II 

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. 

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. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2008, for energy and 

6 water development and for other purposes, namely: 
2 

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1 TITLE I 

2 CORPS OF ENGINEERS—CIVIL 

3 DEPARTMENT OF THE ARMY 

4 CORPS OF ENGINEERS—CIVIL

5 The following appropriations shall be expended under 

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

9 and harbors, flood and storm damage reduction, shore 

10 protection, aquatic ecosystem restoration, and related pur11 poses. 

12 GENERAL INVESTIGATIONS

13 For expenses necessary for the collection and study 

14 of basic information pertaining to river and harbor, flood 

15 and storm damage reduction, shore protection, aquatic 

16 ecosystem restoration, and related projects, restudy of au17 thorized projects, miscellaneous investigations, and, when 

18 authorized by law, surveys and detailed studies and plans 

19 and specifications of projects prior to construction, 

20 $172,147,000, to remain available until expended. 

21 CONSTRUCTION, GENERAL

22 For expenses necessary for the construction of river 

23 and harbor, flood and storm damage reduction, shore pro24 tection, aquatic ecosystem restoration, and related 

25 projects authorized by law; for conducting detailed studies, 

26 and plans and specifications, of such projects (including 
3 

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1 those involving participation by States, local governments, 

2 or private groups) authorized or made eligible for selection 

3 by law (but such detailed studies, and plans and specifica4 tions, shall not constitute a commitment of the Govern5 ment to construction); $2,059,474,000, to remain avail6 able until expended; of which such sums as are necessary 

7 to cover the Federal share of construction costs for facili8 ties under the Dredged Material Disposal Facilities pro9 gram shall be derived from the Harbor Maintenance Trust 

10 Fund as authorized by Public Law 104–303; and of which 

11 such sums as are necessary pursuant to Public Law 99– 

12 662 shall be derived from the Inland Waterways Trust 

13 Fund, to cover one-half of the costs of construction and 

14 rehabilitation of inland waterways projects (including the 

15 rehabilitation costs for Lock and Dam 11, Mississippi 

16 River, Iowa; Lock and Dam 19, Mississippi River, Iowa; 

17 Lock and Dam 24, Mississippi River, Illinois and Mis18 souri; Lock 27, Mississippi River, Illinois; Markland Locks 

19 and Dam, Kentucky and Indiana; Emsworth Locks and 

20 Dam, Ohio River, Pennsylvania; and Lock and Dam 3, 

21 Mississippi River, Minnesota) shall be derived from the In22 land Waterways Trust Fund: Provided, That the Chief of 

23 Engineers is directed to use $13,000,000 of the funds ap24 propriated herein for the Dallas Floodway Extension, 

25 Texas, project, including the Cadillac Heights feature, 
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1 generally in accordance with the Chief of Engineers report 

2 dated December 7, 1999: Provided further, That the Chief 

3 of Engineers is directed to use $2,000,000 of the funds 

4 provided herein for the Hawaii Water Management 

5 Project: Provided further, That the Chief of Engineers is 

6 directed to use $8,500,000 of the funds appropriated here7 in for planning, engineering, design or construction of the 

8 Grundy, Buchanan County, and Dickenson County, Vir9 ginia, elements of the Levisa and Tug Forks of the Big 

10 Sandy River and Upper Cumberland River Project: Pro11 vided further, That the Chief of Engineers is directed to 

12 use $18,000,000 of the funds appropriated herein to con13 tinue planning, engineering, design or construction of the 

14 Lower Mingo County, Upper Mingo County, Wayne Coun15 ty, McDowell County, West Virginia, elements of the 

16 Levisa and Tug Forks of the Big Sandy River and Upper 

17 Cumberland River Project: Provided further, That the 

18 Chief of Engineers is directed to use $3,000,000 of the 

19 funds provided herein to initiate planning and design of 

20 a rural health care facility on the Fort Berthold Reserva21 tion of the Three Affiliated Tribes, North Dakota: Pro22 vided further, That the Chief of Engineers is directed to 

23 proceed with work on the permanent bridge to replace Fol24 som Bridge Dam Road, Folsom, California, as authorized 

25 by the Energy and Water Development Appropriations 
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1 Act, 2004 (Public Law 108–137), and, of the $18,500,000 

2 available for the American River Watershed (Folsom Dam 

3 Mini-Raise), California, project, $14,000,000 of those 

4 funds be directed for completion of the permanent bridge, 

5 with all remaining devoted to the Mini-Raise: Provided 

6 further, That the Secretary of the Army shall use up to 

7 $6,000,000 including the prior unobligated balance of 

8 $4,972,000 from the Devils Lake Outlet, North Dakota, 

9 project for the North Dakota environmental infrastructure 

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

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

12 from the Waterbury Dam repairs project for the Lake 

13 Champlain Watershed project. 

14 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, 

15 ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS16 SISSIPPI, MISSOURI, AND TENNESSEE

17 For expenses necessary for the flood damage reduc18 tion program for the Mississippi River alluvial valley below 

19 Cape Girardeau, Missouri, as authorized by law, 

20 $375,000,000, to remain available until expended, of 

21 which such sums as are necessary to cover the Federal 

22 share of operation and maintenance costs for inland har23 bors shall be derived from the Harbor Maintenance Trust 

24 Fund: Provided, That the Chief of Engineers is directed 

25 to use $10,000,000 of the funds provided herein for design 

26 and real estate activities and pump supply elements for 
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1 the Yazoo Basin, Yazoo Backwater Pumping Plant, Mis2 sissippi: Provided further, That the Secretary of the Army, 

3 acting through the Chief of Engineers is directed to use 

4 $10,000,000 appropriated herein for construction of water 

5 withdrawal features of the Grand Prairie, Arkansas, 

6 project. 

7 OPERATION AND MAINTENANCE

8 For expenses necessary for the operation, mainte9 nance, and care of existing river and harbor, flood and 

10 storm damage reduction, aquatic ecosystem restoration, 

11 and related projects authorized by law, for providing secu12 rity for infrastructure owned and operated by, or on behalf 

13 of, the United States Army Corps of Engineers (the 

14 ‘‘Corps’’), including administrative buildings and facilities, 

15 and laboratories, and the Washington Aqueduct; for the 

16 maintenance of harbor channels provided by a State, mu17 nicipality, or other public agency that serve essential navi18 gation needs of general commerce, where authorized by 

19 law; and for surveys and charting of northern and north20 western lakes and connecting waters, clearing and 

21 straightening channels, and removal of obstructions to 

22 navigation, $2,291,971,000, to remain available until ex23 pended, of which such sums as are necessary to cover the 

24 Federal share of operation and maintenance costs for 

25 coastal harbors and channels, and inland harbors shall be 

26 derived from the Harbor Maintenance Trust Fund, pursu-
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1 ant to Public Law 99–662 may be derived from that fund, 

2 as amended; of which such sums as become available from 

3 the special account for the Corps established by the Land 

4 and Water Conservation Act of 1965, as amended (16 

5 U.S.C. 460l–6a(i)), may be derived from that account for 

6 resource protection, research, interpretation, and mainte7 nance activities related to resource protection in the areas 

8 at which outdoor recreation is available; and of which such 

9 sums as become available under section 217 of the Water 

10 Resources Development Act of 1996, Public Law 104– 

11 303, shall be used to cover the cost of operation and main12 tenance of the dredged material disposal facilities for 

13 which fees have been collected: Provided, That utilizing 

14 funds appropriated herein, for the Intracoastal Waterway, 

15 Delaware River to Chesapeake Bay, Delaware and Mary16 land, the Chief of Engineers, is directed to reimburse the 

17 State of Delaware for normal operation and maintenance 

18 costs incurred by the State of Delaware for the SR1 

19 Bridge from station 58∂00 to station 293∂00 between 

20 October 1, 2007, and September 30, 2008. 

21 FLOOD CONTROL AND COASTAL EMERGENCIES

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

24 operations, repairs, and other activities in response to 

25 flood and hurricane emergencies, as authorized by law, 

26 $50,000,000, to remain available until expended. 
8 

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1 REGULATORY PROGRAM

2 For expenses necessary for administration of laws 

3 pertaining to regulation of navigable waters and wetlands, 

4 $180,000,000, to remain available until expended. 

5 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

6 For expenses necessary to clean up contamination 

7 from sites in the United States resulting from work per8 formed as part of the Nation’s early atomic energy pro9 gram, $140,000,000, to remain available until expended. 

10 GENERAL EXPENSES

11 For expenses necessary for general administration 

12 and related civil works functions in the headquarters of 

13 the United States Army Corps of Engineers, the offices 

14 of the Division Engineers, the Humphreys Engineer Cen15 ter Support Activity, the Institute for Water Resources, 

16 the United States Army Engineer Research and Develop17 ment Center, and the United States Army Corps of Engi18 neers Finance Center, $175,000,000, to remain available 

19 until expended: Provided, That no part of any other appro20 priation provided in title I of this Act shall be available 

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

22 of Engineers or the civil works executive direction and 

23 management activities of the division offices. 
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1 OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL

2 WORKS)

3 For the Office of the Assistant Secretary of the Army 

4 (Civil Works), $4,500,000 is provided. 

5 ADMINISTRATIVE PROVISION

6 Appropriations in this title shall be available for offi7 cial reception and representation expenses (not to exceed 

8 $5,000); and during the current fiscal year the Revolving 

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

10 (not to exceed 100 for replacement only) and hire of pas11 senger motor vehicles. 

12 GENERAL PROVISIONS, CORPS OF ENGINEERS—CIVIL

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

14 of this Act shall be available for obligation or expenditure 

15 through a reprogramming of funds that— 

16 (1) creates or initiates a program, project or ac17 tivity; 

18 (2) GENERAL INVESTIGATIONS.—For a base 

19 level over $100,000, reprogramming of 25 percent of 

20 the base amount up to a limit of $150,000 per 

21 project, study or activity is allowed: Provided, That 

22 for a base level less than $100,000, the reprogram23 ming limit is $25,000: Provided further, That 

24 $25,000 may be reprogrammed into any continuing 

25 study or activity that did not receive an appropria26 tion: Provided further, That reprogrammings that 
10 

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1 exceed these limits must be submitted to the House 

2 and Senate Subcommittees for approval; 

3 (3) CONSTRUCTION, GENERAL.—For a base 

4 level over $2,000,000, reprogramming of 15 percent 

5 of the base amount up to a limit of $3,000,000 per 

6 project, study or activity is allowed: Provided, That 

7 for a base level less than $2,000,000, the re8 programming limit is $300,000: Provided further, 

9 That $300,000 may be reprogrammed into any con10 tinuing study or activity that did not receive an ap11 propriation: Provided further, That up to $3,000,000 

12 may be reprogrammed for settled contractor claims, 

13 accelerated earnings, or real estate deficiency judg14 ments: Provided further, That reprogrammings that 

15 exceed these limits must be submitted to the House 

16 and Senate Subcommittees for approval; 

17 (4) OPERATION AND MAINTENANCE.—Unlim18 ited reprogramming authority is granted in order for 

19 the Corps to be able to respond to emergencies: Pro20 vided, That the Chief of Engineers must notify the 

21 House and Senate Committees on Appropriations of 

22 these emergency actions as soon thereafter as prac23 ticable: Provided further, That for a base level over 

24 $1,000,000, reprogramming of 15 percent of the 

25 base amount up to a limit of $5,000,000 per project, 
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1 study or activity is allowed: Provided further, That 

2 for a base level less than $1,000,000, the re3 programming limit is $150,000: Provided further, 

4 That $150,000 may be reprogrammed into any con5 tinuing study or activity that did not receive an ap6 propriation: Provided further, That reprogrammings 

7 that exceed these limits must be submitted to the 

8 House and Senate Subcommittees for approval; 

9 (5) MISSISSIPPI RIVER AND TRIBUTARIES.— 

10 The same reprogramming guidelines for the General 

11 Investigations, Construction, General and Operation 

12 and Maintenance portions of the Mississippi River 

13 and Tributaries Account as listed above. 

14 (6) FORMERLY UTILIZED SITES REMEDIAL AC15 TION PROGRAM.—Reprogramming of up to 15 per16 cent of the base of the receiving project is permitted 

17 unless prior approval is received from the House and 

18 Senate Committees on Appropriations. 

19 (b) CONTINUING AUTHORITIES PROGRAM.—No 

20 funds shall be reprogrammed into or out of section 205 

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

22 Control Act of 1946; section 208 of the Flood Control Act 

23 of 1954; section 107 of the River and Harbor Act of 1960; 

24 section 103 of the River and Harbor Act of 1962; section 

25 111 of the River and Harbor Act of 1968; section 1135 
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1 of the Water Resources Development Act of 1986; section 

2 206 of the Water Resources Development Act of 1996; 

3 sections 204 and 207 of the Water Resources Develop4 ment Act of 1992 or section 933 of the Water Resources 

5 Development Act of 1986: Provided, That unlimited re6 programming is permitted within any of the Continuing 

7 Authorities Programs Sections listed above. 

8 SEC. 102. None of the funds in this Act, or previous 

9 Acts, making funds available for Energy and Water Devel10 opment, shall be used to implement any pending or future 

11 competitive sourcing actions under OMB Circular A–76 

12 or High Performing Organizations for the U.S. Army 

13 Corps of Engineers. 

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

15 any other Act shall be used to demonstrate or implement 

16 any plans divesting or transferring any Civil Works mis17 sions, functions, or responsibilities of the United States 

18 Army Corps of Engineers to other government agencies 

19 without specific direction in a subsequent Act of Congress. 

20 SEC. 104. ST. GEORGES BRIDGE, DELAWARE.— 

21 None of the funds made available in this Act may be used 

22 to carry out any activity relating to closure or removal 

23 of the St. Georges Bridge across the Intracoastal Water24 way, Delaware River to Chesapeake Bay, Delaware and 

25 Maryland, including a hearing or any other activity relat-
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1 ing to preparation of an environmental impact statement 

2 concerning the closure or removal. 

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

4 of Engineers Report on a water resource matter, the As5 sistant Secretary of the Army (Civil Works) shall submit 

6 the report to the appropriate authorizing and appro7 priating committees of the Congress. 

8 SEC. 106. WATER REALLOCATION, LAKE CUM9 BERLAND, KENTUCKY. (a) IN GENERAL.—Subject to sub10 section (b), none of the funds made available by this Act 

11 may be used to carry out any water reallocation project 

12 or component under the Wolf Creek Project, Lake Cum13 berland, Kentucky, authorized under the Act of June 28, 

14 1938 (52 Stat. 1215, ch. 795) and the Act of July 24, 

15 1946 (60 Stat. 636, ch. 595). 

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

17 not apply to any water reallocation for Lake Cumberland, 

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

19 payment schedule in effect on the date of enactment of 

20 this Act. 

21 SEC. 107. The project for flood control at Milton, 

22 West Virginia, authorized by section 580 of the Water Re23 sources Development Act of 1996 (110 Stat. 3790), as 

24 modified by section 340 of the Water Resources Develop25 ment Act of 2000 (114 Stat. 2612), is modified to author-
14 

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1 ize the Secretary to construct the project substantially in 

2 accordance with the draft report of the Corps of Engineers 

3 dated April 2006, at an estimated total cost of 

4 $45,500,000, with an estimated Federal cost of 

5 $34,125,000 and an estimated non-Federal cost of 

6 $11,375,000. 

7 SEC. 108. Using amounts available in the Revolving 

8 Fund, the Secretary of the Army is authorized to con9 struct a new Environmental Laboratory and improve10 ments to the Information Technology Laboratory at the 

11 Engineer Research and Development Center in Vicksburg, 

12 Mississippi: Provided, That the Secretary shall ensure that 

13 the Revolving Fund is appropriately reimbursed from ap14 propriations of the Corps’ benefiting programs by collec15 tion each year of amounts sufficient to repay the capital16 ized cost of such construction and improvements. 

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

18 cooperative agreements with any Indian Tribe whose lands 

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

20 project owned and operated by the Corps of Engineers, 

21 to assist in carrying out Operation and Maintenance ac22 tivities associated with such project. 

23 SEC. 110. Notwithstanding section 729 of the Water 

24 Resources Development Act of 1986, as amended (33 

25 U.S.C. 2267a), the Secretary shall credit toward the non- 
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1 Federal share of the cost of the Rio Grande Basin Water2 shed Study, New Mexico, Colorado and Texas, the cost 

3 of in-kind services contributed by the New Mexico Inter4 state Stream Commission for the Study up to the full 

5 amount of the required non-Federal share, in accordance 

6 with the Agreement between the Commission and the De7 partment of the Army dated December 3, 2001 as modi8 fied on January 14, 2002. 

9 SEC. 111. Section 121 of the Energy and Water De10 velopment Appropriations Act, 2006 (Public Law 109– 

11 103; 119 Stat. 2256) is amended by striking subsection 

12 (a) and inserting the following: 

13 ‘‘(a) The Secretary of the Army may carry out and 

14 fund planning studies, watershed surveys and assess15 ments, or technical studies at 100 percent Federal expense 

16 to accomplish the purposes of the 2003 Biological Opinion 

17 described in section 205(b) of the Energy and Water De18 velopment Appropriations Act, 2005 (Public Law 108– 

19 447; 118 Stat. 2949) as amended by subsection (b) and 

20 the collaborative program long-term plan. In carrying out 

21 a study, survey, or assessment under this subsection, the 

22 Secretary of the Army shall consult with Federal, State, 

23 tribal and local governmental entities, as well as entities 

24 participating in the Middle Rio Grande Endangered Spe25 cies Collaborative Program referred to in section 205 of 
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1 the Energy and Water Development Appropriations Act, 

2 2008. The Secretary of the Army may also provide plan3 ning and administrative assistance to the Middle Rio 

4 Grande Endangered Species Collaborative Program, which 

5 shall not be subject to cost sharing requirements with non6 Federal interests.’’. 

7 SEC. 112. None of the funds provided in this or prior 

8 Acts shall be expended on the update of the disputed water 

9 control manuals for the Apalachicola-Chattahoochee-Flint 

10 Rivers without the approval of the States of Alabama, 

11 Florida, and Georgia or for the Alabama-Coosa-Tallapoosa 

12 Rivers without the approval of the States of Alabama and 

13 Georgia or until such time as all legal proceedings in rela14 tion to the water use disputes are concluded and all ap15 peals exhausted. 

16 SEC. 113. The project for flood damage reduction, 

17 Rio de Flag, Flagstaff, Arizona, authorized in section 

18 101(b)(3) of the Water Resources Development Act, 2000, 

19 is modified to authorize the Secretary to construct the 

20 project, at a total cost of $54,130,000, with an estimated 

21 Federal cost of $34,970,000, and an estimated non-Fed22 eral cost of $19,160,000. 

23 SEC. 114. Section 582(c)(2) of the Water Resources 

24 Development Act of 1999 (Public Law 106–53) is modi-
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1 fied by striking ‘‘$1,000,000’’ and inserting 

2 ‘‘$2,000,000’’, in lieu thereof. 

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

4 River Mainstem, including Santiago Creek, California, au5 thorized by section 401(a) of the Water Resources Devel6 opment Act of 1986 (Public Law 99–662), modified by 

7 section 104 of the Energy and Water Development Appro8 priations Act, 1988 (Public Law 100–202), and by section 

9 309 of the Water Resources Development Act of 1996 

10 (Public Law 104–303), is further modified to authorize 

11 the Chief of Engineers to carry out the project at a total 

12 cost of $1,800,000,000. 

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

14 recreation, Upper Guadalupe River, California, authorized 

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

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

17 Secretary to construct the project generally in accordance 

18 with the Upper Guadalupe River Flood Damage Reduc19 tion, San Jose, California, Limited Reevaluation Report, 

20 dated March 2004, at a total cost of $244,500,000, with 

21 an estimated Federal cost of $130,600,000 and an esti22 mated non-Federal cost of $113,900,000. 

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

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

25 lands to Tate County School District, Tate County, Mis-
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1 sissippi, the transfer of any real property interests, not 

2 to exceed 50 acres, at Arkabutla Lake deemed available 

3 by the Army that is located adjacent to school district 

4 property in the vicinity of State Highway 306 west of 

5 Coldwater, Mississippi. Such transfer shall be subject to 

6 the reservation of any required flowage easements for the 

7 operation of Arkabutla Lake and which preclude struc8 tures for human habitation. This property shall be used 

9 by the Tate County School District for public educational 

10 purposes. 

11 SEC. 118. Section 594 of the Water Resources Devel12 opment Act of 1999 is amended by striking ‘‘SEC. 594. 

13 OHIO.’’ and inserting in lieu thereof ‘‘SEC. 594. 

14 OHIO AND NORTH DAKOTA.’’ and in (a) strike 

15 ‘‘Ohio.’’ and insert in lieu thereof ‘‘Ohio and North Da16 kota.’’ and in (b) strike ‘‘Ohio,’’ and insert in lieu thereof 

17 ‘‘Ohio and North Dakota,’’ and in (g) strike 

18 ‘‘$240,000,000.’’ and insert in lieu thereof ‘‘$240,000,000 

19 for Ohio and $100,000,000 for North Dakota.’’ 

20 SEC. 119. The Secretary of the Army, acting through 

21 the Chief of Engineers, is directed and authorized to con22 duct preconstruction engineering and design activities at 

23 full Federal expense for the Kahuku Storm Damage Re24 duction Project, Oahu, Hawaii, which includes interior 

25 drainage and related improvements to be constructed on 
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1 lands that may include Federal land, the cost of the 

2 preconstruction, engineering, and design activities shall be 

3 included in total project costs to be cost shared at the rate 

4 of 65 percent Federal and 35 percent non-Federal, as a 

5 part of construction and the Decision Document contents 

6 shall be limited to a design analysis and supporting NEPA 

7 documentation for drainage improvements. 

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

9 the Chief of Engineers, is directed to fully utilize the Fed10 eral dredging fleet in support of all Army Corps of Engi11 neers missions and no restrictions shall be placed on the 

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

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

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

15 dredging fleet to technologically modern and efficient 

16 standards. 

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

18 the Chief of Engineers is directed to utilize funds from 

19 the revolving fund to expeditiously undertake necessary 

20 health and safety improvements to the dredge ‘‘McFar21 land’’: Provided, That the Secretary shall ensure that the 

22 Revolving Fund is appropriately reimbursed from appro23 priations of the Corps’ benefiting programs by collection 

24 each year of amounts sufficient to repay the capitalized 

25 cost of such construction and improvements. 
20 

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1 SEC. 123. The Secretary of the Army is authorized 

2 to use funds appropriated under the Missouri River Recov3 ery and Mitigation Program to assist the Bureau of Rec4 lamation in the design and construction of facilities of the 

5 Bureau of Reclamation’s Lower Yellowstone Project near 

6 Intake, Montana, for the purpose of ecosystem restoration; 

7 and if appropriate may transfer such funds to the Bureau 

8 of Reclamation, which shall use such transferred funds for 

9 such purposes. 

10 SEC. 124. The U.S. Army Corps of Engineers’ share 

11 of the total cost for projects and activities authorized 

12 under 16 U.S.C. 410–r–8 shall be limited to $69,650,000. 

13 SEC. 125. Section 108 under title I of Public Law 

14 109–103 is repealed. 

15 SEC. 126. Section 227 of Public Law 104–303 is 

16 amended in section 5(a) by striking ‘‘7’’, and inserting 

17 ‘‘12’’ in lieu thereof. 

18 SEC. 127. All budget documents and justification ma19 terials for the Corps of Engineers annual budget submis20 sion to Congress shall be assembled and presented based 

21 on the most recent annual appropriations Act: Provided, 

22 That new budget proposals for fiscal year 2008 and there23 after, shall not be integrated into the budget justifications 

24 submitted to Congress but shall be submitted separately 

25 from the budget justifications documents. 
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1 SEC. 128. The Secretary of the Army acting through 

2 the Chief of Engineers is directed to plan, design, and con3 struct a rural health care facility on the Fort Berthold 

4 Indian Reservation of the Three Affiliated Tribes, North 

5 Dakota, at an estimated Federal cost of $20,000,000. The 

6 Secretary shall transfer this facility to the Secretary of 

7 the Interior for operation and maintenance upon the com8 pletion of construction. 

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

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

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

12 ‘‘$7,000,000’’. 

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

14 IN GENERAL.—The project for flood damage reduction, 

15 environmental restoration and recreation, Johnson Creek, 

16 Arlington, Texas, authorized by section 101(b)(14) of the 

17 Water Resources Development Act of 1999 (113 Stat. 

18 280–281) is modified to authorize the Secretary to con19 struct the project substantially in accordance with the re20 port entitled Johnson Creek: A Vision of Conservation, 

21 dated March 30, 2006, at a total cost of $80,000,000, 

22 with an estimated Federal cost of $52,000,000 and an es23 timated non-Federal cost of $28,000,000 if the Secretary 

24 determines that the project is technically sound and envi25 ronmentally acceptable. 
22 

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1 (b) NON-FEDERAL SHARE.— 

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

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

4 in the form of in-kind services or materials. 

5 (2) CREDIT AND REIMBURSEMENT.—The Sec6 retary shall credit toward the non-Federal share of 

7 the cost of the project the cost of planning, design, 

8 and construction work carried out by the non-Fed9 eral interest for implementation of the project, if the 

10 Secretary determines that the work is integral to the 

11 project. Subject to the availability of funds, the non12 Federal interest shall be reimbursed for costs in13 curred by the non-Federal interest that exceed the 

14 non-Federal share of project costs. 

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

16 Energy and Water Development Appropriations Act, 2006 

17 (119 Stat. 2264) is repealed. 

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

19 KENTUCKY. Section 101(a)(10) of the Water Resources 

20 Development Act of 1990, Public Law 101–640, is amend21 ed by striking both occurrences of ‘‘$219,000,000’’ and 

22 inserting in their place ‘‘$430,000,000’’. 

23 SEC. 132. The Secretary is authorized and directed 

24 to reimburse local governments for expenses they have in25 curred in storm-proofing pumping stations, constructing 
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1 safe houses for operators, and other interim flood control 

2 measures in and around the New Orleans metropolitan 

3 area, provided the Secretary determines those elements of 

4 work and related expenses to be integral to the overall 

5 plan to ensure operability of the stations during hurri6 canes, storms and high water events and the flood control 

7 plan for the area. 

8 SEC. 133. Section 101(a)(5) of the Water Resources 

9 Development Act of 1996 (110 Stat. 3663) is amended— 

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

11 ‘‘The’’; and 

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

13 ‘‘(B) CREDIT TOWARD NON-FEDERAL

14 SHARE.—The Secretary shall credit toward the 

15 non-Federal share of the project the costs ex16 pended by non-Federal interests for the replace17 ment and reconstruction of the Soquel Avenue 

18 Bridge, if the Secretary determines that the 

19 work is integral to the project. 

20 ‘‘(C) MAXIMUM AMOUNT OF CREDIT.— 

21 The credit under paragraph (B) may not exceed 

22 $2,000,000. 

23 ‘‘(D) LIMITATION OF TOTAL PROJECT

24 COST.—The Secretary shall not include the 

25 costs to be credited under paragraphs (B) and 
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1 (C) in total project costs in determining the 

2 amounts of the Federal and non-Federal con3 tributions.’’. 

4 SEC. 134. MISSOURI AND MIDDLE MISSISSIPPI RIV5 ERS ENHANCEMENT PROJECT. Section 514(g) of the 

6 Water Resources Development Act of 1999 (Public Law 

7 106–53) is amended by striking the words ‘‘for the period 

8 of fiscal years 2000 and 2001.’’ and inserting in lieu 

9 thereof ‘‘per year, and that authority shall extend until 

10 Federal fiscal year 2015.’’. 

11 SEC. 135. The project for flood damage reduction, 

12 Nogales Wash, Arizona, authorized in section 101(a)(4) 

13 of the Water Resources Development Act, 1990, is modi14 fied to authorize the Secretary to construct the project, 

15 at a total cost of $24,500,000, with an estimated Federal 

16 cost of $19,500,000, and an estimated non-Federal cost 

17 of $5,000,000. 

18 SEC. 136. The project for flood damage reduction, 

19 Tucson Drainage Area, Arizona, authorized in section 

20 101(a)(5) of the Water Resources Development Act, 1999, 

21 is modified to authorize the Secretary to construct the 

22 project, at a total cost of $66,700,000, with an estimated 

23 Federal cost of $43,350,000, and an estimated non-Fed24 eral cost of $23,350,000. 
25 

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1 SEC. 137. Section 219(f) of the Water Resources De2 velopment Act of 1992 (Public Law 102–580, 106 Stat. 

3 4835 et seq.), as amended, is further amended by striking 

4 subsection ‘‘(71) Coronado, California’’, in its entirety and 

5 inserting the following: 

6 ‘‘(71) CORONADO, CALIFORNIA. 

7 ‘‘(A) $10,000,000 is authorized for waste8 water infrastructure, Coronado, California. 

9 ‘‘(B) The Federal Share may be in the 

10 form of grants or reimbursements of project 

11 costs incurred by the non-Federal sponsor for 

12 work performed by the non-Federal sponsor be13 fore or after the execution of a project coopera14 tion agreement, if the Secretary determines that 

15 such work is integral to the project. 

16 ‘‘(C) The Secretary is authorized to credit 

17 towards the non-Federal share of project costs 

18 the costs incurred by the non-Federal sponsor 

19 for work performed by the non-Federal sponsor 

20 before or after the execution of a project co21 operation agreement, if the Secretary deter22 mines that such work is integral to the 

23 project.’’ 

24 SEC. 138. Section 595(h) of the Water Resources De25 velopment Act of 1999 (113 Stat. 384; 117 Stat. 142; 117 
26 

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1 Stat. 1836) is amended by striking ‘‘New Mexico, and 

2 rural Utah’’ and inserting ‘‘and New Mexico and 

3 $50,000,000 for Rural Utah’’. 

4 SEC. 139. NAVAJO RESERVATION, ARIZONA, NEW

5 MEXICO, AND UTAH.—Section 520(b) of the Water Re6 sources Development Act of 1999 (Public Law 106–53; 

7 113 Stat. 345) is amended by inserting after the second 

8 sentence ‘‘The local match for the funds appropriated for 

9 flood plain delineation on the Navajo reservation in Ari10 zona, New Mexico, and Utah may be provided as in-kind 

11 services.’’. 

12 SEC. 140. CONNECTICUT RIVER WATERSHED

13 STUDY, NEW HAMPSHIRE, CONNECTICUT, MASSACHU14 SETTS, AND VERMONT.—Notwithstanding section 221 of 

15 the Flood Control Act of 1970 (42 U.S.C. 1962d–5b), The 

16 Nature Conservancy may act as the non-Federal interest 

17 for purposes of carrying out the work detailed in the 

18 agreement executed between The Nature Conservancy and 

19 the Department of the Army on August 5, 2005. 

20 SEC. 141. CHICAGO SANITARY AND SHIP CANAL DIS21 PERSAL BARRIERS PROJECT, ILLINOIS. (a) IN GEN22 ERAL.—The Chicago Sanitary and Ship Canal Dispersal 

23 Barrier Project (referred to in this Act as ‘‘Barrier I’’) 

24 (as in existence on the date of enactment of this Act), con25 structed as a demonstration project under section 
27 

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1 1202(i)(3) of the Nonindigenous Aquatic Nuisance Pre2 vention and Control Act of 1990 (16 U.S.C. 4722(i)(3)), 

3 and the project relating to the Chicago Sanitary and Ship 

4 Canal Dispersal Barrier, as authorized by section 345 of 

5 the District of Columbia Appropriations Act, 2005 (Public 

6 Law 108–335; 118 Stat. 1352) (referred to in this Act 

7 as ‘‘Barrier II’’), shall be considered to constitute a single 

8 project. 

9 (b) ACTIVITIES RELATING TO BARRIER I AND BAR10 RIER II.— 

11 (1) DUTIES OF SECRETARY OF THE ARMY.— 

12 The Secretary of the Army (referred to in this Act 

13 as the ‘‘Secretary’’) shall, at full Federal expense— 

14 (A) upgrade and make permanent Barrier 

15 I; 

16 (B) construct Barrier II, notwithstanding 

17 the project cooperation agreement with the 

18 State of Illinois dated June 14, 2005; 

19 (C) operate and maintain Barrier I and 

20 Barrier II as a system to optimize effectiveness; 

21 (D) conduct, in consultation with appro22 priate Federal, State, local, and nongovern23 mental entities, a study of a full range of op24 tions and technologies for reducing impacts of 
28 

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1 hazards that may reduce the efficacy of the 

2 Barriers; and 

3 (E) provide to each State a credit in an 

4 amount equal to the amount of funds contrib5 uted by the State toward Barrier II. 

6 (2) APPLICATION OF CREDIT.—A State may 

7 apply a credit received under paragraph (1)(E) to 

8 any cost-sharing responsibility for an existing or fu9 ture Federal project with the Corps of Engineers in 

10 the State. 

11 (c) FEASIBILITY STUDY.—The Secretary, in con12 sultation with appropriate Federal, State, local, and non13 governmental entities, shall conduct a feasibility study, at 

14 full Federal expense, of the range of options and tech15 nologies available to prevent the spread of aquatic nui16 sance species between the Great Lakes and Mississippi 

17 River Basins through the Chicago Sanitary and Ship 

18 Canal and other aquatic pathways. 

19 (d) CONFORMING AMENDMENT.—Section 345 of the 

20 District of Columbia Appropriations Act, 2005 (Public 

21 Law 108–335; 118 Stat. 1352) is amended to read as fol22 lows: 

23 ‘‘SEC. 345. There are authorized to be appropriated 

24 such sums as are necessary to carry out the Barrier II 

25 project of the project for the Chicago Sanitary and Ship 
29 

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1 Canal Dispersal Barrier, Illinois, initiated pursuant to sec2 tion 1135 of the Water Resources Development Act of 

3 1986 (33 U.S.C. 2309a).’’. 

4 SEC. 142. None of the funds provided in this or prior 

5 Acts may be used by the Secretary of the Army for 

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

7 r–8 unless they are matched by an equal cost share from 

8 the Department of the Interior: Provided, That the De9 partment of the Interior’s share of the cost may not be 

10 provided as in-kind services or credit for previous work 

11 performed: Provided further, That the Secretary of the 

12 Army may not transfer funds to the Secretary of the Inte13 rior for projects and activities authorized under 16 U.S.C. 

14 410–r–8. 

15 SEC. 143. The Secretary of the Army may, under 

16 such terms and conditions as the Secretary deems appro17 priate, contract with any public or private entity to provide 

18 visitor reservation services. Any such contract in effect on 

19 or after October 1, 2004, may provide that the contractor 

20 shall be permitted to deduct a commission to be fixed by 

21 the Secretary from the amount charged the public for pro22 viding such services and to remit the net proceeds there23 from to the contracting agency. 

24 SEC. 144. The project for flood control, Redwood 

25 River, Marshall, Minnesota, authorized by section 401(a) 
30 

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1 of the Water Resources Development Act of 1986 and 

2 modified by section 4(k) of the Water Resources Develop3 ment Act of 1988 is further modified to authorize the Sec4 retary to construct the project at a total cost of 

5 $11,863,000, with an estimated first Federal cost of 

6 $8,722,000 and an estimated first non-Federal cost of 

7 $3,141,000. 

8 SEC. 145. The project for St. John’s Bayou and New 

9 Madrid Floodway in the State of Missouri as authorized 

10 by subsection (d) of the matter under the heading ‘‘Lower 

11 Mississippi River’’ under section 203 of the Flood Control 

12 Act of 1954 (68 Stat. 1258) and section 401(a) of the 

13 Water Resources Development Act of 1986 (100 Stat. 

14 4118), and as modified by section 331 of the Water Re15 sources Development Act of 1996 (110 Stat. 3658), is eco16 nomically justified and environmentally acceptable and the 

17 Secretary shall, subject to the availability of funds, con18 struct this project in a manner that is consistent with the 

19 terms and conditions described in the June 2002 Revised 

20 Supplemental Impact Statement, as supplemented by the 

21 March 2006 Revised Supplemental Environmental Impact 

22 Statement 2 for this project: Provided, That the levee clo23 sure and gravity structure at the south end of the New 

24 Madrid Floodway portion of the Project are part of the 

25 Mississippi River Levee feature of the Mississippi River 
31 

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1 and Tributaries Project and are not a separable element 

2 of that Project. 

3 SEC. 146. Title II, chapter 3 of Public Law 109–234 

4 under the heading ‘‘Construction’’ is modified by striking 

5 ‘‘construction: Provided,’’ and inserting in lieu thereof ‘‘: 

6 Provided, That the Secretary of the Army, in imple7 menting projects and measures in the New Orleans metro8 politan area required to achieve certification for participa9 tion in the National Flood Insurance Program as directed 

10 in Public Law 109–234 shall include all authorized fea11 tures of the Southeast Louisiana Flood Control project 

12 and related internal pumping requirements as integral ele13 ments of the comprehensive protection system for the area 

14 and shall complete all authorized work for the Southeast 

15 Louisiana project concurrently and integrally with other 

16 area projects: Provided further,’’. 

17 SEC. 147. Funds provided in title V, chapter 3 of 

18 Public Law 110–28 under the heading ‘‘Construction’’ 

19 may be used for restoration of shore protection projects 

20 in New Jersey damaged by the same meteorological events 

21 that resulted in Presidential Disaster Declaration FEMA– 

22 1694–DR. 
32 

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1 TITLE II 

2 DEPARTMENT OF THE INTERIOR 

3 CENTRAL UTAH PROJECT

4 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

5 For carrying out activities authorized by the Central 

6 Utah Project Completion Act, $41,380,000, to remain 

7 available until expended, of which $976,000 shall be de8 posited into the Utah Reclamation Mitigation and Con9 servation Account for use by the Utah Reclamation Miti10 gation and Conservation Commission. 

11 In addition, for necessary expenses incurred in car12 rying out related responsibilities of the Secretary of the 

13 Interior, $1,620,000, to remain available until expended. 

14 For fiscal year 2008, the Commission may use an 

15 amount not to exceed $1,500,000 for administrative ex16 penses. 

17 BUREAU OF RECLAMATION

18 The following appropriations shall be expended to 

19 execute authorized functions of the Bureau of Reclama20 tion: 

21 WATER AND RELATED RESOURCES

22 (INCLUDING TRANSFER OF FUNDS)

23 For management, development, and restoration of 

24 water and related natural resources and for related activi25 ties, including the operation, maintenance, and rehabilita26 tion of reclamation and other facilities, participation in 
33 

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1 fulfilling related Federal responsibilities to Native Ameri2 cans, and related grants to, and cooperative and other 

3 agreements with, State and local governments, Indian 

4 tribes, and others, $950,106,000, to remain available until 

5 expended, of which $62,865,000 shall be available for 

6 transfer to the Upper Colorado River Basin Fund and 

7 $27,675,000 shall be available for transfer to the Lower 

8 Colorado River Basin Development Fund; of which such 

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

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

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

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

14 decreased within the overall appropriation under this 

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

16 the amount for program activities that can be financed 

17 by the Reclamation Fund or the Bureau of Reclamation 

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

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

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

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

24 available until expended for the same purposes as the 

25 sums appropriated under this heading: Provided further, 
34 

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1 That funds available for expenditure for the Departmental 

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

5 the Friant-Kern and Madera Canals improvements may 

6 be expended on a non-reimbursable basis. 

7 CENTRAL VALLEY PROJECT RESTORATION FUND

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

9 habitat restoration, improvement, and acquisition provi10 sions of the Central Valley Project Improvement Act, 

11 $51,622,000, to be derived from such sums as may be col12 lected in the Central Valley Project Restoration Fund pur13 suant to sections 3407(d), 3404(c)(3), 3405(f), and 

14 3406(c)(1) of Public Law 102–575, to remain available 

15 until expended: Provided, That the Bureau of Reclamation 

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

17 additional mitigation and restoration payments authorized 

18 by section 3407(d) of Public Law 102–575: Provided fur19 ther, That none of the funds made available under this 

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

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

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

23 CALIFORNIA BAY-DELTA RESTORATION

24 (INCLUDING TRANSFER OF FUNDS)

25 For carrying out activities authorized by the Water 

26 Supply, Reliability, and Environmental Improvement Act, 
35 

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1 consistent with plans to be approved by the Secretary of 

2 the Interior, $40,750,000, to remain available until ex3 pended, of which such amounts as may be necessary to 

4 carry out such activities may be transferred to appropriate 

5 accounts of other participating Federal agencies to carry 

6 out authorized purposes: Provided, That funds appro7 priated herein may be used for the Federal share of the 

8 costs of CALFED Program management: Provided fur9 ther, That the use of any funds provided to the California 

10 Bay-Delta Authority for program-wide management and 

11 oversight activities shall be subject to the approval of the 

12 Secretary of the Interior: Provided further, That CALFED 

13 implementation shall be carried out in a balanced manner 

14 with clear performance measures demonstrating concur15 rent progress in achieving the goals and objectives of the 

16 Program. 

17 POLICY AND ADMINISTRATION

18 For necessary expenses of policy, administration, and 

19 related functions in the office of the Commissioner, the 

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

21 of Reclamation, to remain available until expended, 

22 $58,811,000, to be derived from the Reclamation Fund 

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

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

25 Act shall be available for activities or functions budgeted 

26 as policy and administration expenses. 
36 

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1 ADMINISTRATIVE PROVISIONS

2 Appropriations for the Bureau of Reclamation shall 

3 be available for purchase of not to exceed 14 passenger 

4 motor vehicles for replacement only. 

5 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

6 SEC. 201. (a) None of the funds appropriated or oth7 erwise made available by this Act may be used to deter8 mine the final point of discharge for the interceptor drain 

9 for the San Luis Unit until development by the Secretary 

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

11 shall conform to the water quality standards of the State 

12 of California as approved by the Administrator of the En13 vironmental Protection Agency, to minimize any detri14 mental effect of the San Luis drainage waters. 

15 (b) The costs of the Kesterson Reservoir Cleanup 

16 Program and the costs of the San Joaquin Valley Drain17 age Program shall be classified by the Secretary of the 

18 Interior as reimbursable or nonreimbursable and collected 

19 until fully repaid pursuant to the ‘‘Cleanup Program-Al20 ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 

21 Repayment Plan’’ described in the report entitled ‘‘Repay22 ment Report, Kesterson Reservoir Cleanup Program and 

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

24 prepared by the Department of the Interior, Bureau of 

25 Reclamation. Any future obligations of funds by the 
37 

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1 United States relating to, or providing for, drainage serv2 ice or drainage studies for the San Luis Unit shall be fully 

3 reimbursable by San Luis Unit beneficiaries of such serv4 ice or studies pursuant to Federal reclamation law. 

5 SEC. 202. None of the funds appropriated or other6 wise made available by this or any other Act may be used 

7 to pay the salaries and expenses of personnel to purchase 

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

9 Projects in New Mexico unless said purchase or lease is 

10 in compliance with the purchase requirements of section 

11 202 of Public Law 106–60. 

12 SEC. 203. Funds under this title for Drought Emer13 gency Assistance shall be made available primarily for 

14 leasing of water for specified drought related purposes 

15 from willing lessors, in compliance with existing State laws 

16 and administered under State water priority allocation. 

17 Such leases may be entered into with an option to pur18 chase: Provided, That such purchase is approved by the 

19 State in which the purchase takes place and the purchase 

20 does not cause economic harm within the State in which 

21 the purchase is made. 

22 SEC. 204. The Secretary of the Interior, acting 

23 through the Commissioner of the Bureau of Reclamation, 

24 is authorized to enter into grants, cooperative agreements, 

25 and other agreements with irrigation or water districts 
38 

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1 and States to fund up to 50 percent of the cost of plan2 ning, designing, and constructing improvements that will 

3 conserve water, increase water use efficiency, or enhance 

4 water management through measurement or automation, 

5 at existing water supply projects within the States identi6 fied in the Act of June 17, 1902, as amended, and supple7 mented: Provided, That when such improvements are to 

8 federally owned facilities, such funds may be provided in 

9 advance on a non-reimbursable basis to an entity oper10 ating affected transferred works or may be deemed non11 reimbursable for non-transferred works: Provided further, 

12 That the calculation of the non-Federal contribution shall 

13 provide for consideration of the value of any in-kind con14 tributions, but shall not include funds received from other 

15 Federal agencies: Provided further, That the cost of oper16 ating and maintaining such improvements shall be the re17 sponsibility of the non-Federal entity: Provided further, 

18 That this section shall not supercede any existing project19 specific funding authority: Provided further, That the Sec20 retary is also authorized to enter into grants or coopera21 tive agreements with universities or non-profit research in22 stitutions to fund water use efficiency research. 

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

24 Development Appropriations Act, 2004 (Public Law 108– 

25 137; 117 Stat. 1850) is repealed. 
39 

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

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

3 Committee of the Middle Rio Grande Endangered Species 

4 Collaborative Program (referred to in this section as the 

5 ‘‘Executive Committee’’) consistent with the bylaws of the 

6 Middle Rio Grande Endangered Species Collaborative Pro7 gram adopted on October 2, 2006. 

8 (c) In compliance with applicable Federal and State 

9 laws, the Secretary (acting through the Commissioner of 

10 Reclamation), in collaboration with the Executive Com11 mittee, may enter into any grants, contracts, cooperative 

12 agreements, interagency agreements, or other agreements 

13 that the Secretary determines to be necessary to comply 

14 with the 2003 Biological Opinion described in section 

15 205(b) of the Energy and Water Development Appropria16 tions Act, 2005 (Public Law 108–447; 118 Stat. 2949) 

17 as amended by section 121(b) of the Energy and Water 

18 Development Appropriations Act, 2006 (Public Law 109– 

19 103; 119 Stat. 2256) or in furtherance of the objectives 

20 set forth in the collaborative program long-term plan. 

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

22 and any administrative costs associated with carrying out 

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

24 (2) Not more than 15 percent of amounts appro25 priated to carry out subsection (c) shall be made available 
40 

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1 for the payment of administrative expenses associated with 

2 carrying out that subsection. 

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

4 under subsection (c) (other than an activity or a cost de5 scribed in subsection (d)(1)) shall be 25 percent. The non6 Federal cost share shall be determined on a programmatic, 

7 rather than a project-by-project basis. 

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

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

10 of which shall be determined by the Secretary in consulta11 tion with the executive committee. 

12 (f) Nothing in this section modifies or expands the 

13 discretion of the Secretary with respect to operating res14 ervoir facilities under the jurisdiction of the Secretary in 

15 the Rio Grande Valley, New Mexico. 

16 SEC. 206. In furtherance of section 529 of Public 

17 Law 106–541, the Secretary of the Interior shall continue 

18 to participate in implementation of the Project at Las 

19 Vegas Wash and Lake Mead in accordance with the Plan, 

20 and may provide grants to the Southern Nevada Water 

21 Authority to carry out the implementation of the Project 

22 at Las Vegas Wash and Lake Mead in accordance with 

23 the Plan: Provided, That issuance of any such grants shall 

24 not modify the cost sharing requirements provided in sec25 tion 529(b) of Public Law 106–541. 
41 

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1 SEC. 207. RESTORATION OF FISH, WILDLIFE, AND

2 ASSOCIATED HABITATS IN WATERSHEDS OF CERTAIN

3 LAKES. In carrying out section 2507 of Public Law 107– 

4 171, the Secretary of the Interior, acting through the 

5 Commissioner of Reclamation, shall use $7,000,000 to 

6 provide grants, to be divided equally, to the State of Ne7 vada, the State of California, the Federal Watermaster, 

8 the Truckee Meadows Water Authority, and the Pyramid 

9 Lake Paiute Tribe, to implement the Truckee River Settle10 ment Act, Public Law 101–618. 

11 SEC. 208. Using amounts made available under sec12 tion 2507 of the Farm and Rural Investment Act of 2002 

13 (43 U.S.C. 2211 note; Public Law 107–171), the Sec14 retary shall provide— 

15 (1) acting through the Commissioner of Rec16 lamation, 

17 (A) $3,000,000 for implementation of the 

18 Carson Lake and Pasture Transfer Act, Public 

19 Law 101–618, title II, section 206; 

20 (B) $10,000,000 for the removal of the 

21 Numana Dam and other obsolete irrigation 

22 structures located on the Pyramid Lake Paiute 

23 Reservation; 

24 (C) $5,000,000 to be used, in consultation 

25 with the Army Corps of Engineers where appli-
42 

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1 cable, to study and prepare plans for the devel2 opment and construction of a pipeline to convey 

3 water from the Dixie Valley to Churchill Coun4 ty, Nevada; 

5 (D) $10,000,000 for improvements to the 

6 Derby Dam Fish Screen and Ladder to allow 

7 passage of the endangered cui-ui fish; and 

8 (E) $6,000,000 for the acquisition of two 

9 small hydro-electric powerplants from the Si10 erra Pacific Power Company to improve water 

11 allocations to the Truckee River and improve 

12 fish passage. 

13 (2) $10,000,000 to the Truckee Meadows 

14 Water Authority and a nonprofit conservation orga15 nization for the acquisition and protection of Inde16 pendence Lake; 

17 (3) $6,000,000 to be transferred to the Army 

18 Corps of Engineers for the Assistant Secretary of 

19 the Army, acting through the Chief of Engineers to 

20 construct Lower Truckee Restoration Projects iden21 tified by the cities of Reno and Sparks, Nevada, and 

22 Washoe County, Nevada; 

23 (4) $2,000,000 to the Summit Lake Tribe to 

24 plan and complete restoration efforts at the Summit 
43 

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1 Lake desert terminus lake in Northern Washoe 

2 County, Nevada; 

3 (5) $4,000,000 to the Newlands Project Water 

4 Rights Fund for a Federal, State, Pyramid Lake 

5 Paiute Tribe program for the retirement of water 

6 rights pursuant to title II of Public Law 101–618, 

7 the Truckee-Carson-Pyramid Lake Water Rights 

8 Settlement Act; 

9 (6) $3,000,000 to be transferred to the Depart10 ment of the Interior, Fish and Wildlife Service, to 

11 analyze in cooperation and consultation with exter12 nal experts, the impacts of low water flows on repro13 duction at the Walker Lake fishery, including means 

14 to prevent permanent effects on the fishery from low 

15 water flows; 

16 (7) $5,000,000 for the State of Nevada to pre17 pare watershed inventories, with a particular focus 

18 on the Walker and Carson Basins; 

19 (8) $5,000,000 for joint planning and develop20 ment activities for wastewater and sewer facilities by 

21 the city of Fernley and the Pyramid Lake Paiute 

22 Tribe; and 

23 (9) $500,000 for the Walker River Paiute Tribe 

24 for legal and professional services in support of set-
44 

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1 tling tribal water claims in the Walker River Basin 

2 and to Walker Lake. 

3 SEC. 209. Section 10(a) of the Mni Wiconi Project 

4 Act of 1988 (Public Law 100–516; 102 Stat. 2571; 116 

5 Stat. 3033) is amended in the second sentence by striking 

6 ‘‘2008’’ and inserting ‘‘2013’’. 

7 SEC. 210. TULAROSA BASIN NATIONAL DESALINA8 TION RESEARCH FACILITY. Section 210 of Public Law 

9 108–137 (117 Stat. 1850 ) is amended— 

10 (1) by striking in subsection (a), ‘‘testing and 

11 operation’’ and replacing it with ‘‘and testing’’; and 

12 (2) inserting after subsection (b) the following: 

13 ‘‘(c) The Secretary shall enter into an agreement with 

14 New Mexico State University for the operations, mainte15 nance, and the administration of research activities under16 taken at the Tularosa Basin National Desalination Re17 search Facility. Operation and maintenance shall occur at 

18 full Federal cost and title to the facility shall remain in 

19 the United States.’’. 

20 SEC. 211. Prior to the unilateral termination or re21 moval of cabin or trailer sites on Bureau of Reclamation 

22 lands in North Dakota for the purpose of changing land 

23 use, the Secretary of the Interior is directed to submit a 

24 report describing the action the Committee on Energy and 

25 Natural Resources, United States Senate and the Com-
45 

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1 mittee on Resources, United States House of Representa2 tives: Provided, That the Secretary shall not move forward 

3 with the proposed action until 60 days after the report 

4 is submitted to the Committee Chairmen. 

5 SEC. 212. Section 3507(b) of Public Law 102–575 

6 (106 Stat. 4600) is amended by striking ‘‘$4,660,000’’ 

7 and inserting ‘‘$12,660,000’’. 

8 TITLE III 

9 DEPARTMENT OF ENERGY 

10 ENERGY PROGRAMS 

11 ENERGY EFFICIENCY AND RENEWABLE ENERGY

12 For Department of Energy expenses including the 

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

15 efficiency and renewable energy activities in carrying out 

16 the purposes of the Department of Energy Organization 

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

18 condemnation of any real property or any facility or for 

19 plant or facility acquisition, construction, or expansion, 

20 $1,715,551,000, to remain available until expended: Pro21 vided, That the Secretary is directed to make fiscal year 

22 2008 weatherization funding available from October 1, 

23 2007, through March 31, 2009, for States that submit 

24 plans requesting allocations for all or part of this period. 
46 

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1 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

2 For Department of Energy expenses including the 

3 purchase, construction, and acquisition of plant and cap4 ital equipment, and other expenses necessary for elec5 tricity delivery and energy reliability activities in carrying 

6 out the purposes of the Department of Energy Organiza7 tion Act (42 U.S.C. 7101 et seq.), including the acquisi8 tion or condemnation of any real property or any facility 

9 or for plant or facility acquisition, construction, or expan10 sion, $168,437,000, to remain available until expended. 

11 NUCLEAR ENERGY

12 For Department of Energy expenses including the 

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

15 energy activities in carrying out the purposes of the De16 partment of Energy Organization Act (42 U.S.C. 7101 et 

17 seq.), including the acquisition or condemnation of any 

18 real property or any facility or for plant or facility acquisi19 tion, construction, or expansion, $720,558,000, to remain 

20 available until expended. 

21 LEGACY MANAGEMENT

22 For Department of Energy expenses for Legacy Man23 agement activities, $35,104,000, to remain available until 

24 expended. 
47 

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1 CLEAN COAL TECHNOLOGY

2 (DEFERRAL AND RESCISSION AND TRANSFER)

3 Of the funds made available under this heading for 

4 obligation in prior years, $149,000,000 shall not be avail5 able until October 1, 2008: Provided, That funds made 

6 available in previous appropriations Acts shall be made 

7 available for any ongoing project regardless of the sepa8 rate request for proposal under which the project was se9 lected: Provided further, That $166,000,000 of uncommit10 ted balances are transferred to Fossil Energy Research 

11 and Development to be used until expended. 

12 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

13 For necessary expenses in carrying out fossil energy 

14 research and development activities, under the authority 

15 of the Department of Energy Organization Act (Public 

16 Law 95–91), including the acquisition of interest, includ17 ing defeasible and equitable interests in any real property 

18 or any facility or for plant or facility acquisition or expan19 sion, and for conducting inquiries, technological investiga20 tions and research concerning the extraction, processing, 

21 use, and disposal of mineral substances without objection22 able social and environmental costs (30 U.S.C. 3, 1602, 

23 and 1603), $808,113,000, to remain available until ex24 pended, of which $166,000,000 shall be derived by trans25 fer from ‘‘Clean Coal Technology’’: Provided, That of the 
48 

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1 amounts provided, $88,000,000, of which $73,000,000 

2 shall be derived by transfer from ‘‘Clean Coal Tech3 nology’’, and is available, after coordination with the pri4 vate sector, for a financial assistance solicitation for the 

5 Clean Coal Power Initiative in accordance with section 

6 402 of Public Law 109–58: Provided further, That funds 

7 appropriated for prior solicitations under the Clean Coal 

8 Technology Program, Power Plant Improvement Initia9 tive, and Clean Coal Power Initiative, but not required by 

10 the Department to meet its obligations on projects selected 

11 under such solicitations, may be utilized for the solicita12 tion under this Act in accordance with the requirements 

13 of this Act rather than the Acts under which the funds 

14 were appropriated: Provided further, That no project may 

15 be selected for which full funding is not available to pro16 vide for the total project: Provided further, That financial 

17 assistance for costs in excess of those estimated as of the 

18 date of award of original Clean Coal Power Initiative fi19 nancial assistance may not be provided in excess of the 

20 proportion of costs borne by the Government in the origi21 nal agreement and shall be limited to 25 percent of the 

22 original financial assistance: Provided further, That at 

23 least 50 percent cost-sharing shall be required in each 

24 budget period of a project: Provided further, That in ac25 cordance with section 988(e) of Public Law 109–58, re-
49 

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1 payment of the DOE contribution to a project shall not 

2 be a condition of making an award under this solicitation: 

3 Provided further, That the Secretary may reduce the 

4 amount of required cost sharing in accordance with section 

5 988(c)(2) of Public Law 109–58: Provided further, That 

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

7 for the field testing of nuclear explosives in the recovery 

8 of oil and gas: Provided further, That, in this Act and fu9 ture Acts, up to 4 percent of program direction funds 

10 available to the National Energy Technology Laboratory 

11 may be used to support Department of Energy activities 

12 not included in this account in this Fossil Energy account: 

13 Provided further, That, in this Act and future Acts, the 

14 salaries for Federal employees performing research and 

15 development activities at the National Energy Technology 

16 Laboratory can continue to be funded from any appro17 priate DOE program accounts: Provided further, That rev18 enues and other moneys received by or for the account 

19 of the Department of Energy or otherwise generated by 

20 sale of products in connection with projects of the Depart21 ment appropriated under the Fossil Energy Research and 

22 Development account may be retained by the Secretary 

23 of Energy, to be available until expended, and used only 

24 for plant construction, operation, costs, and payments to 
50 

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1 cost-sharing entities as provided in appropriate cost-shar2 ing contracts or agreements. 

3 NAVAL PETROLEUM AND OIL SHALE RESERVES

4 For expenses necessary to carry out naval petroleum 

5 and oil shale reserve activities, including the hire of pas6 senger motor vehicles, $21,301,000, to remain available 

7 until expended: Provided, That, notwithstanding any other 

8 provision of law, unobligated funds remaining from prior 

9 years shall be available for all naval petroleum and oil 

10 shale reserve activities. 

11 STRATEGIC PETROLEUM RESERVE

12 For necessary expenses for Strategic Petroleum Re13 serve facility development and operations and program 

14 management activities pursuant to the Energy Policy and 

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

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

17 the hire, maintenance, and operation of aircraft, the pur18 chase, repair, and cleaning of uniforms, the reimburse19 ment to the General Services Administration for security 

20 guard services, $163,472,000, to remain available until ex21 pended. 

22 NORTHEAST HOME HEATING OIL RESERVE

23 For necessary expenses for Northeast Home Heating 

24 Oil Reserve storage, operation, and management activities 
51 

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1 pursuant to the Energy Policy and Conservation Act, 

2 $12,825,000, to remain available until expended. 

3 ENERGY INFORMATION ADMINISTRATION

4 For necessary expenses in carrying out the activities 

5 of the Energy Information Administration, $105,095,000, 

6 to remain available until expended. 

7 NON-DEFENSE ENVIRONMENTAL CLEANUP

8 For Department of Energy expenses, including the 

9 purchase, construction, and acquisition of plant and cap10 ital equipment and other expenses necessary for non-de11 fense environmental cleanup activities in carrying out the 

12 purposes of the Department of Energy Organization Act 

13 (42 U.S.C. 7101 et seq.), including the acquisition or con14 demnation of any real property or any facility or for plant 

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

16 purchase of not to exceed three passenger motor vehicles 

17 for replacement only, $195,437,000, to remain available 

18 until expended: Provided, That $13,000,000 is appro19 priated for environmental remediation activities associated 

20 with the Energy Technology and Engineering Center 

21 (ETEC) at the Santa Susana Field Laboratory (SSFL), 

22 subject to the following: (1) the Department (DOE) shall 

23 use a portion of this funding to enter into an interagency 

24 agreement with the Environmental Protection Agency to 

25 conduct a joint comprehensive radioactive site character-
52 

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1 ization of Area IV of the SSFL; (2) the Department shall 

2 ensure that all aspects of the cleanup of radioactive con3 tamination at Area IV of the SSFL comply fully with the 

4 Comprehensive Environmental Response, Compensation 

5 and Liability Act, if applicable; and (3) the Department 

6 shall retain Federal control of ETEC and it shall not be 

7 released for other use until such time as the Department 

8 has complied with actions directed in subsections (1) and 

9 (2). 

10 URANIUM ENRICHMENT DECONTAMINATION AND

11 DECOMMISSIONING FUND

12 For necessary expenses in carrying out uranium en13 richment facility decontamination and decommissioning, 

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

15 Atomic Energy Act of 1954, as amended, and title X, sub16 title A, of the Energy Policy Act of 1992, $573,509,000, 

17 to be derived from the Fund, to remain available until ex18 pended, of which $0 shall be available in accordance with 

19 title X, subtitle A, of the Energy Policy Act of 1992. 

20 SCIENCE

21 For Department of Energy expenses including the 

22 purchase, construction and acquisition of plant and capital 

23 equipment, and other expenses necessary for science ac24 tivities in carrying out the purposes of the Department 

25 of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
53 

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1 cluding the acquisition or condemnation of any real prop2 erty or facility or for plant or facility acquisition, construc3 tion, or expansion, and purchase of not to exceed twenty4 five passenger motor vehicles for replacement only, 

5 $4,496,759,000, to remain available until expended: Pro6 vided, That of the funds appropriated herein, $45,000,000 

7 shall be for the Physical Sciences Facility, Project 07–SC– 

8 05, and other associated construction at the Pacific North9 west National Laboratory, and funds heretofore appro10 priated and held in reserve shall be obligated for expendi11 ture immediately upon enactment of this Act. 

12 NUCLEAR WASTE DISPOSAL

13 For nuclear waste disposal activities to carry out the 

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

15 Law 97–425, as amended (the ‘‘Act’’), including the ac16 quisition of real property or facility construction or expan17 sion, $204,054,000, to remain available until expended, 

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

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

20 Waste Disposal, $5,000,000 shall be provided to the State 

21 of Nevada solely for expenditures, other than salaries and 

22 expenses of State employees, to conduct scientific over23 sight responsibilities and participate in licensing activities 

24 pursuant to the Act: Provided further, That notwith25 standing the lack of a written agreement with the State 
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1 of Nevada under section 117(c) of the Nuclear Waste Pol2 icy Act of 1982, Public Law 97–425, as amended, not less 

3 than $1,200,000 shall be provided to Nye County, Nevada, 

4 for on-site oversight activities under section 117(d) of that 

5 Act: Provided further, That $9,000,000 shall be provided 

6 to affected units of local government, as defined in the 

7 Act, to conduct appropriate activities and participate in 

8 licensing activities: Provided further, That of the 

9 $9,000,000 provided, 7.5 percent of the funds provided 

10 shall be made available to affected units of local govern11 ment in California with the balance made available to af12 fected units of local government in Nevada for distribution 

13 as determined by the Nevada units of local government. 

14 This funding shall be provided to affected units of local 

15 government, as defined in the Act, to conduct appropriate 

16 activities and participate in licensing activities. The Com17 mittee requires the entities to certify that within 90 days 

18 of the completion of each Federal fiscal year, the Nevada 

19 Division of Emergency Management and the Governor of 

20 the State of Nevada and each of the affected units of local 

21 government shall provide certification to the Department 

22 of Energy that all funds expended from such payments 

23 have been expended for the activities authorized by the 

24 Act and this Act: Provided, That notwithstanding the pro25 visions of chapters 65 and 75 of title 31, United States 
55 

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1 Code, the Department shall have no monitoring, auditing 

2 or other oversight rights or responsibilities over amounts 

3 provided to affected units of local government in this or 

4 any previous year: Provided further, That the funds for 

5 the State of Nevada shall be made available solely to the 

6 Nevada Division of Emergency Management by direct 

7 payment and to units of local government by direct pay8 ment: Provided further, That within 90 days of the comple9 tion of each Federal fiscal year, the Nevada Division of 

10 Emergency Management and the Governor of the State 

11 of Nevada and each of the affected units of local govern12 ment shall provide certification to the Department of En13 ergy that all funds expended from such payments have 

14 been expended for activities authorized by the Act and this 

15 Act: Provided further, That failure to provide such certifi16 cation shall cause such entity to be prohibited from any 

17 further funding provided for similar activities: Provided 

18 further, That none of the funds herein appropriated may 

19 be: (1) used directly or indirectly to influence legislative 

20 action, except for normal and recognized executive-legisla21 tive communications, on any matter pending before Con22 gress or a State legislature or for lobbying activity as pro23 vided in 18 U.S.C. 1913; (2) used for litigation expenses; 

24 or (3) used to support multi-State efforts or other coali25 tion building activities inconsistent with the restrictions 
56 

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1 contained in this Act: Provided further, That all proceeds 

2 and recoveries realized by the Secretary in carrying out 

3 activities authorized by the Act, including but not limited 

4 to, any proceeds from the sale of assets, shall be available 

5 without further appropriation and shall remain available 

6 until expended: Provided further, That no funds provided 

7 in this Act or any previous Act may be used to pursue 

8 repayment or collection of funds provided in any fiscal 

9 year to affected units of local government for oversight 

10 activities that had been previously approved by the De11 partment of Energy, or to withhold payment of any such 

12 funds. 

13 INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM

14 For fiscal year 2008, for the cost of the guaranteed 

15 loans as authorized by section 1702(b)(2) of the Energy 

16 Policy Act of 2005, such sums as are hereafter derived 

17 from amounts received from borrowers pursuant to section 

18 1702(b)(2) of that Act, to remain available until expended: 

19 Provided, That the source of such payment received from 

20 borrowers is not a loan other debt obligation that is guar21 anteed by the Federal Government. In addition, for nec22 essary administrative expenses to carry out this Loan 

23 Guarantee Program, $8,390,000, to remain available until 

24 expended: Provided, That fees collected pursuant to sec25 tion 1702(h) shall be credited as offsetting collections to 
57 

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1 this account: Provided further, That any such fees col2 lected shall not be available until appropriated. 

3 DEPARTMENTAL ADMINISTRATION

4 (INCLUDING TRANSFER OF FUNDS)

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

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

11 $308,596,000, to remain available until expended, plus 

12 such additional amounts as necessary to cover increases 

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

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

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

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

19 for miscellaneous revenues estimated to total 

20 $161,818,000 in fiscal year 2008 may be retained and 

21 used for operating expenses within this account, and may 

22 remain available until expended, as authorized by section 

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

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

25 appropriated shall be reduced by the amount of miscella-
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1 neous revenues received during 2008, and any related ap2 propriated receipt account balances remaining from prior 

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

4 fiscal year 2008 appropriation from the general fund esti5 mated at not more than $146,778,000. 

6 OFFICE OF THE INSPECTOR GENERAL

7 For necessary expenses of the Office of the Inspector 

8 General in carrying out the provisions of the Inspector 

9 General Act of 1978, as amended, $47,732,000, to remain 

10 available until expended. 

11 ATOMIC ENERGY DEFENSE ACTIVITIES 

12 NATIONAL NUCLEAR SECURITY ADMINISTRATION

13 WEAPONS ACTIVITIES

14 (INCLUDING TRANSFER OF FUNDS)

15 For Department of Energy expenses, including the 

16 purchase, construction, and acquisition of plant and cap17 ital equipment and other incidental expenses necessary for 

18 atomic energy defense weapons activities in carrying out 

19 the purposes of the Department of Energy Organization 

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

21 condemnation of any real property or any facility or for 

22 plant or facility acquisition, construction, or expansion; 

23 and the purchase of not to exceed 14 passenger motor ve24 hicles, for replacement only, including not to exceed two 

25 buses; $6,489,024,000, to remain available until ex-
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1 pended: Provided, That $95,586,000 is provided for the 

2 04–D–125 Chemistry and Metallurgy facility replacement 

3 project: Provided further, That $45,000,000 is provided 

4 for 08–D–805 Classified Vaults, Los Alamos National 

5 Laboratory to initiate construction. 

6 DEFENSE NUCLEAR NONPROLIFERATION

7 For Department of Energy expenses, including the 

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

10 atomic energy defense, defense nuclear nonproliferation 

11 activities, in carrying out the purposes of the Department 

12 of Energy Organization Act (42 U.S.C. 7101 et seq.), in13 cluding the acquisition or condemnation of any real prop14 erty or any facility or for plant or facility acquisition, con15 struction, or expansion, $1,872,646,000, to remain avail16 able until expended. 

17 NAVAL REACTORS

18 For Department of Energy expenses necessary for 

19 naval reactors activities to carry out the Department of 

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

23 equipment, facilities, and facility expansion, 

24 $808,219,000, to remain available until expended. 
60 

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1 OFFICE OF THE ADMINISTRATOR

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

4 including official reception and representation expenses 

5 not to exceed $12,000, $394,656,000, to remain available 

6 until expended. 

7 ENVIRONMENTAL AND OTHER DEFENSE 

8 ACTIVITIES 

9 DEFENSE ENVIRONMENTAL CLEANUP

10 For Department of Energy expenses, including the 

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

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

17 or for plant or facility acquisition, construction, or expan18 sion, $5,690,380,000, to remain available until expended, 

19 of which $463,000,000 shall be transferred to the ‘‘Ura20 nium Enrichment Decontamination and Decommissioning 

21 Fund’’. 

22 OTHER DEFENSE ACTIVITIES

23 For Department of Energy expenses, including the 

24 purchase, construction, and acquisition of plant and cap25 ital equipment and other expenses, necessary for atomic 
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1 energy defense, other defense activities, and classified ac2 tivities, in carrying out the purposes of the Department 

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

7 ten passenger motor vehicles for replacement only, 

8 $765,464,000, to remain available until expended. 

9 DEFENSE NUCLEAR WASTE DISPOSAL

10 For nuclear waste disposal activities to carry out the 

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

12 the acquisition of real property or facility construction or 

13 expansion, $242,046,000, to remain available until ex14 pended. 

15 POWER MARKETING ADMINISTRATIONS 

16 BONNEVILLE POWER ADMINISTRATION FUND

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

19 are approved for the Lower Granite Dam fish trap, the 

20 Kootenai River White Sturgeon Hatchery, the Nez Perce 

21 Tribal Hatchery, Redfish Lake Sockeye Captive Brood ex22 pansion, hatchery production facilities to supplement Chi23 nook salmon below Chief Joseph Dam in Washington, 

24 Hood River Production Facility, Klickitat production ex25 pansion, Mid Columbia Coho restoration, and Yakama 
62 

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1 Coho restoration, and in addition, for official reception 

2 and representation expenses in an amount not to exceed 

3 $1,500. During fiscal year 2008, no new direct loan obli4 gations may be made. 

5 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

6 ADMINISTRATION

7 For necessary expenses of operation and maintenance 

8 of power transmission facilities and of marketing electric 

9 power and energy, including transmission wheeling and 

10 ancillary services pursuant to section 5 of the Flood Con11 trol Act of 1944 (16 U.S.C. 825s), as applied to the south12 eastern power area, $6,463,000, to remain available until 

13 expended: Provided, That, notwithstanding the provisions 

14 of 31 U.S.C. 3302, beginning in fiscal year 2008 and 

15 thereafter, such funds as are received by the Southeastern 

16 Power Administration from any State, municipality, cor17 poration, association, firm, district, or individual as ad18 vance payment for work that is associated with 

19 Southeastern’s Operations and Maintenance, consistent 

20 with that authorized in section 5 of the Flood Control Act 

21 of 1944, shall be credited to this account and be available 

22 until expended: Provided further, That, notwithstanding 

23 31 U.S.C. 3302, up to $48,413,000 collected by the 

24 Southeastern Power Administration pursuant to the Flood 

25 Control Act of 1944 to recover purchase power and wheel-
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1 ing expenses shall be credited to this account as offsetting 

2 collections, to remain available until expended for the sole 

3 purpose of making purchase power and wheeling expendi4 tures. 

5 OPERATION AND MAINTENANCE, SOUTHWESTERN

6 POWER ADMINISTRATION

7 For necessary expenses of operation and maintenance 

8 of power transmission facilities and of marketing electric 

9 power and energy, for construction and acquisition of 

10 transmission lines, substations and appurtenant facilities, 

11 and for administrative expenses, including official recep12 tion and representation expenses in an amount not to ex13 ceed $1,500 in carrying out section 5 of the Flood Control 

14 Act of 1944 (16 U.S.C. 825s), as applied to the south15 western power administration, $30,442,000, to remain 

16 available until expended: Provided, That, notwithstanding 

17 31 U.S.C. 3302, up to $35,000,000 collected by the 

18 Southwestern Power Administration pursuant to the 

19 Flood Control Act to recover purchase power and wheeling 

20 expenses shall be credited to this account as offsetting col21 lections, to remain available until expended for the sole 

22 purpose of making purchase power and wheeling expendi23 tures. 
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1 CONSTRUCTION, REHABILITATION, OPERATION AND

2 MAINTENANCE, WESTERN AREA POWER ADMINIS3 TRATION

4 For carrying out the functions authorized by title III, 

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

6 U.S.C. 7152), and other related activities including con7 servation and renewable resources programs as author8 ized, including official reception and representation ex9 penses in an amount not to exceed $1,500; $231,030,000, 

10 to remain available until expended, of which $221,094,000 

11 shall be derived from the Department of the Interior Rec12 lamation Fund: Provided, That of the amount herein ap13 propriated, $7,167,000 is for deposit into the Utah Rec14 lamation Mitigation and Conservation Account pursuant 

15 to title IV of the Reclamation Projects Authorization and 

16 Adjustment Act of 1992: Provided further, That notwith17 standing the provision of 31 U.S.C. 3302, up to 

18 $308,702,000 collected by the Western Area Power Ad19 ministration pursuant to the Flood Control Act of 1944 

20 and the Reclamation Project Act of 1939 to recover pur21 chase power and wheeling expenses shall be credited to 

22 this account as offsetting collections, to remain available 

23 until expended for the sole purpose of making purchase 

24 power and wheeling expenditures. 
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1 FALCON AND AMISTAD OPERATING AND MAINTENANCE

2 FUND

3 For operation, maintenance, and emergency costs for 

4 the hydroelectric facilities at the Falcon and Amistad 

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

6 and to be derived from the Falcon and Amistad Operating 

7 and Maintenance Fund of the Western Area Power Ad8 ministration, as provided in section 423 of the Foreign 

9 Relations Authorization Act, Fiscal Years 1994 and 1995. 

10 FEDERAL ENERGY REGULATORY COMMISSION

11 SALARIES AND EXPENSES

12 For necessary expenses of the Federal Energy Regu13 latory Commission to carry out the provisions of the De14 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

16 the hire of passenger motor vehicles, and official reception 

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

18 $255,425,000, to remain available until expended: Pro19 vided, That notwithstanding any other provision of law, 

20 not to exceed $255,425,000 of revenues from fees and an21 nual charges, and other services and collections in fiscal 

22 year 2008 shall be retained and used for necessary ex23 penses in this account, and shall remain available until 

24 expended: Provided further, That the sum herein appro25 priated from the general fund shall be reduced as revenues 
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1 are received during fiscal year 2008 so as to result in a 

2 final fiscal year 2008 appropriation from the general fund 

3 estimated at not more than $0. 

4 GENERAL PROVISIONS, DEPARTMENT OF 

5 ENERGY 

6 SEC. 301. CONTRACT COMPETITION. (a)(1) None of 

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

8 year 2008 or any previous fiscal year may be used to make 

9 payments for a noncompetitive management and operating 

10 contract unless the Secretary of Energy has published in 

11 the Federal Register and submitted to the Committees on 

12 Appropriations of the House of Representatives and the 

13 Senate a written notification, with respect to each such 

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

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

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

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

18 up to 2 years of a noncompetitive management and oper19 ating contract, if the extension is for purposes of allowing 

20 time to award competitively a new contract, to provide 

21 continuity of service between contracts, or to complete a 

22 contract that will not be renewed. 

23 (b) In this section: 

24 (1) The term ‘‘noncompetitive management and 

25 operating contract’’ means a contract that was 
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1 awarded more than 50 years ago without competi2 tion for the management and operation of Ames 

3 Laboratory, Argonne National Laboratory, Lawrence 

4 Berkeley National Laboratory, Lawrence Livermore 

5 National Laboratory, and Los Alamos National Lab6 oratory. 

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

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

10 includes procedures described in section 303 of the 

11 Federal Property and Administrative Services Act of 

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

13 solicits a proposal from only one source. 

14 (c) For all management and operating contracts 

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

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

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

19 and operating contract, unless such contract is awarded 

20 using competitive procedures or the Secretary of Energy 

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

22 a deviation. The Secretary may not delegate the authority 

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

24 award for which the Secretary intends to grant such a 

25 waiver, the Secretary shall submit to the Committees on 
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1 Appropriations of the House of Representatives and the 

2 Senate a report notifying the Committees of the waiver 

3 and setting forth, in specificity, the substantive reasons 

4 why the Secretary believes the requirement for competition 

5 should be waived for this particular award. 

6 SEC. 302. WORKFORCE RESTRUCTURING. None of 

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

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

10 of Energy; or 

11 (2) provide enhanced severance payments or 

12 other benefits for employees of the Department of 

13 Energy, under section 3161 of the National Defense 

14 Authorization Act for Fiscal Year 1993 (Public Law 

15 102–484; 42 U.S.C. 7274h). 

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

17 funds appropriated by this Act may be used to augment 

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

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

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

23 submits a reprogramming request to the appropriate con24 gressional committees. 
69 

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1 SEC. 304. UNFUNDED REQUESTS FOR PROPOSALS. 

2 None of the funds appropriated by this Act may be used 

3 to prepare or initiate Requests For Proposals (RFPs) for 

4 a program if the program has not been funded by Con5 gress. 

6 SEC. 305. UNEXPEND BALANCES. The unexpended 

7 balances of prior appropriations provided for activities in 

8 this Act may be available to the same appropriation ac9 counts for such activities established pursuant to this title. 

10 Available balances may be merged with funds in the appli11 cable established accounts and thereafter may be ac12 counted for as one fund for the same time period as origi13 nally enacted. 

14 SEC. 306. BONNEVILLE POWER AUTHORITY SERV15 ICE TERRITORY. None of the funds in this or any other 

16 Act for the Administrator of the Bonneville Power Admin17 istration may be used to enter into any agreement to per18 form energy efficiency services outside the legally defined 

19 Bonneville service territory, with the exception of services 

20 provided internationally, including services provided on a 

21 reimbursable basis, unless the Administrator certifies in 

22 advance that such services are not available from private 

23 sector businesses. 

24 SEC. 307. USER FACILITIES. When the Department 

25 of Energy makes a user facility available to universities 
70 

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1 or other potential users, or seeks input from universities 

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

5 such availability or such need for input to universities and 

6 other potential users. When the Department of Energy 

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

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

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

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

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

17 designated by the Department as a user facility. 

18 SEC. 308. INTELLIGENCE ACTIVITIES. Funds appro19 priated by this or any other Act, or made available by the 

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

21 deemed to be specifically authorized by the Congress for 

22 purposes of section 504 of the National Security Act of 

23 1947 (50 U.S.C. 414) during fiscal year 2008 until the 

24 enactment of the Intelligence Authorization Act for fiscal 

25 year 2008. 
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1 SEC. 309. LABORATORY DIRECTED RESEARCH AND

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

4 contractor-operator operated laboratories funded in this 

5 Act or subsequent Energy and Water Development Appro6 priations Acts, the Secretary may authorize a specific 

7 amount, not to exceed 8 percent of such funds, to be used 

8 by such laboratories for laboratory-directed research and 

9 development: Provided, That the Secretary may also au10 thorize a specific amount not to exceed 4 percent of such 

11 funds, to be used by the plant manager of a covered nu12 clear weapons production plant or the manager of the Ne13 vada Site Office for plant or site-directed research and de14 velopment: Provided further, That notwithstanding De15 partment of Energy order 413.2A, dated January 8, 2001, 

16 beginning in fiscal year 2006 and thereafter, all DOE lab17 oratories may be eligible for laboratory directed research 

18 and development funding. 

19 SEC. 310. For fiscal year 2008, except as otherwise 

20 provided by law in effect as of the date of this Act or 

21 unless a rate is specifically set by an Act of Congress 

22 thereafter, the Administrators of the Southeastern Power 

23 Administration, the Southwestern Power Administration, 

24 and the Western Area Power Administration, shall use the 

25 ‘‘yield’’ rate in computing interest during construction and 
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1 interest on the unpaid balance of the costs of Federal 

2 power facilities. The yield rate shall be defined as the aver3 age yield during the preceding fiscal year on interest-bear4 ing marketable securities of the United States which, at 

5 the time the computation is made, have terms of 15 years 

6 or more remaining to maturity. 

7 SEC. 311. The Use Permit granted to the contractor 

8 for activities conducted at the Pacific Northwest National 

9 Laboratory by Agreement DE–GM05–00RL01831 be10 tween the Department of Energy and the contractor shall 

11 continue in effect during the term of the existing Oper12 ating Contract and the extensions or renewals thereof and 

13 shall be incorporated into any future management and op14 erating contract for the Pacific Northwest National Lab15 oratory and such Use Permit may not be waived, modified 

16 or terminated unless agreed to by both contractor and the 

17 Department of Energy. 

18 SEC. 312. None of the funds made available under 

19 this or any other Act shall be used during fiscal year 2008 

20 to make, or plan or prepare to make, any payment on 

21 bonds issued by the Administrator of the Bonneville Power 

22 Administration (referred in this section as the ‘‘Adminis23 trator’’) or for an appropriated Federal Columbia River 

24 Power System investment, if the payment is both— 
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1 (1) greater, during any fiscal year, than the 

2 payments calculated in the rate hearing of the Ad3 ministrator to be made during that fiscal year using 

4 the repayment method used to establish the rates of 

5 the Administrator as in effect on October 1, 2006; 

6 and 

7 (2) based or conditioned on the actual or ex8 pected net secondary power sales receipts of the Ad9 ministrator. 

10 SEC. 313. EXPANSION OF STRATEGIC PETROLEUM

11 RESERVE. (a) IN GENERAL.—Section 999H(a) of the En12 ergy Policy Act of 2005 (42 U.S.C. 16378(a)) is amend13 ed— 

14 (1) in the first sentence, by striking ‘‘For each 

15 of fiscal years’’ and inserting the following: ‘‘(1) IN

16 GENERAL.—Except as provided in paragraph (2), for 

17 each of fiscal years’’; 

18 (2) in the second sentence, by striking ‘‘For 

19 purposes of this’’ and inserting the following: ‘‘(3) 

20 DEFINITION OF ROYALTIES.—In this’’; and 

21 (3) by inserting after paragraph (1) (as des22 ignated by paragraph (1)) the following: 

23 ‘‘(2) STRATEGIC PETROLEUM RESERVE.—For 

24 fiscal year 2008 the Secretary of Energy shall direct 

25 not more than $25,000,000 from Federal royalties, 
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1 rents, and bonuses described in paragraph (1) shall 

2 be used to carry out land acquisition activities for 

3 the Strategic Petroleum Reserve required under sec4 tion 301(e)(1).’’. 

5 (b) LOUISIANA, TEXAS, AND MISSISSIPPI.—The Sec6 retary of Energy shall use not more than $25,000,000 

7 from the accounts made available under section 1001(e) 

8 of the Energy Policy Act of 2005 (42 U.S.C. 16391(e)) 

9 for fiscal year 2008 to support the land acquisition of the 

10 Strategic Petroleum Reserve at Bayou Choctaw, Lou11 isiana; Big Hill, Texas; and Richton, Mississippi; to meet 

12 the 1,000,000,000 barrel capacity required under section 

13 301(e)(1) of that Act (42 U.S.C. 6240 note; Public Law 

14 109–58). 

15 (c) The Secretary of Energy is not authorized to 

16 begin contracting for filling the new capacity of the Stra17 tegic Petroleum Reserve, either through means of pur18 chase or royalty-in-kind, until such time as the Secretary 

19 certifies construction is complete. 

20 TITLE IV 

21 INDEPENDENT AGENCIES 

22 APPALACHIAN REGIONAL COMMISSION

23 For expenses necessary to carry out the programs au24 thorized by the Appalachian Regional Development Act of 

25 1965, as amended, not withstanding 40 U.S.C. 14704, 
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1 and, for necessary expenses for the Federal Co-Chairman 

2 and the alternate on the Appalachian Regional Commis3 sion, for payment of the Federal share of the administra4 tive expenses of the Commission, including services as au5 thorized by 5 U.S.C. 3109, and hire of passenger motor 

6 vehicles, $75,000,000, to remain available until expended: 

7 Provided, That any congressionally directed spending shall 

8 be taken from within that State’s allocation in the fiscal 

9 year in which it is provided. 

10 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

11 SALARIES AND EXPENSES

12 For necessary expenses of the Defense Nuclear Fa13 cilities Safety Board in carrying out activities authorized 

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

15 Law 100–456, section 1441, $22,499,000, to remain 

16 available until expended. 

17 DELTA REGIONAL AUTHORITY

18 SALARIES AND EXPENSES

19 For necessary expenses of the Delta Regional Author20 ity and to carry out its activities, as authorized by the 

21 Delta Regional Authority Act of 2000, as amended, not22 withstanding sections 382C(b)(2), 382F(d), and 382M(b) 

23 of said Act, $12,000,000, to remain available until ex24 pended. 
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1 DENALI COMMISSION

2 For expenses of the Denali Commission including the 

3 purchase, construction and acquisition of plant and capital 

4 equipment as necessary and other expenses, $31,800,000, 

5 to remain available until expended, nothwithstanding the 

6 limitations contained in section 306(g) of the Denali Com7 mission Act of 1998. 

8 NUCLEAR REGULATORY COMMISSION

9 SALARIES AND EXPENSES

10 For necessary expenses of the Commission in car11 rying out the purposes of the Energy Reorganization Act 

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

13 as amended, including official representation expenses not 

14 to exceed $19,000, $910,559,000, to remain available 

15 until expended: Provided, That of the amount appro16 priated herein, $37,250,000 shall be derived from the Nu17 clear Waste Fund: Provided further, That revenues from 

18 licensing fees, inspection services, and other services and 

19 collections estimated at $757,720,000 in fiscal year 2008 

20 shall be retained and used for necessary salaries and ex21 penses in this account, notwithstanding 31 U.S.C. 3302, 

22 and shall remain available until expended: Provided fur23 ther, That the sum herein appropriated shall be reduced 

24 by the amount of revenues received during fiscal year 
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1 2008 so as to result in a final fiscal year 2008 appropria2 tion estimated at not more than $152,839,000. 

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses of the Office of Inspector 

5 General in carrying out the provisions of the Inspector 

6 General Act of 1978, as amended, $8,744,000, to remain 

7 available until expended: Provided, That revenues from li8 censing fees, inspection services, and other services and 

9 collections estimated at $7,870,000 in fiscal year 2008 

10 shall be retained and be available until expended, for nec11 essary salaries and expenses in this account, notwith12 standing 31 U.S.C. 3302: Provided further, That the sum 

13 herein appropriated shall be reduced by the amount of rev14 enues received during fiscal year 2008 so as to result in 

15 a final fiscal year 2008 appropriation estimated at not 

16 more than $874,000. 

17 NUCLEAR WASTE TECHNICAL REVIEW BOARD

18 SALARIES AND EXPENSES

19 For necessary expenses of the Nuclear Waste Tech20 nical Review Board, as authorized by Public Law 100– 

21 203, section 5051, $3,621,000, to be derived from the Nu22 clear Waste Fund, and to remain available until expended. 

23 OFFICE OF THE FEDERAL COORDINATOR FOR ALASKA

24 NATURAL GAS TRANSPORTATION PROJECTS

25 For necessary expenses for the Office of the Federal 

26 Coordinator for Alaska Natural Gas Transportation 
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1 Projects pursuant to the Alaska Natural Gas Pipeline Act 

2 of 2004, $2,322,000. 

3 GENERAL PROVISION, INDEPENDENT AGENCIES

4 SEC. 401. Section 2(f)(2) of the Tennessee Valley Au5 thority Act of 1933 (16 U.S.C. 831a(f)(2)) is amended 

6 by striking the phrase ‘‘stipend under paragraph 

7 (1)(A)(i)’’ and inserting in lieu thereof ‘‘stipends under 

8 paragraph (1)(A)’’. 

9 TITLE V 

10 GENERAL PROVISIONS 

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

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

13 congressional action on any legislation or appropriation 

14 matters pending before Congress, other than to commu15 nicate to Members of Congress as described in 18 U.S.C. 

16 1913. 

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

18 Act may be transferred to any department, agency, or in19 strumentality of the United States Government, except 

20 pursuant to a transfer made by, or transfer authority pro21 vided in this Act or any other appropriation Act. 

22 This Act may be cited as the ‘‘Energy and Water De23 velopment Appropriations Act, 2008’’. 

Calendar No. 263 

110TH CONGRESS 

1ST SESSION S. 1751 

[Report No. 110–127] 

A BILL 

Making appropriations for energy and water devel2008, and for other purposes. opment for the fiscal year ending September 30, 

JULY 9, 2007 

Read twice and placed on the calendar