Energy and Water Development Appropriations Act, 2006
PL 109-103 (H.R.2419), enacted 11/19/2005

119 STAT. 2247
PUBLIC LAW 109–103—NOV. 19, 2005
Public Law 109–103
109th Congress
An Act
Making appropriations for energy and water development for the fiscal year ending
September 30, 2006, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the Treasury
not otherwise appropriated, for the fiscal year ending September
30, 2006, for energy and water development and for other purposes,
namely:
TITLE I
CORPS OF ENGINEERS—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
The following appropriations shall be expended under the direc-
tion of the Secretary of the Army and the supervision of the Chief
of Engineers for authorized civil functions of the Department of
the Army pertaining to rivers and harbors, flood control, shore
protection and storm damage reduction, aquatic ecosystem restora-
tion, and related purposes.
INVESTIGATIONS
For expenses necessary for the collection and study of basic
information pertaining to river and harbor, flood control, shore
protection and storm damage reduction, aquatic ecosystem restora-
tion, and related projects, restudy of authorized projects, miscella-
neous investigations, and, when authorized by law, surveys and
detailed studies and plans and specifications of projects prior to
construction, $164,000,000, to remain available until expended: Pro-
vided, That, notwithstanding any other provision of law, within
the funds provided under this heading, $1,000,000 shall be available
for planning assistance to the state of Ohio for Stark County water-
shed basin study: Provided further, That using $8,000,000 of the
funds provided herein, the Secretary of the Army, acting through
the Chief of Engineers, is directed to conduct a comprehensive
hurricane protection study at full Federal expense to develop and
present a full range of flood, coastal and hurricane protection meas-
ures exclusive of normal policy considerations for south Louisiana
and the Secretary shall submit a feasibility report for short-term
Reports.
Deadlines.
Energy and
Water
Development
Appropriations
Act, 2006.
Nov. 19, 2005
[H.R. 2419]
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119 STAT. 2248
PUBLIC LAW 109–103—NOV. 19, 2005
protection within 6 months of enactment of this Act, interim protec-
tion within 12 months of enactment of this Act and long-term
comprehensive protection within 24 months of enactment of this
Act: Provided further, That the Secretary shall consider providing
protection for a storm surge equivalent to a Category 5 hurricane
within the project area and may submit reports on component
areas of the larger protection program for authorization as soon
as practicable: Provided further, That the analysis shall be con-
ducted in close coordination with the State of Louisiana and its
appropriate agencies.
CONSTRUCTION
For expenses necessary for the construction of river and harbor,
flood control, shore protection and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law; for
conducting detailed studies, and plans and specifications, of such
projects (including those involving participation by States, local
governments, or private groups) authorized or made eligible for
selection by law (but such detailed studies, and plans and specifica-
tions, shall not constitute a commitment of the Government to
construction); $2,372,000,000, to remain available until expended;
of which such sums as are necessary to cover the Federal share
of construction costs for facilities under the Dredged Material Dis-
posal Facilities program shall be derived from the Harbor Mainte-
nance 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,
Mississippi River, Iowa; Lock and Dam 24, Mississippi River, Illinois
and Missouri; Lock 27, Mississippi River, Illinois; and Lock and
Dam 3, Mississippi River, Minnesota) shall be derived from the
Inland Waterways Trust Fund; and of which $12,000,000 shall
be exclusively for projects and activities authorized under section
107 of the River and Harbor Act of 1960; and of which $500,000
shall be exclusively for projects and activities authorized under
section 111 of the River and Harbor Act of 1968; and of which
$7,000,000 shall be exclusively for projects and activities authorized
under section 103 of the River and Harbor Act of 1962; and of
which $40,000,000 shall be exclusively available for projects and
activities authorized under section 205 of the Flood Control Act
of 1948; and of which $15,000,000 shall be exclusively for projects
and activities authorized under section 14 of the Flood Control
Act of 1946; and of which $300,000 shall be exclusively for projects
and activities authorized under section 208 of the Flood Control
Act of 1954; and of which $30,000,000 shall be exclusively for
projects and activities authorized under section 1135 of the Water
Resources Development Act of 1986; and of which $30,000,000 shall
be exclusively for projects and activities authorized under section
206 of the Water Resources Development Act of 1996; and of which
$5,000,000 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 $11,250,000 of the funds appropriated herein for the Dallas
Floodway Extension, Texas, project, including the Cadillac Heights
Louisiana.
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119 STAT. 2249
PUBLIC LAW 109–103—NOV. 19, 2005
feature, generally in accordance with the Chief of Engineers report
dated December 7, 1999: Provided further, That the Chief of Engi-
neers is directed to use $1,500,000 of the funds provided herein
for the Hawaii Water Management Project: Provided further, That
the Chief of Engineers is directed to use $13,000,000 of the funds
appropriated herein for the navigation project at Kaumalapau
Harbor, Hawaii: Provided further, That the Chief of Engineers
is directed to use $4,000,000 of the funds provided herein for the
Dam Safety and Seepage/Stability Correction Program for seepage
control features and repairs to the tainter gates at Waterbury
Dam, Vermont: Provided further, That $600,000 of the funds pro-
vided herein for the Dam Safety and Seepage/Stability Correction
Program shall be available for Dover Dam, Ohio: Provided further,
That the Chief of Engineers is directed to use $9,500,000 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 $5,600,000
of the funds appropriated herein for planning, engineering, design
or construction of the Lower Mingo County, Upper Mingo County,
Wayne County, McDowell County, West Virginia, elements of the
Levisa and Tug Forks of the Big Sandy River and Upper Cum-
berland River Project: Provided further, That the Chief of Engineers
is directed to continue the Dickenson County Detailed Project
Report as generally defined in Plan 4 of the Huntington District
Engineer’s Draft Supplement to the section 202 General Plan for
Flood Damage Reduction dated April 1997, including all Russell
Fork tributary streams within the County and special consider-
ations as may be appropriate to address the unique relocations
and resettlement needs for the flood prone communities within
the County: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, is directed to use $16,000,000
of the funds appropriated herein for the Clover Fork, City of Cum-
berland, Town of Martin, Pike County (including Levisa Fork and
Tug Fork Tributaries), Bell County, Harlan County in accordance
with the Draft Detailed Project Report dated January 2002, Floyd
County, Martin County, Johnson County, and Knox County, Ken-
tucky, detailed project report, elements of the Levisa and Tug
Forks of the Big Sandy River and Upper Cumberland River: Pro-
vided further, That the Chief of Engineers is directed to proceed
with work on the permanent bridge to replace Folsom Bridge Dam
Road, Folsom, California, as authorized by the Energy and Water
Development Appropriations Act, 2004 (Public Law 108–137), and,
of the $15,000,000 available for the American River Watershed
(Folsom Dam Mini-Raise), California, project, $10,000,000 of those
funds be directed for the permanent bridge, with all remaining
devoted to the Mini-Raise: Provided further, That $300,000 is pro-
vided for the Chief of Engineers to conduct a General Reevaluation
Study on the Mount St. Helens project to determine if ecosystem
restoration actions are prudent in the Cowlitz and Toutle water-
sheds for species that have been listed as being of economic impor-
tance and threatened or endangered: Provided further, That
$35,000,000 shall be available for projects and activities authorized
under 16 U.S.C. 410–r–8: Provided further, That the Secretary
is directed to use $2,000,000 of the funds appropriated herein
to provide a grant to the City of Caliente, Nevada, for the City
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119 STAT. 2250
PUBLIC LAW 109–103—NOV. 19, 2005
to expend for the purpose of purchasing construction equipment
to be used by the City in constructing local flood control measures.
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, IL-
LINOIS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND TEN-
NESSEE
For expenses necessary for the flood damage reduction program
for the Mississippi River alluvial valley below Cape Girardeau,
Missouri, as authorized by law, $400,000,000, to remain available
until expended, of which such sums as are necessary to cover
the Federal share of operation and maintenance costs for inland
harbors shall be derived from the Harbor Maintenance Trust Fund:
Provided, That the Chief of Engineers is directed to use $20,000,000
of the funds provided herein for design and real estate activities
and pump supply elements for the Yazoo Basin, Yazoo Backwater
Pumping Plant, Mississippi: Provided further, That the Secretary
of the Army, acting through the Chief of Engineers is directed
to use $9,000,000 appropriated herein for construction of water
withdrawal features of the Grand Prairie, Arkansas, project, 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.
OPERATION AND MAINTENANCE
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage reduction,
aquatic ecosystem restoration, and related projects authorized by
law; for providing security for infrastructure owned and operated
by, or on behalf of, the United States Army Corps of Engineers
(the ‘‘Corps’’), including administrative buildings and facilities, lab-
oratories, and the Washington Aqueduct; for the maintenance of
harbor channels provided by a State, municipality, or other public
agency that serve essential navigation needs of general commerce,
where authorized by law; and for surveys and charting of northern
and northwestern lakes and connecting waters, clearing and
straightening channels, and removal of obstructions to navigation,
$1,989,000,000, to remain available until expended, of which such
sums to cover the Federal share of operation and maintenance
costs for coastal harbors and channels, and inland harbors shall
be derived from the Harbor Maintenance Trust Fund, pursuant
to Public Law 99–662 may be derived from that fund; of which
such sums as become available from the special account for the
Corps established by the Land and Water Conservation Act of
1965, as amended (16 U.S.C. 460l–6a(i)), may be derived from
that account for resource protection, research, interpretation, and
maintenance 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 appropriated herein, for the Intracoastal Water-
way, Delaware River to Chesapeake Bay, Delaware and Maryland,
the Chief of Engineers, is directed to reimburse the State of Dela-
ware for normal operation and maintenance costs incurred by the
State of Delaware for the SR1 Bridge from station 58∂00 to station
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119 STAT. 2251
PUBLIC LAW 109–103—NOV. 19, 2005
293∂00 between October 1, 2005, and September 30, 2006: Provided
further, That the Chief of Engineers is authorized to undertake,
at full Federal expense, a detailed evaluation of the Albuquerque
levees for purposes of determining structural integrity, impacts
of vegetative growth, and performance under current hydrological
conditions: Provided further, That using $275,000 provided herein,
the Chief of Engineers is authorized to remove the sunken vessel
State of Pennsylvania from the Christina River in Delaware.
REGULATORY PROGRAM
For expenses necessary for administration of laws pertaining
to regulation of navigable waters and wetlands, $160,000,000, to
remain available until expended.
REVOLVING FUND
None of the funds in title I of this Act or otherwise available
to the Corps of Engineers shall be available for the rehabilitation
and lead and asbestos abatement of the dredge McFarland.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation’s early atomic energy program, $140,000,000, to remain
available until expended.
GENERAL EXPENSES
For expenses necessary for general administration and related
civil works functions in the headquarters of the United States
Army Corps of Engineers, the offices of the Division Engineers,
the Humphreys Engineer Center Support 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, $154,000,000, to remain available until
expended: Provided, That no part of any other appropriation pro-
vided in title I of this Act shall be available to fund the civil
works activities of the Office of the Chief of Engineers or the
civil works executive direction and management activities of the
division offices: Provided further, That the Secretary is directed
to use $4,500,000 of the funds appropriated herein to conduct,
at full Federal expense and in close cooperation with state and
local governments, comprehensive analyses that examine multi-
jurisdictional use and management of water resources on a water-
shed or regional scale.
OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL WORKS)
For expenses necessary for the Office of Assistant Secretary
of the Army (Civil Works), as authorized by 10 U.S.C. 3016(b)(3),
$4,000,000.
ADMINISTRATIVE PROVISION
Appropriations in this title shall be available for official recep-
tion and representation expenses not to exceed $5,000; and during
the current fiscal year the Revolving Fund, Corps of Engineers,
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119 STAT. 2252
PUBLIC LAW 109–103—NOV. 19, 2005
shall be available for purchase not to exceed 100 for replacement
only and hire of passenger 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 2006, 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 program, project
or activity for which funds have been denied or restricted
by this Act;
(4) proposes to use funds directed for a specific activity
by either the House or the Senate Committees on Appropria-
tions for a different purpose;
(5) augments existing programs, projects or activities in
excess of $2,000,000 or 50 percent, whichever is less, unless
prior approval is received from the House and Senate Commit-
tees on Appropriations;
(6) reduces existing programs, projects or activities in
excess of $2,000,000 or 50 percent, whichever is less, unless
prior approval is received from the House and Senate Commit-
tees on Appropriations; or
(7) creates, reorganizes, or restructures a branch, division,
office, bureau, board, commission, agency, administration, or
department different from the budget justifications submitted
to the Committees on Appropriations or the table accompanying
the Statement of Managers accompanying this Act, whichever
is more detailed, unless prior approval is received from the
House and Senate Committees on Appropriations.
(b) Subsection (a)(1) shall not apply to any project or activity
authorized under section 205 of the Flood Control Act of 1948;
section 14 of the Flood Control Act of 1946; section 208 of the
Flood Control Act of 1954; section 107 of the River and Harbor
Act of 1960; section 103 of the River and Harbor Act of 1962;
section 111 of the River and Harbor Act of 1968; section 1135
of the Water Resources Development Act of 1986; section 206 of
the Water Resources Development Act of 1996; sections 204 and
207 of the Water Resources Development Act of 1992 or section
933 of the Water Resources Development Act of 1986.
(c) Not later than 60 days after the date of enactment of
this Act, the Corps of Engineers shall submit a report to the
Committees on Appropriations of the Senate and the House of
Representatives to establish the baseline for application of re-
programming and transfer authorities for the current fiscal year:
Provided, That the report shall include—
(1) a table for each appropriation with a separate column
to display the President’s budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if appro-
priate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
Deadline.
Reports.
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119 STAT. 2253
PUBLIC LAW 109–103—NOV. 19, 2005
(3) an identification of items of special congressional
interest: Provided further, That the amount appropriated 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.
(d) None of the funds received as a non-Federal share for
project costs by any agency funded in title I of this Act shall
be available for reprogramming.
SEC. 102. Beginning in fiscal year 2006 and thereafter, agree-
ments proposed for execution by the Assistant Secretary of the
Army for Civil Works or the United States Army Corps of Engineers
after the date of the enactment of this Act pursuant to section
4 of the River and Harbor Act of 1915, Public Law 64–291; section
11 of the River and Harbor Act of 1925, Public Law 68–585; the
Civil Functions Appropriations Act, 1936, Public Law 75–208; sec-
tion 215 of the Flood Control Act of 1968, as amended, Public
Law 90–483; sections 104, 203, and 204 of the Water Resources
Development Act of 1986, as amended, Public Law 99–662; section
206 of the Water Resources Development Act of 1992, as amended,
Public Law 102–580; section 211 of the Water Resources Develop-
ment Act of 1996, Public Law 104–303; and any other specific
project authority, shall be limited to total credits and reimburse-
ments for all applicable projects not to exceed $100,000,000 in
each fiscal year.
SEC. 103. In order to protect and preserve the integrity of
the water supply against further degradation, none of the funds
made available under this Act and any other Act hereafter may
be used by the Army Corps of Engineers to support activities
related to any proposed new landfill in the Muskingum Watershed
if such landfill—
(1) has not received a permit to construct from the State
agency with responsibility for solid waste management in the
watershed;
(2) has not received waste for disposal during 2005; and
(3) is not contiguous or adjacent to a portion of a landfill
that has received waste for disposal in 2005 and each landfill
is owned by the same person or entity.
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 missions, functions, or responsibil-
ities of the United States Army Corps of Engineers to other govern-
ment agencies without specific direction in a subsequent Act of
Congress.
SEC. 105. ST. GEORGES BRIDGE, DELAWARE.—None of the funds
made available in this Act may be used to carry out any activity
relating to closure or removal of the St. Georges Bridge across
the Intracoastal Waterway, Delaware River to Chesapeake Bay,
Delaware and Maryland, including a hearing or any other activity
relating to preparation of an environmental impact statement con-
cerning the closure or removal.
SEC. 106. Notwithstanding any other provision of law, the
requirements regarding the use of continuing contracts 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 Flood Control, Mississippi River
and Tributaries account.
Applicability.
Mississippi.
33 USC 2221.
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119 STAT. 2254
PUBLIC LAW 109–103—NOV. 19, 2005
SEC. 107. Within 75 days of the date of the Chief of Engineers
Report on a water resource matter, the Assistant Secretary of
the Army (Civil Works) shall submit the report to the appropriate
authorizing and appropriating committees of the Congress.
SEC. 108. None of the funds made available in title I of this
Act may be used to award any continuing contract or to make
modifications to any existing continuing contract that commits an
amount for a project in excess of the amount appropriated for
such project pursuant to this Act: Provided, That the amounts
appropriated in this Act may be modified pursuant to the authorities
provided in section 101 of this Act or through the application
of unobligated balances for such project.
SEC. 109. Within 90 days of the date of enactment of this
Act, the Assistant Secretary of the Army (Civil Works) shall
transmit to Congress his report on any water resources matter
on which the Chief of Engineers has reported.
SEC. 110. Section 123 of Public Law 108–137 (117 Stat. 1837)
is amended by striking ‘‘in accordance with the Baltimore Metropoli-
tan Water Resources-Gwynns Falls Watershed Feasibility Report’’
and all that follows and inserting the following language in lieu
thereof: ‘‘in accordance with the Baltimore Metropolitan Water
Resources Gwynns Falls Watershed Study—Draft Feasibility Report
and Integrated Environmental Assessment prepared by the Corps
of Engineers and the City of Baltimore, Maryland, dated April
2004. The non-Federal sponsor shall receive credit toward its share
of project costs for work carried out by the non-Federal sponsor
prior to execution of a project cooperation agreement, if the Sec-
retary determines that the work is integral to the project. The
non-Federal sponsor may also receive credit for any work performed
by the non-Federal sponsor pursuant to a project cooperation agree-
ment. The non-Federal sponsor shall be reimbursed for any work
performed by the non-Federal sponsor that is in excess of the
non-Federal share of project costs.’’.
SEC. 111. None of the funds in this Act may be expended
by the Secretary of the Army to construct the Port Jersey element
of the New York and New Jersey Harbor or to reimburse the
local sponsor for the construction of the Port Jersey element until
commitments for construction of container handling facilities are
obtained from the non-Federal sponsor for a second user along
the Port Jersey element.
SEC. 112. MARMET LOCK, KANAWHA RIVER, WEST VIRGINIA.
Section 101(a)(31) of the Water Resources Development Act of 1996
(110 Stat. 3666), is amended by striking ‘‘$229,581,000’’ and
inserting ‘‘$358,000,000’’.
SEC. 113. Truckee Meadows Flood Control Project, Nevada.—
The non-Federal funds expended for purchase of lands, easements
and rights-of-way, implementation of project monitoring and assess-
ment, and construction and implementation of recreation, ecosystem
restoration, and water quality improvement features, including the
provision of 6700 acre-feet of water rights no later than the effective
date of the Truckee River Operating Agreement for re-vegetation,
reestablishment and maintenance of riverine and riparian habitat
of the Lower Truckee River and Pyramid Lake, whether expended
prior to or after the signing of the Project Cooperation Agreement
(PCA), shall be fully credited to the non-Federal sponsor’s share
of costs for the project: Provided, That for the purposes of benefit-
cost ratio calculations in the General Reevaluation Report (GRR),
Deadline.
Reports.
Deadline.
Reports.
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the Truckee Meadows Nevada Flood Control Project shall be defined
as a single unit and non-separable.
SEC. 114. WATER REALLOCATION, LAKE CUMBERLAND, KEN-
TUCKY. (a) IN GENERAL.—Subject to subsection (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 Cumberland, Kentucky, authorized under the Act
of June 28, 1938 (52 Stat. 1215, chapter 795) and the Act of
July 24, 1946 (60 Stat. 636, chapter 595).
(b) EXISTING REALLOCATIONS.—Subsection (a) shall not apply
to any water reallocation for Lake Cumberland, Kentucky, that
is carried out subject to an agreement or payment schedule in
effect on the date of enactment of this Act.
SEC. 115. Section 529(b)(3) of Public Law 106–541 is amended
by striking ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’ in lieu
thereof.
SEC. 116. YAZOO BASIN, BIG SUNFLOWER RIVER, MISSISSIPPI.—
The Yazoo Basin, Big Sunflower River, Mississippi, project author-
ized by the Flood Control Act of 1944, as amended and modified,
is further modified to include the design and construction at full
Federal expense of such measures as determined by the Chief
of Engineers to be advisable for the control and reduction of sedi-
mentation, erosion and headcutting in watersheds of the Yazoo
Basin: Yazoo Headwater and Big Sunflower.
SEC. 117. LOWER MISSISSIPPI RIVER MUSEUM AND RIVERFRONT
INTERPRETIVE SITE, MISSISSIPPI.—The Water Resources Develop-
ment Act of 1992 (106 Stat. 4811) is amended by—
(1) in section 103(c)(2) by striking ‘‘property currently held
by the Resolution Trust Corporation in the vicinity of the
Mississippi River Bridge’’ and inserting ‘‘riverfront property’’;
and
(2) in section 103(c)(7)—
(A) by striking ‘‘There is’’ and inserting the following:
‘‘(A) IN GENERAL.—There is’’; and
(B) by striking ‘‘$2,000,000’’ and all that follows and
inserting the following: ‘‘$15,000,000 to plan, design, and
construct generally in accordance with the conceptual plan
to be prepared by the Corps of Engineers.
‘‘(B) FUNDING.—The planning, design, and construction
of the Lower Mississippi River Museum and Riverfront
Interpretive Site shall be carried out using funds appro-
priated as part of the Mississippi River Levees feature
of the Mississippi River and Tributaries Project, authorized
by the Act of May 15, 1928 (45 Stat. 534, chapter 569).’’.
SEC. 118. Section 593(h) of Public Law 106–541 is amended
by striking ‘‘$25,000,000’’ and inserting ‘‘$50,000,000’’ in lieu
thereof.
SEC. 119. The project for navigation, Los Angeles Harbor, Cali-
fornia, authorized by section 101(b)(5) of the Water Resources
Development Act of 2000 (114 Stat. 2577) is modified to authorize
the Chief of Engineers to carry out the project at a total cost
of $222,000,000.
SEC. 120. Section 219(f) of the Water Resources Development
Act of 1992 (Public Law 102–580; 106 Stat. 4835), as amended
by section 502(b) of the Water Resources Development Act of 1999
(Public Law 106–53) and section 108(d) of title I of division B
of the Miscellaneous Appropriations Act, 2001 (as enacted by Public
113 Stat. 380.
114 Stat. 2658.
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119 STAT. 2256
PUBLIC LAW 109–103—NOV. 19, 2005
Law 106–554; 114 Stat. 2763A–220), is further amended by adding
at the end the following:
‘‘(72) ALPINE, CALIFORNIA.—$10,000,000 is authorized for
a water transmission main, Alpine, CA.’’.
SEC. 121. (a) The Secretary of the Army may carry out and
fund projects 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 amended
by subsection (b) and may award grants and enter into contracts,
cooperative agreements, or interagency agreements with partici-
pants in the Endangered Species Act Collaborative Program
Workgroup referenced in section 209(a) of the Energy and Water
Development Appropriations Act, 2004 (Public Law 108–137; 117
Stat. 1850) in order to carry out such projects. Any project under-
taken under this subsection shall require a non-Federal cost share
of 25 percent, which may be provided through in-kind services
or direct cash contributions and which shall be credited on a pro-
grammatic basis instead of on a project-by-project basis, with rec-
onciliation of total project costs and total non-Federal cost share
calculated on a three year incremental basis. Non-Federal cost
share that exceeds that which is required in any calculated three
year increment shall be credited to subsequent three year incre-
ments.
(b) Section 205(b) of Public Law 108–447 (118 Stat. 2949)
is amended by adding ‘‘and any amendments thereto’’ after the
word ‘‘2003’’.
SEC. 122. BLUESTONE, WEST VIRGINIA. Section 547 of the Water
Resources Development Act of 2000 (114 Stat. 2676) is amended—
(1) in subsection (b)(1)(A) by striking ‘‘4 years’’ and
inserting ‘‘5 years’’;
(2) in subsection (b)(1)(B)(iii) by striking ‘‘if all’’ and all
that follows through ‘‘facility’’ and inserting ‘‘assurance project’’;
(3) in subsection (b)(1)(C) by striking ‘‘and construction’’
and inserting ‘‘, construction, and operation and maintenance’’;
(4) by adding at the end of subsection (b) the following:
‘‘(3) OPERATION
AND
OWNERSHIP.—The Tri-Cities Power
Authority shall be the owner and operator of the hydropower
facilities referred to in subsection (a).’’;
(5) in subsection (c)(1)—
(A) by striking ‘‘No’’ and inserting ‘‘Unless otherwise
provided, no’’;
(B) by inserting ‘‘planning,’’ before ‘‘design’’; and
(C) by striking ‘‘prior to’’ and all that follows through
‘‘subsection (d)’’;
(6) in subsection (c)(2) by striking ‘‘design’’ and inserting
‘‘planning, design,’’;
(7) in subsection (d)—
(A) by striking paragraphs (1) and (2) and inserting
the following:
‘‘(1) APPROVAL.—The Secretary shall review the design and
construction activities for all features of the hydroelectric
project that pertain to and affect stability of the dam and
control the release of water from Bluestone Dam to ensure
that the quality of construction of those features meets all
standards established for similar facilities constructed by the
Secretary.’’;
(B) by redesignating paragraph (3) as paragraph (2);
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(C) by striking the period at the end of paragraph
(2) (as so redesignated) and inserting ‘‘, except that hydro-
electric power is no longer a project purpose of the facility
so long as Tri-Cities Power Authority continues to exercise
its responsibilities as the builder, owner, and operator of
the hydropower facilities at Bluestone Dam. Water flow
releases and flood control from the hydropower facilities
shall be determined and directed by the Corps of Engi-
neers.’’; and
(D) by adding at the end the following:
‘‘(3) COORDINATION.—Construction of the hydroelectric
generating facilities shall be coordinated with the dam safety
assurance project currently in the design and construction
phases.’’;
(8) in subsection (e) by striking ‘‘in accordance’’ and all
that follows through ‘‘58 Stat. 890)’’;
(9) in subsection (f)—
(A) by striking ‘‘facility of the interconnected systems
of reservoirs operated by the Secretary’’ each place it
appears and inserting ‘‘facilities under construction under
such agreements’’; and
(B) by striking ‘‘design’’ and inserting ‘‘planning,
design’’;
(10) in subsection (f)(2)—
(A) by ‘‘Secretary’’ each place it appears and inserting
‘‘Tri-Cities Power Authority’’; and
(B) by striking ‘‘facilities referred to in subsection (a)’’
and inserting ‘‘such facilities’’;
(11) by striking paragraph (1) of subsection (g) and
inserting the following:
‘‘(1) to arrange for the transmission of power to the market
or to construct such transmission facilities as necessary to
market the power produced at the facilities referred to in sub-
section (a) with funds contributed by the Tri-Cities Power
Authority; and’’;
(12) in subsection (g)(2) by striking ‘‘such facilities’’ and
all that follows through ‘‘the Secretary’’ and inserting ‘‘the
generating facility’’; and
(13) by adding at the end the following:
‘‘(i) TRI-CITIES POWER AUTHORITY DEFINED.—In this section,
the ‘Tri-Cities Power Authority’ refers to the entity established
by the City of Hinton, West Virginia, the City of White Sulphur
Springs, West Virginia, and the City of Philippi, West Virginia,
pursuant to a document entitled ‘Second Amended and Restated
Intergovernmental Agreement’ approved by the Attorney General
of West Virginia on February 14, 2002.’’.
SEC. 123. (a) IN GENERAL.—
(1) After the date of enactment of this Act, the Secretary
of the Army shall carry out the project for wastewater infra-
structure, DeSoto County, Mississippi, authorized by section
219(f)(30) of Public Law 102–580, as amended, in accordance
with the provisions of this subsection.
(2) The non-Federal interest shall be primarily responsible
for carrying out work on the project referred to in paragraph
(1) that is not covered by the Project Cooperation Agreement
executed on May 13, 2002 or any amendments thereto,
including work associated with the design, construction,
Mississippi.
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management, and administration of the project. The non-Fed-
eral interest may carry out work on the project subject to
obtaining any permits required pursuant to Federal and State
laws and subject to general supervision and administrative
oversight by the Secretary of the Army.
(3) The Federal share of project costs incurred by the
non-Federal interest in carrying out work on the project as
provided for in paragraph (2) shall equal 75 percent of the
total cost of the work and shall be in the form of grants
or reimbursements, except that the total amount of Federal
funds available for the project, including that portion of the
project carried out as provided for in paragraph (2), may not
exceed $55,000,000.
(b) TECHNICAL AMENDMENT.—Section 6006 of the Emergency
Supplemental Appropriations Act, 2005 (119 Stat. 282) is amended
by striking ‘‘between May 13, 2002, and September 30, 2005’’ and
inserting ‘‘after May 13, 2002’’ in lieu thereof.
SEC. 124. The project for flood control, Las Vegas Wash and
Tributaries (Flamingo and Tropicana Washes), Nevada, authorized
by section 101(13) of Public Law 102–580 and modified by Public
Law 108–7 (H.J. Res. 2) Consolidated Appropriations Resolution,
2003, section 107 is further modified to provide that the costs
incurred for design and construction of the project channel crossings
in the reach of the channels from Shelbourne Avenue proceeding
north along the alignment of Durango Drive and continuing east
along the Southern Beltway to Martin Avenue shall be added to
the authorized cost of the project and such costs shall be cost
shared and shall not be considered part of the non-Federal sponsor’s
responsibility to provide lands, easements, and rights-of-way, and
to perform relocations for the project.
SEC. 125. RESTORATION OF THE LAKE MICHIGAN WATERFRONT
AND RELATED AREAS, LAKE AND PORTER COUNTIES, INDIANA.—The
Secretary of the Army, acting through the Chief of Engineers is
authorized and directed to carry out a continuing program for
the restoration of the Lake Michigan Waterfront and Related Areas,
Lake and Porter Counties, Indiana.
(1) DEFINITIONS.—
(A) Related areas are defined as adjacent or close sites
that have an impact or influence on the waterfront areas
or aquatic habitat.
(B) Restore is defined as—
(i) activities that improve a site’s ecosystem func-
tion, structure, and dynamic processes to a less
degraded and more natural condition, and/or
(ii) the management of contaminants that allow
the site to be safely used for ecological and/or economic
purposes.
(2) JUSTIFICATION.—Projects can be justified by ecosystem
benefits, clean-up of contaminated sites, public health, safety,
economic benefits or any combination of these. Sites restored
for economic purposes can be redeveloped by others. Restoration
sites may include compatible recreation facilities that do not
diminish the restoration purpose and do not increase the Fed-
eral cost share by more than 10 percent.
(3) COST SHARING.—The construction of projects are cost
shared at 65 percent Federal and 35 percent non-Federal except
when there is a demonstration of innovative technology. The
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cost share is then 85 percent Federal and 15 percent non-
Federal.
(4) CREDIT.—
(A) The Secretary shall credit the non-Federal interest
for the value of any lands, easements, rights-of-way, reloca-
tions, excavated and/or dredged material disposal areas
required for carrying out a project. When the cost of the
provision of all lands, easements, rights-of-way, relocations,
excavated and/or dredged material disposal areas exceeds
the non-Federal share, as identified in paragraph (3), the
non-Federal interest may waive any right under Federal
cost-sharing policy to receive cash reimbursement for any
such value in excess of the non-Federal share as identified
in paragraph (3).
(B) The non-Federal interest may provide up to 100
percent of the non-Federal share required under paragraph
(3) in the form of services, materials, supplies, or other
in-kind contributions including monies paid pursuant to,
or the value of any in-kind service performed under, an
administrative order on consent or jurisdictional consent
decree but may not include any monies paid pursuant
to, or the value of any in-kind service performed under,
a unilateral administrative order or court order.
(C) The total of non-Federal credit for services, mate-
rials, supplies, or other in-kind contributions when com-
bined with lands, easements, rights-of-way, relocations,
excavated and/or dredged material disposal areas shall not
exceed the non-Federal share identified in paragraph (3).
(5) OPERATION, MAINTENANCE, REPAIR, REPLACEMENT AND
REHABILITATION.—Operation, maintenance, repair, replacement
and rehabilitation is 100 percent non-Federal cost.
(6) HOLD HARMLESS.—Non-Federal interests hold and save
harmless the United States free from claims or damages due
to implementation of the project except for negligence of the
government.
(7) AUTHORIZED APPROPRIATIONS.—There is authorized to
be appropriated to carry out this program $20,000,000 for each
fiscal year.
SEC. 126. CHESAPEAKE BAY OYSTER RESTORATION, MARYLAND
AND VIRGINIA.—The second sentence of section 704(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 2263(b)) is amended
by striking ‘‘$20,000,000’’ and inserting ‘‘$30,000,000’’.
SEC. 127. The project for flood control, Little Calumet River,
Indiana, authorized by section 401(a) of Public Law 99–662 (100
Stat. 4115) is modified to authorize the Secretary of the Army
to complete the project in accordance with the post authorization
change report dated August 2000 at a total cost of $198,000,000
with an estimated Federal cost of $148,500,000 and an estimated
non-Federal cost of $49,500,000.
SEC. 128. AMERICAN RIVER WATERSHED, CALIFORNIA (FOLSOM
DAM AND PERMANENT BRIDGE).—(a) COORDINATION OF FLOOD DAM-
AGE REDUCTION AND DAM SAFETY.—The Secretary of the Army
and the Secretary of the Interior are directed to collaborate on
authorized activities to maximize flood damage reduction improve-
ments and address dam safety needs at Folsom Dam and Reservoir,
California. The Secretaries shall expedite technical reviews for flood
damage reduction and dam safety improvements. In developing
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PUBLIC LAW 109–103—NOV. 19, 2005
improvements under this section, the Secretaries shall consider
reasonable modifications to existing authorized activities, including
a potential auxiliary spillway. In conducting such activities, the
Secretaries are authorized to expend funds for coordinated technical
reviews and joint planning, and preliminary design activities.
(b) SECRETARY’S ROLE.—Section 134 of Public Law 108–137
(117 Stat. 1842) is modified to read as follows:
‘‘SEC. 134. BRIDGE AUTHORIZATION.
‘‘There is authorized to be appropriated to the Secretary of
the Army $30,000,000 for the construction of the permanent bridge
described in section 128(a), above the $36,000,000 provided for
in the recommended plan for bridge construction. The $30,000,000
shall not be subject to cost sharing requirements with non-Federal
interests.’’.
(c) CONFORMING CHANGE.—Section 128(a) of Public Law 108–
137 (117 Stat. 1838) is modified by deleting ‘‘above the $36,000,000
provided for in the recommended plan for bridge construction,’’
and inserting in lieu thereof the following: ‘‘above the sum of the
$36,000,000 provided for in the recommended plan for bridge
construction and the amount authorized to be appropriated by
section 134, as amended,’’.
(d) MAXIMUM COST OF PROJECT.—The costs cited in subsections
(b) and (c) shall be adjusted to allow for increases pursuant to
section 902 of Public Law 99–662 (100 Stat. 4183). For purposes
of making adjustments pursuant to this subsection, the date of
authorization of the bridge project shall be December 1, 2003.
(e) EXPEDITED CONSTRUCTION.—The Secretary, in coordination
with the Secretary of the Interior and affected non-Federal officials
(including the City of Folsom, California), shall expedite construc-
tion of a new bridge and associated roadway authorized in Public
Law 108–137. The Secretary, to the extent practicable, may con-
struct such work in a manner that is compatible with the design
and construction of authorized projects for flood damage reduction
and dam safety. The Secretary and the Secretary of the Interior
shall expedite actions under their respective jurisdictions to facili-
tate timely completion of construction.
(f) REPORT TO CONGRESS.—The Secretary of the Army, in con-
sultation with the Secretary of the Interior and non-Federal
interests, shall report to Congress within ninety days of the date
of enactment of this Act, and at four-month intervals thereafter,
on the status and schedule of planning, design and construction
activity.
SEC. 129. JACKSONVILLE HARBOR, FLORIDA.—(a) The project
for navigation, Jacksonville Harbor, Florida, authorized by section
101(a)(17) of the Water Resources Development Act of 1999 (113
Stat. 276), is modified to authorize the Secretary to extend the
navigation features in accordance with the Report of the Chief
of Engineers, dated July 22, 2003, at a total cost of $14,658,000,
with an estimated Federal cost of $9,636,000 and an estimated
non-Federal cost of $5,022,000.
(b) The non-Federal share of the costs of the General Reevalua-
tion Reports on the Jacksonville Harbor which were begun prior
to August 2004, shall be consistent with the non-Federal costs
in implementing the overall construction project.
Effective date.
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SEC. 130. Section 594(g) of the Water Resources Development
Act of 1999 (113 Stat. 383) is amended by striking ‘‘$60,000,000’’
and inserting ‘‘$240,000,000’’.
SEC. 131. ONONDAGA LAKE, NEW YORK.—Section 573 of the
Water Resources Development Act of 1999 (113 Stat. 372) is
amended—
(1) in subsection (f) by striking ‘‘$10,000,000’’ and inserting
‘‘$30,000,000’’;
(2) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(3) by inserting after subsection (e) the following:
‘‘(f) NONPROFIT ENTITIES.—Notwithstanding section 221(b) of
the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)), for any
project carried out under this section, a non-Federal interest may
include a nonprofit entity, with the consent of the affected local
government.’’.
SEC. 132. WHITE
RIVER
BASIN, ARKANSAS.—(a) MINIMUM
FLOWS.—
(1) IN GENERAL.—The Secretary is authorized and directed
to implement alternatives BS–3 and NF–7, as described in
the White River Minimum Flows Reallocation Study Report,
Arkansas and Missouri, dated July 2004.
(2) COST SHARING AND ALLOCATION.—Reallocation of stor-
age and planning, design and construction of White River Min-
imum Flows project facilities shall be considered fish and wild-
life enhancement that provides national benefits and shall be
a Federal expense in accordance with section 906(e) of the
Water Resources Development Act of 1986 (33 U.S.C. 2283(e)).
The non-Federal interests shall provide relocations or modifica-
tions to public and private lakeside facilities at Bull Shoals
Lake and Norfork Lake to allow reasonable continued use of
the facilities with the storage reallocation as determined by
the Secretary in consultation with the non-Federal interests.
Operations and maintenance costs of the White River Minimum
Flows project facilities shall be 100 percent Federal. All Federal
costs for the White River Minimum Flows project shall be
considered non-reimbursable.
(3) IMPACTS ON NON-FEDERAL PROJECT.—The Administrator
of Southwestern Power Administration, in consultation with
the project licensee and the relevant state public utility commis-
sions, shall determine any impacts on electric energy and
capacity generated at Federal Energy Regulatory Commission
Project No. 2221 caused by the storage reallocation at Bull
Shoals Lake, based on data and recommendations provided
by the relevant state public utility commissions. The licensee
of Project No. 2221 shall be fully compensated by the Corps
of Engineers for those impacts on the basis of the present
value of the estimated future lifetime replacement costs of
the electrical energy and capacity at the time of implementation
of the White River Minimum Flows project. Such costs shall
be included in the costs of implementing the White River Min-
imum Flows project and allocated in accordance with subsection
(a)(2) above.
(4) OFFSET.—In carrying out this subsection, losses to the
Federal hydropower purpose of the Bull Shoals and Norfork
Projects shall be offset by a reduction in the costs allocated
to the Federal hydropower purpose. Such reduction shall be
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determined by the Administrator of the Southwestern Power
Administration on the basis of the present value of the esti-
mated future lifetime replacement cost of the electrical energy
and capacity at the time of implementation of the White River
Minimum Flows project.
(b) 
FISH
HATCHERY.—In 
constructing, 
operating, 
and
maintaining the fish hatchery at Beaver Lake, Arkansas, authorized
by section 105 of the Water Resources Development Act of 1976
(90 Stat. 2921), losses to the Federal hydropower purpose of the
Beaver Lake Project shall be offset by a reduction in the costs
allocated to the Federal hydropower purpose. Such reduction shall
be determined by the Administrator of the Southwestern Power
Administration based on the present value of the estimated future
lifetime replacement cost of the electrical energy and capacity at
the time operation of the hatchery begins.
(c) REPEAL.—Section 374 of the Water Resources Development
Act of 1999 (113 Stat. 321) and section 304 of the Water Resources
Development Act of 2000 (Public Law 106–541) are repealed.
SEC. 133. CALCASIEU SHIP CHANNEL, LOUISIANA. (a) IN GEN-
ERAL.—At such time as Pujo Heirs and Westland Corporation convey
all right, title, and interest in and to the real property described
in paragraph (b)(1) to the United States, the Secretary shall convey
all right, title, and interest of the United States in and to the
real property described in paragraph (b)(2) to Pujo Heirs and
Westland Corporation.
(b) LAND DESCRIPTION.—The parcels of land referred to in
paragraph (a) are the following:
(1) NON-FEDERAL
INTEREST
IN
LAND.—An easement for
placement of dredged materials over a contiguous equivalent
area to the real property described in subparagraph (2). The
parcels on which such an easement may be exchanged is all
of the area within the diked or confined boundaries of the
Corps of Engineers Dredge Material Placement Area M com-
prising Tract 128E, Tract 129E, Tract 131E, Tract 41A, Tract
42, Tract 132E, Tract 130E, Tract 134E, Tract 133E–3, Tract
140E, or some combination thereof.
(2) FEDERAL INTEREST IN LAND.—An easement for place-
ment of dredged materials over an area in Cameron Parish,
Louisiana, known as portions of Government Tract Numbers
139E–2 and 48 (both tracts on the west shore of the Calcasieu
Ship Channel), and other tracts known as Corps of Engineers
Dredge Material Placement Area O.
(c) CONDITIONS.—The exchange of real property under para-
graph (1) shall be subject to the following conditions:
(1) DEEDS.—
(A) NON-FEDERAL LAND.—The conveyance of the real
property described in paragraph (b)(1) to the Secretary
shall be by a warranty deed acceptable to the Secretary.
(B) FEDERAL LAND.—The conveyance of the real prop-
erty described in paragraph (b)(2) to Pujo Heirs and
Westland Corporation shall be by a quitclaim deed.
(2) TIME LIMIT FOR EXCHANGE.—The land exchange under
paragraph (a) shall be completed not later than six months
after the date of enactment of this Act.
(3) INCREMENTAL COSTS.—As determined by the Secretary,
incremental costs to the Lake Charles Harbor and Terminal
District associated with the preparation of the area and the
114 Stat. 2601.
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placement of dredge material in the new disposal easement
area, paragraph (b)(1), including, site preparation costs, associ-
ated testing, permitting, mitigation and diking costs associated
with such new disposal easement over the costs that would
have been incurred in the placement of dredge material in
the old disposal easement area, paragraph (b)(2) (comprising
all of Corps of Engineers Dredge Material Placement Area
O) up to the disposal capacity equivalent of the property
described in paragraph (b)(2), shall be made available by the
Owners. Owners shall make appropriated guarantees, as agreed
to by the Secretary, that funds will be available as needed
to cover such incremental costs. The Lake Charles Harbor
and Terminal District, as local sponsor for the Calcasieu Ship
Channel Project, shall not be assessed or caused to incur any
costs arising out of, associated with or as a consequence of
the land exchange authorized under paragraph (a).
(d) VALUE OF PROPERTIES.—If the appraised fair market value,
as determined by the Secretary, of the real property conveyed
to Pujo Heirs and Westland Corporation by the Secretary under
paragraph (a) exceeds the appraised fair market value, as deter-
mined by the Secretary, of the real property conveyed to the United
States by Pujo Heirs and Westland Corporation under paragraph
(a), Pujo Heirs and Westland Corporation shall make a payment
to the United States equal to the excess in cash or a cash equivalent
that is satisfactory to the Secretary.
SEC. 134. PROJECT
MODIFICATION.—(a) IN
GENERAL.—The
project for flood damage reduction, environmental restoration, recre-
ation, Johnson Creek, Arlington, Texas, authorized by section
101(b)(14) of the Water Resources Development Act of 1999 (113
Stat. 280–281) is modified—
(1) to deauthorize the ecosystem restoration portion of the
project that consists of approximately 90 acres of land located
between Randol Mill and the Union Pacific East/West line;
and
(2) to authorize the Secretary of the Army to design and
construct an ecosystem restoration project on lands identified
in subsection (c) that will provide the same or greater level
of national ecosystem restoration benefits as the portion of
the project described in paragraph (1).
(b) CREDIT TOWARD FEDERAL SHARE.—The Secretary of the
Army shall credit toward the Federal share of the cost of the
modified project the costs incurred by the Secretary to carry out
the project as originally authorized under section 101(b)(14) of
the Water Resources Development Act of 1999 (113 Stat. 280).
The non-Federal interest shall not be responsible for reimbursing
the Secretary for any amount credited under this subsection.
(c) COMPARABLE PROPERTY.—Not later than 6 months after
the date of enactment of this Act, the City of Arlington, Texas,
shall identify lands, acceptable to the Secretary of the Army,
amounting to not less than 90 acres within the City, where an
ecosystem restoration project may be constructed to provide the
same or greater level of National ecosystem restoration benefits
as the land described in subsection (a)(1).
SEC. 135. Funds made available in Public Law 105–62 and
Public Law 105–245 for Hudson River, Athens, New York, shall
be available for projects in the Catskill/Delaware watersheds in
Delaware and Greene Counties, New York, under the authority
Deadline.
Texas.
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PUBLIC LAW 109–103—NOV. 19, 2005
of the New York City Watershed Environmental Assistance Pro-
gram.
SEC. 136. None of the funds contained in title I of this Act
shall be available to permanently reassign or to temporarily
reassign in excess of 180 days personnel from the Charleston,
South Carolina district office: Provided, That this limitation shall
not apply to voluntary change of station.
SEC. 137. The Secretary of the Army, acting through the Chief
of Engineers, is hereby authorized and directed to design and con-
struct until hereafter completed, the recreation and access features
designated as Phase II of the Louisville Waterfront Park, Kentucky,
as described in the Louisville Waterfront Park, Phases II and III,
Detailed Project Report, by the Louisville District of the Corps
of Engineers dated May 2002. The project shall be cost shared
50 percent Federal and 50 percent non-Federal. The cost of project
work undertaken by the non-Federal interests, including but not
limited to prior planning, design, and construction, shall be credited
toward the non-Federal share of project design and construction
costs.
SEC. 138. AKUTAN, ALASKA.—(a) IN GENERAL.—The Secretary
of the Army is authorized to carry out the project for navigation,
Akutan, Alaska, substantially in accordance with the plans, and
subject to the conditions, described in the Report of the Chief
of Engineers dated December 20, 2004, at a total cost of $19,700,000.
(b) 
TREATMENT
OF
CERTAIN
DREDGING.—The 
headlands
dredging for the mooring basin shall be considered a general naviga-
tion feature for purposes of estimating the non-Federal share of
the cost of the project.
SEC. 139. (a) IN GENERAL.—The project for the beneficial use
of dredged material at Poplar Island, Maryland, authorized by
section 537 of the Water Resources Development Act of 1996 (110
Stat. 3776) shall be known as and designated as the ‘‘Paul S.
Sarbanes Ecosystem Restoration Project at Poplar Island’’.
(b) REFERENCE.—Any reference in a law, map, regulation, docu-
ment, paper or other record of the United States (including reference
by the Corps of Engineers) to the project referred to in subsection
(a) shall be deemed to be a reference to the ‘‘Paul S. Sarbanes
Ecosystem Restoration Project at Poplar Island’’.
(c) EFFECTIVE DATE.—The project designation in this section
shall become effective on January 4, 2007.
TITLE II
DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For carrying out activities authorized by the Central Utah
Project Completion Act, $32,614,000, to remain available until
expended, of which $946,000 shall be deposited into the Utah Rec-
lamation Mitigation and Conservation Account for use by the Utah
Reclamation Mitigation and Conservation Commission.
In addition, for necessary expenses incurred in carrying out
related responsibilities of the Secretary of the Interior, $1,736,000,
to remain available until expended.
Designation.
Maryland.
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BUREAU OF RECLAMATION
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
WATER AND RELATED RESOURCES
(INCLUDING TRANSFER OF FUNDS)
For management, development, and restoration of water and
related natural resources and for related activities, including the
operation, maintenance, and rehabilitation of reclamation and other
facilities, participation in fulfilling related Federal responsibilities
to Native Americans, and related grants to, and cooperative and
other agreements with, State and local governments, Indian tribes,
and others, $883,514,000, to remain available until expended, of
which $59,544,000 shall be available for transfer to the Upper
Colorado River Basin Fund and $21,998,000 shall be available
for transfer to the Lower Colorado River Basin Development Fund;
of which such amounts as may be necessary may be advanced
to the 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: Pro-
vided, That such transfers may be increased or decreased within
the overall appropriation under this heading: Provided further, That
of the total appropriated, the amount for program activities that
can be financed by the Reclamation Fund or the Bureau of Reclama-
tion 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 contributed: Provided further, That funds
advanced under 43 U.S.C. 397a shall be credited to this account
and are available until expended for the same purposes as the
sums appropriated under this heading: Provided further, That funds
available for expenditure for the Departmental Irrigation Drainage
Program may be expended by the Bureau of Reclamation for site
remediation on a non-reimbursable basis: Provided further, That
$500,000 of the funds provided herein shall be used on a non-
reimbursible basis to fund the collection of technical and environ-
mental data to be used to evaluate potential rehabilitation of the
St. Mary Storage Unit facilities, Milk River Project, Montana, and
that Reclamation shall enter into cooperative agreements with the
State of Montana or the Blackfeet Tribe to carry out such work
if the Secretary determines such agreements would be cost-effective
and efficient.
CENTRAL VALLEY PROJECT RESTORATION FUND
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, $52,219,000, to be derived from
such sums as may be collected in the Central Valley Project Restora-
tion Fund pursuant to sections 3407(d), 3404(c)(3), 3405(f), and
3406(c)(1) of Public Law 102–575, to remain available until
expended: Provided, That the Bureau of Reclamation is directed
to assess and collect the full amount of the additional mitigation
and restoration payments authorized by section 3407(d) of Public
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Law 102–575: Provided further, That none of the funds made avail-
able under this heading may be used for the acquisition or leasing
of water for in-stream purposes if the water is already committed
to in-stream purposes by a court adopted decree or order.
CALIFORNIA BAY-DELTA RESTORATION
(INCLUDING TRANSFER OF FUNDS)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with
plans to be approved by the Secretary of the Interior, $37,000,000,
to remain available until expended, of which such amounts as
may be necessary to carry out such activities may be transferred
to appropriate accounts of other participating Federal agencies to
carry out authorized purposes: Provided, That funds appropriated
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 activities shall be subject to the approval
of the Secretary of the Interior: Provided further, That CALFED
implementation shall be carried out in a balanced manner with
clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program: Provided further,
That $500,000 shall be transferred to the Army Corps of Engineers
to carry out the report on levee stability reconstruction projects
and priorities authorized under section 103(f)(3) of Public Law
108–361.
POLICY AND ADMINISTRATION
For necessary expenses of policy, administration, and related
functions in the office of the Commissioner, the Denver office,
and offices in the five regions of the Bureau of Reclamation, to
remain available until expended, $57,917,000, to be derived from
the Reclamation Fund and be nonreimbursable as provided in 43
U.S.C. 377: Provided, That no part of any other appropriation
in this Act shall be available for activities or functions budgeted
as policy and administration expenses.
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall be available
for purchase of not to exceed 14 passenger motor vehicles, of which
11 are for replacement only.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
SEC. 201. (a) None of the funds appropriated or otherwise
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 Adminis-
trator of the Environmental Protection Agency, to minimize any
detrimental effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program shall
be classified by the Secretary of the Interior as reimbursable or
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nonreimbursable and collected until fully repaid pursuant to the
‘‘Cleanup Program-Alternative Repayment 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 relating to, or providing
for, drainage service or drainage studies for the San Luis Unit
shall be fully reimbursable by San Luis Unit beneficiaries of such
service or studies pursuant 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.
SEC. 203. (a) Section 1(a) of the Lower Colorado Water Supply
Act (Public Law 99–655) is amended by adding at the end the
following: ‘‘The Secretary is authorized to enter into an agreement
or agreements with the city of Needles or the Imperial Irrigation
District for the design and construction of the remaining stages
of the Lower Colorado Water Supply Project on or after November
1, 2004, and the Secretary shall ensure that any such agreement
or agreements include provisions setting forth: (1) the responsibil-
ities of the parties to the agreement for design and construction;
(2) the locations of the remaining wells, discharge pipelines, and
power transmission lines; (3) the remaining design capacity of up
to 5,000 acre-feet per year which is the authorized capacity less
the design capacity of the first stage constructed; (4) the procedures
and requirements for approval and acceptance by the Secretary
of the remaining stages, including approval of the quality of
construction, measures to protect the public health and safety,
and procedures for protection of such stages; (5) the rights, respon-
sibilities, and liabilities of each party to the agreement; and (6)
the term of the agreement.’’.
(b) Section 2(b) of the Lower Colorado Water Supply Act (Public
Law 99–655) is amended by adding at the end the following: ‘‘Sub-
ject to the demand of such users along or adjacent to the Colorado
River for Project water, the Secretary is further authorized to
contract with additional persons or entities who hold Boulder
Canyon Project Act section 5 contracts for municipal and industrial
uses within the State of California for the use or benefit of Project
water under such terms as the Secretary determines will benefit
the interest of Project users along the Colorado River.’’.
SEC. 204. Funds under this title for Drought Emergency Assist-
ance shall be made available primarily for leasing of water for
specified drought related purposes from willing lessors, in compli-
ance with existing State laws and administered under State water
priority allocation. Such leases may be entered into with an option
to purchase: Provided, That such purchase is approved by the
State in which the purchase takes place and the purchase does
not cause economic harm within the State in which the purchase
is made.
SEC. 205. The Secretary of the Interior, acting through the
Commissioner of the Bureau of Reclamation, is authorized to enter
into grants, cooperative agreements, and other agreements with
irrigation or water districts and States to fund up to 50 percent
Grants.
Contracts.
100 Stat. 3665.
100 Stat. 3665.
Contracts.
New Mexico.
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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 supply 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-reimbursable
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 further, That the cost of operating and maintaining such
improvements shall be the responsibility of the non-Federal entity:
Provided further, That this section shall not supercede any existing
project-specific funding authority: Provided further, That the Sec-
retary is also authorized to enter into grants or cooperative agree-
ments with universities or non-profit research institutions to fund
water use efficiency research.
SEC. 206. WATER DESALINATION ACT.—Section 8 of Public Law
104–298 (The Water Desalination Act of 1996) (110 Stat. 3624)
as amended by section 210 of Public Law 108–7 (117 Stat. 146)
and by section 6015 of Public Law 109–13 is amended by—
(1) in paragraph (a) by striking ‘‘2005’’ and inserting in
lieu thereof ‘‘2006’’; and
(2) in paragraph (b) by striking ‘‘2005’’ and inserting in
lieu thereof ‘‘2006’’.
SEC. 207. Section 17(b) of the Colorado Ute Indian Water Rights
Settlement Act of 1988 as amended (Public Law 100–585, 102
Stat. 2973; Public Law 106–554, 114 Stat. 2763A–266) is amended
by striking ‘‘within 7 years’’ and all that follows through ‘‘following
the date of enactment of this section’’ and inserting ‘‘for each of
fiscal years 2006 through 2012’’.
SEC. 208. (a)(1) Using amounts made available under section
2507 of the Farm and Security Rural Investment Act of 2002
(43 U.S.C. 2211 note; Public Law 107–171), the Secretary shall
provide not more than $70,000,000 to the University of Nevada—
(A) to acquire from willing sellers land, water appurtenant
to the land, and related interests in the Walker River Basin,
Nevada; and
(B) to establish and administer an agricultural and natural
resources center, the mission of which shall be to undertake
research, restoration, and educational activities in the Walker
River Basin relating to—
(i) innovative agricultural water conservation;
(ii) cooperative programs for environmental restoration;
(iii) fish and wildlife habitat restoration; and
(iv) wild horse and burro research and adoption mar-
keting.
(2) In acquiring interests under paragraph (1)(A), the University
of Nevada shall make acquisitions that the University determines
are the most beneficial to—
(A) the establishment and operation of the agricultural
and natural resources research center authorized under para-
graph (1)(B); and
(B) environmental restoration in the Walker River Basin.
42 USC 10301
note.
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(b)(1) Using amounts made available under section 2507 of
the Farm and Security Rural Investment Act of 2002 (43 U.S.C.
2211 note; Public Law 107–171), the Secretary shall provide not
more than $10,000,000 for a water lease and purchase program
for the Walker River Paiute Tribe.
(2) Water acquired under paragraph (1) shall be—
(A) acquired only from willing sellers;
(B) designed to maximize water conveyances to Walker
Lake; and
(C) located only within the Walker River Paiute Indian
Reservation.
(c) Using amounts made available under section 2507 of the
Farm and Security Rural Investment Act of 2002 (43 U.S.C. 2211
note; Public Law 107–171), the Secretary, acting through the
Commissioner of Reclamation, shall provide—
(1) $10,000,000 for tamarisk eradication, riparian area res-
toration, and channel restoration efforts within the Walker
River Basin that are designed to enhance water delivery to
Walker Lake, with priority given to activities that are expected
to result in the greatest increased water flows to Walker Lake;
and
(2) $5,000,000 to the United States Fish and Wildlife
Service, the Walker River Paiute Tribe, and the Nevada Divi-
sion of Wildlife to undertake activities, to be coordinated by
the Director of the United States Fish and Wildlife Service,
to complete the design and implementation of the Western
Inland Trout Initiative and Fishery Improvements in the State
of Nevada with an emphasis on the Walker River Basin.
(d) For each day after June 30, 2006, on which the Bureau
of Reclamation fails to comply with subsections (a), (b), and (c),
the total amount made available for salaries and expenses of the
Bureau of Reclamation shall be reduced by $100,000 per day.
SEC. 209. (a) The Secretary of the Interior is authorized to
complete a special report to update the analysis of costs and associ-
ated benefits of the Auburn-Folsom South Unit, Central Valley
Project, California authorized under Federal reclamation laws and
the Act of September 2, 1965, Public Law 89–161, 79 Stat. 615
in order to—
(1) identify those project features that are still relevant;
(2) identify changes in benefit values from previous anal-
yses and update to current levels;
(3) identify design standard changes from the 1978 Rec-
lamation design which require updated project engineering;
(4) assess risks and uncertainties associated with the 1978
Reclamation design;
(5) update design and reconnaissance-level cost estimate
for features identified under paragraph (1); and
(6) perform other analyses that the Secretary deems appro-
priate to assist in the determination of whether a full feasibility
study is warranted.
(b) There are authorized to be appropriated $1,000,000 to carry
out this section. The cost of completing this update shall be non-
reimbursable.
Reports.
Effective date.
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TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY SUPPLY AND CONSERVATION
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for energy supply and energy conservation
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition
or condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion, $1,830,936,000,
to remain available until expended.
CLEAN COAL TECHNOLOGY
(DEFERRAL AND RESCISSION)
Of the funds made available under this heading for obligation
in prior years, $257,000,000 shall not be available until October
1, 2006: Provided, That funds made available in previous appropria-
tions 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 $20,000,000 of uncommitted bal-
ances is rescinded.
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
For necessary expenses in carrying out fossil energy research
and development activities, under the authority of the Department
of Energy Organization Act (Public Law 95–91), including the
acquisition of interest, including defeasible and equitable interests
in any real property or any facility or for plant or facility acquisition
or expansion, the hire of passenger motor vehicles, the hire, mainte-
nance, and operation of aircraft, the purchase, repair, and cleaning
of uniforms, the reimbursement to the General Services Administra-
tion for security guard services, and for conducting inquiries, techno-
logical investigations and research concerning the extraction, proc-
essing, use, and disposal of mineral substances without objection-
able social and environmental costs (30 U.S.C. 3, 1602, and 1603),
$597,994,000, to remain available until expended, of which
$18,000,000 is to continue a multi-year project coordinated with
the private sector for FutureGen, without regard to the terms
and conditions applicable to clean coal technological projects: Pro-
vided, That the initial planning and research stages of the
FutureGen project shall include a matching requirement from non-
Federal sources of at least 20 percent of the costs: Provided further,
That any demonstration component of such project shall require
a matching requirement from non-Federal sources of at least 50
percent of the costs of the component: Provided further, That of
the amounts provided, $50,000,000 is available, after coordination
with the private sector, for a request for proposals for a Clean
Coal Power Initiative providing for competitively-awarded research,
development, and demonstration projects to reduce the barriers
to continued and expanded coal use: Provided further, That no
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project may be selected for which sufficient funding is not available
to provide for the total project: Provided further, That funds shall
be expended in accordance with the provisions governing the use
of funds contained under the heading ‘‘Clean Coal Technology’’
in 42 U.S.C. 5903d as well as those contained under the heading
‘‘Clean Coal Technology’’ in prior appropriations: Provided further,
That the Department may include provisions for repayment of
Government contributions to individual projects in an amount up
to the Government contribution to the project on terms and condi-
tions that are acceptable to the Department including repayments
from sale and licensing of technologies from both domestic and
foreign transactions: Provided further, That such repayments shall
be retained by the Department for future coal-related research,
development and demonstration projects: Provided further, That
any technology selected under this program shall be considered
a Clean Coal Technology, and any project selected under this pro-
gram shall be considered a Clean Coal Technology Project, for
the purposes of 42 U.S.C. 7651n, and chapters 51, 52, and 60
of title 40 of the Code of Federal Regulations: Provided further,
That no part of the sum herein made available shall be used
for the field testing of nuclear explosives in the recovery of oil
and gas: Provided further, That 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 account: Provided further, That for fiscal year 2006 salaries
for Federal employees performing research and development activi-
ties at the National Energy Technology Laboratory can continue
to be funded from program accounts: Provided further, That the
Secretary of Energy is authorized to accept fees and contributions
from public and private sources, to be deposited in a contributed
funds account, and prosecute projects using such fees and contribu-
tions in cooperation with other Federal, State, or private agencies
or concerns: Provided further, That revenues and other moneys
received by or for the account of the Department of Energy or
otherwise generated by sale of products in connection with projects
of the Department appropriated under the Fossil Energy Research
and Development account may be retained by the Secretary of
Energy, to be available until expended, and used only for plant
construction, operation, costs, and 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 passenger motor
vehicles, $21,500,000, 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.
ELK HILLS SCHOOL LANDS FUND
For necessary expenses in fulfilling installment payments under
the Settlement Agreement entered into by the United States and
the State of California on October 11, 1996, as authorized by section
3415 of Public Law 104–106, $48,000,000, for payment to the State
of California for the State Teachers’ Retirement Fund, of which
$46,000,000 will be derived from the Elk Hills School Lands Fund.
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STRATEGIC PETROLEUM RESERVE
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities
pursuant to the Energy Policy and Conservation Act of 1975, as
amended (42 U.S.C. 6201 et seq.), including the hire of passenger
motor vehicles, the hire, maintenance, and operation of aircraft,
the purchase, repair, and cleaning of uniforms, the reimbursement
to the General Services Administration for security guard services,
$166,000,000, to remain available until expended.
ENERGY INFORMATION ADMINISTRATION
For necessary expenses in carrying out the activities of the
Energy Information Administration, $86,176,000, to remain avail-
able until expended.
NON-DEFENSE ENVIRONMENTAL CLEANUP
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for non-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 six passenger motor vehicles, of which five shall
be for replacement only, $353,219,000, to remain available until
expended.
URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING
FUND
For necessary expenses in carrying out uranium enrichment
facility decontamination and decommissioning, remedial actions,
and other activities of title II of the Atomic Energy Act of 1954,
as amended, and title X, subtitle A, of the Energy Policy Act
of 1992, $562,228,000, 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
For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment, and
other expenses necessary for science activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any
real property or facility or for plant or facility acquisition, construc-
tion, or expansion, and purchase of not to exceed forty-seven pas-
senger motor vehicles for replacement only, including not to exceed
one ambulance and two buses, $3,632,718,000, to remain available
until expended.
NUCLEAR WASTE DISPOSAL
For nuclear waste disposal activities to carry out the purposes
of the Nuclear Waste Policy Act of 1982, Public Law 97–425, as
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amended (the ‘‘Act’’), including the acquisition of real property
or facility construction or expansion, $150,000,000, to remain avail-
able until expended, of which $100,000,000 shall be derived from
the Nuclear Waste Fund: Provided, That of the funds made avail-
able in this Act for Nuclear Waste Disposal, $2,000,000 shall be
provided to the State of Nevada solely for expenditures, other
than salaries and expenses of State employees, to conduct scientific
oversight responsibilities and participate in licensing activities
pursuant to the Act: Provided 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, Public Law 97–
425, as amended, not less than $500,000 shall be provided to
Nye County, Nevada, for on-site oversight activities under section
117(d) of that Act: Provided further, That $7,500,000 shall be pro-
vided to affected units of local government, as defined in the Act,
to conduct appropriate activities and participate in licensing activi-
ties: Provided further, That 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 govern-
ment in Nevada for distribution as determined by the Nevada
units of local government: Provided further, That notwithstanding
the provisions of chapters 65 and 75 of title 31, the Department
shall have no monitoring, auditing or other oversight rights or
responsibilities over amounts provided to affected units of local
government under this heading: Provided further, That the funds
for the State of Nevada shall be made available solely to the
Nevada Division of Emergency Management by direct payment
and units of local government by direct payment: Provided further,
That within 90 days of the completion of each Federal fiscal year,
the Nevada Division of Emergency Management and the Governor
of the State of Nevada 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 provide such certification shall cause such
entity to be prohibited from any further funding provided for similar
activities: Provided further, That none of the funds herein appro-
priated may be: (1) used directly or indirectly to influence legislative
action on any matter pending before Congress or a State legislature
or for lobbying activity as provided in 18 U.S.C. 1913; (2) used
for litigation expenses; or (3) used to support multi-State efforts
or other coalition building activities inconsistent with the restric-
tions contained in this Act: Provided further, That all proceeds
and recoveries realized by the Secretary in carrying out activities
authorized by the Act, including but not limited to, any proceeds
from the sale of assets, shall be available without further appropria-
tion and shall remain available until expended: Provided further,
That no funds provided in this Act may be used to pursue repayment
or collection of funds 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.
DEPARTMENTAL ADMINISTRATION
For salaries and expenses of the Department of Energy nec-
essary for departmental administration in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
Lobbying.
Deadline.
Certification.
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et seq.), including the hire of passenger motor vehicles and official
reception and representation expenses not to exceed $35,000,
$252,817,000, to remain available until expended, plus such addi-
tional 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 available until expended:
Provided further, That moneys received by the Department for
miscellaneous revenues estimated to total $123,000,000 in fiscal
year 2006 may be retained and used for operating expenses within
this account, and may remain available until expended, as author-
ized 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 miscellaneous reve-
nues received during 2006, and any related appropriated receipt
account balances remaining from prior years’ miscellaneous reve-
nues, so as to result in a final fiscal year 2006 appropriation
from the general fund estimated at not more than $129,817,000:
Provided further, That not later than 90 days after the date of
the enactment of this Act, the Secretary of Energy shall submit
to the Committee on Appropriations of the Senate and the Com-
mittee on Appropriations of the House of Representatives a report,
in unclassified form but with a classified appendix if necessary,
on the Department of Energy’s plan to bring security for Building
3019 at the Oak Ridge National Laboratory, Oak Ridge, Tennessee,
into full compliance with the Department’s Design Basis Threat
Policy: Provided further, That the report shall include—
(1) a detailed description of any element of the Depart-
ment’s Design Basis Threat Policy that is not to be fully
addressed throughout the remaining lifetime of Building 3019;
(2) a detailed description of the security implementation
plan, including security personnel, perimeter detection capa-
bility, response capabilities, use of security technology, and
methods of meeting physical standoff requirements;
(3) a schedule with specific dates describing the milestones
to achieve compliance with the Department’s Design Basis
Threat Policy;
(4) a security management plan signed by the Secretary
of Energy specifying the program secretarial offices responsible
for implementing and funding the security program, including
any incremental funding requirements to upgrade security
levels for the period during the material handling and proc-
essing activities leading to complete disposition of the stored
inventory of special nuclear material; and
(5) the justification for failing to fully comply with the
Design Basis Threat Policy, if the Secretary does not intend
to implement a security program at Building 3019 that fully
complies with the Department’s Design Basis Threat require-
ments for new, continuing operations.
OFFICE OF THE INSPECTOR GENERAL
For necessary expenses of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $42,000,000, to remain available until expended.
Deadline.
Reports.
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PUBLIC LAW 109–103—NOV. 19, 2005
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
WEAPONS ACTIVITIES
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other incidental expenses necessary for atomic energy defense
weapons activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion; and
the purchase of not to exceed 40 passenger motor vehicles, for
replacement only, including not to exceed two buses; $6,433,936,000,
to remain available until expended: Provided, That $81,350,000
is authorized to be appropriated for Project 01–D–124 HEU mate-
rials facility, Y–12 Plant, Oak Ridge, Tennessee: Provided further,
That $7,000,000 is authorized to be appropriated for Project 05–
D–140 Project engineering and design (PED), various locations.
DEFENSE NUCLEAR NONPROLIFERATION
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other incidental expenses necessary for atomic energy defense,
defense nuclear nonproliferation 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 condemnation of any
real property or any facility or for plant or facility acquisition,
construction, or expansion, $1,631,151,000, to remain available until
expended.
NAVAL REACTORS
For Department of Energy expenses necessary for naval reac-
tors activities to carry out the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant,
and 
capital 
equipment, 
facilities, 
and 
facility 
expansion,
$789,500,000, to remain available until expended.
OFFICE OF THE ADMINISTRATOR
For necessary expenses of the Office of the Administrator in
the National Nuclear Security Administration, including official
reception and representation expenses not to exceed $12,000,
$341,869,000, to remain available until expended.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
DEFENSE ENVIRONMENTAL CLEANUP
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for atomic energy defense environmental
cleanup activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
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the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion,
$6,192,371,000, to remain available until expended.
OTHER DEFENSE ACTIVITIES
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses, necessary for atomic energy defense, other defense
activities, and classified 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, construc-
tion, or expansion, and the purchase of not to exceed ten passenger
motor vehicles for replacement only, including not to exceed two
buses; $641,998,000, to remain available until expended.
DEFENSE NUCLEAR WASTE DISPOSAL
For nuclear waste disposal activities to carry out the purposes
of Public Law 97–425, as amended, including the acquisition of
real property or facility construction or expansion, $350,000,000,
to remain available until expended.
POWER MARKETING ADMINISTRATIONS
BONNEVILLE POWER ADMINISTRATION FUND
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93–454, are approved for official
reception and representation expenses in an amount not to exceed
$1,500. During fiscal year 2006, no new direct loan obligations
may be made.
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER
ADMINISTRATION
For necessary expenses of operation and maintenance of power
transmission facilities and of electric power and energy, including
transmission wheeling and ancillary services pursuant to section
5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, $5,600,000, to remain available
until expended: Provided, That, notwithstanding 31 U.S.C. 3302,
up to $32,713,000 collected by the Southeastern Power Administra-
tion pursuant to the Flood Control Act of 1944 to recover purchase
power and wheeling expenses shall be credited to this account
as offsetting collections, to remain available until expended for
the sole purpose of making purchase power and wheeling expendi-
tures.
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 reception and representation expenses in an
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amount not to exceed $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, $30,166,000, to remain available until
expended: Provided, That, notwithstanding 31 U.S.C. 3302, up to
$3,000,000 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 purchase 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. 7152), and
other related activities including conservation and renewable
resources programs as authorized, including official reception and
representation expenses in an amount not to exceed $1,500;
$233,992,000, to remain available until expended, of which
$229,596,000 shall be derived from the Department of the Interior
Reclamation Fund: Provided, That of the amount herein appro-
priated, $6,700,000 is for deposit into the Utah Reclamation Mitiga-
tion and Conservation Account pursuant to title IV of the Reclama-
tion Projects Authorization and Adjustment Act of 1992: Provided
further, That of the amount herein appropriated, $6,000,000 shall
be available until expended on a nonreimbursable basis to the
Western Area Power Administration for Topock-Davis-Mead Trans-
mission Line Upgrades: Provided further, That notwithstanding
the provision of 31 U.S.C. 3302, up to $279,000,000 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 credited
to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and
wheeling expenditures.
FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND
For operation, maintenance, and emergency costs for the hydro-
electric facilities at the Falcon and Amistad Dams, $2,692,000,
to remain available until expended, and to be derived from the
Falcon and Amistad Operating and Maintenance Fund of the
Western Area Power Administration, 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 Regulatory
Commission to carry out the provisions of the Department 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, $220,400,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, not to exceed
$220,400,000 of revenues from fees and annual charges, and other
42 USC 7171
note.
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services and collections in fiscal year 2006 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 2006 so as to result in a final
fiscal year 2006 appropriation from the general fund estimated
at not more than $0.
GENERAL PROVISIONS
DEPARTMENT OF ENERGY
SEC. 301. (a)(1) None of the funds in this or any other appropria-
tions Act for fiscal year 2006 or any previous fiscal year may
be used to make payments for a noncompetitive management and
operating contract unless the Secretary of Energy has published
in the Federal Register and submitted to the Committees on Appro-
priations of the House of Representatives and the Senate a written
notification, with respect to each such contract, of the Secretary’s
decision to use competitive procedures for the award of the contract,
or to not renew the contract, when the term of the contract expires.
(2) Paragraph (1) does not apply to an extension for up to
2 years of a noncompetitive management and operating contract,
if the extension is for purposes of allowing time to award competi-
tively a new contract, to provide continuity of service between
contracts, or to complete a contract that will not be renewed.
(b) In this section:
(1) The term ‘‘noncompetitive management and operating
contract’’ means a contract that was awarded more than 50
years ago without competition for the management and oper-
ation of Ames Laboratory, Argonne National Laboratory, Law-
rence Berkeley National Laboratory, Lawrence Livermore
National Laboratory, and Los Alamos National Laboratory.
(2) The term ‘‘competitive procedures’’ has the meaning
provided in section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403) and includes procedures described
in section 303 of the Federal Property and Administrative Serv-
ices Act of 1949 (41 U.S.C. 253) other than a procedure that
solicits a proposal from only one source.
(c) For all management and operating contracts other than
those listed in subsection (b)(1), none of the funds appropriated
by this Act may be used to award a management and operating
contract, or award a significant extension or expansion to an
existing management and operating contract, unless such contract
is awarded using competitive procedures or the Secretary of Energy
grants, on a case-by-case basis, a waiver to allow for such a devi-
ation. The Secretary may not delegate the authority to grant such
a waiver. At least 60 days before a contract award for which
the Secretary intends to grant such a waiver, the Secretary shall
submit to the Committees on Appropriations of the House of Rep-
resentatives and the Senate a report notifying the Committees
of the waiver and setting forth, in specificity, the substantive rea-
sons why the Secretary believes the requirement for competition
should be waived for this particular award.
SEC. 302. None of the funds appropriated by this Act may
be used to—
Deadline.
Reports.
Contracts.
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PUBLIC LAW 109–103—NOV. 19, 2005
(1) develop or implement a workforce restructuring plan
that covers employees of the Department of Energy; or
(2) provide enhanced severance payments or other benefits
for employees of the Department of Energy, under section 3161
of the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102–484; 42 U.S.C. 7274h).
SEC. 303. None of the funds appropriated by this Act may
be used to augment the funds made available for obligation by
this Act for severance payments and other benefits and community
assistance grants under section 3161 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102–484; 42
U.S.C. 7274h) unless the Department of Energy submits a re-
programming request to the appropriate congressional committees.
SEC. 304. 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. 305. The unexpended balances of prior appropriations
provided for activities in this Act may be available to the same
appropriation accounts for such activities established pursuant to
this title. Available balances may be merged with funds in the
applicable established accounts and thereafter may be accounted
for as one fund for the same time period as originally enacted.
SEC. 306. 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 reimbursable basis, unless the Administrator
certifies in advance that such services are not available from private
sector businesses.
SEC. 307. When the Department of Energy makes a user facility
available to universities or other potential users, or seeks input
from universities or other potential users regarding significant
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 competition 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 Programs Tech-
nology Deployment Center/User Facility; and (3) any other Depart-
mental facility designated by the Department as a user facility.
SEC. 308. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress
for purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 414) during fiscal year 2006 until the enactment of
the Intelligence Authorization Act for fiscal year 2006.
SEC. 309. None of the funds in this Act may be used to dispose
of transuranic waste in the Waste Isolation Pilot Plant which con-
tains concentrations of plutonium in excess of 20 percent by weight
for the aggregate of any material category on the date of enactment
of this Act, or is generated after such date. For the purpose of
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this section, the material categories of transuranic waste from the
Rocky Flats Environmental Technology Site include: (1) ash resi-
dues; (2) salt residue; (3) wet residues; (4) direct repackage residues;
and (5) scrub alloy as referenced in the ‘‘Final Environmental
Impact Statement on Management of Certain Plutonium Residues
and Scrub Alloy Stored at the Rocky Flats Environmental Tech-
nology Site’’.
SEC. 310. RENO HYDROGEN FUEL PROJECT FUNDING.—(a) The
non-Federal share of project costs shall be 20 percent.
(b) The cost of project vehicles, related facilities, and other
activities funded from the Federal Transit Administration Sections
5307, 5308, 5309, and 5314 program, including the non-Federal
share for the FTA funds, is an eligible component of the non-
Federal share for this project.
(c) Contribution of the non-Federal share of project costs for
all grants made for this project may be deferred until the entire
project is completed.
(d) All operations and maintenance costs associated with
vehicles, equipment, and facilities utilized for this project are
eligible project costs.
(e) This section applies to project appropriations beginning
in fiscal year 2004.
SEC. 311. LABORATORY DIRECTED RESEARCH
AND DEVELOP-
MENT.—Of the funds made available by the Department of Energy
for activities at government-owned, contractor-operator operated
laboratories funded in this Act or subsequent Energy and Water
Development Appropriations Acts, the Secretary may authorize a
specific amount, not to exceed 8 percent of such funds, to be used
by such laboratories for laboratory-directed research and develop-
ment: Provided, That the Secretary may also authorize a specific
amount not to exceed 3 percent of such funds, to be used by
the plant manager of a covered nuclear weapons production plant
or the manager of the Nevada Site Office for plant or site-directed
research and development: Provided further, That notwithstanding
Department of Energy order 413.2A, dated January 8, 2001, begin-
ning in fiscal year 2006 and thereafter, all DOE laboratories may
be eligible for laboratory directed research and development
funding.
SEC. 312. Of amounts appropriated to the Secretary of Energy
for the Rocky Flats Environmental Technology Site for fiscal year
2006, the Secretary may provide, subject to authorization, up to
$10,000,000 for the purchase of mineral rights at the Rocky Flats
Environmental Technology Site.
SEC. 313. Section 4306 of the Atomic Energy Defense Act (50
U.S.C. 2566) is amended—
(1) in subsection (a)—
(A) in paragraph (2)(A), by striking ‘‘2009’’ each place
it appears and inserting ‘‘2012’’; and
(B) in paragraph (3)—
(i) in subparagraph (B)(ii), by striking ‘‘2009’’ and
inserting ‘‘2012’’; and
(ii) in subparagraph (C), by striking ‘‘2009’’ and
inserting ‘‘2012’’;
(2) in subsection (b)—
(A) in paragraph (1)—
(i) by striking ‘‘(a)(2)’’ and inserting ‘‘(g)’’; and
(ii) by striking ‘‘2009’’ and inserting ‘‘2012’’;
50 USC 2791a.
Applicability.
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(B) in paragraph (4), by striking ‘‘2009’’ each place
it appears and inserting ‘‘2012’’; and
(C) in paragraph (5), by striking ‘‘2009’’ and inserting
‘‘2012’’;
(3) in subsection (c)—
(A) in the matter preceding paragraph (1), by striking
‘‘2009’’ and inserting ‘‘2012’’;
(B) in paragraph (1), by striking ‘‘2011’’ and inserting
‘‘2014’’; and
(C) in paragraph (2), by striking ‘‘2017’’ each place
it appears and inserting ‘‘2020’’;
(4) in subsection (d)—
(A) in paragraph (1)—
(i) by striking ‘‘2011’’ and inserting ‘‘2014’’;
(ii) by striking ‘‘from funds available to the Sec-
retary’’ and inserting ‘‘subject to the availability of
appropriations’’; and
(iii) by striking ‘‘2016’’ and inserting ‘‘2019’’; and
(B) in paragraph (2)(A), by striking ‘‘2017’’ each place
it appears and inserting ‘‘2020’’;
(5) in subsection (e), by striking ‘‘2020’’ and inserting
‘‘2023’’;
(6) by redesignating subsection (g) as subsection (h); and
(7) by inserting after subsection (f) the following:
‘‘(g) BASELINE.—Not later than December 31, 2006, the Sec-
retary shall submit to Congress a report on the construction and
operation of the MOX facility that includes a schedule for revising
the requirements of this section during fiscal year 2007 to conform
with the schedule established by the Secretary for the MOX facility,
which shall be based on estimated funding levels for the fiscal
year.’’.
SEC. 314. SALES
OF URANIUM.—(a) IN GENERAL.—Notwith-
standing any other provision of Federal law, including section 3112
of the USEC Privatization Act (42 U.S.C. 2297h–2) and section
3302 of title 31, United States Code, the Secretary of Energy is
authorized to barter, transfer or sell uranium (including natural
uranium concentrates, natural uranium hexafluoride, or in any
form or assay) and to use any proceeds, without fiscal year limita-
tion, to remediate uranium inventories held by the Secretary.
(b) ADDITIONAL REQUIREMENTS.—Any barter, transfer or sale
of uranium under subsection (a) shall to the extent possible, be
competitive and comply with all applicable Federal procurement
laws (including regulations); and shall not exceed 10 percent of
the total annual fuel requirements of all licensed nuclear power
plants located in the United States for uranium concentrates, ura-
nium conversion, or uranium enrichment.
SEC. 315. Section 130 of division H (Miscellaneous Appropria-
tions and Offsets) of the Consolidated Appropriations Act, 2004,
Public Law 108–199, is hereby amended by striking ‘‘is provided
for the Coralville, Iowa, project’’ and all that follows and inserting:
‘‘is provided for the Iowa Environmental and Education project
to be located in Iowa. No further funds may be disbursed by the
Department of Energy until a one hundred percent non-Federal
cash and in-kind match of the appropriated Federal funds has
been secured for the project by the non-Federal project sponsor:
Provided, That the match shall exclude land donations: Provided
further, That if the match is not secured by the non-Federal project
Expiration date.
118 Stat. 441.
Deadline.
Reports.
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PUBLIC LAW 109–103—NOV. 19, 2005
sponsor by December 1, 2007, the remaining Federal funds shall
cease to be available for the Iowa Environmental and Education
project.’’.
TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, as amended,
for necessary expenses for the Federal Co-Chairman and the alter-
nate on the Appalachian Regional Commission, for payment of
the Federal share of the administrative expenses of the Commission,
including services as authorized by 5 U.S.C. 3109, and hire of
passenger motor vehicles, $65,472,000, to remain available until
expended.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SALARIES AND EXPENSES
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy
Act of 1954, as amended by Public Law 100–456, section 1441,
$22,032,000, to remain available until expended.
DELTA REGIONAL AUTHORITY
SALARIES AND EXPENSES
For necessary expenses of the Delta Regional Authority and
to carry out its activities, as authorized by the Delta Regional
Authority Act of 2000, as amended, notwithstanding sections
382C(b)(2), 382F(d), and 382M(b) of said Act, $12,000,000, to remain
available until expended.
DENALI COMMISSION
For expenses of the Denali Commission including the purchase,
construction and acquisition of plant and capital equipment as
necessary and other expenses, $50,000,000, to remain available
until expended, nothwithstanding the limitations contained in sec-
tion 306(g) of the Denali Commission Act of 1998.
NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974, as amended,
and the Atomic Energy Act of 1954, as amended, including official
representation expenses (not to exceed $15,000), purchase of pro-
motional items for use in the recruitment of individuals for employ-
ment, $734,376,000, to remain available until expended: Provided,
That of the amount appropriated herein, $46,118,000 shall be
derived from the Nuclear Waste Fund: Provided further, That reve-
nues from licensing fees, inspection services, and other services
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and collections estimated at $617,182,000 in fiscal year 2006 shall
be retained and used for necessary salaries and expenses in this
account, notwithstanding 31 U.S.C. 3302, and shall remain avail-
able until expended: Provided further, That the sum herein appro-
priated shall be reduced by the amount of revenues received during
fiscal year 2006 so as to result in a final fiscal year 2006 appropria-
tion estimated at not more than $117,194,000: Provided further,
That section 6101 of the Omnibus Budget Reconciliation Act of
1990 is amended by inserting before the period in subsection
(c)(2)(B)(v) the words ‘‘and fiscal year 2006’’.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, $8,316,000, to remain available until expended: Pro-
vided, That revenues from licensing fees, inspection services, and
other services and collections estimated at $7,485,000 in fiscal
year 2006 shall be retained and be available until expended, for
necessary salaries and expenses in this account, notwithstanding
31 U.S.C. 3302: Provided further, That the sum herein appropriated
shall be reduced by the amount of revenues received during fiscal
year 2006 so as to result in a final fiscal year 2006 appropriation
estimated at not more than $831,000.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
SALARIES AND EXPENSES
For necessary expenses of the Nuclear Waste Technical Review
Board, as authorized by Public Law 100–203, section 5051,
$3,608,000, to be derived from the Nuclear Waste Fund, and to
remain available until expended.
TITLE V
GENERAL PROVISIONS
SEC. 501. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
SEC. 502. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in this Act or any other appropria-
tion Act.
42 USC 2214.
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119 STAT. 2284
PUBLIC LAW 109–103—NOV. 19, 2005
LEGISLATIVE HISTORY—H.R. 2419:
HOUSE REPORTS: Nos. 109–86 (Comm. on Appropriations) and 109–275 
(Comm. of Conference).
SENATE REPORTS: No. 109–84 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 151 (2005):
May 24, considered and passed House.
June 30, considered and passed Senate, amended.
Nov. 9, House agreed to conference report.
Nov. 14, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):
Nov. 19, Presidential statement.
This Act may be cited as the ‘‘Energy and Water Development
Appropriations Act, 2006’’.
Approved November 19, 2005.
VerDate 14-DEC-2004
13:51 Oct 26, 2006
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