HR 5427 RFS 
from the non-Federal sponsor for a second user along the 
Port Jersey element. 
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. 
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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 
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: 
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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 
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-
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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, 
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, 
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$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 
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 
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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 
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. 
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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 
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 
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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-
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. 
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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. 
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 
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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 
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-
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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, 
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. 
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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. 
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. 
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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 
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-
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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-
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 
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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: 
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 
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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 
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-
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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 
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. 
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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. 
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. 
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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 
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. 
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ENVIRONMENTAL AND OTHER DEFENSE 
ACTIVITIES 
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 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 
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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 
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 
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Administration pursuant to the Flood Control Act of 1944 
to recover purchase power and wheeling expenses shall be 
credited to this account as offsetting collections, to remain 
available until expended for the sole purpose of making 
purchase power and wheeling expenditures. 
OPERATION AND MAINTENANCE, SOUTHWESTERN 
POWER ADMINISTRATION 
For necessary expenses of operation and maintenance 
of power transmission facilities and of marketing electric 
power and energy, for construction and acquisition of 
transmission lines, substations and appurtenant facilities, 
and for administrative expenses, including official 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. 
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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-
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 
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$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 
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-
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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 
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-
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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: 
(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 
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grants, on a case-by-case basis, a waiver to allow for such 
a deviation. The Secretary may not delegate the authority 
to grant such a waiver. At least 60 days before a contract 
award for which the Secretary intends to grant such a 
waiver, the Secretary shall submit to the Committees on 
Appropriations of the House of Representatives and the 
Senate a report notifying the Committees of the waiver 
and setting forth, in specificity, the substantive reasons 
why the Secretary believes the requirement for competition 
should be waived for this particular award. 
SEC. 302. WORKFORCE RESTRUCTURING.—None of 
the funds appropriated by this Act may be used to— 
(1) develop or implement a workforce 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 
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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. 
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 
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certifies in advance that such services are not available 
from private sector businesses. 
SEC. 307. USER FACILITIES.—When the Department 
of Energy makes a user facility available to universities 
or other potential users, or seeks input from universities 
or other potential users regarding significant 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 
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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. 
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. 
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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. 
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. 
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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) 
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 
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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 
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. 
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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. 
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 
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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). 
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’’. 
Passed the House of Representatives May 24, 2006. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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