II 
Calendar No. 504 
109TH CONGRESS 
2D SESSION H.R. 5427 
[Report No. 109–274] 
IN THE SENATE OF THE UNITED STATES 
MAY 25, 2006 
Received; read twice and referred to the Committee on Appropriations 
JUNE 29, 2006 
Reported by Mr. DOMENICI, with an amendment and an amendment to the 
title 
[Strike out all after the enacting clause and insert the part printed in italic] 
AN ACT 
Making appropriations for energy and water development 
for the fiscal year ending September 30, 2007, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
fiscal year ending September 30, 2007, for energy and 
water development and for other purposes, namely:
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TITLE I 
CORPS OF ENGINEERS—CIVIL 
DEPARTMENT OF THE ARMY 
CORPS OF ENGINEERS—CIVIL 
The following appropriations shall be expended under 
the direction of the Secretary of the Army and the super-
vision of the Chief of Engineers for authorized civil func-
tions of the Department of the Army pertaining to rivers 
and harbors, flood control, shore protection and storm 
damage reduction, aquatic ecosystem restoration, and re-
lated purposes. 
INVESTIGATIONS 
For expenses necessary for the collection and study 
of basic information pertaining to river and harbor, flood 
control, shore protection and storm damage reduction, 
aquatic ecosystem restoration, and related projects, re-
study of authorized projects, miscellaneous investigations, 
and, when authorized by law, surveys and detailed studies 
and plans and specifications of projects prior to construc-
tion, $128,000,000, to remain available until expended: 
Provided, That, except as provided in section 101 of this 
Act, the amounts made available under this paragraph 
shall be expended in accordance with the terms and condi-
tions specified in the report accompanying this Act.
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CONSTRUCTION 
(INCLUDING RESCISSION) 
For expenses necessary for the construction of river 
and harbor, flood control, shore protection and storm 
damage reduction, aquatic ecosystem restoration, and re-
lated projects authorized by law; for conducting detailed 
studies, and plans and specifications, of such projects (in-
cluding those involving participation by States, local gov-
ernments, or private groups) authorized or made eligible 
for selection by law (but such detailed studies, and plans 
and specifications, shall not constitute a commitment of 
the Government to construction); $1,947,171,000, to re-
main available until expended; of which such sums as are 
necessary pursuant to Public Law 99–662 shall be derived 
from the Inland Waterways Trust Fund, to cover one-half 
of the costs of construction and rehabilitation of inland 
waterways projects; and of which $8,000,000 shall be ex-
clusively for projects and activities authorized under sec-
tion 107 of the River and Harbor Act of 1960; and of 
which $2,000,000 shall be exclusively for projects and ac-
tivities authorized under section 103 of the River and Har-
bor Act of 1962; and of which $29,933,000 shall be exclu-
sively available for projects and activities authorized under 
section 205 of the Flood Control Act of 1948; and of 
which $15,000,000 shall be exclusively for projects and ac-
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tivities authorized under section 14 of the Flood Control 
Act of 1946; and of which $25,000,000 shall be exclusively 
for projects and activities authorized under section 1135 
of the Water Resources Development Act of 1986; and of 
which $25,000,000 shall be exclusively for projects and ac-
tivities authorized under section 206 of the Water Re-
sources
Development
Act
of
1996;
and
of
which 
$2,500,000 shall be for projects and activities authorized 
under section 111 of the River and Harbor Act of 1968; 
and of which $5,000,000 shall be for projects and activi-
ties authorized under section 204 of the Water Resources 
Act of 1992: Provided, That $35,000,000 shall be avail-
able for projects and activities authorized under 16 U.S.C. 
410r–8: Provided further, That, of the funds provided 
under the heading ‘‘Construction’’ in title I of Public Law 
109–103, $56,046,000 is rescinded, to be derived from the 
unobligated balances of the amounts made available for 
the following projects in Louisiana: Grand Isle and Vicin-
ity, Lake Pontchartrain and Vicinity, Larose to Golden 
Meadow, New Orleans to Venice, Southeast Louisiana, 
and West Bank and Vicinity: Provided further, That, ex-
cept as provided in section 101 of this Act, the amounts 
made available under this paragraph shall be expended in 
accordance with the terms and conditions specified in the 
report accompanying this Act.
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MISSISSIPPI RIVER AND TRIBUTARIES 
For expenses necessary for the program for the Mis-
sissippi River alluvial valley below Cape Girardeau, Mis-
souri, as authorized by law, $290,607,000, to remain 
available until expended, of which such sums as are nec-
essary to cover the Federal share of operation and mainte-
nance costs for inland harbors shall be derived from the 
Harbor Maintenance Trust Fund: Provided, That, except 
as provided in section 101 of this Act, the amounts made 
available under this paragraph shall be expended in ac-
cordance with the terms and conditions specified in the 
report accompanying this Act. 
OPERATION AND MAINTENANCE 
For expenses necessary for the operation, mainte-
nance, and care of existing river and harbor, flood and 
storm damage reduction, aquatic ecosystem restoration, 
and related projects authorized by law, including the con-
struction of facilities, projects, or features (including is-
lands and wetlands) to use materials dredged during Fed-
eral navigation maintenance activities; the mitigation of 
impacts on shorelines resulting from Federal navigation 
operation and maintenance activities; the benefit of feder-
ally listed species to address the effects of any civil works 
project under the jurisdiction of the Corps on any such 
species on project land within the watershed or operational
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reach of the project; providing security for infrastructure 
owned and operated by, or on behalf of, the Corps, includ-
ing administrative buildings and facilities, and labora-
tories; the maintenance of harbor channels provided by a 
State, municipality, or other public agency that serve es-
sential navigation needs of general commerce, where au-
thorized by law; and surveys and charting of northern and 
northwestern lakes and connecting waters, clearing and 
straightening channels, and removal of obstructions to 
navigation, $2,195,471,000, to remain available until ex-
pended, of which $45,078,000 shall be for projects and 
activities
in
Region
New
England;
of
which 
$143,250,000 shall be for projects and activities in Region 
2 Mid Atlantic; of which $297,043,000 shall be for 
projects and activities in Region 3 South Atlantic Gulf; 
of which $101,407,000 shall be for projects and activities 
in Region 4 Great Lakes; of which $252,886,000 shall be 
for projects and activities in Region 5 Ohio; of which 
$21,301,000 shall be for projects and activities in Region 
6 Tennessee; of which $233,803,000 shall be for projects 
and activities in Region 7 Upper Mississippi; of which 
$147,021,000 shall be for projects and activities in Region 
8 Lower Mississippi; of which $2,999,000 shall be for 
projects and activities in Region 9 Souris-Red-Rainy; of 
which $151,180,000 shall be for projects and activities in
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Region 10 Missouri; of which $178,084,000 shall be for 
projects and activities in Region 11 Arkansas-White-Red; 
of which $141,113,000 shall be for projects and activities 
in Region 12 Texas-Gulf; of which $10,209,000 shall be 
for projects and activities in Region 13 Rio Grande; of 
which $722,000 shall be for projects and activities in Re-
gion 14 Upper Colorado; of which $3,327,000 shall be for 
projects and activities in Region 15 Lower Colorado; of 
which $761,000 shall be for projects and activities in Re-
gion 16 Great Basin; of which $242,593,000 shall be for 
projects and activities in Region 17 Pacific Northwest; of 
which $102,461,000 shall be for projects and activities in 
Region 18 California; of which $22,204,000 shall be for 
projects and activities in Region 19 Alaska; of which 
$1,995,000 shall be for projects and activities in Region 
20 Hawaii; of which $4,000,000 shall be for projects and 
activities in Region 21 Caribbean; of which such sums as 
are necessary to cover the Federal share of eligible oper-
ations and maintenance shall be derived from the Harbor 
Maintenance Trust Fund of which such sums as become 
available from the special account for the Corps estab-
lished by the Land and Water Conservation Act of 1965, 
as amended (16 U.S.C. 460l–6a(i)), shall be used for re-
source protection, research, interpretation, and mainte-
nance activities related to resource protection in areas op-
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erated by the Corps at which outdoor recreation is avail-
able; and of which such sums as become available under 
section 217 of the Water Resources Development Act of 
1996, Public Law 104–303, shall be used to cover the cost 
of operation and maintenance of the dredged material dis-
posal facilities for which fees have been collected: Pro-
vided, That, except as provided in section 101 of this Act, 
the amounts made available under this paragraph shall be 
expended in accordance with the terms and conditions 
specified in the report accompanying this Act. 
REGULATORY PROGRAM 
For expenses necessary for administration of laws 
pertaining to regulation of navigable waters and wetlands, 
$173,000,000, to remain available until expended. 
FORMERLY UTILIZED SITES REMEDIAL ACTION 
PROGRAM 
For expenses necessary to clean up contamination 
from sites in the United States resulting from work per-
formed as part of the Nation’s early atomic energy pro-
gram, $130,000,000, to remain available until expended. 
FLOOD CONTROL AND COASTAL EMERGENCIES 
For expenses necessary to prepare for flood, hurri-
cane, and other natural disasters and support emergency 
operations, repairs, and other activities in response to
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flood and hurricane emergencies, as authorized by law, 
$32,000,000, to remain available until expended. 
GENERAL EXPENSES 
For expenses necessary for general administration 
and related civil works functions in the headquarters of 
the United States Army Corps of Engineers, the offices 
of the Division Engineers, the Humphreys Engineer Cen-
ter Support Activity, the Institute for Water Resources, 
the United States Army Engineer Research and Develop-
ment Center, and the United States Army Corps of Engi-
neers Finance Center, $142,100,000, to remain available 
until expended: Provided, That no part of any other appro-
priation provided in title I of this Act shall be available 
to fund the civil works activities of the Office of the Chief 
of Engineers or the civil works executive direction and 
management activities of the offices of the Division Engi-
neers: Provided further, That, of the funds provided under 
this heading, $10,000,000 shall be transferred to ‘‘Oper-
ation and Maintenance’’ upon the expiration of the 30- 
day period following the date of enactment of this Act if, 
during such period, the Secretary of the Army has not 
submitted to the Committees on Appropriations of the 
House of Representatives and the Senate a report summa-
rizing outstanding reprogramming commitments of the
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Corps of Engineers for fiscal years 2000 through 2006 
on a project by project basis. 
OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL 
WORKS) 
For expenses necessary for the Office of Assistant 
Secretary of the Army (Civil Works), as authorized by 10 
U.S.C. 3016(b)(3), $1,500,000: Provided, That, of the 
funds provided under this heading, $1,000,000 shall be 
transferred to ‘‘Operation and Maintenance’’ upon the ex-
piration of the 30-day period following the date of enact-
ment of this Act if, during such period, the Secretary of 
the Army has not submitted to the Committees on Appro-
priations of the House of Representatives and the Senate 
a report summarizing outstanding reprogramming com-
mitments of the Corps of Engineers for fiscal years 2000 
through 2006 on a project by project basis. 
ADMINISTRATIVE PROVISION 
Appropriations in this title shall be available for offi-
cial reception and representation expenses not to exceed 
$5,000; and during the current fiscal year the Revolving 
Fund, Corps of Engineers, shall be available for purchase 
not to exceed 100 for replacement only and hire of pas-
senger motor vehicles.
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GENERAL PROVISIONS 
CORPS OF ENGINEERS—CIVIL 
SEC. 101. (a) None of the funds provided in title I 
of this Act shall be available for obligation or expenditure 
through a reprogramming of funds that— 
(1) creates or initiates a new program, project, 
or activity; 
(2) eliminates a program, project, or activity; 
(3) increases funds for any program, project, or 
activity for which funds have been denied or re-
stricted by this Act; 
(4) reduces funds that are directed to be used 
for a specific program, project, or activity by this 
Act; 
(5) increases funds for any program, project, or 
activity by more than $2,000,000 or 25 percent, 
whichever is less; or 
(6) reduces funds for any program, project, or 
activity by more than $2,000,000 or 25 percent, 
whichever is less. 
(b) Subsection (a)(1) shall not apply to any project 
or activity authorized under section 205 of the Flood Con-
trol Act of 1948; section 14 of the Flood Control Act of 
1946; section 208 of the Flood Control Act of 1954; sec-
tion 107 of the River and Harbor Act of 1960; section
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103 of the River and Harbor Act of 1962; section 111 
of the River and Harbor Act of 1968; section 1135 of the 
Water Resources Development Act of 1986; section 206 
of the Water Resources Development Act of 1996; sections 
204 and 207 of the Water Resources Development Act of 
1992 or section 933 of the Water Resources Development 
Act of 1986. 
SEC. 102. None of the funds made available in title 
I of this Act may be used to award any continuing con-
tract or to make modifications to any existing continuing 
contract that commits an amount for a project in excess 
of the amount appropriated for such project pursuant to 
this Act: Provided, That the amounts appropriated in this 
Act may be modified pursuant to the authorities provided 
in section 101 of this Act or through the application of 
unobligated balances for such project. 
SEC. 103. None of the funds provided in this Act may 
be expended by the Secretary of the Army to construct 
the Port Jersey element of the New York and New Jersey 
Harbor or to reimburse the local sponsor for the construc-
tion of the Port Jersey element until commitments for 
construction of container handling facilities are obtained 
from the non-Federal sponsor for a second user along the 
Port Jersey element.
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SEC. 104. (a) None of the funds provided in this Act 
shall be available for operation and maritime maintenance 
of the hopper dredge McFarland. 
(b) Subsection (a) shall not apply to funds required 
for the decommissioning of the vessel. 
SEC. 105. None of the funds provided in this Act may 
be expended to prevent or limit any reprogramming of 
funds for a project to be carried out by the Corps of Engi-
neers, based on whether the project was included by the 
President in the budget transmitted under section 1105(a) 
of title 31, United States Code, or is otherwise proposed 
by the President or considered part of the budget by the 
Office of Management and Budget. 
SEC. 106. None of the funds provided in this Act may 
be used to repay the Department of Treasury’s Judgment 
Fund for past judgments against the United States on 
Civil Works contracts and real estate acquisitions that 
have been financed by the Judgment Fund. 
SEC. 107. None of the funds provided in this Act may 
be used to implement an A–76 study or similar privatiza-
tion process for Corps personnel employed to operate or 
maintain locks and dams. 
SEC. 108. None of the funds in this Act may be used 
to further work on the Corps of Engineers proposal to re-
move a section of the dam for fish passage or to study
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other alternatives to the trap and haul facility at Elk 
Creek Dam, Oregon. 
TITLE II 
DEPARTMENT OF THE INTERIOR 
CENTRAL UTAH PROJECT 
CENTRAL UTAH PROJECT COMPLETION ACCOUNT 
For carrying out activities authorized by the Central 
Utah Project Completion Act, $38,552,000, to remain 
available until expended, of which $965,000 shall be de-
posited into the Utah Reclamation Mitigation and Con-
servation Account for use by the Utah Reclamation Miti-
gation and Conservation Commission. 
In addition, for necessary expenses incurred in car-
rying out related responsibilities of the Secretary of the 
Interior, $1,603,000, to remain available until expended. 
BUREAU OF RECLAMATION 
The following appropriations shall be expended to 
execute authorized functions of the Bureau of Reclama-
tion: 
WATER AND RELATED RESOURCES 
(INCLUDING TRANSFER OF FUNDS AND RESCISSION) 
For management, development, and restoration of 
water and related natural resources and for related activi-
ties, including the operation, maintenance, and rehabilita-
tion of reclamation and other facilities, participation in
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fulfilling related Federal responsibilities to Native Ameri-
cans, and related grants to, and cooperative and other 
agreements with, State and local governments, Indian 
tribes, and others, $849,122,000, to remain available until 
expended, of which $57,298,000 shall be available for 
transfer to the Upper Colorado River Basin Fund and 
$26,952,000 shall be available for transfer to the Lower 
Colorado River Basin Development Fund; of which such 
amounts as may be necessary may be advanced to the Col-
orado River Dam Fund; of which not more than $500,000 
is for high priority projects which shall be carried out by 
the Youth Conservation Corps, as authorized by 16 U.S.C. 
1706: Provided, That such transfers may be increased or 
decreased within the overall appropriation under this 
heading: Provided further, That of the total appropriated, 
the amount for program activities that can be financed 
by the Reclamation Fund or the Bureau of Reclamation 
special fee account established by 16 U.S.C. 460l–6a(i) 
shall be derived from that Fund or account: Provided fur-
ther, That funds contributed under 43 U.S.C. 395 are 
available until expended for the purposes for which con-
tributed: Provided further, That funds advanced under 43 
U.S.C. 397a shall be credited to this account and are 
available until expended for the same purposes as the 
sums appropriated under this heading: Provided further,
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That funds available for expenditure for the Departmental 
Irrigation Drainage Program may be expended by the Bu-
reau of Reclamation for site remediation on a non-reim-
bursable basis: Provided further, That from unobligated 
balances made available under section 2507 of the Farm 
Security and Rural Investment Act of 2002 for the Bu-
reau of Reclamation’s At Risk Terminal Lakes Program, 
$88,000,000
are
rescinded:
Provided
further,
That 
$10,000,000 of the funds provided herein shall be depos-
ited in the San Gabriel Restoration Fund established by 
section 1110 of division B, title I of Public Law 106–554 
as amended: Provided further, That of the sums provided 
herein, $1,000,000 shall be used for assessing the feasi-
bility of relocating the Highway 49 bridge, Auburn-Folsom 
South Unit of the Central Valley Project. 
CENTRAL VALLEY PROJECT RESTORATION FUND 
For carrying out the programs, projects, plans, and 
habitat restoration, improvement, and acquisition provi-
sions of the Central Valley Project Improvement Act, 
$41,478,000, to be derived from such sums as may be col-
lected in the Central Valley Project Restoration Fund pur-
suant to sections 3407(d), 3404(c)(3), 3405(f), and 
3406(c)(1) of Public Law 102–575, to remain available 
until expended: Provided, That the Bureau of Reclamation 
is directed to assess and collect the full amount of the
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additional mitigation and restoration payments authorized 
by section 3407(d) of Public Law 102–575: Provided fur-
ther, That none of the funds made available under this 
heading may be used for the acquisition or leasing of water 
for in-stream purposes if the water is already committed 
to in-stream purposes by a court adopted decree or order. 
CALIFORNIA BAY-DELTA RESTORATION 
(INCLUDING TRANSFER OF FUNDS) 
For carrying out activities authorized by the Water 
Supply, Reliability, and Environmental Improvement Act, 
Public Law 108–361, consistent with plans to be approved 
by the Secretary of the Interior, $40,110,000, to remain 
available until expended, of which such amounts as may 
be necessary to carry out such activities may be trans-
ferred to appropriate accounts of other participating Fed-
eral agencies to carry out authorized purposes: Provided, 
That funds appropriated herein may be used for the Fed-
eral share of the costs of CALFED Program management: 
Provided further, That the use of any funds provided to 
the California Bay-Delta Authority for program-wide 
management and oversight activities shall be subject to 
the approval of the Secretary of the Interior: Provided fur-
ther, That CALFED implementation shall be carried out 
in a balanced manner with clear performance measures 
demonstrating concurrent progress in achieving the goals
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and objectives of the Program: Provided further, That 
$6,000,000 shall be transferred to the Army Corps of En-
gineers to carry out further study and analysis of the sta-
bility of the levee projects authorized under section 
103(f)(3) of Public Law 108–361. 
POLICY AND ADMINISTRATION 
For necessary expenses of policy, administration, and 
related functions in the office of the Commissioner, the 
Denver office, and offices in the five regions of the Bureau 
of Reclamation, to remain available until expended, 
$58,069,000, to be derived from the Reclamation Fund 
and be nonreimbursable as provided in 43 U.S.C. 377: 
Provided, That no part of any other appropriation in this 
Act shall be available for activities or functions budgeted 
as policy and administration expenses. 
ADMINISTRATIVE PROVISION 
Appropriations for the Bureau of Reclamation shall 
be available for purchase of not to exceed 14 passenger 
motor vehicles, of which 11 are for replacement only. 
GENERAL PROVISIONS, DEPARTMENT OF THE 
INTERIOR 
SEC. 201. (a) None of the funds appropriated or oth-
erwise made available by this Act may be used to deter-
mine the final point of discharge for the interceptor drain 
for the San Luis Unit until development by the Secretary
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of the Interior and the State of California of a plan, which 
shall conform to the water quality standards of the State 
of California as approved by the Administrator of the En-
vironmental Protection Agency, to minimize any detri-
mental effect of the San Luis drainage waters. 
(b) The costs of the Kesterson Reservoir Cleanup 
Program and the costs of the San Joaquin Valley Drain-
age Program shall be classified by the Secretary of the 
Interior as reimbursable or nonreimbursable and collected 
until fully repaid pursuant to the ‘‘Cleanup Program-Al-
ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 
Repayment Plan’’ described in the report entitled ‘‘Repay-
ment Report, Kesterson Reservoir Cleanup Program and 
San Joaquin Valley Drainage Program, February 1995’’, 
prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the 
United States relating to, or providing for, drainage serv-
ice or drainage studies for the San Luis Unit shall be fully 
reimbursable by San Luis Unit beneficiaries of such serv-
ice or studies pursuant to Federal reclamation law. 
SEC. 202. None of the funds appropriated or other-
wise made available by this Act may be used to pay the 
salaries and expenses of personnel to purchase or lease 
water in the Middle Rio Grande or the Carlsbad Projects 
in New Mexico unless said purchase or lease is in compli-
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ance with the purchase requirements of section 202 of 
Public Law 106–60. 
TITLE III 
DEPARTMENT OF ENERGY 
ENERGY PROGRAMS 
ENERGY SUPPLY AND CONSERVATION 
For Department of Energy expenses including the 
purchase, construction, and acquisition of plant and cap-
ital equipment, and other expenses necessary for energy 
supply and energy conservation activities in carrying out 
the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for 
plant or facility acquisition, construction, or expansion, 
$2,025,527,000 (increased by $5,000,000) (reduced by 
$5,000,000) (increased by $25,000,000), to remain avail-
able until September 30, 2009. 
CLEAN COAL TECHNOLOGY 
(RESCISSION) 
Of the funds made available under this heading for 
obligation in prior years, $257,000,000 are rescinded. 
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 (42 U.S.C.
HR 5427 RS 
7101 et seq.), including the acquisition of interest, includ-
ing defeasible and equitable interests in any real property 
or any facility or for plant or facility acquisition or expan-
sion, the hire of passenger motor vehicles, the hire, main-
tenance, and operation of aircraft, the purchase, repair, 
and cleaning of uniforms, the reimbursement to the Gen-
eral Services Administration for security guard services, 
and for conducting inquiries, technological investigations 
and research concerning the extraction, processing, use, 
and disposal of mineral substances without objectionable 
social and environmental costs (30 U.S.C. 3, 1602, and 
1603), $558,204,000, to remain available until expended, 
of which $54,000,000 is available 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, 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 fur-
ther, 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 compo-
nent: Provided further, That of the amounts provided, 
$36,400,000 is available, after coordination with the pri-
vate sector, for a request for proposals for the Clean Coal
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Power Initiative providing for competitively-awarded re-
search, development, and demonstration projects to reduce 
the barriers to continued and expanded coal use: Provided 
further, That no project may be selected for which suffi-
cient funding is not available to provide for the total 
project: 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 
42 U.S.C. 5903d as well as those contained under the 
heading ‘‘Clean Coal Technology’’ in prior appropriations: 
Provided further, That the Department may include provi-
sions for repayment of Government contributions to indi-
vidual projects in an amount up to the Government con-
tribution to the project on terms and conditions that are 
acceptable to the Department including repayments from 
sale and licensing of technologies from both domestic and 
foreign transactions: Provided further, That such repay-
ments 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 consid-
ered 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 Regulations: Provided further,
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That no part of the sum herein made available shall be 
used for the field testing of nuclear explosives in the recov-
ery of oil and gas: Provided further, That the Secretary 
of Energy is authorized to accept fees and contributions 
from public and private sources, to be deposited in a con-
tributed funds account, and prosecute projects using such 
fees and contributions in cooperation with other Federal, 
State, or private agencies or concerns: Provided further, 
That revenues and other moneys received by or for the 
account of the Department of Energy or otherwise gen-
erated by sale of products in connection with projects of 
the Department appropriated under the Fossil Energy Re-
search and Development account may be retained by the 
Secretary of Energy, to be available until expended, and 
used only for plant construction, operation, costs, and pay-
ments to cost-sharing entities as provided in appropriate 
cost-sharing contracts or agreements. 
NAVAL PETROLEUM AND OIL SHALE RESERVES 
For expenses necessary to carry out naval petroleum 
and oil shale reserve activities, including the hire of pas-
senger motor vehicles, $18,810,000, 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.
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STRATEGIC PETROLEUM RESERVE 
For necessary expenses for Strategic Petroleum Re-
serve facility development and operations and program 
management activities pursuant to the Energy Policy and 
Conservation Act of 1975, as amended (42 U.S.C. 6201 
et seq.), including the hire of passenger motor vehicles, 
the hire, maintenance, and operation of aircraft, the pur-
chase, repair, and cleaning of uniforms, the reimburse-
ment to the General Services Administration for security 
guard services, $155,430,000, to remain available until ex-
pended. 
NORTHEAST HOME HEATING OIL RESERVE 
For necessary expenses for Northeast Home Heating 
Oil Reserve storage, operation, and management activities 
pursuant to the Energy Policy and Conservation Act, 
$4,950,000, to remain available until expended. 
ENERGY INFORMATION ADMINISTRATION 
For necessary expenses in carrying out the activities 
of the Energy Information Administration, $89,769,000, 
to remain available until expended. 
NON-DEFENSE ENVIRONMENTAL CLEANUP 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other expenses necessary for non-de-
fense environmental cleanup activities in carrying out the
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purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or con-
demnation of any real property or any facility or for plant 
or facility acquisition, construction, or expansion, and the 
purchase of not to exceed six passenger motor vehicles, 
of which five shall be for replacement only, $309,946,000, 
to remain available until expended. 
URANIUM ENRICHMENT DECONTAMINATION AND 
DECOMMISSIONING FUND 
For necessary expenses in carrying out uranium en-
richment facility decontamination and decommissioning, 
remedial actions, and other activities of title II of the 
Atomic Energy Act of 1954, as amended, and title X, sub-
title A, of the Energy Policy Act of 1992, $579,368,000, 
to be derived from the Fund, to remain available until ex-
pended, of which $20,000,000 shall be available in accord-
ance with title X, subtitle A, of the Energy Policy Act 
of 1992. 
SCIENCE 
For Department of Energy expenses including the 
purchase, construction, and acquisition of plant and cap-
ital equipment, and other expenses necessary for science 
activities in carrying out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
cluding the acquisition or condemnation of any real prop-
HR 5427 RS 
erty or facility or for plant or facility acquisition, construc-
tion, or expansion, and purchase of not to exceed twenty- 
five
passenger
motor
vehicles
for
replacement
only, 
$4,131,710,000, to remain available until expended. 
NUCLEAR WASTE DISPOSAL 
For nuclear waste disposal activities to carry out the 
purposes of the Nuclear Waste Policy Act of 1982, Public 
Law 97–425, as amended (the ‘‘Act’’), including the ac-
quisition of real property or facility construction or expan-
sion, $186,420,000, to remain available until expended, of 
which $156,420,000 shall be derived from the Nuclear 
Waste Fund: Provided, That of the funds made available 
in this Act for Nuclear Waste Disposal, $2,000,000 shall 
be provided to the State of Nevada solely for expenditures, 
other than salaries and expenses of State employees, to 
conduct scientific oversight responsibilities and participate 
in licensing activities pursuant to the Act: Provided fur-
ther, That $4,000,000 shall be provided to affected units 
of local government, as defined in the Act, to conduct ap-
propriate activities and participate in licensing activities: 
Provided further, That 7.5 percent of the funds provided 
shall be made available to affected units of local govern-
ment in California with the balance made available to af-
fected units of local government in Nevada for distribution 
as determined by the Nevada units of local government:
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Provided further, That notwithstanding the provisions of 
chapters 65 and 75 of title 31, United States Code, the 
Department shall have no monitoring, auditing or other 
oversight rights or responsibilities over amounts provided 
to affected units of local government under this heading: 
Provided further, That the funds for the State of Nevada 
shall be made available solely to the Nevada Division of 
Emergency Management by direct payment and units of 
local government by direct payment: Provided further, 
That within 90 days of the completion of each Federal 
fiscal year, the Nevada Division of Emergency Manage-
ment and the Governor of the State of Nevada shall pro-
vide certification to the Department of Energy that all 
funds expended from such payments have been expended 
for activities authorized by the Act and this Act: Provided 
further, That failure to provide such certification shall 
cause such entity to be prohibited from any further fund-
ing provided for similar activities: Provided further, That 
none of the funds herein appropriated may be: (1) used 
directly or indirectly to influence legislative action, except 
for normal and recognized executive-legislative commu-
nications, on any matter pending before Congress or a 
State legislature or for lobbying activity as provided in 18 
U.S.C. 1913; (2) used for litigation expenses; or (3) used 
to support multi-State efforts or other coalition building
HR 5427 RS 
activities inconsistent with the restrictions contained in 
this Act: Provided further, That all proceeds and recoveries 
realized by the Secretary in carrying out activities author-
ized by the Act, including but not limited to, any proceeds 
from the sale of assets, shall be available without further 
appropriation and shall remain available until expended: 
Provided further, That no funds provided in this Act may 
be used to pursue repayment or collection of funds pro-
vided in any fiscal year to affected units of local govern-
ment for oversight activities that had been previously ap-
proved by the Department of Energy, or to withhold pay-
ment of any such funds. 
DEPARTMENTAL ADMINISTRATION 
(INCLUDING TRANSFER OF FUNDS) 
For salaries and expenses of the Department of En-
ergy necessary for departmental administration in car-
rying out the purposes of the Department of Energy Orga-
nization Act (42 U.S.C. 7101 et seq.), including the hire 
of passenger motor vehicles and official reception and rep-
resentation expenses not to exceed $35,000, $278,382,000 
(reduced by $25,000,000) (reduced by $27,800,000), to 
remain available until expended, plus such additional 
amounts as necessary to cover increases in the estimated 
amount of cost of work for others notwithstanding the pro-
visions of the Anti-Deficiency Act (31 U.S.C. 1511 et
HR 5427 RS 
seq.): Provided, That such increases in cost of work are 
offset by revenue increases of the same or greater amount, 
to remain available until expended: Provided further, That 
moneys received by the Department for miscellaneous rev-
enues estimated to total $123,000,000 in fiscal year 2007 
may be retained and used for operating expenses within 
this account, and may remain available until expended, as 
authorized by section 201 of Public Law 95–238, notwith-
standing the provisions of 31 U.S.C. 3302: Provided fur-
ther, That the sum herein appropriated shall be reduced 
by the amount of miscellaneous revenues received during 
2007, and any related appropriated receipt account bal-
ances remaining from prior years’ miscellaneous revenues, 
so as to result in a final fiscal year 2007 appropriation 
from the general fund estimated at not more than 
$155,382,000. 
OFFICE OF THE INSPECTOR GENERAL 
For necessary expenses of the Office of the Inspector 
General in carrying out the provisions of the Inspector 
General Act of 1978, as amended, $45,507,000, to remain 
available until expended.
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ATOMIC ENERGY DEFENSE ACTIVITIES 
NATIONAL NUCLEAR SECURITY 
ADMINISTRATION 
WEAPONS ACTIVITIES 
(INCLUDING TRANSFER OF FUNDS) 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other incidental expenses necessary for 
atomic energy defense weapons activities in carrying out 
the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for 
plant or facility acquisition, construction, or expansion; 
and the purchase of not to exceed 14 passenger motor ve-
hicles, for replacement only, including not to exceed two 
buses; $6,412,001,000, to remain available until ex-
pended: Provided, That $40,000,000 of that amount is for 
the Material Consolidation and Upgrade Construction 
Project, Buildings 651 and 691, at the Idaho National 
Laboratory. 
DEFENSE NUCLEAR NONPROLIFERATION 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other incidental expenses necessary for 
atomic energy defense, defense nuclear nonproliferation
HR 5427 RS 
activities, in carrying out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
cluding the acquisition or condemnation of any real prop-
erty or any facility or for plant or facility acquisition, con-
struction, or expansion, $1,593,101,000 (increased by 
$27,800,000), to remain available until expended. 
NAVAL REACTORS 
For Department of Energy expenses necessary for 
naval reactors activities to carry out the Department of 
Energy Organization Act (42 U.S.C. 7101 et seq.), includ-
ing the acquisition (by purchase, condemnation, construc-
tion, or otherwise) of real property, plant, and capital 
equipment,
facilities,
and
facility
expansion, 
$795,133,000, to remain available until expended. 
OFFICE OF THE ADMINISTRATOR 
For necessary expenses of the Office of the Adminis-
trator in the National Nuclear Security Administration, 
including official reception and representation expenses 
not to exceed $12,000, $399,576,000, to remain available 
until expended. 
ENVIRONMENTAL AND OTHER DEFENSE 
ACTIVITIES 
DEFENSE ENVIRONMENTAL CLEANUP 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
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ital equipment and other expenses necessary for atomic 
energy defense environmental cleanup activities in car-
rying out the purposes of the Department of Energy Orga-
nization Act (42 U.S.C. 7101 et seq.), including the acqui-
sition or condemnation of any real property or any facility 
or for plant or facility acquisition, construction, or expan-
sion, $4,951,812,000, to remain available until expended, 
and $600,000,000 for the Waste Treatment and Immo-
bilization Plant at Hanford, Washington, to remain avail-
able until September 30, 2007. 
OTHER DEFENSE ACTIVITIES 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other expenses, necessary for atomic 
energy defense, other defense activities, and classified ac-
tivities, in carrying out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
cluding the acquisition or condemnation of any real prop-
erty or any facility or for plant or facility acquisition, con-
struction, or expansion, and the purchase of not to exceed 
ten
passenger
motor
vehicles
for
replacement
only, 
$720,788,000, to remain available until expended. 
DEFENSE NUCLEAR WASTE DISPOSAL 
For nuclear waste disposal activities to carry out the 
purposes of Public Law 97–425, as amended, including
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the acquisition of real property or facility construction or 
expansion, $388,080,000, to remain available until ex-
pended. 
POWER MARKETING ADMINISTRATIONS 
BONNEVILLE POWER ADMINISTRATION FUND 
Expenditures from the Bonneville Power Administra-
tion Fund, established pursuant to Public Law 93–454, 
are approved for official reception and representation ex-
penses in an amount not to exceed $1,500. During fiscal 
year 2007, no new direct loan obligations may be made. 
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER 
ADMINISTRATION 
For necessary expenses of operation and maintenance 
of power transmission facilities and of electric power and 
energy, including transmission wheeling and ancillary 
services pursuant to section 5 of the Flood Control Act 
of 1944 (16 U.S.C. 825s), as applied to the southeastern 
power area, $5,723,000, to remain available until ex-
pended: Provided, That, notwithstanding 31 U.S.C. 3302, 
up to $48,003,000 collected by the Southeastern Power 
Administration pursuant to the Flood Control Act of 1944 
to recover purchase power and wheeling expenses shall be 
credited to this account as offsetting collections, to remain 
available until expended for the sole purpose of making 
purchase power and wheeling expenditures.
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OPERATION AND MAINTENANCE, SOUTHWESTERN 
POWER ADMINISTRATION 
For necessary expenses of operation and maintenance 
of power transmission facilities and of marketing electric 
power and energy, for construction and acquisition of 
transmission lines, substations and appurtenant facilities, 
and for administrative expenses, including official recep-
tion and representation expenses in an amount not to ex-
ceed $1,500 in carrying out section 5 of the Flood Control 
Act of 1944 (16 U.S.C. 825s), as applied to the south-
western power administration, $31,539,000, to remain 
available until expended: Provided, That, notwithstanding 
31 U.S.C. 3302, up to $13,600,000 collected by the 
Southwestern Power Administration pursuant to the 
Flood Control Act to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting col-
lections, to remain available until expended for the sole 
purpose of making purchase power and wheeling expendi-
tures. 
CONSTRUCTION,
REHABILITATION,
OPERATION
AND 
MAINTENANCE, WESTERN AREA POWER ADMINIS-
TRATION 
For carrying out the functions authorized by title III, 
section 302(a)(1)(E) of the Act of August 4, 1977 (42 
U.S.C. 7152), and other related activities including con-
HR 5427 RS 
servation and renewable resources programs as author-
ized, including official reception and representation ex-
penses in an amount not to exceed $1,500; $212,213,000, 
to remain available until expended, of which $208,776,000 
shall be derived from the Department of the Interior Rec-
lamation Fund: Provided, That of the amount herein ap-
propriated, $6,893,000 is for deposit into the Utah Rec-
lamation Mitigation and Conservation Account pursuant 
to title IV of the Reclamation Projects Authorization and 
Adjustment Act of 1992: Provided further, That of the 
amount herein appropriated, $6,000,000 shall be available 
until expended on a nonreimbursable basis to the Western 
Area
Power
Administration
for
Topock-Davis-Mead 
Transmission Line Upgrades: Provided further, That of 
the amount herein appropriated, $500,000 shall be avail-
able until expended on a nonreimbursable basis to the Dy-
namic Engineering Studies on the TOT–3 and Wyoming 
West Transmission projects: Provided further, That not-
withstanding the provision of 31 U.S.C. 3302, up to 
$472,593,000 collected by the Western Area Power Ad-
ministration pursuant to the Flood Control Act of 1944 
and the Reclamation Project Act of 1939 to recover pur-
chase power and wheeling expenses shall be credited to 
this account as offsetting collections, to remain available
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until expended for the sole purpose of making purchase 
power and wheeling expenditures. 
FALCON AND AMISTAD OPERATING AND MAINTENANCE 
FUND 
For operation, maintenance, and emergency costs for 
the hydroelectric facilities at the Falcon and Amistad 
Dams, $2,500,000, to remain available until expended, 
and to be derived from the Falcon and Amistad Operating 
and Maintenance Fund of the Western Area Power Ad-
ministration, as provided in section 423 of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995. 
FEDERAL ENERGY REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Energy Regu-
latory Commission to carry out the provisions of the De-
partment of Energy Organization Act (42 U.S.C. 7101 et 
seq.), including services as authorized by 5 U.S.C. 3109, 
the hire of passenger motor vehicles, and official reception 
and
representation
expenses
not
to
exceed
$3,000, 
$230,800,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law, 
not to exceed $230,800,000 of revenues from fees and an-
nual charges, and other services and collections in fiscal 
year 2007 shall be retained and used for necessary ex-
penses in this account, and shall remain available until
HR 5427 RS 
expended: Provided further, That the sum herein appro-
priated from the general fund shall be reduced as revenues 
are received during fiscal year 2007 so as to result in a 
final fiscal year 2007 appropriation from the general fund 
estimated at not more than $0. 
GENERAL PROVISIONS 
DEPARTMENT OF ENERGY 
SEC. 301. CONTRACT COMPETITION.—(a)(1) None of 
the funds in this or any other appropriations Act for fiscal 
year 2007 or any previous fiscal year may be used to make 
payments for a noncompetitive management and operating 
contract unless the Secretary of Energy has published in 
the Federal Register and submitted to the Committees on 
Appropriations of the House of Representatives and the 
Senate a written notification, with respect to each such 
contract, of the Secretary’s decision to use competitive 
procedures for the award of the contract, or to not renew 
the contract, when the term of the contract expires. 
(2) Paragraph (1) does not apply to an extension for 
up to 2 years of a noncompetitive management and oper-
ating contract, if the extension is for purposes of allowing 
time to award competitively a new contract, to provide 
continuity of service between contracts, or to complete a 
contract that will not be renewed. 
(b) In this section:
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(1) The term ‘‘noncompetitive management and 
operating contract’’ means a contract that was 
awarded more than 50 years ago without competi-
tion for the management and operation of Ames 
Laboratory, Argonne National Laboratory, and Law-
rence Livermore National Laboratory. 
(2) The term ‘‘competitive procedures’’ has the 
meaning provided in section 4 of the Office of Fed-
eral Procurement Policy Act (41 U.S.C. 403) and 
includes procedures described in section 303 of the 
Federal Property and Administrative Services Act of 
1949 (41 U.S.C. 253) other than a procedure that 
solicits a proposal from only one source. 
(c) For all management and operating contracts 
other than those listed in subsection (b)(1), none of the 
funds appropriated by this Act may be used to award a 
management and operating contract, or award a signifi-
cant extension or expansion to an existing management 
and operating contract, unless such contract is awarded 
using competitive procedures or the Secretary of Energy 
grants, on a case-by-case basis, a waiver to allow for such 
a deviation. The Secretary may not delegate the authority 
to grant such a waiver. At least 60 days before a contract 
award for which the Secretary intends to grant such a 
waiver, the Secretary shall submit to the Committees on
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Appropriations of the House of Representatives and the 
Senate a report notifying the Committees of the waiver 
and setting forth, in specificity, the substantive reasons 
why the Secretary believes the requirement for competition 
should be waived for this particular award. 
SEC. 302. WORKFORCE RESTRUCTURING.—None of 
the funds appropriated by this Act may be used to— 
(1) develop or implement a workforce restruc-
turing plan that covers employees of the Department 
of Energy; or 
(2) provide enhanced severance payments or 
other benefits for employees of the Department of 
Energy, under section 3161 of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 
102–484; 42 U.S.C. 7274h). 
SEC. 303. SECTION 3161 ASSISTANCE.—None of the 
funds appropriated by this Act may be used to augment 
the funds made available for obligation by this Act for sev-
erance payments and other benefits and community assist-
ance grants under section 3161 of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102– 
484; 42 U.S.C. 7274h) unless the Department of Energy 
submits a reprogramming request to the appropriate con-
gressional committees.
HR 5427 RS 
SEC.
304.
UNFUNDED
REQUESTS
FOR
PRO-
POSALS.—None of the funds appropriated by this Act may 
be used to prepare or initiate Requests For Proposals 
(RFPs) or other solicitations for a program if the program 
has not been funded by Congress. 
SEC. 305. UNEXPENDED BALANCES.—The unex-
pended balances of prior appropriations provided for ac-
tivities in this Act may be available to the same appropria-
tion accounts for such activities established pursuant to 
this title. Available balances may be merged with funds 
in the applicable established accounts and thereafter may 
be accounted for as one fund for the same time period 
as originally enacted. 
SEC. 306. BONNEVILLE POWER ADMINISTRATION 
SERVICE TERRITORY.—None of the funds in this or any 
other Act for the Administrator of the Bonneville Power 
Administration may be used to enter into any agreement 
to perform energy efficiency services outside the legally de-
fined Bonneville service territory, with the exception of 
services provided internationally, including services pro-
vided on a reimbursable basis, unless the Administrator 
certifies in advance that such services are not available 
from private sector businesses. 
SEC. 307. USER FACILITIES.—When the Department 
of Energy makes a user facility available to universities
HR 5427 RS 
or other potential users, or seeks input from universities 
or other potential users regarding significant characteris-
tics or equipment in a user facility or a proposed user fa-
cility, the Department shall ensure broad public notice of 
such availability or such need for input to universities and 
other potential users. When the Department of Energy 
considers the participation of a university or other poten-
tial user as a formal partner in the establishment or oper-
ation of a user facility, the Department shall employ full 
and open competition in selecting such a partner. For pur-
poses of this section, the term ‘‘user facility’’ includes, but 
is not limited to: (1) a user facility as described in section 
2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 
13503(a)(2)); (2) a National Nuclear Security Adminis-
tration Defense Programs Technology Deployment Cen-
ter/User Facility; and (3) any other Departmental facility 
designated by the Department as a user facility. 
SEC. 308. INTELLIGENCE ACTIVITIES.—Funds ap-
propriated by this or any other Act, or made available by 
the transfer of funds in this Act, for intelligence activities 
are deemed to be specifically authorized by the Congress 
for purposes of section 504 of the National Security Act 
of 1947 (50 U.S.C. 414) during fiscal year 2007 until the 
enactment of the Intelligence Authorization Act for fiscal 
year 2007.
HR 5427 RS 
SEC. 309. LABORATORY DIRECTED RESEARCH AND 
DEVELOPMENT.—Of the funds made available by the De-
partment of Energy for activities at government-owned, 
contractor-operator operated laboratories funded in this 
Act, the Secretary may authorize a specific amount, not 
to exceed 8 percent of such funds, to be used by such lab-
oratories for laboratory-directed research and develop-
ment: Provided, That the Secretary may also authorize a 
specific amount not to exceed 3 percent of such funds, 
to be used by the plant manager of a covered nuclear 
weapons production plant or the manager of the Nevada 
Site Office for plant or site-directed research and develop-
ment. 
SEC.
310.
TECHNOLOGY
COMMERCIALIZATION 
FUND.—None of the funds made available by this Act may 
be used for technology commercialization activities funded 
via a tax on applied energy research, development, dem-
onstration, and commercial application activities by the 
Department of Energy as authorized by section 1001(e) 
of title X of the Energy Policy Act of 2005. 
SEC. 311. CONTRACTOR PENSION BENEFITS.—None 
of the funds made available in title III of this Act shall 
be used for implementation of the Department of Energy 
Order N 351.1 modifying contractor employee pension and 
medical benefits policy.
HR 5427 RS 
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 Commis-
sion, for payment of the Federal share of the administra-
tive expenses of the Commission, including services as au-
thorized by 5 U.S.C. 3109, and hire of passenger motor 
vehicles, $35,472,000, to remain available until expended. 
DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Defense Nuclear Fa-
cilities 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 Author-
ity and to carry out its activities, as authorized by the 
Delta Regional Authority Act of 2000, as amended, not-
withstanding sections 382C(b)(2), 382F(d), and 382M(b)
HR 5427 RS 
of said Act, $5,940,000, to remain available until ex-
pended. 
DENALI COMMISSION 
For expenses of the Denali Commission including the 
purchase, construction and acquisition of plant and capital 
equipment as necessary and other expenses, $7,536,000, 
to remain available until expended, notwithstanding the 
limitations contained in section 306(g) of the Denali Com-
mission Act of 1998. 
NUCLEAR REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Commission in car-
rying out the purposes of the Energy Reorganization Act 
of 1974, as amended, and the Atomic Energy Act of 1954, 
as amended, including official representation expenses not 
to exceed $19,000, $808,410,000, to remain available 
until expended: Provided, That of the amount appro-
priated herein, $40,981,840 shall be derived from the Nu-
clear Waste Fund: Provided further, That revenues from 
licensing fees, inspection services, and other services and 
collections estimated at $656,328,000 in fiscal year 2007 
shall be retained and used for necessary salaries and ex-
penses in this account, notwithstanding 31 U.S.C. 3302, 
and shall remain available until expended: Provided fur-
ther, That the sum herein appropriated shall be reduced
HR 5427 RS 
by the amount of revenues received during fiscal year 
2007 so as to result in a final fiscal year 2007 appropria-
tion estimated at not more than $152,082,000. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector 
General in carrying out the provisions of the Inspector 
General Act of 1978, as amended, $8,144,000, to remain 
available until expended: Provided, That revenues from li-
censing fees, inspection services, and other services and 
collections estimated at $7,330,000 in fiscal year 2007 
shall be retained and be available until expended, for nec-
essary salaries and expenses in this account, notwith-
standing 31 U.S.C. 3302: Provided further, That the sum 
herein appropriated shall be reduced by the amount of rev-
enues received during fiscal year 2007 so as to result in 
a final fiscal year 2007 appropriation estimated at not 
more than $814,000. 
NUCLEAR WASTE TECHNICAL REVIEW BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Nuclear Waste Tech-
nical Review Board, as authorized by Public Law 100– 
203, section 5051, $3,670,000, to be derived from the Nu-
clear Waste Fund, and to remain available until expended.
HR 5427 RS 
TITLE V 
GENERAL PROVISIONS 
SEC. 501. None of the funds appropriated by this Act 
may be used in any way, directly or indirectly, to influence 
congressional action on any legislation or appropriation 
matters pending before Congress, other than to 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 
pursuant to a transfer made by, or transfer authority pro-
vided in this Act or any other appropriation Act. 
SEC. 503. None of the funds made available by this 
Act from the Nuclear Waste Fund may be used to carry 
out the Global Nuclear Energy Partnership program. 
SEC. 504. None of the funds made available by this 
Act shall be used in contravention of the Federal buildings 
performance and reporting requirements of Executive 
Order No. 13123, part 3 of title V of the National Energy 
Conservation Policy Act (42 U.S.C. 8251 et seq.), or sub-
title A of title I of the Energy Policy Act of 2005 (includ-
ing the amendments made thereby).
HR 5427 RS 
SEC. 505. None of the funds made available in this 
Act may be used in contravention of section 303 of the 
Energy Policy Act of 1992 (42 U.S.C. 13212). 
SEC. 506. None of the funds made available by this 
Act shall be used by the Federal Energy Regulatory Com-
mission to enforce any claim for a termination payment 
(as defined in any jurisdictional contract) asserted by any 
regulated entity the Commission has found to have vio-
lated the terms of its market-based rate authority by en-
gaging in manipulation of market rules or exercise of mar-
ket power in the Western Interconnection during the pe-
riod January 1, 2000, to June 20, 2001. 
This Act may be cited as the ‘‘Energy and Water De-
velopment Appropriations Act, 2007’’. 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
fiscal year ending September 30, 2007, for energy and 
water development and for other purposes, namely: 
TITLE I 
CORPS OF ENGINEERS—CIVIL 
DEPARTMENT OF THE ARMY 
CORPS OF ENGINEERS—CIVIL 
The following appropriations shall be expended under 
the direction of the Secretary of the Army and the super-
vision of the Chief of Engineers for authorized civil func-
HR 5427 RS 
tions of the Department of the Army pertaining to rivers 
and harbors, flood control, shore protection and storm dam-
age reduction, aquatic ecosystem restoration, and related 
purposes. 
GENERAL INVESTIGATIONS 
For expenses necessary for the collection and study of 
basic information pertaining to river and harbor, flood con-
trol, shore protection and storm damage reduction, aquatic 
ecosystem restoration, and related projects, restudy of au-
thorized projects, miscellaneous investigations, and, when 
authorized by law, surveys and detailed studies and plans 
and specifications of projects prior to construction, 
$168,517,000, to remain available until expended: Pro-
vided, That, the Secretary of the Army shall use the unobli-
gated balances of $818,000 for the Waikiki Shore Protection 
Study, Hawaii, and $143,000 for the Kihei Shore Protec-
tion Study, Hawaii, for the Laupahoehoe Harbor, Hawaii, 
preconstruction engineering and design, at full Federal ex-
pense; to continue the Kawaihae Harbor, Hawaii, feasi-
bility studies; and to continue preconstruction engineering 
and design studies for the Wailupe Stream, Oahu, Hawaii. 
CONSTRUCTION GENERAL 
(INCLUDING RESCISSION OF FUNDS) 
For expenses necessary for the construction of river 
and harbor, flood control, shore protection and storm dam-
age reduction, aquatic ecosystem restoration, and related
HR 5427 RS 
projects authorized by law; for conducting detailed studies, 
and plans and specifications, of such projects (including 
those involving participation by States, local governments, 
or private groups) authorized or made eligible for selection 
by law (but such detailed studies, and plans and specifica-
tions, shall not constitute a commitment of the Government 
to construction); $2,042,429,000, to remain available until 
expended; of which such sums as are necessary to cover the 
Federal share of construction costs for facilities under the 
Dredged Material Disposal Facilities program shall be de-
rived from the Harbor Maintenance Trust Fund as author-
ized by Public Law 104–303; and of which such sums as 
are necessary pursuant to Public Law 99–662 shall be de-
rived from the Inland Waterways Trust Fund, to cover one- 
half of the costs of construction and rehabilitation of inland 
waterways projects (including the rehabilitation costs for 
Lock and Dam 11, Mississippi River, Iowa; Lock and Dam 
19, Mississippi River, Iowa; Lock and Dam 24, Mississippi 
River, Illinois and Missouri; Lock 27, Mississippi River, 
Illinois; Markland Locks and Dam, Kentucky and Indiana; 
Emsworth Locks and Dam, Ohio River, Pennsylvania; and 
Lock and Dam 3, Mississippi River, Minnesota) shall be 
derived from the Inland Waterways Trust Fund: Provided, 
That the Chief of Engineers is directed to use $13,000,000 
of the funds appropriated herein for the Dallas Floodway
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Extension, Texas, project, including the Cadillac Heights 
feature, generally in accordance with the Chief of Engineers 
report dated December 7, 1999: Provided further, That the 
Chief of Engineers is directed to use $1,500,000 of the funds 
provided herein for the Hawaii Water Management Project: 
Provided further, That the Chief of Engineers is directed 
to use $5,300,000 of the funds appropriated herein for plan-
ning, engineering, design or construction of the Grundy, 
Buchanan County, and Dickenson County, Virginia, ele-
ments of the Levisa and Tug Forks of the Big Sandy River 
and Upper Cumberland River Project: Provided further, 
That the Chief of Engineers is directed to use $7,500,000 
of the funds appropriated herein for planning, engineering, 
design or construction of the Lower Mingo County, Upper 
Mingo County, Wayne County, McDowell County, West Vir-
ginia, elements of the Levisa and Tug Forks of the Big 
Sandy River and Upper Cumberland River Project: Pro-
vided further, That the Chief of Engineers is directed to con-
tinue the Dickenson County Detailed Project Report as gen-
erally defined in Plan 4 of the Huntington District Engi-
neer’s Draft Supplement to the section 202 General Plan 
for Flood Damage Reduction dated April 1997, including 
all Russell Fork tributary streams within the County and 
special considerations as may be appropriate to address the 
unique relocations and resettlement needs for the flood
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prone communities within the County: Provided further, 
That the Chief of Engineers is directed to proceed with work 
on the permanent bridge to replace Folsom Bridge Dam 
Road, Folsom, California, as authorized by the Energy and 
Water Development Appropriations Act, 2004 (Public Law 
108–137), and, of the $23,400,000 available for the Amer-
ican River Watershed (Folsom Dam Mini-Raise), Cali-
fornia, project, $15,000,000 of those funds be directed for 
the permanent bridge, with all remaining devoted to the 
Mini-Raise: Provided further, That the Secretary of the 
Army shall use the prior unobligated balance of $4,972,000 
from the Devils Lake Outlet, North Dakota, project for the 
Devils Lake, North Dakota, environmental infrastructure 
project: Provided further, That the Secretary of the Army 
shall use the prior year unobligated balance of $1,500,000 
from the Waterbury Dam repairs project for the Lake 
Champlain Watershed project. 
Of the funds provided under this heading in title I 
of Public Law 109–103, $56,046,000 are rescinded. 
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, 
ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS-
SISSIPPI, MISSOURI, AND TENNESSEE 
For expenses necessary for the flood damage reduction 
program for the Mississippi River alluvial valley below 
Cape Girardeau, Missouri, as authorized by law, 
$450,530,000, to remain available until expended, of which
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such sums as are necessary to cover the Federal share of 
operation and maintenance costs for inland harbors shall 
be derived from the Harbor Maintenance Trust Fund: Pro-
vided, That the Chief of Engineers is directed to use 
$15,000,000 of the funds provided herein for design and real 
estate activities and pump supply elements for the Yazoo 
Basin, Yazoo Backwater Pumping Plant, Mississippi: Pro-
vided further, That the Secretary of the Army, acting 
through the Chief of Engineers is directed to use 
$14,000,000 appropriated herein for construction of water 
withdrawal features of the Grand Prairie, Arkansas, 
project. 
OPERATION AND MAINTENANCE 
For expenses necessary for the operation, maintenance, 
and care of existing river and harbor, flood and storm dam-
age reduction, aquatic ecosystem restoration, and related 
projects authorized by law, for providing security for infra-
structure owned and operated by, or on behalf of, the United 
States Army Corps of Engineers (the ‘‘Corps’’), including 
administrative buildings and facilities, and laboratories, 
and the Washington Aqueduct; for the maintenance of har-
bor channels provided by a State, municipality, or other 
public agency that serve essential navigation needs of gen-
eral commerce, where authorized by law; and for surveys 
and charting of northern and northwestern lakes and con-
necting waters, clearing and straightening channels, and re-
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moval of obstructions to navigation, $2,030,000,000, to re-
main available until expended, of which such sums as are 
necessary to cover the Federal share of operation and main-
tenance costs for coastal harbors and channels, and inland 
harbors shall be derived from the Harbor Maintenance 
Trust Fund, pursuant to Public Law 99–662 may be de-
rived from that fund, as amended; of which such sums as 
become available from the special account for the Corps es-
tablished by the Land and Water Conservation Act of 1965, 
as amended (16 U.S.C. 460l–6a(i)), may be derived from 
that account for resource protection, research, interpreta-
tion, and maintenance activities related to resource protec-
tion in the areas at which outdoor recreation is available; 
and of which such sums as become available under section 
217 of the Water Resources Development Act of 1996, Public 
Law 104–303, shall be used to cover the cost of operation 
and maintenance of the dredged material disposal facilities 
for which fees have been collected: Provided, That utilizing 
funds appropriated herein, for the Intracoastal Waterway, 
Delaware River to Chesapeake Bay, Delaware and Mary-
land, the Chief of Engineers, is directed to reimburse the 
State of Delaware for normal operation and maintenance 
costs incurred by the State of Delaware for the SR1 Bridge 
from station 58∂00 to station 293∂00 between October 1, 
2005, and September 30, 2006: Provided further, That the
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Chief of Engineers using $500,000 of the funds made avail-
able, herein is authorized to complete, at full Federal ex-
pense, a detailed evaluation of the Albuquerque levees for 
purposes of determining structural integrity, impacts of 
vegetative 
growth, 
and 
performance 
under 
current 
hydrological conditions. 
FLOOD CONTROL AND COASTAL EMERGENCIES 
For expenses necessary to prepare for flood, hurricane, 
and other natural disasters and support emergency oper-
ations, repairs, and other activities in response to flood and 
hurricane emergencies, as authorized by law, $32,000,000, 
to remain available until expended. 
REGULATORY PROGRAM 
For expenses necessary for administration of laws per-
taining to regulation of navigable waters and wetlands, 
$168,000,000, to remain available until expended. 
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 
For expenses necessary to clean up contamination 
from sites in the United States resulting from work per-
formed as part of the Nation’s early atomic energy pro-
gram, $140,000,000, to remain available until expended. 
GENERAL EXPENSES 
For expenses necessary for general administration and 
related civil works functions in the headquarters of the 
United States Army Corps of Engineers, the offices of the 
Division Engineers, the Humphreys Engineer Center Sup-
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port Activity, the Institute for Water Resources, the United 
States Army Engineer Research and Development Center, 
and the United States Army Corps of Engineers Finance 
Center, $164,000,000, to remain available until expended: 
Provided, That no part of any other appropriation pro-
vided in title I of this Act shall be available to fund the 
civil works activities of the Office of the Chief of Engineers 
or the civil works executive direction and management ac-
tivities of the division offices. 
OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL 
WORKS) 
No funds have been provided for the Office of the As-
sistant Secretary of the Army (Civil Works). 
ADMINISTRATIVE PROVISION 
Appropriations in this title shall be available for offi-
cial reception and representation expenses (not to exceed 
$5,000); and during the current fiscal year the Revolving 
Fund, Corps of Engineers, shall be available for purchase 
(not to exceed 100 for replacement only) and hire of pas-
senger motor vehicles. 
GENERAL PROVISIONS, CORPS OF ENGINEERS—CIVIL 
SEC. 101. (a) None of the funds provided in title I 
of this Act shall be available for obligation or expenditure 
through a reprogramming of funds that— 
(1) creates or initiates a program, project or ac-
tivity;
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(2) 
GENERAL
INVESTIGATIONS.—Reprogram-
ming a cumulative total of 50 percent or $1,000,000, 
whichever is less, is permitted for each study, pro-
gram or activity in this account unless prior ap-
proval is received from the House and Senate Com-
mittees on Appropriations: Provided, That the Com-
mittee does not object to reprogramming up to 
$50,000 to any continuing study or program that did 
not receive an appropriation in the current year; 
(3) CONSTRUCTION, GENERAL.—Reprogramming 
a cumulative total of 50 percent or $3,000,000, which-
ever is less, is permitted for each study, program or 
activity in this account unless prior approval is re-
ceived from the House and Senate Committees on Ap-
propriations: Provided, That the Committee does not 
object to reprogramming up to $300,000 to any con-
tinuing project or program that did not receive an 
appropriation in the current year; 
(4) OPERATION AND MAINTENANCE.—Unlimited 
reprogramming authority is granted in order for the 
Corps to be able to respond to emergencies: Provided, 
That the Chief of Engineers must notify the House 
and Senate Committees on Appropriations of these 
emergency actions as soon thereafter as practicable: 
Provided further, That for all other situations, re-
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programming a cumulative total of 50 percent or 
$5,000,000, whichever is less, is permitted for each 
study, program or activity in this account unless 
prior approval is received from the House and Senate 
Committees on Appropriations: Provided further, 
That the Committee does not object to reprogramming 
up to $500,000 to any continuing project or program 
that did not receive an appropriation in the current 
year; 
(5) MISSISSIPPI RIVER AND TRIBUTARIES.—The 
same reprogramming guidelines for the General In-
vestigations, Construction, General and Operation 
and Maintenance portions of the Mississippi River 
and Tributaries Account as listed above. 
(6) FORMERLY UTILIZED SITES REMEDIAL AC-
TION PROGRAM.—Reprogramming of up to 15 percent 
of the base of the receiving project is permitted unless 
prior approval is received from the House and Senate 
Committees on Appropriations. 
(b) CONTINUING AUTHORITIES PROGRAM.—No funds 
shall be reprogrammed into or out of section 205 of the 
Flood Control Act of 1948; section 14 of the Flood Control 
Act of 1946; section 208 of the Flood Control Act of 1954; 
section 107 of the River and Harbor Act of 1960; section 
103 of the River and Harbor Act of 1962; section 111 of
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the River and Harbor Act of 1968; section 1135 of the Water 
Resources Development Act of 1986; section 206 of the 
Water Resources Development Act of 1996; sections 204 and 
207 of the Water Resources Development Act of 1992 or sec-
tion 933 of the Water Resources Development Act of 1986: 
Provided, That unlimited reprogramming is permitted 
within any of the Continuing Authorities Programs Sec-
tions listed above. 
SEC. 102. Beginning in fiscal year 2006 and there-
after, agreements proposed for execution by the Assistant 
Secretary of the Army for Civil Works or the United States 
Army Corps of Engineers after the date of the enactment 
of this Act pursuant to section 4 of the River and Harbor 
Act of 1915, Public Law 64–291; section 11 of the River 
and Harbor Act of 1925, Public Law 68–585; the Civil 
Functions Appropriations Act, 1936, Public Law 75–208; 
section 215 of the Flood Control Act of 1968, as amended, 
Public Law 90–483; sections 104, 203, and 204 of the Water 
Resources Development Act of 1986, as amended, Public 
Law 99–662; section 206 of the Water Resources Develop-
ment Act of 1992, as amended, Public Law 102–580; section 
211 of the Water Resources Development Act of 1996, Public 
Law 104–303; and any other specific project authority, 
shall be limited to total credits and reimbursements for all
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applicable projects not to exceed $100,000,000 in each fiscal 
year. 
SEC. 103. None of the funds appropriated in this or 
any other Act shall be used to demonstrate or implement 
any plans divesting or transferring any Civil Works mis-
sions, functions, or responsibilities of the United States 
Army Corps of Engineers to other government agencies 
without specific direction in a subsequent Act of Congress. 
SEC. 104. ST. GEORGES BRIDGE, DELAWARE.—None 
of the funds made available in this Act may be used to carry 
out any activity relating to closure or removal of the St. 
Georges Bridge across the Intracoastal Waterway, Delaware 
River to Chesapeake Bay, Delaware and Maryland, includ-
ing a hearing or any other activity relating to preparation 
of an environmental impact statement concerning the clo-
sure or removal. 
SEC. 105. Within 75 days of the date of the Chief of 
Engineers Report on a water resource matter, the Assistant 
Secretary of the Army (Civil Works) shall submit the report 
to the appropriate authorizing and appropriating commit-
tees of the Congress. 
SEC. 106. WATER
REALLOCATION, LAKE
CUM-
BERLAND, KENTUCKY. (a) IN GENERAL.—Subject to sub-
section (b), none of the funds made available by this Act 
may be used to carry out any water reallocation project
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or component under the Wolf Creek Project, Lake Cum-
berland, Kentucky, authorized under the Act of June 28, 
1938 (52 Stat. 1215, chapter 795) and the Act of July 24, 
1946 (60 Stat. 636, chapter 595). 
(b) EXISTING REALLOCATIONS.—Subsection (a) shall 
not apply to any water reallocation for Lake Cumberland, 
Kentucky, that is carried out subject to an agreement or 
payment schedule in effect on the date of enactment of this 
Act. 
SEC. 107. The project for flood control at Milton, West 
Virginia, authorized by section 580 of the Water Resources 
Development Act of 1996 (110 Stat. 3790), as modified by 
section 340 of the Water Resources Development Act of 2000 
(114 Stat. 2612), is modified to authorize the Secretary to 
construct the project substantially in accordance with the 
draft report of the Corps of Engineers dated April 2006, 
at an estimated total cost of $45,500,000, with an estimated 
Federal cost of $34,125,000 and an estimated non-Federal 
cost of $11,375,000. 
SEC. 108. Using amounts available in the Revolving 
Fund, the Secretary of the Army is authorized to construct 
a new Environmental Laboratory and improvements to the 
Information Technology Laboratory at the Engineer Re-
search and Development Center in Vicksburg, Mississippi: 
Provided, That the Secretary shall ensure that the Revolv-
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ing Fund is appropriately reimbursed from appropriations 
of the Corps’ benefiting programs by collection each year 
of amounts sufficient to repay the capitalized cost of such 
construction and improvements. 
SEC. 109. The Secretary of the Army may enter into 
cooperative agreements with any Indian Tribe whose lands 
are located in New Mexico and occupied by a flood control 
project owned and operated by the Corps of Engineers, to 
assist in carrying out Operation and Maintenance activi-
ties associated with such project. 
SEC. 110. Notwithstanding section 729 of the Water 
Resources Development Act of 1986, as amended (33 U.S.C. 
2267a), the Secretary shall credit toward the non-Federal 
share of the cost of the Rio Grande Basin Watershed Study, 
New Mexico, Colorado and Texas, the cost of in-kind serv-
ices contributed by the New Mexico Interstate Stream Com-
mission for the Study up to the full amount of the required 
non-Federal share, in accordance with the Agreement be-
tween the Commission and the Department of the Army 
dated December 3, 2001 as modified on January 14, 2002. 
SEC. 111. Section 121 of the Energy and Water Devel-
opment Appropriations Act, 2006 (Public Law 109–103; 
119 Stat. 2256) is amended by striking subsection (a) and 
inserting the following:
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‘‘(a) The Secretary of the Army may carry out and 
fund planning studies, watershed surveys and assessments, 
or technical studies at 100 percent Federal expense to ac-
complish the purposes of the 2003 Biological Opinion de-
scribed in section 205(b) of the Energy and Water Develop-
ment Appropriations Act, 2005 (Public Law 108–447; 118 
Stat. 2949) as amended by subsection (b). In carrying out 
a study, survey, or assessment under this subsection the Sec-
retary shall consult with Federal, State, tribal and local 
governmental entities, as well as entities participating in 
the Middle Rio Grande Endangered Species Collaborative 
Program referred to in section 205 of the Energy and Water 
Development Appropriations Act, 2007. The Secretary may 
also provide planning and administrative assistance to the 
Middle Rio Grande Endangered Species Collaborative Pro-
gram, which assistance shall not be subject to cost sharing 
requirements with non-Federal interests.’’. 
SEC. 112. Nothing in this Act or any other Act shall 
be construed to require a specific deadline for implementa-
tion of 33 CFR 222.5(f)(2) and (3). 
SEC. 113. The project for flood damage reduction, Rio 
de Flag, Flagstaff, Arizona, authorized in section 101(b)(3) 
of the Water Resources Development Act, 2000, is modified 
to authorize the Secretary to construct the project, at a total 
cost of $54,130,000, with an estimated Federal cost of
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$34,970,000, and an estimated non-Federal cost of 
$19,160,000. 
SEC. 114. Section 582(c)(2) of the Water Resources De-
velopment Act of 1999 (Public Law 106–53) is modified 
by striking ‘‘$1,000,000’’ and inserting ‘‘$2,000,000’’, in 
lieu thereof. 
SEC. 115. The project for flood control, Santa Ana 
River Mainstem, including Santiago Creek, California, au-
thorized by section 401(a) of the Water Resources Develop-
ment Act of 1986 (Public Law 99–662), modified by section 
104 of the Energy and Water Development Appropriations 
Act, 1988 (Public Law 100–202), and by section 309 of the 
Water Resources Development Act of 1996 (Public Law 
104–303), is further modified to authorize the Chief of En-
gineers to carry out the project at a total cost of 
$1,800,000,000. 
SEC. 116. The project for flood damage reduction and 
recreation, Upper Guadalupe River, California, authorized 
by section 101(a)(9) of the Water Resources Development 
Act of 1999 (113 Stat. 275), is modified to authorize the 
Secretary to construct the project generally in accordance 
with the Upper Guadalupe River Flood Damage Reduction, 
San Jose, California, Limited Reevaluation Report, dated 
March 2004, at a total cost of $244,500,000, with an esti-
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mated Federal cost of $130,600,000 and an estimated non- 
Federal cost of $113,900,000. 
SEC. 117. The Secretary of the Army, acting through 
the Chief of Engineers, is directed to convey at no cost, 
lands to Tate County School District, Tate County, Mis-
sissippi, the transfer of any real property interests, not to 
exceed 50 acres, at Arkabutla Lake deemed available by the 
Army that is located adjacent to school district property 
in the vicinity of State Highway 306 west of Coldwater, 
Mississippi. Such transfer shall be subject to the reservation 
of any required flowage easements for the operation of 
Arkabutla Lake and which preclude structures for human 
habitation. This property shall be used by the Tate County 
School District for public educational purposes. 
SEC. 118. Section 219(f) of the Water Resources Devel-
opment Act of 1992 (106 Stat. 4835; 113 Stat. 335–337; 
114 Stat. 2763A–220–221) is amended by adding at the 
end the following— 
‘‘(72) CLARK COUNTY, NEVADA.—$50,000,000 for 
wastewater infrastructure, Clark County, Nevada. 
‘‘(73) HENDERSON, NEVADA.—$15,000,000 for 
wastewater infrastructure, Henderson, Nevada.’’. 
SEC. 119. DEVILS LAKE, NORTH DAKOTA. (a) FUND-
ING.—The matter under the heading ‘‘Construction, Gen-
eral’’ in title I of the Energy and Water Development Ap-
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propriations Act, 2003 (117 Stat. 134), is amended by 
striking ‘‘as provided herein’’ and all that follows through 
‘‘Sheyenne River’’ and inserting ‘‘, of which $4,972,000 
shall be used to provide a municipal water supply system 
for Devils Lake, North Dakota in accordance with section 
598 of the Water Resources Act of 1999’’. 
(b) MUNICIPAL WATER SUPPLY SYSTEM.— 
(1) IN GENERAL.—The Water Resources Develop-
ment Act of 1999 (Public Law 106–53; 113 Stat. 269) 
is amended by inserting after section 597 the fol-
lowing: 
‘‘SEC. 598. DEVILS LAKE, NORTH DAKOTA. 
‘‘(a) DEFINITION OF PROJECT.—In this section, the 
term ‘project’ means a project to provide a continued safe 
and reliable municipal water supply system for Devils 
Lake, North Dakota. 
‘‘(b) PROJECT COOPERATION AGREEMENT.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), the 
Secretary shall enter into a project cooperation agree-
ment with the non-Federal interest to provide assist-
ance in designing and constructing the project. 
‘‘(2) RESPONSIBILITY
FOR
DESIGN
WORK.—At 
the option of the non-Federal interest, the non-Federal 
interest may complete the design work for the project.
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‘‘(3) NEPA.—The Secretary shall comply with 
all applicable requirements under the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
before beginning construction on the project. 
‘‘(4) REQUIREMENTS.—The project cooperation 
agreement entered into under this subsection shall 
provide for— 
‘‘(A) the development by local officials of a 
water supply project and related facilities, and 
if the non-Federal interest elects to complete the 
design work for the project, appropriate engi-
neering plans and specifications; and 
‘‘(B) the establishment of such legal and in-
stitutional structures as are necessary to ensure 
the effective long-term operation of the project by 
the non-Federal interest. 
‘‘(5) COST SHARING.— 
‘‘(A) IN GENERAL.—The project cooperation 
agreement shall provide that the Federal share of 
the cost of the project— 
‘‘(i) shall be 75 percent; and 
‘‘(ii) may be in the form of grants or 
reimbursements of project costs. 
‘‘(B) CREDIT FOR DESIGN AND ENGINEER-
ING WORK.—The non-Federal interest shall re-
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ceive credit, not to exceed 6 percent of the total 
construction costs of design and engineering 
work completed by the non-Federal interest be-
fore entering into a project cooperation agree-
ment with the Secretary under this subsection for 
the project. 
‘‘(C) CREDIT FOR LAND, EASEMENTS, AND 
RIGHTS-OF-WAY.—The non-Federal interest shall 
receive credit, not to exceed 25 percent of the 
total cost of the project, for lands, easements, 
rights-of-way, and relocations toward the non- 
Federal share of project costs (including all rea-
sonable costs associated with obtaining permits 
necessary for the construction, operation, and 
maintenance of the project on publicly owned or 
controlled land). 
‘‘(D) OPERATION AND MAINTENANCE.—The 
non-Federal share of operation and maintenance 
costs for the project shall be 100 percent.’’. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section, 
$15,000,000, to remain available until expended. 
SEC. 120. The Secretary of the Army, acting through 
the Chief of Engineers, is directed to fully utilize the Fed-
eral dredging fleet in support of all Army Corps of Engi-
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neers missions and no restrictions shall be placed on the 
use or maintenance of any dredge in the Federal Fleet. 
SEC. 121. The Secretary of the Army, acting through 
the Chief of Engineers, is directed to maintain the Federal 
dredging fleet to technologically modern and efficient stand-
ards. 
SEC. 122. The Secretary of the Army, acting through 
the Chief of Engineers is directed to utilize funds from the 
revolving fund to expeditiously undertake necessary health 
and safety improvements to the dredge ‘‘McFarland’’: Pro-
vided, That the Secretary shall ensure that the Revolving 
Fund is appropriately reimbursed from appropriations of 
the Corps’ benefiting programs by collection each year of 
amounts sufficient to repay the capitalized cost of such con-
struction and improvements. 
SEC. 123. The Secretary of the Army is authorized to 
use funds appropriated under the Missouri River Recovery 
and Mitigation Program to assist the Bureau of Reclama-
tion in the design and construction of facilities of the Bu-
reau of Reclamation’s Lower Yellowstone Project near In-
take, Montana, for the purpose of ecosystem restoration; and 
if appropriate may transfer such funds to the Bureau of 
Reclamation, which shall use such transferred funds for 
such purposes.
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SEC. 124. The U.S. Army Corps of Engineers’ share 
of the total cost for projects and activities authorized under 
16 U.S.C. 410–r–8 shall be limited to $34,650,000. 
SEC. 125. Sections 106 and 108 under title I of Public 
Law 109–103 are repealed. 
SEC. 126. Section 227 of Public Law 104–303 is modi-
fied as follows: 
(1) Section 5(a) is amended by striking ‘‘7’’, and 
inserting ‘‘12’’ in lieu thereof; and 
(2) section 5(e)(2) is amended by striking 
‘‘$25,000,000’’, and inserting ‘‘$40,000,000’’ in lieu 
thereof. 
SEC. 127. All budget documents and justification ma-
terials for the Corps of Engineers annual budget submission 
to Congress shall be assembled and presented based on the 
most recent annual appropriations Act: Provided, That new 
budget proposals for fiscal year 2008 and thereafter, shall 
not be integrated into the budget justifications submitted 
to Congress but shall be submitted separately from the budg-
et justifications documents. 
SEC. 128. CONNECTICUT RIVER WATERSHED STUDY, 
NEW HAMPSHIRE, CONNECTICUT, MASSACHUSETTS, AND 
VERMONT.—Notwithstanding section 221 of the Flood Con-
trol Act of 1970 (42 U.S.C. 1962d–5b), The Nature Conser-
vancy may act as the non-Federal interest for purposes of
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carrying out the work detailed in the agreement executed 
between The Nature Conservancy and the Department of 
the Army on August 5, 2005. 
SEC. 129. The last sentence of section 215(a) of the 
Flood Control Act of 1968 (42 U.S.C. 1962d–5a(a)) is 
amended 
by 
striking 
‘‘$5,000,000’’ 
and 
inserting 
‘‘$7,000,000’’. 
SEC. 130. JOHNSON CREEK, ARLINGTON, TEXAS. (a) 
IN GENERAL.—The project for flood damage reduction, en-
vironmental restoration and recreation, Johnson Creek, Ar-
lington, Texas, authorized by section 101(b)(14) of the 
Water Resources Development Act of 1999 (113 Stat. 280– 
281) is modified to authorize the Secretary to construct the 
project substantially in accordance with the report entitled 
Johnson Creek: A Vision of Conservation, dated March 30, 
2006, at a total cost of $80,000,000, with an estimated Fed-
eral cost of $52,000,000 and an estimated non-Federal cost 
of $28,000,000 if the Secretary determines that the project 
is technically sound and environmentally acceptable. 
(b) NON-FEDERAL SHARE.— 
(1) IN GENERAL.—The non-Federal share of the 
cost of the project may be provided in cash or in the 
form of in-kind services or materials. 
(2) CREDIT
AND
REIMBURSEMENT.—The Sec-
retary shall credit toward the non-Federal share of
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the cost of the project the cost of planning, design, 
and construction work carried out by the non-Federal 
interest for implementation of the project, if the Sec-
retary determines that the work is integral to the 
project. Subject to the availability of funds, the non- 
Federal interest shall be reimbursed for costs incurred 
by the non-Federal interest that exceed the non-Fed-
eral share of project costs. 
(c) CONFORMING AMENDMENT.—Section 134 of the 
Energy and Water Development Appropriations Act, 2006 
(119 Stat. 2264) is repealed. 
SEC. 131. MCALPINE LOCK AND DAM, INDIANA AND 
KENTUCKY. Section 101(a)(10) of the Water Resources De-
velopment Act of 1990, Public Law 101–640, is amended 
by striking both occurrences of ‘‘$219,600,000’’ and insert-
ing in their place ‘‘$430,000,000’’. 
SEC. 132. AUTHORITY TO WAIVE ANNUAL LIMITATION 
ON TOTAL COMPENSATION PAID TO FEDERAL CIVILIAN EM-
PLOYEES. (a) WAIVER AUTHORITY.—During 2006 and not-
withstanding section 5547 of title 5, United States Code, 
the secretary of a military department may waive, subject 
to subsection (b), the limitation established in that section 
for total compensation (including limitations on the aggre-
gate of basic pay and premium pay payable in a calendar 
year) of an employee who performs work in connection with
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an emergency that involves a direct threat to life or prop-
erty, including work performed in the aftermath of such an 
emergency. 
(b) $200,000 MAXIMUM TOTAL COMPENSATION.—The 
total compensation of an employee whose pay is covered by 
a waiver under subsection (a) may not exceed $200,000 in 
a calendar year. 
(c) ADDITIONAL PAY NOT CONSIDERED BASIC PAY.— 
To the extent that a waiver under subsection (a) results in 
payment of additional premium pay of a type that is nor-
mally creditable as basic pay for retirement or any other 
purpose, such additional pay— 
(1) shall not be considered to be basic pay for 
any purpose; and 
(2) shall not be used in computing a lump sum 
payment for accumulated and accrued annual leave 
under section 5551 of title 5, United States Code. 
SEC. 133. The Secretary is authorized and directed to 
reimburse local governments for expenses they have incurred 
in storm-proofing pumping stations, constructing safe 
houses for operators, and other interim flood control meas-
ures in and around the New Orleans metropolitan area, 
provided the Secretary determines those elements of work 
and related expenses to be integral to the overall plan to 
ensure operability of the stations during hurricanes, storms
HR 5427 RS 
and high water events and the flood control plan for the 
area. 
SEC. 134. Section 101(a)(5) of the Water Resources De-
velopment Act of 1996 (110 Stat. 3663) is amended— 
(1) by inserting ‘‘(A) IN GENERAL.—’’ before 
‘‘The’’; and 
(2) by adding at the end the following: 
‘‘(B) 
CREDIT
TOWARD
NON-FEDERAL 
SHARE.—The Secretary shall credit toward the 
non-Federal share of the project the costs ex-
pended by non-Federal interests for the replace-
ment and reconstruction of the Soquel Avenue 
Bridge, if the Secretary determines that the work 
is integral to the project. 
‘‘(C) MAXIMUM AMOUNT OF CREDIT.—The 
credit under paragraph (B) may not exceed 
$2,000,000. 
‘‘(D) LIMITATION
OF
TOTAL
PROJECT 
COST.—The Secretary shall not include the costs 
to be credited under paragraphs (B) and (C) in 
total project costs in determining the amounts of 
the Federal and non-Federal contributions.’’. 
SEC. 135. MISSOURI AND MIDDLE MISSISSIPPI RIV-
ERS ENHANCEMENT PROJECT. Section 514(g) of the Water 
Resources Development Act of 1999 (Public Law 106–53)
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is amended by striking the words ‘‘for the period of fiscal 
years 2000 and 2001.’’ and inserting in lieu thereof ‘‘per 
year, and that authority shall extend until Federal fiscal 
year 2015.’’. 
TITLE II 
DEPARTMENT OF THE INTERIOR 
CENTRAL UTAH PROJECT 
CENTRAL UTAH PROJECT COMPLETION ACCOUNT 
For carrying out activities authorized by the Central 
Utah Project Completion Act, $38,552,000, to remain avail-
able until expended, of which $965,000 shall be deposited 
into the Utah Reclamation Mitigation and Conservation 
Account for use by the Utah Reclamation Mitigation and 
Conservation Commission. 
In addition, for necessary expenses incurred in car-
rying out related responsibilities of the Secretary of the In-
terior, $1,603,000, to remain available until expended. 
For fiscal year 2007, the Commission may use an 
amount not to exceed $1,500,000 for administrative ex-
penses. 
BUREAU OF RECLAMATION 
The following appropriations shall be expended to exe-
cute authorized functions of the Bureau of Reclamation:
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WATER AND RELATED RESOURCES 
(INCLUDING TRANSFER OF FUNDS) 
For management, development, and restoration of 
water and related natural resources and for related activi-
ties, including the operation, maintenance, and rehabilita-
tion of reclamation and other facilities, participation in 
fulfilling related Federal responsibilities to Native Ameri-
cans, and related grants to, and cooperative and other 
agreements with, State and local governments, Indian 
tribes, and others, $888,994,000, to remain available until 
expended, of which $64,878,000 shall be available for trans-
fer to the Upper Colorado River Basin Fund and 
$27,552,000 shall be available for transfer to the Lower Col-
orado River Basin Development Fund; of which such 
amounts as may be necessary may be advanced to the Colo-
rado River Dam Fund; of which not more than $500,000 
is for high priority projects which shall be carried out by 
the Youth Conservation Corps, as authorized by 16 U.S.C. 
1706: Provided, That such transfers may be increased or 
decreased within the overall appropriation under this head-
ing: Provided further, That of the total appropriated, the 
amount for program activities that can be financed by the 
Reclamation Fund or the Bureau of Reclamation special 
fee account established by 16 U.S.C. 460l–6a(i) shall be de-
rived from that Fund or account: Provided further, That 
funds contributed under 43 U.S.C. 395 are available until
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expended for the purposes for which contributed: Provided 
further, That funds advanced under 43 U.S.C. 397a shall 
be credited to this account and are available until expended 
for the same purposes as the sums appropriated under this 
heading: Provided further, That funds available for expend-
iture for the Departmental Irrigation Drainage Program 
may be expended by the Bureau of Reclamation for site re-
mediation on a non-reimbursable basis: Provided further, 
That the Bureau of Reclamation is authorized to determine 
the feasibility of rehabilitating the St. Mary Diversion and 
Conveyance Works in order to provide for sustained envi-
ronmental and economic benefit within the St. Mary and 
Milk River Basins; and to develop an emergency response 
plan, in the case of a catastrophic failure of the St. Mary 
Diversion and Conveyance Works: Provided further, That 
the costs related to this feasibility study shall be expended 
on a non-reimbursable basis: Provided further, That the Bu-
reau of Reclamation is authorized to analyze, review, and 
enhance current cost and design estimates for the repair of 
the inlet and outlet canals of the Jackson Gulch, Mancos 
Project: Provided further, That the Federal share of the cost 
of the studies carried out under this section shall be ex-
pended on a non-reimbursable basis. 
CENTRAL VALLEY PROJECT RESTORATION FUND 
For carrying out the programs, projects, plans, and 
habitat restoration, improvement, and acquisition provi-
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sions of the Central Valley Project Improvement Act, 
$41,478,000, to be derived from such sums as may be col-
lected in the Central Valley Project Restoration Fund pur-
suant to sections 3407(d), 3404(c)(3), 3405(f), and 
3406(c)(1) of Public Law 102–575, to remain available 
until expended: Provided, That the Bureau of Reclamation 
is directed to assess and collect the full amount of the addi-
tional mitigation and restoration payments authorized by 
section 3407(d) of Public Law 102–575: Provided further, 
That none of the funds made available under this heading 
may be used for the acquisition or leasing of water for in- 
stream purposes if the water is already committed to in- 
stream purposes by a court adopted decree or order. 
CALIFORNIA BAY-DELTA RESTORATION 
(INCLUDING TRANSFER OF FUNDS) 
For carrying out activities authorized by the Water 
Supply, Reliability, and Environmental Improvement Act, 
consistent with plans to be approved by the Secretary of 
the Interior, $38,610,000, to remain available until ex-
pended, of which such amounts as may be necessary to 
carry out such activities may be transferred to appropriate 
accounts of other participating Federal agencies to carry 
out authorized purposes: Provided, That funds appro-
priated herein may be used for the Federal share of the costs 
of CALFED Program management: Provided further, That 
the use of any funds provided to the California Bay-Delta
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Authority for program-wide management and oversight ac-
tivities shall be subject to the approval of the Secretary of 
the Interior: Provided further, That CALFED implementa-
tion shall be carried out in a balanced manner with clear 
performance measures demonstrating concurrent progress 
in achieving the goals and objectives of the Program. 
POLICY AND ADMINISTRATION 
For necessary expenses of policy, administration, and 
related functions in the office of the Commissioner, the Den-
ver office, and offices in the five regions of the Bureau of 
Reclamation, 
to 
remain 
available 
until 
expended, 
$58,069,000, to be derived from the Reclamation Fund and 
be nonreimbursable as provided in 43 U.S.C. 377: Provided, 
That no part of any other appropriation in this Act shall 
be available for activities or functions budgeted as policy 
and administration expenses. 
ADMINISTRATIVE PROVISIONS 
Appropriations for the Bureau of Reclamation shall 
be available for purchase of not to exceed 14 passenger 
motor vehicles, of which 11 are for replacement only. 
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR 
SEC. 201. (a) None of the funds appropriated or other-
wise made available by this Act may be used to determine 
the final point of discharge for the interceptor drain for 
the San Luis Unit until development by the Secretary of 
the Interior and the State of California of a plan, which
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shall conform to the water quality standards of the State 
of California as approved by the Administrator of the Envi-
ronmental Protection Agency, to minimize any detrimental 
effect of the San Luis drainage waters. 
(b) The costs of the Kesterson Reservoir Cleanup Pro-
gram and the costs of the San Joaquin Valley Drainage 
Program shall be classified by the Secretary of the Interior 
as reimbursable or nonreimbursable and collected until fully 
repaid pursuant to the ‘‘Cleanup Program-Alternative Re-
payment Plan’’ and the ‘‘SJVDP-Alternative Repayment 
Plan’’ described in the report entitled ‘‘Repayment Report, 
Kesterson Reservoir Cleanup Program and San Joaquin 
Valley Drainage Program, February 1995’’, prepared by 
the Department of the Interior, Bureau of Reclamation. 
Any future obligations of funds by the United States relat-
ing to, or providing for, drainage service or drainage stud-
ies for the San Luis Unit shall be fully reimbursable by 
San Luis Unit beneficiaries of such service or studies pur-
suant to Federal reclamation law. 
SEC. 202. None of the funds appropriated or otherwise 
made available by this or any other Act may be used to 
pay the salaries and expenses of personnel to purchase or 
lease water in the Middle Rio Grande or the Carlsbad 
Projects in New Mexico unless said purchase or lease is in
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compliance with the purchase requirements of section 202 
of Public Law 106–60. 
SEC. 203. Funds under this title for Drought Emer-
gency Assistance shall be made available primarily for leas-
ing of water for specified drought related purposes from 
willing lessors, in compliance with existing State laws and 
administered under State water priority allocation. Such 
leases may be entered into with an option to purchase: Pro-
vided, That such purchase is approved by the State in 
which the purchase takes place and the purchase does not 
cause economic harm within the State in which the pur-
chase is made. 
SEC. 204. The Secretary of the Interior, acting through 
the Commissioner of the Bureau of Reclamation, is author-
ized to enter into grants, cooperative agreements, and other 
agreements with irrigation or water districts and States to 
fund up to 50 percent of the cost of planning, designing, 
and constructing improvements that will conserve water, 
increase water use efficiency, or enhance water management 
through measurement or automation, at existing water sup-
ply projects within the States identified in the Act of June 
17, 1902, as amended, and supplemented: Provided, That 
when such improvements are to federally owned facilities, 
such funds may be provided in advance on a non-reimburs-
able basis to an entity operating affected transferred works