S.1751 - Energy and Water Development Appropriations Act, 2008110th Congress (2007-2008)
Bill
Hide Overview| Sponsor: | Sen. Dorgan, Byron L. [D-ND] (Introduced 07/09/2007) |
|---|---|
| Committees: | Senate - Appropriations |
| Committee Reports: | S. Rept. 110-127 |
| Latest Action: | Senate - 07/09/2007 Placed on Senate Legislative Calendar under General Orders. Calendar No. 263. (All Actions) |
| Notes: | For further action, see H.R. 2764, Consolidated Appropriations Act, 2008. |
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Placed on Calendar Senate (07/09/2007)
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 1751 Placed on Calendar Senate (PCS)]
Calendar No. 263
110th CONGRESS
1st Session
S. 1751
[Report No. 110-127]
Making appropriations for energy and water development for the fiscal
year ending September 30, 2008, and for other purposes.
Rule___________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 9, 2007
Mr. Dorgan, from the Committee on Appropriations, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
Making appropriations for energy and water development for the fiscal
year ending September 30, 2008, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2008, 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 and storm damage reduction,
shore protection, 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 and storm damage
reduction, shore protection, 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, $172,147,000, to
remain available until expended.
construction, general
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, 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);
$2,059,474,000, 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 $2,000,000 of the funds provided herein
for the Hawaii Water Management Project: Provided further, That the
Chief of Engineers is directed to use $8,500,000 of the funds
appropriated herein for planning, engineering, design or construction
of the Grundy, Buchanan County, and Dickenson County, Virginia,
elements of the Levisa and Tug Forks of the Big Sandy River and Upper
Cumberland River Project: Provided further, That the Chief of Engineers
is directed to use $18,000,000 of the funds appropriated herein to
continue 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 use $3,000,000 of the funds provided herein to
initiate planning and design of a rural health care facility on the
Fort Berthold Reservation of the Three Affiliated Tribes, North Dakota:
Provided further, That 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 $18,500,000
available for the American River Watershed (Folsom Dam Mini-Raise),
California, project, $14,000,000 of those funds be directed for
completion of the permanent bridge, with all remaining devoted to the
Mini-Raise: Provided further, That the Secretary of the Army shall use
up to $6,000,000 including the prior unobligated balance of $4,972,000
from the Devils Lake Outlet, North Dakota, project for the 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.
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, $375,000,000, to remain available until expended,
of which such sums as are necessary to cover the Federal share of
operation and maintenance costs for inland harbors shall be derived
from the Harbor Maintenance Trust Fund: Provided, That the Chief of
Engineers is directed to use $10,000,000 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 $10,000,000 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, $2,291,971,000, 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,
2007, and September 30, 2008.
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, $50,000,000, to remain available until expended.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $180,000,000, to remain
available until expended.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work 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, $175,000,000,
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)
For the Office of the Assistant Secretary of the Army (Civil
Works), $4,500,000 is provided.
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.--For a base level over
$100,000, reprogramming of 25 percent of the base amount up to
a limit of $150,000 per project, study or activity is allowed:
Provided, That for a base level less than $100,000, the
reprogramming limit is $25,000: Provided further, That $25,000
may be reprogrammed into any continuing study or activity that
did not receive an appropriation: Provided further, That
reprogrammings that exceed these limits must be submitted to
the House and Senate Subcommittees for approval;
(3) Construction, general.--For a base level over
$2,000,000, reprogramming of 15 percent of the base amount up
to a limit of $3,000,000 per project, study or activity is
allowed: Provided, That for a base level less than $2,000,000,
the reprogramming limit is $300,000: Provided further, That
$300,000 may be reprogrammed into any continuing study or
activity that did not receive an appropriation: Provided
further, That up to $3,000,000 may be reprogrammed for settled
contractor claims, accelerated earnings, or real estate
deficiency judgments: Provided further, That reprogrammings
that exceed these limits must be submitted to the House and
Senate Subcommittees for approval;
(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 a base level over $1,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$5,000,000 per project, study or activity is allowed: Provided
further, That for a base level less than $1,000,000, the
reprogramming limit is $150,000: Provided further, That
$150,000 may be reprogrammed into any continuing study or
activity that did not receive an appropriation: Provided
further, That reprogrammings that exceed these limits must be
submitted to the House and Senate Subcommittees for approval;
(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. None of the funds in this Act, or previous Acts, making
funds available for Energy and Water Development, shall be used to
implement any pending or future competitive sourcing actions under OMB
Circular A-76 or High Performing Organizations for the U.S. Army Corps
of Engineers.
Sec. 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, ch. 795) and
the Act of July 24, 1946 (60 Stat. 636, ch. 595).
(b) Existing Reallocations.--Subsection (a) shall not apply to any
water reallocation for Lake Cumberland, Kentucky, that is carried out
subject to an agreement or payment schedule in effect on the date of
enactment of this Act.
Sec. 107. 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) and the collaborative program long-
term plan. In carrying out a study, survey, or assessment under this
subsection, the Secretary of the Army shall consult with Federal,
State, tribal and local governmental entities, as well as entities
participating in the Middle Rio Grande Endangered Species Collaborative
Program referred to in section 205 of the Energy and Water Development
Appropriations Act, 2008. The Secretary of the Army may also provide
planning and administrative assistance to the Middle Rio Grande
Endangered Species Collaborative Program, which shall not be subject to
cost sharing requirements with non-Federal interests.''.
Sec. 112. None of the funds provided in this or prior Acts shall be
expended on the update of the disputed water control manuals for the
Apalachicola-Chattahoochee-Flint Rivers without the approval of the
States of Alabama, Florida, and Georgia or for the Alabama-Coosa-
Tallapoosa Rivers without the approval of the States of Alabama and
Georgia or until such time as all legal proceedings in relation to the
water use disputes are concluded and all appeals exhausted.
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 594 of the Water Resources Development Act of
1999 is amended by striking ``SEC. 594. OHIO.'' and inserting in lieu
thereof ``SEC. 594. OHIO AND NORTH DAKOTA.'' and in (a) strike
``Ohio.'' and insert in lieu thereof ``Ohio and North Dakota.'' and in
(b) strike ``Ohio,'' and insert in lieu thereof ``Ohio and North
Dakota,'' and in (g) strike ``$240,000,000.'' and insert in lieu
thereof ``$240,000,000 for Ohio and $100,000,000 for North Dakota.''
Sec. 119. The Secretary of the Army, acting through the Chief of
Engineers, is directed and authorized to conduct preconstruction
engineering and design activities at full Federal expense for the
Kahuku Storm Damage Reduction Project, Oahu, Hawaii, which includes
interior drainage and related improvements to be constructed on lands
that may include Federal land, the cost of the preconstruction,
engineering, and design activities shall be included in total project
costs to be cost shared at the rate of 65 percent Federal and 35
percent non-Federal, as a part of construction and the Decision
Document contents shall be limited to a design analysis and supporting
NEPA documentation for drainage improvements.
Sec. 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 $69,650,000.
Sec. 125. Section 108 under title I of Public Law 109-103 is
repealed.
Sec. 126. Section 227 of Public Law 104-303 is amended in section
5(a) by striking ``7'', and inserting ``12'' 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. The Secretary of the Army acting through the Chief of
Engineers is directed to plan, design, and construct a rural health
care facility on the Fort Berthold Indian Reservation of the Three
Affiliated Tribes, North Dakota, at an estimated Federal cost of
$20,000,000. The Secretary shall transfer this facility to the
Secretary of the Interior for operation and maintenance upon the
completion of construction.
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 ``$219,000,000''
and inserting in their place ``$430,000,000''.
Sec. 132. 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. 133. 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. 134. 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.''.
Sec. 135. The project for flood damage reduction, Nogales Wash,
Arizona, authorized in section 101(a)(4) of the Water Resources
Development Act, 1990, is modified to authorize the Secretary to
construct the project, at a total cost of $24,500,000, with an
estimated Federal cost of $19,500,000, and an estimated non-Federal
cost of $5,000,000.
Sec. 136. The project for flood damage reduction, Tucson Drainage
Area, Arizona, authorized in section 101(a)(5) of the Water Resources
Development Act, 1999, is modified to authorize the Secretary to
construct the project, at a total cost of $66,700,000, with an
estimated Federal cost of $43,350,000, and an estimated non-Federal
cost of $23,350,000.
Sec. 137. Section 219(f) of the Water Resources Development Act of
1992 (Public Law 102-580, 106 Stat. 4835 et seq.), as amended, is
further amended by striking subsection ``(71) Coronado, California'',
in its entirety and inserting the following:
``(71) Coronado, california.
``(A) $10,000,000 is authorized for wastewater
infrastructure, Coronado, California.
``(B) The Federal Share may be in the form of
grants or reimbursements of project costs incurred by
the non-Federal sponsor for work performed by the non-
Federal sponsor before or after the execution of a
project cooperation agreement, if the Secretary
determines that such work is integral to the project.
``(C) The Secretary is authorized to credit towards
the non-Federal share of project costs the costs
incurred by the non-Federal sponsor for work performed
by the non-Federal sponsor before or after the
execution of a project cooperation agreement, if the
Secretary determines that such work is integral to the
project.''
Sec. 138. Section 595(h) of the Water Resources Development Act of
1999 (113 Stat. 384; 117 Stat. 142; 117 Stat. 1836) is amended by
striking ``New Mexico, and rural Utah'' and inserting ``and New Mexico
and $50,000,000 for Rural Utah''.
Sec. 139. Navajo Reservation, Arizona, New Mexico, and Utah.--
Section 520(b) of the Water Resources Development Act of 1999 (Public
Law 106-53; 113 Stat. 345) is amended by inserting after the second
sentence ``The local match for the funds appropriated for flood plain
delineation on the Navajo reservation in Arizona, New Mexico, and Utah
may be provided as in-kind services.''.
Sec. 140. 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. 141. Chicago Sanitary and Ship Canal Dispersal Barriers
Project, Illinois. (a) In General.--The Chicago Sanitary and Ship Canal
Dispersal Barrier Project (referred to in this Act as ``Barrier I'')
(as in existence on the date of enactment of this Act), constructed as
a demonstration project under section 1202(i)(3) of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4722(i)(3)), and the project relating to the Chicago Sanitary and Ship
Canal Dispersal Barrier, as authorized by section 345 of the District
of Columbia Appropriations Act, 2005 (Public Law 108-335; 118 Stat.
1352) (referred to in this Act as ``Barrier II''), shall be considered
to constitute a single project.
(b) Activities Relating to Barrier I and Barrier II.--
(1) Duties of secretary of the army.--The Secretary of the
Army (referred to in this Act as the ``Secretary'') shall, at
full Federal expense--
(A) upgrade and make permanent Barrier I;
(B) construct Barrier II, notwithstanding the
project cooperation agreement with the State of
Illinois dated June 14, 2005;
(C) operate and maintain Barrier I and Barrier II
as a system to optimize effectiveness;
(D) conduct, in consultation with appropriate
Federal, State, local, and nongovernmental entities, a
study of a full range of options and technologies for
reducing impacts of hazards that may reduce the
efficacy of the Barriers; and
(E) provide to each State a credit in an amount
equal to the amount of funds contributed by the State
toward Barrier II.
(2) Application of credit.--A State may apply a credit
received under paragraph (1)(E) to any cost-sharing
responsibility for an existing or future Federal project with
the Corps of Engineers in the State.
(c) Feasibility Study.--The Secretary, in consultation with
appropriate Federal, State, local, and nongovernmental entities, shall
conduct a feasibility study, at full Federal expense, of the range of
options and technologies available to prevent the spread of aquatic
nuisance species between the Great Lakes and Mississippi River Basins
through the Chicago Sanitary and Ship Canal and other aquatic pathways.
(d) Conforming Amendment.--Section 345 of the District of Columbia
Appropriations Act, 2005 (Public Law 108-335; 118 Stat. 1352) is
amended to read as follows:
``Sec. 345. There are authorized to be appropriated such sums as
are necessary to carry out the Barrier II project of the project for
the Chicago Sanitary and Ship Canal Dispersal Barrier, Illinois,
initiated pursuant to section 1135 of the Water Resources Development
Act of 1986 (33 U.S.C. 2309a).''.
Sec. 142. None of the funds provided in this or prior Acts may be
used by the Secretary of the Army for projects and activities
authorized under 16 U.S.C. 410-r-8 unless they are matched by an equal
cost share from the Department of the Interior: Provided, That the
Department of the Interior's share of the cost may not be provided as
in-kind services or credit for previous work performed: Provided
further, That the Secretary of the Army may not transfer funds to the
Secretary of the Interior for projects and activities authorized under
16 U.S.C. 410-r-8.
Sec. 143. The Secretary of the Army may, under such terms and
conditions as the Secretary deems appropriate, contract with any public
or private entity to provide visitor reservation services. Any such
contract in effect on or after October 1, 2004, may provide that the
contractor shall be permitted to deduct a commission to be fixed by the
Secretary from the amount charged the public for providing such
services and to remit the net proceeds therefrom to the contracting
agency.
Sec. 144. The project for flood control, Redwood River, Marshall,
Minnesota, authorized by section 401(a) of the Water Resources
Development Act of 1986 and modified by section 4(k) of the Water
Resources Development Act of 1988 is further modified to authorize the
Secretary to construct the project at a total cost of $11,863,000, with
an estimated first Federal cost of $8,722,000 and an estimated first
non-Federal cost of $3,141,000.
Sec. 145. The project for St. John's Bayou and New Madrid Floodway
in the State of Missouri as authorized by subsection (d) of the matter
under the heading ``Lower Mississippi River'' under section 203 of the
Flood Control Act of 1954 (68 Stat. 1258) and section 401(a) of the
Water Resources Development Act of 1986 (100 Stat. 4118), and as
modified by section 331 of the Water Resources Development Act of 1996
(110 Stat. 3658), is economically justified and environmentally
acceptable and the Secretary shall, subject to the availability of
funds, construct this project in a manner that is consistent with the
terms and conditions described in the June 2002 Revised Supplemental
Impact Statement, as supplemented by the March 2006 Revised
Supplemental Environmental Impact Statement 2 for this project:
Provided, That the levee closure and gravity structure at the south end
of the New Madrid Floodway portion of the Project are part of the
Mississippi River Levee feature of the Mississippi River and
Tributaries Project and are not a separable element of that Project.
Sec. 146. Title II, chapter 3 of Public Law 109-234 under the
heading ``Construction'' is modified by striking ``construction:
Provided,'' and inserting in lieu thereof ``: Provided, That the
Secretary of the Army, in implementing projects and measures in the New
Orleans metropolitan area required to achieve certification for
participation in the National Flood Insurance Program as directed in
Public Law 109-234 shall include all authorized features of the
Southeast Louisiana Flood Control project and related internal pumping
requirements as integral elements of the comprehensive protection
system for the area and shall complete all authorized work for the
Southeast Louisiana project concurrently and integrally with other area
projects: Provided further,''.
Sec. 147. Funds provided in title V, chapter 3 of Public Law 110-28
under the heading ``Construction'' may be used for restoration of shore
protection projects in New Jersey damaged by the same meteorological
events that resulted in Presidential Disaster Declaration FEMA-1694-DR.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $41,380,000, to remain available until expended, of
which $976,000 shall be deposited into the Utah Reclamation Mitigation
and Conservation Account for use by the Utah Reclamation Mitigation and
Conservation Commission.
In addition, for necessary expenses incurred in carrying out
related responsibilities of the Secretary of the Interior, $1,620,000,
to remain available until expended.
For fiscal year 2008, the Commission may use an amount not to
exceed $1,500,000 for administrative 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,
$950,106,000, to remain available until expended, of which $62,865,000
shall be available for transfer to the Upper Colorado River Basin Fund
and $27,675,000 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 funds provided for the Friant-Kern and Madera Canals
improvements may 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, $51,622,000, 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, $40,750,000, 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, $58,811,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provisions
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed 14 passenger motor vehicles 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 the bylaws
of the Middle Rio Grande Endangered Species Collaborative Program
adopted on October 2, 2006.
(c) In compliance with applicable Federal and State laws, the
Secretary (acting through the Commissioner of Reclamation), in
collaboration with the Executive 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) or in furtherance of the objectives set forth in the
collaborative program long-term plan.
(d)(1) The acquisition of water under subsection (c) and any
administrative costs associated with carrying out subsection (c) shall
be at full Federal expense.
(2) Not more than 15 percent of amounts appropriated to carry out
subsection (c) shall be made available for the payment of
administrative expenses associated with 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 in consultation with the executive
committee.
(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 $7,000,000 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. Using amounts made available under section 2507 of the
Farm and Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law
107-171), the Secretary shall provide--
(1) acting through the Commissioner of Reclamation,
(A) $3,000,000 for implementation of the Carson
Lake and Pasture Transfer Act, Public Law 101-618,
title II, section 206;
(B) $10,000,000 for the removal of the Numana Dam
and other obsolete irrigation structures located on the
Pyramid Lake Paiute Reservation;
(C) $5,000,000 to be used, in consultation with the
Army Corps of Engineers where applicable, to study and
prepare plans for the development and construction of a
pipeline to convey water from the Dixie Valley to
Churchill County, Nevada;
(D) $10,000,000 for improvements to the Derby Dam
Fish Screen and Ladder to allow passage of the
endangered cui-ui fish; and
(E) $6,000,000 for the acquisition of two small
hydro-electric powerplants from the Sierra Pacific
Power Company to improve water allocations to the
Truckee River and improve fish passage.
(2) $10,000,000 to the Truckee Meadows Water Authority and
a nonprofit conservation organization for the acquisition and
protection of Independence Lake;
(3) $6,000,000 to be transferred to the Army Corps of
Engineers for the Assistant Secretary of the Army, acting
through the Chief of Engineers to construct Lower Truckee
Restoration Projects identified by the cities of Reno and
Sparks, Nevada, and Washoe County, Nevada;
(4) $2,000,000 to the Summit Lake Tribe to plan and
complete restoration efforts at the Summit Lake desert terminus
lake in Northern Washoe County, Nevada;
(5) $4,000,000 to the Newlands Project Water Rights Fund
for a Federal, State, Pyramid Lake Paiute Tribe program for the
retirement of water rights pursuant to title II of Public Law
101-618, the Truckee-Carson-Pyramid Lake Water Rights
Settlement Act;
(6) $3,000,000 to be transferred to the Department of the
Interior, Fish and Wildlife Service, to analyze in cooperation
and consultation with external experts, the impacts of low
water flows on reproduction at the Walker Lake fishery,
including means to prevent permanent effects on the fishery
from low water flows;
(7) $5,000,000 for the State of Nevada to prepare watershed
inventories, with a particular focus on the Walker and Carson
Basins;
(8) $5,000,000 for joint planning and development
activities for wastewater and sewer facilities by the city of
Fernley and the Pyramid Lake Paiute Tribe; and
(9) $500,000 for the Walker River Paiute Tribe for legal
and professional services in support of settling tribal water
claims in the Walker River Basin and to Walker Lake.
Sec. 209. Section 10(a) of the Mni Wiconi Project Act of 1988
(Public Law 100-516; 102 Stat. 2571; 116 Stat. 3033) is amended in the
second sentence by striking ``2008'' and inserting ``2013''.
Sec. 210. Tularosa Basin National Desalination Research Facility.
Section 210 of Public Law 108-137 (117 Stat. 1850 ) is amended--
(1) by striking in subsection (a), ``testing and
operation'' and replacing it with ``and testing''; and
(2) inserting after subsection (b) the following:
``(c) The Secretary shall enter into an agreement with New Mexico
State University for the operations, maintenance, and the
administration of research activities undertaken at the Tularosa Basin
National Desalination Research Facility. Operation and maintenance
shall occur at full Federal cost and title to the facility shall remain
in the United States.''.
Sec. 211. Prior to the unilateral termination or removal of cabin
or trailer sites on Bureau of Reclamation lands in North Dakota for the
purpose of changing land use, the Secretary of the Interior is directed
to submit a report describing the action the Committee on Energy and
Natural Resources, United States Senate and the Committee on Resources,
United States House of Representatives: Provided, That the Secretary
shall not move forward with the proposed action until 60 days after the
report is submitted to the Committee Chairmen.
Sec. 212. Section 3507(b) of Public Law 102-575 (106 Stat. 4600) is
amended by striking ``$4,660,000'' and inserting ``$12,660,000''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $1,715,551,000, to
remain available until expended: Provided, That the Secretary is
directed to make fiscal year 2008 weatherization funding available from
October 1, 2007, through March 31, 2009, for States that submit plans
requesting allocations for all or part of this period.
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity delivery and energy reliability
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $168,437,000, to
remain available until expended.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $720,558,000, to remain available until
expended.
Legacy Management
For Department of Energy expenses for Legacy Management activities,
$35,104,000, to remain available until expended.
Clean Coal Technology
(deferral and rescission and transfer)
Of the funds made available under this heading for obligation in
prior years, $149,000,000 shall not be available until October 1, 2008:
Provided, That funds made available in previous appropriations Acts
shall be made available for any ongoing project regardless of the
separate request for proposal under which the project was selected:
Provided further, That $166,000,000 of uncommitted balances are
transferred to Fossil Energy Research and Development to be used until
expended.
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), $808,113,000, to remain available
until expended, of which $166,000,000 shall be derived by transfer from
``Clean Coal Technology'': Provided, That of the amounts provided,
$88,000,000, of which $73,000,000 shall be derived by transfer from
``Clean Coal Technology'', and is available, after coordination with
the private sector, for a financial assistance solicitation for the
Clean Coal Power Initiative in accordance with section 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 financial
assistance for costs in excess of those estimated as of the date of
award of original Clean Coal Power Initiative financial assistance may
not be provided in excess of the proportion of costs borne by the
Government in the original agreement and shall be limited to 25 percent
of the original financial assistance: Provided further, That at least
50 percent cost-sharing shall be required in each budget period of a
project: Provided further, That in accordance with section 988(e) of
Public Law 109-58, repayment of the DOE contribution to a project shall
not be a condition of making an award under this solicitation: Provided
further, That the Secretary may reduce the amount of required cost
sharing in accordance with section 988(c)(2) 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, in this Act and future Acts, up to
4 percent of program direction funds available to the National Energy
Technology Laboratory may be used to support Department of Energy
activities not included in this account in this Fossil Energy account:
Provided further, That, in this Act and future Acts, the salaries for
Federal employees performing research and development activities at the
National Energy Technology Laboratory can continue to be funded from
any appropriate DOE program accounts: Provided further, That revenues
and other moneys received by or for the account of the Department of
Energy or otherwise generated by sale of products in connection with
projects of the Department appropriated under the Fossil Energy
Research and Development account may be retained by the Secretary of
Energy, to be available until expended, and used only for plant
construction, operation, costs, and payments to cost-sharing entities
as provided in appropriate cost-sharing contracts or agreements.
Naval Petroleum and Oil Shale Reserves
For expenses necessary to carry out naval petroleum and oil shale
reserve activities, including the hire of passenger motor vehicles,
$21,301,000, 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, $163,472,000, 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, $12,825,000, to remain available until
expended.
Energy Information Administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $105,095,000, 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 three
passenger motor vehicles for replacement only, $195,437,000, to remain
available until expended: Provided, That $13,000,000 is appropriated
for environmental remediation activities associated with the Energy
Technology and Engineering Center (ETEC) at the Santa Susana Field
Laboratory (SSFL), subject to the following: (1) the Department (DOE)
shall use a portion of this funding to enter into an interagency
agreement with the Environmental Protection Agency to conduct a joint
comprehensive radioactive site characterization of Area IV of the SSFL;
(2) the Department shall ensure that all aspects of the cleanup of
radioactive contamination at Area IV of the SSFL comply fully with the
Comprehensive Environmental Response, Compensation and Liability Act,
if applicable; and (3) the Department shall retain Federal control of
ETEC and it shall not be released for other use until such time as the
Department has complied with actions directed in subsections (1) and
(2).
Uranium Enrichment Decontamination and Decommissioning Fund
For necessary expenses in carrying out uranium 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,
$573,509,000, 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, $4,496,759,000, to remain available
until expended: Provided, That of the funds appropriated herein,
$45,000,000 shall be for the Physical Sciences Facility, Project 07-SC-
05, and other associated construction at the Pacific Northwest National
Laboratory, and funds heretofore appropriated and held in reserve shall
be obligated for expenditure immediately upon enactment of this Act.
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, $204,054,000, to remain available until
expended, and to be derived from the Nuclear Waste Fund: Provided, That
of the funds made available in this Act for Nuclear Waste Disposal,
$5,000,000 shall be provided to the State of 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 $1,200,000 shall be
provided to Nye County, Nevada, for on-site oversight activities under
section 117(d) of that Act: Provided further, That $9,000,000 shall be
provided to affected units of local government, as defined in the Act,
to conduct appropriate activities and participate in licensing
activities: Provided further, That of the $9,000,000 provided, 7.5
percent of the funds provided shall be made available to affected units
of local government in California with the balance made available to
affected units of local government in Nevada for distribution as
determined by the Nevada units of local government. This funding shall
be provided to affected units of local government, as defined in the
Act, to conduct appropriate activities and participate in licensing
activities. The Committee requires the entities to certify that within
90 days of the completion of each Federal fiscal year, the 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 the activities authorized by the
Act and this Act: Provided, 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.
Innovative Technology Loan Guarantee Program
For fiscal year 2008, for the cost of the guaranteed loans as
authorized by section 1702(b)(2) of the Energy Policy Act of 2005, such
sums as are hereafter derived from amounts received from borrowers
pursuant to section 1702(b)(2) of that Act, to remain available until
expended: Provided, That the source of such payment received from
borrowers is not a loan other debt obligation that is guaranteed by the
Federal Government. In addition, for necessary administrative expenses
to carry out this Loan Guarantee Program, $8,390,000, to remain
available until expended: Provided, That fees collected pursuant to
section 1702(h) shall be credited as offsetting collections to this
account: Provided further, That any such fees collected shall not be
available until appropriated.
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, $308,596,000, to
remain available until expended, plus such additional amounts as
necessary to cover increases in the estimated amount of cost of work
for others notwithstanding the provisions of the Anti-Deficiency Act
(31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work
are offset by revenue increases of the same or greater amount, to
remain available until expended: Provided further, That moneys received
by the Department for miscellaneous revenues estimated to total
$161,818,000 in fiscal year 2008 may be retained and used for operating
expenses within this account, and may remain available until expended,
as authorized by section 201 of Public Law 95-238, notwithstanding the
provisions of 31 U.S.C. 3302: Provided further, That the sum herein
appropriated shall be reduced by the amount of miscellaneous revenues
received during 2008, and any related appropriated receipt account
balances remaining from prior years' miscellaneous revenues, so as to
result in a final fiscal year 2008 appropriation from the general fund
estimated at not more than $146,778,000.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $47,732,000, 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; $6,489,024,000, to remain available
until expended: Provided, That $95,586,000 is provided for the 04-D-125
Chemistry and Metallurgy facility replacement project: Provided
further, That $45,000,000 is provided for 08-D-805 Classified Vaults,
Los Alamos National Laboratory to initiate construction.
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, $1,872,646,000, 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, $808,219,000, 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, $394,656,000, 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, $5,690,380,000, to
remain available until expended, of which $463,000,000 shall be
transferred to the ``Uranium Enrichment Decontamination and
Decommissioning Fund''.
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, $765,464,000, 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, $242,046,000, 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 Kootenai River White Sturgeon Hatchery, the
Nez Perce Tribal Hatchery, Redfish Lake Sockeye Captive Brood
expansion, hatchery production facilities to supplement Chinook salmon
below Chief Joseph Dam in Washington, Hood River Production Facility,
Klickitat production expansion, Mid Columbia Coho restoration, and
Yakama Coho restoration, and in addition, for official reception and
representation expenses in an amount not to exceed $1,500. During
fiscal year 2008, no new direct loan obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy,
including transmission wheeling and ancillary services pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, $6,463,000, to remain available until
expended: Provided, That, notwithstanding the provisions of 31 U.S.C.
3302, beginning in fiscal year 2008 and thereafter, such funds as are
received by the Southeastern Power Administration from any State,
municipality, corporation, association, firm, district, or individual
as advance payment for work that is associated with Southeastern's
Operations and Maintenance, consistent with that authorized in section
5 of the Flood Control Act of 1944, shall be credited to this account
and be available until expended: Provided further, That,
notwithstanding 31 U.S.C. 3302, up to $48,413,000 collected by the
Southeastern Power 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, $30,442,000, to remain available until expended:
Provided, That, notwithstanding 31 U.S.C. 3302, up to $35,000,000
collected by the Southwestern Power Administration pursuant to the
Flood Control Act to recover purchase power and wheeling expenses shall
be credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making 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; $231,030,000, to remain
available until expended, of which $221,094,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That of the
amount herein appropriated, $7,167,000 is for deposit into the Utah
Reclamation Mitigation and Conservation Account pursuant to title IV of
the Reclamation Projects Authorization and Adjustment Act of 1992:
Provided further, That notwithstanding the provision of 31 U.S.C. 3302,
up to $308,702,000 collected by the Western Area Power Administration
pursuant to the Flood Control Act of 1944 and the Reclamation Project
Act of 1939 to recover purchase power and wheeling expenses shall be
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,
$255,425,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, not to exceed $255,425,000
of revenues from fees and annual charges, and other services and
collections in fiscal year 2008 shall be retained and used for
necessary expenses in this account, and shall remain available until
expended: Provided further, That the sum herein appropriated from the
general fund shall be reduced as revenues are received during fiscal
year 2008 so as to result in a final fiscal year 2008 appropriation
from the general fund estimated at not more than $0.
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 2008 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 2008 until the enactment of
the Intelligence Authorization Act for fiscal year 2008.
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 2008, 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. 311. The Use Permit granted to the contractor for activities
conducted at the Pacific Northwest National Laboratory by Agreement DE-
GM05-00RL01831 between the Department of Energy and the contractor
shall continue in effect during the term of the existing Operating
Contract and the extensions or renewals thereof and shall be
incorporated into any future management and operating contract for the
Pacific Northwest National Laboratory and such Use Permit may not be
waived, modified or terminated unless agreed to by both contractor and
the Department of Energy.
Sec. 312. None of the funds made available under this or any other
Act shall be used during fiscal year 2008 to make, or plan or prepare
to make, any payment on bonds issued by the Administrator of the
Bonneville Power Administration (referred in this section as the
``Administrator'') or for an appropriated Federal Columbia River Power
System investment, if the payment is both--
(1) greater, during any fiscal year, than the payments
calculated in the rate hearing of the Administrator to be made
during that fiscal year using the repayment method used to
establish the rates of the Administrator as in effect on
October 1, 2006; and
(2) based or conditioned on the actual or expected net
secondary power sales receipts of the Administrator.
Sec. 313. Expansion of Strategic Petroleum Reserve. (a) In
General.--Section 999H(a) of the Energy Policy Act of 2005 (42 U.S.C.
16378(a)) is amended--
(1) in the first sentence, by striking ``For each of fiscal
years'' and inserting the following: ``(1) In general.--Except
as provided in paragraph (2), for each of fiscal years'';
(2) in the second sentence, by striking ``For purposes of
this'' and inserting the following: ``(3) Definition of
royalties.--In this''; and
(3) by inserting after paragraph (1) (as designated by
paragraph (1)) the following:
``(2) Strategic petroleum reserve.--For fiscal year 2008
the Secretary of Energy shall direct not more than $25,000,000
from Federal royalties, rents, and bonuses described in
paragraph (1) shall be used to carry out land acquisition
activities for the Strategic Petroleum Reserve required under
section 301(e)(1).''.
(b) Louisiana, Texas, and Mississippi.--The Secretary of Energy
shall use not more than $25,000,000 from the accounts made available
under section 1001(e) of the Energy Policy Act of 2005 (42 U.S.C.
16391(e)) for fiscal year 2008 to support the land acquisition of the
Strategic Petroleum Reserve at Bayou Choctaw, Louisiana; Big Hill,
Texas; and Richton, Mississippi; to meet the 1,000,000,000 barrel
capacity required under section 301(e)(1) of that Act (42 U.S.C. 6240
note; Public Law 109-58).
(c) The Secretary of Energy is not authorized to begin contracting
for filling the new capacity of the Strategic Petroleum Reserve, either
through means of purchase or royalty-in-kind, until such time as the
Secretary certifies construction is complete.
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, $75,000,000, 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, $22,499,000, 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, $31,800,000, 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, $910,559,000, to remain
available until expended: Provided, That of the amount appropriated
herein, $37,250,000 shall be derived from the Nuclear Waste Fund:
Provided further, That revenues from licensing fees, inspection
services, and other services and collections estimated at $757,720,000
in fiscal year 2008 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 2008 so as to result in a final fiscal year 2008
appropriation estimated at not more than $152,839,000.
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, $8,744,000, to remain available until expended: Provided, That
revenues from licensing fees, inspection services, and other services
and collections estimated at $7,870,000 in fiscal year 2008 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 2008 so as to result in
a final fiscal year 2008 appropriation estimated at not more than
$874,000.
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, $3,621,000, to be
derived from the Nuclear Waste Fund, and to remain available until
expended.
Office of the Federal Coordinator for Alaska Natural Gas Transportation
Projects
For necessary expenses for the Office of the Federal Coordinator
for Alaska Natural Gas Transportation Projects pursuant to the Alaska
Natural Gas Pipeline Act of 2004, $2,322,000.
General Provision, Independent Agencies
Sec. 401. Section 2(f)(2) of the Tennessee Valley Authority Act of
1933 (16 U.S.C. 831a(f)(2)) is amended by striking the phrase ``stipend
under paragraph (1)(A)(i)'' and inserting in lieu thereof ``stipends
under paragraph (1)(A)''.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may be used in
any way, directly or indirectly, to influence congressional action on
any legislation or appropriation matters pending before Congress, other
than to communicate to Members of Congress as described in 18 U.S.C.
1913.
Sec. 502. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in this Act or any other appropriation Act.
This Act may be cited as the ``Energy and Water Development
Appropriations Act, 2008''.
Calendar No. 263
110th CONGRESS
1st Session
S. 1751
[Report No. 110-127]
_______________________________________________________________________
A BILL
Making appropriations for energy and water development for the fiscal
year ending September 30, 2008, and for other purposes.
_______________________________________________________________________
July 9, 2007
Read twice and placed on the calendar