or expansion, $204,054,000, to remain available until 
expended, and to be derived from the Nuclear Waste Fund: Provided, That 
of the funds made available in this Act for Nuclear Waste Disposal, 
$5,000,000 shall be provided to the State of Nevada solely for 
expenditures, other than salaries and expenses of State employees, to 
conduct scientific oversight responsibilities and participate in 
licensing activities pursuant to the Act: Provided further, That 
notwithstanding the lack of a written agreement with the State of 
Nevada under section 117(c) of the Nuclear Waste Policy Act of 1982, 
Public Law 97-425, as amended, not less than $1,200,000 shall be 
provided to Nye County, Nevada, for on-site oversight activities under 
section 117(d) of that Act: Provided further, That $9,000,000 shall be 
provided to affected units of local government, as defined in the Act, 
to conduct appropriate activities and participate in licensing 
activities: Provided further, That of the $9,000,000 provided, 7.5 
percent of the funds provided shall be made available to affected units 
of local government in California with the balance made available to 
affected units of local government in Nevada for distribution as 
determined by the Nevada units of local government. This funding shall 
be provided to affected units of local government, as defined in the 
Act, to conduct appropriate activities and participate in licensing 
activities. The Committee requires the entities to certify that within 
90 days of the completion of each Federal fiscal year, the Nevada 
Division of Emergency Management and the Governor of the State of 
Nevada and each of the affected units of local government shall provide 
certification to the Department of Energy that all funds expended from 
such payments have been expended for the activities authorized by the 
Act and this Act: Provided, That notwithstanding the provisions of 
chapters 65 and 75 of title 31, United States Code, the Department 
shall have no monitoring, auditing or other oversight rights or 
responsibilities over amounts provided to affected units of local 
government in this or any previous year: Provided further, That the 
funds for the State of Nevada shall be made available solely to the 
Nevada Division of Emergency Management by direct payment and to units 
of local government by direct payment: Provided further, That within 90 
days of the completion of each Federal fiscal year, the Nevada Division 
of Emergency Management and the Governor of the State of Nevada and 
each of the affected units of local government shall provide 
certification to the Department of Energy that all funds expended from 
such payments have been expended for activities authorized by the Act 
and this Act: Provided further, That failure to provide such 
certification shall cause such entity to be prohibited from any further 
funding provided for similar activities: Provided further, That none of 
the funds herein appropriated may be: (1) used directly or indirectly 
to influence legislative action, except for normal and recognized 
executive-legislative communications, on any matter pending before 
Congress or a State legislature or for lobbying activity as provided in 
18 U.S.C. 1913; (2) used for litigation expenses; or (3) used to 
support multi-State efforts or other coalition building activities 
inconsistent with the restrictions contained in this Act: Provided 
further, That all proceeds and recoveries realized by the Secretary in 
carrying out activities authorized by the Act, including but not 
limited to, any proceeds from the sale of assets, shall be available 
without further appropriation and shall remain available until 
expended: Provided further, That no funds provided in this Act or any 
previous Act may be used to pursue repayment or collection of funds 
provided in any fiscal year to affected units of local government for 
oversight activities that had been previously approved by the 
Department of Energy, or to withhold payment of any such funds.

              Innovative Technology Loan Guarantee Program

    For fiscal year 2008, for the cost of the guaranteed loans as 
authorized by section 1702(b)(2) of the Energy Policy Act of 2005, such 
sums as are hereafter derived from amounts received from borrowers 
pursuant to section 1702(b)(2) of that Act, to remain available until 
expended: Provided, That the source of such payment received from 
borrowers is not a loan other debt obligation that is guaranteed by the 
Federal Government. In addition, for necessary administrative expenses 
to carry out this Loan Guarantee Program, $8,390,000, to remain 
available until expended: Provided, That fees collected pursuant to 
section 1702(h) shall be credited as offsetting collections to this 
account: Provided further, That any such fees collected shall not be 
available until appropriated.

                      Departmental Administration

                     (including transfer of funds)

    For salaries and expenses of the Department of Energy necessary for 
departmental administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the hire of passenger motor vehicles and official reception 
and representation expenses not to exceed $35,000, $308,596,000, to 
remain available until expended, plus such additional amounts as 
necessary to cover increases in the estimated amount of cost of work 
for others notwithstanding the provisions of the Anti-Deficiency Act 
(31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work 
are offset by revenue increases of the same or greater amount, to 
remain available until expended: Provided further, That moneys received 
by the Department for miscellaneous revenues estimated to total 
$161,818,000 in fiscal year 2008 may be retained and used for operating 
expenses within this account, and may remain available until expended, 
as authorized by section 201 of Public Law 95-238, notwithstanding the 
provisions of 31 U.S.C. 3302: Provided further, That the sum herein 
appropriated shall be reduced by the amount of miscellaneous revenues 
received during 2008, and any related appropriated receipt account 
balances remaining from prior years' miscellaneous revenues, so as to 
result in a final fiscal year 2008 appropriation from the general fund 
estimated at not more than $146,778,000.

                    Office of the Inspector General

    For necessary expenses of the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $47,732,000, to remain available until expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           Weapons Activities

                     (including transfer of funds)

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion; and the purchase of 
not to exceed 14 passenger motor vehicles, for replacement only, 
including not to exceed two buses; $6,489,024,000, to remain available 
until expended: Provided, That $95,586,000 is provided for the 04-D-125 
Chemistry and Metallurgy facility replacement project: Provided 
further, That $45,000,000 is provided for 08-D-805 Classified Vaults, 
Los Alamos National Laboratory to initiate construction.

                    Defense Nuclear Nonproliferation

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense, defense 
nuclear nonproliferation activities, in carrying out the purposes of 
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, $1,872,646,000, to remain available until expended.

                             Naval Reactors

    For Department of Energy expenses necessary for naval reactors 
activities to carry out the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition (by purchase, 
condemnation, construction, or otherwise) of real property, plant, and 
capital equipment, facilities, and facility expansion, $808,219,000, to 
remain available until expended.

                      Office of the Administrator

    For necessary expenses of the Office of the Administrator in the 
National Nuclear Security Administration, including official reception 
and representation expenses not to exceed $12,000, $394,656,000, to 
remain available until expended.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental cleanup 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $5,690,380,000, to 
remain available until expended, of which $463,000,000 shall be 
transferred to the ``Uranium Enrichment Decontamination and 
Decommissioning Fund''.

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses, necessary for atomic energy defense, other defense 
activities, and classified activities, in carrying out the purposes of 
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, and the purchase of not to exceed ten passenger motor 
vehicles for replacement only, $765,464,000, to remain available until 
expended.

                     Defense Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $242,046,000, to remain 
available until expended.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for the Lower 
Granite Dam fish trap, the Kootenai River White Sturgeon Hatchery, the 
Nez Perce Tribal Hatchery, Redfish Lake Sockeye Captive Brood 
expansion, hatchery production facilities to supplement Chinook salmon 
below Chief Joseph Dam in Washington, Hood River Production Facility, 
Klickitat production expansion, Mid Columbia Coho restoration, and 
Yakama Coho restoration, and in addition, for official reception and 
representation expenses in an amount not to exceed $1,500. During 
fiscal year 2008, no new direct loan obligations may be made.

      Operation and Maintenance, Southeastern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, 
including transmission wheeling and ancillary services pursuant to 
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied 
to the southeastern power area, $6,463,000, to remain available until 
expended: Provided, That, notwithstanding the provisions of 31 U.S.C. 
3302, beginning in fiscal year 2008 and thereafter, such funds as are 
received by the Southeastern Power Administration from any State, 
municipality, corporation, association, firm, district, or individual 
as advance payment for work that is associated with Southeastern's 
Operations and Maintenance, consistent with that authorized in section 
5 of the Flood Control Act of 1944, shall be credited to this account 
and be available until expended: Provided further, That, 
notwithstanding 31 U.S.C. 3302, up to $48,413,000 collected by the 
Southeastern Power Administration pursuant to the Flood Control Act of 
1944 to recover purchase power and wheeling expenses shall be credited 
to this account as offsetting collections, to remain available until 
expended for the sole purpose of making purchase power and wheeling 
expenditures.

      Operation and Maintenance, Southwestern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, for 
construction and acquisition of transmission lines, substations and 
appurtenant facilities, and for administrative expenses, including 
official reception and representation expenses in an amount not to 
exceed $1,500 in carrying out section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), as applied to the southwestern power 
administration, $30,442,000, to remain available until expended: 
Provided, That, notwithstanding 31 U.S.C. 3302, up to $35,000,000 
collected by the Southwestern Power Administration pursuant to the 
Flood Control Act to recover purchase power and wheeling expenses shall 
be credited to this account as offsetting collections, to remain 
available until expended for the sole purpose of making purchase power 
and wheeling expenditures.

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other 
related activities including conservation and renewable resources 
programs as authorized, including official reception and representation 
expenses in an amount not to exceed $1,500; $231,030,000, to remain 
available until expended, of which $221,094,000 shall be derived from 
the Department of the Interior Reclamation Fund: Provided, That of the 
amount herein appropriated, $7,167,000 is for deposit into the Utah 
Reclamation Mitigation and Conservation Account pursuant to title IV of 
the Reclamation Projects Authorization and Adjustment Act of 1992: 
Provided further, That notwithstanding the provision of 31 U.S.C. 3302, 
up to $308,702,000 collected by the Western Area Power Administration 
pursuant to the Flood Control Act of 1944 and the Reclamation Project 
Act of 1939 to recover purchase power and wheeling expenses shall be 
credited to this account as offsetting collections, to remain available 
until expended for the sole purpose of making purchase power and 
wheeling expenditures.

           Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $2,500,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 423 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995.

                  Federal Energy Regulatory Commission

                         salaries and expenses

    For necessary expenses of the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 
U.S.C. 3109, the hire of passenger motor vehicles, and official 
reception and representation expenses not to exceed $3,000, 
$255,425,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, not to exceed $255,425,000 
of revenues from fees and annual charges, and other services and 
collections in fiscal year 2008 shall be retained and used for 
necessary expenses in this account, and shall remain available until 
expended: Provided further, That the sum herein appropriated from the 
general fund shall be reduced as revenues are received during fiscal 
year 2008 so as to result in a final fiscal year 2008 appropriation 
from the general fund estimated at not more than $0.

                GENERAL PROVISIONS, DEPARTMENT OF ENERGY

    Sec. 301. Contract Competition. (a)(1) None of the funds in this or 
any other appropriations Act for fiscal year 2008 or any previous 
fiscal year may be used to make payments for a noncompetitive 
management and operating contract unless the Secretary of Energy has 
published in the Federal Register and submitted to the Committees on 
Appropriations of the House of Representatives and the Senate a written 
notification, with respect to each such contract, of the Secretary's 
decision to use competitive procedures for the award of the contract, 
or to not renew the contract, when the term of the contract expires.
    (2) Paragraph (1) does not apply to an extension for up to 2 years 
of a noncompetitive management and operating contract, if the extension 
is for purposes of allowing time to award competitively a new contract, 
to provide continuity of service between contracts, or to complete a 
contract that will not be renewed.
    (b) In this section:
            (1) The term ``noncompetitive management and operating 
        contract'' means a contract that was awarded more than 50 years 
        ago without competition for the management and operation of 
        Ames Laboratory, Argonne National Laboratory, Lawrence Berkeley 
        National Laboratory, Lawrence Livermore National Laboratory, 
        and Los Alamos National Laboratory.
            (2) The term ``competitive procedures'' has the meaning 
        provided in section 4 of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 403) and includes procedures described in 
        section 303 of the Federal Property and Administrative Services 
        Act of 1949 (41 U.S.C. 253) other than a procedure that 
        solicits a proposal from only one source.
    (c) For all management and operating contracts other than those 
listed in subsection (b)(1), none of the funds appropriated by this Act 
may be used to award a management and operating contract, or award a 
significant extension or expansion to an existing management and 
operating contract, unless such contract is awarded using competitive 
procedures or the Secretary of Energy grants, on a case-by-case basis, 
a waiver to allow for such a deviation. The Secretary may not delegate 
the authority to grant such a waiver. At least 60 days before a 
contract award for which the Secretary intends to grant such a waiver, 
the Secretary shall submit to the Committees on Appropriations of the 
House of Representatives and the Senate a report notifying the 
Committees of the waiver and setting forth, in specificity, the 
substantive reasons why the Secretary believes the requirement for 
competition should be waived for this particular award.
    Sec. 302. Workforce Restructuring. None of the funds appropriated 
by this Act may be used to--
            (1) develop or implement a workforce restructuring plan 
        that covers employees of the Department of Energy; or
            (2) provide enhanced severance payments or other benefits 
        for employees of the Department of Energy, under section 3161 
        of the National Defense Authorization Act for Fiscal Year 1993 
        (Public Law 102-484; 42 U.S.C. 7274h).
    Sec. 303. Section 3161 Assistance. None of the funds appropriated 
by this Act may be used to augment the funds made available for 
obligation by this Act for severance payments and other benefits and 
community assistance grants under section 3161 of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 42 U.S.C. 
7274h) unless the Department of Energy submits a reprogramming request 
to the appropriate congressional committees.
    Sec. 304. Unfunded Requests for Proposals. None of the funds 
appropriated by this Act may be used to prepare or initiate Requests 
For Proposals (RFPs) for a program if the program has not been funded 
by Congress.
    Sec. 305. Unexpend Balances. The unexpended balances of prior 
appropriations provided for activities in this Act may be available to 
the same appropriation accounts for such activities established 
pursuant to this title. Available balances may be merged with funds in 
the applicable established accounts and thereafter may be accounted for 
as one fund for the same time period as originally enacted.
    Sec. 306. Bonneville Power Authority Service Territory. None of the 
funds in this or any other Act for the Administrator of the Bonneville 
Power Administration may be used to enter into any agreement to perform 
energy efficiency services outside the legally defined Bonneville 
service territory, with the exception of services provided 
internationally, including services provided on a reimbursable basis, 
unless the Administrator certifies in advance that such services are 
not available from private sector businesses.
    Sec. 307. User Facilities. When the Department of Energy makes a 
user facility available to universities or other potential users, or 
seeks input from universities or other potential users regarding 
significant characteristics or equipment in a user facility or a 
proposed user facility, the Department shall ensure broad public notice 
of such availability or such need for input to universities and other 
potential users. When the Department of Energy considers the 
participation of a university or other potential user as a formal 
partner in the establishment or operation of a user facility, the 
Department shall employ full and open competition in selecting such a 
partner. For purposes of this section, the term ``user facility'' 
includes, but is not limited to: (1) a user facility as described in 
section 2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 
13503(a)(2)); (2) a National Nuclear Security Administration Defense 
Programs Technology Deployment Center/User Facility; and (3) any other 
Departmental facility designated by the Department as a user facility.
    Sec. 308. Intelligence Activities. Funds appropriated by this or 
any other Act, or made available by the transfer of funds in this Act, 
for intelligence activities are deemed to be specifically authorized by 
the Congress for purposes of section 504 of the National Security Act 
of 1947 (50 U.S.C. 414) during fiscal year 2008 until the enactment of 
the Intelligence Authorization Act for fiscal year 2008.
    Sec. 309. Laboratory Directed Research and Development. Of the 
funds made available by the Department of Energy for activities at 
government-owned, contractor-operator operated laboratories funded in 
this Act or subsequent Energy and Water Development Appropriations 
Acts, the Secretary may authorize a specific amount, not to exceed 8 
percent of such funds, to be used by such laboratories for laboratory-
directed research and development: Provided, That the Secretary may 
also authorize a specific amount not to exceed 4 percent of such funds, 
to be used by the plant manager of a covered nuclear weapons production 
plant or the manager of the Nevada Site Office for plant or site-
directed research and development: Provided further, That 
notwithstanding Department of Energy order 413.2A, dated January 8, 
2001, beginning in fiscal year 2006 and thereafter, all DOE 
laboratories may be eligible for laboratory directed research and 
development funding.
    Sec. 310. For fiscal year 2008, except as otherwise provided by law 
in effect as of the date of this Act or unless a rate is specifically 
set by an Act of Congress thereafter, the Administrators of the 
Southeastern Power Administration, the Southwestern Power 
Administration, and the Western Area Power Administration, shall use 
the ``yield'' rate in computing interest during construction and 
interest on the unpaid balance of the costs of Federal power 
facilities. The yield rate shall be defined as the average yield during 
the preceding fiscal year on interest-bearing marketable securities of 
the United States which, at the time the computation is made, have 
terms of 15 years or more remaining to maturity.
    Sec. 311. The Use Permit granted to the contractor for activities 
conducted at the Pacific Northwest National Laboratory by Agreement DE-
GM05-00RL01831 between the Department of Energy and the contractor 
shall continue in effect during the term of the existing Operating 
Contract and the extensions or renewals thereof and shall be 
incorporated into any future management and operating contract for the 
Pacific Northwest National Laboratory and such Use Permit may not be 
waived, modified or terminated unless agreed to by both contractor and 
the Department of Energy.
    Sec. 312. None of the funds made available under this or any other 
Act shall be used during fiscal year 2008 to make, or plan or prepare 
to make, any payment on bonds issued by the Administrator of the 
Bonneville Power Administration (referred in this section as the 
``Administrator'') or for an appropriated Federal Columbia River Power 
System investment, if the payment is both--
            (1) greater, during any fiscal year, than the payments 
        calculated in the rate hearing of the Administrator to be made 
        during that fiscal year using the repayment method used to 
        establish the rates of the Administrator as in effect on 
        October 1, 2006; and
            (2) based or conditioned on the actual or expected net 
        secondary power sales receipts of the Administrator.
    Sec. 313. Expansion of Strategic Petroleum Reserve. (a) In 
General.--Section 999H(a) of the Energy Policy Act of 2005 (42 U.S.C. 
16378(a)) is amended--
            (1) in the first sentence, by striking ``For each of fiscal 
        years'' and inserting the following: ``(1) In general.--Except 
        as provided in paragraph (2), for each of fiscal years'';
            (2) in the second sentence, by striking ``For purposes of 
        this'' and inserting the following: ``(3) Definition of 
        royalties.--In this''; and
            (3) by inserting after paragraph (1) (as designated by 
        paragraph (1)) the following:
            ``(2) Strategic petroleum reserve.--For fiscal year 2008 
        the Secretary of Energy shall direct not more than $25,000,000 
        from Federal royalties, rents, and bonuses described in 
        paragraph (1) shall be used to carry out land acquisition 
        activities for the Strategic Petroleum Reserve required under 
        section 301(e)(1).''.
    (b) Louisiana, Texas, and Mississippi.--The Secretary of Energy 
shall use not more than $25,000,000 from the accounts made available 
under section 1001(e) of the Energy Policy Act of 2005 (42 U.S.C. 
16391(e)) for fiscal year 2008 to support the land acquisition of the 
Strategic Petroleum Reserve at Bayou Choctaw, Louisiana; Big Hill, 
Texas; and Richton, Mississippi; to meet the 1,000,000,000 barrel 
capacity required under section 301(e)(1) of that Act (42 U.S.C. 6240 
note; Public Law 109-58).
    (c) The Secretary of Energy is not authorized to begin contracting 
for filling the new capacity of the Strategic Petroleum Reserve, either 
through means of purchase or royalty-in-kind, until such time as the 
Secretary certifies construction is complete.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized by the 
Appalachian Regional Development Act of 1965, as amended, not 
withstanding 40 U.S.C. 14704, and, for necessary expenses for the 
Federal Co-Chairman and the alternate on the Appalachian Regional 
Commission, for payment of the Federal share of the administrative 
expenses of the Commission, including services as authorized by 5 
U.S.C. 3109, and hire of passenger motor vehicles, $75,000,000, to 
remain available until expended: Provided, That any congressionally 
directed spending shall be taken from within that State's allocation in 
the fiscal year in which it is provided.

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

    For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, as amended by Public Law 100-456, section 1441, $22,499,000, to 
remain available until expended.

                        Delta Regional Authority

                         salaries and expenses

    For necessary expenses of the Delta Regional Authority and to carry 
out its activities, as authorized by the Delta Regional Authority Act 
of 2000, as amended, notwithstanding sections 382C(b)(2), 382F(d), and 
382M(b) of said Act, $12,000,000, to remain available until expended.

                           Denali Commission

    For expenses of the Denali Commission including the purchase, 
construction and acquisition of plant and capital equipment as 
necessary and other expenses, $31,800,000, to remain available until 
expended, nothwithstanding the limitations contained in section 306(g) 
of the Denali Commission Act of 1998.

                     Nuclear Regulatory Commission

                         salaries and expenses

    For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974, as amended, and the 
Atomic Energy Act of 1954, as amended, including official 
representation expenses not to exceed $19,000, $910,559,000, to remain 
available until expended: Provided, That of the amount appropriated 
herein, $37,250,000 shall be derived from the Nuclear Waste Fund: 
Provided further, That revenues from licensing fees, inspection 
services, and other services and collections estimated at $757,720,000 
in fiscal year 2008 shall be retained and used for necessary salaries 
and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall 
remain available until expended: Provided further, That the sum herein 
appropriated shall be reduced by the amount of revenues received during 
fiscal year 2008 so as to result in a final fiscal year 2008 
appropriation estimated at not more than $152,839,000.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $8,744,000, to remain available until expended: Provided, That 
revenues from licensing fees, inspection services, and other services 
and collections estimated at $7,870,000 in fiscal year 2008 shall be 
retained and be available until expended, for necessary salaries and 
expenses in this account, notwithstanding 31 U.S.C. 3302: Provided 
further, That the sum herein appropriated shall be reduced by the 
amount of revenues received during fiscal year 2008 so as to result in 
a final fiscal year 2008 appropriation estimated at not more than 
$874,000.

                  Nuclear Waste Technical Review Board

                         salaries and expenses

    For necessary expenses of the Nuclear Waste Technical Review Board, 
as authorized by Public Law 100-203, section 5051, $3,621,000, to be 
derived from the Nuclear Waste Fund, and to remain available until 
expended.

Office of the Federal Coordinator for Alaska Natural Gas Transportation 
                                Projects

    For necessary expenses for the Office of the Federal Coordinator 
for Alaska Natural Gas Transportation Projects pursuant to the Alaska 
Natural Gas Pipeline Act of 2004, $2,322,000.

                General Provision, Independent Agencies

    Sec. 401. Section 2(f)(2) of the Tennessee Valley Authority Act of 
1933 (16 U.S.C. 831a(f)(2)) is amended by striking the phrase ``stipend 
under paragraph (1)(A)(i)'' and inserting in lieu thereof ``stipends 
under paragraph (1)(A)''.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501. None of the funds appropriated by this Act may be used in 
any way, directly or indirectly, to influence congressional action on 
any legislation or appropriation matters pending before Congress, other 
than to communicate to Members of Congress as described in 18 U.S.C. 
1913.
    Sec. 502. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in this Act or any other appropriation Act.
    This Act may be cited as the ``Energy and Water Development 
Appropriations Act, 2008''.

                                                       Calendar No. 263

110th CONGRESS

  1st Session

                                S. 1751

                          [Report No. 110-127]

_______________________________________________________________________

                                 A BILL

 Making appropriations for energy and water development for the fiscal 
        year ending September 30, 2008, and for other purposes.

_______________________________________________________________________

                              July 9, 2007

                 Read twice and placed on the calendar
```