IIB 
109TH CONGRESS 
1ST SESSION H. R. 2419
IN THE SENATE OF THE UNITED STATES 
MAY 25, 2005
Received; read twice and referred to the Committee on Appropriations 
AN ACT 
Making appropriations for energy and water development 
for the fiscal year ending September 30, 2006, 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, 2006, 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-
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vision of the Chief of Engineers for authorized civil func-
tions of the Department of the Army pertaining to rivers 
and harbors, flood and storm damage 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 
and storm damage reduction, aquatic ecosystem restora-
tion, and related projects, restudy of authorized projects, 
miscellaneous investigations, and, when authorized by law, 
surveys and detailed studies and plans and specifications 
of projects prior to construction, $100,000,000 to remain 
available until expended: Provided, That, except as pro-
vided in section 101 of this Act, the amounts made avail-
able under this paragraph shall be expended as authorized 
in law for the projects and activities specified in the report 
accompanying this Act. 
CONSTRUCTION 
For expenses necessary for the construction of river 
and harbor, flood and storm damage reduction, aquatic 
ecosystem restoration, and related projects authorized by 
law; for conducting detailed studies, and plans and speci-
fications, of such projects (including those involving par-
ticipation by States, local governments, or private groups) 
authorized or made eligible for selection by law (but such
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detailed studies, and plans and specifications, shall not 
constitute a commitment of the Government to construc-
tion); and for the benefit of federally listed species to ad-
dress the effects of civil works projects owned or operated 
by the United States Army Corps of Engineers, 
$1,763,000,000, 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 derived from 
the Harbor Maintenance Trust Fund as authorized by 
Public Law 104–303; and of which $182,668,000, pursu-
ant to Public Law 99–662, shall be derived from the In-
land Waterways Trust Fund, to cover one-half of the costs 
of construction and rehabilitation of inland waterways 
projects; and of which $4,000,000 shall be exclusively for 
projects and activities authorized under section 107 of the 
River and Harbor Act of 1960; and of which $500,000 
shall be exclusively for projects and activities authorized 
under section 111 of the River and Harbor Act of 1968; 
and of which $1,000,000 shall be exclusively for projects 
and activities authorized under section 103 of the River 
and Harbor Act of 1962; and of which $25,000,000 shall 
be exclusively available for projects and activities author-
ized under section 205 of the Flood Control Act of 1948; 
and of which $8,000,000 shall be exclusively for projects
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and activities authorized under section 14 of the Flood 
Control Act of 1946; and of which $400,000 shall be ex-
clusively for projects and activities authorized under sec-
tion 208 of the Flood Control Act of 1954; and of which 
$17,400,000 shall be exclusively for projects and activities 
authorized under section 1135 of the Water Resources De-
velopment Act of 1986; and of which $18,000,000 shall 
be exclusively for projects and activities authorized under 
section 206 of the Water Resources Act of 1996; and of 
which $4,000,000 shall be exclusively for projects and ac-
tivities authorized under section 204 of the Water Re-
sources Act of 1992: Provided, That, except as provided 
in section 101 of this Act, the amounts made available 
under this paragraph shall be expended as authorized in 
law for the projects and activities specified in the report 
accompanying this Act. 
In addition, $137,000,000 shall be available for 
projects and activities authorized under 16 U.S.C. 410–
r–8 and section 601 of Public Law 106–541. 
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, 
ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS-
SISSIPPI, MISSOURI, AND TENNESSEE 
For expenses necessary for the flood damage reduc-
tion program for the Mississippi River alluvial valley below 
Cape Girardeau, Missouri, as authorized by law,
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$290,000,000 to remain available until expended, of which 
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: 
Provided, That, except as provided in section 101 of this 
Act, the amounts made available under this paragraph 
shall be expended as authorized in law for the projects 
and activities 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; for the benefit of 
federally listed species to address the effects of civil works 
projects owned or operated by the United States Army 
Corps of Engineers (the ‘‘Corps’’); for providing security 
for infrastructure owned and operated by, or on behalf of, 
the Corps, including administrative buildings and facili-
ties, laboratories, and the Washington Aqueduct; for the 
maintenance of harbor channels provided by a State, mu-
nicipality, or other public agency that serve essential navi-
gation needs of general commerce, where authorized by 
law; and for surveys and charting of northern and north-
western lakes and connecting waters, clearing and
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straightening channels, and removal of obstructions to 
navigation, $2,000,000,000 to remain available until ex-
pended, of which such sums to cover the Federal share 
of operation and maintenance 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 derived from that fund; of which such 
sums as become available from the special account for the 
Corps established 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, re-
search, interpretation, and maintenance activities related 
to resource protection in the areas at which outdoor recre-
ation is available; and of which such sums as become avail-
able under section 217 of the Water Resources Develop-
ment 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, except as provided in sec-
tion 101 of this Act, the amounts made available under 
this paragraph shall be expended as authorized in law for 
the projects and activities specified in the report accom-
panying this Act.
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REGULATORY PROGRAM 
For expenses necessary for administration of laws 
pertaining to regulation of navigable waters and wetlands, 
$160,000,000, 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 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, $152,021,000 to remain available 
until expended: Provided, That no part of any other appro-
priation provided in 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.
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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), $4,000,000. 
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 new program, project, 
or activity; 
(2) eliminates a program, project, or activity; 
(3) increases funds or personnel for any pro-
gram, project, or activity for which funds are denied 
or restricted by this Act;
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(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 10 percent, 
whichever is less; or 
(6) reduces funds for any program, project, or 
activity by more than $2,000,000 or 10 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 
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 Act of 1996, or section 204 of 
the Water Resources Act of 1992. 
SEC. 102. None of the funds appropriated in this Act 
may be used by the United States Army Corps of Engi-
neers to support activities related to the proposed Ridge 
Landfill in Tuscarawas County, Ohio. 
SEC. 103. None of the funds appropriated in this Act 
may be used by the United States Army Corps of Engi-
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neers to support activities related to the proposed Indian 
Run Sanitary Landfill in Sandy Township, Stark County, 
Ohio. 
SEC. 104. After February 6, 2006, none of the funds 
made available in title I of this Act may be used to award 
any continuing contract or to make modifications to any 
existing continuing contract that obligates the United 
States Government during fiscal year 2007 to make pay-
ment under such contract for any project that is proposed 
for deferral or suspension in fiscal year 2007 in the mate-
rials prepared by the Assistant Secretary of the Army 
(Civil Works) for that fiscal year pursuant to provisions 
of chapter 11 of title 31, United States Code. 
SEC. 105. 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 reserves an amount for a project in excess 
of the amount appropriated for such project pursuant to 
this Act. 
SEC. 106. None of the funds in title I of this Act 
shall be available for the rehabilitation and lead and asbes-
tos abatement of the dredge McFarland: Provided, That 
amounts provided in title I of this Act are hereby reduced 
by $18,630,000.
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SEC. 107. None of the funds in this Act may be ex-
pended 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 construction of 
the Port Jersey element until commitments for construc-
tion of container handling facilities are obtained from the 
non-Federal sponsor for a second user along the Port Jer-
sey element. 
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, $32,614,000, to remain 
available until expended, of which $946,000 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, $1,736,000, to remain available until expended.
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BUREAU OF RECLAMATION 
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, $832,000,000, to remain available until 
expended, of which $55,544,000 shall be available for 
transfer to the Upper Colorado River Basin Fund and 
$21,998,000 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)
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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, 
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. 
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, 
$52,219,000, 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
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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 Calfed 
Bay Delta Authorization Act, consistent with plans to be 
approved by the Secretary of the Interior, $35,000,000, 
to remain available until expended, 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: Pro-
vided, That funds appropriated herein may be used for 
the Federal share of the costs of CALFED Program man-
agement: Provided further, That the use of any funds pro-
vided 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 
further, That CALFED implementation shall be carried 
out in a balanced manner with clear performance meas-
ures 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 
Denver office, and offices in the five regions of the Bureau
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of Reclamation, to remain available until expended, 
$57,917,000, 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 
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
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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 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 compliance with the purchase requirements of section 
202 of Public Law 106–60. 
SEC. 203. (a) Section 1(a) of the Lower Colorado 
Water Supply Act (Public Law 99–655) is amended by 
adding at the end the following: ‘‘The Secretary is author-
ized to enter into an agreement or agreements with the 
city of Needles or the Imperial Irrigation District for the 
design and construction of the remaining stages of the 
Lower Colorado Water Supply Project on or after Novem-
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ber 1, 2004, and the Secretary shall ensure that any such 
agreement or agreements include provisions setting forth: 
(1) the responsibilities of the parties to the agreement for 
design and construction; (2) the locations of the remaining 
wells, discharge pipelines, and power transmission lines; 
(3) the remaining design capacity of up to 5,000 acre-feet 
per year which is the authorized capacity less the design 
capacity of the first stage constructed; (4) the procedures 
and requirements for approval and acceptance by the Sec-
retary of the remaining stages, including approval of the 
quality of construction, measures to protect the public 
health and safety, and procedures for protection of such 
stages; (5) the rights, responsibilities, and liabilities of 
each party to the agreement; and (6) the term of the 
agreement.’’. 
(b) Section 2(b) of the Lower Colorado Water Supply 
Act (Public Law 99–655) is amended by adding at the 
end the following: ‘‘Subject to the demand of such users 
along or adjacent to the Colorado River for Project water, 
the Secretary is further authorized to contract with addi-
tional persons or entities who hold Boulder Canyon 
Project Act section 5 contracts for municipal and indus-
trial uses within the State of California for the use or ben-
efit of Project water under such terms as the Secretary
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determines will benefit the interest of Project users along 
the Colorado River.’’. 
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, 
$1,762,888,000 (increased by $1,000,000), to remain 
available until expended. 
CLEAN COAL TECHNOLOGY 
(DEFERRAL) 
Of the funds made available under this heading for 
obligation in prior years, $257,000,000 shall not be avail-
able until October 1, 2006: Provided, That funds made 
available in previous appropriations Acts shall be made 
available for any ongoing project regardless of the sepa-
rate request for proposal under which the project was se-
lected.