Text: H.R.5427 — 109th Congress (2005-2006)All Information (Except Text)

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Reported to Senate (06/29/2006)

 
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5427 Reported in Senate (RS)]


                                                       Calendar No. 504
109th CONGRESS
  2d Session
                                H.R. 5427

                          [Report No. 109-274]


Rule___________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2006

  Received; read twice and referred to the Committee on Appropriations

                             June 29, 2006

  Reported by Mr. Domenici, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT


 
 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,
<DELETED>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:</DELETED>

                       <DELETED>TITLE I</DELETED>

              <DELETED>CORPS OF ENGINEERS--CIVIL</DELETED>

               <DELETED>DEPARTMENT OF THE ARMY</DELETED>

              <DELETED>Corps of Engineers--Civil</DELETED>

<DELETED>    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.</DELETED>

                   <DELETED>Investigations</DELETED>

<DELETED>    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.</DELETED>

                    <DELETED>Construction</DELETED>

               <DELETED>(including rescission)</DELETED>

<DELETED>    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. 410r-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.</DELETED>

          <DELETED>Mississippi River and Tributaries</DELETED>

<DELETED>    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.</DELETED>

              <DELETED>Operation and Maintenance</DELETED>

<DELETED>    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.</DELETED>

                 <DELETED>Regulatory Program</DELETED>

<DELETED>    For expenses necessary for administration of laws 
pertaining to regulation of navigable waters and wetlands, 
$173,000,000, to remain available until expended.</DELETED>

   <DELETED>Formerly Utilized Sites Remedial Action Program</DELETED>

<DELETED>    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.</DELETED>

        <DELETED>Flood Control and Coastal Emergencies</DELETED>

<DELETED>    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.</DELETED>

                  <DELETED>General Expenses</DELETED>

<DELETED>    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.</DELETED>

       <DELETED>Office of Assistant Secretary of the Army (Civil 
                            Works)</DELETED>

<DELETED>    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.</DELETED>

              <DELETED>Administrative Provision</DELETED>

<DELETED>    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.</DELETED>

                 <DELETED>GENERAL PROVISIONS</DELETED>

              <DELETED>Corps of Engineers--Civil</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1) creates or initiates a new program, project, 
        or activity;</DELETED>
        <DELETED>    (2) eliminates a program, project, or 
        activity;</DELETED>
        <DELETED>    (3) increases funds for any program, project, or 
        activity for which funds have been denied or restricted by this 
        Act;</DELETED>
        <DELETED>    (4) reduces funds that are directed to be used for 
        a specific program, project, or activity by this Act;</DELETED>
        <DELETED>    (5) increases funds for any program, project, or 
        activity by more than $2,000,000 or 25 percent, whichever is 
        less; or</DELETED>
        <DELETED>    (6) reduces funds for any program, project, or 
        activity by more than $2,000,000 or 25 percent, whichever is 
        less.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    Sec. 102. 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.</DELETED>
<DELETED>    Sec. 103. 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.</DELETED>
<DELETED>    Sec. 104. (a) None of the funds provided in this Act shall 
be available for operation and maritime maintenance of the hopper 
dredge McFarland.</DELETED>
<DELETED>    (b) Subsection (a) shall not apply to funds required for 
the decommissioning of the vessel.</DELETED>
<DELETED>    Sec. 105. 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.</DELETED>
<DELETED>    Sec. 106. 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.</DELETED>
<DELETED>    Sec. 107. 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.</DELETED>
<DELETED>    Sec. 108. 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.</DELETED>

                      <DELETED>TITLE II</DELETED>

             <DELETED>DEPARTMENT OF THE INTERIOR</DELETED>

                <DELETED>CENTRAL UTAH PROJECT</DELETED>

       <DELETED>Central Utah Project Completion Account</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>

                <DELETED>Bureau of Reclamation</DELETED>

<DELETED>    The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation:</DELETED>

             <DELETED>Water and Related Resources</DELETED>

    <DELETED>(including transfer of funds and rescission)</DELETED>

<DELETED>    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.</DELETED>

       <DELETED>Central Valley Project Restoration Fund</DELETED>

<DELETED>    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.</DELETED>

          <DELETED>California Bay-Delta Restoration</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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.</DELETED>

              <DELETED>Policy and Administration</DELETED>

<DELETED>    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.</DELETED>

              <DELETED>ADMINISTRATIVE PROVISION</DELETED>

<DELETED>    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.</DELETED>

   <DELETED>GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>     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.</DELETED>

                      <DELETED>TITLE III</DELETED>

                <DELETED>DEPARTMENT OF ENERGY</DELETED>

                   <DELETED>ENERGY PROGRAMS</DELETED>

           <DELETED>Energy Supply and Conservation</DELETED>

<DELETED>    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 (increased by 
$5,000,000) (reduced by $5,000,000) (increased by $25,000,000), to 
remain available until September 30, 2009.</DELETED>

                <DELETED>Clean Coal Technology</DELETED>

                    <DELETED>(rescission)</DELETED>

<DELETED>    Of the funds made available under this heading for 
obligation in prior years, $257,000,000 are rescinded.</DELETED>

       <DELETED>Fossil Energy Research and Development</DELETED>

<DELETED>    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.</DELETED>

       <DELETED>Naval Petroleum and Oil Shale Reserves</DELETED>

<DELETED>    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.</DELETED>

             <DELETED>Strategic Petroleum Reserve</DELETED>

<DELETED>    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.</DELETED>

         <DELETED>Northeast Home Heating Oil Reserve</DELETED>

<DELETED>    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.</DELETED>

          <DELETED>Energy Information Administration</DELETED>

<DELETED>    For necessary expenses in carrying out the activities of 
the Energy Information Administration, $89,769,000, to remain available 
until expended.</DELETED>

          <DELETED>Non-Defense Environmental Cleanup</DELETED>

<DELETED>    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.</DELETED>

    <DELETED>Uranium Enrichment Decontamination and Decommissioning 
                             Fund</DELETED>

<DELETED>    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.</DELETED>

                       <DELETED>Science</DELETED>

<DELETED>    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.</DELETED>

               <DELETED>Nuclear Waste Disposal</DELETED>

<DELETED>    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.</DELETED>

             <DELETED>Departmental Administration</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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 
(reduced by $25,000,000) (reduced by $27,800,000), 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.</DELETED>

           <DELETED>Office of the Inspector General</DELETED>

<DELETED>    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.</DELETED>

          <DELETED>ATOMIC ENERGY DEFENSE ACTIVITIES</DELETED>

      <DELETED>NATIONAL NUCLEAR SECURITY ADMINISTRATION</DELETED>

                 <DELETED>Weapons Activities</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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.</DELETED>

          <DELETED>Defense Nuclear Nonproliferation</DELETED>

<DELETED>    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 (increased by $27,800,000), to remain 
available until expended.</DELETED>

                   <DELETED>Naval Reactors</DELETED>

<DELETED>    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.</DELETED>

             <DELETED>Office of the Administrator</DELETED>

<DELETED>    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.</DELETED>

     <DELETED>ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES</DELETED>

            <DELETED>Defense Environmental Cleanup</DELETED>

<DELETED>    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.</DELETED>

              <DELETED>Other Defense Activities</DELETED>

<DELETED>    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.</DELETED>

           <DELETED>Defense Nuclear Waste Disposal</DELETED>

<DELETED>    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.</DELETED>

           <DELETED>POWER MARKETING ADMINISTRATIONS</DELETED>

        <DELETED>Bonneville Power Administration Fund</DELETED>

<DELETED>    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.</DELETED>

        <DELETED>Operation and Maintenance, Southeastern Power 
                        Administration</DELETED>

<DELETED>    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.</DELETED>

        <DELETED>Operation and Maintenance, Southwestern Power 
                        Administration</DELETED>

<DELETED>    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.</DELETED>

   <DELETED>Construction, Rehabilitation, Operation and Maintenance, 
              Western Area Power Administration</DELETED>

<DELETED>    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 herein 
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.</DELETED>

  <DELETED>Falcon and Amistad Operating and Maintenance Fund</DELETED>

<DELETED>    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.</DELETED>

        <DELETED>Federal Energy Regulatory Commission</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    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.</DELETED>

                 <DELETED>GENERAL PROVISIONS</DELETED>

                <DELETED>DEPARTMENT OF ENERGY</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (b) In this section:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    Sec. 302. Workforce Restructuring.--None of the funds 
appropriated by this Act may be used to--</DELETED>
        <DELETED>    (1) develop or implement a workforce restructuring 
        plan that covers employees of the Department of Energy; 
        or</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>

                      <DELETED>TITLE IV</DELETED>

                <DELETED>INDEPENDENT AGENCIES</DELETED>

           <DELETED>Appalachian Regional Commission</DELETED>

<DELETED>    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.</DELETED>

       <DELETED>Defense Nuclear Facilities Safety Board</DELETED>

                <DELETED>Salaries and Expenses</DELETED>

<DELETED>    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.</DELETED>

              <DELETED>Delta Regional Authority</DELETED>

                <DELETED>Salaries and Expenses</DELETED>

<DELETED>    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.</DELETED>

                  <DELETED>Denali Commission</DELETED>

<DELETED>    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, notwithstanding the limitations contained in section 306(g) 
of the Denali Commission Act of 1998.</DELETED>

            <DELETED>Nuclear Regulatory Commission</DELETED>

                <DELETED>Salaries and Expenses</DELETED>

<DELETED>    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.</DELETED>

             <DELETED>Office of Inspector General</DELETED>

<DELETED>    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.</DELETED>

        <DELETED>Nuclear Waste Technical Review Board</DELETED>

                <DELETED>Salaries and Expenses</DELETED>

<DELETED>    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.</DELETED>

                       <DELETED>TITLE V</DELETED>

                 <DELETED>GENERAL PROVISIONS</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    Sec. 503. None of the funds made available by this Act 
from the Nuclear Waste Fund may be used to carry out the Global Nuclear 
Energy Partnership program.</DELETED>
<DELETED>    Sec. 504. None of the funds made available by this Act 
shall be used in contravention of the Federal buildings performance and 
reporting requirements of Executive Order No. 13123, part 3 of title V 
of the National Energy Conservation Policy Act (42 U.S.C. 8251 et 
seq.), or subtitle A of title I of the Energy Policy Act of 2005 
(including the amendments made thereby).</DELETED>
<DELETED>    Sec. 505. None of the funds made available in this Act may 
be used in contravention of section 303 of the Energy Policy Act of 
1992 (42 U.S.C. 13212).</DELETED>
<DELETED>    Sec. 506. None of the funds made available by this Act 
shall be used by the Federal Energy Regulatory Commission to enforce 
any claim for a termination payment (as defined in any jurisdictional 
contract) asserted by any regulated entity the Commission has found to 
have violated the terms of its market-based rate authority by engaging 
in manipulation of market rules or exercise of market power in the 
Western Interconnection during the period January 1, 2000, to June 20, 
2001.</DELETED>
<DELETED>    This Act may be cited as the ``Energy and Water 
Development Appropriations Act, 2007''.</DELETED>
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.

                         general 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, 
$168,517,000, to remain available until expended: Provided, That, the 
Secretary of the Army shall use the unobligated balances of $818,000 
for the Waikiki Shore Protection Study, Hawaii, and $143,000 for the 
Kihei Shore Protection Study, Hawaii, for the Laupahoehoe Harbor, 
Hawaii, preconstruction engineering and design, at full Federal 
expense; to continue the Kawaihae Harbor, Hawaii, feasibility studies; 
and to continue preconstruction engineering and design studies for the 
Wailupe Stream, Oahu, Hawaii.

                          construction general

                    (including rescission of funds)

    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); $2,042,429,000, to remain available until expended; of 
which such sums as are necessary to cover the Federal share of 
construction costs for facilities under the Dredged Material Disposal 
Facilities program shall be derived from the Harbor Maintenance Trust 
Fund as authorized by Public Law 104-303; and of which 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; 
Markland Locks and Dam, Kentucky and Indiana; Emsworth Locks and Dam, 
Ohio River, Pennsylvania; and Lock and Dam 3, Mississippi River, 
Minnesota) shall be derived from the Inland Waterways Trust Fund: 
Provided, That the Chief of Engineers is directed to use $13,000,000 of 
the funds appropriated herein for the Dallas Floodway Extension, Texas, 
project, including the Cadillac Heights feature, generally in 
accordance with the Chief of Engineers report dated December 7, 1999: 
Provided further, That the Chief of Engineers is directed to use 
$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 $5,300,000 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 $7,500,000 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 Cumberland 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 
considerations as may be appropriate to address the unique relocations 
and resettlement needs for the flood prone communities within the 
County: Provided 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 
$23,400,000 available for the American River Watershed (Folsom Dam 
Mini-Raise), California, project, $15,000,000 of those funds be 
directed for the permanent bridge, with all remaining devoted to the 
Mini-Raise: Provided further, That the Secretary of the Army shall use 
the prior unobligated balance of $4,972,000 from the Devils Lake 
Outlet, North Dakota, project for the Devils Lake, North Dakota, 
environmental infrastructure project: Provided further, That the 
Secretary of the Army shall use the prior year unobligated balance of 
$1,500,000 from the Waterbury Dam repairs project for the Lake 
Champlain Watershed project.
    Of the funds provided under this heading in title I of Public Law 
109-103, $56,046,000 are rescinded.

 flood control, mississippi river and tributaries, arkansas, illinois, 
       kentucky, louisiana, mississippi, missouri, and tennessee

    For expenses necessary for the flood damage reduction program for 
the Mississippi River alluvial valley below Cape Girardeau, Missouri, 
as authorized by law, $450,530,000, 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 $15,000,000 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 $14,000,000 appropriated herein for 
construction of water withdrawal features of the Grand Prairie, 
Arkansas, project.

                       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, and laboratories, 
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, $2,030,000,000, to remain available 
until expended, of which such sums as are necessary to cover the 
Federal share of operation and maintenance costs for 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, as amended; 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 Waterway, 
Delaware River to Chesapeake Bay, Delaware and Maryland, the Chief of 
Engineers, is directed to reimburse the State of Delaware for normal 
operation and maintenance costs incurred by the State of Delaware for 
the SR1 Bridge from station 58+00 to station 293+00 between October 1, 
2005, and September 30, 2006: Provided further, That the Chief of 
Engineers using $500,000 of the funds made available, herein is 
authorized to complete, 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.

                 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.

                           regulatory program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $168,000,000, 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, $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, $164,000,000, 
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 
division offices.

        office of assistant secretary of the army (civil works)

    No funds have been provided for the Office of the Assistant 
Secretary of the Army (Civil Works).

                        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 program, project or activity;
            (2) General investigations.--Reprogramming a cumulative 
        total of 50 percent or $1,000,000, whichever is less, is 
        permitted for each study, program or activity in this account 
        unless prior approval is received from the House and Senate 
        Committees on Appropriations: Provided, That the Committee does 
        not object to reprogramming up to $50,000 to any continuing 
        study or program that did not receive an appropriation in the 
        current year;
            (3) Construction, general.--Reprogramming a cumulative 
        total of 50 percent or $3,000,000, whichever is less, is 
        permitted for each study, program or activity in this account 
        unless prior approval is received from the House and Senate 
        Committees on Appropriations: Provided, That the Committee does 
        not object to reprogramming up to $300,000 to any continuing 
        project or program that did not receive an appropriation in the 
        current year;
            (4) Operation and maintenance.--Unlimited reprogramming 
        authority is granted in order for the Corps to be able to 
        respond to emergencies: Provided, That the Chief of Engineers 
        must notify the House and Senate Committees on Appropriations 
        of these emergency actions as soon thereafter as practicable: 
        Provided further, That for all other situations, reprogramming 
        a cumulative total of 50 percent or $5,000,000, whichever is 
        less, is permitted for each study, program or activity in this 
        account unless prior approval is received from the House and 
        Senate Committees on Appropriations: Provided further, That the 
        Committee does not object to reprogramming up to $500,000 to 
        any continuing project or program that did not receive an 
        appropriation in the current year;
            (5) Mississippi river and tributaries.--The same 
        reprogramming guidelines for the General Investigations, 
        Construction, General and Operation and Maintenance portions of 
        the Mississippi River and Tributaries Account as listed above.
            (6) Formerly utilized sites remedial action program.--
        Reprogramming of up to 15 percent of the base of the receiving 
        project is permitted unless prior approval is received from the 
        House and Senate Committees on Appropriations.
    (b) Continuing Authorities Program.--No funds shall be reprogrammed 
into or out of 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: Provided, 
That unlimited reprogramming is permitted within any of the Continuing 
Authorities Programs Sections listed above.
    Sec. 102. Beginning in fiscal year 2006 and thereafter, agreements 
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; section 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 Development Act 
of 1996, Public Law 104-303; and any other specific project authority, 
shall be limited to total credits and reimbursements for all applicable 
projects not to exceed $100,000,000 in each fiscal year.
    Sec. 103. 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 responsibilities 
of the United States Army Corps of Engineers to other government 
agencies without specific direction in a subsequent Act of Congress.
    Sec. 104. 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 concerning the closure or removal.
    Sec. 105. 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. 106. Water Reallocation, Lake Cumberland, Kentucky. (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. 107. The project for flood control at Milton, West Virginia, 
authorized by section 580 of the Water Resources Development Act of 
1996 (110 Stat. 3790), as modified by section 340 of the Water 
Resources Development Act of 2000 (114 Stat. 2612), is modified to 
authorize the Secretary to construct the project substantially in 
accordance with the draft report of the Corps of Engineers dated April 
2006, at an estimated total cost of $45,500,000, with an estimated 
Federal cost of $34,125,000 and an estimated non-Federal cost of 
$11,375,000.
    Sec. 108. Using amounts available in the Revolving Fund, the 
Secretary of the Army is authorized to construct a new Environmental 
Laboratory and improvements to the Information Technology Laboratory at 
the Engineer Research and Development Center in Vicksburg, Mississippi: 
Provided, That the Secretary shall ensure that the Revolving Fund is 
appropriately reimbursed from appropriations of the Corps' benefiting 
programs by collection each year of amounts sufficient to repay the 
capitalized cost of such construction and improvements.
    Sec. 109. The Secretary of the Army may 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 Operation and Maintenance 
activities associated with such project.
    Sec. 110. Notwithstanding section 729 of the Water Resources 
Development Act of 1986, as amended (33 U.S.C. 2267a), the Secretary 
shall credit toward the non-Federal share of the cost of the Rio Grande 
Basin Watershed Study, New Mexico, Colorado and Texas, the cost of in-
kind services contributed by the New Mexico Interstate Stream 
Commission for the Study up to the full amount of the required non-
Federal share, in accordance with the Agreement between the Commission 
and the Department of the Army dated December 3, 2001 as modified on 
January 14, 2002.
    Sec. 111. Section 121 of the Energy and Water Development 
Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2256) is 
amended by striking subsection (a) and inserting the following:
    ``(a) The Secretary of the Army may carry out and fund planning 
studies, watershed surveys and assessments, or technical studies at 100 
percent Federal expense to accomplish the purposes of the 2003 
Biological Opinion described in section 205(b) of the Energy and Water 
Development Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 
2949) as amended by subsection (b). In carrying out a study, survey, or 
assessment under this subsection the Secretary shall consult with 
Federal, State, tribal and local governmental entities, as well as 
entities participating in the Middle Rio Grande Endangered Species 
Collaborative Program referred to in section 205 of the Energy and 
Water Development Appropriations Act, 2007. The Secretary may also 
provide planning and administrative assistance to the Middle Rio Grande 
Endangered Species Collaborative Program, which assistance shall not be 
subject to cost sharing requirements with non-Federal interests.''.
    Sec. 112. Nothing in this Act or any other Act shall be construed 
to require a specific deadline for implementation of 33 CFR 222.5(f)(2) 
and (3).
    Sec. 113. The project for flood damage reduction, Rio de Flag, 
Flagstaff, Arizona, authorized in section 101(b)(3) of the Water 
Resources Development Act, 2000, is modified to authorize the Secretary 
to construct the project, at a total cost of $54,130,000, with an 
estimated Federal cost of $34,970,000, and an estimated non-Federal 
cost of $19,160,000.
    Sec. 114. Section 582(c)(2) of the Water Resources Development Act 
of 1999 (Public Law 106-53) is modified by striking ``$1,000,000'' and 
inserting ``$2,000,000'', in lieu thereof.
    Sec. 115. The project for flood control, Santa Ana River Mainstem, 
including Santiago Creek, California, authorized by section 401(a) of 
the Water Resources Development Act of 1986 (Public Law 99-662), 
modified by section 104 of the Energy and Water Development 
Appropriations Act, 1988 (Public Law 100-202), and by section 309 of 
the Water Resources Development Act of 1996 (Public Law 104-303), is 
further modified to authorize the Chief of Engineers to carry out the 
project at a total cost of $1,800,000,000.
    Sec. 116. The project for flood damage reduction and recreation, 
Upper Guadalupe River, California, authorized by section 101(a)(9) of 
the Water Resources Development Act of 1999 (113 Stat. 275), is 
modified to authorize the Secretary to construct the project generally 
in accordance with the Upper Guadalupe River Flood Damage Reduction, 
San Jose, California, Limited Reevaluation Report, dated March 2004, at 
a total cost of $244,500,000, with an estimated Federal cost of 
$130,600,000 and an estimated non-Federal cost of $113,900,000.
    Sec. 117. The Secretary of the Army, acting through the Chief of 
Engineers, is directed to convey at no cost, lands to Tate County 
School District, Tate County, Mississippi, the transfer of any real 
property interests, not to exceed 50 acres, at Arkabutla Lake deemed 
available by the Army that is located adjacent to school district 
property in the vicinity of State Highway 306 west of Coldwater, 
Mississippi. Such transfer shall be subject to the reservation of any 
required flowage easements for the operation of Arkabutla Lake and 
which preclude structures for human habitation. This property shall be 
used by the Tate County School District for public educational 
purposes.
    Sec. 118. Section 219(f) of the Water Resources Development Act of 
1992 (106 Stat. 4835; 113 Stat. 335-337; 114 Stat. 2763A-220-221) is 
amended by adding at the end the following--
            ``(72) Clark county, nevada.--$50,000,000 for wastewater 
        infrastructure, Clark County, Nevada.
            ``(73) Henderson, nevada.--$15,000,000 for wastewater 
        infrastructure, Henderson, Nevada.''.
    Sec. 119. Devils Lake, North Dakota. (a) Funding.--The matter under 
the heading ``Construction, General'' in title I of the Energy and 
Water Development Appropriations Act, 2003 (117 Stat. 134), is amended 
by striking ``as provided herein'' and all that follows through 
``Sheyenne River'' and inserting ``, of which $4,972,000 shall be used 
to provide a municipal water supply system for Devils Lake, North 
Dakota in accordance with section 598 of the Water Resources Act of 
1999''.
    (b) Municipal Water Supply System.--
            (1) In general.--The Water Resources Development Act of 
        1999 (Public Law 106-53; 113 Stat. 269) is amended by inserting 
        after section 597 the following:

``SEC. 598. DEVILS LAKE, NORTH DAKOTA.

    ``(a) Definition of Project.--In this section, the term `project' 
means a project to provide a continued safe and reliable municipal 
water supply system for Devils Lake, North Dakota.
    ``(b) Project Cooperation Agreement.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        shall enter into a project cooperation agreement with the non-
        Federal interest to provide assistance in designing and 
        constructing the project.
            ``(2) Responsibility for design work.--At the option of the 
        non-Federal interest, the non-Federal interest may complete the 
        design work for the project.
            ``(3) NEPA.--The Secretary shall comply with all applicable 
        requirements under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) before beginning construction on 
        the project.
            ``(4) Requirements.--The project cooperation agreement 
        entered into under this subsection shall provide for--
                    ``(A) the development by local officials of a water 
                supply project and related facilities, and if the non-
                Federal interest elects to complete the design work for 
                the project, appropriate engineering plans and 
                specifications; and
                    ``(B) the establishment of such legal and 
                institutional structures as are necessary to ensure the 
                effective long-term operation of the project by the 
                non-Federal interest.
            ``(5) Cost sharing.--
                    ``(A) In general.--The project cooperation 
                agreement shall provide that the Federal share of the 
                cost of the project--
                            ``(i) shall be 75 percent; and
                            ``(ii) may be in the form of grants or 
                        reimbursements of project costs.
                    ``(B) Credit for design and engineering work.--The 
                non-Federal interest shall receive credit, not to 
                exceed 6 percent of the total construction costs of 
                design and engineering work completed by the non-
                Federal interest before entering into a project 
                cooperation agreement with the Secretary under this 
                subsection for the project.
                    ``(C) Credit for land, easements, and rights-of-
                way.--The non-Federal interest shall receive credit, 
                not to exceed 25 percent of the total cost of the 
                project, for lands, easements, rights-of-way, and 
                relocations toward the non-Federal share of project 
                costs (including all reasonable costs associated with 
                obtaining permits necessary for the construction, 
                operation, and maintenance of the project on publicly 
                owned or controlled land).
                    ``(D) Operation and maintenance.--The non-Federal 
                share of operation and maintenance costs for the 
                project shall be 100 percent.''.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $15,000,000, to remain 
available until expended.
    Sec. 120. The Secretary of the Army, acting through the Chief of 
Engineers, is directed to fully utilize the Federal dredging fleet in 
support of all Army Corps of Engineers missions and no restrictions 
shall be placed on the use or maintenance of any dredge in the Federal 
Fleet.
    Sec. 121. The Secretary of the Army, acting through the Chief of 
Engineers, is directed to maintain the Federal dredging fleet to 
technologically modern and efficient standards.
    Sec. 122. The Secretary of the Army, acting through the Chief of 
Engineers is directed to utilize funds from the revolving fund to 
expeditiously undertake necessary health and safety improvements to the 
dredge ``McFarland'': Provided, That the Secretary shall ensure that 
the Revolving Fund is appropriately reimbursed from appropriations of 
the Corps' benefiting programs by collection each year of amounts 
sufficient to repay the capitalized cost of such construction and 
improvements.
    Sec. 123. The Secretary of the Army is authorized to use funds 
appropriated under the Missouri River Recovery and Mitigation Program 
to assist the Bureau of Reclamation in the design and construction of 
facilities of the Bureau of Reclamation's Lower Yellowstone Project 
near Intake, Montana, for the purpose of ecosystem restoration; and if 
appropriate may transfer such funds to the Bureau of Reclamation, which 
shall use such transferred funds for such purposes.
    Sec. 124. The U.S. Army Corps of Engineers' share of the total cost 
for projects and activities authorized under 16 U.S.C. 410-r-8 shall be 
limited to $34,650,000.
    Sec. 125. Sections 106 and 108 under title I of Public Law 109-103 
are repealed.
    Sec. 126. Section 227 of Public Law 104-303 is modified as follows:
            (1) Section 5(a) is amended by striking ``7'', and 
        inserting ``12'' in lieu thereof; and
            (2) section 5(e)(2) is amended by striking ``$25,000,000'', 
        and inserting ``$40,000,000'' in lieu thereof.
    Sec. 127. All budget documents and justification materials for the 
Corps of Engineers annual budget submission to Congress shall be 
assembled and presented based on the most recent annual appropriations 
Act: Provided, That new budget proposals for fiscal year 2008 and 
thereafter, shall not be integrated into the budget justifications 
submitted to Congress but shall be submitted separately from the budget 
justifications documents.
    Sec. 128. Connecticut River Watershed Study, New Hampshire, 
Connecticut, Massachusetts, and Vermont.--Notwithstanding section 221 
of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), The Nature 
Conservancy may act as the non-Federal 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.
    Sec. 129. The last sentence of section 215(a) of the Flood Control 
Act of 1968 (42 U.S.C. 1962d-5a(a)) is amended by striking 
``$5,000,000'' and inserting ``$7,000,000''.
    Sec. 130. Johnson Creek, Arlington, Texas. (a) In General.--The 
project for flood damage reduction, environmental restoration and 
recreation, Johnson Creek, Arlington, Texas, authorized by section 
101(b)(14) of the Water Resources Development Act of 1999 (113 Stat. 
280-281) is modified to authorize the Secretary to construct the 
project substantially in accordance with the report entitled Johnson 
Creek: A Vision of Conservation, dated March 30, 2006, at a total cost 
of $80,000,000, with an estimated Federal cost of $52,000,000 and an 
estimated non-Federal cost of $28,000,000 if the Secretary determines 
that the project is technically sound and environmentally acceptable.
    (b) Non-Federal Share.--
            (1) In general.--The non-Federal share of the cost of the 
        project may be provided in cash or in the form of in-kind 
        services or materials.
            (2) Credit and reimbursement.--The Secretary shall credit 
        toward the non-Federal share of the cost of the project the 
        cost of planning, design, and construction work carried out by 
        the non-Federal interest for implementation of the project, if 
        the Secretary determines that the work is integral to the 
        project. Subject to the availability of funds, the non- Federal 
        interest shall be reimbursed for costs incurred by the non-
        Federal interest that exceed the non-Federal share of project 
        costs.
    (c) Conforming Amendment.--Section 134 of the Energy and Water 
Development Appropriations Act, 2006 (119 Stat. 2264) is repealed.
    Sec. 131. McAlpine Lock and Dam, Indiana and Kentucky. Section 
101(a)(10) of the Water Resources Development Act of 1990, Public Law 
101-640, is amended by striking both occurrences of ``$219,600,000'' 
and inserting in their place ``$430,000,000''.
    Sec. 132. Authority to Waive Annual Limitation on Total 
Compensation Paid to Federal Civilian Employees. (a) Waiver 
Authority.--During 2006 and notwithstanding section 5547 of title 5, 
United States Code, the secretary of a military department may waive, 
subject to subsection (b), the limitation established in that section 
for total compensation (including limitations on the aggregate of basic 
pay and premium pay payable in a calendar year) 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.
    (b) $200,000 Maximum Total Compensation.--The total compensation of 
an employee whose pay is covered by a waiver under subsection (a) may 
not exceed $200,000 in a calendar year.
    (c) Additional Pay Not Considered Basic Pay.--To the extent that a 
waiver under subsection (a) results in payment of additional premium 
pay of a type that is normally creditable as basic pay for retirement 
or any other purpose, such additional pay--
            (1) shall not be considered to be basic pay for any 
        purpose; and
            (2) shall not be used in computing a lump sum payment for 
        accumulated and accrued annual leave under section 5551 of 
        title 5, United States Code.
    Sec. 133. The Secretary is authorized and directed to reimburse 
local governments for expenses they have incurred in storm-proofing 
pumping stations, constructing safe houses for operators, and other 
interim flood control measures in and around the New Orleans 
metropolitan area, provided the Secretary determines those elements of 
work and related expenses to be integral to the overall plan to ensure 
operability of the stations during hurricanes, storms and high water 
events and the flood control plan for the area.
    Sec. 134. Section 101(a)(5) of the Water Resources Development Act 
of 1996 (110 Stat. 3663) is amended--
            (1) by inserting ``(A) In General.--'' before ``The''; and
            (2) by adding at the end the following:
                    ``(B) Credit Toward Non-Federal Share.--The 
                Secretary shall credit toward the non-Federal share of 
                the project the costs expended by non-Federal interests 
                for the replacement and reconstruction of the Soquel 
                Avenue Bridge, if the Secretary determines that the 
                work is integral to the project.
                    ``(C) Maximum Amount of Credit.--The credit under 
                paragraph (B) may not exceed $2,000,000.
                    ``(D) Limitation of Total Project Cost.--The 
                Secretary shall not include the costs to be credited 
                under paragraphs (B) and (C) in total project costs in 
                determining the amounts of the Federal and non-Federal 
                contributions.''.
    Sec. 135. Missouri and Middle Mississippi Rivers Enhancement 
Project. Section 514(g) of the Water Resources Development Act of 1999 
(Public Law 106-53) is amended by striking the words ``for the period 
of fiscal years 2000 and 2001.'' and inserting in lieu thereof ``per 
year, and that authority shall extend until Federal fiscal year 
2015.''.

                                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.
    For fiscal year 2007, the Commission may use an amount not to 
exceed $1,500,000 for administrative expenses.

                         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, 
$888,994,000, to remain available until expended, of which $64,878,000 
shall be available for transfer to the Upper Colorado River Basin Fund 
and $27,552,000 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 the Bureau of Reclamation is authorized to determine the 
feasibility of rehabilitating the St. Mary Diversion and Conveyance 
Works in order to provide for sustained environmental and economic 
benefit within the St. Mary and Milk River Basins; and to develop an 
emergency response plan, in the case of a catastrophic failure of the 
St. Mary Diversion and Conveyance Works: Provided further, That the 
costs related to this feasibility study shall be expended on a non-
reimbursable basis: Provided further, That the Bureau of Reclamation is 
authorized to analyze, review, and enhance current cost and design 
estimates for the repair of the inlet and outlet canals of the Jackson 
Gulch, Mancos Project: Provided further, That the Federal share of the 
cost of the studies carried out under this section shall be expended on 
a non-reimbursable basis.

                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, consistent with plans 
to be approved by the Secretary of the Interior, $38,610,000, 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.

                       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 provisions

    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 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. Funds under this title 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. 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. 204. 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 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 
Secretary is also authorized to enter into grants or cooperative 
agreements with universities or non-profit research institutions to 
fund water use efficiency research.
    Sec. 205. (a) Section 209 of the Energy and Water Development 
Appropriations Act, 2004 (Public Law 108-137; 117 Stat. 1850) is 
repealed.
    (b) The Secretary of the Interior (referred to in this section as 
the ``Secretary'') shall establish an Executive Committee of the Middle 
Rio Grande Endangered Species Collaborative Program (referred to in 
this section as the ``Executive Committee'') consistent with section 5 
of the bylaws of the Middle Rio Grande Endangered Species Collaborative 
Program adopted on June 9, 2006.
    (c) In compliance with applicable Federal and State laws, the 
Secretary (acting through the Commissioner of Reclamation), in 
collaboration with the Executive Committee, may enter into any grants, 
contracts, cooperative agreements, interagency agreements, or other 
agreements that the Secretary determines to be necessary to comply with 
the 2003 Biological Opinion described in section 205(b) of the Energy 
and Water Development Appropriations Act, 2005 (Public Law 108-447; 118 
Stat. 2949) as amended by section 121(b) of the Energy and Water 
Development Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 
2256).
    (d)(1) The acquisition of water under subsection (c) and any 
administrative costs associated with carrying out subsection (c) shall 
be at full Federal expense.
    (2) Not more than 15 percent of amounts appropriated to carry out 
subsection (c) shall be made available for the payment of 
administrative expenses associated with carrying out that subsection.
    (e)(1) The non-Federal share of activities carried out under 
subsection (c) (other than an activity or a cost described in 
subsection (d)(1)) shall be 25 percent. The non-Federal cost share 
shall be determined on a programmatic, rather than a project-by-project 
basis.
    (2) The non-Federal share required under paragraph (1) may be in 
the form of in-kind contributions, the value of which shall be 
determined by the Secretary.
    (f) Nothing in this section modifies or expands the discretion of 
the Secretary with respect to operating reservoir facilities under the 
jurisdiction of the Secretary in the Rio Grande Valley, New Mexico.
    Sec. 206. In furtherance of section 529 of Public Law 106-541, the 
Secretary of the Interior shall continue to participate in 
implementation of the Project at Las Vegas Wash and Lake Mead in 
accordance with the Plan, and may provide grants to the Southern Nevada 
Water Authority to carry out the implementation of the Project at Las 
Vegas Wash and Lake Mead in accordance with the Plan: Provided, That 
issuance of any such grants shall not modify the cost sharing 
requirements provided in section 529(b) of Public Law 106-541.
    Sec. 207. Restoration of Fish, Wildlife, and Associated Habitats in 
Watersheds of Certain Lakes. In carrying out section 2507 of Public Law 
107-171, the Secretary of the Interior, acting through the Commissioner 
of Reclamation, shall use $5,000,000 to provide grants, to be divided 
equally, 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, Public Law 
101-618.
    Sec. 208. All American Canal Projects. Public Law 100-675 (102 
Stat. 4000 et seq.) is amended by adding at the end the following new 
section:

``SEC. 211. ALL AMERICAN CANAL PROJECTS.

    ``(a) Notwithstanding any other provision of law, upon enactment of 
this subsection, the Secretary shall without delay implement the All 
American Canal Lining Project identified as the preferred alternative 
in the Record of Decision dated July 29, 1994, and as defined in the 
Allocation Agreement allocating water from the All American Canal 
Lining Project entered into as of October 10, 2003. If a State conducts 
a review or study of the implications of the All American Canal Lining 
Project as implemented, then upon request from the Governor of said 
State, the Commissioner of Reclamation shall cooperate, to the extent 
practicable, in such review or study: Provided, That in no event shall 
the review or study delay implementation of the All American Canal 
Lining Project.
    ``(b) Notwithstanding any other provision of law, upon enactment of 
this subsection, the Secretary shall, pursuant to authority granted by 
the Act of January 21, 1927 (44 Stat. 1010 et seq.), as amended by the 
Act of July 1, 1940 (54 Stat. 708), the Act of June 28, 1946 (60 Stat. 
338), and the Act of May 1, 1958 (72 Stat. 101), without delay proceed 
to design and provide for the construction, operation and maintenance 
of a regulated water storage facility, including all incidental works 
that are reasonably necessary to operate the storage facility, to 
provide additional storage capacity to reduce non-storable flows on the 
Colorado River below Parker Dam. The storage facility shall be located 
near or on the All American Canal, including all incidental works.
    ``(c) The Treaty between the United States of America and the 
Republic of Mexico relating to Utilization of the Waters of the 
Colorado and Tijuana Rivers and of the Rio Grande, Treaty Series 994 
(59 Stat. 1219), is the exclusive authority for identifying, 
considering, analyzing, or addressing impacts occurring outside the 
boundary of the United States of works constructed, acquired or used 
within the territorial limits of the United States.''.

                               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, $2,294,053,000, to remain 
available until expended: Provided, That $300,000,000 is authorized to 
be appropriated for the Advanced Fuel Cycle Initiative and that 
$500,000,000 is authorized to be appropriated for nuclear energy 
research and development activities within the Department of Energy.

                         Clean Coal Technology

                 (deferral and rescission and transfer)

    Of the funds made available under this heading for obligation in 
prior years, $203,000,000 shall not be available until October 1, 2007: 
Provided, That funds made available in previous appropriations Acts 
shall be made available for any ongoing project regardless of the 
separate request for proposal under which the project was selected: 
Provided further, That $50,000,000 of uncommitted balances 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, 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), $644,267,000, to remain available 
until expended, of which $54,000,000 shall be derived by transfer from 
``Clean Coal Technology'' and 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, $70,000,000 is available, after coordination with the private 
sector, for a request for proposals for the Clean Coal Power Initiative 
in accordance with sections 401 and 402 of Public Law 109-58: Provided 
further, That funds appropriated for prior solicitations under the 
Clean Coal Technology Program, Power Plant Improvement Initiative, and 
Clean Coal Power Initiative, but not required by the Department to meet 
its obligations on projects selected under such solicitations, may be 
utilized for the solicitation under this Act in accordance with the 
requirements of this Act rather than the Acts under which the funds 
were appropriated: Provided further, That no project may be selected 
for which full funding is not available to provide for the total 
project: Provided further, That if applications selected for 
negotiation under this Act, are not awarded within two years from the 
date the application was selected, negotiations shall cease and the 
Federal funds committed to the application shall be applied to the next 
round of the Clean Coal Power Initiative, except that the time limits 
may be extended at the Secretary's discretion for matters outside the 
control of the applicant, or if the Secretary determines that extension 
of the time limits are in the public interest: Provided further, That 
the Department shall not finance more than 50 percent of the total 
costs of a project as estimated by the Department as of the date of 
award of financial assistance: Provided further, That financial 
assistance for costs in excess of those estimated as of the date of 
award of original financial assistance may not be provided in excess of 
the proportion of costs borne by the Government in the original 
agreement and only up to 25 percent of the original financial 
assistance: Provided further, That at least 50 percent cost-sharing 
shall be required in each budget period of a project: Provided further, 
That other appropriated funds are not cost-sharing for the purposes of 
this appropriation: Provided further, That funds derived by the 
Tennessee Valley Authority from its power program shall be considered 
as eligible to meet cost-sharing requirements except to the extent that 
such funds are provided by annual appropriations Acts: Provided 
further, That funds provided for Clean Coal Power Initiative 
cooperative agreements awarded pursuant to this Act shall not be 
subject to repayment in accordance with section 988 of Public Law 109-
58: Provided further, That no funds are appropriated hereunder to 
support centers for excellence under section 404 of Public Law 109-58: 
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 2007 salaries for 
Federal employees performing research and development activities 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 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, 
$39,810,000, 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, $93,032,000, 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 for replacement only, $310,358,000, 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, 
$573,368,000, to be derived from the Fund, to remain available until 
expended, of which $0 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, $4,241,062,000, 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, $136,420,000, to remain available until 
expended, of which $136,000,000 shall be derived from the Nuclear Waste 
Fund: Provided, That of the amounts provided, $10,000,000 shall be used 
to promote the development of one or more Department of Energy 
consolidation and preparation facilities for spent nuclear fuel at 
locations that are both (i) away from civilian nuclear power reactors, 
and (ii) in a State other than one in which there is located a site 
that has been either recommended by the President for a permanent 
repository for spent nuclear fuel and high-level radioactive waste, or 
for which the Nuclear Regulatory Commission has authorized the 
construction and operation of a commercial, away from reactor, dry 
storage facility for spent nuclear fuel: Provided further, 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 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 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 in this or any previous year: 
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 to units of local government by direct payment: 
Provided further, That within 90 days of the completion of each Federal 
fiscal year, the Nevada Division of Emergency Management and the 
Governor of the State of Nevada and each of the affected units of local 
government shall provide certification to the Department of Energy that 
all funds expended from such payments have been expended for activities 
authorized by the Act and this Act: Provided further, That failure to 
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 or any previous Act may be used to pursue repayment or 
collection of funds provided in any fiscal year to affected units of 
local government for oversight activities that had been previously 
approved by the Department of Energy, or to withhold payment of any 
such funds.

                      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, $281,382,000, 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 $158,382,000.

                    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; $6,503,051,000, to remain available 
until expended: Provided, That $112,422,000 is provided for the 04-D-
125 Chemistry and Metallurgy facility replacement project: Provided 
further, That $7,000,000 is provide for project engineering and design 
work on LANSCE-Replacement.

                    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, $1,572,654,000, 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, $386,576,000, 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, $5,479,070,000, to 
remain available until expended: Provided, That any penalties assessed 
for non-compliance with the Consent Order for the cleanup at Los Alamos 
National Lab shall be assessed to the Program Direction account.

                        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, $731,788,000, 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, $358,080,000, 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 the Lower 
Granite Dam fish trap, the Chief Joseph Dam Hatchery, the Kootenai 
River White Sturgeon Hatchery, the Nez Perce Tribal Hatchery, Redfish 
Lake Sockeye Captive Brood expansion, and, in addition, 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 
$34,392,000 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 $40,600,000 
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, $6,892,000 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 notwithstanding the provision of 31 U.S.C. 3302, 
up to $274,852,000 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, Lawrence 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 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) for a program if the program has not been funded 
by Congress.
    Sec. 305. Unexpend 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 Authority Service Territory. None of the 
funds in this or any other Act for the Administrator of the Bonneville 
Power Administration may be used to enter into any agreement to perform 
energy efficiency services outside the legally defined Bonneville 
service territory, with the exception of services provided 
internationally, including services provided on a 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 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 development: Provided, That the Secretary may 
also authorize a specific amount not to exceed 4 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, beginning in fiscal year 2006 and thereafter, all DOE 
laboratories may be eligible for laboratory directed research and 
development funding.
    Sec. 310. For fiscal year 2007 and each year thereafter, for the 
cost of guaranteed loans as authorized by section 1702(b)(2) of the 
Energy Policy Act of 2005, such sums as are hereafter derived from 
amounts received from borrowers pursuant to section 1702(b)(2) of that 
Act, to remain available until expended: Provided, That the source of 
such payments received from borrowers is not a loan or other debt 
obligation that is guaranteed by the Federal Government. In addition, 
for administrative expenses to carry out the guaranteed loan program, 
such sums as are hereafter derived from loan fees collected under 
section 1702(h) of the Energy Policy Act of 2006, which shall be 
transferred to and merged with the appropriation for ``Departmental 
Administration'', to be used only for the costs of administering the 
loan guarantee program authorized under that Act, and to remain 
available until expended.
    Sec. 311. To the extent the Secretary of Energy deems necessary to 
implement research and development activities at a site to establish 
and evaluate the technical feasibility of advanced recycling 
technologies, the Secretary of Energy may take title to spent fuel from 
civilian nuclear power reactors and transport such spent fuel to and 
store it at the site; provided that the Secretary shall remove from the 
site such spent fuel or any high-level radioactive waste resulting from 
processing the spent fuel not later than one year after the completion 
of the research and development activities.
    Sec. 312. For fiscal year 2007, except as otherwise provided by law 
in effect as of the date of this Act or unless a rate is specifically 
set by an Act of Congress thereafter, the Administrators of the 
Southeastern Power Administration, the Southwestern Power 
Administration, and the Western Area Power Administration, shall use 
the ``yield'' rate in computing interest during construction and 
interest on the unpaid balance of the costs of Federal power 
facilities. The yield rate shall be defined as the average yield during 
the preceding fiscal year on interest-bearing marketable securities of 
the United States which, at the time the computation is made, have 
terms of 15 years or more remaining to maturity.
    Sec. 313. Consolidation and Preparation Facilities. (a) 
Definitions.--
            (1) Accept, acceptance.--The terms ``accept'' and 
        ``acceptance'' mean the Secretary's act of taking possession 
        of, and title to, spent nuclear fuel or high-level radioactive 
        waste.
            (2) Civilian nuclear power reactor.--The term ``civilian 
        nuclear power reactor'' shall have the same meaning as provided 
        in the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et 
        seq.).
            (3) Commission.--The term ``Commission'' means the Nuclear 
        Regulatory Commission.
            (4) Consolidation and preparation facility.--The term 
        ``consolidation and preparation facility'' means a facility 
        designed and constructed for the receipt, handling, possession, 
        safeguarding, and storage of spent nuclear fuel and high-level 
        radioactive waste in accordance with this section.
            (5) Contracts.--The term ``contracts'' means the contracts 
        executed under section 302(a) of the Nuclear Waste Policy Act 
        of 1982, by the Secretary and any person who generates or holds 
        title to spent nuclear fuel or high-level radioactive waste of 
        domestic origin for acceptance of such waste or fuel by the 
        Secretary and the payment of fees to offset the Secretary's 
        expenditures.
            (6) Contract holders.--The term ``contract holders'' means 
        parties (other than the Secretary) to contracts.
            (7) Disposal.--The term ``disposal'' shall have the same 
        meaning as provided in the Nuclear Waste Policy Act of 1982 (42 
        U.S.C. 10101 et seq.).
            (8) Repository.--The term ``repository'' shall have the 
        same meaning as provided in the Nuclear Waste Policy Act of 
        1982 (42 U.S.C. 10101 et seq.).
            (9) Secretary.--The term ``Secretary'' shall mean the 
        Secretary of Energy.
            (10) Storage.--The term ``storage'' shall have the same 
        meaning as provided in the Nuclear Waste Policy Act of 1982 (42 
        U.S.C. 10101 et seq.).
    (b) Acceptance.--
            (1) Acceptance for shut down reactors.--If a civilian 
        nuclear power reactor has reached the end of its useful life or 
        has been shut down permanently for whatever reason, the 
        Secretary, at the request of the contract holder or the 
        successor thereto, shall assume--
                    (A) the title to the high-level nuclear waste and 
                spent nuclear fuel remaining at the site of the 
                shutdown facility; and
                    (B) responsibility for the storage of the high-
                level radioactive waste and spent nuclear fuel at the 
                site of the shutdown facility until such time as the 
                high-level radioactive waste or spent nuclear fuel can 
                be moved to another site for storage or disposal.
            (2) Acceptance for storage at consolidation and preparation 
        facilities.--
                    (A) Acceptance.--The Secretary shall accept spent 
                nuclear fuel and high-level radioactive waste at 
                facilities designated by contract holders pursuant to 
                the contracts, for storage at consolidation and 
                preparation facilities constructed pursuant to this 
                section.
                    (B) Priority.--After receipt of a license to 
                construct and operate an consolidation and preparation 
                facility under this section, the Secretary shall, to 
                the greatest extent practicable, accept fuel eligible 
                to be moved to that consolidation and preparation 
                facility based upon the Acceptance Priority Ranking 
                established under part 961 of title 10, Code of Federal 
                Regulations.
    (c) Transportation.--The Secretary shall provide for the 
transportation of spent nuclear fuel and high-level radioactive waste 
accepted by the Secretary. The Secretary shall procure all systems and 
components necessary to transport spent nuclear fuel and high-level 
radioactive waste from facilities designated by contract holders to the 
consolidation and preparation facilities. Transportation of spent 
nuclear fuel under this section shall be subject to licensing and 
regulation by the Commission and by the Secretary of Transportation as 
provided for transportation of commercial spent nuclear fuel under 
existing law.
    (d) Designation and Construction of Consolidation and Preparation 
Facility Sites.--
            (1) Designation of consolidation and preparation facility 
        sites.--
                    (A) Within 90 days of the issuance of the report 
                under paragraph (4)(C), the Secretary, in consultation 
                with the Governor of each State containing the site of 
                a civilian nuclear power reactor, shall designate an 
                eligible site within that State for the location of a 
                consolidation and preparation facility for spent 
                nuclear fuel stored within that State, unless the 
                Secretary determines that designation of such a site is 
                not feasible or desirable. During the consultation, the 
                Governor may nominate an eligible site or sites.
                    (B) Within 90 days of the issuance of the report 
                under paragraph (4)(C), the Secretary may determine 
                that it is in the national interest to locate a 
                regional consolidation and preparation facility and on 
                that basis designate an eligible site for that purpose, 
                except that no eligible site shall be designated for a 
                regional consolidation and preparation facility in a 
                State in which a site has been designated pursuant to 
                (1)(A).
            (2) Eligible sites.--Subject to the limitations set forth 
        in subsection (3), any site that is within a State that 
        contains a civilian nuclear power reactor that is owned by the 
        Federal Government or that can be purchased by the Federal 
        government from any willing seller is eligible for designation 
        by the Secretary pursuant to (d)(1).
            (3) Ineligible sites.--No site can be designated for the 
        location, construction and operation of a consolidation and 
        preparation facility for spent nuclear fuel--
                    (A) in any State in which there is located any site 
                selected for a repository under section 115 of the 
                Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et 
                seq.);
                    (B) in any State in which the Nuclear Regulatory 
                Commission has authorized the construction and 
                operation of commercial, away from reactor, above 
                ground dry cask storage facility for spent nuclear fuel 
                that is currently authorized to receive additional 
                spent nuclear fuel; or
                    (C) which includes lands within the National Park 
                System, National Forests or Wildlife Refuges or lands 
                managed by the Bureau of Land Management that are 
                within a conservation system unit.
            (4) Director of consolidation and preparation.--
                    (A) Within 60 days of enactment of this Act, the 
                Secretary shall designate a Director of Consolidation 
                and Preparation.
                    (B) Within 180 days of enactment of this Act, the 
                Director of Consolidation and Preparation, in 
                consultation with the Governor of each State containing 
                the site of a civilian nuclear power reactor, shall 
                evaluate the feasibility and desirability of locating a 
                consolidation and preparation facility within each 
                State containing a civilian nuclear power reactor, and 
                shall make recommendations to the Secretary regarding 
                methods to most efficiently and expeditiously locate 
                such a facility in each State containing a civilian 
                nuclear power reactor.
                    (C) The Coordinator shall issue a report of 
                findings to the Secretary and such report shall be 
                provided to the relevant Congressional Committees of 
                jurisdiction, and published in the Federal Register for 
                comment.
            (5) License application.--No later than 30 days after the 
        date on which the Secretary designates a consolidation and 
        preparation facility site under paragraphs (1)(A) or (1)(B) of 
        this subsection, the Secretary shall submit a license 
        application and an environmental report to the Commission in 
        accordance with applicable regulations (subpart B of part 72 of 
        title 10, Code of Federal Regulations, and subpart A of part 51 
        of title 10, Code of Federal Regulations, respectively). The 
        license application shall be for a term of 25 years, and the 
        license shall be non-renewable.
            (6) Design.--
                    (A) The design for the consolidation and 
                preparation facilities shall provide for the use of 
                storage technologies which are licensed, approved, or 
                certified by the Commission, to ensure compatibility 
                between the consolidation and preparation facilities 
                and contract holders' spent nuclear fuel and 
                facilities.
                    (B) The Secretary shall consent to an amendment to 
                the contracts to provide for reimbursement to contract 
                holders for transportable storage systems purchased by 
                contract holders if the Secretary determines that it is 
                cost effective to use such transportable storage 
                systems, provided that the Secretary shall not be 
                required to expend any funds to modify contract 
                holders' storage or transport systems or to seek 
                additional regulatory approvals in order to use such 
                systems.
            (7) Authorization.--There is authorized to be appropriated 
        to carry out this subsection $10,000,000 for each of fiscal 
        years 2007 through 2011.
    (e) License Amendments.--The Secretary may seek such amendments to 
the licenses for the consolidation and preparation facilities as the 
Secretary may deem appropriate, including amendments to use new storage 
technologies licensed by the Commission or to respond to changes in 
Commission regulations.
    (f) Commission Actions.--
            (1) The issuance of a license to construct and operate the 
        consolidation and preparation facilities shall be considered a 
        major Federal action significantly affecting the quality of the 
        human environment for purposes of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.). Prior to issuing a 
        license under this section, the Commission shall prepare a 
        final environmental impact statement in accordance with the 
        National Environmental Policy Act of 1969, the Commission's 
        regulations. The Commission shall ensure that this 
        environmental impact statement is consistent with the scope of 
        the licensing action and shall analyze the impacts of 
        transportation of spent nuclear fuel and high-level radioactive 
        waste to the consolidation and preparation facility.
            (2) Consideration.--Such environmental impact statement 
        shall not consider the environmental impacts of the storage of 
        spent nuclear fuel and high-level radioactive waste at the 
        consolidation and preparation facility beyond the term of the 
        license.
    (g) Preliminary Decisionmaking Activities.--The Secretary's 
activities under this section, including, but not limited to, the 
selection of sites for the consolidation and preparation facilities, 
assessments, the preparation and submittal of a license application and 
supporting documentation, the construction and use of a facility 
licensed by the Commission pursuant to this section shall be considered 
preliminary decisionmaking activities for purposes of judicial review. 
The Secretary shall not prepare an environmental impact statement under 
section 102(2)(C) of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332(2)(C)) or any environmental review under subparagraph (E) 
or (F) of such Act before conducting these activities.
    (h) Judicial Review.--Judicial review of the Commission's 
environmental impact statement under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) shall be consolidated with 
judicial review of the Commission's licensing decision.
    (i) Licensing Deadline.--The Commission shall issue a final 
decision granting or denying a license for a consolidation and 
preparation facility not later than 32 months after the date of 
submittal of the application for such license.
    (j) Waste Confidence.--The provisions of this Act, and the 
Secretary's obligation to develop a repository in accordance with the 
provisions of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et 
seq.), shall provide sufficient and independent grounds for any further 
findings by the Commission of reasonable assurance that spent nuclear 
fuel and high-level radioactive waste will be disposed of safely and on 
a timely basis for purposes of the Commission's decision to grant or 
amend any license to operate any civilian nuclear power reactor under 
the Atomic Energy Act of 1954 (42 U.S.C. 2011, et seq.).
    (k) Expenditures From the Nuclear Waste Fund.--Notwithstanding the 
provisions of section 302(d) of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10222(d)), the Secretary shall make expenditures from the 
Waste Fund for the identification, development, licensing, 
construction, operation, decommissioning of any consolidation and 
preparation facility constructed under this section, any costs that may 
be incurred by the Secretary in connection with the transportation, 
treating, or packaging of spent nuclear fuel or high-level radioactive 
waste to be stored in a consolidation and preparation facility 
authorized under this section and any cost that may be incurred as a 
result of the Secretary's obligation to accept and store high level 
nuclear waste and spent fuel under subsection (b)(1) of this section.
    (l) Consolidation and Preparation Fund.--Section 136 of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10157) shall not apply to 
consolidation and preparation facilities authorized under this Act.
    Sec. 314. Nuclear Medicine. For fiscal year 2007, the Secretary 
shall use funding provided by section 1001(e) of title X of the Energy 
Policy Act of 2005, to support nuclear medicine research within the 
Office of Science, Biological and Environmental Research program.

                                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, $65,472,000, to 
remain available until expended: Provided, That any congressionally 
directed spending shall be taken from within that State's allocation in 
the fiscal year in which it is provided.

                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, $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 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.

                General Provisions, Independent Agencies

    Sec. 401. Section 306(c)(1) of title III as contained in division C 
of the Omnibus Consolidated and Emergency Supplemental Appropriations 
Act of 1999 (Public Law 105-277) is amended by inserting ``and 
terminate'' after ``appoint''.
    Sec. 402. Section 309(a) of title III as contained in division C of 
the Omnibus Consolidated and Emergency Supplemental Appropriations Act 
of 1999 (Public Law 105-277) is amended by striking ``2000, 2001, 2002, 
and 2003'' and inserting in lieu thereof: ``2007, 2008, 2009, 2010, and 
2011.''.

                                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.
    Sec. 503. Notwithstanding part 750 of title 23, Code of Federal 
Regulations (or a successor regulation), if permitted by State law, a 
legal nonconforming sign constructed in a commercial or industrial area 
on or after October 22, 1965, that is or has been damaged or destroyed 
as a result of a natural disaster (as defined in 42 U.S.C. 6195A) that 
occurs after August 1, 2004, may be repaired, replaced or reconstructed 
at the same location to its original height and size using like 
materials. The provisions of this section shall not preempt State or 
local law or ordinance. The Secretary shall not reduce or withhold 
Federal-aid highway funds apportioned to a State that complies with 
these provisions and shall report to the Congress within 36 months with 
respect to the impact of these provisions on the public interest.
    Sec. 504. The fiscal year 2008 budget justifications are due to the 
appropriate Senate Appropriations subcommittees no later than the day 
the President's fiscal year 2008 budget is released: Provided, That the 
amount appropriated for salaries and expenses for the Office of 
Management and Budget shall be reduced by $100,000 per day for each day 
after the required date that the budget justifications have not been 
submitted to the Senate.
    Sec. 505. No funds provided in this Act may be used to undertake 
any 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, unless and until the 
Bureau of Reclamation completes its special report to update the 
analysis of the costs and associated benefits of the Auburn-Folsom 
South Unit of the Central Valley Project, and includes in its cost-
benefit analysis an assessment of the following:
            (1) an updated evaluation of seismic hazard issues, 
        prepared in consultation with the United States Geological 
        Survey, including both the seismicity of the region and the 
        level of enhanced seismic risk associated with creating a 
        reservoir containing fluctuating water levels;
            (2) an estimate of the cost-per-acre-foot of new water 
        supply provided by the project, and a comparison to other 
        potential sources of new supply; and
            (3) an estimate of the project's additional flood control 
        benefits and the cost of those benefits.
    This Act may be cited as the ``Energy and Water Appropriations Act, 
2007''.
            Amend the title so as to read: ``An Act making 
        appropriations for energy and water for the fiscal year ending 
        September 30, 2007, and for other purposes.''.


                                                       Calendar No. 504

109th CONGRESS

  2d Session

                                H.R. 5427

                          [Report No. 109-274]

_______________________________________________________________________

                                 AN ACT

 Making appropriations for energy and water development for the fiscal 
        year ending September 30, 2007, and for other purposes.

_______________________________________________________________________

                              May 25, 2006

  Received; read twice and referred to the Committee on Appropriations

                             June 29, 2006

        Reported with an amendment and an amendment to the title

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