H. R. 4818—273
at a cost not in excess of those authorized for the Department
of Defense for the same area, when it is determined by the Chief
of the Forest Service that public schools available in the locality
are unable to provide adequately for the education of such depend-
ents.
For fiscal years 2005 and 2006, the Secretary of Agriculture
may authorize the sale of excess buildings, facilities, and other
properties owned by the Forest Service and located on the Wasatch-
Cache National Forest, the revenues of which shall be retained
by the Forest Service and available to the Secretary without further
appropriation and until expended for acquisition and construction
of administrative sites on the Wasatch-Cache National Forest.
DEPARTMENT OF ENERGY
CLEAN COAL TECHNOLOGY
(DEFERRAL)
Of the funds made available under this heading for obligation
in prior years, $257,000,000 shall not be available until October
1, 2005: Provided, That funds made available in previous appropria-
tions Acts shall be available for any ongoing project regardless
of the separate request for proposal under which the project was
selected.
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
For necessary expenses in carrying out fossil energy research
and development activities, under the authority of the Department
of Energy Organization Act (Public Law 95–91), including the
acquisition of interest, including defeasible and equitable interests
in any real property or any facility or for plant or facility acquisition
or expansion, and for conducting inquiries, technological investiga-
tions and research concerning the extraction, processing, use, and
disposal of mineral substances without objectionable social and
environmental costs (30 U.S.C. 3, 1602, and 1603), $579,911,000,
to remain available until expended, of which $4,000,000 is to con-
tinue a multi-year project for construction, renovation, furnishing,
and demolition or removal of buildings at National Energy Tech-
nology Laboratory facilities in Morgantown, West Virginia and Pitts-
burgh, Pennsylvania: Provided, That of the amounts provided,
$18,000,000 is to continue a multi-year project coordinated with
the private sector for FutureGen, without regard to the terms
and conditions applicable to clean coal technology projects: Provided
further, That the initial planning and research stages of the
FutureGen project shall include a matching requirement from non-
Federal sources of at least 20 percent of the costs: Provided further,
That any demonstration component of such project shall require
a matching requirement from non-Federal sources of at least 50
percent of the costs of the component: Provided further, That of
the amounts provided, $50,000,000 is available, after coordination
with the private sector, for a request for proposals for a Clean
Coal Power Initiative providing for competitively-awarded research,
development, and demonstration projects to reduce the barriers
to continued and expanded coal use: Provided further, That no
project may be selected for which sufficient funding is not available
to provide for the total project: Provided further, That funds shall
H. R. 4818—274
be expended in accordance with the provisions governing the use
of funds contained under the heading ‘‘Clean Coal Technology’’
in 42 U.S.C. 5903d: Provided further, That the Department may
include provisions for repayment of Government contributions to
individual projects in an amount up to the Government contribution
to the project on terms and conditions that are acceptable to the
Department including repayments from sale and licensing of tech-
nologies from both domestic and foreign transactions: Provided fur-
ther, That such repayments shall be retained by the Department
for future coal-related research, development and demonstration
projects: Provided further, That any technology selected under this
program shall be considered a Clean Coal Technology, and any
project selected under this program shall be considered a Clean
Coal Technology Project, for the purposes of 42 U.S.C. 7651n, and
chapters 51, 52, and 60 of title 40 of the Code of Federal Regula-
tions: Provided further, That funds shall be expended in accordance
with the provisions governing the use of funds contained under
the heading ‘‘Clean Coal Technology’’ in prior appropriations: Pro-
vided further, That no part of the sum herein made available
shall be used for the field testing of nuclear explosives in the
recovery of oil and gas: Provided further, That up to 4 percent
of program direction funds available to the National Energy Tech-
nology Laboratory may be used to support Department of Energy
activities not included in this account.
NAVAL PETROLEUM AND OIL SHALE RESERVES
For expenses necessary to carry out naval petroleum and oil
shale reserve activities, $18,000,000, to remain available until
expended: Provided, That, notwithstanding any other provision of
law, unobligated funds remaining from prior years shall be available
for all naval petroleum and oil shale reserve activities.
ELK HILLS SCHOOL LANDS FUND
For necessary expenses in fulfilling installment payments under
the Settlement Agreement entered into by the United States and
the State of California on October 11, 1996, as authorized by section
3415 of Public Law 104–106, $36,000,000, to become available on
October 1, 2005 for payment to the State of California for the
State Teachers’ Retirement Fund from the Elk Hills School Lands
Fund.
ENERGY CONSERVATION
For necessary expenses in carrying out energy conservation
activities, $649,092,000, to remain available until expended: Pro-
vided, That $44,798,000 is for State energy program grants pursu-
ant to 42 U.S.C. 6323, notwithstanding section 3003(d)(2) of Public
Law 99–509.
STRATEGIC PETROLEUM RESERVE
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities
pursuant to the Energy Policy and Conservation Act of 1975, as
amended (42 U.S.C. 6201 et seq.), $172,100,000, to remain available
until expended.
H. R. 4818—275
NORTHEAST HOME HEATING OIL RESERVE
For necessary expenses for Northeast Home Heating Oil
Reserve storage, operations, and management activities pursuant
to the Energy Policy and Conservation Act of 2000, $5,000,000,
to remain available until expended.
ENERGY INFORMATION ADMINISTRATION
For necessary expenses in carrying out the activities of the
Energy Information Administration, $85,000,000, to remain avail-
able until expended.
ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY
Appropriations under this Act for the current fiscal year shall
be available for hire of passenger motor vehicles; hire, maintenance,
and operation of aircraft; purchase, repair, and cleaning of uniforms;
and reimbursement to the General Services Administration for secu-
rity guard services.
From appropriations under this Act, transfers of sums may
be made to other agencies of the Government for the performance
of work for which the appropriation is made.
None of the funds made available to the Department of Energy
under this Act shall be used to implement or finance authorized
price support or loan guarantee programs unless specific provision
is made for such programs in an appropriations Act.
The Secretary is authorized to accept lands, buildings, equip-
ment, and other contributions from public and private sources and
to prosecute projects in cooperation with other agencies, Federal,
State, private or foreign: Provided, That revenues and other moneys
received by or for the account of the Department of Energy or
otherwise generated by sale of products in connection with projects
of the Department appropriated under this Act may be retained
by the Secretary of Energy, to be available until expended, and
used only for plant construction, operation, costs, and payments
to cost-sharing entities as provided in appropriate cost-sharing con-
tracts or agreements: Provided further, That the remainder of reve-
nues after the making of such payments shall be covered, into
the Treasury as miscellaneous receipts: Provided further, That any
contract, agreement, or provision thereof entered into by the Sec-
retary pursuant to this authority shall not be executed prior to
the expiration of 30 calendar days (not including any day in which
either House of Congress is not in session because of adjournment
of more than 3 calendar days to a day certain) from the receipt
by the Speaker of the House of Representatives and the President
of the Senate of a full comprehensive report on such project,
including the facts and circumstances relied upon in support of
the proposed project.
No funds provided in this Act may be expended by the Depart-
ment of Energy to prepare, issue, or process procurement documents
for programs or projects for which appropriations have not been
made.
In addition to other authorities set forth in this Act, the Sec-
retary may accept fees and contributions from public and private
sources, to be deposited in a contributed funds account, and pros-
ecute projects using such fees and contributions in cooperation
with other Federal, State or private agencies or concerns.