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ceptance Priority Ranking established under 
part 961 of title 10, Code of Federal Regulations. 
(c) TRANSPORTATION.—The Secretary shall provide 
for the transportation of spent nuclear fuel and high-level 
radioactive waste accepted by the Secretary. The Secretary 
shall procure all systems and components necessary to 
transport spent nuclear fuel and high-level radioactive 
waste from facilities designated by contract holders to the 
consolidation and preparation facilities. Transportation of 
spent nuclear fuel under this section shall be subject to li-
censing and regulation by the Commission and by the Sec-
retary of Transportation as provided for transportation of 
commercial spent nuclear fuel under existing law. 
(d) DESIGNATION AND CONSTRUCTION OF CONSOLIDA-
TION AND PREPARATION FACILITY SITES.— 
(1) DESIGNATION OF CONSOLIDATION AND PREP-
ARATION FACILITY SITES.— 
(A) Within 90 days of the issuance of the 
report under paragraph (4)(C), the Secretary, in 
consultation with the Governor of each State 
containing the site of a civilian nuclear power 
reactor, shall designate an eligible site within 
that State for the location of a consolidation and 
preparation facility for spent nuclear fuel stored 
within that State, unless the Secretary deter-
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mines that designation of such a site is not fea-
sible or desirable. During the consultation, the 
Governor may nominate an eligible site or sites. 
(B) Within 90 days of the issuance of the 
report under paragraph (4)(C), the Secretary 
may determine that it is in the national interest 
to locate a regional consolidation and prepara-
tion facility and on that basis designate an eligi-
ble site for that purpose, except that no eligible 
site shall be designated for a regional consolida-
tion and preparation facility in a State in 
which a site has been designated pursuant to 
(1)(A). 
(2) ELIGIBLE SITES.—Subject to the limitations 
set forth in subsection (3), any site that is within a 
State that contains a civilian nuclear power reactor 
that is owned by the Federal Government or that can 
be purchased by the Federal government from any 
willing seller is eligible for designation by the Sec-
retary pursuant to (d)(1). 
(3) INELIGIBLE
SITES.—No site can be des-
ignated for the location, construction and operation of 
a consolidation and preparation facility for spent nu-
clear fuel—
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(A) in any State in which there is located 
any site selected for a repository under section 
115 of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10101 et seq.); 
(B) in any State in which the Nuclear Reg-
ulatory Commission has authorized the construc-
tion and operation of commercial, away from re-
actor, above ground dry cask storage facility for 
spent nuclear fuel that is currently authorized to 
receive additional spent nuclear fuel; or 
(C) which includes lands within the Na-
tional Park System, National Forests or Wildlife 
Refuges or lands managed by the Bureau of 
Land Management that are within a conserva-
tion system unit. 
(4) DIRECTOR OF CONSOLIDATION AND PREPARA-
TION.— 
(A) Within 60 days of enactment of this 
Act, the Secretary shall designate a Director of 
Consolidation and Preparation. 
(B) Within 180 days of enactment of this 
Act, the Director of Consolidation and Prepara-
tion, in consultation with the Governor of each 
State containing the site of a civilian nuclear 
power reactor, shall evaluate the feasibility and
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desirability of locating a consolidation and prep-
aration facility within each State containing a 
civilian nuclear power reactor, and shall make 
recommendations to the Secretary regarding 
methods to most efficiently and expeditiously lo-
cate such a facility in each State containing a 
civilian nuclear power reactor. 
(C) The Coordinator shall issue a report of 
findings to the Secretary and such report shall 
be provided to the relevant Congressional Com-
mittees of jurisdiction, and published in the Fed-
eral Register for comment. 
(5) LICENSE
APPLICATION.—No later than 30 
days after the date on which the Secretary designates 
a consolidation and preparation facility site under 
paragraphs (1)(A) or (1)(B) of this subsection, the 
Secretary shall submit a license application and an 
environmental report to the Commission in accord-
ance with applicable regulations (subpart B of part 
72 of title 10, Code of Federal Regulations, and sub-
part A of part 51 of title 10, Code of Federal Regula-
tions, respectively). The license application shall be 
for a term of 25 years, and the license shall be non- 
renewable. 
(6) DESIGN.—
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(A) The design for the consolidation and 
preparation facilities shall provide for the use of 
storage technologies which are licensed, approved, 
or certified by the Commission, to ensure com-
patibility between the consolidation and prepa-
ration facilities and contract holders’ spent nu-
clear fuel and facilities. 
(B) The Secretary shall consent to an 
amendment to the contracts to provide for reim-
bursement to contract holders for transportable 
storage systems purchased by contract holders if 
the Secretary determines that it is cost effective 
to use such transportable storage systems, pro-
vided that the Secretary shall not be required to 
expend any funds to modify contract holders’ 
storage or transport systems or to seek additional 
regulatory approvals in order to use such sys-
tems. 
(7) AUTHORIZATION.—There is authorized to be 
appropriated to carry out this subsection $10,000,000 
for each of fiscal years 2007 through 2011. 
(e) LICENSE AMENDMENTS.—The Secretary may seek 
such amendments to the licenses for the consolidation and 
preparation facilities as the Secretary may deem appro-
priate, including amendments to use new storage tech-
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nologies licensed by the Commission or to respond to 
changes in Commission regulations. 
(f) COMMISSION ACTIONS.— 
(1) The issuance of a license to construct and op-
erate the consolidation and preparation facilities 
shall be considered a major Federal action signifi-
cantly affecting the quality of the human environment 
for purposes of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). Prior to issuing 
a license under this section, the Commission shall pre-
pare a final environmental impact statement in ac-
cordance with the National Environmental Policy Act 
of 1969, the Commission’s regulations. The Commis-
sion shall ensure that this environmental impact 
statement is consistent with the scope of the licensing 
action and shall analyze the impacts of transpor-
tation of spent nuclear fuel and high-level radioactive 
waste to the consolidation and preparation facility. 
(2) CONSIDERATION.—Such environmental im-
pact statement shall not consider the environmental 
impacts of the storage of spent nuclear fuel and high- 
level radioactive waste at the consolidation and prep-
aration facility beyond the term of the license. 
(g) PRELIMINARY DECISIONMAKING ACTIVITIES.—The 
Secretary’s activities under this section, including, but not
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limited to, the selection of sites for the consolidation and 
preparation facilities, assessments, the preparation and 
submittal of a license application and supporting docu-
mentation, the construction and use of a facility licensed 
by the Commission pursuant to this section shall be consid-
ered preliminary decisionmaking activities for purposes of 
judicial review. The Secretary shall not prepare an environ-
mental impact statement under section 102(2)(C) of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)) or any environmental review under subpara-
graph (E) or (F) of such Act before conducting these activi-
ties. 
(h) JUDICIAL REVIEW.—Judicial review of the Com-
mission’s environmental impact statement under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) shall be consolidated with judicial review of the 
Commission’s licensing decision. 
(i) LICENSING DEADLINE.—The Commission shall 
issue a final decision granting or denying a license for a 
consolidation and preparation facility not later than 32 
months after the date of submittal of the application for 
such license. 
(j) WASTE CONFIDENCE.—The provisions of this Act, 
and the Secretary’s obligation to develop a repository in 
accordance with the provisions of the Nuclear Waste Policy
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Act of 1982 (42 U.S.C. 10101 et seq.), shall provide suffi-
cient and independent grounds for any further findings by 
the Commission of reasonable assurance that spent nuclear 
fuel and high-level radioactive waste will be disposed of 
safely and on a timely basis for purposes of the Commis-
sion’s decision to grant or amend any license to operate 
any civilian nuclear power reactor under the Atomic En-
ergy Act of 1954 (42 U.S.C. 2011, et seq.). 
(k) EXPENDITURES FROM
THE NUCLEAR WASTE 
FUND.—Notwithstanding the provisions of section 302(d) 
of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10222(d)), the Secretary shall make expenditures from the 
Waste Fund for the identification, development, licensing, 
construction, operation, decommissioning of any consolida-
tion and preparation facility constructed under this section, 
any costs that may be incurred by the Secretary in connec-
tion with the transportation, treating, or packaging of spent 
nuclear fuel or high-level radioactive waste to be stored in 
a consolidation and preparation facility authorized under 
this section and any cost that may be incurred as a result 
of the Secretary’s obligation to accept and store high level 
nuclear waste and spent fuel under subsection (b)(1) of this 
section. 
(l) CONSOLIDATION AND PREPARATION FUND.—Sec-
tion 136 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
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10157) shall not apply to consolidation and preparation 
facilities authorized under this Act. 
SEC. 314. NUCLEAR MEDICINE. For fiscal year 2007, 
the Secretary shall use funding provided by section 1001(e) 
of title X of the Energy Policy Act of 2005, to support nu-
clear medicine research within the Office of Science, Bio-
logical and Environmental Research program. 
TITLE IV 
INDEPENDENT AGENCIES 
APPALACHIAN REGIONAL COMMISSION 
For expenses necessary to carry out the programs au-
thorized by the Appalachian Regional Development Act of 
1965, as amended, not withstanding 40 U.S.C. 14704, and, 
for necessary expenses for the Federal Co-Chairman and the 
alternate on the Appalachian Regional Commission, for 
payment of the Federal share of the administrative expenses 
of the Commission, including services as authorized by 5 
U.S.C. 3109, and hire of passenger motor vehicles, 
$65,472,000, to remain available until expended: Provided, 
That any congressionally directed spending shall be taken 
from within that State’s allocation in the fiscal year in 
which it is provided.
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DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Defense Nuclear Facili-
ties Safety Board in carrying out activities authorized by 
the Atomic Energy Act of 1954, as amended by Public Law 
100–456, section 1441, $22,260,000, to remain available 
until expended. 
DELTA REGIONAL AUTHORITY 
SALARIES AND EXPENSES 
For necessary expenses of the Delta Regional Authority 
and to carry out its activities, as authorized by the Delta 
Regional Authority Act of 2000, as amended, notwith-
standing sections 382C(b)(2), 382F(d), and 382M(b) of said 
Act, $12,000,000, to remain available until expended. 
DENALI COMMISSION 
For expenses of the Denali Commission including the 
purchase, construction and acquisition of plant and capital 
equipment as necessary and other expenses, $50,000,000, to 
remain available until expended, nothwithstanding the lim-
itations contained in section 306(g) of the Denali Commis-
sion Act of 1998. 
NUCLEAR REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Commission in carrying 
out the purposes of the Energy Reorganization Act of 1974,
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as amended, and the Atomic Energy Act of 1954, as amend-
ed, including official representation expenses not to exceed 
$19,000, $808,410,000, to remain available until expended: 
Provided, That of the amount appropriated herein, 
$40,981,840 shall be derived from the Nuclear Waste Fund: 
Provided further, That revenues from licensing fees, inspec-
tion services, and other services and collections estimated 
at $656,328,000 in fiscal year 2007 shall be retained and 
used for necessary salaries and expenses in this account, 
notwithstanding 31 U.S.C. 3302, and shall remain avail-
able until expended: Provided further, That the sum herein 
appropriated shall be reduced by the amount of revenues 
received during fiscal year 2007 so as to result in a final 
fiscal year 2007 appropriation estimated at not more than 
$152,082,000. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General 
Act of 1978, as amended, $8,144,000, to remain available 
until expended: Provided, That revenues from licensing fees, 
inspection services, and other services and collections esti-
mated at $7,330,000 in fiscal year 2007 shall be retained 
and be available until expended, for necessary salaries and 
expenses in this account, notwithstanding 31 U.S.C. 3302: 
Provided further, That the sum herein appropriated shall 
be reduced by the amount of revenues received during fiscal
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year 2007 so as to result in a final fiscal year 2007 appro-
priation estimated at not more than $814,000. 
NUCLEAR WASTE TECHNICAL REVIEW BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Nuclear Waste Technical 
Review Board, as authorized by Public Law 100–203, sec-
tion 5051, $3,670,000, to be derived from the Nuclear Waste 
Fund, and to remain available until expended. 
GENERAL PROVISIONS, INDEPENDENT AGENCIES 
SEC. 401. Section 306(c)(1) of title III as contained 
in division C of the Omnibus Consolidated and Emergency 
Supplemental Appropriations Act of 1999 (Public Law 
105–277) is amended by inserting ‘‘and terminate’’ after 
‘‘appoint’’. 
Sec. 402. Section 309(a) of title III as contained in 
division C of the Omnibus Consolidated and Emergency 
Supplemental Appropriations Act of 1999 (Public Law 
105–277) is amended by striking ‘‘2000, 2001, 2002, and 
2003’’ and inserting in lieu thereof: ‘‘2007, 2008, 2009, 
2010, and 2011.’’. 
TITLE V 
GENERAL PROVISIONS 
SEC. 501. None of the funds appropriated by this Act 
may be used in any way, directly or indirectly, to influence 
congressional action on any legislation or appropriation
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matters pending before Congress, other than to commu-
nicate to Members of Congress as described in 18 U.S.C. 
1913. 
SEC. 502. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except pur-
suant to a transfer made by, or transfer authority provided 
in this Act or any other appropriation Act. 
SEC. 503. Notwithstanding part 750 of title 23, Code 
of Federal Regulations (or a successor regulation), if per-
mitted by State law, a legal nonconforming sign constructed 
in a commercial or industrial area on or after October 22, 
1965, that is or has been damaged or destroyed as a result 
of a natural disaster (as defined in 42 U.S.C. 6195A) that 
occurs after August 1, 2004, may be repaired, replaced or 
reconstructed at the same location to its original height and 
size using like materials. The provisions of this section shall 
not preempt State or local law or ordinance. The Secretary 
shall not reduce or withhold Federal-aid highway funds ap-
portioned to a State that complies with these provisions and 
shall report to the Congress within 36 months with respect 
to the impact of these provisions on the public interest. 
SEC. 504. The fiscal year 2008 budget justifications 
are due to the appropriate Senate Appropriations sub-
committees no later than the day the President’s fiscal year
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2008 budget is released: Provided, That the amount appro-
priated for salaries and expenses for the Office of Manage-
ment and Budget shall be reduced by $100,000 per day for 
each day after the required date that the budget justifica-
tions have not been submitted to the Senate. 
SEC. 505. No funds provided in this Act may be used 
to undertake any engineering evaluations or other studies 
of the potential for multi-purpose storage facilities down-
stream of the confluence of the North and Middle Forks of 
the American River, unless and until the Bureau of Rec-
lamation completes its special report to update the analysis 
of the costs and associated benefits of the Auburn-Folsom 
South Unit of the Central Valley Project, and includes in 
its cost-benefit analysis an assessment of the following: 
(1) an updated evaluation of seismic hazard 
issues, prepared in consultation with the United 
States Geological Survey, including both the seis-
micity of the region and the level of enhanced seismic 
risk associated with creating a reservoir containing 
fluctuating water levels; 
(2) an estimate of the cost-per-acre-foot of new 
water supply provided by the project, and a compari-
son to other potential sources of new supply; and 
(3) an estimate of the project’s additional flood 
control benefits and the cost of those benefits.
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This Act may be cited as the ‘‘Energy and Water Ap-
propriations Act, 2007’’. 
Amend the title so as to read: ‘‘An Act making ap-
propriations for energy and water for the fiscal year end-
ing September 30, 2007, and for other purposes.’’.
Calendar No. 504 
109TH CONGRESS 
2D SESSION 
H.R. 5427 
[Report No. 109–274] 
AN ACT 
Making appropriations for energy and water devel-
opment for the fiscal year ending September 30, 
2007, and for other purposes. 
MAY 25, 2006 
Received; read twice and referred to the Committee on 
Appropriations 
JUNE 29, 2006 
Reported with an amendment and an amendment to the 
title