IB 
Union Calendar No. 262 
109TH CONGRESS 
2D SESSION 
H. R. 5427 
[Report No. 109–474] 
Making appropriations for energy and water development for the fiscal year 
ending September 30, 2007, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 19, 2006 
Mr. HOBSON, from the Committee on Appropriations, reported the following 
bill; which was committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
A BILL 
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. 
410–r–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. Notwithstanding any other provision of 
law, the requirements regarding the use of continuing con-
tracts under the authority of section 206 of the Water Re-
sources Development Act of 1999 (33 U.S.C. 2331) shall 
apply only to projects funded under the Operation and 
Maintenance account and the Operation and Maintenance 
subaccount of the Flood Control, Mississippi River and 
Tributaries account. 
SEC. 103. 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. 
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SEC. 104. 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. 
SEC. 105. (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. 106. 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. 107. 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 
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Civil Works contracts and real estate acquisitions that 
have been financed by the Judgment Fund. 
SEC. 108. 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. 109. 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. 
SEC. 110. None of the funds made available under 
this Act may be used to revise the master control plans 
and master manuals of the Corps of Engineers for the 
Alabama, Coosa, Tallapoosa River basin in Alabama and 
Georgia or the Apalachicola, Chattahoochee, Flint River 
Basin in Alabama, Georgia, and Florida. 
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-
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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 
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 
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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, 
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 
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