216 
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 
INDUSTRIAL TECHNOLOGY SERVICES 
(RESCISSION) 
Of the unobligated balances available under this head-
ing from prior year appropriations, $18,800,000 are re-
scinded. 
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
(RESCISSION) 
Of the unobligated balances available in accounts 
under this heading from prior year appropriations, 
$11,372,000 are rescinded. 
DEPARTMENT OF JUSTICE 
GENERAL ADMINISTRATION 
SALARIES AND EXPENSES 
(RESCISSION) 
Of the unobligated balances available under this head-
ing, $7,400,000 are rescinded. 
JUSTICE INFORMATION SHARING TECHNOLOGY 
(RESCISSION) 
Of the unobligated balances available under this head-
ing, $5,000,000 are rescinded. 
WORKING CAPITAL FUND 
(RESCISSION) 
Of the unobligated balances available under this head-
ing, $41,000,000 are rescinded.
217 
TELECOMMUNICATIONS CARRIER COMPLIANCE FUND 
(RESCISSION) 
Of the unobligated balances available under this head-
ing, $1,300,000 are rescinded. 
DETENTION TRUSTEE 
(RESCISSION) 
Of the unobligated balances available under this head-
ing, $145,000,000 are rescinded. 
LEGAL ACTIVITIES 
ASSETS FORFEITURE FUND 
(RESCISSION) 
Of the unobligated balances available under this head-
ing, $240,000,000 are rescinded. 
OFFICE ON VIOLENCE AGAINST WOMEN 
VIOLENCE AGAINST WOMEN PREVENTION AND 
PROSECUTION PROGRAMS 
(RESCISSION) 
Of the unobligated balances available under this head-
ing from prior year appropriations, $14,700,000 are re-
scinded. 
OFFICE OF JUSTICE PROGRAMS 
(RESCISSION) 
Of the unobligated balances available under this head-
ing from prior year appropriations, $87,500,000 are re-
scinded, not later than September 30, 2008.
218 
COMMUNITY ORIENTED POLICING SERVICES 
(RESCISSIONS) 
Of the unobligated balances available under this head-
ing from prior year appropriations, $87,500,000 are re-
scinded, not later than September 30, 2008. 
Of the unobligated funds previously appropriated from 
the Violent Crime Reduction Trust Fund under this head-
ing, $10,278,000 are rescinded. 
NATIONAL AERONAUTICS AND SPACE 
ADMINISTRATION 
(RESCISSION) 
Of the unobligated balances available to the National 
Aeronautics and Space Administration from prior year ap-
propriations, $192,475,000 are rescinded: Provided, That 
within 30 days after the date of the enactment of this section 
the Administrator shall submit to the Committees on Ap-
propriations a report specifying the amount of each rescis-
sion made pursuant to this section. 
NATIONAL SCIENCE FOUNDATION 
(RESCISSION) 
Of the unobligated balances available to the National 
Science Foundation from prior year appropriations, 
$33,000,000 are rescinded: Provided, That within 30 days 
after the date of the enactment of this section the Director 
shall submit to the Committees on Appropriations a report
219 
specifying the amount of each rescission made pursuant to 
this section. 
This Act may be cited as the ‘‘Commerce, Justice, 
Science, and Related Agencies Appropriations Act, 2008’’. 
DIVISION C—ENERGY AND WATER DEVELOP-
MENT AND RELATED AGENCIES APPROPRIA-
TIONS ACT, 2008 
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 and storm damage reduction, shore pro-
tection, aquatic ecosystem restoration, and related purposes. 
INVESTIGATIONS 
(INCLUDING RESCISSION OF FUNDS) 
For expenses necessary for the collection and study of 
basic information pertaining to river and harbor, flood and 
storm damage reduction, shore protection, aquatic eco-
system restoration, and related projects; restudy of author-
ized projects, miscellaneous investigations; and, when au-
thorized by law, surveys and detailed studies, and plans 
and specifications of projects prior to construction,
220 
$167,261,000, to remain available until expended: Pro-
vided, That of the funds provided under this heading of 
Public Law 106–554, $100,000 are rescinded: Provided fur-
ther, That using $2,952,000 of the funds provided herein, 
the Secretary of the Army acting through the Chief of Engi-
neers shall continue the Louisiana Coastal Protection and 
Restoration study at full Federal expense: Provided further, 
That using $1,968,000 of the funds provided herein, the Sec-
retary of the Army acting through the Chief of Engineers 
shall continue the Coastal Mississippi Hurricane and 
Storm Damage Reduction study at full Federal expense: 
Provided further, That funds in the amount of $461,000 
are provided to continue environmental studies for the Pine 
Mountain Dam, Arkansas, project: Provided further, That 
cost sharing of preconstruction engineering and design shall 
be as previously applied to this activity. 
CONSTRUCTION 
(INCLUDING RESCISSIONS OF FUNDS) 
For expenses necessary for the construction of river 
and harbor, flood and storm damage reduction, shore pro-
tection, aquatic ecosystem restoration, and related projects 
authorized by law, including a portion of the expenses for 
the modifications authorized by section 104 of the Ever-
glades National Park Protection and Expansion Act of 
1989; for conducting detailed studies, and plans and speci-
fications, of such projects (including those involving par-
221 
ticipation by States, local governments, or private groups) 
authorized or made eligible for selection by law (but such 
detailed studies, and plans and specifications, shall not con-
stitute a commitment of the Government to construction); 
$2,294,029,000, 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 Mate-
rial Disposal Facilities program shall be derived from the 
Harbor Maintenance Trust Fund as authorized by Public 
Law 104–303; and 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 (including the rehabilitation costs for Lock and 
Dam 11, Mississippi River, Iowa; Lock and Dam 19, Mis-
sissippi 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; and of 
which $7,380,000 shall be exclusively for projects and ac-
tivities authorized under section 107 of the River and Har-
bor Act of 1960; and of which $4,796,000 shall be exclu-
sively for projects and activities authorized under section
222 
111 of the River and Harbor Act of 1968; and of which 
$4,428,000 shall be exclusively for projects and activities 
authorized under section 103 of the River and Harbor Act 
of 1962; and of which $42,312,000 shall be exclusively for 
projects and activities authorized under section 205 of the 
Flood Control Act of 1948; and of which $9,840,000 shall 
be exclusively for projects and activities authorized under 
section 14 of the Flood Control Act of 1946; and of which 
$0 shall be exclusively for projects and activities authorized 
under section 208 of the Flood Control Act of 1954; and 
of which $29,520,000 shall be exclusively for projects and 
activities authorized under section 1135 of the Water Re-
sources Development Act of 1986; and of which $29,520,000 
shall be exclusively for projects and activities authorized 
under section 206 of the Water Resources Development Act 
of 1996; and of which $5,292,000 shall be exclusively for 
projects and activities authorized under sections 204 and 
207 of the Water Resources Development Act of 1992 and 
section 933 of the Water Resources Development Act of 
1986: Provided, That the Chief of Engineers is directed to 
use $12,792,000 of the funds appropriated herein for the 
Dallas Floodway 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
223 
$1,968,000 of the funds provided herein for the Hawaii 
Water Management Project: Provided further, That the 
Chief of Engineers is directed to use $5,166,000 of the funds 
appropriated herein for planning, engineering, design or 
construction of the Grundy, Buchanan County, and 
Dickenson County, Virginia, elements 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 $18,204,000 of the funds appropriated 
herein to continue planning, engineering, design or con-
struction of the Lower Mingo County, Upper Mingo County, 
Wayne County, McDowell County, West Virginia, elements 
of the Levisa and Tug Forks of the Big Sandy River and 
Upper Cumberland River Project: Provided further, That 
the Secretary of the Army, acting through the Chief of Engi-
neers, is directed to use $4,920,000 of the funds appro-
priated herein for the Clover Fork, City of Cumberland, 
Town of Martin, Pike County (including Levisa Fork and 
Tug Fork Tributaries), Bell County, Harlan County in ac-
cordance with the Draft Detailed Project Report dated Jan-
uary 2002, Floyd County, Martin County, Johnson County, 
and Knox County, Kentucky, detailed project report, ele-
ments of the Levisa and Tug Forks of the Big Sandy River 
and Upper Cumberland River: Provided further, That the 
Secretary of the Army is directed to use any remaining
224 
available funds from funds appropriated in Public Law 
103–126 (107 Stat. 1315) for carrying out engineering and 
design for the relocation of the comfort and lifeguard sta-
tions on the Atlantic Coast of New York City from Rock-
away Inlet to Norton Point, New York, project for construc-
tion of other features of the project: Provided further, That 
the Secretary of the Army is directed to use any remaining 
available funds from the funds appropriated in Public Law 
107–66 (115 Stat. 488) for increasing the authorized level 
of protection for the Bois Brule Drainage and Levee Dis-
trict, Missouri, project, to continue design deficiency re-
pairs on the project: Provided further, That the Chief of En-
gineers is directed to use $2,952,000 of the funds provided 
herein to initiate planning and design of a rural health 
care facility on the Fort Berthold Reservation of the Three 
Affiliated Tribes, North Dakota: Provided further, That 
$1,476,000 of the funds provided herein shall be available 
to continue detailed design including plans and specifica-
tions, execute a PCA and initiate construction of Phases 
I and II for the Greenbrier River Basin, Marlinton, West 
Virginia, project: Provided further, That the Secretary of 
the Army shall use up to $5,904,000 including the prior 
unobligated balance of $4,972,000 from the Devils Lake 
Outlet, North Dakota, project for the North Dakota environ-
mental infrastructure project: Provided further, That the
225 
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: Provided 
further, That of the funds provided under this heading the 
following amounts are rescinded: from Public Law 101– 
101, $435,000; from Public Law 102–377, $1,740,000; from 
Public Law 103–126, $797,000; and from Public Law 105– 
245, $1,716,000. 
MISSISSIPPI RIVER AND TRIBUTARIES 
For expenses necessary for the flood damage reduction 
program for the Mississippi River alluvial valley below 
Cape Girardeau, Missouri, as authorized by law, 
$387,402,000, 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: Pro-
vided, That the Chief of Engineers is directed to use 
$9,840,000 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 $9,840,000 
appropriated herein for construction of water withdrawal 
features of the Grand Prairie, Arkansas, project.
226 
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-
moval of obstructions to navigation, $2,243,637,000, 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; of which such sums as become avail-
able 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, research, interpretation, and main-
227 
tenance activities related to resource protection 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 appro-
priated herein, for the Intracoastal Waterway, Delaware 
River to Chesapeake Bay, Delaware and Maryland, the 
Chief of Engineers, is directed to reimburse the State of 
Delaware for normal operation and maintenance costs in-
curred by the State of Delaware for the SR1 Bridge from 
station 58∂00 to station 293∂00 between October 1, 2007, 
and September 30, 2008: Provided further, That the Sec-
retary of the Army, acting through the Chief of Engineers, 
is directed to use up to $350,000 of the funds appropriated 
herein to reimburse the City of Glen Cove, New York, for 
costs associated with the maintenance dredging of Glen Cove 
Creek incurred prior to enactment of this Act. 
REGULATORY PROGRAM 
For expenses necessary for administration of laws per-
taining to regulation of navigable waters and wetlands, 
$180,000,000, 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-
228 
formed as part of the Nation’s early atomic energy pro-
gram, $140,000,000, to remain available until expended. 
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-
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, $175,046,000, 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) 
For the Office of the Assistant Secretary of the Army 
(Civil Works) as authorized by 10 U.S.C. 3016(b)(3), 
$4,500,000 is provided. 
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
229 
(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, or provided by previous appropriations Acts 
to the agencies or entities funded in title I of this Act that 
remain available for obligation or expenditure in fiscal year 
2008, 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 have been 
denied or restricted by this Act, unless prior approval 
is received from the House and Senate Committees on 
Appropriations; 
(4) proposes to use funds directed for a specific 
activity by either the House or the Senate Committees 
on Appropriations for a different purpose, unless 
prior approval is received from the House and Senate 
Committees on Appropriations; 
(5) augments or reduces existing programs, 
projects or activities in excess of the amounts con-
tained in subsections 6 through 10, unless prior ap-
230 
proval is received from the House and Senate Com-
mittees on Appropriations; 
(6) INVESTIGATIONS.—For a base level over 
$100,000, reprogramming of 25 percent of the base 
amount up to a limit of $150,000 per project, study 
or activity is allowed: Provided, That for a base level 
less than $100,000, the reprogramming limit is 
$25,000; Provided further, That up to $25,000 may be 
reprogrammed into any continuing study or activity 
that did not receive an appropriation for existing ob-
ligations and concomitant administrative expenses; 
(7) CONSTRUCTION.—For a base level over 
$2,000,000, reprogramming of 15 percent of the base 
amount up to a limit of $3,000,000 per project, study 
or activity is allowed: Provided, That for a base level 
less than $2,000,000, the reprogramming limit is 
$300,000: Provided further, That up to $3,000,000 
may be reprogrammed for settled contractor claims, 
changed conditions, or real estate deficiency judg-
ments; Provided further, That up to $300,000 may be 
reprogrammed into any continuing study or activity 
that did not receive an appropriation for existing ob-
ligations and concomitant administrative expenses; 
(8) OPERATION AND MAINTENANCE.—Unlimited 
reprogramming authority is granted in order for the
231 
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 a base level over 
$1,000,000, reprogramming of 15 percent of the base 
amount up to a limit of $5,000,000 per project, study 
or activity is allowed: Provided further, That for a 
base level less than $1,000,000, the reprogramming 
limit is $150,000: Provided further, That $150,000 
may be reprogrammed into any continuing study or 
activity that did not receive an appropriation; 
(9) MISSISSIPPI RIVER AND TRIBUTARIES.—The 
same reprogramming guidelines for the Investiga-
tions, Construction, and Operation and Maintenance 
portions of the Mississippi River and Tributaries Ac-
count as listed above; and 
(10) FORMERLY UTILIZED SITES REMEDIAL AC-
TION PROGRAM.—Reprogramming of up to 15 percent 
of the base of the receiving project is permitted. 
(b) CONTINUING AUTHORITIES PROGRAM.—Subsection 
(a)(1) shall not apply to any project or activity funded 
under the continuing authorities program. 
(c) Not later than 60 days after the date of enactment 
of this Act, the Corps of the Engineers shall submit a report
232 
to the House and Senate Committees on Appropriations to 
establish the baseline for application of reprogramming and 
transfer authorities for the current fiscal year: Provided, 
That the report shall include: 
(1) A table for each appropriation with a sepa-
rate column to display the President’s budget request, 
adjustments made by Congress, adjustments due to 
enacted rescissions, if appropriate, and the fiscal year 
enacted level; 
(2) A delineation in the table for each appro-
priation both by object class and program, project 
and activity as detailed in the budget appendix for 
the respective appropriations; and 
(3) An identification of items of special congres-
sional interest: Provided further, That the amount ap-
propriated for salaries and expenses of the Corps of 
Engineers shall be reduced by $100,000 per day for 
each day after the required date that the report has 
not been submitted to the Congress. 
SEC. 102. None of the funds made available in this 
title may be used to award any continuing contract or make 
modifications to any existing continuing contract that com-
mits an amount for a project in excess of the amounts ap-
propriated for that project that remain unobligated, except 
that such amounts may include any funds that have been
233 
made available through reprogramming to that project pur-
suant to section 101 of this Act. 
SEC. 103. None of the funds in this Act, or previous 
Acts, making funds available for Energy and Water Devel-
opment, shall be used to implement any pending or future 
competitive sourcing actions under OMB Circular A–76 or 
High Performing Organizations for the U.S. Army Corps 
of Engineers. 
SEC. 104. 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. 105. Within 90 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 
or component under the Wolf Creek Project, Lake Cum-
berland, Kentucky, authorized under the Act of June 28,
234 
1938 (52 Stat. 1215, ch. 795) and the Act of July 24, 1946 
(60 Stat. 636, ch. 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. 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-
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. 108. 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-
235 
tween the Commission and the Department of the Army 
dated December 3, 2001 as modified on January 14, 2002. 
SEC. 109. 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: 
‘‘(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) and the collabo-
rative program long-term plan. In carrying out a study, 
survey, or assessment under this subsection, the Secretary 
of the Army shall consult with Federal, State, tribal and 
local governmental entities, as well as entities participating 
in the Middle Rio Grande Endangered Species Collabo-
rative Program referred to in section 205 of this Act: Pro-
vided, That the Secretary of the Army may also provide 
planning and administrative assistance to the Middle Rio 
Grande Endangered Species Collaborative Program, which 
shall not be subject to cost sharing requirements with non- 
Federal interests.’’.
236 
SEC. 110. 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. 111. Section 594 of the Water Resources Develop-
ment Act of 1999 is amended by striking ‘‘sec. 594. ohio.’’ 
and inserting in lieu thereof ‘‘sec. 594. ohio and north da-
kota.’’ and in (a) strike ‘‘Ohio.’’ and insert in lieu thereof 
‘‘Ohio and North Dakota.’’ and in (b) strike ‘‘Ohio,’’ and 
insert in lieu thereof ‘‘Ohio and North Dakota,’’ and in (h) 
strike 
‘‘$240,000,000.’’ 
and 
insert 
in 
lieu 
thereof 
‘‘$240,000,000 for Ohio and $100,000,000 for North Da-
kota.’’. 
SEC. 112. The Secretary of the Army, acting through 
the Chief of Engineers, is directed and authorized to conduct 
preconstruction engineering and design activities at full 
Federal expense for the Kahuku Storm Damage Reduction
237 
Project, Oahu, Hawaii, which includes interior drainage 
and related improvements to be constructed on lands that 
may include Federal land, the cost of the preconstruction, 
engineering, and design activities shall be included in total 
project costs to be cost shared at the rate of 65 percent Fed-
eral and 35 percent non-Federal, as a part of construction 
and the Decision Document contents shall be limited to a 
design analysis and supporting NEPA documentation for 
drainage improvements. 
SEC. 113. Section 227 of Public Law 104–303 is 
amended in section 5(a) by striking ‘‘7’’, and inserting 
‘‘12’’ in lieu thereof. 
SEC. 114. 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. 115. The Secretary of the Army acting through 
the Chief of Engineers is directed to plan, design, and con-
struct a rural health care facility on the Fort Berthold In-
dian Reservation of the Three Affiliated Tribes, North Da-
kota, at an estimated Federal cost of $20,000,000. The Sec-
238 
retary shall transfer this facility to the Secretary of the In-
terior for operation and maintenance upon the completion 
of construction. 
SEC. 116. 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. 117. 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
239 
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) and section 5143 of the Water Resources 
Development Act of 2007, (Public Law 110–114) are re-
pealed. 
SEC. 118. 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 
and high water events and the flood control plan for the 
area. 
SEC. 119. Section 219(f) of the Water Resources Devel-
opment Act of 1992 (Public Law 102–580, 106 Stat. 4835
240 
et seq.), as amended, is further amended by striking sub-
section ‘‘(71) Coronado, California’’, in its entirety and in-
serting the following: 
‘‘(71) CORONADO, CALIFORNIA. 
‘‘(A) $10,000,000 is authorized for waste-
water infrastructure, Coronado, California. 
‘‘(B) The Federal Share may be in the form 
of grants or reimbursements of project costs in-
curred by the non-Federal sponsor for work per-
formed by the non-Federal sponsor before or after 
the execution of a project cooperation agreement, 
if the Secretary determines that such work is in-
tegral to the project. 
‘‘(C) The Secretary is authorized to credit 
towards the non-Federal share of project costs the 
costs incurred by the non-Federal sponsor for 
work performed by the non-Federal sponsor be-
fore or after the execution of a project coopera-
tion agreement, if the Secretary determines that 
such work is integral to the project.’’ 
SEC. 120. NAVAJO RESERVATION, ARIZONA, NEW 
MEXICO, AND UTAH.—Section 520(b) of the Water Re-
sources Development Act of 1999 (Public Law 106–53; 113 
Stat. 345) is amended by inserting after the second sentence 
‘‘The local match for the funds appropriated for flood plain
241 
delineation on the Navajo reservation in Arizona, New Mex-
ico, and Utah may be provided as in-kind services.’’. 
SEC. 121. The Secretary of the Army may, under such 
terms and conditions as the Secretary deems appropriate, 
contract with any public or private entity to provide visitor 
reservation services. Any such contract in effect on or after 
October 1, 2004, may provide that the contractor shall be 
permitted to deduct a commission to be fixed by the Sec-
retary from the amount charged the public for providing 
such services and to remit the net proceeds therefrom to the 
contracting agency. 
SEC. 122. The project for flood control, Redwood River, 
Marshall, Minnesota, authorized by section 401(a) of the 
Water Resources Development Act of 1986 and modified by 
section 4(k) of the Water Resources Development Act of 1988 
is further modified to authorize the Secretary to construct 
the project at a total cost of $11,863,000, with an estimated 
first Federal cost of $8,722,000 and an estimated first non- 
Federal cost of $3,141,000. 
SEC. 123. The project for St. John’s Bayou and New 
Madrid Floodway in the State of Missouri as authorized 
by subsection (d) of the matter under the heading ‘‘Lower 
Mississippi River’’ under section 203 of the Flood Control 
Act of 1954 (68 Stat. 1258) and section 401(a) of the Water 
Resources Development Act of 1986 (100 Stat. 4118), and
242 
as modified by section 331 of the Water Resources Develop-
ment Act of 1996 (110 Stat. 3658) as described in the June 
2002 Revised Supplemental Impact Statement, as supple-
mented by the March 2006 Revised Supplemental Environ-
mental Impact Statement 2 for this project is economically 
justified: Provided, That the levee closure and gravity struc-
ture at the south end of the New Madrid Floodway portion 
of the Project are part of the Mississippi River Levee feature 
of the Mississippi River and Tributaries Project and are 
not a separable element of that Project. 
SEC. 124. Funds provided in title V, chapter 3 of Pub-
lic Law 110–28 under the heading ‘‘Construction’’ may be 
used for restoration of shore protection projects in New Jer-
sey damaged by the same meteorological events that resulted 
in Presidential Disaster Declaration FEMA–1694–DR. 
SEC. 125. The project for flood control, Cedar Ham-
mock (Wares Creek), Florida, authorized by section 
101(a)(10) of Public Law 104–303 (110 Stat. 3664), is 
modified to authorize the Secretary to construct the project 
at a total cost of $42,600,000. 
SEC. 126. Section 156 of Public Law 108–137 is 
amended by inserting ‘‘or reimburse’’ after ‘‘non-Federal 
share of the cost of the project’’ in paragraphs (2) and (3). 
SEC. 127. Notwithstanding any other provision of law, 
the requirements regarding the use of continuing contracts
243 
under the authority of section 206 of the Water Resources 
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 Mississippi River and Tributaries account. 
SEC. 128. Section 3020 of the Water Resources Devel-
opment Act of 2007, Public Law 110–114, is amended by 
inserting ‘‘or after’’ following the word ‘‘before’’. 
SEC. 129. Notwithstanding provisions of 42 U.S.C. 
2011 et seq. and 42 U.S.C. 7901 et seq. the U.S. Army 
Corps of Engineers shall have the authority to arrange dis-
posal of waste materials from the Maywood, New Jersey, 
Formerly Utilized Sites Remedial Action Program 
(FUSRAP) site at off-site facilities permitted to accept such 
waste materials under subtitle C of the Resource Conserva-
tion and Recovery Act (42 U.S.C. 6921 et seq.). FUSRAP 
waste materials from the Maywood site may be, but shall 
not be required to be, disposed at sites licensed under the 
Atomic Energy Act (42 U.S.C. 2011 et seq.). 
SEC. 130. AMERICAN AND SACRAMENTO RIVERS, CALI-
FORNIA. Section 101(a)(1)(B) of the Water Resources Devel-
opment Act of 1996 (Public Law 104–303: 110 Stat. 3662) 
is modified to read as follows: 
‘‘(B) 
CREDIT
TOWARD
NON-FEDERAL 
SHARE.—The non-Federal interest shall receive
244 
credit toward the non-Federal share of project 
costs for expenses that the non-Federal interest 
incurs for design or construction of any author-
ized project feature, including credit for work 
commenced before the date of execution of a co-
operation agreement for the affected feature. The 
amount of the credit shall be determined by the 
Secretary.’’. 
SEC. 131. WHITE RIVER NAVIGATION TO BATESVILLE, 
ARKANSAS. The project for navigation, White River Naviga-
tion to Batesville, Arkansas, as authorized in Public Law 
99–662 is amended to extend the project from mile 255, 
near Newport, Arkansas, to approximately mile 296, near 
Batesville, Arkansas; to include a harbor at Batesville, Ar-
kansas; and environmental restoration within the White 
River Basin including Federally owned lands. 
SEC. 132. LANDFILLS USED FOR CERTAIN WASTE. (a) 
IN GENERAL.—The funding prohibition set forth in section 
103 of the Energy and Water Development Appropriations 
Act, 2006 shall not apply to the construction or expansion 
of any landfill in the Muskingum River watershed if— 
(1) the landfill is used solely for the disposal 
of— 
(A) wastes generated from the combustion or 
gasification of coal,
245 
(B) wastes consisting of byproducts from 
pollution control technology installed to comply 
with the Clean Air Act, or 
(C) both of such types of wastes. 
(2) the landfill is owned by the waste generator 
or any affiliated person, and 
(3) the facility at which the wastes are generated 
is located in the same watershed as the landfill. 
(b) DEFINITIONS.—For purposes of this section: 
(1) The term ‘‘affiliated person’’ means any per-
son who, directly or indirectly, owns or controls the 
waste generator, is owned or controlled by the waste 
generator, or is under common ownership or control 
with the waste generator. 
(2) The term ‘‘Muskingum River watershed’’ 
shall mean the area within the watershed of the 
Muskingum River, as delineated by the Secretary of 
the Army, acting through the Chief of Engineers. 
SEC. 133. CONVEYANCE TO STORY COUNTY, IOWA. Not 
later than 180 days after the date of enactment of this Act, 
the Chief of the Army Corps of Engineers shall convey to 
Story County, Iowa, without consideration, all rights, title, 
and interest of the United States in and to a parcel of real 
property, including any improvements thereon, consisting 
of approximately 197 acres originally proposed for the
246 
Skunk River Reservoir, located between Ames, Iowa, and 
Story City, Iowa. 
SEC. 134. None of the funds provided herein may be 
used to implement any new water control manuals for the 
Apalachicola-Chattahootchee-Flint 
and 
Alabama-Coosa- 
Tallapoosa river systems: Provided, That in updating the 
water control manuals the Secretary of the Army, acting 
through the Chief of Engineers is directed to provide the 
following information by September 30, 2008: 
(1) an estimate of the amount of withdrawals 
from each respective river basin for entities with-
drawing one million gallons per day or more over the 
preceding 60 months; 
(2) a flow data set for the respective river basin 
updated through the most recently completed calendar 
year; 
(3) an estimated projection of total water usage 
in the respective basins over the next 25 years. 
SEC. 135. Title II, chapter 3 of Public Law 109–234 
under the heading ‘‘Construction’’ is modified by striking 
‘‘construction: Provided,’’ and inserting in lieu thereof ‘‘: 
Provided, That the Secretary of the Army, in implementing 
projects and measures in the New Orleans metropolitan 
area required to achieve certification for participation in 
the National Flood Insurance Program as directed in Pub-
247 
lic Law 109–234 shall include all authorized features of the 
Southeast Louisiana Flood Control project and related in-
ternal pumping requirements as integral elements of the 
comprehensive protection system for the area and shall com-
plete all authorized work for the Southeast Louisiana 
project concurrently and integrally with other area projects: 
Provided further,’’. 
SEC. 136. Utilizing funds appropriated under Alaska 
Coastal Erosion or other available funds, the Secretary of 
the Army, acting through the Chief of Engineers, is directed 
to prepare a preliminary action plan for any community 
that requests assistance pursuant to section 117, as con-
tained in title I, division C of Public Law 108–447: Pro-
vided, That the preliminary action plan pursuant to this 
authority shall be presented to the Assistant Secretary of 
the Army (Civil Works) and the Alaska Congressional Dele-
gation not later than 90 days after the initial request from 
the community: Provided further, That the preliminary ac-
tion plan will recommend the most appropriate course of 
action (relocation or erosion stabilization), including a pre-
liminary cost estimate and, at a minimum, the first year 
funding requirements: Provided further, That if the Alaska 
District is unable to comply with this reporting require-
ment, the District shall provide written notification to the 
Assistant Secretary of the Army (Civil Works) and the Alas-
248 
ka Congressional Delegation within 30 days of the commu-
nity assistance request explaining why they are unable to 
comply. 
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, $41,380,000, to remain avail-
able until expended, of which $976,000 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, $1,620,000, to remain available until expended. 
For fiscal year 2008, 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: 
WATER AND RELATED RESOURCES 
(INCLUDING TRANSFERS OF FUNDS) 
For management, development, and restoration of 
water and related natural resources and for related activi-
249 
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, federally rec-
ognized Indian tribes, and others, $949,882,000, to remain 
available until expended, of which $60,258,000 shall be 
available for transfer to the Upper Colorado River Basin 
Fund and $26,787,000 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 
Colorado 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 in-
creased or decreased within the overall appropriation under 
this heading: Provided further, That of the total appro-
priated, the amount for program activities that can be fi-
nanced by the Reclamation Fund or the Bureau of Rec-
lamation special fee account established by 16 U.S.C. 460l– 
6a(i) shall be derived from that Fund or account: Provided 
further, That funds contributed under 43 U.S.C. 395 are 
available until expended for the purposes for which contrib-
uted: Provided further, That funds advanced under 43 
U.S.C. 397a shall be credited to this account and are avail-
250 
able until expended for the same purposes as the sums ap-
propriated under this heading: Provided further, That 
funds available for expenditure for the Departmental Irri-
gation Drainage Program may be expended by the Bureau 
of Reclamation for site remediation on a non-reimbursable 
basis: Provided further, That funds provided for the Friant- 
Kern and Madera Canals improvements may be expended 
on a non-reimbursable basis: Provided further, That 
$2,952,000 of the funds appropriated under this heading 
shall be deposited in the San Gabriel Basin Restoration 
Fund established by section 110 of title I of appendix D 
of Public Law 106–554. 
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, 
$59,122,000, 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-
251 
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, $40,098,000, 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 
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 
(INCLUDING TRANSFER OF FUNDS) 
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
252 
Reclamation, 
to 
remain 
available 
until 
expended, 
$58,811,000, 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: Provided further, That, of the 
funds provided under this heading, $10,000,000 shall be 
transferred to ‘‘Water and Related Resources’’ upon the ex-
piration of the 60-day period following the date of enact-
ment of this Act if, during such period, the Secretary of 
the Interior has not submitted to the Committees on Appro-
priations of the House of Representatives and the Senate 
the Bureau of Reclamation’s five-year budget plan. 
ADMINISTRATIVE PROVISION 
Appropriations for the Bureau of Reclamation shall 
be available for purchase of not to exceed 14 passenger 
motor vehicles, which 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 
shall conform to the water quality standards of the State 
of California as approved by the Administrator of the Envi-
253 
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 
compliance with the purchase requirements of section 202 
of Public Law 106–60.
254 
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. 
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 
or may be deemed non-reimbursable for non-transferred 
works: Provided further, That the calculation of the non- 
Federal contribution shall provide for consideration of the 
value of any in-kind contributions, but shall not include 
funds received from other Federal agencies: Provided fur-
ther, That the cost of operating and maintaining such im-
provements shall be the responsibility of the non-Federal en-
255 
tity: Provided further, That this section shall not supercede 
any existing project-specific funding authority: Provided 
further, That the Secretary is also authorized to enter into 
grants or cooperative agreements with universities or non- 
profit research institutions to fund water use efficiency re-
search. 
SEC. 205. (a) Section 209 of the Energy and Water 
Development Appropriations Act, 2004 (Public Law 108– 
137; 117 Stat. 1850) is repealed. 
(b) The Secretary of the Interior (referred to in this 
section as the ‘‘Secretary’’) shall establish an Executive 
Committee of the Middle Rio Grande Endangered Species 
Collaborative Program (referred to in this section as the 
‘‘Executive Committee’’) consistent with the bylaws of the 
Middle Rio Grande Endangered Species Collaborative Pro-
gram adopted on October 2, 2006. 
(c) In compliance with applicable Federal and State 
laws, the Secretary (acting through the Commissioner of 
Reclamation), in collaboration with the Executive Com-
mittee, may enter into any grants, contracts, cooperative 
agreements, interagency agreements, or other agreements 
that the Secretary determines to be necessary to comply 
with the 2003 Biological Opinion described in section 
205(b) of the Energy and Water Development Appropria-
tions Act, 2005 (Public Law 108–447; 118 Stat. 2949) as
256 
amended by section 121(b) of the Energy and Water Devel-
opment Appropriations Act, 2006 (Public Law 109–103; 
119 Stat. 2256) or in furtherance of the objectives set forth 
in the collaborative program long-term plan. 
(d)(1) The acquisition of water under subsection (c) 
and any administrative costs associated with carrying out 
subsection (c) shall be at full Federal expense. 
(2) Not more than 15 percent of amounts appropriated 
to carry out subsection (c) shall be made available for the 
payment of administrative expenses associated with car-
rying out that subsection. 
(e)(1) The non-Federal share of activities carried out 
under subsection (c) (other than an activity or a cost de-
scribed in subsection (d)(1)) shall be 25 percent. The non- 
Federal cost share shall be determined on a programmatic, 
rather than a project-by-project basis. 
(2) The non-Federal share required under paragraph 
(1) may be in the form of in-kind contributions, the value 
of which shall be determined by the Secretary in consulta-
tion with the executive committee. 
(f) Nothing in this section modifies or expands the dis-
cretion of the Secretary with respect to operating reservoir 
facilities under the jurisdiction of the Secretary in the Rio 
Grande Valley, New Mexico.
257 
SEC. 206. In furtherance of section 529 of Public Law 
106–541, the Secretary of the Interior shall continue to par-
ticipate in implementation of the Project at Las Vegas 
Wash and Lake Mead in accordance with the Plan, and 
may provide grants to the Southern Nevada Water Author-
ity to carry out the implementation of the Project at Las 
Vegas Wash and Lake Mead in accordance with the Plan: 
Provided, That issuance of any such grants shall not modify 
the cost sharing requirements provided in section 529(b) of 
Public Law 106–541. 
SEC. 207. In carrying out section 2507 of Public Law 
107–171, the Secretary of the Interior, acting through the 
Commissioner of Reclamation, shall use $2,000,000 to pro-
vide grants, to be divided equally, to the State of Nevada 
and the State of California to implement the Truckee River 
Settlement Act, Public Law 101–618. 
SEC. 208. (a) Notwithstanding any other provision of 
law, of amounts made available under section 2507 of the 
Farm Security and Rural Investment Act of 2002 (43 
U.S.C. 2211 note; Public Law 107–171), the Secretary of 
the Interior— 
(1) acting through the Commissioner of Rec-
lamation, shall use— 
(A) subject to subsection (b), $3,000,000 for 
activities necessary to convey to the State of Ne-
258 
vada the land known as the ‘‘Carson Lake and 
Pasture’’, as authorized by section 206(e) of the 
Truckee-Carson-Pyramid Lake Water Rights Set-
tlement Act (Public Law 101–618: 104 Stat. 
3311); 
(B) $10,000,000 for the removal of the 
Numana Dam and other obsolete irrigation 
structures located on the Pyramid Lake Paiute 
Reservation for the benefit of the Pyramid Lake 
Paiute Tribe because of their status as Indians; 
(C) in consultation with the Corps of Engi-
neers, as applicable, $5,000,000 to study and 
prepare plans for the development and construc-
tion of a pipeline to convey water from Dixie 
Valley to Churchill County, Nevada; 
(D) $10,000,000 for— 
(i) design and construction of the 
Derby Dam fish screen to allow passage of 
fish, including the cui-ui and Lahontan 
cutthroat trout; and 
(ii) any improvements to Derby Dam 
necessary to make the fish screen operable; 
(E) $6,000,000 for the acquisition of not 
more than 4 small hydroelectric power plants 
from the Sierra Pacific Power Company to im-
259 
prove water allocation and fish passage in the 
Truckee River; and 
(F) $6,000,000 for Lower Truckee River res-
toration projects identified by the cities of Reno 
and Sparks, Nevada, and Washoe County, Ne-
vada; 
(2) shall allocate $9,000,000 to a nonprofit con-
servation organization, acting in consultation with 
the Truckee Meadows Water Authority, for— 
(A) the acquisition of land surrounding 
Independence Lake; and 
(B) protection of the native fishery and 
water quality of Independence Lake; 
(3) shall allocate $1,000,000 to the Summit Lake 
Paiute Tribe to plan and complete restoration efforts 
at the Summit Lake in Northern Washoe County, Ne-
vada, for the benefit of the Tribe because of their sta-
tus as Indians; 
(4) shall allocate $3,000,000 to the Newlands 
Project Water Rights Fund for a Federal-State-Pyr-
amid Lake Paiute Tribe program, to be administered 
by an entity identified by the 3 applicable parties, for 
the retirement of water rights pursuant to the Truck-
ee-Carson-Pyramid Lake Water Rights Settlement Act 
(Public Law 101–618: 104 Stat. 3311);
260 
(5) shall allocate $2,500,000 to the United States 
Fish and Wildlife Service to analyze, in cooperation 
and consultation with external experts, the impacts of 
low water flows on reproduction at the Walker Lake 
fishery, including an analysis of methods to prevent 
permanent effects on the fishery from low water flows; 
(6) shall allocate $4,000,000 to the State of Ne-
vada to prepare watershed inventories, with a par-
ticular focus on the Walker and Carson River Basins; 
(7) shall allocate $5,000,000 for joint planning 
and development activities for water, wastewater, and 
sewer facilities by the city of Fernley, Nevada, and 
the Pyramid Lake Paiute Tribe; 
(8) shall allocate $500,000 for the Walker River 
Paiute Tribe for legal and professional services in 
support of settling tribal water claims in the Walker 
River Basin and to Walker Lake; 
(9) shall allocate $1,000,000 to the Walker River 
Irrigation District— 
(A) to plan and implement a weed control 
program to improve conveyance efficiency of 
water controlled by the Irrigation District; and 
(B) to make improvements to water gauges 
controlled by the Irrigation District to enhance
261 
the water monitoring activities of the Irrigation 
District; and 
(10) shall allocate $250,000 to Churchill County, 
Nevada, to provide testing of groundwater wells. 
(b)(1) The Secretary shall achieve compliance with all 
applicable Federal laws (including regulations) relating to 
the conveyance of the Carson Lake and Pasture to the State 
of Nevada as described in subsection (a)(1)(A) by not later 
than June 30, 2010. 
(2) Any amounts made available to carry out the con-
veyance described in subsection (a)(1)(A) but not expended 
for that purpose shall be made available to the State of Ne-
vada to supplement funds provided under section 217(a)(1) 
of the Energy and Water Development Appropriations Act, 
2004 (Public Law 108–137; 117 Stat. 1852), to purchase 
water rights from willing sellers and to make necessary im-
provements to benefit the Carson Lake and Pasture. 
SEC. 209. Section 10(a) of the Mni Wiconi Project Act 
of 1988 (Public Law 100–516; 102 Stat. 2571; 116 Stat. 
3033) is amended in the second sentence by striking ‘‘2008’’ 
and inserting ‘‘2013’’. 
SEC. 210. INLAND EMPIRE AND CUCAMONGA VALLEY 
RECYCLING PROJECTS. The Reclamation Wastewater and 
Groundwater Study and Facilities Act (Public Law 102–
262 
575, title XVI; 43 U.S.C. 390h et seq.) is amended by add-
ing at the end the following: 
‘‘SEC. 16ll. INLAND EMPIRE REGIONAL WATER RECY-
CLING PROJECT. 
‘‘(a) IN GENERAL.—The Secretary, in cooperation 
with the Inland Empire Utilities Agency, may participate 
in the design, planning, and construction of the Inland Em-
pire regional water recycling project described in the report 
submitted under section 1606(c). 
‘‘(b) COST SHARING.—The Federal share of the cost of 
the project described in subsection (a) shall not exceed 25 
percent of the total cost of the project. 
‘‘(c) LIMITATION.—Funds provided by the Secretary 
shall not be used for operation and maintenance of the 
project described in subsection (a). 
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$20,000,000. 
‘‘SEC. 16ll. CUCAMONGA VALLEY WATER RECYCLING 
PROJECT. 
‘‘(a) IN GENERAL.—The Secretary, in cooperation 
with the Cucamonga Valley Water District, may partici-
pate in the design, planning, and construction of the 
Cucamonga Valley Water District satellite recycling plants 
in Rancho Cucamonga, California, to reclaim and recycle
263 
approximately 2 million gallons per day of domestic waste-
water. 
‘‘(b) COST SHARING.—The Federal share of the cost of 
the project described in subsection (a) shall not exceed 25 
percent of the capital cost of the project. 
‘‘(c) LIMITATION.—Funds provided by the Secretary 
shall not be used for operation and maintenance of the 
project described in subsection (a). 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section, 
$10,000,000. 
‘‘(e) SUNSET OF AUTHORITY.—The authority of the 
Secretary to carry out any provisions of this section shall 
terminate 10 years after the date of the enactment of this 
section.’’. 
(c) CONFORMING AMENDMENTS.—The table of sections 
in section 2 of Public Law 102–575 is amended by inserting 
after the last item the following: 
‘‘16ll. Inland Empire Regional Water Recycling Program. 
‘‘16ll. Cucamonga Valley Water Recycling Project.’’. 
SEC. 211. Prior to the unilateral termination or re-
moval of cabin or trailer sites on Bureau of Reclamation 
lands in North Dakota for the purpose of changing land 
use, the Secretary of the Interior is directed to submit a 
report describing the action to the Committee on Energy 
and Natural Resources, United States Senate and the Com-
264 
mittee on Natural Resources, United States House of Rep-
resentatives and the House and Senate Committees on Ap-
propriations: Provided, That the Secretary shall not move 
forward with the proposed action until 60 days after the 
report is submitted to the Committee Chairmen. 
SEC. 212. Section 3507(b) of Public Law 102–575 (106 
Stat. 4600) is amended by striking ‘‘$4,660,000’’ and in-
serting ‘‘$12,660,000’’. 
SEC. 213. AUTHORITY TO EXTEND WATER CONTRACT. 
The Secretary of the Interior may extend the water contract 
14–06–600–3593, as amended, between the United States 
and the East Bench Irrigation District for water services, 
until the earlier of— 
(1) the expiration of the 2-year period beginning 
on the date on which the contract would expire but 
for this section; or 
(2) the date on which a new long-term water 
contract is executed by the parties to the contract list-
ed in subsection (b). 
SEC. 214. SOUTHERN CALIFORNIA DESERT REGION 
INTEGRATED
WATER
AND
ECONOMIC
SUSTAINABILITY 
PLAN. (a) IN GENERAL.—The Reclamation Wastewater and 
Groundwater Study and Facilities Act (Public Law 102– 
575, title XVI; 43 U.S.C. 390h et seq.) is amended by add-
ing at the end the following new section:
265 
‘‘SEC. 16ll. SOUTHERN CALIFORNIA DESERT REGION IN-
TEGRATED WATER AND ECONOMIC SUSTAIN-
ABILITY PLAN. 
‘‘(a) AUTHORIZATION.—The Secretary, in cooperation 
with the Mojave Water Agency is authorized to participate 
in the design, planning, and construction of projects to im-
plement the ‘Mojave Water Agency’s Integrated Regional 
Water Management Plan’. 
‘‘(b) COST SHARE.—The Federal share of the costs of 
the projects authorized by this section shall not exceed 25 
percent of the total cost. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$20,000,000.’’. 
(b) CONFORMING AMENDMENT.—The table of sections 
in section 2 of Public Law 102–575 is amended by inserting 
after the last item relating to title XVI the following: 
‘‘16ll. Southern California desert region integrated water and economic sus-
tainability plan.’’. 
(c) LIMITATION.—The Secretary shall not provide 
funds for the operation or maintenance of a project author-
ized by this section. 
(d) CREDITS TOWARD NON-FEDERAL SHARE.—For 
purposes of subparagraph (b) the Secretary shall credit the 
Mojave Water Agency with the value of all expenditures 
made prior to the date of the enactment of this Act that
266 
are used toward completion of projects that are compatible 
with this section. 
TITLE III 
DEPARTMENT OF ENERGY 
ENERGY PROGRAMS 
ENERGY EFFICIENCY AND RENEWABLE ENERGY 
For Department of Energy expenses including the pur-
chase, construction, and acquisition of plant and capital 
equipment, and other expenses necessary for energy effi-
ciency and renewable energy 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, 
$1,739,541,000, to remain available until expended: Pro-
vided, That the Secretary is directed to make fiscal year 
2008 weatherization funding available from October 1, 
2007, through March 31, 2009, for States that submit plans 
requesting allocations for all or part of this period: Pro-
vided further, That the funds provided for Federal technical 
assistance and training are intended to be used exclusively 
to support the effective delivery of weatherization services 
as set forth in statute and applicable regulations: Provided 
further, That any change in program implementation 
should be proposed to Congress in the Department’s budget
267 
submission and not implemented before congressional ap-
proval is obtained. 
ELECTRICITY DELIVERY AND ENERGY RELIABILITY 
For Department of Energy expenses including the pur-
chase, construction, and acquisition of plant and capital 
equipment, and other expenses necessary for electricity de-
livery and energy reliability 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, 
$140,000,000, to remain available until expended. 
NUCLEAR ENERGY 
(INCLUDING TRANSFER OF FUNDS) 
For Department of Energy expenses including the pur-
chase, construction, and acquisition of plant and capital 
equipment, and other expenses necessary for nuclear energy 
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, and the purchase of not to exceed 
20 passenger motor vehicles for replacement only, including 
one ambulance, $970,525,000, to remain available until ex-
pended: Provided, That $233,849,000 is authorized to be ap-
propriated for Project 99–D–143 Mixed Oxide (MOX) Fuel
268 
Fabrication Facility, Savannah River Site, South Caro-
lina: Provided further, That the Department of Energy ad-
here strictly to Department of Energy Order 413.3A for 
Project 99–D–143. 
LEGACY MANAGEMENT 
For Department of Energy expenses for Legacy Man-
agement activities, $34,183,000, to remain available until 
expended. 
CLEAN COAL TECHNOLOGY 
(INCLUDING DEFERRAL AND TRANSFER OF FUNDS) 
Of the funds made available under this heading for 
obligation in prior years, $149,000,000 shall not be avail-
able until October 1, 2008: Provided, That funds made 
available in previous appropriations Acts shall be made 
available for any ongoing project regardless of the separate 
request for proposal under which the project was selected: 
Provided further, That $166,000,000 of uncommitted bal-
ances are transferred to Fossil Energy Research and Devel-
opment to be used until expended. 
FOSSIL ENERGY RESEARCH AND DEVELOPMENT 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses in carrying out fossil energy 
research and development activities, under the authority of 
the Department of Energy Organization Act (Public Law 
95–91), including the acquisition of interest, including de-
269 
feasible and equitable interests in any real property or any 
facility or for plant or facility acquisition or expansion, 
and for 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 General 
Services Administration for security guard services, and for 
conducting inquiries, technological investigations and re-
search concerning the extraction, processing, use, and dis-
posal of mineral substances without objectionable social and 
environmental costs (30 U.S.C. 3, 1602, and 1603), 
$750,000,000, to remain available until expended, of which 
$166,000,000 shall be derived by transfer from ‘‘Clean Coal 
Technology’’: Provided further, That funds appropriated for 
prior solicitations under the Clean Coal Technology Pro-
gram, Power Plant Improvement Initiative, and Clean Coal 
Power Initiative, but not required by the Department to 
meet its obligations on projects selected under such solicita-
tions, may be utilized for the Clean Coal Power Initiative 
Round III solicitation under this Act in accordance with 
the requirements of this Act rather than the Acts under 
which the funds were appropriated: Provided further, That 
no project may be selected for which full funding is not 
available to provide for the total project: Provided further, 
That financial assistance for costs in excess of those esti-
mated as of the date of award of original Clean Coal Power
270 
Initiative financial assistance may not be provided in ex-
cess of the proportion of costs borne by the Government in 
the original agreement and shall be limited to 25 percent 
of the original financial assistance: Provided further, That 
at least 50 percent cost-sharing shall be required in each 
budget period of a project: Provided further, That in accord-
ance with section 988(e) of Public Law 109–58, repayment 
of the DOE contribution to a project shall not be a condi-
tion of making an award under this solicitation: Provided 
further, That no part of the sum herein made available shall 
be used for the field testing of nuclear explosives in the re-
covery of oil and gas: Provided further, That in this Act 
and future Acts, up to 4 percent of program direction funds 
available to the National Energy Technology Laboratory 
may be used to support Department of Energy activities 
not included in this Fossil Energy account: Provided fur-
ther, That in this Act and future Acts, the salaries for Fed-
eral employees performing research and development activi-
ties at the National Energy Technology Laboratory can 
continue to be funded from any appropriate DOE program 
accounts: Provided further, That revenues and other moneys 
received by or for the account of the Department of Energy 
or otherwise generated by sale of products in connection 
with projects of the Department appropriated under the 
Fossil Energy Research and Development account may be
271 
retained by the Secretary of Energy, to be available until 
expended, and used only for plant construction, operation, 
costs, and payments to cost-sharing entities as provided in 
appropriate cost-sharing 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, $20,472,000, 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 Reserve 
facility development and operations and program manage-
ment activities pursuant to the Energy Policy and Con-
servation 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 purchase, re-
pair, and cleaning of uniforms, and the reimbursement to 
the General Services Administration for security guard 
services, $188,472,000, to remain available until expended, 
of which $25,000,000 shall be provided to carry out new 
site land acquisition activities consistent with the budget 
request.
272 
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, 
$12,448,000, to remain available until expended. 
ENERGY INFORMATION ADMINISTRATION 
For necessary expenses in carrying out the activities 
of the Energy Information Administration, $96,337,000, 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-defense 
environmental cleanup activities in carrying out the pur-
poses 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 three passenger motor vehicles for 
replacement only, $183,937,000, to remain available until 
expended: Provided, That $13,000,000 is appropriated for 
environmental remediation activities associated with the 
Energy Technology and Engineering Center (ETEC) at the 
Santa Susana Field Laboratory (SSFL), subject to the fol-
lowing: (1) the Department shall use a portion of this fund-
273 
ing to enter into an interagency agreement with the Envi-
ronmental Protection Agency to conduct a joint comprehen-
sive radioactive site characterization of Area IV of the 
SSFL; (2) the Department shall ensure that all aspects of 
the cleanup of radioactive contamination at Area IV of the 
SSFL comply fully with the Comprehensive Environmental 
Response, Compensation and Liability Act, if applicable; 
and (3) the Department shall retain Federal control of 
ETEC and it shall not be released for other use until such 
time as the Department has complied with actions directed 
in subsections (1) and (2). 
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 Atom-
ic Energy Act of 1954, as amended, and title X, subtitle 
A, of the Energy Policy Act of 1992, $627,876,000, to be 
derived from the Fund, to remain available until expended, 
of which $20,000,000 shall be available in accordance with 
title X, subtitle A, of the Energy Policy Act of 1992. 
SCIENCE 
(INCLUDING RESCISSION OF FUNDS) 
For Department of Energy expenses including the pur-
chase, construction and acquisition of plant and capital
274 
equipment, and other expenses necessary for science activi-
ties in carrying out the purposes of the Department of En-
ergy Organization Act (42 U.S.C. 7101 et seq.), including 
the acquisition or condemnation of any real property or 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not to exceed 30 passenger 
motor vehicles for replacement only, $4,055,483,000, to re-
main available until expended: Provided, That of the funds 
made available in section 130 of division H (Miscellaneous 
Appropriations and Offsets) of the Consolidated Appropria-
tions Act, 2004, Public Law 108–199, as amended by sec-
tion 315 of Public Law 109–103, for the Coralville, Iowa, 
project, $44,569,000 is rescinded. 
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 acqui-
sition of real property or facility construction or expansion, 
$189,000,000, to remain available until expended, and to 
be derived from the Nuclear Waste Fund: Provided, That 
of the funds made available in this Act for Nuclear Waste 
Disposal, $5,000,000 shall be provided to the State of Ne-
vada solely for expenditures, other than salaries and ex-
penses of State employees, to conduct scientific oversight re-
sponsibilities and participate in licensing activities pursu-
275 
ant to the Act: Provided further, That notwithstanding the 
lack of a written agreement with the State of Nevada under 
section 117(c) of the Nuclear Waste Policy Act of 1982, Pub-
lic Law 97–425, as amended, not less than $1,000,000 shall 
be provided to Nye County, Nevada, for on-site oversight 
activities under section 117(d) of that Act: Provided further, 
That $9,000,000 shall be provided to affected units of local 
government, as defined in the Act, to conduct appropriate 
activities and participate in licensing activities: Provided 
further, That of the $9,000,000 provided, 7.5 percent of the 
funds provided shall be made available to affected units of 
local government in California with the balance made 
available to affected units of local government in Nevada 
for distribution as determined by the Nevada units of local 
government. This funding shall be provided to affected units 
of local government, as defined in the Act, to conduct appro-
priate activities and participate in licensing activities. The 
Committee requires the entities to certify that within 90 
days of the completion of each Federal fiscal year, the Ne-
vada Division of Emergency Management and the Governor 
of the State of Nevada and each of the affected units of local 
government shall provide certification to the Department of 
Energy that all funds expended from such payments have 
been expended for the activities authorized by the Act and 
this Act: Provided, That notwithstanding the provisions of
276 
chapters 65 and 75 of title 31, United States Code, the De-
partment shall have no monitoring, auditing or other over-
sight rights or responsibilities over amounts provided to af-
fected units of local government in this or any previous 
year: Provided further, That the funds for the State of Ne-
vada shall be made available solely to the Nevada Division 
of Emergency Management by direct payment and to 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 Management and 
the Governor of the State of Nevada and each of the affected 
units of local government shall provide 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 pro-
vide such certification shall cause such entity to be prohib-
ited from any further funding provided for similar activi-
ties: Provided further, That none of the funds herein appro-
priated may be: (1) used directly or indirectly to influence 
legislative action, except for normal and recognized execu-
tive-legislative communications, on any matter pending be-
fore Congress or a State legislature or for lobbying activity 
as provided in 18 U.S.C. 1913; (2) used for litigation ex-
penses; or (3) used to support multi-State efforts or other 
coalition building activities inconsistent with the restric-
277 
tions contained in this Act: Provided further, That all pro-
ceeds and recoveries realized by the Secretary in carrying 
out activities authorized by the Act, including but not lim-
ited to, any proceeds from the sale of assets, shall be avail-
able without further appropriation and shall remain avail-
able until expended: Provided further, That no funds pro-
vided in this Act or any previous Act may be used to pursue 
repayment or collection of funds provided in any fiscal year 
to affected units of local government for oversight activities 
that had been previously approved by the Department of 
Energy, or to withhold payment of any such funds. 
TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE 
LOAN PROGRAM 
For the cost of the guaranteed loans as authorized by 
section 1702(b)(2) of the Energy Policy Act of 2005, such 
sums as are hereafter derived from amounts received from 
borrowers pursuant to section 1702(b)(2) of that Act, to re-
main available until September 30, 2009: Provided, That 
the source of such payment received from borrowers is not 
a loan or other debt obligation that is guaranteed by the 
Federal Government: Provided further, That none of the 
funds made available in this or prior Acts shall be available 
for the execution of a new solicitation with respect to such 
guaranteed loans until 45 days after the Department of En-
ergy has submitted to the Committees on Appropriations 
a loan guarantee implementation plan that defines the pro-
278 
posed award levels and eligible technologies: Provided fur-
ther, That the Department shall not deviate from such plan 
without 45 days prior notice to the Committees: Provided 
further, That for necessary administrative expenses to carry 
out this Loan Guarantee program, $5,500,000 is appro-
priated, to remain available until expended: Provided fur-
ther, That fees collected pursuant to section 1702(h) of the 
Energy Policy Act of 2005 shall be credited as offsetting 
collections to this account, so as to result in a final fiscal 
year 2008 appropriation from the general fund estimated 
at not more than $0. 
DEPARTMENTAL ADMINISTRATION 
(INCLUDING TRANSFER OF FUNDS) 
For salaries and expenses of the Department of Energy 
necessary for departmental administration in carrying out 
the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the hire of passenger 
motor vehicles and official reception and representation ex-
penses not to exceed $30,000, $311,596,000, 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 provisions 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 avail-
279 
able until expended: Provided further, That moneys received 
by the Department for miscellaneous revenues estimated to 
total $161,818,000 in fiscal year 2008 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, notwithstanding the provisions 
of 31 U.S.C. 3302: Provided further, That the sum herein 
appropriated shall be reduced by the amount of miscella-
neous revenues received during 2008, and any related ap-
propriated receipt account balances remaining from prior 
years’ miscellaneous revenues, so as to result in a final fis-
cal year 2008 appropriation from the general fund esti-
mated at not more than $149,778,000. 
OFFICE OF THE INSPECTOR GENERAL 
For necessary expenses of the Office of the Inspector 
General in carrying out the provisions of the Inspector Gen-
eral Act of 1978, as amended, $46,480,000, to remain avail-
able 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
280 
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 con-
demnation of any real property or any facility or for plant 
or 
facility 
acquisition, 
construction, 
or 
expansion; 
$6,355,633,000, to remain available until expended: Pro-
vided, That $38,957,000 is authorized to be appropriated 
for Project 06–D–140–05 (PED) Uranium Processing Fa-
cility, Y–12 Plant, Oak Ridge, Tennessee: Provided further, 
That $69,330,000 is authorized to be appropriated for 
Project 99–D–141 Pit Disassembly and Conversion Facility 
(PDCF), Savannah River Site, South Carolina: Provided 
further, That $74,809,000 is authorized to be appropriated 
for 04–D–125 Chemistry and Metallurgy facility replace-
ment project, Los Alamos, New Mexico: Provided further, 
That $10,000,000 is authorized to be appropriated for Ion 
Beam Laboratory refurbishment, Sandia National Labora-
tory, Albuquerque, New Mexico: Provided further, That 
$14,846,000 is authorized to be appropriated for Material 
Security and Consolidation project, Idaho National Lab-
oratory, Idaho. 
DEFENSE NUCLEAR NONPROLIFERATION 
(INCLUDING RESCISSIONS OF FUNDS) 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
281 
ital equipment and other incidental expenses necessary for 
atomic energy defense, defense nuclear nonproliferation ac-
tivities, in carrying out the purposes of the Department of 
Energy Organization Act (42 U.S.C. 7101 et seq.), includ-
ing the acquisition or condemnation of any real property 
or any facility or for plant or facility acquisition, construc-
tion, or expansion, $1,673,275,000, to remain available 
until expended: Provided, That $50,000,000 of such funds 
shall be available until expended for the contribution of the 
United States to create a low-enriched uranium stockpile 
for an International Nuclear Fuel Bank supply of nuclear 
fuel for peaceful means under the International Atomic En-
ergy Agency: Provided further, That $25,000,000 is author-
ized to be appropriated for Project 06–D–180 National Se-
curity Laboratory at the Pacific Northwest National Lab-
oratory, Richland, Washington: Provided further, That of 
the funds made available under this heading in appropria-
tion Acts for fiscal year 2007 and prior fiscal years for 
Project 99–D–143 Mixed Oxide (MOX) Fuel Fabrication 
Facility, 
Savannah 
River 
Site, 
South 
Carolina, 
$115,000,000 are rescinded: Provided further, That of the 
funds made available under this heading in appropriation 
Acts for fiscal year 2007 and prior fiscal years for Russian 
Surplus Fissile Materials Disposition, $57,000,000 are re-
scinded: Provided further, That of the funds made available
282 
in the first paragraph under the heading ‘‘Atomic Energy 
Defense Activities—Other Defense Activities’’ in chapter 2 
of title I of division B of Public Law 105–277 and subse-
quently transferred by the Department of Energy to the De-
fense Nuclear Nonproliferation program, $150,000,000 are 
rescinded. 
NAVAL REACTORS 
For Department of Energy expenses necessary for 
naval reactors activities to carry out the Department of En-
ergy Organization Act (42 U.S.C. 7101 et seq.), including 
the acquisition (by purchase, condemnation, construction, 
or otherwise) of real property, plant, and capital equip-
ment, facilities, and facility expansion, $781,800,000, to re-
main available until expended. 
OFFICE OF THE ADMINISTRATOR 
For necessary expenses of the Office of the Adminis-
trator in the National Nuclear Security Administration, in-
cluding official reception and representation expenses not 
to exceed $12,000, $405,987,000, to remain available until 
expended.
283 
ENVIRONMENTAL AND OTHER DEFENSE 
ACTIVITIES 
DEFENSE ENVIRONMENTAL CLEANUP 
(INCLUDING TRANSFER OF FUNDS) 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other expenses necessary for atomic en-
ergy defense 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 
condemnation of any real property or any facility or for 
plant or facility acquisition, construction, or expansion, 
and the purchase of not to exceed three passenger motor ve-
hicles for replacement only, $5,398,573,000, to remain 
available until expended, of which $463,000,000 shall be 
transferred to and deposited in the ‘‘Uranium Enrichment 
Decontamination and Decommissioning Fund’’. 
OTHER DEFENSE ACTIVITIES 
(INCLUDING TRANSFER OF FUNDS) 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other expenses, necessary for atomic en-
ergy defense, other defense activities, and classified activi-
ties, in carrying out the purposes of the Department of En-
ergy Organization Act (42 U.S.C. 7101 et seq.), including
284 
the acquisition or condemnation of any real property or 
any facility or for plant or facility acquisition, construc-
tion, or expansion, and the purchase of not to exceed twelve 
passenger 
motor 
vehicles 
for 
replacement 
only, 
$761,290,000, to remain available until expended: Pro-
vided, That of the funds provided under this heading in 
Public Law 109–103, $4,900,000 are transferred to ‘‘Weap-
ons Activities’’ for special nuclear material consolidation 
activities associated with safeguards and security. 
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 ex-
pansion, $201,000,000, to remain available until expended. 
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 the Lower Granite Dam fish trap, the 
Kootenai River White Sturgeon Hatchery, the Nez Perce 
Tribal Hatchery, Redfish Lake Sockeye Captive Brood ex-
pansion, hatchery production facilities to supplement Chi-
nook salmon below Chief Joseph Dam in Washington, Hood 
River Production Facility, Klickitat production expansion, 
Mid-Columbia Coho restoration, and Yakama Coho restora-
285 
tion, and in addition, for official reception and representa-
tion expenses in an amount not to exceed $1,500. During 
fiscal year 2008, 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 marketing 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, $6,463,000, to remain available until expended: 
Provided, That, notwithstanding the provisions of 31 
U.S.C. 3302, beginning in fiscal year 2008 and thereafter, 
such funds as are received by the Southeastern Power Ad-
ministration from any State, municipality, corporation, 
association, firm, district, or individual as advance pay-
ment for work that is associated with Southeastern’s Oper-
ations and Maintenance, consistent with that authorized in 
section 5 of the Flood Control Act of 1944, shall be credited 
to this account and be available until expended: Provided 
further, That, notwithstanding 31 U.S.C. 3302, up to 
$48,413,000 collected by the Southeastern Power Adminis-
tration pursuant to the Flood Control Act of 1944 to recover 
purchase power and wheeling expenses shall be credited to
286 
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 southwestern 
power administration, $30,442,000, to remain available 
until expended: Provided, That, notwithstanding 31 U.S.C. 
3302, up to $35,000,000 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 collections, to remain 
available until expended for the sole purpose of making pur-
chase power and wheeling expenditures. 
CONSTRUCTION, REHABILITATION, OPERATION AND 
MAINTENANCE, WESTERN AREA POWER ADMINISTRATION 
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.
287 
7152), and other related activities including conservation 
and renewable resources programs as authorized, including 
the operation, maintenance, and purchase through transfer, 
exchange, or sale of one helicopter for replacement only, and 
official reception and representation expenses in an amount 
not to exceed $1,500; $231,030,000, to remain available 
until expended, of which $221,094,000 shall be derived from 
the Department of the Interior Reclamation Fund: Pro-
vided, That of the amount herein appropriated, $7,167,000 
is for deposit into the Utah Reclamation Mitigation and 
Conservation Account pursuant to title IV of the Reclama-
tion Projects Authorization and Adjustment Act of 1992: 
Provided further, That notwithstanding the provision of 31 
U.S.C. 3302, up to $308,702,000 collected by the Western 
Area Power Administration pursuant to the Flood Control 
Act of 1944 and the Reclamation Project Act of 1939 to 
recover purchase power and wheeling expenses shall be cred-
ited to this account as offsetting collections, to remain avail-
able 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
288 
to be derived from the Falcon and Amistad Operating and 
Maintenance Fund of the Western Area Power Administra-
tion, 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, 
$260,425,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law, not 
to exceed $260,425,000 of revenues from fees and annual 
charges, and other services and collections in fiscal year 
2008 shall be retained and used for necessary expenses in 
this account, and shall remain available until expended: 
Provided further, That the sum herein appropriated from 
the general fund shall be reduced as revenues are received 
during fiscal year 2008 so as to result in a final fiscal year 
2008 appropriation from the general fund estimated at not 
more than $0.
289 
GENERAL PROVISIONS, DEPARTMENT OF 
ENERGY 
SEC. 301. CONTRACT COMPETITION. (a) None of the 
funds in this or any other appropriations Act for fiscal year 
2008 or any previous fiscal year may be used to make pay-
ments for a noncompetitive management and operating 
contract, or a contract for environmental remediation or 
waste management in excess of $100,000,000 in annual 
funding at a current or former management and operating 
contract site or facility, or award a significant extension 
or expansion to an existing management and operating 
contract, or other contract covered by this section, 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. 
(b) The term ‘‘competitive procedures’’ has the mean-
ing provided in section 4 of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 403) and includes procedures 
described in section 303 of the Federal Property and Ad-
ministrative Services Act of 1949 (41 U.S.C. 253) other 
than a procedure that solicits a proposal from only one 
source. 
(c) Within 30 days of formally notifying an incumbent 
contractor that the Secretary intends to grant such a waiv-
290 
er, the Secretary shall submit to the Subcommittees on En-
ergy and Water Development of the Committees on Appro-
priations of the House of Representatives and the Senate 
a report notifying the Subcommittees of the waiver and set-
ting forth, in specificity, the substantive reasons why the 
Secretary believes the requirement for competition should 
be waived for this particular award. 
SEC. 302. UNFUNDED REQUESTS FOR PROPOSALS. 
None of the funds appropriated by this Act may be used 
to prepare or initiate Requests For Proposals (RFPs) for 
a program if the program has not been funded by Congress. 
SEC. 303. 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 En-
ergy, under section 3161 of the National Defense Au-
thorization Act for Fiscal Year 1993 (Public Law 
102–484; 42 U.S.C. 7274h). 
SEC. 304. 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 sever-
ance payments and other benefits and community assist-
291 
ance grants under section 3161 of the National Defense Au-
thorization 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 congressional 
committees. 
SEC. 305. UNEXPENDED BALANCES. The unexpended 
balances of prior appropriations provided for activities in 
this Act may be available to the same appropriation ac-
counts for such activities established pursuant to this title. 
Available balances may be merged with funds in the appli-
cable established accounts and thereafter may be accounted 
for as one fund for the same time period as originally en-
acted. 
SEC. 306. BONNEVILLE POWER AUTHORITY 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 defined Bonneville 
service territory, with the exception of services provided 
internationally, including services provided on a reimburs-
able basis, unless the Administrator certifies in advance 
that such services are not available from private sector busi-
nesses. 
SEC. 307. USER FACILITIES. When the Department of 
Energy makes a user facility available to universities or
292 
other potential users, or seeks input from universities or 
other potential users regarding significant characteristics or 
equipment in a user facility or a proposed user facility, 
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 potential user as 
a formal partner in the establishment or operation of a user 
facility, the Department shall employ full and open com-
petition in selecting such a partner. For purposes 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 Administration Defense Pro-
grams Technology Deployment Center/User Facility; and 
(3) any other Departmental facility designated by the De-
partment as a user facility. 
SEC. 308. INTELLIGENCE ACTIVITIES. Funds appro-
priated 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 pur-
poses of section 504 of the National Security Act of 1947 
(50 U.S.C. 414) during fiscal year 2008 until the enactment 
of the Intelligence Authorization Act for fiscal year 2008.