Energy and Water Development Appropriations Act, 2007 - Title I: Department of Defense - Civil - Department of the Army - Makes FY2007 appropriations for: (1) the U.S. Army Corps of Engineers (civil functions of the Department of the Army pertaining to rivers and harbors, flood control, shore protection, storm damage reduction and aquatic ecosystem restoration); (2) general investigations (collection and study of basic information pertaining to rivers and harbors, flood control, shore protection, storm damage reduction, and related projects); (3) construction (river and harbor, flood control, shore protection, storm damage reduction, and related projects); (4) flood damage reduction for the Mississippi River alluvial valley below Cape Girardeau, Missouri; (5) operation and maintenance of existing river and harbor, flood and storm damage reduction, aquatic ecosystem restoration, and related projects; (6) administration of laws pertaining to regulation of navigable waters and wetlands; (7) clean up of contamination at U.S. sites resulting from work performed as part of the Nation's early atomic energy program; (8) flood control and coastal emergency support operations; (9) formerly utilized sites remedial action; and (10) general administration and related civil works functions in the headquarters of the Corps, the offices of the Division Engineers, the Humphreys Engineer Center Support Activity, the Institute for Water Resources, the U.S. Army Engineer Research and Development Center, and the U.S. Corps of Engineers Finance Center.
States that no funds have been provided for the Office of Assistant Secretary of the Army (Civil Works).
(Sec. 101) Denies the availability of funds through reprogramming for certain purposes, with specified exceptions under the Continuing Authorities Program.
(Sec. 102) Sets limitations upon agreements proposed for execution after the enactment of this Act by either the Assistant Secretary of the Army for Civil Works or the U.S. Army Corps of Engineers.
(Sec. 103) Prohibits use of appropriations for the following activities: (1) demonstration or implementation of any plans divesting or transferring any Civil Works missions, functions, or responsibilities of the U.S. Army Corps of Engineers to other government agencies without specific direction in a subsequent Act of Congress; (2) closure or removal of the St. Georges Bridge across the Intracoastal Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland; or (3) any water reallocation project or component under the Wolf Creek Project, Lake Cumberland, Kentucky.
(Sec. 107) Authorizes the Secretary of the Army to: (1) construct the flood control project at Milton, West Virginia, substantially in accordance with the draft report of the Corps of Engineers dated April 2006; (2) construct a new Environmental Laboratory and improvements to the Information Technology Laboratory at the Engineer Research and Development Center in Vicksburg, Mississippi; and (3) enter into cooperative agreements with any Indian Tribe whose lands are located in New Mexico and occupied by a flood control project owned and operated by the Corps of Engineers, to assist in carrying out associated Operation and Maintenance activities.
(Sec. 110) Instructs the Secretary of the Army to credit toward the nonfederal share of the cost of the Rio Grande Basin Watershed Study, New Mexico, Colorado, and Texas, the cost of in-kind services contributed by the New Mexico Interstate Stream Commission, up to the full amount of the required non-federal share.
(Sec. 111) Amends the Energy and Water Development Appropriations Act, 2006 to replace the Secretary of the Army's authority to carry out and fund projects to comply with the 2003 Biological Opinion with authority to carry out and fund planning studies, watershed surveys and assessments, or technical studies at 100% federal expense to accomplish the purposes of the 2003 Biological Opinion. Authorizes the Secretary also to provide to the Middle Rio Grande Endangered Species Collaborative Program planning and administrative assistance, which shall not be subject to cost sharing requirements with nonfederal interests.
(Sec. 112) Declares that nothing in this or any other Act shall be construed to require a specific deadline for implementation of specified water control management regulations concerning: (1) necessary actions to keep approved water control plans up-to-date; or (2) clear documentation in appropriate water control manuals of water control plans for specific projects and reservoir systems.
(Sec. 113) Authorizes the construction or carrying out of flood damage reduction projects for: (1) Rio de Flag, Flagstaff, Arizona; (2) the Santa Ana River Mainstem, including Santiago Creek, California; and (3) the Upper Guadalupe River, California.
(Sec. 114) Amends the Water Resources Development Act of 1999 to increase the authorization of appropriations for research and development activities for innovative methods and technologies for improving the survival of salmon, especially those in the Columbia/Snake River Basin.
(Sec. 117) Instructs the Secretary of the Army, acting through the Chief of Engineers, to convey, at no cost, to Tate County School District, Tate County, Mississippi, any real property interests, not to exceed 50 acres, at Arkabutla Lake deemed available by the Army and located adjacent to school district property in the vicinity of State Highway 306 west of Coldwater, Mississippi.
(Sec. 118) Amends the Water Resources Development Act of 1992 to authorize funds for wastewater infrastructure, Clark County, Nevada, and Henderson, Nevada.
(Sec. 119) Amends the Energy and Water Development Appropriations Act, 2003 to provide funds for a municipal water supply system for Devils Lake, North Dakota.
Amends the Water Resources Development Act of 1999 to prescribe implementation requirements for the system.
Authorizes appropriations.
(Sec. 120) Instructs the Secretary of the Army, acting through the Chief of Engineers, to: (1) utilize fully the federal dredging fleet in support of all Army Corps of Engineers missions; (2) maintain such fleet to technologically modern and efficient standards; and (3) utilize amounts from the revolving fund to undertake expeditiously necessary health and safety improvements to the dredge McFarland.
(Sec. 123) Authorizes the Secretary of the Army to use funds appropriated under the Missouri River Recovery and Mitigation Program to assist the design and construction of facilities of the Bureau of Reclamation's Lower Yellowstone Project near Intake, Montana, for ecosystem restoration.
(Sec. 124) Limits the Corps of Engineers' share of the total cost for certain water projects and activities authorized for modification.
(Sec. 125) Amends the Energy and Water Development Appropriations Act, 2006 to repeal: (1) the applicability of specified requirements regarding the use of continuing contracts only to projects funded under certain accounts for Flood Control, Mississippi River and Tributaries; and (2) the prohibition against the use of funds under such Act to award or make modifications to continuing contracts that commit funds for a project in excess of the amounts appropriated.
(Sec. 126) Amends the Water Resources Development Act of 1996 to: (1) extend from seven to 12 years the national shoreline erosion control development and demonstration program; and (2) increase the authorization of appropriations.
(Sec. 127) Requires that: (1) all budget documents and justification materials for the Corps of Engineers annual budget submission to Congress be assembled and presented based on the most recent annual appropriations Act; but (2) new budget proposals for FY2008 not be integrated into the budget justifications, but submitted separately to Congress.
(Sec. 128) Permits the Nature Conservancy to act as the nonfederal interest for purposes of carrying out the work detailed in the agreement executed between The Nature Conservancy and the Department of the Army on August 5, 2005, for the Connecticut River Watershed Study, New Hampshire, Connecticut, Massachusetts, and Vermont.
(Sec. 129) Amends the Flood Control Act of 1968 to increase the maximum annual federal reimbursement to state or political subdivisions for work performed at water resources development projects authorized for construction under the Secretary of the Army.
(Sec. 130) Modifies the project for flood damage reduction, environmental restoration, and recreation, Johnson Creek, Arlington, Texas, to authorize the Secretary to construct the project substantially in accordance with the report entitled Johnson Creek: A Vision of Conservation, dated March 30, 2006, at a total cost of $80 million, with an estimated federal cost of $52 million and an estimated nonfederal cost of $28 million (cash, in-kind services, or materials), if the Secretary determines that the project is technically sound and environmentally acceptable.
(Sec. 131) Amends the Water Resources Development Act of 1990 to increase the total cost, and 100% first federal cost, of the navigation project at the McAlpine Lock and Dam, Indiana and Kentucky.
(Sec. 132) Authorizes the secretary of a military department, during 2006, to waive certain limitations on total compensation of an employee who performs work in connection with an emergency that involves a direct threat to life or property, including work performed in the aftermath of such an emergency.
(Sec. 133) Directs the Secretary to reimburse local governments for expenses incurred in storm-proofing pumping stations, constructing safe houses for operators, and other interim flood control measures in and around the New Orleans metropolitan area.
(Sec. 134) Amends the Water Resources Development Act of 1996 regarding authorizations for the San Lorenzo River, California, flood control project to instruct the Secretary to credit toward the nonfederal share of the project the costs expended by nonfederal interests for the replacement and reconstruction of the Soquel Avenue Bridge, if integral to the project.
(Sec. 135) Amends the Water Resources Development Act of 1999 to extend until federal FY2015 authorization of appropriations for the Missouri and Middle Mississippi Rivers Enhancement Project.
Title II: Department of the Interior - Makes FY2007 appropriations for: (1) activities authorized by the Central Utah Project Completion Act; (2) the Bureau of Reclamation; (3) management, development, and restoration of water and related natural resources and related activities; (4) programs, plans, habitat restoration, and acquisition under the Central Valley Project Restoration Fund; (5) federal share of the costs of the CALFED Program management; (6) California Bay-Delta Restoration; and (7) policy and administration in the Office of the Commissioner of the Bureau of Reclamation.
(Sec. 201) Prohibits the use of appropriated funds to determine the final point of discharge for the interceptor drain for the San Luis Unit until development of a plan by the Secretary of the Interior and the State of California to minimize any detrimental effect of the San Luis drainage waters. Classifies costs of the Kesterson Reservoir Cleanup Program and the San Joaquin Valley Drainage Program as reimbursable or nonreimbursable and collected until fully repaid. Makes any future obligations by the United States relating to drainage for the Unit fully reimbursable by Unit beneficiaries pursuant to federal reclamation law.
(Sec. 202) Prohibits the use of appropriated funds 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 such purchase or lease is in compliance with specified requirements.
(Sec. 203) States that funds under this Act for Drought Emergency Assistance shall be made available primarily for leasing of water for specified drought related purposes from willing lessors, in compliance with existing state laws and administered under state water priority allocation.
(Sec. 204) Prescribes conditions under which the Secretary, acting through the Commissioner of the Bureau of Reclamation, is authorized to enter into agreements and grants with irrigation or water districts and states to fund up to 50% 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 specified states.
(Sec. 205) Amends the Energy and Water Development Appropriations Act, 2004 to repeal the requirement that the Secretary, acting through the Commissioner of the Bureau of Reclamation and the Director of the Fish and Wildlife Service, establish an executive committee for the Endangered Species Act Collaborative Program Workgroup.
Directs the Secretary to establish an Executive Committee of the Middle Rio Grande Endangered Species Collaborative Program. Authorizes the Secretary to enter into grants, contracts, or agreements necessary to comply with the 2003 Biological Opinion.
(Sec. 206) Instructs the Secretary to: (1) continue to participate in implementation of the Project at Las Vegas Wash and Lake Mead; (2) use specified funds for grants to the state of Nevada, the state of California, the Federal Watermaster, the Truckee Meadows Water Authority, and the Pyramid Lake Paiute Tribe to implement the Truckee River Settlement Act with respect to restoration of fish, wildlife, and associated habitats in watersheds of certain lakes; and (3) implement the All American Canal Lining Project identified as the preferred alternative in a certain Record of Decision.
Title III: Department of Energy - Makes FY2007 appropriations to the Department of Energy (DOE) for expenses necessary for energy supply and conservation in carrying out the purposes of the Department of Energy Organization Act, including the acquisition or condemnation of real property and plant facility.
Rescinds and defers specified amounts previously designated for clean coal technology.
Makes FY2007 appropriations for: (1) fossil energy research and development; (2) naval petroleum and oil shale reserve activities, (3) Strategic Petroleum Reserve facility development and operations and program management; (4) Northeast Home Heating Oil Reserve storage, operation, and management; (5) the Energy Information Administration; (6) non-defense environmental cleanup; (7) uranium enrichment facility decontamination and decommissioning and remedial actions; (8) science activities; and (9) nuclear waste disposal, including specified funds designated for the State of Nevada.
Makes FY2007 appropriations for: (1) salaries and expenses for departmental administration; (2) the Office of Inspector General; (3) atomic energy defense weapons activities; (4) atomic energy defense nuclear nonproliferation activities; (5) naval reactors; (6) the Office of the Administrator in the National Nuclear Security Administration; (7) atomic energy defense environmental cleanup, including the Waste Treatment and Immobilization Plant at Hanford, Washington; and (8) nuclear waste disposal activities.
Makes FY2007 appropriations for: (1) certain fish hatcheries and other fishing enterprises from the Bonneville Power Administration Fund; and (2) operation and maintenance of power transmission facilities and marketing electric power and energy, subject to specified funding for the Southeastern, Southwestern, and Western Area Power Administrations.
Makes FY2007 appropriations for: (1) operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams; and (2) the Federal Energy Regulatory Commission.
(Sec. 301) Prohibits the use of appropriated funds to make payments for a "noncompetitive management and operating contract" (i.e., a contract awarded more than 50 years ago without competition for the management and operation of specified government laboratories) unless the Secretary of Energy has published in the Federal Register, and submitted to congressional Appropriations Committees, a written notification of the Secretary's decision to use competitive procedures for either the award or non-renewal of the contract, when its term expires.
Makes this prohibition inapplicable to an extension for up to two years of a noncompetitive management and operating contract, if the extension is to allow time to award competitively a new contract, to provide continuity of service between contracts, or to complete a contract that will not be renewed.
Prohibits the use of appropriated funds, for all management and operating contracts other than those listed above, to award a management and operating contract, or 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 a waiver (on a case-by-case basis) to allow for such a deviation.
(Sec. 302) Prohibits the use of appropriated funds to: (1) develop or implement a workforce restructuring plan that covers DOE employees; or (2) provide enhanced severance payments or other benefits for DOE employees under the National Defense Authorization Act for FY 1993 (NDAA).
(Sec. 303) Prohibits the use of appropriated funds to augment funds made available for obligation by this or any other appropriations Act for FY2007 or any previous fiscal year for severance payments and other benefits and community assistance grants under NDAA unless DOE submits a reprogramming request subject to approval by the appropriate congressional committees.
(Sec. 304) Prohibits the use of appropriated funds to prepare or initiate Requests For Proposals for a program that has not been funded by Congress.
(Sec. 305) Permits: (1) the transfer to appropriations accounts for certain activities in this Act of unexpended balances of prior appropriations for the same activities; and (2) merger of such transferred balances with funds in established accounts, which may be accounted for as one fund.
(Sec. 306) Prohibits the use of funds by the Administrator of the Bonneville Power Administration to enter into any agreement to perform energy efficiency services outside the legally defined Bonneville service territory, except for services provided internationally, unless the Administrator certifies in advance that such services are not available from private sector businesses.
(Sec. 307) Requires DOE to: (1) ensure broad public notice when it either makes a user facility available to universities, or seeks input from universities or other potential users regarding significant facility characteristics or equipment; and (2) employ full and open competition in selecting a partner when it considers university participation in the establishment or operation of such facility.
(Sec. 308) Deems any funds appropriated for intelligence activities to be specifically authorized by Congress for purposes of the National Security Act of 1947 during FY2007, until the enactment of the Intelligence Authorization Act for FY2007.
(Sec. 309) Authorizes specified funds for use by: (1) government-owned, contractor-operator operated laboratories for laboratory-directed research and development; and (2) 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.
(Sec. 310) Authorizes funds for the cost of guaranteed loans as authorized by the Energy Policy Act of 2005, derived from amounts received from certain borrowers pursuant to that Act.
(Sec. 311) Authorizes the Secretary of Energy to take title to spent fuel from civilian nuclear power reactors and to transport and store it at a site to evaluate the technical feasibility of advanced recycling technologies.
(Sec. 312) Directs the Administrators of the Southeastern Power Administration, the Southwestern Power Administration, and the Western Area Power Administration to use, for FY2007, the "yield" rate in computing interest during construction and interest on the unpaid balance of the costs of federal power facilities.
(Sec. 313) Requires the Secretary of Energy to assume title to and storage responsibility for high-level nuclear waste and spent nuclear fuel remaining at a civilian nuclear power reactor facility at the end of its useful life or after its permanent shutdown, until the waste or spent fuel is moved to another site.
Directs the Secretary to designate a Director of Consolidation and Preparation, who shall: (1) evaluate the feasibility and desirability of locating a consolidation and preparation facility within each state containing a civilian nuclear power reactor; and (2) make recommendations about methods to locate such a facility most efficiently and expeditiously.
Prescribes licensing and design requirements.
Authorizes appropriations.
States that the Secretary's statutory obligation to develop a repository provides sufficient and independent grounds for any further Nuclear Regulatory Commission (NRC) findings of reasonable assurance that spent nuclear fuel and high-level radioactive waste will be disposed of safely and timely for purposes of its decision to grant or amend any license to operate a civilian nuclear power reactor.
(Sec. 314) Directs the Secretary, for FY2007, to use specified funds provided by the Energy Policy Act of 2005 for nuclear medicine research within the Office of Science, Biological and Environmental Research program.
Title IV: Independent Agencies - Makes FY2007 appropriations to: (1) the Appalachian Regional Commission; (2) the Defense Nuclear Facilities Safety Board; (3) the Delta Regional Authority; (4) the Denali Commission; (5) the NRC; (6) the Office of Inspector General; and (7) the Nuclear Waste Technical Review Board.
(Sec. 402) Amends the Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999 to authorize appropriations to the Denali Commission through FY2011.
Title V: General Provisions - (Sec. 503) Declares that a legal nonconforming sign constructed in a commercial or industrial area damaged or destroyed as a result of a natural disaster after August 1, 2004, may be repaired, replaced, or reconstructed at the same location to its original height and size using like materials, if permitted by state law.
Prohibits the Secretary of Energy from reducing or withholding federal-aid highway funds apportioned to a state that complies with these provisions.
(Sec. 504) Sets the deadline for FY2008 budget justifications to Senate Appropriations subcommittees as no later than the day the President's FY2008 budget is released.
(Sec. 505) Prohibits the use of funds in this Act to undertake engineering evaluations or other studies of the potential for multi-purpose storage facilities downstream of the confluence of the North and Middle Forks of the American River (California) until the Bureau of Reclamation completes its special report to update the cost-benefit analysis of the Auburn-Folsom South Unit of the Central Valley Project, including assessments of estimates of specified matters.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5427 Reported in House (RH)]
Union Calendar No. 262
109th CONGRESS
2d Session
H. R. 5427
[Report No. 109-474]
Making appropriations for energy and water development for the fiscal
year ending September 30, 2007, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 19, 2006
Mr. Hobson, from the Committee on Appropriations, reported the
following bill; which was committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for energy and water development for the fiscal
year ending September 30, 2007, and for other purposes.
Be it enacted by the Senate and House of 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, 2007, for energy
and water development and for other purposes, namely:
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the 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 restoration, 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 restoration,
and related projects, restudy of authorized projects, miscellaneous
investigations, and, when authorized by law, surveys and detailed
studies and plans and specifications of projects prior to construction,
$128,000,000, to remain available until expended: Provided, That,
except as provided in section 101 of this Act, the amounts made
available under this paragraph shall be expended in accordance with the
terms and conditions specified in the report accompanying this Act.
Construction
(including rescission)
For expenses necessary for the construction of river and harbor,
flood control, shore protection and storm damage reduction, aquatic
ecosystem restoration, and 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
specifications, shall not constitute a commitment of the Government to
construction); $1,947,171,000, to remain available until expended; of
which such sums as are necessary pursuant to Public Law 99-662 shall be
derived from the Inland Waterways Trust Fund, to cover one-half of the
costs of construction and rehabilitation of inland waterways projects;
and of which $8,000,000 shall be exclusively for projects and
activities authorized under section 107 of the River and Harbor Act of
1960; and of which $2,000,000 shall be exclusively for projects and
activities authorized under section 103 of the River and Harbor Act of
1962; and of which $29,933,000 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 $25,000,000 shall be exclusively for
projects and activities authorized under section 1135 of the Water
Resources Development Act of 1986; and of which $25,000,000 shall be
exclusively for projects and activities authorized under section 206 of
the Water Resources Development Act of 1996; and of which $2,500,000
shall be for projects and activities authorized under section 111 of
the River and Harbor Act of 1968; and of which $5,000,000 shall be for
projects and activities authorized under section 204 of the Water
Resources Act of 1992: Provided, That $35,000,000 shall be available
for projects and activities authorized under 16 U.S.C. 410-r-8:
Provided further, That, of the funds provided under the heading
``Construction'' in title I of Public Law 109-103, $56,046,000 is
rescinded, to be derived from the unobligated balances of the amounts
made available for the following projects in Louisiana: Grand Isle and
Vicinity, Lake Pontchartrain and Vicinity, Larose to Golden Meadow, New
Orleans to Venice, Southeast Louisiana, and West Bank and Vicinity:
Provided further, That, except as provided in section 101 of this Act,
the amounts made available under this paragraph shall be expended in
accordance with the terms and conditions specified in the report
accompanying this Act.
Mississippi River and Tributaries
For expenses necessary for the program for the Mississippi River
alluvial valley below Cape Girardeau, Missouri, as authorized by law,
$290,607,000, to remain available until expended, of which such sums as
are necessary to cover the Federal share of operation and maintenance
costs for inland harbors shall be derived from the Harbor Maintenance
Trust Fund: Provided, That, except as provided in section 101 of this
Act, the amounts made available under this paragraph shall be expended
in accordance with the terms and conditions specified in the report
accompanying this Act.
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,
including the construction of facilities, projects, or features
(including islands and wetlands) to use materials dredged during
Federal navigation maintenance activities; the mitigation of impacts on
shorelines resulting from Federal navigation operation and maintenance
activities; the benefit of federally listed species to address the
effects of any civil works project under the jurisdiction of the Corps
on any such species on project land within the watershed or operational
reach of the project; providing security for infrastructure owned and
operated by, or on behalf of, the Corps, including administrative
buildings and facilities, and laboratories; 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 surveys and charting of northern and northwestern lakes and
connecting waters, clearing and straightening channels, and removal of
obstructions to navigation, $2,195,471,000, to remain available until
expended, of which $45,078,000 shall be for projects and activities in
Region 1 New England; of which $143,250,000 shall be for projects and
activities in Region 2 Mid Atlantic; of which $297,043,000 shall be for
projects and activities in Region 3 South Atlantic Gulf; of which
$101,407,000 shall be for projects and activities in Region 4 Great
Lakes; of which $252,886,000 shall be for projects and activities in
Region 5 Ohio; of which $21,301,000 shall be for projects and
activities in Region 6 Tennessee; of which $233,803,000 shall be for
projects and activities in Region 7 Upper Mississippi; of which
$147,021,000 shall be for projects and activities in Region 8 Lower
Mississippi; of which $2,999,000 shall be for projects and activities
in Region 9 Souris-Red-Rainy; of which $151,180,000 shall be for
projects and activities in Region 10 Missouri; of which $178,084,000
shall be for projects and activities in Region 11 Arkansas-White-Red;
of which $141,113,000 shall be for projects and activities in Region 12
Texas-Gulf; of which $10,209,000 shall be for projects and activities
in Region 13 Rio Grande; of which $722,000 shall be for projects and
activities in Region 14 Upper Colorado; of which $3,327,000 shall be
for projects and activities in Region 15 Lower Colorado; of which
$761,000 shall be for projects and activities in Region 16 Great Basin;
of which $242,593,000 shall be for projects and activities in Region 17
Pacific Northwest; of which $102,461,000 shall be for projects and
activities in Region 18 California; of which $22,204,000 shall be for
projects and activities in Region 19 Alaska; of which $1,995,000 shall
be for projects and activities in Region 20 Hawaii; of which $4,000,000
shall be for projects and activities in Region 21 Caribbean; of which
such sums as are necessary to cover the Federal share of eligible
operations and maintenance shall be derived from the Harbor Maintenance
Trust Fund of which such sums as become available from the special
account for the Corps established by the Land and Water Conservation
Act of 1965, as amended (16 U.S.C. 460l-6a(i)), shall be used for
resource protection, research, interpretation, and maintenance
activities related to resource protection in areas operated by the
Corps 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, except
as provided in section 101 of this Act, the amounts made available
under this paragraph shall be expended in accordance with the terms and
conditions specified in the report accompanying this Act.
Regulatory Program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $173,000,000, to remain
available until expended.
Formerly Utilized Sites Remedial Action Program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $130,000,000, to remain available until
expended.
Flood Control and Coastal Emergencies
For expenses necessary to prepare for flood, hurricane, and other
natural disasters and support emergency operations, repairs, and other
activities in response to flood and hurricane emergencies, as
authorized by law, $32,000,000, to remain available until expended.
General Expenses
For expenses necessary for general administration and related civil
works functions in the headquarters of the United States Army Corps of
Engineers, the offices of the Division Engineers, the Humphreys
Engineer 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, $142,100,000,
to remain available until expended: Provided, That no part of any other
appropriation provided in title I of this Act shall be available to
fund the civil works activities of the Office of the Chief of Engineers
or the civil works executive direction and management activities of the
offices of the Division Engineers: Provided further, That, of the funds
provided under this heading, $10,000,000 shall be transferred to
``Operation and Maintenance'' upon the expiration of the 30-day period
following the date of enactment of this Act if, during such period, the
Secretary of the Army has not submitted to the Committees on
Appropriations of the House of Representatives and the Senate a report
summarizing outstanding reprogramming commitments of the Corps of
Engineers for fiscal years 2000 through 2006 on a project by project
basis.
Office of Assistant Secretary of the Army (Civil Works)
For expenses necessary for the Office of Assistant Secretary of the
Army (Civil Works), as authorized by 10 U.S.C. 3016(b)(3), $1,500,000:
Provided, That, of the funds provided under this heading, $1,000,000
shall be transferred to ``Operation and Maintenance'' upon the
expiration of the 30-day period following the date of enactment of this
Act if, during such period, the Secretary of the Army has not submitted
to the Committees on Appropriations of the House of Representatives and
the Senate a report summarizing outstanding reprogramming commitments
of the Corps of Engineers for fiscal years 2000 through 2006 on a
project by project basis.
Administrative Provision
Appropriations in this title shall be available for official
reception and representation expenses not to exceed $5,000; and during
the current fiscal year the Revolving Fund, Corps of Engineers, shall
be available for purchase not to exceed 100 for replacement only and
hire of passenger motor vehicles.
GENERAL PROVISIONS
Corps of Engineers--Civil
Sec. 101. (a) None of the funds provided in title I of this Act
shall be available for obligation or expenditure through a
reprogramming of funds that--
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act;
(4) reduces funds that are directed to be used for a
specific program, project, or activity by this Act;
(5) increases funds for any program, project, or activity
by more than $2,000,000 or 25 percent, whichever is less; or
(6) reduces funds for any program, project, or activity by
more than $2,000,000 or 25 percent, whichever is less.
(b) Subsection (a)(1) shall not apply to any project or activity
authorized under section 205 of the Flood 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.
Sec. 102. 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.
Sec. 103. 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. 104. None of the funds provided in this Act may be expended by
the Secretary of the Army to construct the Port Jersey element of the
New York and New Jersey Harbor or to reimburse the local sponsor for
the 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. 105. (a) None of the funds provided in this Act shall be
available for operation and maritime maintenance of the hopper dredge
McFarland.
(b) Subsection (a) shall not apply to funds required for the
decommissioning of the vessel.
Sec. 106. None of the funds provided in this Act may be expended to
prevent or limit any reprogramming of funds for a project to be carried
out by the Corps of Engineers, based on whether the project was
included by the President in the budget transmitted under section
1105(a) of title 31, United States Code, or is otherwise proposed by
the President or considered part of the budget by the Office of
Management and Budget.
Sec. 107. None of the funds provided in this Act may be used to
repay the Department of Treasury's Judgment Fund for past judgments
against the United States on Civil Works contracts and real estate
acquisitions that have been financed by the Judgment Fund.
Sec. 108. None of the funds provided in this Act may be used to
implement an A-76 study or similar privatization process for Corps
personnel employed to operate or maintain locks and dams.
Sec. 109. None of the funds in this Act may be used to further work
on the Corps of Engineers proposal to remove a section of the dam for
fish passage or to study other alternatives to the trap and haul
facility at Elk Creek Dam, Oregon.
Sec. 110. None of the funds made available under this Act may be
used to revise the master control plans and master manuals of the Corps
of Engineers for the Alabama, Coosa, Tallapoosa River basin in Alabama
and Georgia or the Apalachicola, Chattahoochee, Flint River Basin in
Alabama, Georgia, and Florida.
TITLE II
DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT
Central Utah Project Completion Account
For carrying out activities authorized by the Central Utah Project
Completion Act, $38,552,000, to remain available until expended, of
which $965,000 shall be deposited into the Utah Reclamation Mitigation
and Conservation Account for use by the Utah Reclamation Mitigation and
Conservation Commission.
In addition, for necessary expenses incurred in carrying out
related responsibilities of the Secretary of the Interior, $1,603,000,
to remain available until expended.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
Water and Related Resources
(including transfer of funds and rescission)
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,
$849,122,000, to remain available until expended, of which $57,298,000
shall be available for transfer to the Upper Colorado River Basin Fund
and $26,952,000 shall be available for transfer to the Lower Colorado
River Basin Development Fund; of which such amounts as may be necessary
may be advanced to the Colorado River Dam Fund; of which not more than
$500,000 is for high priority projects which shall be carried out by
the Youth Conservation Corps, as authorized by 16 U.S.C. 1706:
Provided, That such transfers may be increased or decreased within the
overall appropriation under this heading: Provided further, That of the
total appropriated, the amount for program activities that can be
financed by the Reclamation Fund or the Bureau of Reclamation special
fee account established by 16 U.S.C. 460l-6a(i) shall be derived from
that Fund or account: Provided 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 from unobligated balances made available under section
2507 of the Farm Security and Rural Investment Act of 2002 for the
Bureau of Reclamation's At Risk Terminal Lakes Program, $88,000,000 are
rescinded: Provided further, That $10,000,000 of the funds provided
herein shall be deposited in the San Gabriel Restoration Fund
established by section 1110 of division B, title I of Public Law 106-
554 as amended: Provided further, That of the sums provided herein,
$1,000,000 shall be used for assessing the feasibility of relocating
the Highway 49 bridge, Auburn-Folsom South Unit of the Central Valley
Project.
Central Valley Project Restoration Fund
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, $41,478,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration 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 Law 102-575: Provided further, That none
of the funds made available under this heading may be used for the
acquisition or leasing of water for in-stream purposes if the water is
already committed to in-stream purposes by a court adopted decree or
order.
California Bay-Delta Restoration
(including transfer of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, Public Law 108-361,
consistent with plans to be approved by the Secretary of the Interior,
$40,110,000, to remain available until expended, of which such amounts
as may be necessary to carry out such activities may be 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 $6,000,000 shall be transferred
to the Army Corps of Engineers to carry out further study and analysis
of the stability of the levee projects authorized under section
103(f)(3) of Public Law 108-361.
Policy and Administration
For necessary expenses of policy, administration, and related
functions in the office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until expended, $58,069,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed 14 passenger motor vehicles, of which 11 are
for replacement only.
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 Administrator
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 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 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.
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, $2,025,527,000, to remain
available until September 30, 2009.
Clean Coal Technology
(rescission)
Of the funds made available under this heading for obligation in
prior years, $257,000,000 are rescinded.
Fossil Energy Research and Development
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition of
interest, 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, maintenance,
and operation of aircraft, the purchase, repair, and cleaning of
uniforms, the reimbursement to the General Services Administration for
security guard services, and for conducting inquiries, technological
investigations and research concerning the extraction, processing, use,
and disposal of mineral substances without objectionable social and
environmental costs (30 U.S.C. 3, 1602, and 1603), $558,204,000, to
remain available until expended, of which $54,000,000 is available to
continue a multi-year project coordinated with the private sector for
FutureGen, without regard to the terms and conditions applicable to
clean coal technology projects: Provided, That the initial planning and
research stages of the FutureGen project 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, $36,400,000 is available, after
coordination with the private sector, for a request for proposals for
the 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
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 conditions that are acceptable
to the Department including repayments from sale and licensing of
technologies from both domestic and foreign transactions: Provided
further, That such 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 program 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 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
contributions in cooperation with other Federal, State, or private
agencies or concerns: Provided further, That revenues and other moneys
received by or for the account of the Department of Energy or otherwise
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,
$18,810,000, to remain available until expended: Provided, That,
notwithstanding any other provision of law, unobligated funds remaining
from prior years shall be available for all naval petroleum and oil
shale reserve activities.
Strategic Petroleum Reserve
For necessary expenses for Strategic Petroleum 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, $155,430,000, to remain
available until expended.
Northeast Home Heating Oil Reserve
For necessary expenses for Northeast Home Heating Oil Reserve
storage, operation, and management activities pursuant to the Energy
Policy and Conservation Act, $4,950,000, to remain available until
expended.
Energy Information Administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $89,769,000, to remain available until
expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and 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,
$309,946,000, 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,
$579,368,000, 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, construction, or
expansion, and purchase of not to exceed twenty-five passenger motor
vehicles for replacement only, $4,131,710,000, to remain available
until expended.
Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
the Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended
(the ``Act''), including the acquisition of real property or facility
construction or expansion, $186,420,000, to remain available until
expended, of which $156,420,000 shall be derived from the Nuclear Waste
Fund: Provided, That of the funds made available in this Act for
Nuclear Waste Disposal, $2,000,000 shall be provided to the State of
Nevada solely for expenditures, other than salaries and expenses of
State employees, to conduct scientific oversight responsibilities and
participate in licensing activities pursuant to the Act: Provided
further, That $4,000,000 shall be provided to affected units of local
government, as defined in the Act, to conduct appropriate activities
and participate in licensing activities: Provided further, That 7.5
percent of the funds provided shall be made available to affected units
of local government in California with the balance made available to
affected units of local government in Nevada for distribution as
determined by the Nevada units of local government: Provided further,
That notwithstanding the provisions of chapters 65 and 75 of title 31,
United States Code, the Department shall have no monitoring, auditing
or other oversight rights or responsibilities over amounts provided to
affected units of local government under this heading: Provided
further, That the funds for the State of Nevada shall be made available
solely to the Nevada Division of Emergency Management by direct payment
and units of local government by direct payment: Provided further, That
within 90 days of the completion of each Federal fiscal year, the
Nevada Division of Emergency 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 appropriated may be: (1) used
directly or indirectly to influence legislative action, except for
normal and recognized executive-legislative communications, on any
matter pending before Congress or a State legislature or for lobbying
activity as provided in 18 U.S.C. 1913; (2) used for litigation
expenses; or (3) used to support multi-State efforts or other coalition
building activities inconsistent with the restrictions contained in
this Act: Provided further, That all proceeds and recoveries realized
by the Secretary in carrying out activities authorized by the Act,
including but not limited to, any proceeds from the sale of assets,
shall be available without further appropriation and shall remain
available until expended: Provided further, That no funds provided in
this Act may be used to pursue repayment or collection of funds
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
(including transfer of funds)
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the hire of passenger motor vehicles and official reception
and representation expenses not to exceed $35,000, $278,382,000, to
remain available until expended, plus such additional amounts as
necessary to cover increases in the estimated amount of cost of work
for others notwithstanding the provisions of the Anti-Deficiency Act
(31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work
are offset by revenue increases of the same or greater amount, to
remain available until expended: Provided further, That moneys received
by the Department for miscellaneous revenues estimated to total
$123,000,000 in fiscal year 2007 may be retained and used for operating
expenses within this account, and may remain available until expended,
as authorized by section 201 of Public Law 95-238, notwithstanding the
provisions of 31 U.S.C. 3302: Provided further, That the sum herein
appropriated shall be reduced by the amount of miscellaneous revenues
received during 2007, and any related appropriated receipt account
balances remaining from prior years' miscellaneous revenues, so as to
result in a final fiscal year 2007 appropriation from the general fund
estimated at not more than $155,382,000.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $45,507,000, to remain available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
(including transfer of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and 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 14 passenger motor vehicles, for replacement only,
including not to exceed two buses; $6,412,001,000, to remain available
until expended: Provided, That $40,000,000 of that amount is for the
Material Consolidation and Upgrade Construction Project, Buildings 651
and 691, at the Idaho National Laboratory.
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 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, $1,593,101,000, to remain available until expended.
Naval Reactors
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $795,133,000, to
remain available until expended.
Office of the Administrator
For necessary expenses of the Office of the Administrator in the
National Nuclear Security Administration, including official reception
and representation expenses not to exceed $12,000, $399,576,000, to
remain available until expended.
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 the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $4,951,812,000, to
remain available until expended, and $600,000,000 for the Waste
Treatment and Immobilization Plant at Hanford, Washington, to remain
available until September 30, 2007.
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, construction, or
expansion, and the purchase of not to exceed ten passenger motor
vehicles for replacement only, $720,788,000, to remain available until
expended.
Defense Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
Public Law 97-425, as amended, including the acquisition of real
property or facility construction or expansion, $388,080,000, to remain
available until 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 2007, no new direct loan obligations may be
made.
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of electric power and energy, including
transmission wheeling and ancillary services pursuant to section 5 of
the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the
southeastern power area, $5,723,000, to remain available until
expended: Provided, That, notwithstanding 31 U.S.C. 3302, up to
$48,003,000 collected by the Southeastern Power Administration pursuant
to the Flood Control Act of 1944 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures.
Operation and Maintenance, Southwestern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy, for
construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an 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, $31,539,000, to remain available until expended:
Provided, That, notwithstanding 31 U.S.C. 3302, up to $13,600,000
collected by the Southwestern Power Administration pursuant to the
Flood Control Act to recover purchase power and wheeling expenses shall
be credited to this account as offsetting 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; $212,213,000, to remain
available until expended, of which $208,776,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That of the
amount herein appropriated, $6,893,000 is for deposit into the Utah
Reclamation Mitigation and Conservation Account pursuant to title IV of
the Reclamation Projects Authorization and Adjustment Act of 1992:
Provided further, That of the amount herein appropriated, $6,000,000
shall be available until expended on a nonreimbursable basis to the
Western Area Power Administration for Topock-Davis-Mead Transmission
Line Upgrades: Provided further, That of the amount herin appropriated,
$500,000 shall be available until expended on a nonreimbursable basis
to the Dynamic Engineering Studies on the TOT-3 and Wyoming West
Transmission projects: Provided further, That notwithstanding the
provision of 31 U.S.C. 3302, up to $472,593,000 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
hydroelectric facilities at the Falcon and Amistad Dams, $2,500,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
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,
$230,800,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, not to exceed $230,800,000
of revenues from fees and annual charges, and other services and
collections in fiscal year 2007 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 2007 so as to result in a final fiscal year 2007 appropriation
from the general fund estimated at not more than $0.
GENERAL PROVISIONS
DEPARTMENT OF ENERGY
Sec. 301. Contract Competition.--(a)(1) None of the funds in this
or any other appropriations Act for fiscal year 2007 or any previous
fiscal year may be used to make payments for a noncompetitive
management and operating contract unless the Secretary of Energy has
published in the Federal Register and submitted to the Committees on
Appropriations of the House of Representatives and the Senate a written
notification, with respect to each such contract, of the Secretary's
decision to use competitive procedures for the award of the contract,
or to not renew the contract, when the term of the contract expires.
(2) Paragraph (1) does not apply to an extension for up to 2 years
of a noncompetitive management and operating contract, if the extension
is for purposes of allowing time to award competitively a new contract,
to provide continuity of service between contracts, or to complete a
contract that will not be renewed.
(b) In this section:
(1) The term ``noncompetitive management and operating
contract'' means a contract that was awarded more than 50 years
ago without competition for the management and operation of
Ames Laboratory, Argonne National Laboratory, and Lawrence
Livermore 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 Services
Act of 1949 (41 U.S.C. 253) other than a procedure that
solicits a proposal from only one source.
(c) For all management and operating contracts other than those
listed in subsection (b)(1), none of the funds appropriated by this Act
may be used to award a management and operating contract, or award a
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 deviation. The Secretary may not delegate
the authority to grant such a waiver. At least 60 days before a
contract award for which the Secretary intends to grant such a waiver,
the Secretary shall submit to the Committees on Appropriations of the
House of Representatives and the Senate a report notifying the
Committees of the waiver and setting forth, in specificity, the
substantive reasons why the Secretary believes the requirement for
competition should be waived for this particular award.
Sec. 302. Workforce Restructuring.--None of the funds appropriated
by this Act may be used to--
(1) develop or implement a workforce 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. Section 3161 Assistance.--None of the funds appropriated
by this Act may be used to augment the funds made available for
obligation by this Act for 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 reprogramming request
to the appropriate congressional committees.
Sec. 304. Unfunded Requests for Proposals.--None of the funds
appropriated by this Act may be used to prepare or initiate Requests
For Proposals (RFPs) or other solicitations for a program if the
program has not been funded by Congress.
Sec. 305. Unexpended Balances.--The 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. Bonneville Power Administration Service Territory.--None
of the funds in this or any other Act for the Administrator of the
Bonneville Power Administration may be used to enter into any agreement
to perform energy efficiency services outside the legally 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. User Facilities.--When the Department of Energy makes a
user facility available to universities or other potential users, or
seeks input from universities or other potential users regarding
significant 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 Technology Deployment Center/User Facility; and (3) any other
Departmental facility designated by the Department as a user facility.
Sec. 308. Intelligence Activities.--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 2007 until the enactment of
the Intelligence Authorization Act for fiscal year 2007.
Sec. 309. Laboratory Directed Research and Development.--Of the
funds made available by the Department of Energy for activities at
government-owned, contractor-operator operated laboratories funded in
this Act, the Secretary may authorize a specific amount, not to exceed
8 percent of such funds, to be used by such laboratories for
laboratory-directed research and development: 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.
Sec. 310. Technology Commercialization Fund.--None of the funds
made available by this Act may be used for technology commercialization
activities funded via a tax on applied energy research, development,
demonstration, and commercial application activities by the Department
of Energy as authorized by section 1001(e) of title X of the Energy
Policy Act of 2005.
Sec. 311. Contractor Pension Benefits.--None of the funds made
available in title III of this Act shall be used for implementation of
the Department of Energy Order N 351.1 modifying contractor employee
pension and medical benefits policy.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended, not
withstanding 40 U.S.C. 14704, and, for necessary expenses for the
Federal Co-Chairman and the alternate on the Appalachian Regional
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, $35,472,000, 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, $22,260,000, 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, $5,940,000, 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, $7,536,000, to remain available until
expended, nothwithstanding the limitations contained in section 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 $19,000, $808,410,000, to remain
available until expended: Provided, That of the amount appropriated
herein, $40,981,840 shall be derived from the Nuclear Waste Fund:
Provided further, That revenues from licensing fees, inspection
services, and other services and collections estimated at $656,328,000
in fiscal year 2007 shall be retained and used for necessary salaries
and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall
remain available until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues received during
fiscal year 2007 so as to result in a final fiscal year 2007
appropriation estimated at not more than $152,082,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $8,144,000, to remain available until expended: Provided, That
revenues from licensing fees, inspection services, and other services
and collections estimated at $7,330,000 in fiscal year 2007 shall be
retained and be available until expended, for 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 2007 so as to result in
a final fiscal year 2007 appropriation estimated at not more than
$814,000.
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, $3,670,000, 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 appropriation Act.
This Act may be cited as the ``Energy and Water Development
Appropriations Act, 2007''.
Union Calendar No. 262
109th CONGRESS
2d Session
H. R. 5427
[Report No. 109-474]
_______________________________________________________________________
A BILL
Making appropriations for energy and water development for the fiscal
year ending September 30, 2007, and for other purposes.
_______________________________________________________________________
May 19, 2006
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
DEBATE - Pursuant to a previous order of the House, the Committee of the Whole proceeded with 10 minutes of debate on the Flake amendment.
DEBATE - Pursuant to a previous order of the House, the Committee of the Whole proceeded with 10 minutes of debate on the Flake amendment.
DEBATE - Pursuant to a previous order of the House, the Committee of the Whole proceeded with 10 minutes of debate on the Flake amendment.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Flake amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Flake demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
Committee of the Whole House on the state of the Union rises leaving H.R. 5427 as unfinished business.
Considered as unfinished business. (consideration: CR H3211-3215)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 5427.
The previous question was ordered pursuant to the rule. (consideration: CR H3214)
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The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 404 - 20 (Roll no. 206).
Roll Call #206 (House)On passage Passed by the Yeas and Nays: 404 - 20 (Roll no. 206).
Roll Call #206 (House)Motion to reconsider laid on the table Agreed to without objection.
The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 5427.
Received in the Senate and Read twice and referred to the Committee on Appropriations.
Committee on Appropriations Subcommittee on Energy and Water, and Related Agencies. Approved for full committee consideration with an amendment in the nature of a substitute favorably.
Committee on Appropriations. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Appropriations. Reported by Senator Domenici with an amendment in the nature of a substitute and an amendment to the title. With written report No. 109-274.
Committee on Appropriations. Reported by Senator Domenici with an amendment in the nature of a substitute and an amendment to the title. With written report No. 109-274.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 504.