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109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-275

======================================================================



 
 MAKING APPROPRIATIONS FOR ENERGY AND WATER DEVELOPMENT FOR THE FISCAL 
         YEAR ENDING SEPTEMBER 30, 2006, AND FOR OTHER PURPOSES

                                _______
                                

                November 7, 2005.--Ordered to be printed

                                _______
                                

 Mr. Hobson, from the committee of conference, submitted the following

                           CONFERENCE REPORT

                        [To accompany H.R. 2419]

    The committee of conference on the disagreeing votes of the 
two Houses on the amendment of the Senate to the bill (H.R. 
2419) ``making appropriations for energy and water development 
for the fiscal year ending September 30, 2006, and for other 
purposes'', having met, after full and free conference, have 
agreed to recommend and do recommend to their respective Houses 
as follows:
      That the House recede from its disagreement to the 
amendment of the Senate, and agree to the same with an 
amendment, as follows:
      In lieu of the matter stricken and inserted by said 
amendment, insert:

That the following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the fiscal year 
ending September 30, 2006, for energy and water development and 
for other purposes, namely:

                                TITLE I

                       CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

    The following appropriations shall be expended under the 
direction of the Secretary of the Army and the supervision of 
the Chief of Engineers for authorized civil functions of the 
Department of the Army pertaining to rivers and harbors, flood 
control, shore protection and storm damage reduction, aquatic 
ecosystem restoration, and related purposes.

                             INVESTIGATIONS

    For expenses necessary for the collection and study of 
basic information pertaining to river and harbor, flood 
control, shore protection and storm damage reduction, aquatic 
ecosystem restoration, and related projects, restudy of 
authorized projects, miscellaneous investigations, and, when 
authorized by law, surveys and detailed studies and plans and 
specifications of projects prior to construction, $164,000,000, 
to remain available until expended: Provided, That, 
notwithstanding any other provision of law, within the funds 
provided under this heading, $1,000,000 shall be available for 
planning assistance to the state of Ohio for Stark County 
watershed basin study: Provided further, That using $8,000,000 
of the funds provided herein, the Secretary of the Army, acting 
through the Chief of Engineers, is directed to conduct a 
comprehensive hurricane protection analysis and design at full 
federal expense to develop and present a full range of flood 
control, coastal restoration, and hurricane protection measures 
exclusive of normal policy considerations for South Louisiana 
and the Secretary shall submit a preliminary technical report 
for comprehensive Category 5 protection within 6 months of 
enactment of this Act and a final technical report for Category 
5 protection within 24 months of enactment of this Act: 
Provided further, That the Secretary shall consider providing 
protection for a storm surge equivalent to a Category 5 
hurricane within the project area and may submit reports on 
component areas of the larger protection program for 
authorization as soon as practicable: Provided further, That 
the analysis shall be conducted in close coordination with the 
State of Louisiana and its appropriate agencies.

                              CONSTRUCTION

    For expenses necessary for the construction of river and 
harbor, flood control, shore protection and storm damage 
reduction, aquatic ecosystem restoration, and related projects 
authorized by law; for conducting detailed studies, and plans 
and specifications, of such projects (including those involving 
participation by States, local governments, or private groups) 
authorized or made eligible for selection by law (but such 
detailed studies, and plans and specifications, shall not 
constitute a commitment of the Government to construction); 
$2,372,000,000, to remain available until expended; of which 
such sums as are necessary to cover the Federal share of 
construction costs for facilities under the Dredged Material 
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; and Lock and Dam 3, Mississippi River, Minnesota) 
shall be derived from the Inland Waterways Trust Fund; and of 
which $12,000,000 shall be exclusively for projects and 
activities authorized under section 107 of the River and Harbor 
Act of 1960; and of which $500,000 shall be exclusively for 
projects and activities authorized under section 111 of the 
River and Harbor Act of 1968; and of which $7,000,000 shall be 
exclusively for projects and activities authorized under 
section 103 of the River and Harbor Act of 1962; and of which 
$40,000,000 shall be exclusively available for projects and 
activities authorized under section 205 of the Flood Control 
Act of 1948; and of which $15,000,000 shall be exclusively for 
projects and activities authorized under section 14 of the 
Flood Control Act of 1946; and of which $300,000 shall be 
exclusively for projects and activities authorized under 
section 208 of the Flood Control Act of 1954; and of which 
$30,000,000 shall be exclusively for projects and activities 
authorized under section 1135 of the Water Resources 
Development Act of 1986; and of which $30,000,000 shall be 
exclusively for projects and activities authorized under 
section 206 of the Water Resources Development Act of 1996; and 
of which $5,000,000 shall be exclusively for projects and 
activities authorized under sections 204 and 207 of the Water 
Resources Development Act of 1992 and section 933 of the Water 
Resources Development Act of 1986: Provided, That the Chief of 
Engineers is directed to use $11,250,000 of the funds 
appropriated herein for the Dallas Floodway Extension, Texas, 
project, including the Cadillac Heights feature, generally in 
accordance with the Chief of Engineers report dated December 7, 
1999: Provided further, That the Chief of Engineers is directed 
to use $1,500,000 of the funds provided herein for the Hawaii 
Water Management Project: Provided further, That the Chief of 
Engineers is directed to use $13,000,000 of the funds 
appropriated herein for the navigation project at Kaumalapau 
Harbor, Hawaii: Provided further, That the Chief of Engineers 
is directed to use $4,000,000 of the funds provided herein for 
the Dam Safety and Seepage/Stability Correction Program for 
seepage control features and repairs to the tainter gates at 
Waterbury Dam, Vermont: Provided further, That $600,000 of the 
funds provided herein for the Dam Safety and Seepage/Stability 
Correction Program shall be available for Dover Dam, Ohio: 
Provided further, That the Chief of Engineers is directed to 
use $9,500,000 of the funds appropriated herein for planning, 
engineering, design or construction of the Grundy, Buchanan 
County, and Dickenson County, Virginia, elements of the Levisa 
and Tug Forks of the Big Sandy River and Upper Cumberland River 
Project: Provided further, That the Chief of Engineers is 
directed to use $5,600,000 of the funds appropriated herein for 
planning, engineering, design or construction of the Lower 
Mingo County, Upper Mingo County, Wayne County, McDowell 
County, West Virginia, elements of the Levisa and Tug Forks of 
the Big Sandy River and Upper Cumberland River Project: 
Provided further, That the Chief of Engineers is directed to 
use $5,600,000 of the funds appropriated herein for planning, 
engineering, design or construction of the Lower Mingo County, 
Upper Mingo County, Wayne County, McDowell County, West 
Virginia, elements of the Levisa and Tug Forks of the Big Sandy 
River and Upper Cumberland River Project: Provided further, 
That the Chief of Engineers is directed to continue the 
Dickenson County Detailed Project Report as generally defined 
in Plan 4 of the Huntington District Engineer's Draft 
Supplement to the section 202 General Plan for Flood Damage 
Reduction dated April 1997, including all Russell Fork 
tributary streams within the County and special considerations 
as may be appropriate to address the unique relocations and 
resettlement needs for the flood prone communities within the 
County: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to use 
$16,000,000 of the funds appropriated herein for the Clover 
Fork, City of Cumberland, Town of Martin, Pike County 
(including Levisa Fork and Tug Fork Tributaries), Bell County, 
Harlan County in accordance with the Draft Detailed Project 
Report dated January 2002, Floyd County, Martin County, Johnson 
County, and Knox County, Kentucky, detailed project report, 
elements of the Levisa and Tug Forks of the Big Sandy River and 
Upper Cumberland River: 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 
$15,000,000 available for the American River Watershed (Folsom 
Dam Mini-Raise), California, project, $10,000,000 of those 
funds be directed for the permanent bridge, with all remaining 
devoted to the Mini-Raise: Provided further, That $300,000 is 
provided for the Chief of Engineers to conduct a General 
Reevaluation Study on the Mount St. Helens project to determine 
if ecosystem restoration actions are prudent in the Cowlitz and 
Toutle watersheds for species that have been listed as being of 
economic importance and threatened or endangered: Provided 
further, That $35,000,000 shall be available for projects and 
activities authorized under 16 U.S.C. 410-r-8: Provided 
further, That the Secretary is directed to use $2,000,000 of 
the funds appropriated herein to provide a grant to the City of 
Caliente, Nevada, for the City to expend for the purpose of 
purchasing construction equipment to be used by the City in 
constructing local flood control measures.

 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, 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, $400,000,000, to 
remain available until expended, of which such sums as are 
necessary to cover the Federal share of operation and 
maintenance costs for inland harbors shall be derived from the 
Harbor Maintenance Trust Fund: Provided, That the Chief of 
Engineers is directed to use $20,000,000 of the funds provided 
herein for design and real estate activities and pump supply 
elements for the Yazoo Basin, Yazoo Backwater Pumping Plant, 
Mississippi: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers is directed to use 
$9,000,000 appropriated herein for construction of water 
withdrawal features of the Grand Prairie, Arkansas, project, of 
which such sums as are necessary to cover the Federal share of 
operation and maintenance costs for inland harbors shall be 
derived from the Harbor Maintenance Trust Fund.

                       OPERATION AND MAINTENANCE

    For expenses necessary for the operation, maintenance, and 
care of existing river and harbor, flood and storm damage 
reduction, aquatic ecosystem restoration, and related projects 
authorized by law; for providing security for infrastructure 
owned and operated by, or on behalf of, the United States Army 
Corps of Engineers (the ``Corps''), including administrative 
buildings and facilities, 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, $1,989,000,000, to remain available until expended, 
of which such sums to cover the Federal share of operation and 
maintenance costs for coastal harbors and channels, and inland 
harbors shall be derived from the Harbor Maintenance Trust 
Fund, pursuant to Public Law 99-662 may be derived from that 
fund; of which such sums as become available from the special 
account for the Corps established by the Land and Water 
Conservation Act of 1965, as amended (16 U.S.C. 460l-6a(i)), 
may be derived from that account for resource protection, 
research, interpretation, and maintenance activities related to 
resource protection in the areas at which outdoor recreation is 
available; and of which such sums as become available under 
section 217 of the Water Resources Development Act of 1996, 
Public Law 104-303, shall be used to cover the cost of 
operation and maintenance of the dredged material disposal 
facilities for which fees have been collected: Provided, That 
utilizing funds appropriated herein, for the Intracoastal 
Waterway, Delaware River to Chesapeake Bay, Delaware and 
Maryland, the Chief of Engineers, is directed to reimburse the 
State of Delaware for normal operation and maintenance costs 
incurred by the State of Delaware for the SR1 Bridge from 
station 58+00 to station 293+00 between October 1, 2005, and 
September 30, 2006: Provided further, That the Chief of 
Engineers is authorized to undertake, at full Federal expense, 
a detailed evaluation of the Albuquerque levees for purposes of 
determining structural integrity, impacts of vegetative growth, 
and performance under current hydrological conditions: Provided 
further, That using $275,000 provided herein, the Chief of 
Engineers is authorized to remove the sunken vessel State of 
Pennsylvania from the Christina River in Delaware.

                           REGULATORY PROGRAM

    For expenses necessary for administration of laws 
pertaining to regulation of navigable waters and wetlands, 
$160,000,000, to remain available until expended.

                             REVOLVING FUND

    None of the funds in title I of this Act or otherwise 
available to the Corps of Engineers shall be available for the 
rehabilitation and lead and asbestos abatement of the dredge 
McFarland.

            FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

    For expenses necessary to clean up contamination from sites 
in the United States resulting from work performed as part of 
the Nation's early atomic energy program, $140,000,000, to 
remain available until expended.

                            GENERAL EXPENSES

    For expenses necessary for general administration and 
related civil works functions in the headquarters of the United 
States Army Corps of Engineers, the offices of the Division 
Engineers, the Humphreys Engineer Center Support Activity, the 
Institute for Water Resources, the United States Army Engineer 
Research and Development Center, and the United States Army 
Corps of Engineers Finance Center, $154,000,000, to remain 
available until expended: Provided, That no part of any other 
appropriation 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: Provided 
further, That the Secretary is directed to use $4,500,000 of 
the funds appropriated herein to conduct, at full federal 
expense and in close cooperation with state and local 
governments, comprehensive analyses that examine multi-
jurisdictional use and management of water resources on a 
watershed or regional scale.

        OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL WORKS)

    For expenses necessary for the Office of Assistant 
Secretary of the Army (Civil Works), as authorized by 10 U.S.C. 
3016(b)(3), $4,000,000.

                        ADMINISTRATIVE PROVISION

    Appropriations in this title shall be available for 
official 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, or provided by previous appropriations Acts to the 
agencies or entities funded in title I of this Act that remain 
available for obligation or expenditure in fiscal year 2006, 
shall be available for obligation or expenditure through a 
reprogramming of funds that:
            (1) creates or initiates a new program, project, or 
        activity;
            (2) eliminates a program, project or activity;
            (3) increases funds or personnel for any program, 
        project or activity for which funds have been denied or 
        restricted by this Act;
            (4) proposes to use funds directed for a specific 
        activity by either the House or the Senate Committees 
        on Appropriations for a different purpose;
            (5) augments existing programs, projects or 
        activities in excess of $2,000,000 or 50 percent, 
        whichever is less, unless prior approval is received 
        from the House and Senate Committees on Appropriations;
            (6) reduces existing programs, projects or 
        activities in excess of $2,000,000 or 50 percent, 
        whichever is less, unless prior approval is received 
        from the House and Senate Committees on Appropriations; 
        or
            (7) creates, reorganizes, or restructures a branch, 
        division, office, bureau, board, commission, agency, 
        administration, or department different from the budget 
        justifications submitted to the Committees on 
        Appropriations or the table accompanying the Statement 
        of Managers accompanying this Act, whichever is more 
        detailed, unless prior approval is received from the 
        House and Senate Committees on Appropriations.
    (b) Subsection (a)(1) shall not apply to any project or 
activity authorized under section 205 of the Flood Control Act 
of 1948; section 14 of the Flood Control Act of 1946; section 
208 of the Flood Control Act of 1954; section 107 of the River 
and Harbor Act of 1960; section 103 of the River and Harbor Act 
of 1962; section 111 of the River and Harbor Act of 1968; 
section 1135 of the Water Resources Development Act of 1986; 
section 206 of the Water Resources Development Act of 1996; 
sections 204 and 207 of the Water Resources Development Act of 
1992 or section 933 of the Water Resources Development Act of 
1986.
    (c) Not later than 60 days after the date of enactment of 
this Act, the Corps of Engineers shall submit a report to the 
Committees on Appropriations of the Senate and the House of 
Representatives to establish the baseline for application of 
reprogramming and transfer authorities for the current fiscal 
year: Provided, That the report shall include:
            (1) a table for each appropriation with a separate 
        column to display the President's budget request, 
        adjustments made by Congress, adjustments due to 
        enacted rescissions, if appropriate, and the fiscal 
        year enacted level;
            (2) a delineation in the table for each 
        appropriation both by object class and program, project 
        and activity as detailed in the budget appendix for the 
        respective appropriations; and
            (3) an identification of items of special 
        congressional interest: Provided further, That the 
        amount appropriated for salaries and expenses of the 
        Corps of Engineers shall be reduced by $100,000 per day 
        for each day after the required date that the report 
        has not been submitted to the Congress.
    (d) None of the funds received as a non-federal share for 
project costs by any agency funded in title I of this Act shall 
be available for reprogramming.
    Sec. 102. Beginning in fiscal year 2006 and thereafter, 
agreements proposed for execution by the Assistant Secretary of 
the Army for Civil Works or the United States Army Corps of 
Engineers after the date of the enactment of this Act pursuant 
to section 4 of the River and Harbor Act of 1915, Public Law 
64-291; section 11 of the River and Harbor Act of 1925, Public 
Law 68-585; the Civil Functions Appropriations Act, 1936, 
Public Law 75-208; section 215 of the Flood Control Act of 
1968, as amended, Public Law 90-483; sections 104, 203, and 204 
of the Water Resources Development Act of 1986, as amended, 
Public Law 99-662; section 206 of the Water Resources 
Development Act of 1992, as amended, Public Law 102-580; 
section 211 of the Water Resources Development Act of 1996, 
Public Law 104-303; and any other specific project authority, 
shall be limited to total credits and reimbursements for all 
applicable projects not to exceed $100,000,000 in each fiscal 
year.
    Sec. 103. In order to protect and preserve the integrity of 
the water supply against further degradation, none of the funds 
made available under this Act and any other Act hereafter may 
be used by the Army Corps of Engineers to support activities 
related to any proposed new landfill in the Muskingum Watershed 
if such landfill--
            (1) has not received a permit to construct from the 
        State agency with responsibility for solid waste 
        management in the watershed;
            (2) has not received waste for disposal during 
        2005; and
            (3) is not contiguous or adjacent to a portion of a 
        landfill that has received waste for disposal in 2005 
        and each landfill is owned by the same person or 
        entity.
    Sec. 104. None of the funds appropriated in this or any 
other Act shall be used to demonstrate or implement any plans 
divesting or transferring any Civil Works missions, functions, 
or responsibilities of the United States Army Corps of 
Engineers to other government agencies without specific 
direction in a subsequent Act of Congress.
    Sec. 105. St. Georges Bridge, Delaware.--None of the funds 
made available in this Act may be used to carry out any 
activity relating to closure or removal of the St. Georges 
Bridge across the Intracoastal Waterway, Delaware River to 
Chesapeake Bay, Delaware and Maryland, including a hearing or 
any other activity relating to preparation of an environmental 
impact statement concerning the closure or removal.
    Sec. 106. Notwithstanding any other provision of law, the 
requirements regarding the use of continuing contracts under 
the authority of section 206 of the Water Resources Development 
Act of 1999 (33 U.S.C. 2331) shall apply only to projects 
funded under the Operation and Maintenance account and the 
Operation and Maintenance subaccount of the Flood Control, 
Mississippi River and Tributaries account.
    Sec. 107. Within 75 days of the date of the Chief of 
Engineers Report on a water resource matter, the Assistant 
Secretary of the Army (Civil Works) shall submit the report to 
the appropriate authorizing and appropriating committees of the 
Congress.
    Sec. 108. None of the funds made available in title I of 
this Act may be used to award any continuing contract or to 
make modifications to any existing continuing contract that 
commits an amount for a project in excess of the amount 
appropriated for such project pursuant to this Act: Provided, 
That the amounts appropriated in this Act may be modified 
pursuant to the authorities provided in section 101 of this Act 
or through the application of unobligated balances for such 
project.
    Sec. 109. Within 90 days of the date of enactment of this 
Act, the Assistant Secretary of the Army (Civil Works) shall 
transmit to Congress his report on any water resources matter 
on which the Chief of Engineers has reported.
    Sec. 110. Section 123 of Public Law 108-137 (117 Stat. 
1837) is amended by striking ``in accordance with the Baltimore 
Metropolitan Water Resources-Gwynns Falls Watershed Feasibility 
Report'' and all that follows and inserting the following 
language in lieu thereof: ``in accordance with the Baltimore 
Metropolitan Water Resources Gwynns Falls Watershed Study--
Draft Feasibility Report and Integrated Environmental 
Assessment prepared by the Corps of Engineers and the City of 
Baltimore, Maryland, dated April 2004. The non-Federal sponsor 
shall receive credit toward its share of project costs for work 
carried out by the non-Federal sponsor prior to execution of a 
project cooperation agreement, if the Secretary determines that 
the work is integral to the project. The non-Federal sponsor 
may also receive credit for any work performed by the non-
Federal sponsor pursuant to a project cooperation agreement. 
The non-Federal sponsor shall be reimbursed for any work 
performed by the non-Federal sponsor that is in excess of the 
non-Federal share of project costs.''.
    Sec. 111. None of the funds in this Act may be expended by 
the Secretary of the Army to construct the Port Jersey element 
of the New York and New Jersey Harbor or to reimburse the local 
sponsor for the construction of the Port Jersey element until 
commitments for construction of container handling facilities 
are obtained from the non-Federal sponsor for a second user 
along the Port Jersey element.
    Sec. 112. Marmet Lock, Kanawha River, West Virginia.-- 
Section 101(a)(31) of the Water Resources Development Act of 
1996 (110 Stat. 3666), is amended by striking ``$229,581,000'' 
and inserting ``$358,000,000''.
    Sec. 113. Truckee Meadows Flood Control Project, Nevada.--
The non-federal funds expended for purchase of lands, easements 
and rights-of-way, implementation of project monitoring and 
assessment, and construction and implementation of recreation, 
ecosystem restoration, and water quality improvement features, 
including the provision of 6700 acre-feet of water rights no 
later than the effective date of the Truckee River Operating 
Agreement for re-vegetation, reestablishment and maintenance of 
riverine and riparian habitat of the Lower Truckee River and 
Pyramid Lake, whether expended prior to or after the signing of 
the Project Cooperation Agreement (PCA), shall be fully 
credited to the non-federal sponsor's share of costs for the 
project: Provided, That for the purposes of benefit-cost ratio 
calculations in the General Reevaluation Report (GRR), the 
Truckee Meadows Nevada Flood Control Project shall be defined 
as a single unit and non-separable.
    Sec. 114. Water Reallocation, Lake Cumberland, Kentucky. 
(a) In General.--Subject to subsection (b), none of the funds 
made available by this Act may be used to carry out any water 
reallocation project or component under the Wolf Creek Project, 
Lake Cumberland, Kentucky, authorized under the Act of June 28, 
1938 (52 Stat. 1215, chapter 795) and the Act of July 24, 1946 
(60 Stat. 636, chapter 595).
    (b) Existing Reallocations.--Subsection (a) shall not apply 
to any water reallocation for Lake Cumberland, Kentucky, that 
is carried out subject to an agreement or payment schedule in 
effect on the date of enactment of this Act.
    Sec. 115. Section 529(b)(3) of Public Law 106-541 is 
amended by striking ``$10,000,000'' and inserting 
``$20,000,000'' in lieu thereof.
    Sec. 116. Yazoo Basin, Big Sunflower River, Mississippi.--
The Yazoo Basin, Big Sunflower River, Mississippi, project 
authorized by the Flood Control Act of 1944, as amended and 
modified, is further modified to include the design and 
construction at full Federal expense of such measures as 
determined by the Chief of Engineers to be advisable for the 
control and reduction of sedimentation, erosion and headcutting 
in watersheds of the Yazoo Basin: Yazoo Headwater and Big 
Sunflower.
    Sec. 117. Lower Mississippi River Museum and Riverfront 
Interpretive Site, Mississippi.--The Water Resources 
Development Act of 1992 (106 Stat. 4811) is amended by--
            (1) in section 103(c)(2) by striking ``property 
        currently held by the Resolution Trust Corporation in 
        the vicinity of the Mississippi River Bridge'' and 
        inserting ``riverfront property''; and
            (2) in section 103(c)(7)--
                    (A) by striking ``There is'' and inserting 
                the following: ``(A) In general.--There is''; 
                and
                    (B) by striking ``$2,000,000'' and all that 
                follows and inserting the following: 
                ``$15,000,000 to plan, design, and construct 
                generally in accordance with the conceptual 
                plan to be prepared by the Corps of Engineers.
                    ``(B) Funding.--The planning, design, and 
                construction of the Lower Mississippi River 
                Museum and Riverfront Interpretive Site shall 
                be carried out using funds appropriated as part 
                of the Mississippi River Levees feature of the 
                Mississippi River and Tributaries Project, 
                authorized by the Act of May 15, 1928 (45 Stat. 
                534, chapter 569).''.
    Sec. 118. Section 593(h) of Public Law 106-541 is amended 
by striking ``$25,000,000'' and inserting ``$50,000,000'' in 
lieu thereof.
    Sec. 119. The project for navigation, Los Angeles Harbor, 
California, authorized by section 101(b)(5) of the Water 
Resources Development Act of 2000 (114 Stat. 2577) is modified 
to authorize the Chief of Engineers to carry out the project at 
a total cost of $222,000,000.
    Sec. 120. Section 219(f) of the Water Resources Development 
Act of 1992 (Public Law 102-580; 106 Stat. 4835), as amended by 
section 502(b) of the Water Resources Development Act of 1999 
(Public Law 106-53) and section 108(d) of title I of division B 
of the Miscellaneous Appropriations Act, 2001 (as enacted by 
Public Law 106-554; 114 Stat. 2763A-220), is further amended by 
adding at the end the following:
            ``(72) Alpine, california.--$10,000,000 is 
        authorized for a water transmission main, Alpine, 
        CA.''.
    Sec. 121. (a) The Secretary of the Army may carry out and 
fund projects to comply with the 2003 Biological Opinion 
described in section 205(b) of the Energy and Water Development 
Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 2949) 
as amended by subsection (b) and may award grants and enter 
into contracts, cooperative agreements, or interagency 
agreements with participants in the Endangered Species Act 
Collaborative Program Workgroup referenced in section 209(a) of 
the Energy and Water Development Appropriations Act, 2004 
(Public Law 108-137; 117 Stat. 1850) in order to carry out such 
projects. Any project undertaken under this subsection shall 
require a non-Federal cost share of 25 percent, which may be 
provided through in-kind services or direct cash contributions 
and which shall be credited on a programmatic basis instead of 
on a project-by-project basis, with reconciliation of total 
project costs and total non-Federal cost share calculated on a 
three year incremental basis. Non-Federal cost share that 
exceeds that which is required in any calculated three year 
increment shall be credited to subsequent three year 
increments.
    (b) Section 205(b) of Public Law 108-447 (118 Stat. 2949) 
is amended by adding ``and any amendments thereto'' after the 
word ``2003''.
    Sec. 122. Bluestone, West Virginia.--Section 547 of the 
Water Resources Development Act of 2000 (114 Stat. 2676) is 
amended--
            (1) in subsection (b)(1)(A) by striking ``4 years'' 
        and inserting ``5 years'';
            (2) in subsection (b)(1)(B)(iii) by striking ``if 
        all'' and all that follows through ``facility'' and 
        inserting ``assurance project'';
            (3) in subsection (b)(1)(C) by striking ``and 
        construction'' and inserting ``, construction, and 
        operation and maintenance'';
            (4) by adding at the end of subsection (b) the 
        following:
            ``(3) Operation and ownership.--The Tri-Cities 
        Power Authority shall be the owner and operator of the 
        hydropower facilities referred to in subsection (a).'';
            (5) in subsection (c)(1)--
                    (A) by striking ``No'' and inserting 
                ``Unless otherwise provided, no'';
                    (B) by inserting ``planning,'' before 
                ``design''; and
                    (C) by striking ``prior to'' and all that 
                follows through ``subsection (d)'';
            (6) in subsection (c)(2) by striking ``design'' and 
        inserting ``planning, design,'';
            (7) in subsection (d)--
                    (A) by striking paragraphs (1) and (2) and 
                inserting the following:
            ``(1) Approval.--The Secretary shall review the 
        design and construction activities for all features of 
        the hydroelectric project that pertain to and affect 
        stability of the dam and control the release of water 
        from Bluestone Dam to ensure that the quality of 
        construction of those features meets all standards 
        established for similar facilities constructed by the 
        Secretary.'';
                    (B) by redesignating paragraph (3) as 
                paragraph (2);
                    (C) by striking the period at the end of 
                paragraph (2) (as so redesignated) and 
                inserting ``, except that hydroelectric power 
                is no longer a project purpose of the facility 
                so long as Tri-Cities Power Authority continues 
                to exercise its responsibilities as the 
                builder, owner, and operator of the hydropower 
                facilities at Bluestone Dam. Water flow 
                releases and flood control from the hydropower 
                facilities shall be determined and directed by 
                the Corps of Engineers.''; and
                    (D) by adding at the end the following:
            ``(3) Coordination.--Construction of the 
        hydroelectric generating facilities shall be 
        coordinated with the dam safety assurance project 
        currently in the design and construction phases.'';
            (8) in subsection (e) by striking ``in accordance'' 
        and all that follows through ``58 Stat. 890)'';
            (9) in subsection (f)--
                    (A) by striking ``facility of the 
                interconnected systems of reservoirs operated 
                by the Secretary'' each place it appears and 
                inserting ``facilities under construction under 
                such agreements''; and
                    (B) by striking ``design'' and inserting 
                ``planning, design'';
            (10) in subsection (f)(2)--
                    (A) by ``Secretary'' each place it appears 
                and inserting ``Tri-Cities Power Authority''; 
                and
                    (B) by striking ``facilities referred to in 
                subsection (a)'' and inserting ``such 
                facilities'';
            (11) by striking paragraph (1) of subsection (g) 
        and inserting the following:
            ``(1) to arrange for the transmission of power to 
        the market or to construct such transmission facilities 
        as necessary to market the power produced at the 
        facilities referred to in subsection (a) with funds 
        contributed by the Tri-Cities Power Authority; and'';
            (12) in subsection (g)(2) by striking ``such 
        facilities'' and all that follows through ``the 
        Secretary'' and inserting ``the generating facility''; 
        and
            (13) by adding at the end the following:
    ``(i) Tri-Cities Power Authority Defined.--In this section, 
the `Tri-Cities Power Authority' refers to the entity 
established by the City of Hinton, West Virginia, the City of 
White Sulphur Springs, West Virginia, and the City of Philippi, 
West Virginia, pursuant to a document entitled `Second Amended 
and Restated Intergovernmental Agreement' approved by the 
Attorney General of West Virginia on February 14, 2002.''.
    Sec. 123. (a) In General.--
            (1) After the date of enactment of this Act, the 
        Secretary of the Army shall carry out the project for 
        wastewater infrastructure, DeSoto County, Mississippi, 
        authorized by section 219(f)(30) of Public Law 102-580, 
        as amended, in accordance with the provisions of this 
        subsection.
            (2) The non-Federal interest shall be primarily 
        responsible for carrying out work on the project 
        referred to in paragraph (1) that is not covered by the 
        Project Cooperation Agreement executed on May 13, 2002 
        or any amendments thereto, including work associated 
        with the design, construction, management, and 
        administration of the project. The non-Federal interest 
        may carry out work on the project subject to obtaining 
        any permits required pursuant to Federal and State laws 
        and subject to general supervision and administrative 
        oversight by the Secretary of the Army.
            (3) The Federal share of project costs incurred by 
        the non-Federal interest in carrying out work on the 
        project as provided for in paragraph (2) shall equal 75 
        percent of the total cost of the work and shall be in 
        the form of grants or reimbursements, except that the 
        total amount of Federal funds available for the 
        project, including that portion of the project carried 
        out as provided for in paragraph (2), may not exceed 
        $55,000,000.
    (b) Technical Amendment.--Section 6006 of the Emergency 
Supplemental Appropriations Act, 2005 (119 Stat. 282) is 
amended by striking ``between May 13, 2002, and September 30, 
2005'' and inserting ``after May 13, 2002'' in lieu thereof.
    Sec. 124. The project for flood control, Las Vegas Wash and 
Tributaries (Flamingo and Tropicana Washes), Nevada, authorized 
by section 101(13) of Public Law 102-580 and modified by Public 
Law 108-7 (H.J. Res. 2) Consolidated Appropriations Resolution, 
2003, section 107 is further modified to provide that the costs 
incurred for design and construction of the project channel 
crossings in the reach of the channels from Shelbourne Avenue 
proceeding north along the alignment of Durango Drive and 
continuing east along the Southern Beltway to Martin Avenue 
shall be added to the authorized cost of the project and such 
costs shall be cost shared and shall not be considered part of 
the non-Federal sponsor's responsibility to provide lands, 
easements, and rights-of-way, and to perform relocations for 
the project.
    Sec. 125. Restoration of the Lake Michigan Waterfront and 
Related Areas, Lake and Porter Counties, Indiana.--The 
Secretary of the Army, acting through the Chief of Engineers is 
authorized and directed to carry out a continuing program for 
the restoration of the Lake Michigan Waterfront and Related 
Areas, Lake and Porter Counties, Indiana.
            (1) Definitions.--
                    (A) Related areas are defined as adjacent 
                or close sites that have an impact or influence 
                on the waterfront areas or aquatic habitat.
                    (B) Restore is defined as--
                            (i) activities that improve a 
                        site's ecosystem function, structure, 
                        and dynamic processes to a less 
                        degraded and more natural condition, 
                        and/or
                            (ii) the management of contaminants 
                        that allow the site to be safely used 
                        for ecological and/or economic 
                        purposes.
            (2) Justification.--Projects can be justified by 
        ecosystem benefits, clean-up of contaminated sites, 
        public health, safety, economic benefits or any 
        combination of these. Sites restored for economic 
        purposes can be redeveloped by others. Restoration 
        sites may include compatible recreation facilities that 
        do not diminish the restoration purpose and do not 
        increase the Federal cost share by more than 10 
        percent.
            (3) Cost sharing.--The construction of projects are 
        cost shared at 65 percent Federal and 35 percent non-
        Federal except when there is a demonstration of 
        innovative technology. The cost share is then 85 
        percent Federal and 15 percent non-Federal.
            (4) Credit.--
                    (A) The Secretary shall credit the non-
                Federal interest for the value of any lands, 
                easements, rights-of-way, relocations, 
                excavated and/or dredged material disposal 
                areas required for carrying out a project. When 
                the cost of the provision of all lands, 
                easements, rights-of-way, relocations, 
                excavated and/or dredged material disposal 
                areas exceeds the non-Federal share, as 
                identified in paragraph (3), the non-Federal 
                interest may waive any right under Federal 
                cost-sharing policy to receive cash 
                reimbursement for any such value in excess of 
                the non-Federal share as identified in 
                paragraph (3).
                    (B) The non-Federal interest may provide up 
                to 100 percent of the non-Federal share 
                required under paragraph (3) in the form of 
                services, materials, supplies, or other in-kind 
                contributions including monies paid pursuant 
                to, or the value of any in-kind service 
                performed under, an administrative order on 
                consent or jurisdictional consent decree but 
                may not include any monies paid pursuant to, or 
                the value of any in-kind service performed 
                under, a unilateral administrative order or 
                court order.
                    (C) The total of non-Federal credit for 
                services, materials, supplies, or other in-kind 
                contributions when combined with lands, 
                easements, rights-of-way, relocations, 
                excavated and/or dredged material disposal 
                areas shall not exceed the non-Federal share 
                identified in paragraph (3).
            (5) Operation, maintenance, repair, replacement and 
        rehabilitation.--Operation, maintenance, repair, 
        replacement and rehabilitation is 100 percent non-
        Federal cost.
            (6) Hold harmless.--Non-Federal interests hold and 
        save harmless the United States free from claims or 
        damages due to implementation of the project except for 
        negligence of the government.
            (7) Authorized appropriations.--There is authorized 
        to be appropriated to carry out this program 
        $20,000,000 for each fiscal year.
    Sec. 126. Chesapeake Bay Oyster Restoration, Maryland and 
Virginia.--The second sentence of section 704(b) of the Water 
Resources Development Act of 1986 (33 U.S.C. 2263(b)) is 
amended by striking ``$20,000,000'' and inserting 
``$30,000,000''.
    Sec. 127. The project for flood control, Little Calumet 
River, Indiana, authorized by section 401(a) of Public Law 99-
662 (100 Stat. 4115) is modified to authorize the Secretary of 
the Army to complete the project in accordance with the post 
authorization change report dated August 2000 at a total cost 
of $198,000,000 with an estimated Federal cost of $148,500,000 
and an estimated non-Federal cost of $49,500,000.
    Sec. 128. American River Watershed, California (Folsom Dam 
and Permanent Bridge).--(a) Coordination of Flood Damage 
Reduction and Dam Safety.--The Secretary of the Army and the 
Secretary of the Interior are directed to collaborate on 
authorized activities to maximize flood damage reduction 
improvements and address dam safety needs at Folsom Dam and 
Reservoir, California. The Secretaries shall expedite technical 
reviews for flood damage reduction and dam safety improvements. 
In developing improvements under this section, the Secretaries 
shall consider reasonable modifications to existing authorized 
activities, including a potential auxiliary spillway. In 
conducting such activities, the Secretaries are authorized to 
expend funds for coordinated technical reviews and joint 
planning, and preliminary design activities.
    (b) Secretary's Role.--Section 134 of Public Law 108-137 
(117 Stat. 1842) is modified to read as follows:

``SEC. 134. BRIDGE AUTHORIZATION.

    ``There is authorized to be appropriated to the Secretary 
of the Army $30,000,000 for the construction of the permanent 
bridge described in section 128(a), above the $36,000,000 
provided for in the recommended plan for bridge construction. 
The $30,000,000 shall not be subject to cost sharing 
requirements with non-Federal interests.''.
    (c) Conforming Change.--Section 128(a) of Public Law 108-
137 (117 Stat. 1838) is modified by deleting ``above the 
$36,000,000 provided for in the recommended plan for bridge 
construction,'' and inserting in lieu thereof the following: 
``above the sum of the $36,000,000 provided for in the 
recommended plan for bridge construction and the amount 
authorized to be appropriated by section 134, as amended,''.
    (d) Maximum Cost of Project.--The costs cited in 
subsections (b) and (c) shall be adjusted to allow for 
increases pursuant to section 902 of Public Law 99-662 (100 
Stat. 4183). For purposes of making adjustments pursuant to 
this subsection, the date of authorization of the bridge 
project shall be December 1, 2003.
      (e) Expedited Construction.--The Secretary, in 
coordination with the Secretary of the Interior and affected 
non-federal officials (including the City of Folsom, 
California), shall expedite construction of a new bridge and 
associated roadway authorized in Public Law 108-137. The 
Secretary, to the extent practicable, may construct such work 
in a manner that is compatible with the design and construction 
of authorized projects for flood damage reduction and dam 
safety. The Secretary and the Secretary of the Interior shall 
expedite actions under their respective jurisdictions to 
facilitate timely completion of construction.
      (f) Report to Congress.--The Secretary of the Army, in 
consultation with the Secretary of the Interior and non-federal 
interests, shall report to Congress within ninety days of the 
date of enactment of this Act, and at four-month intervals 
thereafter, on the status and schedule of planning, design and 
construction activity.
    Sec. 129. Jacksonville Harbor, Florida.--(a) The project 
for navigation, Jacksonville Harbor, Florida, authorized by 
section 101(a)(17) of the Water Resources Development Act of 
1999 (113 Stat. 276), is modified to authorize the Secretary to 
extend the navigation features in accordance with the Report of 
the Chief of Engineers, dated July 22, 2003, at a total cost of 
$14,658,000, with an estimated Federal cost of $9,636,000 and 
an estimated non-Federal cost of $5,022,000.
    (b) The non-Federal share of the costs of the General 
Reevaluation Reports on the Jacksonville Harbor which were 
begun prior to August 2004, shall be consistent with the non-
Federal costs in implementing the overall construction project.
    Sec. 130. Section 594(g) of the Water Resources Development 
Act of 1999 (113 Stat. 383) is amended by striking 
``$60,000,000'' and inserting ``$240,000,000''.
    Sec. 131. Onondaga Lake, New York.--Section 573 of the 
Water Resources Development Act of 1999 (113 Stat. 372) is 
amended--
            (1) in subsection (f) by striking ``$10,000,000'' 
        and inserting ``$30,000,000'';
            (2) by redesignating subsections (f) and (g) as 
        subsections (g) and (h), respectively; and
            (3) by inserting after subsection (e) the 
        following:
    ``(f) Nonprofit Entities.--Notwithstanding section 221(b) 
of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for 
any project carried out under this section, a non-Federal 
interest may include a nonprofit entity, with the consent of 
the affected local government.''.
    Sec. 132. White River Basin, Arkansas.--(a) Minimum 
Flows.--
            (1) In general.--The Secretary is authorized and 
        directed to implement alternatives BS-3 and NF-7, as 
        described in the White River Minimum Flows Reallocation 
        Study Report, Arkansas and Missouri, dated July 2004.
            (2) Cost sharing and allocation.--Reallocation of 
        storage and planning, design and construction of White 
        River Minimum Flows project facilities shall be 
        considered fish and wildlife enhancement that provides 
        national benefits and shall be a Federal expense in 
        accordance with section 906(e) of the Water Resources 
        Development Act of 1986 (33 U.S.C. 2283(e)). The non-
        Federal interests shall provide relocations or 
        modifications to public and private lakeside facilities 
        at Bull Shoals Lake and Norfork Lake to allow 
        reasonable continued use of the facilities with the 
        storage reallocation as determined by the Secretary in 
        consultation with the non-Federal interests. Operations 
        and maintenance costs of the White River Minimum Flows 
        project facilities shall be 100 percent Federal. All 
        Federal costs for the White River Minimum Flows project 
        shall be considered non-reimbursable.
            (3) Impacts on non-federal project.--The 
        Administrator of Southwestern Power Administration, in 
        consultation with the project licensee and the relevant 
        state public utility commissions, shall determine any 
        impacts on electric energy and capacity generated at 
        Federal Energy Regulatory Commission Project No. 2221 
        caused by the storage reallocation at Bull Shoals Lake, 
        based on data and recommendations provided by the 
        relevant state public utility commissions. The licensee 
        of Project No. 2221 shall be fully compensated by the 
        Corps of Engineers for those impacts on the basis of 
        the present value of the estimated future lifetime 
        replacement costs of the electrical energy and capacity 
        at the time of implementation of the White River 
        Minimum Flows project. Such costs shall be included in 
        the costs of implementing the White River Minimum Flows 
        project and allocated in accordance with subsection 
        (a)(2) above.
            (4) Offset.--In carrying out this subsection, 
        losses to the Federal hydropower purpose of the Bull 
        Shoals and Norfork Projects shall be offset by a 
        reduction in the costs allocated to the Federal 
        hydropower purpose. Such reduction shall be determined 
        by the Administrator of the Southwestern Power 
        Administration on the basis of the present value of the 
        estimated future lifetime replacement cost of the 
        electrical energy and capacity at the time of 
        implementation of the White River Minimum Flows 
        project.
    (b) Fish Hatchery.--In constructing, operating, and 
maintaining the fish hatchery at Beaver Lake, Arkansas, 
authorized by section 105 of the Water Resources Development 
Act of 1976 (90 Stat. 2921), losses to the Federal hydropower 
purpose of the Beaver Lake Project shall be offset by a 
reduction in the costs allocated to the Federal hydropower 
purpose. Such reduction shall be determined by the 
Administrator of the Southwestern Power Administration based on 
the present value of the estimated future lifetime replacement 
cost of the electrical energy and capacity at the time 
operation of the hatchery begins.
    (c) Repeal.--Section 374 of the Water Resources Development 
Act of 1999 (113 Stat. 321) and section 304 of the Water 
Resources Development Act of 2000 (Public Law 106-541) are 
repealed.
      Sec. 133. Calcasieu Ship Channel, Louisiana.--(a) In 
General.--At such time as Pujo Heirs and Westland Corporation 
convey all right, title, and interest in and to the real 
property described in paragraph (b)(1) to the United States, 
the Secretary shall convey all right, title, and interest of 
the United States in and to the real property described in 
paragraph (b)(2) to Pujo Heirs and Westland Corporation.
      (b) Land Description.--The parcels of land referred to in 
paragraph (a) are the following:
            (1) Non-federal interest in land.--An easement for 
        placement of dredged materials over a contiguous 
        equivalent area to the real property described in 
        subparagraph (2). The parcels on which such an easement 
        may be exchanged is all of the area within the diked or 
        confined boundaries of the Corps of Engineers Dredge 
        Material Placement Area M comprising Tract 128E, Tract 
        129E, Tract 131E, Tract 41A, Tract 42, Tract 132E, 
        Tract 130E, Tract 134E, Tract 133E-3, Tract 140E, or 
        some combination thereof.
            (2) Federal interest in land.--An easement for 
        placement of dredged materials over an area in Cameron 
        Parish, Louisiana, known as portions of Government 
        Tract Numbers 139E-2 and 48 (both tracts on the west 
        shore of the Calcasieu Ship Channel), and other tracts 
        known as Corps of Engineers Dredge Material Placement 
        Area O.
      (c) Conditions.--The exchange of real property under 
paragraph (a) shall be subject to the following conditions:
            (1) Deeds.--
                    (A) Non-federal land.--The conveyance of 
                the real property described in paragraph (b)(1) 
                to the Secretary shall be by a warranty deed 
                acceptable to the Secretary.
                    (B) Federal land.--The conveyance of the 
                real property described in paragraph (b)(2) to 
                Pujo Heirs and Westland Corporation shall be by 
                a quitclaim deed.
            (2) Time limit for exchange.--The land exchange 
        under paragraph (a) shall be completed not later than 
        six months after the date of enactment of this Act.
            (3) Incremental costs.--As determined by the 
        Secretary, incremental costs to the Lake Charles Harbor 
        and Terminal District associated with the preparation 
        of the area and the placement of dredge material in the 
        new disposal easement area, paragraph (b)(1), 
        including, site preparation costs, associated testing, 
        permitting, mitigation and diking costs associated with 
        such new disposal easement over the costs that would 
        have been incurred in the placement of dredge material 
        in the old disposal easement area, paragraph (b)(2) 
        (comprising all of Corps of Engineers Dredge Material 
        Placement Area O) up to the disposal capacity 
        equivalent of the property described in paragraph 
        (b)(2), shall be made available by the Owners. Owners 
        shall make appropriated guarantees, as agreed to by the 
        Secretary, that funds will be available as needed to 
        cover such incremental costs. The Lake Charles Harbor 
        and Terminal District, as local sponsor for the 
        Calcasieu Ship Channel Project, shall not be assessed 
        or caused to incur any costs arising out of, associated 
        with or as a consequence of the land exchange 
        authorized under paragraph (a).
      (d) Value of Properties.--If the appraised fair market 
value, as determined by the Secretary, of the real property 
conveyed to Pujo Heirs and Westland Corporation by the 
Secretary under paragraph (a) exceeds the appraised fair market 
value, as determined by the Secretary, of the real property 
conveyed to the United States by Pujo Heirs and Westland 
Corporation under paragraph (a), Pujo Heirs and Westland 
Corporation shall make a payment to the United States equal to 
the excess in cash or a cash equivalent that is satisfactory to 
the Secretary.
    Sec. 134. Project Modification.--(a) In General.--The 
project for flood damage reduction, environmental restoration, 
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--
            (1) to deauthorize the ecosystem restoration 
        portion of the project that consists of approximately 
        90 acres of land located between Randol Mill and the 
        Union Pacific East/West line; and
            (2) to authorize the Secretary of the Army to 
        design and construct an ecosystem restoration project 
        on lands identified in subsection (c) that will provide 
        the same or greater level of national ecosystem 
        restoration benefits as the portion of the project 
        described in paragraph (1).
    (b) Credit Toward Federal Share.--The Secretary of the Army 
shall credit toward the Federal share of the cost of the 
modified project the costs incurred by the Secretary to carry 
out the project as originally authorized under section 
101(b)(14) of the Water Resources Development Act of 1999 (113 
Stat. 280). The non-Federal interest shall not be responsible 
for reimbursing the Secretary for any amount credited under 
this subsection.
    (c) Comparable Property.--Not later than 6 months after the 
date of enactment of this Act, the City of Arlington, Texas, 
shall identify lands, acceptable to the Secretary of the Army, 
amounting to not less than 90 acres within the City, where an 
ecosystem restoration project may be constructed to provide the 
same or greater level of National ecosystem restoration 
benefits as the land described in subsection (a)(1).
    Sec. 135. Funds made available in Public Law 105-62 and 
Public Law 105-245 for Hudson River, Athens, New York, shall be 
available for projects in the Catskill/Delaware watersheds in 
Delaware and Greene Counties, New York, under the authority of 
the New York City Watershed Environmental Assistance Program.
    Sec. 136. None of the funds contained in title I of this 
Act shall be available to permanently reassign or to 
temporarily reassign in excess of 180 days personnel from the 
Charleston, South Carolina district office: Provided, That this 
limitation shall not apply to voluntary change of station.
    Sec. 137. The Secretary of the Army, acting through the 
Chief of Engineers, is hereby authorized and directed to design 
and construct until hereafter completed, the recreation and 
access features designated as Phase II of the Louisville 
Waterfront Park, Kentucky, as described in the Louisville 
Waterfront Park, Phases II and III, Detailed Project Report, by 
the Louisville District of the Corps of Engineers dated May 
2002. The project shall be cost shared 50 percent Federal and 
50 percent non-Federal. The cost of project work undertaken by 
the non-Federal interests, including but not limited to prior 
planning, design, and construction, shall be credited toward 
the non-Federal share of project design and construction costs.
    Sec. 138. Akutan, Alaska.--(a) In General.--The Secretary 
of the Army is authorized to carry out the project for 
navigation, Akutan, Alaska, substantially in accordance with 
the plans, and subject to the conditions, described in the 
Report of the Chief of Engineers dated December 20, 2004, at a 
total cost of $19,700,000.
    (b) Treatment of Certain Dredging.--The headlands dredging 
for the mooring basin shall be considered a general navigation 
feature for purposes of estimating the non-Federal share of the 
cost of the project.
    Sec. 139. (a) In General.--The project for the beneficial 
use of dredged material at Poplar Island, Maryland, authorized 
by section 537 of the Water Resources Development Act of 1996 
(110 Stat. 3776) shall be known as and designated as the ``Paul 
S. Sarbanes Ecosystem Restoration Project at Poplar Island''.
    (b) Reference.--Any reference in a law, map, regulation, 
document, paper or other record of the United States (including 
reference by the Corps of Engineers) to the project referred to 
in subsection (a) shall be deemed to be a reference to the 
``Paul S. Sarbanes Ecosystem Restoration Project at Poplar 
Island''.
    (c) Effective Date.--The project designation in this 
section shall become effective on January 4, 2007.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                CENTRAL UTAH PROJECT COMPLETION ACCOUNT

    For carrying out activities authorized by the Central Utah 
Project Completion Act, $32,614,000, to remain available until 
expended, of which $946,000 shall be deposited into the Utah 
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, 
$1,736,000, to remain available until expended.

                         Bureau of Reclamation

    The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation:

                      WATER AND RELATED RESOURCES

                     (INCLUDING TRANSFER OF FUNDS)

    For management, development, and restoration of water and 
related natural resources and for related activities, including 
the operation, maintenance, and rehabilitation of reclamation 
and other facilities, participation in fulfilling related 
Federal responsibilities to Native Americans, and related 
grants to, and cooperative and other agreements with, State and 
local governments, Indian tribes, and others, $883,514,000, to 
remain available until expended, of which $59,544,000 shall be 
available for transfer to the Upper Colorado River Basin Fund 
and $21,998,000 shall be available for transfer to the Lower 
Colorado River Basin Development Fund; of which such amounts as 
may be necessary may be advanced to the Colorado River Dam 
Fund; of which not more than $500,000 is for high priority 
projects which shall be carried out by the Youth Conservation 
Corps, as authorized by 16 U.S.C. 1706: 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 
$500,000 of the funds provided herein shall be used on a non-
reimbursable basis to fund the collection of technical and 
environmental data to be used to evaluate potential 
rehabilitation of the St. Mary Storage Unit facilities, Milk 
River Project, Montana, and that Reclamation shall enter into 
cooperative agreements with the State of Montana or the 
Blackfeet Tribe to carry out such work if the Secretary 
determines such agreements would be cost-effective and 
efficient.

                CENTRAL VALLEY PROJECT RESTORATION FUND

    For carrying out the programs, projects, plans, and habitat 
restoration, improvement, and acquisition provisions of the 
Central Valley Project Improvement Act, $52,219,000, to be 
derived from such sums as may be collected in the Central 
Valley Project 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, 
$37,000,000, to remain available until expended, of which such 
amounts as may be necessary to carry out such activities may be 
transferred to appropriate accounts of other participating 
Federal agencies to carry out authorized purposes: Provided, 
That funds appropriated herein may be used for the Federal 
share of the costs of CALFED Program management: Provided 
further, That the use of any funds provided to the California 
Bay-Delta Authority for program-wide management and oversight 
activities shall be subject to the approval of the Secretary of 
the Interior: Provided further, That CALFED implementation 
shall be carried out in a balanced manner with clear 
performance measures demonstrating concurrent progress in 
achieving the goals and objectives of the Program: Provided 
further, That $500,000 shall be transferred to the Army Corps 
of Engineers to carry out the report on levee stability 
reconstruction projects and priorities authorized under section 
103(f)(3) of Public Law 108-361.

                       POLICY AND ADMINISTRATION

    For necessary expenses of policy, administration, and 
related functions in the office of the Commissioner, the Denver 
office, and offices in the five regions of the Bureau of 
Reclamation, to remain available until expended, $57,917,000, 
to be derived from the Reclamation Fund and be nonreimbursable 
as provided in 43 U.S.C. 377: Provided, That no part of any 
other appropriation in this Act shall be available for 
activities or functions budgeted as policy and administration 
expenses.

                        ADMINISTRATIVE PROVISION

    Appropriations for the Bureau of Reclamation shall be 
available for purchase of not to exceed 14 passenger motor 
vehicles, of which 11 are for replacement only.

             General Provisions, Department of the Interior

    Sec. 201. (a) None of the funds appropriated or otherwise 
made available by this Act may be used to determine the final 
point of discharge for the interceptor drain for the San Luis 
Unit until development by the Secretary of the Interior and the 
State of California of a plan, which shall conform to the water 
quality standards of the State of California as approved by the 
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. (a) Section 1(a) of the Lower Colorado Water 
Supply Act (Public Law 99-655) is amended by adding at the end 
the following: ``The Secretary is authorized to enter into an 
agreement or agreements with the city of Needles or the 
Imperial Irrigation District for the design and construction of 
the remaining stages of the Lower Colorado Water Supply Project 
on or after November 1, 2004, and the Secretary shall ensure 
that any such agreement or agreements include provisions 
setting forth: (1) the responsibilities of the parties to the 
agreement for design and construction; (2) the locations of the 
remaining wells, discharge pipelines, and power transmission 
lines; (3) the remaining design capacity of up to 5,000 acre-
feet per year which is the authorized capacity less the design 
capacity of the first stage constructed; (4) the procedures and 
requirements for approval and acceptance by the Secretary of 
the remaining stages, including approval of the quality of 
construction, measures to protect the public health and safety, 
and procedures for protection of such stages; (5) the rights, 
responsibilities, and liabilities of each party to the 
agreement; and (6) the term of the agreement.''.
    (b) Section 2(b) of the Lower Colorado Water Supply Act 
(Public Law 99-655) is amended by adding at the end the 
following: ``Subject to the demand of such users along or 
adjacent to the Colorado River for Project water, the Secretary 
is further authorized to contract with additional persons or 
entities who hold Boulder Canyon Project Act section 5 
contracts for municipal and industrial uses within the State of 
California for the use or benefit of Project water under such 
terms as the Secretary determines will benefit the interest of 
Project users along the Colorado River.''.
    Sec. 204. Funds under this title for Drought Emergency 
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. 205. The Secretary of the Interior, acting through the 
Commissioner of the Bureau of Reclamation, is authorized to 
enter into grants, cooperative agreements, and other agreements 
with irrigation or water districts and States to fund up to 50 
percent 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. 206. Water Desalination Act.--Section 8 of Public Law 
104-298 (The Water Desalination Act of 1996) (110 Stat. 3624) 
as amended by section 210 of Public Law 108-7 (117 Stat. 146) 
and by section 6015 of Public Law 109-13 is amended by--
            (1) in paragraph (a) by striking ``2005'' and 
        inserting in lieu thereof ``2006''; and
            (2) in paragraph (b) by striking ``2005'' and 
        inserting in lieu thereof ``2006''.
    Sec. 207. Section 17(b) of the Colorado Ute Indian Water 
Rights Settlement Act of 1988 as amended (Public Law 100-585, 
102 Stat. 2973; Public Law 106-554, 114 Stat. 2763A-266) is 
amended by striking ``within 7 years'' and all that follows 
through ``following the date of enactment of this section'' and 
inserting ``for each of fiscal years 2006 through 2012''.
    Sec. 208. (a)(1) Using amounts made available under section 
2507 of the Farm and Security Rural Investment Act of 2002 (43 
U.S.C. 2211 note; Public Law 107-171), the Secretary shall 
provide not more than $70,000,000 to the University of Nevada--
            (A) to acquire from willing sellers land, water 
        appurtenant to the land, and related interests in the 
        Walker River Basin, Nevada; and
            (B) to establish and administer an agricultural and 
        natural resources center, the mission of which shall be 
        to undertake research, restoration, and educational 
        activities in the Walker River Basin relating to--
                    (i) innovative agricultural water 
                conservation;
                    (ii) cooperative programs for environmental 
                restoration;
                    (iii) fish and wildlife habitat 
                restoration; and
                    (iv) wild horse and burro research and 
                adoption marketing.
    (2) In acquiring interests under paragraph (1)(A), the 
University of Nevada shall make acquisitions that the 
University determines are the most beneficial to--
            (A) the establishment and operation of the 
        agricultural and natural resources research center 
        authorized under paragraph (1)(B); and
            (B) environmental restoration in the Walker River 
        Basin.
    (b)(1) Using amounts made available under section 2507 of 
the Farm and Security Rural Investment Act of 2002 (43 U.S.C. 
2211 note; Public Law 107-171), the Secretary shall provide not 
more than $10,000,000 for a water lease and purchase program 
for the Walker River Paiute Tribe.
    (2) Water acquired under paragraph (1) shall be--
            (A) acquired only from willing sellers;
            (B) designed to maximize water conveyances to 
        Walker Lake; and
            (C) located only within the Walker River Paiute 
        Indian Reservation.
    (c) Using amounts made available under section 2507 of the 
Farm and Security Rural Investment Act of 2002 (43 U.S.C. 2211 
note; Public Law 107-171), the Secretary, acting through the 
Commissioner of Reclamation, shall provide--
            (1) $10,000,000 for tamarisk eradication, riparian 
        area restoration, and channel restoration efforts 
        within the Walker River Basin that are designed to 
        enhance water delivery to Walker Lake, with priority 
        given to activities that are expected to result in the 
        greatest increased water flows to Walker Lake; and
            (2) $5,000,000 to the United States Fish and 
        Wildlife Service, the Walker River Paiute Tribe, and 
        the Nevada Division of Wildlife to undertake 
        activities, to be coordinated by the Director of the 
        United States Fish and Wildlife Service, to complete 
        the design and implementation of the Western Inland 
        Trout Initiative and Fishery Improvements in the State 
        of Nevada with an emphasis on the Walker River Basin.
    (d) For each day after June 30, 2006, on which the Bureau 
of Reclamation fails to comply with subsections (a), (b), and 
(c), the total amount made available for salaries and expenses 
of the Bureau of Reclamation shall be reduced by $100,000 per 
day.
      Sec. 209. (a) The Secretary of the Interior is authorized 
to complete a special report to update the analysis of costs 
and associated benefits of the Auburn-Folsom South Unit, 
Central Valley Project, California authorized under Federal 
reclamation laws and the Act of September 2, 1965, P.L. 89-161, 
79 Stat. 615 in order to--
            (1) identify those project features that are still 
        relevant;
            (2) identify changes in benefit values from 
        previous analyses and update to current levels;
            (3) identify design standard changes from the 1978 
        Reclamation design which require updated project 
        engineering;
            (4) assess risks and uncertainties associated with 
        the 1978 Reclamation design;
            (5) update design and reconnaissance-level cost 
        estimate for features identified under paragraph (1); 
        and
            (6) perform other analyses that the Secretary deems 
        appropriate to assist in the determination of whether a 
        full feasibility study is warranted.
      (b) There are authorized to be appropriated $1,000,000 to 
carry out this section. The cost of completing this update 
shall be non-reimbursable.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                     Energy Supply and Conservation

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, 
and other expenses necessary for energy supply and energy 
conservation activities in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property 
or any facility or for plant or facility acquisition, 
construction, or expansion, $1,830,936,000, to remain available 
until expended.

                         Clean Coal Technology

                       (DEFERRAL AND RESCISSION)

    Of the funds made available under this heading for 
obligation in prior years, $257,000,000 shall not be available 
until October 1, 2006: Provided, That funds made available in 
previous 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 
$20,000,000 of uncommitted balances is rescinded.

                 Fossil Energy Research and Development

    For necessary expenses in carrying out fossil energy 
research and development activities, under the authority of the 
Department of Energy Organization Act (Public Law 95-91), 
including the acquisition of interest, including defeasible and 
equitable interests in any real property or any facility or for 
plant or facility acquisition or expansion, the hire of 
passenger motor vehicles, the hire, maintenance, and operation 
of aircraft, the purchase, repair, and cleaning of uniforms, 
the reimbursement to the General Services Administration for 
security guard services, and for conducting inquiries, 
technological investigations and research concerning the 
extraction, processing, use, and disposal of mineral substances 
without objectionable social and environmental costs (30 U.S.C. 
3, 1602, and 1603), $597,994,000, to remain available until 
expended, of which $18,000,000 is to continue a multi-year 
project coordinated with the private sector for FutureGen, 
without regard to the terms and conditions applicable to clean 
coal technological projects: Provided, That the initial 
planning and research stages of the FutureGen project shall 
include a matching requirement from non-Federal sources of at 
least 20 percent of the costs: Provided further, That any 
demonstration component of such project shall require a 
matching requirement from non-Federal sources of at least 50 
percent of the costs of the component: Provided further, That 
of the amounts provided, $50,000,000 is available, after 
coordination with the private sector, for a request for 
proposals for a Clean Coal Power Initiative providing for 
competitively-awarded research, development, and demonstration 
projects to reduce the barriers to continued and expanded coal 
use: Provided further, That no project may be selected for 
which sufficient funding is not available to provide for the 
total project: Provided further, That funds shall be expended 
in accordance with the provisions governing the use of funds 
contained under the heading ``Clean Coal Technology'' in 42 
U.S.C. 5903d as well as those contained under the heading 
``Clean Coal Technology'' in prior appropriations: Provided 
further, That the Department may include provisions for 
repayment of Government contributions to individual projects in 
an amount up to the Government contribution to the project on 
terms and conditions that are acceptable to the Department 
including repayments from sale and licensing of technologies 
from both domestic and foreign transactions: Provided further, 
That such repayments shall be retained by the Department for 
future coal-related research, development and demonstration 
projects: Provided further, That any technology selected under 
this program shall be considered a Clean Coal Technology, and 
any project selected under this program shall be considered a 
Clean Coal Technology Project, for the purposes of 42 U.S.C. 
7651n, and chapters 51, 52, and 60 of title 40 of the Code of 
Federal Regulations: Provided further, That no part of the sum 
herein made available shall be used for the field testing of 
nuclear explosives in the recovery of oil and gas: Provided 
further, That up to 4 percent of program direction funds 
available to the National Energy Technology Laboratory may be 
used to support Department of Energy activities not included in 
this account: Provided further, That for fiscal year 2006 
salaries for Federal employees performing research and 
development activities at the National Energy Technology 
Laboratory can continue to be funded from program accounts: 
Provided further,  That the Secretary of Energy is authorized 
to accept fees and contributions from public and private 
sources, to be deposited in a contributed funds account, and 
prosecute projects using such fees and contributions in 
cooperation with other Federal, State, or private agencies or 
concerns: Provided further, That revenues and other moneys 
received by or for the account of the Department of Energy or 
otherwise generated by sale of products in connection with 
projects of the Department appropriated under the Fossil Energy 
Research and Development account may be retained by the 
Secretary of Energy, to be available until expended, and used 
only for plant construction, operation, costs, and payments to 
cost-sharing entities as provided in appropriate cost-sharing 
contracts or agreements.

                 Naval Petroleum and Oil Shale Reserves

    For expenses necessary to carry out naval petroleum and oil 
shale reserve activities, including the hire of passenger motor 
vehicles, $21,500,000, to remain available until expended: 
Provided, That, notwithstanding any other provision of law, 
unobligated funds remaining from prior years shall be available 
for all naval petroleum and oil shale reserve activities.

                      Elk Hills School Lands Fund

    For necessary expenses in fulfilling installment payments 
under the Settlement Agreement entered into by the United 
States and the State of California on October 11, 1996, as 
authorized by section 3415 of Public Law 104-106, $48,000,000, 
for payment to the State of California for the State Teachers' 
Retirement Fund, of which $46,000,000 will be derived from the 
Elk Hills School Lands Fund.

                      Strategic Petroleum Reserve

    For necessary expenses for Strategic Petroleum Reserve 
facility development and operations and program management 
activities pursuant to the Energy Policy and Conservation Act 
of 1975, as amended (42 U.S.C. 6201 et seq.), including the 
hire of passenger motor vehicles, the hire, maintenance, and 
operation of aircraft, the purchase, repair, and cleaning of 
uniforms, the reimbursement to the General Services 
Administration for security guard services, $166,000,000, to 
remain available until expended.

                   Energy Information Administration

    For necessary expenses in carrying out the activities of 
the Energy Information Administration, $86,176,000, to remain 
available until expended.

                   Non-Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment 
and other expenses necessary for non-defense environmental 
cleanup activities in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property 
or any facility or for plant or facility acquisition, 
construction, or expansion, and the purchase of not to exceed 
six passenger motor vehicles, of which five shall be for 
replacement only, $353,219,000, to remain available until 
expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

    For necessary expenses in carrying out uranium enrichment 
facility decontamination and decommissioning, remedial actions, 
and other activities of title II of the Atomic Energy Act of 
1954, as amended, and title X, subtitle A, of the Energy Policy 
Act of 1992, $562,228,000, to be derived from the Fund, to 
remain available until expended, of which $20,000,000 shall be 
available in accordance with title X, subtitle A, of the Energy 
Policy Act of 1992.

                                Science

    For Department of Energy expenses including the purchase, 
construction and acquisition of plant and capital equipment, 
and other expenses necessary for science activities in carrying 
out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or facility or for plant or 
facility acquisition, construction, or expansion, and purchase 
of not to exceed forty-seven passenger motor vehicles for 
replacement only, including not to exceed one ambulance and two 
buses, $3,632,718,000, to remain available until expended.

                         Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the 
purposes of the Nuclear Waste Policy Act of 1982, Public Law 
97-425, as amended (the ``Act''), including the acquisition of 
real property or facility construction or expansion, 
$150,000,000, to remain available until expended, of which 
$100,000,000 shall be derived from the Nuclear Waste Fund: 
Provided, That of the funds made available in this Act for 
Nuclear Waste Disposal, $2,000,000 shall be provided to the 
State of Nevada solely for expenditures, other than salaries 
and expenses of State employees, to conduct scientific 
oversight responsibilities and participate in licensing 
activities pursuant to the Act: Provided further, That 
notwithstanding the lack of a written agreement with the State 
of Nevada under section 117(c) of the Nuclear Waste Policy Act 
of 1982, Public Law 97-425, as amended, not less than $500,000 
shall be provided to Nye County, Nevada, for on-site oversight 
activities under section 117(d) of that Act: Provided further, 
That $7,500,000 shall be provided to affected units of local 
government, as defined in the Act, to conduct appropriate 
activities and participate in licensing activities: Provided 
further, That 7.5 percent of the funds provided shall be made 
available to affected units of local government in California 
with the balance made available to affected units of local 
government in Nevada for distribution as determined by the 
Nevada units of local government: Provided further, That 
notwithstanding the provisions of Chapters 65 and 75 of Title 
31, the Department shall have no monitoring, auditing or other 
oversight rights or responsibilities over amounts provided to 
affected units of local government under this heading: Provided 
further, That the funds for the State of Nevada shall be made 
available solely to the Nevada Division of Emergency Management 
by direct payment and units of local government by direct 
payment: Provided further, That within 90 days of the 
completion of each Federal fiscal year, the Nevada Division of 
Emergency Management and the Governor of the State of Nevada 
shall provide certification to the Department of Energy that 
all funds expended from such payments have been expended for 
activities authorized by the Act and this Act: Provided 
further, That failure to provide such certification shall cause 
such entity to be prohibited from any further funding provided 
for similar activities: Provided further, That none of the 
funds herein appropriated may be: (1) used directly or 
indirectly to influence legislative action on any matter 
pending before Congress or a State legislature or for lobbying 
activity as provided in 18 U.S.C. 1913; (2) used for litigation 
expenses; or (3) used to support multi-State efforts or other 
coalition building activities inconsistent with the 
restrictions contained in this Act: Provided further, That all 
proceeds and recoveries realized by the Secretary in carrying 
out activities authorized by the Act, including but not limited 
to, any proceeds from the sale of assets, shall be available 
without further appropriation and shall remain available until 
expended: Provided further, That no funds provided in this Act 
may be used to pursue repayment or collection of funds provided 
in any fiscal year to affected units of local government for 
oversight activities that had been previously approved by the 
Department of Energy, or to withhold payment of any such funds.

                      Departmental Administration

    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, $252,817,000, to remain available until 
expended, plus such additional amounts as necessary to cover 
increases in the estimated amount of cost of work for others 
notwithstanding the provisions of the Anti-Deficiency Act (31 
U.S.C. 1511 et seq.): Provided, That such increases in cost of 
work are offset by revenue increases of the same or greater 
amount, to remain available until expended: Provided further, 
That moneys received by the Department for miscellaneous 
revenues estimated to total $123,000,000 in fiscal year 2006 
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 2006, and any related 
appropriated receipt account balances remaining from prior 
years' miscellaneous revenues, so as to result in a final 
fiscal year 2006 appropriation from the general fund estimated 
at not more than $129,817,000: Provided further, That not later 
than 90 days after the date of the enactment of this Act, the 
Secretary of Energy shall submit to the Committee on 
Appropriations of the Senate and the Committee on 
Appropriations of the House of Representatives a report, in 
unclassified form but with a classified appendix if necessary, 
on the Department of Energy's plan to bring security for 
Building 3019 at the Oak Ridge National Laboratory, Oak Ridge, 
Tennessee, into full compliance with the Department's Design 
Basis Threat Policy: Provided further, That the report shall 
include--
            (1) a detailed description of any element of the 
        Department's Design Basis Threat Policy that is not to 
        be fully addressed throughout the remaining lifetime of 
        Building 3019;
            (2) a detailed description of the security 
        implementation plan, including security personnel, 
        perimeter detection capability, response capabilities, 
        use of security technology, and methods of meeting 
        physical standoff requirements;
            (3) a schedule with specific dates describing the 
        milestones to achieve compliance with the Department's 
        Design Basis Threat Policy;
            (4) a security management plan signed by the 
        Secretary of Energy specifying the program secretarial 
        offices responsible for implementing and funding the 
        security program, including any incremental funding 
        requirements to upgrade security levels for the period 
        during the material handling and processing activities 
        leading to complete disposition of the stored inventory 
        of special nuclear material; and
            (5) the justification for failing to fully comply 
        with the Design Basis Threat Policy, if the Secretary 
        does not intend to implement a security program at 
        Building 3019 that fully complies with the Department's 
        Design Basis Threat requirements for new, continuing 
        operations.

                    Office of the Inspector General

    For necessary expenses of the Office of the Inspector 
General in carrying out the provisions of the Inspector General 
Act of 1978, as amended, $42,000,000, to remain available until 
expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           Weapons Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment 
and other incidental expenses necessary for atomic energy 
defense weapons activities in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property 
or any facility or for plant or facility acquisition, 
construction, or expansion; and the purchase of not to exceed 
40 passenger motor vehicles, for replacement only, including 
not to exceed two buses; $6,433,936,000, to remain available 
until expended: Provided, That $81,350,000 is authorized to be 
appropriated for Project 01-D-124 HEU materials facility, Y-12 
Plant, Oak Ridge, Tennessee: Provided further, That $7,000,000 
is authorized to be appropriated for Project 05-D-140 Project 
engineering and design (PED), various locations.

                    Defense Nuclear Nonproliferation

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment 
and other incidental expenses necessary for atomic energy 
defense, defense nuclear nonproliferation activities, in 
carrying out the 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, $1,631,151,000, 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, $789,500,000, to remain 
available until expended.

                      Office of the Administrator

    For necessary expenses of the Office of the Administrator 
in the National Nuclear Security Administration, including 
official reception and representation expenses not to exceed 
$12,000, $341,869,000, to remain available until expended.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment 
and other expenses necessary for atomic energy defense 
environmental cleanup activities in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 et 
seq.), including the acquisition or condemnation of any real 
property or any facility or for plant or facility acquisition, 
construction, or expansion, $6,192,371,000, to remain available 
until expended.

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment 
and other expenses, necessary for atomic energy defense, other 
defense activities, and classified activities, in carrying out 
the purposes of the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition or condemnation 
of any real property or any facility or for plant or facility 
acquisition, construction, or expansion, and the purchase of 
not to exceed ten passenger motor vehicles for replacement 
only, including not to exceed two buses; $641,998,000, to 
remain available until expended.

                     Defense Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the 
purposes of Public Law 97-425, as amended, including the 
acquisition of real property or facility construction or 
expansion, $350,000,000, to remain available until expended.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for 
official reception and representation expenses in an amount not 
to exceed $1,500. During fiscal year 2006, no new direct loan 
obligations may be made.

      Operation and Maintenance, Southeastern Power Administration

    For necessary expenses of operation and maintenance of 
power transmission facilities and of electric power and energy, 
including transmission wheeling and ancillary services pursuant 
to section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), 
as applied to the southeastern power area, $5,600,000, to 
remain available until expended: Provided, That, 
notwithstanding 31 U.S.C. 3302, up to $32,713,000 collected by 
the Southeastern Power 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, $30,166,000, to remain available until 
expended: Provided, That, notwithstanding 31 U.S.C. 3302, up to 
$3,000,000 collected by the Southwestern Power Administration 
pursuant to the Flood Control Act to recover purchase power and 
wheeling expenses shall be credited to this account as 
offsetting collections, to remain available until expended for 
the sole purpose of making purchase power and wheeling 
expenditures.

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

    For carrying out the functions authorized by title III, 
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 
7152), and other related activities including conservation and 
renewable resources programs as authorized, including official 
reception and representation expenses in an amount not to 
exceed $1,500; $233,992,000, to remain available until 
expended, of which $229,596,000 shall be derived from the 
Department of the Interior Reclamation Fund: Provided, That of 
the amount herein appropriated, $6,700,000 is for deposit into 
the Utah Reclamation Mitigation and Conservation Account 
pursuant to title IV of the Reclamation Projects Authorization 
and Adjustment Act of 1992: Provided further, That of the 
amount herein appropriated, $6,000,000 shall be available until 
expended on a nonreimbursable basis to the Western Area Power 
Administration for Topock-Davis-Mead Transmission Line 
Upgrades: Provided further, That notwithstanding the provision 
of 31 U.S.C. 3302, up to $279,000,000 collected by the Western 
Area Power Administration pursuant to the Flood Control Act of 
1944 and the Reclamation Project Act of 1939 to recover 
purchase power and wheeling expenses shall be credited to this 
account as offsetting collections, to remain available until 
expended for the sole purpose of making purchase power and 
wheeling expenditures.

           Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, 
$2,692,000, to remain available until expended, and to be 
derived from the Falcon and Amistad Operating and Maintenance 
Fund of the Western Area Power Administration, as provided in 
section 423 of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995.

                  Federal Energy Regulatory Commission

                         SALARIES AND EXPENSES

    For necessary expenses of the Federal Energy Regulatory 
Commission to carry out the provisions of the Department of 
Energy Organization Act (42 U.S.C. 7101 et seq.), including 
services as authorized by 5 U.S.C. 3109, the hire of passenger 
motor vehicles, and official reception and representation 
expenses not to exceed $3,000, $220,400,000, to remain 
available until expended: Provided, That notwithstanding any 
other provision of law, not to exceed $220,400,000 of revenues 
from fees and annual charges, and other services and 
collections in fiscal year 2006 shall be retained and used for 
necessary expenses in this account, and shall remain available 
until expended: Provided further, That the sum herein 
appropriated from the general fund shall be reduced as revenues 
are received during fiscal year 2006 so as to result in a final 
fiscal year 2006 appropriation from the general fund estimated 
at not more than $0.

                           GENERAL PROVISIONS

                          DEPARTMENT OF ENERGY

    Sec. 301. (a)(1) None of the funds in this or any other 
appropriations Act for fiscal year 2006 or any previous fiscal 
year may be used to make payments for a noncompetitive 
management and operating contract unless the Secretary of 
Energy has published in the Federal Register and submitted to 
the Committees on 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. 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. 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. None of the funds appropriated by this Act may be 
used to prepare or initiate Requests For Proposals (RFPs) for a 
program if the program has not been funded by Congress.
    Sec. 305. The unexpended balances of prior appropriations 
provided for activities in this Act may be available to the 
same appropriation accounts for such activities established 
pursuant to this title. Available balances may be merged with 
funds in the applicable established accounts and thereafter may 
be accounted for as one fund for the same time period as 
originally enacted.
    Sec. 306. None of the funds in this or any other Act for 
the Administrator of the Bonneville Power Administration may be 
used to enter into any agreement to perform energy efficiency 
services outside the legally defined Bonneville service 
territory, with the exception of services provided 
internationally, including services provided on a reimbursable 
basis, unless the Administrator certifies in advance that such 
services are not available from private sector businesses.
    Sec. 307. When the Department of Energy makes a user 
facility available to universities or other potential users, or 
seeks input from universities or other potential users 
regarding significant characteristics or equipment in a user 
facility or a proposed user facility, the Department shall 
ensure broad public notice of such availability or such need 
for input to universities and other potential users. When the 
Department of Energy considers the participation of a 
university or other potential user as a formal partner in the 
establishment or operation of a user facility, the Department 
shall employ full and open competition in selecting such a 
partner. For purposes of this section, the term ``user 
facility'' includes, but is not limited to: (1) a user facility 
as described in section 2203(a)(2) of the Energy Policy Act of 
1992 (42 U.S.C. 13503(a)(2)); (2) a National Nuclear Security 
Administration Defense Programs Technology Deployment Center/
User Facility; and (3) any other Departmental facility 
designated by the Department as a user facility.
    Sec. 308. Funds appropriated by this or any other Act, or 
made available by the transfer of funds in this Act, for 
intelligence activities are deemed to be specifically 
authorized by the Congress for purposes of section 504 of the 
National Security Act of 1947 (50 U.S.C. 414) during fiscal 
year 2006 until the enactment of the Intelligence Authorization 
Act for fiscal year 2006.
    Sec. 309. None of the funds in this Act may be used to 
dispose of transuranic waste in the Waste Isolation Pilot Plant 
which contains concentrations of plutonium in excess of 20 
percent by weight for the aggregate of any material category on 
the date of enactment of this Act, or is generated after such 
date. For the purpose of this section, the material categories 
of transuranic waste from the Rocky Flats Environmental 
Technology Site include: (1) ash residues; (2) salt residue; 
(3) wet residues; (4) direct repackage residues; and (5) scrub 
alloy as referenced in the ``Final Environmental Impact 
Statement on Management of Certain Plutonium Residues and Scrub 
Alloy Stored at the Rocky Flats Environmental Technology 
Site''.
    Sec. 310. Reno Hydrogen Fuel Project Funding.--(a) The non-
Federal share of project costs shall be 20 percent.
    (b) The cost of project vehicles, related facilities, and 
other activities funded from the Federal Transit Administration 
Sections 5307, 5308, 5309, and 5314 program, including the non-
Federal share for the FTA funds, is an eligible component of 
the non-Federal share for this project.
    (c) Contribution of the non-Federal share of project costs 
for all grants made for this project may be deferred until the 
entire project is completed.
    (d) All operations and maintenance costs associated with 
vehicles, equipment, and facilities utilized for this project 
are eligible project costs.
    (e) This section applies to project appropriations 
beginning in fiscal year 2004.
    Sec. 311. Laboratory Directed Research and 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 3 percent of such funds, to be 
used by the plant manager of a covered nuclear weapons 
production plant or the manager of the Nevada Site Office for 
plant or site-directed research and development: Provided 
further, That notwithstanding Department of Energy order 
413.2A, dated January 8, 2001, beginning in fiscal year 2006 
and thereafter, all DOE laboratories may be eligible for 
laboratory directed research and development funding.
    Sec. 312. Of amounts appropriated to the Secretary of 
Energy for the Rocky Flats Environmental Technology Site for 
fiscal year 2006, the Secretary may provide, subject to 
authorization, up to $10,000,000 for the purchase of mineral 
rights at the Rocky Flats Environmental Technology Site.
    Sec. 313. Section 4306 of the Atomic Energy Defense Act (50 
U.S.C. 2566) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)(A), by striking 
                ``2009'' each place it appears and inserting 
                ``2012''; and
                    (B) in paragraph (3)--
                            (i) in subparagraph (B)(ii), by 
                        striking ``2009'' and inserting, 
                        ``2012''; and
                            (ii) in subparagraph (C), by 
                        striking ``2009'' and inserting 
                        ``2012'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by striking ``(a)(2)'' and 
                        inserting ``(g)''; and
                            (ii) by striking ``2009'' and 
                        inserting ``2012'';
                    (B) in paragraph (4), by striking ``2009'' 
                each place it appears and inserting ``2012''; 
                and
                    (C) in paragraph (5), by striking ``2009'' 
                and inserting ``2012'';
            (3) in subsection (c)--
                    (A) in the matter preceding paragraph (1), 
                by striking, ``2009'' and inserting ``2012'';
                    (B) in paragraph (1), by striking ``2011'' 
                and inserting ``2014''; and
                    (C) in paragraph (2), by striking ``2017'' 
                each place it appears and inserting ``2020'';
            (4) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) by striking ``2011'' and 
                        inserting ``2014'';
                            (ii) by striking ``from funds 
                        available to the Secretary'' and 
                        inserting ``subject to the availability 
                        of appropriations''; and
                            (iii) by striking ``2016'' and 
                        inserting ``2019''; and
                    (B) in paragraph (2)(A), by striking 
                ``2017'' each place it appears and inserting 
                ``2020'';
            (5) in subsection (e), by striking ``2020'' and 
        inserting ``2023'';
            (6) by redesignating subsection (g) as subsection 
        (h); and
            (7) by inserting after subsection (f) the 
        following:
      ``(g) Baseline.--Not later than December 31, 2006, the 
Secretary shall submit to Congress a report on the construction 
and operation of the MOX facility that includes a schedule for 
revising the requirements of this section during fiscal year 
2007 to conform with the schedule established by the Secretary 
for the MOX facility, which shall be based on estimated funding 
levels for the fiscal year.''.
    Sec. 314. Sales of Uranium.--(a) In General.--
Notwithstanding any other provision of Federal law, including 
section 3112 of the USEC Privatization Act (42 U.S.C. 2297h-2) 
and section 3302 of Title 31, United States Code, the Secretary 
of Energy is authorized to barter, transfer or sell uranium 
(including natural uranium concentrates, natural uranium 
hexafluoride, or in any form or assay) and to use any proceeds, 
without fiscal year limitation, to remediate uranium 
inventories held by the Secretary.
    (b) Additional Requirements.--Any barter, transfer or sale 
of uranium under subsection (a) shall to the extent possible, 
be competitive and comply with all applicable Federal 
procurement laws (including regulations); and shall not exceed 
10 percent of the total annual fuel requirements of all 
licensed nuclear power plants located in the United States for 
uranium concentrates, uranium conversion, or uranium 
enrichment.
    Sec. 315. Section 130 of Division H (Miscellaneous 
Appropriations and Offsets) of the Consolidated Appropriations 
Act, 2004, Public Law 108-199, is hereby amended by striking 
``is provided for the Coralville, Iowa, project'' and all that 
follows and inserting: ``is provided for the Iowa Environmental 
and Education project to be located in Iowa. No further funds 
may be disbursed by the Department of Energy until a one 
hundred percent non-Federal cash and in-kind match of the 
appropriated Federal funds has been secured for the project by 
the non-Federal project sponsor: Provided, That the match shall 
exclude land donations: Provided further, That if the match is 
not secured by the non-Federal project sponsor by December 1, 
2007, the remaining Federal funds shall cease to be available 
for the Iowa Environmental and Education project.''.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized 
by the Appalachian Regional Development Act of 1965, as 
amended, for necessary expenses for the Federal Co-Chairman and 
the alternate on the Appalachian Regional Commission, for 
payment of the Federal share of the administrative expenses of 
the Commission, including services as authorized by 5 U.S.C. 
3109, and hire of passenger motor vehicles, $65,472,000, to 
remain available until expended.

                Defense Nuclear Facilities Safety Board

                         SALARIES AND EXPENSES

    For necessary expenses of the Defense Nuclear Facilities 
Safety Board in carrying out activities authorized by the 
Atomic Energy Act of 1954, as amended by Public Law 100-456, 
section 1441, $22,032,000, to remain available until expended.

                        Delta Regional Authority

                         SALARIES AND EXPENSES

    For necessary expenses of the Delta Regional Authority and 
to carry out its activities, as authorized by the Delta 
Regional Authority Act of 2000, as amended, notwithstanding 
sections 382C(b)(2), 382F(d), and 382M(b) of said Act, 
$12,000,000, to remain available until expended.

                           Denali Commission

    For expenses of the Denali Commission including the 
purchase, construction and acquisition of plant and capital 
equipment as necessary and other expenses, $50,000,000, to 
remain available until expended, nothwithstanding the 
limitations contained in 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 
$15,000), purchase of promotional items for use in the 
recruitment of individuals for employment, $734,376,000, to 
remain available until expended: Provided, That of the amount 
appropriated herein, $46,118,000 shall be derived from the 
Nuclear Waste Fund: Provided further, That revenues from 
licensing fees, inspection services, and other services and 
collections estimated at $617,182,000 in fiscal year 2006 shall 
be retained and used for necessary salaries and expenses in 
this account, notwithstanding 31 U.S.C. 3302, and shall remain 
available until expended: Provided further, That the sum herein 
appropriated shall be reduced by the amount of revenues 
received during fiscal year 2006 so as to result in a final 
fiscal year 2006 appropriation estimated at not more than 
$117,194,000: Provided further, That section 6101 of the 
Omnibus Budget Reconciliation Act of 1990 is amended by 
inserting before the period in subsection (c)(2)(B)(v) the 
words ``and fiscal year 2006''.

                      OFFICE OF INSPECTOR GENERAL

    For necessary expenses of the Office of Inspector General 
in carrying out the provisions of the Inspector General Act of 
1978, as amended, $8,316,000, to remain available until 
expended: Provided, That revenues from licensing fees, 
inspection services, and other services and collections 
estimated at $7,485,000 in fiscal year 2006 shall be retained 
and be available until expended, for necessary salaries and 
expenses in this account, notwithstanding 31 U.S.C. 3302: 
Provided further, That the sum herein appropriated shall be 
reduced by the amount of revenues received during fiscal year 
2006 so as to result in a final fiscal year 2006 appropriation 
estimated at not more than $831,000.

                  Nuclear Waste Technical Review Board

                         SALARIES AND EXPENSES

    For necessary expenses of the Nuclear Waste Technical 
Review Board, as authorized by Public Law 100-203, section 
5051, $3,608,000, to be derived from the Nuclear Waste Fund, 
and to remain available until expended.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501. None of the funds appropriated by this Act may be 
used in any way, directly or indirectly, to influence 
congressional action on any legislation or appropriation 
matters pending before Congress, other than to communicate to 
Members of Congress as described in 18 U.S.C. 1913.
    Sec. 502. None of the funds made available in this Act may 
be transferred to any department, agency, or instrumentality of 
the United States Government, except pursuant to a transfer 
made by, or transfer authority provided in this Act or any 
other appropriation Act.
    This Act may be cited as the ``Energy and Water Development 
Appropriations Act, 2006''.
      And the Senate agree to the same.

                                   David L. Hobson,
                                   Rodney P. Frelinghuysen,
                                   Tom Latham,
                                   Zach Wamp,
                                   Jo Ann Emerson,
                                   John Doolittle,
                                   Michael K. Simpson,
                                   Dennis R. Rehberg,
                                   Jerry Lewis,
                                   Peter J. Visclosky,
                                   Chet Edwards,
                                   Ed Pastor,
                                   James E. Clyburn,
                                   Marion Berry,
                                   David R. Obey,
                                 Managers on the Part of the House.

                                   Pete V. Domenici,
                                   Thad Cochran,
                                   Mitch McConnell,
                                   Robert F. Bennett,
                                   Conrad Burns,
                                   Larry E. Craig,
                                   Christopher S. Bond,
                                   Kay Bailey Hutchison,
                                   Wayne Allard,
                                   Harry Reid,
                                   Robert C. Byrd,
                                   Patty Murray,
                                   Byron L. Dorgan,
                                   Dianne Feinstein,
                                   Tim Johnson,
                                   Mary L. Landrieu,
                                   Daniel K. Inouye,
                                Managers on the Part of the Senate.
       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

      The managers on the part of the House and the Senate at 
the conference on the disagreeing votes of the two Houses on 
the amendment of the Senate to the bill (H.R. 2419) making 
appropriations for energy and water development for the fiscal 
year ending September 30, 2006, and for other purposes, submit 
the following joint statement to the House and Senate in 
explanation of the action agreed upon by the managers and 
recommend in the accompanying conference report.
      The language and allocations set forth in House Report 
109-86 and Senate Report 109-84 should be complied with unless 
specifically addressed to the contrary in the conference report 
and statement of managers. Report language included by the 
House which is not contradicted by the report of the Senate or 
the conference, and Senate report language which is not 
contradicted by the report of the House or the conference is 
approved by the committee of conference. The statement of 
managers, while repeating some report language for emphasis, 
does not intend to negate the language referred to above unless 
expressly provided herein. In cases where both the House report 
and Senate report address a particular issue not specifically 
addressed in the conference report or joint statement of 
managers, the conferees have determined that the House report 
and Senate report are not inconsistent and are to be 
interpreted accordingly. In cases in which the House or Senate 
have directed the submission of a report, such report is to be 
submitted to both House and Senate Committees on 
Appropriations.
      Senate amendment: The Senate deleted the entire House 
bill after the enacting clause and inserted the Senate bill. 
The conference agreement includes a revised bill.

      TITLE I--DEPARTMENT OF DEFENSE--CIVIL DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

      The summary tables included in this title set forth the 
conference agreement with respect to the individual 
appropriations, programs, and activities of the Corps of 
Engineers. Additional items of the conference agreement are 
discussed below.

    WATER RESOURCE NEEDS IN THE WAKE OF HURRICANES KATRINA AND RITA

      The conferees' funding recommendations in this statement 
of managers have been shaped by the occurrence of Hurricanes 
Katrina and Rita, their profound effects on the Gulf Coast of 
the United States, and what these storms revealed about our 
country's vulnerability to natural disasters. Accordingly, 
total funding levels for Energy and Water Development 
Appropriations for fiscal year 2006 are $749,000,000 above the 
levels requested by the Administration, and the conferees have 
designated almost all of this increase for strengthening the 
water infrastructure of our nation. Dam safety, flood 
protection, and maintenance of vital navigation systems have 
been given priority.
      The situation on the Gulf Coast in the wake of the 2005 
hurricanes requires balance among competing forces. There is an 
urgent need for rapid restoration of flood control measures 
before the next storm season. The US Army Corps of Engineers 
has testified that it can accomplish these repairs by June 
2006. However, extensive flooding occurred in the region 
despite the existence of flood control measures designed to 
withstand Category 3 hurricanes. Fully understanding what 
caused the flooding will require time, and the design and 
implementation of an improved protection system will take 
years. This means that some interim protection will be in place 
soon and better protection will be provided later.
      This Act provides considerable support for on-going 
improvements to flood control projects along the Gulf Coast, 
particularly in Louisiana and Mississippi. The hurricanes have 
altered the underlying justifications for these projects and 
brought into question existing approaches and designs. The 
physical situation on the ground has changed, the nature and 
value of the communities and infrastructure to be protected 
have changed, and the engineering requirements for providing 
given levels of flood protection have changed. While the Corps 
of Engineers proceeds to reestablish preexisting flood control 
works using funds provided on an emergency basis, a revised 
plan for providing an improved flood control system for the 
future is needed. Accordingly, the conferees direct the 
Secretary of the Army, acting through the Chief of Engineers, 
to provide the House and Senate Committees on Appropriations 
with a report detailing an integrated approach to flood 
control, navigation, and environmental restoration for the Gulf 
Coast region of Louisiana and Mississippi within 120 days of 
enactment. This report should present the overall approach for 
future spending and identify specific changes to on-going 
projects as well as proposals for future work. Hopefully, this 
vision can be in place to guide appropriations for next year 
and inform the five-year funding plan that is to accompany the 
Administration's fiscal year 2007 budget request.
      The conferees expect additional resources will be 
provided in subsequent supplemental appropriations bills to 
respond to the aftermath of Hurricane Katrina and shall be 
considered in the broader context of flood reduction for and 
reconstruction of the City of New Orleans as hurricane data 
analysis is completed and as a consensus on how best to protect 
the City of New Orleans emerges.
      The budget request from the Administration recommended 
funding various projects based on seven performance guidelines, 
based principally on the ratio of remaining-benefits-to-
remaining-costs. The conferees have endeavored to identify the 
most critical flood damage reduction and navigation projects in 
the allocation of resources provided, but in the absence of the 
Corps of Engineers being able to provide to the Congress its 
professional engineering judgment on which priority 
infrastructure needs should be addressed this fiscal year, the 
conferees have largely provided the budget request for 
individual water resource projects.

                    PROGRAM MANAGEMENT AND EXECUTION

      The conferees agree that improvements in the Corps' 
program management and execution are necessary and appropriate. 
The conferees expect the civilian and military leadership of 
the Corps of Engineers to manage the Corps of Engineers and the 
Civil Works program.
      Five-year comprehensive budget planning.--The Corps is 
directed to submit to the House and Senate Committees on 
Appropriations concurrent with each annual budget hereafter an 
updated five-year development plan, as delineated in the House 
report.
      Emphasis on expenditures.--The Corps is directed to adopt 
a fiscal management practice that fully honors Congressional 
direction and accepts a higher level of carryover funds in 
order to achieve greatly increased transparency into project 
costs and multiyear funding commitments.
      Congressional justification materials.--The conferees 
direct the Corps to improve its annual congressional budget 
submission by expanding the information presented to the 
Congress each year and to present its budget estimate by 
mission area. That information shall include, but not be 
limited to, those items more fully discussed in the House 
report. Such information shall include a detailed analysis of 
activities and projects funded in the current year but for 
which no funds are requested in the budget estimate. It is 
incumbent upon the Administration and the Corps of Engineers to 
disclose fully how it plans to carry out the current year 
appropriation. Inclusion of such information in the budget 
justification materials in no way implies continuing support of 
such projects or activities by the Administration or the Corps 
of Engineers but is needed by Congress to determine if the 
Executive Branch is executing fully its appropriation by 
program, project and activity consistent with Congressional 
direction and intent. The conferees note that similar 
information is provided in other executive branch agencies' 
budget submissions and fail to understand why such information 
is not provided by the Corps of Engineers or cleared by the 
Office of Management and Budget for transmittal to the 
Congress.
      Performance-based budgeting.--The conferees acknowledge 
the efforts of the Administration to develop a methodology for 
focusing limited federal resources on water resource projects, 
but recognize that the remaining-costs-to-remaining-benefits 
ratio used by the Administration has its limitations. In 
addition, the conferees note the inability of the Corps of 
Engineers to produce at the request of Congress a list of the 
ten most critical water resources needs in the country that 
need to be addressed given the Nation's experience with 
Hurricane Katrina. Accordingly, the Corps of Engineers is 
directed to contract with the National Academy of Public 
Administration to study and recommend factors, perhaps to 
include remaining-costs-to-remaining-benefits, which should be 
used in determining the allocation of limited resources for the 
construction of water resource projects.
      Savings and slippage.--The conferees acknowledge the 
existence of traditional savings and slippage, which may accrue 
either from unfavorable construction schedules and/or seasons 
or from delays in a project's delivery because of environmental 
issues, litigation or local financial limitations. Such funds 
may be available for reallocation, only on a project-by-project 
basis, within the reprogramming limitation contained in section 
101 in title I of this Act.
      In recent years the Congress has artificially increased 
the historical savings and slippage estimate, thereby 
increasing the across-the-board reduction. The conferees have 
discontinued this practice. The conference agreement eliminates 
the need for an across-the-board reduction resulting from 
project allocations in excess of the amount appropriated for 
such account. In addition, an across-the-board reduction for 
historical savings and slippage shall not be assessed. Savings 
and slippage shall be taken on a project-by-project basis, 
recognizing the unique characteristics of each project and its 
total annual funding requirements.
      Reprogramming.--The conference agreement modifies section 
101 of the House bill, which provides very specific instances 
and procedures by which the Corps may reprogram funds. The 
Senate bill contained no similar guidance. The guidance 
contained herein shall supercede all previous Congressional 
direction with respect to the reprogramming of appropriated 
funds and shall apply to all available balances in the Corps' 
accounts. For the purposes of carrying out this section, a 
reprogramming of funds is defined as any reallocation of funds 
into or from a line item set forth in the statement of managers 
accompanying this Act. No distinctions are to be made by the 
Corps for transfers or movements of funds, such as restorations 
or revocations, as has been the past practice. Any funds 
proposed for reprogramming shall be deemed to be excess to 
project needs, and shall be considered on a project-by-project 
basis.
      Consistent with the recommendations found in a recent GAO 
report entitled ``Improved Planning and Financial Management 
Should Replace Reliance on Reprogramming Actions to Manage 
Project Funds,'' the Corps is directed to develop immediately a 
financial planning and management system for the 
investigations, construction, and operation and maintenance 
appropriations that changes the way the Corps allocates funds 
from an annual basis to a quarterly basis that reflects actual 
schedule and project performance. This recommendation is most 
crucial to ensure increased certainty in execution of projects. 
Accordingly, the conferees expect that project funds shall be 
allocated to the field operating agencies by the headquarters 
office on a quarterly basis on the expected rate of execution 
for each quarter.
      Not later than 60 days following the enactment of this 
Act, the Corps shall submit a report to the House and Senate 
Committees on Appropriations to establish the baseline for 
application of reprogramming and transfer authorities for the 
current fiscal year. That report shall contain a table for each 
appropriation, showing among other items, each program, project 
and activity in each appropriation. For each day after the 
required date that the report has not been submitted to 
Congress, the amount appropriated for salaries and expenses of 
the Corps of Engineers shall be reduced by $100,000 per day for 
each day after the required date that the report has not been 
submitted to the Congress. In addition, the conferees direct 
the Corps to provide quarterly reports to the House and Senate 
Committees on Appropriations detailing all projects from which 
and to which funds were reprogrammed pursuant to the 
authorities provided in this Act. The report shall also include 
reasons for the transfer of funds. The thresholds contained in 
section 101 shall apply to cumulative totals on a project-by-
project basis.
      Further, the conferees direct that, when the Corps 
executes a reprogramming pursuant to the authorities of this 
Act, the Corps and the project sponsor shall treat each 
reprogramming as a one time transaction with no commitment or 
expectation to return funds to that project.
      The conferees expect the reprogramming authorities 
provided in this Act will improve the fiscal management of the 
Corps' program. The conferees expect the Corps of Engineers to 
adhere to the letter and spirit of these reprogramming 
authorities. To the extent that the Corps is unable to improve 
its financial planning and management systems by the adoption 
of these authorities, the conferees will consider further 
restrictions in the Corps' reprogramming authorities in the 
context of the fiscal year 2007 Energy and Water Development 
Appropriations Act.
      Continuing contracts.--The conference agreement modifies 
two provisions proposed by the House regarding continuing 
contracts. These provisions are discussed in greater detail 
under General Provisions.

                             Investigations

      The conference agreement provides $164,000,000 for 
Investigations, instead of $100,000,000 as provided by the 
House and $180,000,000 as proposed by the Senate. The 
conference agreement deletes a provision proposed by the House, 
which incorporates by reference the projects and activities 
specified in the statement of managers accompanying this Act. 
The Senate bill contained no similar provision.
      The conference agreement includes a provision relating to 
planning assistance to the State of Ohio. In addition, the 
conference agreement includes a provision providing $8,000,000 
to conduct, at full federal expense, a comprehensive hurricane 
protection study.
      The conference agreement deletes a provision proposed by 
the Senate relating to funding for a project in Laupahoehoe 
Harbor, Hawaii. The House bill contained no similar provision.
      The conference agreement for investigations is shown in 
the following table:


      Matilija Dam, California.--The Secretary shall credit the 
non-Federal share of the cost of the Matilija Dam ecosystem 
project the cost of design and construction work carried out by 
the non-Federal interest before the date of execution of a 
cooperation agreement for the project.
      San Joaquin Valley Region, California.--The conferees 
have provided funding for studies of the San Joaquin Valley 
region in California (consisting of Stanislaus, Madera, Merced, 
Fresno, Kings, Tulare, and Kern Counties).
      Whitewater River Basin, California.--The conference 
agreement includes $100,000 to continue the design phase of the 
project.
      Minnesota River Basin, Minnesota and South Dakota.--
Within the funds provided for Minnesota River Basin, Minnesota 
and South Dakota, $80,000 has been provided for Blue Earth 
River ecosystem restoration in Minnesota, South Dakota, Iowa 
and North Dakota.
      Louisiana Coastal Area, Louisiana.--For Louisiana coastal 
area ecosystem restoration area, the conferees have provided a 
total of $10,000,000 to further studies in mitigating wetlands 
loss in coastal Louisiana.
      Great Lakes Navigation Study, MI, IL, IN, MN, NY, OH, PA 
and WI.--The conferees have included $1,285,000 for continued 
work on the Great Lakes Navigation Study, the scope of which is 
to be in accordance with the bi-national agreement between the 
United States and Canada. The conferees understand that the 
study is near completion and encourage the study sponsors and 
the Corps to move forward as swiftly as is practicable without 
compromising the scope or quality of the work. With the funds 
provided for fiscal year 2006, the conferees expect that the 
Secretary, acting through the Corps of Engineers, will be able 
to budget for completion in fiscal year 2007.
      Red River of the North Basin, Minnesota, North and South 
Dakota.--Within the funds provided for Red River of the North 
Basin, Minnesota and North and South Dakota, $60,000 has been 
provided for Crookston.
      Truckee Meadows, Nevada.--Funds are provided to continue 
planning, engineering and design activities for this flood 
control project. The conferees expect the Corps to complete the 
necessary studies as soon as practicable.
      Edisto, South Carolina.--The conference agreement 
includes funds to complete the reconnaissance phase of the 
project.
      Norfolk Harbor and Channels, Craney Island, Virginia.--
Funds are provided to complete the feasibility study for this 
project.
      Little Kanawha, West Virginia.--The conference agreement 
includes funds to complete the feasibility study for this 
project.
      Coastal field data collection.--The conference agreement 
provides $4,125,000 for coastal field data collection. Within 
the funds provided, the Corps is directed to undertake the 
following activities with the amounts allocated below:

Coastal Data Information Program........................        $500,000
Southern California Beach Processes Study...............         650,000
Pacific Island Land Typhoon Experiment (PILOT)..........         650,000
Surge and Wave Island Modeling Studies (SWIMS)..........         750,000

      Remaining items, flood plain management services.--The 
conference agreement includes $6,407,000 for flood plain 
management services, instead of $5,625,000 as proposed by the 
House and $8,935,000 as proposed by the Senate. Within the 
funds provided, the Corps is directed to undertake the 
following activities with the amounts allocated below:

Hurricane evacuation studies, HI........................        $500,000
Livingston Parish, LA geographic information system.....         625,000
Rancocas Creek, NJ......................................         200,000
Jackson, TN geographic information system...............         250,000

      Remaining items, planning assistance to states.--The 
conference agreement provides $5,727,000 for planning 
assistance to states, instead of $4,650,000 as proposed by the 
House and $7,550,000 as proposed by the Senate. Within the 
funds provided, the Corps is directed to undertake the 
following activities with the amounts allocated below:

Assabet River sediment remediation study, MA............        $300,000
Bartlesville, Oklahoma water study......................         100,000
Lake Rogers, Creedmoor, North Carolina water quality 
    study...............................................          30,000
Pike River, Wisconsin hydraulic and hydrological study..          20,000
La Mirada, California flood control and drainage study..         125,000
Memphis, Tennessee riverfront development...............         200,000
Lafayette Wabash River waterfront development, IN.......          50,000
Delaware recreation supply and demand study.............          75,000
Delaware groundwater investigation......................          75,000
Hilo Bay, Hawaii water quality model....................         125,000
Rock Creek, Kansas basin stormwater project.............         200,000
New Mexico photogrammetric mapping......................         500,000
Mangum, OK Lake Phase V study...........................          50,000
Waccamaw River, SC watershed modeling...................          25,000
Surfside Beach, SC stormwater drainage study............          25,000
Stark County, OH watershed drainage basin...............       1,000,000

      New Mexico photogrammetric mapping.--The conferees have 
provided $500,000 for New Mexico photographic mapping to be 
conducted utilizing the Corps' Center of Expertise for 
Photogrammetric Mapping in St. Louis, Missouri.
      Remaining items, research and development.--The 
conference agreement includes $26,583,000 for research and 
development activities, instead of $19,643,000 as proposed by 
the House and $34,500,000 as proposed by the Senate. Within the 
funds provided, the Corps is directed to undertake the 
following activities with the amounts allocated below:

Chesapeake Bay submerged aquatic vegetation research....        $500,000
National Cooperative Modeling Demonstration Program.....         500,000
Innovative technology demonstrations for urban flooding 
    and channel restoration, New Mexico and Nevada......       1,750,000
Southwest Urban Flood Damage Program Research, New 
    Mexico..............................................         375,000
Collaborative Planning and Management Demonstration 
    Program.............................................         375,000
Advanced polymer technologies compliance activities.....         500,000

      The conferees further direct the Corps to begin pilot 
testing of rapid deployment flood walls, within available 
funds, not later than 30 days after enactment of this Act.

                              Construction

      The conference agreement provides $2,372,000,000 for 
Construction, instead of $1,900,000,000 as proposed by the 
House and $2,086,664,000 as proposed by the Senate. The 
conference agreement includes a provision as proposed by the 
Senate that derives amounts to cover one-half of the costs of 
construction and rehabilitation of certain inland waterways 
projects from the Inland Waterways Trust Fund. The House bill 
contained a provision that specified the amount to be derived 
from the Inland Waterways Trust Fund.
      The conference agreement deletes a provision proposed by 
the House, which would have incorporated by reference the 
projects and activities specified in the statement of managers 
accompanying this Act. The Senate bill contained no similar 
provision.
      The conference agreement modifies several provisions 
proposed by the House that set aside specific funds for the 
various sections of the continuing authorities program. The 
Senate bill contained no similar provisions.
      The conference agreement modifies several provisions 
relating to specific projects as proposed in the Senate bill. 
The House bill contained no similar provisions.
      The conference agreement includes an appropriation of 
$35,000,000 for Modified Water Delivery for the Everglades 
National Park. The House bill contained an appropriation of 
$137,000,000 for the South Florida Ecosystem Everglades 
Restoration Program, which included several other projects and 
Modified Water Delivery. The Senate bill contained no similar 
appropriation. Funding for the Central and South Florida 
project, the Kissimmee River Restoration project, and the 
Everglades and South Florida Restoration project is provided as 
separate projects.
      The conference agreement includes a provision providing 
funds to the City of Caliente, Nevada, to construct local flood 
control measures.
      The conference agreement for construction is shown in the 
following table:


      American River watershed.--The conference agreement 
includes a total of $28,960,000 for American River watershed 
projects. These funds are to be available as follows:

Common features.........................................      $4,405,000
Folsom Dam modifications................................       9,555,000
(Permanent dam below Folsom Dam)........................    (10,000,000)
Folsom Dam mini-raise...................................      15,000,000

      Santa Ana River mainstem, California.--A total of 
$61,650,000 is provided for the Santa Ana River mainstem in 
California. Funds are to be distributed as delineated in the 
House report.
      Central and South Florida.--Within the funds provided, 
work shall continue on the Upper St. Johns River project.
      Rural Idaho environmental infrastructure, Idaho.--The 
conference agreement includes $5,000,000 for rural Idaho 
environmental infrastructure. Within the funds provided, the 
Corps is directed to give consideration to projects at Emmett, 
Burley, Rupert, Bonners Ferry, Donnelly, Eastern Idaho Regional 
Water Authority, Driggs and Smelterville. Other communities 
that meet the program criteria may be considered as funding 
allows.
      Olmstead Locks and Dam, Ohio River, Illinois and 
Kentucky.--Neither funds provided for Olmstead Locks and Dam 
project nor funds available within this account are available 
to reimburse the Claims and Judgment Fund.
      Upper Mississippi River restoration, IL, IA, MN, MO and 
WI.--The conference agreement includes $20,000,000 for Upper 
Mississippi River restoration, which shall be available only to 
continue ongoing projects and shall not be available to 
initiate any new projects.
      Missouri fish and wildlife mitigation, IA, KS, MO, MT, 
NE, ND, and SD.--The conference agreement includes funds for 
only those specifically authorized Missouri fish and wildlife 
and mitigation activities, namely along the lower Missouri 
River. The conferees agree that the Administration should 
submit a legislative proposal for habitat recovery for the 
upper reaches of the river for consideration by the appropriate 
authorizing committees before funds are expended on these 
additional mitigation activities.
      Louisville Waterfront Park, Kentucky.--The Corps of 
Engineers is directed to use funds appropriated in Public Law 
107-66, Public Law 108-7 and Public Law 108-137, to continue 
with design and construction of Phase II of the Louisville 
Waterfront Park, specifically the Big Four Bridge and Spiral.
      J. Bennett Johnston Waterway, Louisiana.--The conferees 
have provided $13,000,000 for navigation channel refinement 
features, land purchases and development for mitigation of 
project impacts, and construction of project recreation 
features and appurtenant features.
      Chesapeake Bay environmental program, MD, PA, and VA.--
Within the funds provided, $273,000 is included to continue the 
environmental studies concerning non-native oysters.
      Rural Montana.--Within the funds provided, the Corps is 
directed to give consideration to the projects at Livingston, 
Missoula (Grant Creek), Meagher County, Stevensville, Helena, 
Wisdom, Bigfork, Sheridan, Butte and Drummond. Other 
communities that meet the program criteria should be considered 
as funding allows.
      Fire Island Inlet to Montauk Point, New York.--The 
conference agreement includes $1,075,000 for the reformulation 
study.
      New York and New Jersey Harbor, New York and New 
Jersey.--Within the funds provided for New York and New Jersey 
Harbor, New York and New Jersey, the conferees direct the Corps 
to use up to $2,000,000 to plan for and enter into an agreement 
with a state or non-Federal sponsor to develop a dredged 
material processing facility that would accomplish the 
objectives of reducing the cost of dredged material management 
in the port, preparing dredged material for beneficial uses, 
and implementing innovative dredged material management 
technologies.
      Rural Nevada.--Within the funds provided, the Corps is 
directed to give consideration to projects of Douglas County, 
Battle Mountain, North Lemmon Valley, Spanish Valley Phase II, 
Huffaker Hills Water Conservation, Lawton-Verdi, Boulder City, 
Lyon County, Gerlach, Searchlight, Incline Village, Esmeralda 
County, Churchill County, West Wendover, Yearlington, Virgin 
Valley Water District, Lovelock, Lander County, Round Hill 
Phase II and Carson City. Other communities that meet the 
program criteria should be considered as funding allows.
      Tropicana and Flamingo Washes, Nevada.--Within the funds 
provided, $3,000,000 is provided for work performed in 
accordance with Section 211 of Public Law 104-303.
      Wrightsville Beach, North Carolina.--Funds are provided 
for beach restoration efforts resulting from natural erosion 
and navigation activities.
      Ohio environmental infrastructure.--The bill provides 
$13,000,000 for Ohio environmental infrastructure for fiscal 
year 2006. These funds, together with $3,849,000 from Clark 
County (Ohio) and Lower Mad River Valley Sewer Infrastructure 
and Storm Water Management projects remaining unobligated from 
fiscal year 2004, shall be distributed as follows:

Benton Ridge wastewater treatment.......................        $500,000
Brookfield Center South sanitary sewer..................         250,000
Cambridge sewer system east of I-77.....................         425,000
Cuyahoga River environmental restoration................         500,000
Elyria water treatment plant............................         200,000
Franklin County, Village of New Albany environmental 
    restoration.........................................       1,000,000
Fulton County Elmira/Burlington wastewater collection 
    and treatment.......................................         300,000
Gallia County water and sewer...........................         300,000
Higginsport sanitary sewer..............................         750,000
Lake County Madison Township Chapel Road Interceptor 
    sewer...............................................         505,000
Licking County, Village of Hanover wastewater collection         325,000
Marysville water treatment facility upgrades............       1,000,000
Norwalk wastewater treatment plant......................         300,000
Rushsylvania wastewater treatment.......................         500,000
Springfield Hospital water and sewer project............       3,025,000
Springfield Nextedge Technology Park water and sewer....         750,000
Southern Franklin County and Northern Pickaway County 
    sewer line expansion project........................       1,000,000
Toledo wastewater treatment plant.......................         250,000
Trotwood storm drain and stream relocation..............         750,000
University of Dayton, Brown and Stewart Streets water 
    and sewer...........................................       1,000,000
Village of Ottawa regional waterline....................         300,000
Yellow Springs McGregor Center for Business and 
    Education Park, water and sewer.....................         450,000
Parma water and sewer project...........................         150,000
Springfield AirPark water project.......................       1,500,000
Clark County Park I-675 water and sewer project.........         324,000
Summit County, City of Hudson, Seasons Road sanitary 
    sewer pump station..................................         495,000

      Southeastern Pennsylvania infrastructure program, 
Pennsylvania.--Within the funds provided for Southeastern 
Pennsylvania infrastructure program, the conferees have 
provided $300,000 for Cobbs Creek Park and $300,000 for Tacony 
Creek.
      Cheyenne River Sioux Tribe, Lower Brule Sioux, South 
Dakota.--Within the funds provided, the conferees direct that 
not more than $1,000,000 shall be provided for administrative 
expenses, and that the Corps is to distribute the remaining 
funds as directed by Title IV of the Water Resources Act of 
1999 to the State of South Dakota, the Cheyenne River Sioux 
Tribe and the Lower Brule Sioux Tribe.
      Columbia River fish mitigation, WA, OR and ID.--The 
conferees have chosen not to combine the various, separately 
authorized components of the project into a single line item 
and believe it is prudent to maintain visibility and 
transparency in the various project elements throughout budget 
execution.
      Mt. St. Helens, Washington.--Additional funds have been 
provided to initiate a general reevaluation report to determine 
if ecosystem restoration actions are prudent in the Cowlitz and 
Toutle watersheds for species that have been listed as being of 
economic importance and threatened or endangered.
      Mud Mountain, Washington.--Out of the funds provided, the 
Corps is directed to use up to $600,000 to study fish passage.
      Levisa and Tug Forks and Upper Cumberland River, WV, VA 
and KY.--The conference agreement includes $31,100,000 for 
Levisa and Tug Forks and Upper Cumberland River, WV, VA and KY. 
Within the amounts provided, $16,000,000 shall be for elements 
of the project in the Commonwealth of Kentucky, $5,600,000 
shall be for elements within the State of West Virginia and 
$9,500,000 shall be for Virginia elements.
      Robert C. Byrd Locks and Dam, Ohio River, West Virginia 
and Ohio.--The conference agreement includes funds to continue 
Jenkins preservation and contract management but excludes funds 
for planning, engineering and design.
      Aquatic Plant Control Program.--The conference agreement 
includes $4,000,000 for this program. Within the funds 
provided, the conferees have provided $100,000 for Lake Gaston, 
North Carolina, and $400,000 for Lake Champlain, Vermont.
      Beneficial Uses of Dredged Material.--Within the funds 
provided, $3,000,000 is for Morehead City, North Carolina, and 
$200,000 for Dauphin Island, Alabama.
      Dam Safety and Seepage/Stability Corrective Program.--The 
conference agreement includes $15,000,000, of which $4,000,000 
is to complete the Waterbury dam repairs in Vermont, and 
$600,000 is for Dover Dam in Ohio.
      Shore Line Erosion Control Development and Demonstration 
Program.--Within the funds provided, $1,725,000 shall be 
available for the alternative sand test beach and breakwater 
project in Florida and $1,250,000 for the Sacred Falls 
demonstration project in Hawaii.
      Estuary Restoration Program.--The conference agreement 
includes $1,000,000 for the estuary restoration program. The 
Corps is directed to provide the House and Senate Committees on 
Appropriations a spending plan for the program in fiscal year 
2005 and 2006 prior to the expenditure of funds.
      Tribal partnership.--Within the funds provided, $300,000 
shall be for efforts in New Mexico and $300,000 shall be for 
cultural resource restoration on historic Washoe lands.

                     CONTINUING AUTHORITIES PROGRAM

      The Act contains several provisions specifying the amount 
of funds made available for each of the continuing authorities 
programs (CAP), as proposed by the House. The Senate bill 
contained no similar provisions.
      The conference agreement includes the following amounts 
for each of the specific program authorities of the continuing 
authorities program:

Section 107.............................................     $12,000,000
Section 103.............................................       7,000,000
Section 205.............................................      40,000,000
Section 14..............................................      15,000,000
Section 1135............................................      30,000,000
Section 206.............................................      30,000,000
Section 204.............................................       5,000,000
Section 208.............................................         300,000
Section 111.............................................         500,000

      In an effort to reduce the current backlog of CAP 
projects, the conferees have endeavored to provide sufficient 
appropriations to continue various Corps-initiated CAP projects 
while also allocating funds for Congressionally-directed 
projects. For example, the conference agreement includes 
appropriations for sections 1135 and 206 in excess of the 
annual authorized level so as to reduce the significant 
unfunded backlog of projects. These appropriations levels are a 
one-time event; neither the Corps nor its stakeholders should 
expect funding at these levels to continue and should plan 
their programs and projects accordingly.
      The conferees agree that significant management reform of 
the CAP program is necessary. Therefore, within 60 days of 
enactment of this Act, and annually thereafter concurrent with 
the budget submission, the Corps is directed to submit to the 
House and Senate Committees on Appropriations a program 
management plan detailing the specific actions the Corps will 
take to prioritize projects and to manage the program in the 
future. This management plan shall include at least a five-year 
time horizon consistent with the Five-Year Comprehensive Budget 
Plan and may, after the initial submission, be incorporated 
into the larger planning effort. Additionally, the Corps shall 
provide to the House and Senate Committees on Appropriations, 
concurrent with the annual budget submission, a status report 
delineating all ongoing projects, identifying on a project-by-
project basis the annual out-year budgetary requirements to 
complete each project.
      In developing its management plan and in an effort to 
reduce the backlog of projects, the Corps is directed to 
prioritize projects in the following manner: first, funding 
should be available for construction projects for which an 
executed project cooperation agreement is in place; second, 
funding should be available for projects with executed 
feasibility cost sharing agreements. The conferees direct the 
Corps to place a moratorium on the execution of any new project 
cooperation agreements or feasibility cost sharing agreements 
in fiscal year 2006. Work may continue on any phase of a 
particular project as funding and priority allows, but no 
project shall advance to the next stage during fiscal year 2006 
unless such project can be completed within the funds specified 
or can advance into the design phase in fiscal year 2006.
      The Corps is directed not to initiate any new project or 
re-start a project within any CAP program in fiscal year 2006 
unless such project is specifically named in an Energy and 
Water Development Appropriations Act or its accompanying 
statement of managers from fiscal year 2001 through 2006. 
Within 60 days of enactment of this Act, the Corps shall submit 
to the House and Senate Committees on Appropriations a report 
detailing those CAP projects that have not been named in an 
Energy and Water Development Appropriations Act from fiscal 
year 2001 through 2006 or for which no funds have been expended 
in fiscal years 2001 through 2005.
      The conferees further direct the Corps to implement 
guidelines to require feasibility study cost sharing from non-
Federal sources for all CAP authorities, to be effective 
October 1, 2006. The conferees note that this is the current 
practice in all but the environmental authorities.
      The following table includes the name of the project, the 
CAP authority under which the project is authorized and the 
amount of funding included in the conference agreement:


      Reno flood warning system.--Within the funds provided for 
section 205, the Corps shall close out the Reno flood warning 
system.
      Santa Venetia flood control, California.--Within the 
funds provided for section 205, the Corps shall close out the 
Santa Venetia flood control project.
      Stevenson Creek estuary, Florida, section 206.--The Corps 
is directed to return funds reprogrammed from Stevenson Creek 
estuary, Florida forthwith.
      Within the funds provided for sections of the continuing 
authorities programs, the Corps is directed to give priority 
consideration to the following projects:
      Section 107:
      Gustavis Harbor, AK
      Nanwalek, AK
      Woods Hole Great Harbor, MA
      Section 205:
      City of Las Vegas, NV
      Gila River, Grants and Hidalgo Counties, NM
      Elsmere, DE
      West Virginia Statewide Flood Warning System, WV
      Winnebago River Levee Improvement, IA
      Keshequa Creek, Nunda, NY
      Limestone Creek, Fayetteville, NY
      South Suburban Areas of Chicago, IL
      Upper Delaware River Watershed Flood Mitigation, NY

 Flood Control, Mississippi River and Tributaries, Arkansas, Illinois, 
       Kentucky, Louisiana, Mississippi, Missouri, and Tennessee

      The conference agreement provides $400,000,000 for Flood 
Control, Mississippi River and Tributaries instead of 
$290,000,000 as proposed by the House and $433,336,000 as 
proposed by the Senate.
      The conference agreement deletes a provision proposed by 
the House, which would have incorporated by reference the 
projects and activities specified in the statement of managers 
accompanying this Act. The Senate bill contained no similar 
provision.
      The conference agreement modifies a provision proposed by 
the Senate relating to various activities of the Yazoo Basin 
backwater pumping plant in Mississippi. The House bill 
contained no similar provision.
      The conference agreement deletes a provision proposed by 
the Senate relating to the pump supply contract for the Yazoo 
Basin, Yazoo Backwater Pumping Plant, Mississippi. The House 
bill contained no similar provision.
      The conference agreement for projects to reduce flood 
control in the lower Mississippi River alluvial valley below 
Cape Giradeau, Missouri is shown in the following table:


                              Construction

      Mississippi River Levees, AR, IL, KY, LA, MS, MO and 
TN.--Additional funds have been provided to continue 
construction of the St. Johns-New Madrid Levee Closure/Box 
Culvert, Missouri as well as other levee items and for the 
Lower Mississippi River Interpretive Center.
      Yazoo Basin, Backwater Pumping Plant, Mississippi.--
Within the funds provided, $150,000 is provided for the Teddy 
Roosevelt Environmental Education Center.
      Yazoo Basin, Big Sunflower River, Mississippi.--The 
conferees recognize the need to prevent erosion, reduce 
sedimentation and head-cutting in watersheds of the Yazoo Basin 
for purposes of improving water quality, fisheries and reducing 
maintenance. The conferees have provided $4,000,000 for 
continued construction of the project. Within these funds, not 
more than $1,500,000 shall be used for these water quality and 
sediment reduction measures and $500,000 shall be used for 
establishment of water quality reference indicators for use as 
appropriate on Yazoo Basin Projects.

                              Maintenance

      Mississippi River Levees AR, IL, KY, LA, MS, MO and TN.--
Additional funds have been provided for delivery of levee 
gravel in AR, LA, MS and MO as determined by need.
      Additional funding has been provided for deferred 
maintenance at the four Mississippi Lakes.

                       Operation and Maintenance

      The conference agreement provides $1,989,000,000 for 
operation and maintenance, instead of $2,000,000,000 as 
proposed by the House and $2,100,000,000 as proposed by the 
Senate.
      The conference agreement deletes a provision proposed by 
the House, which would have incorporated by reference the 
projects and activities specified in the statement of managers 
accompanying this Act. The Senate bill contained no similar 
provision.
      The conference agreement includes several provisions 
proposed by the Senate relating to certain projects. The House 
bill contained no similar provisions.
      The conference agreement for operation and maintenance is 
shown in the following table:


      Emergency maintenance, restoration and repairs.--The 
conference agreement does not include a reserve fund for 
emergency maintenance, restoration and repairs. Further, the 
conferees direct the Corps to discontinue the practice of 
taxing all operation and maintenance projects each year to 
create an emergency reserve fund, from which funds have been 
expended by the Corps without knowledge or approval from the 
House and Senate Committees on Appropriations. Beginning in 
fiscal year 2006, the conferees expect the Corps to allocate 
funds by project on a quarterly basis across all its accounts 
(as discussed earlier in this statement). This action will 
enable the Corps to address any identified unforeseen 
requirements, consistent with the reprogramming guidelines 
contained in this Act. In addition, the Corps shall provide to 
the House and Senate Committees on Appropriations within 30 
days of enactment of this Act the definition of qualifying 
emergencies and guidelines to reprogram funds for emergency 
maintenance, restoration and repairs.
      Alamo Dam and Lake, Arizona.--An additional $450,000 has 
been included to substantiate the effectiveness of the Alamo 
Dam re-operation and to develop and implement an associated 
adaptive management strategy.
      Dry Creek (Warm Springs) Dam, California.--The conference 
agreement includes additional funding to complete a major 
rehabilitation report necessary for installation of a pipeline 
to supply cool water for rearing threatened coho salmon now 
housed in temporary facilities at Warm Springs Dam.
      Cherry Creek, Chatfield and Trinidad Lakes, Colorado.--
The conference agreement includes an additional $1,380,000 for 
continued repairs at these three lakes. This action is not 
intended to alter the Corps' lease and property accountability 
policies. It is the conferees' understanding that the State of 
Colorado has agreed to cost share this project on a 50/50 
basis, and that the Secretary is not to assume, nor share in 
the future, the operation and maintenance of these recreation 
facilities. Of the funds provided, the Corps is directed to 
conduct a reallocation study for the Chatfield Reservoir 
project.
      Intracoastal Waterway, Delaware River to Chesapeake Bay, 
DE and MD.--Additional funds are included for maintenance costs 
for the SR-1 Bridge.
      Miami River, Florida.--The Corps is directed to complete 
its analysis of the Miami River maintenance project and to 
submit the final report to the House and Senate Committees on 
Appropriations not later than 30 days after enactment of this 
Act.
      Apalachiacola, Chattahoochee and Flint Rivers, GA, AL and 
FL.--The conferees understand that the State of Florida has 
denied the Corps a State Water Quality Certification; 
therefore, no funds are provided for dredging this waterway in 
Florida.
      Lake Shelbyville, Illinois.--Additional funds have been 
provided for deferred maintenance at public use facilities.
      Saylorville Lake, Iowa.--Additional funds have been 
provided to maintain the project's basic level of service.
      Barren River Lake, Kentucky.--Additional funds have been 
provided for repair and upgrade of public use facilities.
      Mississippi River Gulf Outlet.--The conferees are aware 
of current discussions among the Port of New Orleans, St. 
Bernard Parish Administration officials and other key 
stakeholders to confect a closure plan for the Mississippi 
River Gulf Outlet (MRGO) to deep draft navigation and to 
provide coastal restoration and enhanced hurricane and flood 
protection to the residents of St. Bernard and Orleans 
Parishes. This agreement may require a shallower depth than is 
presently authorized. The conferees support this initiative and 
urge the parties to reach an agreement as soon as possible.
      Duluth-Superior Harbor, Minnesota and Wisconsin.--Within 
the funds provided for Duluth-Superior Harbor, $300,000 shall 
be available for a freshwater corrosion study.
      Albuquerque levees, New Mexico.--The conference agreement 
includes funds to assess impacts and to make immediate repairs 
to levees.
      Conchas Lake, New Mexico.--Additional funds have been 
provided for rehabilitation of public use facilities.
      Upper Rio Grande Water Operations Model, New Mexico.--
Within the funds provided, $500,000 is for New Mexico 
photographic mapping to be conducted utilizing the Corps' 
Center of Expertise for Photogrammetric Mapping in St. Louis.
      Garrison Dam and Lake Sakakawea, North Dakota.--Within 
the funds provided, $250,000 shall be available for the removal 
of noxious weeds, and $100,000 shall be for mosquito control.
      Columbia and Lower Willamette River below Vancouver, 
Washington and Portland, Oregon.--The conference agreement 
includes $750,000 for continued work at the Astoria Boat Basin.
      Fern Ridge Dam, Oregon.--The conference agreement 
includes funds to operate and maintain Fern Ridge Dam. The 
conferees are aware that no additional funds are required for 
emergency repairs at the dam as such expenses have been fully 
covered in fiscal year 2005.
      Kinzua Dam and Allegheny Reservoir, Pennsylvania.--Within 
the funds provided, $300,000 shall be available for 
recreational improvements to include visitor center and fishing 
access improvements.
      Ohio River, Pittsburgh to Huntington, Pennsylvania, West 
Virginia and Ohio.--Within the funds provided, the Corps is 
directed to utilize $2,500,000 in cooperation with Operation 
Respond, a non-profit organization, to implement a 
demonstration project developing and testing software and 
message/alert systems for use by emergency responders as they 
prepare for and respond to commercial transportation incidents 
on the Nation's waterways. This project is to be coordinated 
with the U.S. Coast Guard, commercial transportation carriers, 
ports, emergency responders and other stakeholders along this 
segment of the Ohio River.
      Oahe Dam, Lake Oahe, South Dakota and North Dakota.--The 
conferees urge the Corps to take all necessary steps to 
relocate the Cheyenne River Sioux Tribe's water intake on the 
Missouri River to ensure continued operation of the water 
system and an uninterrupted water supply for the Reservation.
      Whitney Lake, Texas.--Within the funds provided, not less 
than $900,000 shall be for Ham Creek Park and not less than 
$300,000 shall be available for Kimball Park Bend.
      Mud Mountain, Washington.--Within the funds provided, up 
to $903,000 is available to satisfy Federal fish passage 
obligations for the term of the cooperative agreement with 
Puget Sound Energy.
      The Dalles Lock and Dam, Washington and Oregon.--Funds 
are provided for Lewis and Clark activities at Celilo Park.
      Chinook, Head of Sand Island and Baker Bay, Washington.--
The conferees note the proximity of Corps navigation facilities 
on the Columbia River between Chinook and the Head of Sand 
Island, Washington, and at Baker Bay, Washington, and encourage 
the Corps of Engineers to seek ways to achieve cost savings and 
efficiency, such as by utilizing appropriate contracting 
methods while having these two projects be considered together 
when seeking bids and awarding contracts.
      Remaining items, regional sediment management support 
program.--Within the funds provided, the amounts are to be 
allocated as follows:

Fletcher Cove, Solona Beach, California.................        $300,000
Southeast Coast of Oahu, Hawaii.........................         400,000
Littoral Drift Restoration Program, Benson Beach, WA....       1,584,000
Lido Key, Sarasota, and vicinity and central and 
    southern Brevard County to Dade.....................         325,000
South Jetty and Clatsop Spit, Oregon....................         300,000
Coastal zone mapping and imaging laser, University of 
    Southern Mississippi................................       4,500,000

      Removal of sunken vessels.--The conference agreement 
includes $775,000 for the removal of sunken vessels, of which 
$275,000 shall be for the removal of the State of Pennsylvania 
from the Christina River at Wilmington, Delaware.
      Centrally-funded activities.--The conferees agree that 
centralized management of project funds is efficient and is 
allowed under current guidelines for certain activities. These 
activities include, but are not limited to: the program 
development system known as the Automated Budget System; the 
National Recreation Reservation System; the provision of 
uniforms for those required to wear them; the Volunteer 
Clearinghouse; the Water Safety program; the transition from 
government owned/contractor-operated to private ownership and 
operation of the National Coastal Mapping Program; and the Sign 
Standards Program. Significant cost savings can be realized 
from funding these activities centrally by withholding the 
necessary amounts from the affected projects' appropriations 
prior to allocation. It is critical that cost efficient 
management strategies, such as the above, be employed by the 
Corps in accomplishing its mission at least cost, when such 
strategies support the appropriated program. The conferees 
direct the Corps of Engineers to disclose the costs of these 
activities in its budget justifications.

                 Flood Control and Coastal Emergencies

      The conference agreement provides no appropriation for 
Flood Control and Coastal Emergencies, as proposed by the 
House, instead of $43,000,000 as proposed by the Senate. The 
conferees note the significant appropriations made to the Corps 
in fiscal years 2005 and 2006 to respond to Hurricane Katrina 
and other natural disasters, which are available to maintain 
its readiness posture.

                           Regulatory Program

      The conference agreement provides $160,000,000 for the 
Regulatory Program as proposed by the House instead of 
$150,000,000 as proposed by the Senate.
      The conferees are concerned with the growing backlog and 
the delay in approving various permits, particularly in the 
Jacksonville, Florida and Sacramento, California offices. 
Accordingly, the conferees expect that not less than ten 
percent of the increase over these offices' fiscal year 2005 
district-specific allocation be directed to each of these 
offices from the funds provided above the fiscal year 2005 
level.
      The conferees encourage the Army Corps of Engineers to 
conduct a balanced and comprehensive review of the Champlin's 
Marina Application #CENAE-R-2003-00648 for the Great Salt Pond, 
Block Island, Rhode Island. This review should include all 
relevant information pertaining to navigation, safety, 
competing uses and cumulative impact on the Great Salt Pond, 
including consideration of the Corps-permitted mooring field as 
delineated in Army Corps Permit No. 1987-00012 issued to the 
Town of New Shoreham in July, 1998.

                             Revolving Fund

      The conferees agree that costs of the CFO audit may be 
funded from the revolving fund. However, given the delay in 
award and the unknown out-year costs associated with the CFO 
study, the conferees direct the Corps to provide the House and 
Senate Committees on Appropriations, not later than 60 days 
after enactment of this Act, a complete scope, cost allocation 
and out-year funding requirements of the CFO study. Such 
analysis shall also include comparative information on other 
Federal agencies' costs of similar CFO studies. The Corps is 
further directed not make an award for the CFO study until the 
House and Senate Committees on Appropriations have approved the 
scope and cost of the proposed CFO study.
      The conference agreement includes a provision that 
prohibits the expenditure of funds from the plant replacement 
and improvement program to rehabilitate or to abate lead and 
asbestos from the Dredge McFarland. The House bill included a 
similar provision that reduced funds included in title I of the 
Act. No similar provision was included in the Senate bill. The 
conferees are frustrated that a final report required by the 
conference agreement accompanying the Energy and Water 
Development Appropriations Act of 2004 detailing the 
recommendations on investment decisions on the Corps' dredge 
fleet has yet to be delivered to Congress. Accordingly, the 
Corps is directed to submit the report to Congress not later 
than 30 days after enactment of this Act, after which the 
appropriate authorizing committees should determine the 
appropriate Federal dredge fleet.

            Formerly Utilized Sites Remedial Action Program

      The conference agreement provides $140,000,000 for the 
Formerly Utilized Sites Remedial Action Program as proposed by 
both the House and Senate. The conferees direct the Corps 
during fiscal year 2006 to prepare design specifications for 
the Shallow Land Disposal Area, Parks Township, Pennsylvania, 
and to complete investigations and initiate cleanup 
expeditiously for the former Sylvania nuclear fuel site in 
Hicksville, New York, and for the Luckey, Ohio, site.

                            General Expenses

      The conference agreement includes $154,000,000 for 
general expenses, instead of $152,021,000 as proposed by the 
House and $165,000,000 as proposed by the Senate. In addition, 
the conference agreement assumes that $8,000,000 in unobligated 
balances carried forward into fiscal year 2006, namely to fund 
the CFO study, shall be applied to fund personnel and other 
administrative activities, so that total appropriations 
available in fiscal year 2006 equal the budget estimate. The 
conference agreement stipulates that the total cost of the CFO 
study be funded from the revolving fund.
      The amounts available for general expenses in fiscal year 
2006 shall be available as follows:

                         GENERAL EXPENSES ($000)
------------------------------------------------------------------------
                                                               FY 2006
           Major subordinate command             FY 06  FTE   allocation
------------------------------------------------------------------------
Great Lakes & Ohio River Division.............           69       $9,561
Mississippi River Valley Division.............           73        9,589
North Atlantic Division.......................           62        9,071
Northwestern Division.........................           68        8,866
Pacific Ocean Division........................           19        3,177
South Atlantic Division.......................           63        9,264
South Pacific Division........................           62        9,900
Southwestern Division.........................           60        8,268
Headquarters..................................          402       56,852
Hydrologic Engineering Center--HQ.............            0        7,564
Hydrologic Engineer Center....................           81        7,741
Engineering Research and Development Center...            2          204
Institute for Water Resources.................           27        4,108
Finance Center................................            9          824
Program Accounts..............................  ...........       12,600
Commander's withholding.......................  ...........        4,411
                                               -------------------------
    Subtotal..................................  ...........      162,000
Use of prior year balances....................  ...........       -8,000
                                               =========================
    Total.....................................  ...........      154,000
------------------------------------------------------------------------

      The conference agreement includes the following 
adjustments to the budget estimate:

Civil Works program accounts:
    Decrease in implementing competitive sourcing.......     -$2,000,000
    Decrease in e-government initiatives................        -500,000
    Undistributed reduction.............................      -2,000,000
    Other activities....................................      +4,500,000

      The conference agreement includes a provision making 
$4,500,000 available for analyses on water resource management 
on a watershed or regional scale as proposed by the House.
      The conferees urge the Chief Information Officer of the 
Corps to study a program to modernize and fully integrate the 
Corps' water management system and supervisory control data 
acquisition program to reduce costs of the on-going 
improvements, maintenance, and technical support and to provide 
improved data sharing and management decision making.

      Office of the Assistant Secretary of the Army (Civil Works)

      The conference agreement includes $4,000,000 for the 
Office of the Assistant Secretary of the Army for Civil Works 
as proposed by the House. The Senate bill contained no similar 
appropriation. The conferees agree with the direction of the 
House with respect to indirect costs and the budgeting thereof. 
The conferees further note that funding for this office is 
within the jurisdiction of Energy and Water Development 
Subcommittees of both the House and Senate Committees on 
Appropriations, and none other.

                        Administrative Provision

      The conference agreement includes a provision proposed by 
both the House and Senate relating to reception and 
representation expenses and the replacement and hire of 
passenger motor vehicles.

                           General Provisions

                       Corps of Engineers--Civil

      The conference agreement modifies a provision proposed by 
the House relating to reprogramming. The Senate bill contained 
no similar provision. Reprogrammings are discussed in greater 
detail earlier in this statement of managers.
      The conference agreement includes a provision proposed by 
the Senate relating to credits and reimbursements. The House 
bill contained no similar provision.
      The conference agreement modifies a provision proposed by 
the House relating to the Muskingum Watershed in Ohio. The 
Senate bill contained no similar provision.
      The conference agreement includes a provision as proposed 
by the Senate relating to Civil Works functions. The House bill 
contained no similar provision.
      The conference agreement includes a provision as proposed 
by the Senate relating to St. George's Bridge, Delaware. The 
House bill contained no similar provision. 
      The conference agreement deletes language proposed by the 
House relating to continuing contracts and includes a provision 
that limits the availability of funds for certain continuing 
contracts authorized by section 206 of the Water Resources 
Development Act of 1999 (33 U.S.C. 2331). The Rivers and 
Harbors Appropriations Act of 1922 (33 U.S.C. 621) provides 
authority for the Corps of Engineers to use continuing 
contracts for ``public work on canals, rivers, and harbors 
adopted by Congress.'' Section 206 of the Water Resources 
Development Act of 1999 (33 U.S.C. 2331) requires the use of a 
continuing contract for a certain set of water resources 
projects, i.e., those for which initiation of construction has 
occurred (defined as the date of enactment of an Act that 
appropriates funds for the project in one of three 
appropriations accounts: Construction, General; Operation and 
Maintenance, General; and Flood Control, Mississippi River and 
Tributaries). The conference agreement narrows the 
applicability of Section 206 of the Water Resources Development 
Act of 1999, so that the Corps is only required to use 
continuing contracts for projects that are funded under the 
Operation and Maintenance account and the Operation and 
Maintenance subaccount of the Flood Control, Mississippi River 
and Tributaries account. The permissive authority established 
in Rivers and Harbors Appropriations Act of 1922 remains 
unaltered, so the Corps may use, but is not required to use, 
continuing contracts.
      The Assistant Secretary of the Army for Civil Works may 
approve the use of continuing contracts in limited 
circumstances. The Assistant Secretary for Civil Works shall:
      (1) Provide within 60 days of enactment of this Act to 
the House  and Senate Committees on Appropriations a report 
identifying all existing continuing contracts and the amounts, 
by fiscal year, of the out-year funding requirements; and
      (2) Provide a quarterly update to the report identified 
above in item (1).
In the execution of any new continuing contract or 
modifications to an existing continuing contract, the Corps 
shall not commit an amount in excess of the amounts 
appropriated for such project in this Act or otherwise 
available for the project, as provided in sections 101 and 105 
of this Act. The conference agreement affirms the management 
reforms undertaken by the Corps and the directions of the House 
relating to management and execution of continuing contracts.
      The conference agreement includes a provision as proposed 
by the Senate relating to Chief of Engineers reports. The House 
bill contained no similar provision.
      The conference agreement modifies a provision as proposed 
by the House relating to continuing contracts. The Senate bill 
contained no similar provision.
      The conference agreement includes a provision as proposed 
by the Senate relating to transmittal of certain reports of the 
Chief of Engineers. The House bill contained no similar 
provision.
      The conference agreement modifies a provision proposed by 
the Senate relating to Baltimore Metropolitan Water Resources-
Gwynns Falls Watershed. The House bill contained no similar 
provision.
      The conference agreement includes a provision relating to 
New York and New Jersey Harbor as proposed by the House. The 
Senate bill contained no similar provision.
      The conference agreement includes a provision relating to 
Marmet Lock, Kanawha River, West Virginia, as proposed by the 
Senate. The House bill contained no similar provision.
      The conference agreement includes a provision relating to 
Truckee Meadows Flood Control Project, Nevada.
      The conference agreement includes a provision relating to 
Lake Cumberland, Kentucky, as proposed by the Senate. The House 
bill contained no similar provision.
      The conference agreement includes a provision relating to 
Lower Las Vegas Wash, Nevada, as proposed by the Senate. The 
House bill contained no similar provision.
      The conference agreement includes a provision relating to 
Yazoo Basin, Big Sunflower River, Mississippi, as proposed by 
the Senate. The House bill contained no similar provision.
      The conference agreement includes a provision relating to 
Lower Mississippi River Museum and Interpretive Site, 
Mississippi, as proposed by the Senate. The House bill 
contained no similar provision.
      The conference agreement includes a provision relating to 
the Central New Mexico project, as proposed by the Senate. The 
House bill contained no similar provision.
      The conference agreement includes a provision relating to 
Los Angeles Harbor, California, as proposed by the Senate. The 
House bill contained no similar provision.
      The conference agreement includes a provision relating to 
Alpine, California, as proposed by the Senate. The House bill 
contained no similar provision.
      The conference agreement modifies a provision proposed by 
the Senate relating to a biological opinion in New Mexico. The 
House bill contained no similar provision.
      The conference report includes a provision relating to 
Bluestone, West Virginia, as proposed by the Senate. The House 
bill contained no similar provision.
      The conference agreement includes a provision relating to 
a wastewater infrastructure project in DeSoto County, 
Mississippi.
      The conference agreement includes a provision relating to 
a flood control project in Las Vegas Wash and Tributaries, 
Nevada.
      The conference agreement includes a provision relating to 
Lake Michigan Waterfront and related areas, Lake and Porter 
Counties, Indiana.
      The conference agreement includes a provision relating to 
Chesapeake Bay oyster restoration.
      The conference agreement includes a provision relating to 
a flood control project at Little Calumet River, Indiana.
      The conference agreement includes a provision relating to 
the American River watershed in California. This section adds 
new language to previously authorized flood damage reduction 
work at Folsom Dam and encourages the joint efforts currently 
being pursued by the Corps of Engineers, Bureau of Reclamation, 
the State of California, and the Sacramento Flood Control 
Agency (SAFCA) to address both flood damage reduction and dam 
safety needs at Folsom Dam, California. It also clarifies 
language in the fiscal year 2004 Energy & Water Development 
Appropriations Act regarding the new bridge below Folsom Dam. 
This bridge is an integral and necessary component of any flood 
damage or dam safety work that is to be accomplished at the 
dam. The Corps of Engineers has primary federal responsibility 
for the bridge but the Bureau of Reclamation, which operates 
Folsom Dam, also plays an integral role. The two agencies must 
work cooperatively to implement the work in a timely manner. 
Subsection (a) directs the Corps of Engineers and Bureau of 
Reclamation to coordinate technical reviews, joint planning, 
and preliminary design work for flood damage reduction 
improvements and dam safety needs at Folsom Dam and Reservoir. 
Subsections (b) and (c) clarify congressional intent by 
designating the Corps as the federal agency responsible for 
implementing the bridge and specifying that any additional 
funding requirement associated with converting the bridge from 
a temporary structure to a permanent one is to be a federal 
responsibility. This is in recognition of the fact that the 
road currently on top of Folsom Dam, which has been open for 
public use for most of the time since the dam was constructed, 
will ultimately be closed permanently for security reasons. 
Subsection (d) allows ``902'' cost increase provisions to apply 
to bridge costs just as it does for any other Corps project. 
This normal and customary application of existing law, when 
applied to the original costs cited in the fiscal year 2004 Act 
and updated to current conditions, will increase amounts 
available for estimates of both temporary and permanent bridge 
costs. Subsection (e) directs the Corps and the Bureau to 
proceed with expedited construction of the bridge and 
associated roadways, and encourages the Corps to make efforts 
to implement and project in a manner that is compatible with 
future improvements for flood control. The conferees understand 
that related efforts are underway to address potential 
structural changes to Folsom Dam to address flood control and 
dam safety concerns; however, these related efforts should not 
needlessly delay timely construction of the bridge/roadway 
project. If modifications to the completed bridge/roadway 
project are deemed necessary to accomplish flood control and 
dam safety objectives, Congress will authorize modifications to 
the project that may be necessary. The conferees direct both 
the Corps and the Bureau to work expeditiously to complete 
reviews, approvals and other administrative actions that may be 
necessary to expedite this work, including providing necessary 
easements and rights-of-way. A reporting requirement is 
included in subsection (f).
      The conference agreement includes a provision relating to 
Jacksonville Harbor, Florida.
      The conference agreement includes a provision relating to 
environmental infrastructure in the State of Ohio.
      The conference agreement includes a provision relating to 
Onondaga Lake, New York.
      The conference agreement includes a provision relating to 
White River Basin, Arkansas.
      The conference agreement includes a provision relating to 
the Calcasieu ship channel, Louisiana.
      The conference agreement includes a provision relating to 
a flood damage reduction project at Johnson Creek, Texas.
      The conference agreement includes a provision relating to 
previously appropriate funds for Hudson River, Athens, New 
York.
      The conference agreement includes a provision relating to 
the Corps of Engineers district office in Charleston, South 
Carolina.
      The conference agreement includes a provision relating to 
the Louisville, Kentucky Waterfront Park.
      The conference agreement includes a provision relating to 
a navigation project in Akutan, Alaska.
      The conference agreement includes a provision relating to 
Poplar Island, Maryland.
      The conference agreement deletes a provision relating to 
a disposal barrier in Vermont and New York.
      The conference agreement deletes several provisions 
relating to the Missouri and Middle Mississippi Rivers 
Enhancement Project.
      The conference agreement deletes a provision proposed by 
the Senate relating to Lower Mud River, Milton, West Virginia. 
The House bill contained no similar provision.
      The conference agreement deletes a provision proposed by 
the Senate relating to regulatory permitting.

                  TITLE II--DEPARTMENT OF THE INTERIOR

                Central Utah Project Completion Account

      The conference agreement includes a total of $32,614,000 
as proposed by both the House and the Senate. Within the funds 
appropriated, the conference agreement includes $31,668,000 for 
Central Utah project construction; $946,000 for fish, wildlife, 
and recreation mitigation and conservation; and $1,736,000 for 
program oversight and administration.

                         Bureau of Reclamation

                      Water and Related Resources

      The conference agreement includes an appropriation of 
$883,514,000 for water and related resources, instead of 
$832,000,000 as proposed by the House and $899,569,000 as 
proposed by the Senate. The conference agreement deletes 
provisions proposed by the Senate relating to the Snyderville 
Basin Water Supply Study Special Report in the State of Utah. 
The House bill contained no similar provision.
      The conference agreement for water and related resources 
is shown in the following table:


      Central Arizona project, Arizona.--The conference 
agreement includes additional funds to continue a biological 
assessment or other appropriate evaluation of environmental 
impact from the potential diversions of flow from the Gila 
River consistent with the terms of the consumptive use and 
forbearance agreement ratified by Congress in the Arizona Water 
Settlements Act in order to receive a biological opinion or 
other appropriate determination by December 2008.
      Colorado Front Work and Levee System, Arizona.--The 
conferees have provided additional funds for continued work on 
the regulating reservoirs on the All American Canal and for 
initiation of appropriate studies to determine if additional 
capacity can be economically realized behind Laguna Dam if 
sediment is removed. The conferees understand that these 
projects have the potential of saving as much as 300,000 acre-
feet of Colorado River System water that would otherwise be 
over-delivered to Mexico. Because of the potential for such 
water savings (essentially Nevada's entire annual share of 
Colorado River Water), the conferees strongly recommend that 
Reclamation proceed aggressively with this work and to reflect 
the urgency of completing these projects in future budget 
requests. Because the regulating reservoir and Laguna Dam 
sediment removal provide needed improvements in river control, 
management and river system efficiencies, all of which are 
Federal responsibilities, the conferees believe that they 
should be undertaken at full Federal expense.
      Within the funds provided, the conference agreement 
includes $4,750,000 to continue planning and design of 
regulating reservoirs near the All American Canal.
      South/central Arizona investigations program.--Within the 
funds provided, $109,000 is available to complete the final 
report of phase II of the central Arizona salinity study and 
$250,000 for the West Salt River Management Study.
      Yuma area projects, Arizona and California.--The 
conference agreement includes $22,019,000 for the Yuma area 
projects in Arizona and California. Within the funds provided, 
$500,000 is available for renovation and refurbishment of the 
City of Needles, California Bureau Bay Reclamation Project 
site.
      Cachuma Project, California.--$500,000 is provided for 
the Lake Cachuma Water and Sewerage Plant.
      Central Valley Project, California.--Auburn/Folsom South 
Unit, California.--The Auburn-Folsom South Unit was authorized 
for construction by Congress by the Act of September 2, 1965, 
P.L. 89-161, 79 Stat. 615. No construction on Auburn Dam has 
occurred since August of 1975. The costs and associated 
benefits of the Auburn-Folsom South Unit were last calculated 
in 1962. To determine whether a full feasibility study is 
warranted, these values must be updated to current levels. The 
conference agreement includes $1,000,000 for the Bureau of 
Reclamation to complete a special report to update the analysis 
of costs and associated benefits of the Auburn-Folsom South 
Unit of the Central Valley Project. The report is due to the 
committees of jurisdiction by August 30, 2006.
      American River Division.--Within the funds provided, 
$1,000,000 shall be available for the El Dorado Temperature 
Control Device.
      Friant Division.--$200,000 has been provided for 
appraisal level studies of the Madera Irrigation District Water 
Supply Enhancement and $200,000 is provided for the Semitropic 
Groundwater Storage Project.
      Miscellaneous project programs.--Additional funds above 
the budget request are provided to complete phase II of the 
Kaweah River Delta Corridor Enhancement Study ($63,000) and 
$2,000,000 is provided for the Sacramento Valley Water 
Management Program, which shall be made available for a 
cooperative agreement or agreements with the Northern 
California Water Association or its member agencies for the 
completion of the necessary environmental documents, and 
development and implementation of projects in support of the 
Sacramento Valley Water Management Plan, including those 
projects that will integrate the Lower Tuscan Groundwater 
Formation into the Sacramento Valley surface water system 
through conjunctive water management.
      Sacramento River Division.--Additional funds above the 
budget request are provided to complete the Glen Colusa 
Irrigation District Fish Screen Improvement Project.
      Trinity River Division.--The conference agreement 
provides $500,000 above the budget request for the Fishery 
Restoration program. These funds are to be used in concert with 
the $2,000,000 provided in the Central Valley Project 
Restoration Program to meet Federal trust responsibilities to 
protect the fishery resources of the Hoopa Valley Tribe. The 
Commissioner is urged to continue to support a Co-Management 
Agreement between the Hoopa Valley Tribe and the Bureau of 
Reclamation.
      In addition, the conferees have provided $500,000 for the 
acquisition and/or modification of floodplain structures 
necessary for release of 11,000 cubic feet per second in an 
extremely wet water year.
      Salton Sea research project.--The conference agreement 
includes $4,828,000 for the Salton Sea research project, 
including $1,500,000 to continue environmental restoration 
efforts at the Alamo and New Rivers, and for other authorized 
pilot projects. The Bureau is encouraged to work jointly with 
the Salton Sea Authority and assist the Authority in running 
its own pilot projects.
      Southern California investigations program.--The 
conference agreement includes $766,000 for the Southern 
California investigations program. Within the funds provided, 
$100,000 has been included to assist the Western Municipal 
Water District in general planning and associated environmental 
compliance activities related to the Riverside-Corona Feeder 
project; $300,000 to assist the Lake Arrowhead Community 
Services District to develop a groundwater management plan; and 
$100,000 to assist the City of Apple Valley, California to 
develop an appraisal study of the water reclamation portion of 
the City of Apple Valley's sewage treatment and reclamation 
project.
      Lahontan Basin Project, Nevada.--The conferees have 
learned that dam safety issues have arisen concerning Tahoe 
Dam. As this dam provides more than 70 percent of the water 
supply for the area, it is imperative that safety remediation 
activities be undertaken as soon as possible. The conferees 
understand that preliminary investigations are underway and 
will be continued with budgeted funds in fiscal year 2006. The 
conferees expect Reclamation to ask for the appropriate funding 
level in the fiscal year 2007 budget to address safety issues.
      Middle Rio Grande Project, New Mexico.--The conferees 
support the reorganization of the Endangered Species Act 
Collaborative Program resulting in the Army Corps of Engineers, 
in collaboration with the Fish and Wildlife Service, taking 
responsibility to provide the administrative support for the 
program and the Army Corps of Engineers taking responsibility 
to meet the Reasonable and Prudent Alternative of the 2003 
Biological Opinion required by section 205 of Public Law 108-
447 (118 Stat. 2949) other than the water acquisition and 
management functions set out in the Reasonable and Prudent 
Alternative. Additionally, the Army Corps of Engineers will 
assume responsibility for providing a detailed spending plan 
for fiscal year 2006 funds to the House and Senate 
Appropriations Committees for approval; complete the baseline 
Long-Term Plan and complete the Programmatic Environmental 
Impact Statement before the end of fiscal year 2006. The Bureau 
of Reclamation retains responsibility to meet the Reasonable 
and Prudent Alternative regarding water acquisition and 
management, including acquisition of water to meet the flow 
requirements articulated in the 2003 Biological Opinion and 
development of a long-term plan to meet these flow 
requirements. The conferees expect the Bureau of Reclamation to 
facilitate a smooth transition of administrative functions for 
the program to the Army Corps of Engineers and the Fish and 
Wildlife Service within three months of the beginning of fiscal 
year 2006. Of the total $28,076,000 provided for the Middle Rio 
Grande Project, the conferees have provided $12,900,000 for the 
collaborative program. Of these funds, the Bureau of 
Reclamation is provided $5,000,000 for water acquisition and 
associated administrative support within the Bureau; the Bureau 
is to transfer $7,500,000 to the Army Corps of Engineers to 
fund population management, habitat restoration, water 
management studies, fish passage and river connectivity, minnow 
management, water quality, science and monitoring, biological 
opinion monitoring, and program management to meet the 2003 
Biological Opinion Reasonable and Prudent Alternatives; and to 
provide $400,000 to the Fish and Wildlife Service for program 
management support. The cost-share requirements of the program 
remain 75 percent Federal/25 percent non-Federal for all 
activities except water acquisition and program administration. 
Non-Federal cost share may be provided through in-kind services 
and participation on the administration team. The conferees 
have provided $1,000,000 above the request for the further 
refinement of the Upper Rio Grande Water Operations Model in 
collaboration with the Army Corps of Engineers, Sandia National 
Laboratories and the other partners. Additionally, $2,000,000 
is provided for completion of construction and initial 
operation of the off-channel sanctuary authorized under section 
6014 of Public Law 109-13.
      Deschutes ecosystem restoration project, Oregon.--The 
conferees have provided $1,000,000 to continue this project.
      Northern Utah investigations program, Utah.--Additional 
funds are for the Rural Water Technology Alliance.
      Washington investigations program, Washington.--Within 
the funds provided, $118,000 is for the Odessa Sub Area study, 
and $50,000 is for the West Canal study.
      Colorado River Basin Salinity Control Project, Title I.--
The conferees note that weather modification is but one way to 
augment and maximize flows in the river, and direct the 
Department of the Interior and the Bureau to begin processes to 
produce augmentation strategies.
      The conferees understand that Reclamation has initiated a 
public process to solicit information about potential methods 
to recover or replace agricultural return flows from the 
Wellton-Mohawk Irrigation and Drainage District that bypass the 
Colorado River and are discharged to the Cienega de Santa Clara 
in Mexico (bypass flows). The U.S. has bypassed highly saline 
agricultural return flows to the Cienega to help meet Colorado 
River water quality obligations to Mexico. However, the bypass 
flows are not included in the 1.5 million acre-feet of water 
that the U.S. is required to deliver annually to Mexico. 
Consequently, system storage from the Colorado River has been 
used to make up for the bypass flow. The current drought and 
projected long-term water demands have heightened concern about 
this demand on the river system. The Yuma Desalting Plant was 
originally constructed to recover part of the bypass flows and 
return them to the river. Various other methods for recovering 
or replacing the flows have been proposed including options 
that address potential impacts to the wetlands in the Cienega 
de Santa Clara. The conferees believe that this public process 
is a positive step in attempting to address this complex 
hydrologic problem and encourage Reclamation to continue this 
stakeholder process. Recognizing that the Yuma Desalting Plant 
may be one part of the solution to the return flow issue, the 
conferees believe that it is prudent to reiterate the direction 
from previous Acts that sufficient resources be dedicated to 
the Yuma Desalting Plant so that one-third operational capacity 
may be achieved by the end of calendar year 2006.
      El Paso, Water Reclamation and Reuse, Texas.--The 
conference agreement includes $103,000 to complete the project 
as currently authorized.
      Native American Affairs program.--Additional funds 
provided above the budget request are for continued work on the 
AAMODT settlement.
      Research and development, desalination research and 
development program.--The conferees urge the Bureau of 
Reclamation to place a higher priority on desalination 
activities in future budgets given the importance of 
sustainable water supplies to the West and to other regions of 
the country. The conference agreement provides $7,000,000 for 
the completion of construction of the Tularosa Basin 
Desalination Facility, New Mexico, and initial operation. Upon 
completion of the facility, the Bureau is directed to select an 
organization to operate the facility under Bureau direction. In 
this selection, the Bureau should give priority to local 
educational institutions with expertise, do not need to 
relocate and have on-going water research activities.
      Title XVI, Water Reclamation and Reuse.--The conference 
agreement includes $3,729,000 for this program, of which 
$2,500,000 shall be for the WateReuse Foundation. These funds 
shall be available to support the Foundation's research 
priorities.
      Departmental irrigation program.--The conference 
agreement provides $1,818,000 for this program, of which 
$150,000 shall be for the Uncompaghre selenium control project 
and $1,668,000 for irrigation modernization activities for 
Elephant Butte Irrigation District.
      Water 2025.--The conferees have included $1,000,000 to 
provide for continued efficiency and water improvements related 
to the Middle Rio Grande Conservancy District and $1,000,000 
for work related to water efficiency and supply supplementation 
in the Pecos consistent with the partnership between the 
Carlsbad Irrigation District and the New Mexico Interstate 
Stream Commission. A critical component of reducing tension 
among multiple water users is collaborative planning and joint 
operations. Within the funds provided, $2,000,000 is for the 
Desert Research Institute to address water quality and 
environmental issues in ways that will bring industry and 
regulators to mutually acceptable answers. Funding of 
$1,000,000 for the alliance with the International Center for 
Water Resources Management at Central State University, OH, is 
also provided herein.
      Building and site security.--The conference agreement 
includes $40,000,000 for building and site security activities, 
as proposed by the House, instead of $50,000,000 as proposed by 
the Senate. The amount provided recognizes that the Bureau of 
Reclamation is expected to receive approximately $10,000,000 in 
reimbursements for additional security guards and patrols, 
which are considered project O&M; costs. The conferees agree, 
however, that all project beneficiaries that benefit from an 
enhanced security posture at the Bureau's facilities should pay 
a share of the security costs. Accordingly, the Bureau is 
directed to provide to the House and Senate Committees on 
Appropriations, not later than 60 days after the enactment of 
this Act, a delineation of planned reimbursable security costs 
by project pro-rated by all project purposes.
      Water conservation field service program.--Within the 
amounts provided, $1,000,000 shall be allocated for the Many 
Farms Irrigation Water Conservation project; $300,000 shall be 
allocated for urban water conservation projects identified 
through the Metropolitan Water District of Southern California 
Innovative Conservation Program; and $100,000 shall be 
allocated to initiate a study to identify concurrent and 
overlapping government programs aimed at improving water 
resource efficiency.

                Central Valley Project Restoration Fund

      The conference agreement provides $52,219,000 for the 
Central Valley Project Restoration Fund as proposed by both the 
House and the Senate.

                   California Bay--Delta Restoration

                     (INCLUDING TRANSFER OF FUNDS)

      The conference agreement includes $37,000,000 for the 
CalFed Delta Restoration program, as proposed by the Senate, 
instead of $35,000,000 as proposed by the House.
      The funds provided are intended to support the following 
activities, as delineated below:

Environmental water account.............................      $8,800,000
    CALFED 180 Day Study................................       (500,000)
Storage program.........................................      11,500,000
    San Joaquin River basin.............................     (4,000,000)
    Los Vaqueros........................................     (3,200,000)
    Shasta enlargement..................................     (4,000,000)
    Sites...............................................       (300,000)
Conveyance..............................................       4,800,000
    San Luis Reservoir Low Point........................     (2,000,000)
    Frank Tract.........................................       (500,000)
Planning and management activities......................         500,000
Water use efficiency....................................       5,900,000
    Westside regional drainage program..................     (1,650,000)
    Butte County Groundwater Model......................       (250,000)
    Inland Empire Utilities Agency regional water 
      recycling project.................................     (1,000,000)
Ecosystem restoration...................................       2,500,000
    Sacramento River small diversion fish screen program       (500,000)
Water Quality: Contra Costa Water District alternative 
    intake project......................................       2,000,000
Science program: Interagency ecological program.........       1,000,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total, California Bay-Delta Restoration...........      37,000,000

      CALFED 180 Day Study.--The conference agreement includes 
$500,000, to be transferred to the Corps of Engineers, which 
shall be available to complete a report describing the Federal 
levee stability reconstruction projects and priorities that 
will be carried out through 2010. The conferees expect the 
Corps to budget appropriately for these activities in future 
budget submissions.

                       Policy and Administration

      The conference agreement includes $57,917,000 for policy 
and administration as proposed by both the House and the 
Senate.

                        Administrative Provision

      The conference agreement includes a provision limiting 
the purchase of not to exceed 14 passenger vehicles, as 
proposed by both the House and the Senate.

                           General Provisions

                       Department of the Interior

      The conference agreement includes a provision regarding 
the San Luis Unit and Kesterson Reservoir in California, as 
proposed by both the House and the Senate.
      The conference agreement includes a provision prohibiting 
the use of funds for any water acquisition or lease in the 
Middle Rio Grande or Carlsbad Projects in New Mexico unless the 
acquisition is in compliance with existing state law and 
administered under state priority allocation. This provision 
was contained in both the House and Senate bills.
      The conference agreement includes a provision proposed by 
the House relating to agreements with the City of Needles, 
California or the Imperial Irrigation District for the design 
and construction of stages of the Lower Colorado Water Supply 
Project. No similar provision was contained in the Senate bill.
      The conference agreement includes a provision as proposed 
by the Senate related to drought emergency assistance. No 
similar provision was contained in the House bill.
      The conference agreement modifies a provision proposed in 
the Senate bill relating to Water 2025. The House bill 
contained no similar provision.
      The conference agreement deletes a provision related to 
the Rio Grande Collaborative Water Operations Team.
      The conference agreement modifies a provision proposed by 
the Senate relating to the Desalination Act. The House bill 
contained no similar provision.
      The conference agreement includes a provision as proposed 
by the Senate relating to Animas-La Plata. The House bill 
contained no similar provision.
      The conference agreement includes a provision proposed by 
the Senate relating to Desert Terminus Lakes. The House bill 
contained no similar provision.
      The conference agreement includes a provision relating to 
a special report to update the analysis of costs and associated 
benefits of the Auburn-Folsom South Unit, Central Valley 
Project, California.
      The conference agreement deletes a provision proposed by 
the Senate relating to Humbolt Project Title transfer.
      The conference agreement deletes a provision proposed by 
the Senate relating to a feasibility study for Norman, 
Oklahoma.
      The conference agreement deletes a provision relating to 
Animas-La Plata.

                    TITLE III--DEPARTMENT OF ENERGY

      The summary tables at the end of this title set forth the 
conference agreement with respect to the individual 
appropriations, programs, and activities of the Department of 
Energy. Additional items of conference agreement are discussed 
below. The allocations for specific projects and earmarks that 
were provided in the separate House and Senate reports are 
superceded by this conference report. Other programmatic 
guidance and reporting requirements identified in the separate 
House and Senate reports remain effective unless modified by 
the conference report.
      The conferees are aware that the Energy Policy Act of 
2005 (Public Law 109-58) imposed a number of new requirements 
on the Department. Unfortunately, these requirements were not 
included in the fiscal year 2006 budget request nor in the 
conference allocation. For urgent needs associated with the 
Energy Policy Act of 2005, the Department should submit a 
reprogramming request to the House and Senate Committees on 
Appropriations. The conferees expect the Department to budget 
fully for these new requirements in the fiscal year 2007 
request.

                 SPECIAL NUCLEAR MATERIAL CONSOLIDATION

      The conferees support the House language regarding the 
complex wide consolidation of special nuclear materials (SNM). 
The conferees are disappointed with the lack of urgency 
demonstrated by the Department when it comes to addressing the 
security and cost liability of having significant quantities of 
special nuclear materials at multiple departmental facilities 
across the complex. Unfortunately, the Department has indicated 
that it will not be able to bring all of its facilities and 
operations into compliance with the latest Design Basis Threat 
until 2008. This delay is unacceptable. With the MOX project 
starting construction at the Savannah River Site, the 
Department should move forward aggressively to develop a 
complex wide plan to achieve the significant cost and security 
benefits of material consolidation. The conferees direct the 
Secretary of Energy to provide a report to the Committees on 
Appropriations on the nuclear material consolidation 
activities, including detailed cost, scope, and schedule of 
consolidation activities, and facilities targeted for 
deinventorying of SNM and sites and facilities available to 
support the consolidation mission. The report to the Committees 
is due by July 1, 2006.

                        CONGRESSIONAL DIRECTION

      The conferees support the House language requiring the 
Secretary to submit to the House and Senate Committees on 
Appropriations, Subcommittee on Energy and Water, a quarterly 
report on the status of all projects, reports, fund transfers, 
and other actions directed in the separate House and Senate 
reports for fiscal year 2006 and in this conference agreement.

                          BUDGET REQUIREMENTS

      The conferees agree with the House language regarding 
budget justification requirements and five-year budget 
planning.

                 SAFEGUARDS AND SECURITY IMPLEMENTATION

      The conferees agree with the House report language 
regarding problems with the Design Basis Threat (DBT) for DOE 
sites. The conferees expect the Department to adopt a 
postulated threat, a DBT, and a DBT implementation strategy 
that is consistent with that used by other federal agencies.

                        AUGMENTING FEDERAL STAFF

      The conferees continue to be concerned about the numbers 
of management and operating contractor employees assigned to 
the Washington metropolitan area. However, the conferees do not 
impose a numerical ceiling for fiscal year 2006, as has been 
the case in previous fiscal years. Instead, the conferees 
expect the Secretary and the responsible program offices to 
manage this issue closely and avoid excessive growth in the 
number of contractor personnel assigned to the Washington area. 
The conferees maintain the reporting requirements contained in 
the House report.

          LABORATORY DIRECTED RESEARCH AND DEVELOPMENT (LDRD)

      The conferees are concerned with the level of overhead 
charges applied to programs funded in this bill and urge the 
Department to continue to work to minimize the overhead burden 
on all program activities. In order to ensure an equitable 
allocation of overhead costs the Secretary should apply 
overhead charges to LDRD activities consistent with cost 
accounting practices applied to program activities that are 
direct funded. The conference agreement increases the allowable 
percentage for LDRD, PDRD and SDRD activities to allow this 
accounting change without harming the underlying discretionary 
research activities. The change in accounting practices should 
be implemented with no net reduction in LDRD levels below 6 
percent of the funds provided by the Department of Energy to 
such labs for national security activities and 2 percent for 
PDRD and SDRD activities at the appropriate plants and sites. 
Within 90 days after the date of enactment of this Act, the 
Secretary of Energy shall submit a report to the Committees on 
Appropriations detailing how the accounting change will be 
implemented without impacting the basic research and the change 
shall be implemented within 180 days of enactment.

            EQUAL EMPLOYMENT OPPORTUNITY AT DOE LABORATORIES

      Based on the recommendations of the GAO report (GAO-05-
190) regarding equal employment opportunity within the 
Department of Energy, the conferees direct the Department of 
Energy to determine the causes of such disparities and take 
necessary corrective steps to address the problems identified.

                        REPROGRAMMING GUIDELINES

      The conferees require the Department to inform the 
Appropriations Committees promptly and fully when a change in 
program execution and funding is required during the fiscal 
year. To assist the Department in this effort, the following 
guidance is provided for programs and activities funded in the 
Energy and Water Development Appropriations Act.
      Definition.--A reprogramming includes the reallocation of 
funds from one activity to another within an appropriation, or 
any significant departure from a program, project, or activity 
described in the agency's budget justification as presented to 
and approved by Congress. For construction projects, a 
reprogramming constitutes the reallocation of funds from one 
construction project identified in the justifications to 
another project or a significant change in the scope of an 
approved project.
      Criteria for Reprogramming.--A reprogramming should be 
made only when an unforeseen situation arises, and then only if 
delay of the project or the activity until the next 
appropriations year would result in a detrimental impact to an 
agency program or priority. Reprogrammings may also be 
considered if the Department can show that significant cost 
savings can accrue by increasing funding for an activity. Mere 
convenience or preference should not be factors for 
consideration.
      Reprogrammings should not be employed to initiate new 
programs or to change program, project, or activity allocations 
specifically denied, limited, or increased by Congress in the 
Act or this statement. In cases where unforeseen events or 
conditions are deemed to require such changes, proposals shall 
be submitted in advance to the Appropriations Committees and be 
fully explained and justified.
      Reporting and Approval Procedures.--The conferees have 
not provided statutory language to define reprogramming 
guidelines, but expect the Department to follow the letter and 
spirit of the guidance provided in this statement. Consistent 
with prior years, the conferees have not provided the 
Department with any internal reprogramming flexibility in 
fiscal year 2006, unless specifically identified in the 
conference report for particular programs, projects, or 
activities. Any reallocation of new or prior year budget 
authority or prior year deobligations must be submitted to the 
Appropriations Committees in writing and may not be implemented 
prior to approval by the Committees on Appropriations.

                     Energy Supply and Conservation

      The conference agreement provides $1,830,936,000 for 
Energy Supply and Conservation. The conferees direct that the 
Office of Electricity Delivery and Energy Reliability function 
as the principal DOE liaison with the Federal Energy Regulatory 
Commission.
      Congressionally directed projects.--The conference 
agreement includes a list of Congressionally directed projects, 
within available funds, at the end of the Energy Supply and 
Conservation section. In the event the project totals exceed 
twenty percent of a subaccount, the Department has the 
discretion to fund these projects within other Energy Supply 
and Conservation subaccounts than those identified in the 
table. The conferees remind recipients that statutory cost 
sharing requirements may apply to these projects.

            ENERGY EFFICIENCY AND RENEWABLE ENERGY RESOURCES

      The conference agreement provides $1,185,700,000 for 
energy efficiency and renewable energy resources. The conferees 
provide $4,000,000 for the National Center on Energy Management 
and Building Technologies, and direct that this project shall 
be subject to the cost-sharing requirements of a research 
project rather than a demonstration project.
      The conferees support DOE's efforts to strengthen project 
management within the Office of Energy Efficiency and Renewable 
Energy (EERE) with the establishment of the Project Management 
Center (PMC). With the success of the PMC, the conferees see no 
need for third-party contracting agents, and discourage the 
Department from engaging in third-party arrangements for the 
award and distribution of federal funds.
      Hydrogen Technology.--The conference agreement includes 
$157,199,000 for hydrogen technology, of which $76,100,000 is 
designated for fuel cell technologies. The conferees provide 
the budget request for distributed reforming and electricity 
development, and no funds for recapturing heat from PEM fuel 
cells within distributed energy systems. The conferees provide 
$14,900,000 for infrastructure and $24,000,000 for vehicles for 
the demonstration projects in the budget request.
      Biomass and Biorefinery Systems R&D.--The; conference 
agreement includes $91,634,000 for integrated research and 
development on biomass and biorefinery systems. The conferees 
provide $3,500,000 for the Consortium for Plant Biotechnology 
Research.
      Solar Energy.--The conference agreement includes 
$83,953,000 for solar energy programs, which includes 
$11,000,000 for concentrating solar power.
      Wind energy.--The conference agreement includes 
$39,249,000 for wind energy programs.
      Geothermal Technology.--The conference agreement includes 
$23,299,000 for geothermal technology, to include continued 
funding at current year levels for GeoPowering the West.
      Hydropower.--The conferees recommend $500,000 for 
hydropower research. The Department should complete integration 
studies and close out outstanding contracts in advanced 
hydropower technology.
      Vehicle Technologies.--The conferees recommend 
$183,943,000, which includes an increase of $1,000,000 for 
Advanced Combustion R&D;, Combustion and Emission Control. The 
conferees provide $19,000,000 for the Automotive Lightweight 
Materials program; $500,000 for the hydrogen natural gas 
vehicles cylinder safety, inspection and maintenance program; 
and $3,500,000 for the Off-Highway Program. The conference 
agreement provides $10,000,000 to Oak Ridge National Laboratory 
to be divided evenly between materials development and 
computational modeling to develop highway transportation 
technologies.
      Building Technologies.--The conferees recommend 
$69,966,000, to include $10,256,000 for equipment standards and 
analysis, an increase of $7,000,000 for lighting R&D;, and a 
$3,000,000 increase for thermal insulation and building 
materials. Within the $20,000,000 provided for lighting R&D;, 
$5,000,000 is to support a National Center for solid state 
lighting research and development through the Office of 
Science, to be competed among the centers for nanotechnologies. 
The conferees provide $1,000,000 for Oil Heat Research for 
residential buildings. The conferees encourage the Department 
to support energy efficiency research for affordable, factory-
built housing through the Manufactured Housing Research 
Alliance.
      Report Requirement.--The conferees request a report on 
appliance efficiency standards as directed in the House report.
      Industrial Technologies.--The conference agreement 
includes $57,429,000 for industrial technologies, to include an 
increase of $2,402,000 for Industries of the Future, and a 
decrease of $1,642,000 for combustion R&D.;
      Distributed Energy and Electricity Reliability Program.--
The conferees direct the activities within this account be 
merged within the Office of Electricity Delivery and Energy 
Reliability (OE), and the conference agreement includes 
$60,666,000 within OE to support these activities.
      Federal Energy Management Programs.--The conferees 
provide $19,166,000 for the Federal Energy Management Programs, 
including $2,019,000 for the Departmental Energy Management 
Program.
      Facilities and Infrastructure.--The conferees provide 
$26,315,000 for renewable energy Facilities and Infrastructure. 
This amount includes $5,800,000 for operations and maintenance 
of the National Renewable Energy Laboratory (NREL) in Golden, 
Colorado; $10,515,000 to continue construction of the new 
Science and Technology facility at NREL (project 02-E-001); and 
$10,000,000 for the design and construction of the already 
approved research support facilities at the National Renewable 
Energy Laboratory. The conferees direct that the design of the 
facilities should be bid competitively, and should demonstrate 
the use of state of the art renewable energy and energy 
efficiency technologies in the design of the buildings.
      Weatherization and Intergovernmental activities.--The 
conferees provide $240,400,000 for weatherization assistance 
program grants, $4,600,000 for training and technical 
assistance, $36,000,000 for state energy program grants, 
$500,000 for state energy activities and $25,657,000 for 
gateway deployment. The conferees recommend that gateway 
deployment funds be distributed as follows: $3,807,000 for 
Rebuild America, $350,000 for energy efficiency information and 
outreach, $4,500,000 for building codes training and 
assistance, $8,000,000 for Clean Cities of which an additional 
$1,490,000 is provided above the budget request to expand E-85 
fueling capacity, $6,000,000 for Energy Star, and $3,000,000 
for inventions and innovations. The conferees include 
$3,910,000 for the international renewable energy program, 
$4,000,000 for tribal energy to include $1,000,000 for the 
Council of Renewable Energy Resource Tribes (CERT), and 
$5,000,000 for the Renewable Energy Production Incentive 
(REPI).
      Program Support.--The conferees provide is $13,456,000 
for Program Support, to include $3,500,000 to continue the 
efforts of the National Renewable Energy Laboratory to develop 
renewable energy resources uniquely suited to the Southwestern 
United States through its virtual site office in Nevada.
      Program Direction.--The conferees provide $99,524,000 for 
Program Direction. The reduction of $2,000,000 from the request 
reflects the transfer of program direction funds to the Office 
of Electricity Delivery and Energy Reliability.
      Regional Offices.--The conferees provide full funding for 
the six regional offices in fiscal year 2006. However, the 
conferees understand that the Administration is unlikely to 
request funding for the regional offices in the fiscal year 
2007 budget request. In light of this, the conferees direct the 
regional offices be consolidated into the Project Management 
Center at the Golden Field Office and the National Energy 
Technology Laboratory not later than September 30, 2006.

         OFFICE OF ELECTRICITY DELIVERY AND ENERGY RELIABILITY

      The conferees provide $163,513,000 for Office of 
Electricity Delivery and Energy Reliability. The conferees 
direct that the activities within the Distributed Energy and 
Electricity Reliability Program, previously funded in the 
Energy Conservation account, be merged within the Office of 
Electricity Delivery and Energy Reliability. The conference 
agreement includes $60,666,000 for the transferred activities. 
Within available funds, the conference recommendation includes 
$2,000,000 for Thermal Energy Technologies; $2,000,000 for gas 
engine-driven heat pump development; $2,000,000 to complete the 
on-going Ammonia Absorption Technology Development for HVAC&R; 
activity; $2,500,000 for a CHP engineering prototype and field 
test activity of ammonia absorption technology; continuation of 
desiccant research at a level of $1,500,000; and continuation 
of heat and mass transfer activities at a level of $2,000,000. 
The conference agreement includes $5,000,000 to conduct 
electricity transmission, distribution and energy assurance 
research and development activities at the National Energy 
Technology Laboratory and $10,000,000, equally divided between 
Idaho and Sandia National Laboratories, to support activities 
at the SCADA test facilities. The conference agreement includes 
$3,000,000 for deployment testing and analysis of advanced 
energy storage systems for telecommunication applications in 
Kansas. Detailed subprogram allocations are shown in the table 
at the end of Title III.
      Program Direction.--The conference agreement includes 
$13,447,000 for program direction.

                        NUCLEAR ENERGY PROGRAMS

      The conference agreement provides a total of $557,574,000 
for nuclear energy programs. The Office of Nuclear Energy, 
Science and Technology is the lead office with landlord 
responsibilities for the Idaho site. Because this site provides 
considerable support to defense activities and naval nuclear 
reactors, $123,873,000 of costs is allocated to Other Defense 
Activities and $13,500,000 is allocated to Naval Reactors. Both 
programs are in the 050 budget function.
      University Reactor Fuel Assistance and Support.--The 
conference agreement includes $27,000,000. The conferees 
support the inclusion of the Institute of Nuclear Science and 
Engineering at Idaho National Laboratory in this program.
      Nuclear Energy Research and Development.--The conference 
agreement provides $226,000,000 for nuclear energy research and 
development. The conference agreement provides $66,000,000 for 
Nuclear Power 2010.
      For Generation IV Nuclear Energy Systems, the conferees 
provide $55,000,000, of which $40,000,000 is provided for the 
Next Generation Nuclear Power Plant program. Within available 
funds, $4,000,000 is provided for the development of multiple 
high temperature fuel fabrication techniques in support of the 
Generation IV Nuclear Energy Systems.
      The conferees provide $25,000,000 for the Nuclear 
Hydrogen Initiative. The conferees provide an additional 
$5,000,000 over the request to accelerate essential materials 
research and development and component design, test and 
evaluation for implementing the high temperature sulfuriodine 
water splitting process for hydrogen production necessary to 
the advanced reactor hydrogen co-generation project at Idaho 
National Laboratory.
      The conferees provide $80,000,000 for the Advanced Fuel 
Cycle Initiative (AFCI), $10,000,000 over the request. The 
additional funds are to be used to accelerate the design 
activities associated with a proposed Engineering Scale 
Demonstration (ESD). This funding will allow completion of the 
conceptual design in fiscal year 2006 and enable pre-
engineering design to commence in fiscal year 2007. The 
conferees direct the Department to accelerate the development 
of a separations technology that can address the current 
inventories of commercial spent nuclear fuel and select the 
preferred technology no later than the end of fiscal year 2007. 
The conferees direct the Department to submit the spent nuclear 
fuel recycling technology plan to the House and Senate 
Committees on Appropriations by March 1, 2006.
      Reporting requirement.--The conferees direct the 
Department to submit to the House and Senate Committees on 
Appropriations a report on sodium bonded spent fuel, as 
outlined in the Senate report, no later than March 1, 2006.
      Radiological Facilities Management.--The purpose of the 
Radiological Facilities Management program is to maintain the 
critical infrastructure necessary to support users from the 
defense, space, and medical communities on a reimbursable 
basis. The conference agreement provides $54,595,000 for this 
work.
      The conferees provide $39,700,000 for Space and Defense 
Infrastructure. This includes the requested amounts to operate 
radioisotope power systems at the Idaho National Laboratory 
(INL), maintain iridium capabilities at Oak Ridge National 
Laboratory, and maintain and operate the Pu-238 mission at Los 
Alamos. The conferees recognize the need to free up floor space 
in TA-55 for pit production, and direct the Department to 
develop a strategy to relocate expeditiously the mission for 
Pu-238 processing from Los Alamos to INL. The conferees provide 
an increase of $8,500,000 for INL to plan and build the 
capability to assume the Pu-238 mission, so there is no gap in 
capability during the mission transfer. The conferees direct 
the Department to provide a mid-year report by March 31, 2006, 
on the transfer strategy and associated costs.
      The conferees provide $14,395,000 for Medical Isotopes 
Infrastructure, and $500,000 for Enrichment Facility 
Infrastructure. The conferees provide no funding for the 
Medical Isotope Production and Building 3019 Complex Shutdown 
project. The conferees direct the Department to terminate 
promptly the Medical Isotope Production and Building 3019 
Complex Shutdown project. The responsibility for disposition of 
the U-233 is transferred to the Defense Environmental 
Management program per DOE's recommendation, and the conferees 
have provided funds in the Defense Environmental Management 
appropriation for disposition of the material stored in 
Building 3019.
      Idaho Facilities Management.--The conference agreement 
provides $113,862,000 for Idaho National Laboratory (INL) 
operations and infrastructure. Of this total, $82,600,000 is 
allotted to the 270 budget function and the balance, 
$31,262,000, is allotted to the 050 function and funded under 
Other Defense Activities and Naval Reactors. The conferees 
provide $102,907,000 for INL operations, $69,145,000 from 
function 270 Energy Supply, $17,762,000 from Other Defense 
Activities, and an increase of $13,500,000 from the Office of 
Naval Reactors to support the Idaho National Laboratory's 
Advanced Test Reactor (ATR) life extension program. The 
conferees also provide an additional $2,500,000 for the utility 
corridor extension project at the Idaho National Laboratory. 
The conferees provide $10,955,000 for Idaho facilities 
construction. This includes the requested amounts for the Gas 
Test Loop in the Advanced Test Reactor.
      Idaho Site-wide Safeguards and Security.--The conferees 
provide $75,008,000 for Idaho sitewide safeguards and security 
as an 050 Defense Activity under the Other Defense Activities 
account.
      Program Direction.--The conference agreement includes 
$61,109,000 for program direction. Of this amount, $30,006,000 
is funded in the Energy Supply appropriation under budget 
function 270, and $31,103,000 is funded in the Other Defense 
Activities appropriation under budget function 050.

                     ENVIRONMENT, SAFETY AND HEALTH

      The conference agreement provides $28,000,000 for non-
defense environment, safety and health activities. The 
conference agreement includes $20,900,000 for program 
direction, the same as the budget request.

                           LEGACY MANAGEMENT

      The conference agreement provides $33,522,000 for the 
Energy Supply-related activities of the Office of Legacy 
Management.

     CONGRESSIONALLY DIRECTED ENERGY SUPPLY & CONSERVATION PROJECTS
------------------------------------------------------------------------
                                                            Conference
          Sub-accounts                   Project         recommendations
------------------------------------------------------------------------
Biomass........................  Univ. of Georgia             $1,250,000
                                  Biomass Pyrolysis
                                  Biorefinery Project
                                  (GA).
                                 National Biofuel              2,000,000
                                  Energy Laboratory,
                                  NextEnergy Center
                                  (MI).
                                 Biomass Research              1,500,000
                                  Agricultural
                                  Development Ctr. (OH).
                                 Texas A&M; Renewable           1,000,000
                                  Energy Animal Waste
                                  Project (TX).
                                 Wood Debris Bioenergy         1,000,000
                                  Project (CO).
                                 Clarkson Univ. Dairy            250,000
                                  Waste Public/Private
                                  Partnership (NY).
                                 Madison County                1,000,000
                                  Landfill Gas to
                                  Energy Project (NY).
                                 Asphalt Roofing               1,000,000
                                  Shingles into Energy
                                  Project, Xenia (OH).
                                 Ohio State University         1,000,000
                                  4-H ``Green''
                                  Building Project (OH).
                                 University of Iowa              500,000
                                  National Ag-Based
                                  Industrial Program
                                  (IA).
                                 Solid Waste Authority         2,000,000
                                  Pyramid Resource
                                  Center (OH).
                                 City of Stamford Waste-       1,500,000
                                  to-Energy Project
                                  (CT).
                                 Iowa State Univ.                500,000
                                  Biomass Energy
                                  Conversion Project
                                  (IA).
                                 Louisiana State Univ.           500,000
                                  Sugar Base Ethanol
                                  (LA).
                                 Iroquois Bio-Energy           3,500,000
                                  Consortium Ethanol
                                  Project (IN).
                                 Biotech to Ethanol            1,000,000
                                  Project (CO).
                                 New York Biomass/             2,000,000
                                  Methane Gas Power
                                  Fuel Cell Project
                                  (NY).
                                 Western Massachusetts           500,000
                                  Biomass Project (MA).
                                 Greenville Composite            750,000
                                  Biomass Project (ME).
                                 Research Triangle             1,250,000
                                  Institute Biomass
                                  Project (NC).
                                 Chariton Biomass                750,000
                                  Project (IA).
                                 Laurentian Bio-Energy         1,250,000
                                  Project (MN).
                                 Kona Carbon Biomass           1,000,000
                                  Project (HI).
                                 Mississippi State            11,000,000
                                  University
                                  Sustainable Energy
                                  Center (MS).
                                 Missouri Biodiesel            1,000,000
                                  Demonstration Project
                                  (MO).
                                 Auburn Alternative            1,000,000
                                  Fuel Source Study of
                                  Cement Kilns (AL).
                                 Canola-based                  1,000,000
                                  Automotive Oil R&D;
                                  (PA).
                                 Center for Advanced             800,000
                                  Bio-based Binders
                                  (IA).
                                 Devel. of Applied               500,000
                                  Membrane Technology
                                  for Processing
                                  Ethanol from Biomass
                                  (DE).
                                 Univ. of N. Iowa                500,000
                                  National Ag-Based
                                  Industrial Lubriant
                                  Center (IA).
                                 Michigan Biotechnology        1,000,000
                                  Institute (MI).
                                 Washington State                500,000
                                  Ferries Biodiesel
                                  Demonstration Project
                                  (WA).
                                 Oxydiesel                       500,000
                                  demonstration project
                                  in California and
                                  Nevada (NV).
                                 LSU Biorefinery for             500,000
                                  Ethanol Chemicals,
                                  Animal Feed and
                                  Biomaterials (LA).
                                 Vermont Biomass Energy          500,000
                                  Resource Center (VT).
                                 UNLV Research                 3,000,000
                                  Foundation
                                  Development of
                                  Biofuels Utilizing
                                  Ionic Transfer
                                  Membranes (NV).
Building tech..................  Carnegie Mellion Univ.        1,000,000
                                  Advanced Building
                                  Testbed (PA).
                                 National Center on            4,000,000
                                  Energy Management &
                                  Building Tech. (NV).
                                 University of                   400,000
                                  Louisville
                                  Sustainable Buildings
                                  Project (KY).
Weath..........................  Office of                       600,000
                                  International Energy
                                  Market Development
                                  (WV).
Clean Cities...................  E-85 Ethanol Vehicle            500,000
                                  Refueling Expansion
                                  (multi state).
Int-Govt.......................  International Utility         3,500,000
                                  Electricity
                                  Partnership (IUEP).
Prog. Supp.....................  NREL virtual site             3,500,000
                                  office in Nevada (NV).
Geothermal.....................  Ohio Wesleyan Univ.             750,000
                                  Geothermal
                                  Demonstration Project
                                  (OH).
                                 Springfield Equestrian        1,500,000
                                  Center Energy
                                  Efficiency Project
                                  (OH).
                                 Lipscomb University             500,000
                                  Geothermal System
                                  (TN).
                                 Geothermal and                1,000,000
                                  Renewable Energy
                                  Laboratory of Nevada
                                  (NV).
Hydrogen.......................  University of South           2,000,000
                                  Carolina Fuel Cell
                                  Design Project (SC).
                                 Fuel Cell Freeze/Cold         1,000,000
                                  Start Program (CT).
                                 Center for Intelligent        1,500,000
                                  Fuel Cell Materials
                                  Design (multi-state).
                                 Hydrogen Fuel Cell            2,500,000
                                  Project Edison
                                  Materials Technology
                                  (OH).
                                 Indigenous Energy             1,000,000
                                  Development Center
                                  (PA).
                                 Delaware State                1,000,000
                                  University Center for
                                  Hydrogen Storage (DE).
                                 Florida Int'l Univ.           1,000,000
                                  Cntr for Energy &
                                  Tech. of the Americas
                                  (FL).
                                 City of Auburn Energy           900,000
                                  Production Issues at
                                  Wastewater Plant (NY).
                                 Hydrogen Fleet                2,000,000
                                  Infrastructure
                                  Demonstration Project
                                  (MI).
                                 Purdue Hydrogen               1,000,000
                                  Technologies Program
                                  (IN).
                                 Detroit Commuter              1,300,000
                                  Hydrogen Project (MI).
                                 City of Chicago               2,000,000
                                  Ethanol to Hydrogen
                                  Project (IL).
                                 California Hydrogen           1,000,000
                                  Storage and Systems
                                  Technologies (CA).
                                 Univ. of Arkansas at            400,000
                                  Little Rock Hydrogen
                                  Storage Project (AR).
                                 Univ. of Akron Fuel             500,000
                                  Cell Laboratory (OH).
                                 Kettering Univ. Fuel            500,000
                                  Cell Project (MI).
                                 Hydrogen Optical Fiber          500,000
                                  Sensors (CA).
                                 UNLV Research                 3,400,000
                                  Foundation solar-
                                  powered
                                  thermochemical prod.
                                  of hydrogen (NV).
                                 UNLV Research                 3,400,000
                                  Foundation hydrogen
                                  fuel cell & storage
                                  R&D; (NV).
                                 Montana Palladium             2,500,000
                                  Research Center (MT).
                                 Regional                      2,500,000
                                  Transportation
                                  Commission of Washoe
                                  Co. Hydrogen Fuel
                                  Cell Project (NV).
                                 U. of Arkansas Little           500,000
                                  Rock Nanotechnology
                                  Center production of
                                  Hydrogen (AR).
                                 UNLV Research                 3,400,000
                                  Foundation renewable
                                  hydrogen fueling
                                  station system,
                                  including development
                                  of high pressure
                                  electrolysis using
                                  photovoltaics (NV).
                                 UNLV Research                 2,500,000
                                  Foundation
                                  development of
                                  photoelectric
                                  chemical production
                                  of hydrogen (NV).
                                 Univ. of S.                     500,000
                                  Mississippi's School
                                  of Polymers and High
                                  Performance Materials
                                  Improved Materials
                                  for Fuel Cell
                                  Membranes Program
                                  (MS).
                                 Univ. of Nevada-Reno          3,000,000
                                  Photoelectrochemical
                                  generation of
                                  hydrogen by solid
                                  nanoporous titanium
                                  dioxide project (NV).
                                 California Hydrogen             400,000
                                  Infrastructure
                                  Project (CA).
                                 Southern Nevada                 500,000
                                  Alternative Fuels
                                  Demonstration Project
                                  (NV).
                                 Hydrogen Mine Loader            250,000
                                  Project (CO).
Solar Energy...................  Rensselaer Polytechnic          750,000
                                  Inst. Syracuse Univ.
                                  ``Green Building''
                                  (NY).
                                 Crowder College               1,000,000
                                  Alternative Renewable
                                  Energy Center (MO).
                                 Univ. of Arkansas               500,000
                                  Research in Solar
                                  Energy Field (AK).
                                 Oregon Nanoscience and        1,500,000
                                  Microtechnologies
                                  Institute (OR).
                                 Conductive Coating            1,500,000
                                  Solar Cell Research
                                  Project (MA).
                                 Ultra Thin Film Photo         1,000,000
                                  Voltaic Charging
                                  System (FL).
                                 Brightfield Solar               700,000
                                  Energy (MA).
                                 National Orange                 450,000
                                  Photovoltaic
                                  Demonstration (CA).
                                 Sandia National Lab.          1,000,000
                                  Development of
                                  advanced cells and
                                  modules (NM).
                                 Sandia National Lab.          3,500,000
                                  Megawatt
                                  demonstration
                                  concentrating solar
                                  project (NM).
                                 UNLV Research                 2,500,000
                                  Foundation for
                                  photonics research,
                                  including evaluation
                                  of advanced fiber
                                  optics for hybrid
                                  solar lighting (NV).
Vehicle Tech...................  Phase II Heavy Vehicle        3,000,000
                                  Hybrid Propulsion
                                  (WI).
                                 High Temperature              1,000,000
                                  Material Laboratory
                                  (TN).
                                 Turbocharger Diesel           4,000,000
                                  Engine R&D; (multi-
                                  state).
                                 National Hybrid Truck         2,000,000
                                  Manufacturing Program
                                  (CA).
                                 Vehicle Test Strip            1,500,000
                                  Equipment
                                  Demonstration (NC).
                                 Oak Ridge National Lab       10,000,000
                                  highway
                                  transportation
                                  technologies (TN).
                                 Mississippi State             4,000,000
                                  University CAVS
                                  Center (MS).
                                 VULCAN Beam Line (TN).        2,000,000
                                 Transportable                 1,500,000
                                  Emissions Testing
                                  Laboratory.
Wind Energy....................  Mt. Wachusett                 1,000,000
                                  Community College
                                  Wind Project (MA).
                                 Wyandotte Wind Energy         1,000,000
                                  on Brownfields
                                  Initiative (MI).
                                 Illinois State                1,000,000
                                  University Wind
                                  Energy Resources (IL).
                                 Texas Tech. Univ.               500,000
                                  Great Plains Wind
                                  Power Facility (TX).
                                 Brigham City Turbine            500,000
                                  (UT).
                                 TowerPower Wind                 750,000
                                  Project (MD).
                                 White Earth Tribal            1,000,000
                                  Nation Wind Project
                                  (MN).
                                 Coastal Ohio Wind             1,000,000
                                  Project (OH).
                                 Randall's and Ward's          1,000,000
                                  Island Wind Project
                                  (NY).
                                 Brigham City, UT Wind           500,000
                                  Energy Project (UT).
                                 Alaska Wind Energy            1,500,000
                                  (AK).
                                 Renewable Energy for            500,000
                                  Rural Economic
                                  Development Program
                                  (UT).
                                 Synchronous Wind                500,000
                                  Turbines (ID).
                                 Texas Tech. Great             1,000,000
                                  Plains Wind Power
                                  Test Facility (TX).
                                 North Dakota Hydrogen           500,000
                                  Wind Pilot Project
                                  (ND).
                                 Fox Ridge Renewable             500,000
                                  Energy Education
                                  Center (SD).
                                 PowerJet Wind Turbine           250,000
                                  Project (NV).
OE.............................  Iowa Stored Energy            1,500,000
                                  Plant Project (IA).
                                 University of                 1,000,000
                                  Louisville Electric
                                  Grid Monitoring (KY).
                                 Gonzaga University              800,000
                                  electric utility
                                  transformation
                                  program (WA).
                                 Emerson Network Power,        2,000,000
                                  Columbus Ohio (OH).
                                 Energy Security and           1,000,000
                                  diversification at
                                  Savannah River
                                  National Lab (SC).
                                 City of Nome power            1,000,000
                                  generation
                                  replacement project
                                  (AK).
                                 Gridwise Northwest            1,500,000
                                  Demonstration Project
                                  (WA).
                                 Juneau-Green Creek-           1,000,000
                                  Hoonah intertie for
                                  Juneau area power
                                  system (AK).
                                 Complete of bi-polar          1,500,000
                                  wafer cell Ni-MH
                                  electric energy
                                  storage system (CT).
                                 Connecticut Demand            1,000,000
                                  Response Technologies
                                  Project (CT).
                                 Notre Dame University         1,500,000
                                  Ionic Liquids
                                  Research
                                  collaboration (IN).
                                 Advanced Grid                 2,000,000
                                  Application
                                  Consortium (PA).
                                 Pilot Energy Cost             2,000,000
                                  Control Evaluation
                                  Project at NETL (WV).
                                 Green Island Power            1,000,000
                                  Authority, Advanced
                                  Transmission Project
                                  (NY).
                                 Cleveland State Ctr.          1,000,000
                                  for Research in
                                  Electric and
                                  Aerospace Tech. (OH).
                                 Advanced Energy               1,000,000
                                  Storage, PCRT(MA).
                                 Tennessee Tech. Univ.         1,000,000
                                  Optimization of High
                                  Voltage lines (TN).
                                 Advanced Technology           1,000,000
                                  Center (IL).
                                 Continued Development         2,500,000
                                  of an energy
                                  information training
                                  facility at Camp
                                  Dawson (WV).
                                 West Virginia Univ.           1,000,000
                                  Integrated control of
                                  next generation power
                                  systems project (WV).
                                 Deployment testing and        2,500,000
                                  analysis of advanced
                                  energy storage
                                  systems for
                                  telecommunications
                                  applications in
                                  Kansas (KS).
                                 Hawaii/New Mexico             3,000,000
                                  Sustainable Energy
                                  Security Partnership
                                  (HI/NM).
                                 Navajo Electrification        1,000,000
                                  Project (NM).
                                 Load Control System           2,000,000
                                  Reliability (MT).
                                 University of Missouri-       1,000,000
                                  Rolla for electric
                                  grid modernization
                                  (MO).
                                 Integrated                      800,000
                                  Distribution
                                  Management Systems in
                                  Alabama (AL).
                                 Houston Advanced                250,000
                                  Research Center for
                                  Second generation
                                  dish temperature
                                  super conductor
                                  devekopment (TX).
Nuclear Energy.................  Transfer of Nuclear           3,000,000
                                  Safety Technologies
                                  in Lithuania.
                                 Utility Corridor              2,500,000
                                  Extension Project at
                                  the Idaho National
                                  Lab (ID).
                                 UNLV Research                 5,000,000
                                  Foundation 5-year
                                  cooperative agreement
                                  to study deep burn-up
                                  of nuclear fuel and
                                  other fuel cycle
                                  research to eliminate
                                  the need for multiple
                                  spent nuclear fuel
                                  repositories, to
                                  eliminate weapons
                                  useable materials
                                  from disposed spent
                                  fuel, and to maintain
                                  forever potential
                                  radiological releases
                                  from a repository
                                  below currently
                                  legislated limits
                                  (NV).
                                 Idaho Accelerator             2,000,000
                                  Center (ID).
                                 Nuclear Energy                3,500,000
                                  Materials Test
                                  Station at Los Alamos
                                  Neutron Science
                                  Center (NM).
                                 University of Nevada          1,000,000
                                  Reno Center for
                                  Materials Reliability
                                  (NV).
                                 Univ. of Nevada Reno            750,000
                                  Nuclear
                                  Transportation Hazard
                                  Research (NV).
------------------------------------------------------------------------

                         CLEAN COAL TECHNOLOGY

                       (DEFERRAL AND RESCISSION)

      The conference agreement provides for the deferral of 
$257,000,000 in clean coal technology funding until fiscal year 
2007. These balances are no longer needed to complete active 
projects in this program. These funds are to be used for costs 
associated with the FutureGen program in fiscal year 2007 and 
beyond, to develop a coal-fired, nearly emissions-free 
electricity and hydrogen generation plant. The conference 
agreement rescinds $20,000,000 of prior year uncommitted 
balances from excess contingency estimates in demonstration 
projects. This rescission was misapplied to Fossil Energy 
Research and Development in both the House and Senate reports, 
and is now correctly applied to Clean Coal Technology.

                 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

      The conference agreement provides $597,994,000 for fossil 
energy research and development. Bill language is included 
providing that Federal employees in fiscal year 2006 performing 
research and development activities at the National Energy 
Technology Laboratory can be funded from program accounts. The 
conferees direct the Department to budget for the salaries and 
expenses of federal employees in program direction accounts, 
and the fiscal year 2007 budget request should reflect this 
adjustment.
      Clean coal power initiative.--The conference agreement 
provides $50,000,000, the amount of the budget request for the 
Clean Coal Power Initiative (CCPI). The $50,000,000 request 
from the Administration in fiscal year 2006 is woefully short 
of the $200,000,000 commitment made by the Administration. The 
conferees direct the Administration to fulfill the commitments 
made to CCPI. Funds remaining from the termination of the low 
emission boiler project are to be transferred to the Clean Coal 
Power Initiative.
      FutureGen.--The conference agreement provides 
$18,000,000, the amount of the request for FutureGen. The 
conferees understand and recognize the value of the FutureGen 
project. However, the conferees are concerned about maintaining 
adequate funding for the core fossil energy research, 
development, and demonstration programs, especially with the 
new programmatic demands of the Energy Policy Act of 2005. The 
conferees will continue to give full consideration to the 
FutureGen project, contingent upon the Administration 
maintaining adequate funding requests for other related fossil 
energy programs.
      Fuels and Power Systems.--The conference agreement 
provides a total of $311,998,000 for Fuels and Power Systems. 
Within the funds provided, the conferees provide $25,400,000 
for innovations at existing plants; $56,450,000 for advanced 
Integrated Gas Combined Cycle; $18,000,000 for advanced 
turbines; $67,000,000 for carbon sequestration (including 
$6,000,000 for Center for Zero Emissions Research and 
Technology of which $1,500,000 is for the Los Alamos National 
Laboratory); $29,000,000 for fuels; $62,000,000 for fuel cells 
including $8,000,000 for high temperature electrochemistry; and 
$53,154,000 for advanced research. The conferees provide 
$4,000,000, the amount of the budget request, for the Focus 
Area for the Computational Energy Science. The conferees 
provide $994,000 for the U.S./China Energy and Environmental 
Center. The conferees direct that any hydrogen research and 
development funded under Fossil Energy be focused on fossil 
fuels research and development. The conferees are aware of the 
work conducted by C1Chemistry, and encourage the Department to 
consider proposals for additional research by the consortium.
      Natural Gas Technologies.--The conference agreement 
provides $33,000,000 for natural gas technologies, an increase 
of $23,000,000 over the budget request. The conferees provide 
$9,000,000 for advanced drilling, completion and stimulation, 
including Deep Trek; $4,000,000 to continue work aimed at 
expanding the recoverability of natural gas from low-
permeability formations; $2,000,000 for stripper wells and 
technology transfer; $1,000,000 to improve the reliability and 
efficiency of gas storage systems; and $2,000,000 for liquid 
natural gas technologies. Within the funds provided, the 
conference agreement includes $12,000,000 for gas hydrates, and 
$3,000,000 to continue research to develop treatment 
technologies that will allow water from conventional gas wells 
or coal bed methane wells to be put to beneficial use or to be 
safely discharged to the surface.
      Petroleum-Oil Technologies.--The conference agreement 
provides $32,000,000 for petroleum-oil technologies, an 
increase of $22,000,000 over the budget request. The conferees 
provide $4,000,000 for enhancing utilization of industrial 
carbon dioxide; $4,000,000 for drilling and completion 
enhancements that support microhole exploration; $4,000,000 for 
reservoir imaging; $3,000,000 for improved gas flooding 
recovery methods; $6,000,000 reservoir life extension; 
$10,000,000 for environmental protection; and, $1,000,000 for 
the Interstate Oil and Gas Compact Commission.
      Program Direction.--The conference agreement includes 
$106,941,000, an increase of $8,000,000 above the budget 
request, for the National Energy Technology Laboratory to 
maintain the personnel that otherwise would have been lost as 
the result of the proposed gas and petroleum-oil program 
reductions in the budget request.
      Plant and Capital Equipment.--The conference agreement 
includes $20,000,000 for plant and capital equipment, an 
increase of $20,000,000 above the budget request. Within these 
funds, $18,000,000 is for the infrastructure improvement 
program at the National Energy Technology Laboratory and 
$2,000,000 is for general plant projects.
      Other programs.--The conference agreement includes 
$9,600,000 for fossil energy environmental restoration; 
$1,799,000 for import/export authorization; $8,000,000 for 
advanced metallurgical research; $656,000 for special 
recruitment programs; and $6,000,000 for the Energy and 
Environmental Research Center under cooperative research and 
development.
      Prior year balances.--The conference agreement recommends 
no reduction in prior year balances, instead of the $20,000,000 
reduction as proposed by the House and by the Senate.
      Congressionally Directed Projects.--The conferees' 
recommendation includes the following Congressionally directed 
projects, within available funds. The conferees remind 
recipients that statutory cost sharing requirements may apply 
to these projects.

             CONGRESSIONALLY DIRECTED FUELS & POWER PROJECTS
------------------------------------------------------------------------
                                                            Conference
            Accounts                     Project          recommendation
------------------------------------------------------------------------
Fuels & Power..................  Ramgen engine                $2,500,000
                                  development (multi
                                  state).
                                 MW-Scale oxide fuel           2,500,000
                                  cell gas turbine
                                  hybrid system (multi
                                  state).
                                 MW-Scale Solid oxide          3,000,000
                                  fuel cell stat. power
                                  generation (OH).
                                 Jupiter Oxy Fuel Tech         7,800,000
                                  (multi state).
                                 Solid oxide fuel cell         1,000,000
                                  tech. Stat power
                                  applications project
                                  (NC).
                                 Powerspan Electro             1,000,000
                                  Catalytic Oxidation
                                  project (OH).
                                 New York City Parks           1,000,000
                                  Randall's Island (NY).
                                 Center for Advanced           1,000,000
                                  Separation
                                  Technologies (VA).
                                 Power Plant Flue Gas          2,200,000
                                  Cleaning/Poll
                                  Elimination project
                                  (VA).
                                 GEDAC packaged Gas            2,200,000
                                  Engine-Driven Heat
                                  Pump (multi state).
                                 Planar Solid Oxide Fuel       1,500,000
                                  Cell Project (CA).
                                 Advanced Metallurgical        1,300,000
                                  Process, Albany
                                  Research Center (OR).
                                 Energy and                    1,000,000
                                  Environmental Research
                                  Center (EERC) (ND).
                                 Development of                  700,000
                                  continuous solvent
                                  extraction processes
                                  for coal derived
                                  carbon products (WV).
                                 West Virginia Univ.             500,000
                                  study of long-term
                                  environmental and
                                  economic impacts of
                                  the development of
                                  coal liquefaction in
                                  China (WV).
                                 WVU Lightweight                 500,000
                                  composite materials
                                  for heavy duty
                                  vehicles program (WV).
                                 Coal to Liquids               2,000,000
                                  Program--Phase II (MT).
                                 Utah Center for Ultra-        1,900,000
                                  Clean Coal Utilization
                                  (UT).
                                 Coal-Waste Slurry               500,000
                                  Reburn Project (PA).
                                 Univ. of Wyoming Multi-       1,500,000
                                  Disciplinary Coal-bed
                                  Natural Gas Research
                                  Center (WY).
                                 National Center for           2,500,000
                                  Hydrogen Technology
                                  (ND).
                                 ITM/Syngas Project (PA)       2,000,000
                                 Solid Oxide Fuels Cells       4,000,000
                                  (PA).
                                 National Biofuel Energy       2,000,000
                                  Laboratory (MI).
                                 Arctic Energy Office          7,000,000
                                  (AK).
                                 Risk Base Data                  400,000
                                  Management System (AK).
                                 Utah Center for Heavy         1,500,000
                                  Oil Research (UT).
                                 University of                 1,000,000
                                  Mississippi hydrates
                                  research (MS).
------------------------------------------------------------------------

                 NAVAL PETROLEUM AND OIL SHALE RESERVES

      The conference agreement provides $21,500,000, the same 
as the Senate, and an increase of $3,000,000 over the House, to 
support the activities under the Naval Petroleum Reserve (NPR) 
Colorado, Utah, and Wyoming program.
      Reporting requirements.--Within available funds, the 
conferees direct the Department to conduct a study on the 
environmental liabilities at the Rocky Mountain Oilfield 
Testing Center (RMOTC) in Wyoming. The study should include 
field work to determine the scope of the contamination and the 
life cycle cost to remediate the site. The report is due to the 
House and Senate Committees on Appropriations by May 1, 2006.

                      ELK HILLS SCHOOL LANDS FUND

      The conferees provide $48,000,000, the same as the budget 
request, for the Elk Hills School Lands Fund. Combined with the 
fiscal year 2005 advance appropriation of $36,000,000, this 
will make available a total of $84,000,000 in fiscal year 2006, 
as proposed by both the House and the Senate.

                      STRATEGIC PETROLEUM RESERVE

      The conference agreement provides $166,000,000, for the 
strategic petroleum reserve as proposed by both the House and 
the Senate. The conferees recognize the Department will be 
conducting a site selection process for the expansion of the 
strategic petroleum reserve as provided in the Energy Policy 
Act of 2005.

                   NORTHEAST HOME HEATING OIL RESERVE

      The conference agreement provides no new funding, 
consistent with the budget request, for the Northeast Home 
Heating Oil reserve, because the Department has confirmed that 
sufficient carryover balances exist.

                   ENERGY INFORMATION ADMINISTRATION

      The conference agreement provides $86,176,000, $250,000 
above the request, for the Energy Information Administration. 
The increase above the request is to fund increased 
requirements for cybersecurity measures to safeguard computer 
systems and data integrity.

                   Non-Defense Environmental Cleanup

      The conference agreement provides $353,219,000 for Non-
Defense Environmental Cleanup, an increase of $3,285,000 over 
the budget request. This increase is for the East Tennessee 
Technology Park at Oak Ridge National Laboratory.
      Milestone report.--While the budget structure has 
changed, the conferees remain interested in whether the 
Department has met its goals for completion for years 2006, 
2012, and 2035. The conferees request a report by site that 
tracks accelerated clean-up milestones, whether they are being 
met or not, and includes annual budget estimates and life-cycle 
costs, due to the House and Senate Committees on Appropriations 
by March 1 and September 1 of each year.
      Reprogramming Authority.--The conferees continue to 
support the need for flexibility to meet changing funding 
requirements at sites. In fiscal year 2006, the Department may 
transfer up to $2,000,000 within accounts, and between 
accounts, to reduce health or safety risks or to gain cost 
savings as long as no program or project is increased or 
decreased by more than $2,000,000 once during the fiscal year. 
The account control points for reprogramming are the Fast Flux 
Test Reactor Facility, West Valley Demonstration Project, 
Gaseous Diffusion Plants, Small Sites, and construction line-
items. This reprogramming authority may not be used to initiate 
new programs or to change the funding levels for programs 
specifically denied, limited, or increased by Congress in the 
Act or statement. The Committees on Appropriations in the House 
and Senate must be notified within thirty days of the use of 
this reprogramming authority.

      Uranium Enrichment Decontamination and Decommissioning Fund

      The conference agreement provides $562,228,000 for 
activities funded from the Uranium Enrichment Decontamination 
and Decommissioning (UED&D;) Fund. This amount includes 
$542,228,000 for decontamination and decommissioning activities 
at the gaseous diffusion plants and $20,000,000 for Title X 
uranium and thorium reimbursements. For the decontamination and 
decommissioning of the gaseous diffusion plants, the conferees 
provide $192,157,000 for Portsmouth, Ohio; $105,000,000 for 
Paducah, Kentucky; and $245,071,000 for East Tennessee 
Technology Park in Oak Ridge.
      The conferees direct the Government Accountability Office 
(GAO) to investigate the contamination of phosgene at the 
gaseous diffusion plants.

                                Science

      The conference agreement provides $3,632,718,000, instead 
of $3,666,055,000 as proposed by the House and $3,702,718,000 
as proposed by the Senate. Specific funding allocations and 
earmarks proposed by the House and Senate are superceded by the 
allocations and earmarks listed in this joint explanatory 
statement.
      High Energy Physics.--The conference agreement provides 
$723,933,000 for high energy physics research. The control 
level is at the High Energy Physics level. An additional 
$10,000,000 is provided for research on the international 
linear collider and for upgrades to the neutrino research 
program. The conferees support the DOE/NASA Joint Dark Energy 
Mission (JDEM) and encourage the Department to move JDEM 
forward aggressively to accomplish this important research.
      Nuclear Physics.--The conference agreement provides 
$370,741,000 for nuclear physics research, including $2,000,000 
of construction funds for project engineering and design of the 
electron beam ion source at Brookhaven National Laboratory 
(project 06-SC-02). The conferees support the Rare Isotope 
Accelerator (RIA) but are concerned that the Department does 
not seem to be making tangible progress toward realization of 
RIA. The conferees reiterate the reporting requirement, as 
outlined in Senate Report 109-84, for the Department to define 
a specific path forward on RIA. The conferees also recognize 
the importance of the 12 GeV upgrade of the Continuous Electron 
Beam Accelerator Facility at the Thomas Jefferson National 
Accelerator Facility and support initiation of project 
engineering and design within available funds.
      Biological and Environmental Research.--The conference 
agreement includes $585,688,000 for biological and 
environmental research, an increase of $130,000,000 over the 
budget request. This increase is provided to fund 
Congressionally-directed projects as listed in the table below. 
Within available funds, the conferees direct the Department to 
provide an additional $3,500,000 for upgrades to 
instrumentation at the Environmental Molecular Sciences 
Laboratory (EMSL). The conferees support the development of the 
proposed Genomes to Life (GTL) facilities, and encourage the 
Department to budget for the first of these GTL facilities, for 
the production and characterization of proteins and molecular 
tags, in fiscal year 2007. The conferees encourage the 
Department to reduce the cost of the GTL facilities to 
accelerate deployment of all four proposed GTL centers. Due to 
the nature of this research, there is a need for all of the 
facilities to be deployed to meet the scientific challenge of 
molecular characterization. The conferees recommend that the 
Department conduct an open competition for the siting of these 
GTL facilities.

           Congressionally Directed Office of Science Projects

                                               Conference recommendation
        Project
BER  Univ. of Alabama Dept. of Neurobiology to purchase a FMRI 
    (AL)......................................................  $300,000
BER  Baylor University Lake Whitney Assessment (TX)...........   500,000
BER  SUNY IT Nano-Bio-Molecular Technical Incubator (NY)......   750,000
BER  San Antonio Cancer Center (TX)...........................   500,000
BER  University of South Alabama Cancer Research Institute 
    (AL)......................................................   500,000
BER  Indiana Wesleyan University Marion for a registered 
    nursing program (IN)......................................   500,000
BER  Virginia Commonwealth University Massey Cancer Center 
    (VA)...................................................... 1,000,000
BER  Construction of new science facility at Bethel College 
    (IN)......................................................   300,000
BER  University of Wyoming Coalbed Methane research center 
    (WY)......................................................   500,000
BER  Hampton University Cancer Treatment Center (VA)..........   500,000
BER  George Mason University research against Biological 
    Agents (VA)............................................... 1,000,000
BER  Lehigh University Critical Infrastructure Lab. (PA)......   400,000
BER  St. Thomas University Minority Science center (FL).......   400,000
BER  Seton Hall Science/Tech Center (NJ)......................   500,000
BER  Alvernia College for a Science and Health Building (PA)..   500,000
BER  Institute for Advanced Learning Research Dansville (VA)..   400,000
BER  Galileo Magnet High School Danville (VA).................   100,000
BER  Washington & Jefferson science initiative (PA)...........   400,000
BER  Science building at Waubonsee Community College (IL)..... 2,000,000
BER  AVETeC data mamt.electronics and comm. NextEdge Tech.Park 
    (OH)...................................................... 3,000,000
BER  Duchenne Muscular Dystrophy research Univ. of Washington 
    School of Med. (WA).......................................   300,000
BER  Duchenne Muscular Dystrophy research Children's National 
    Medical Ctr. (DC).........................................   300,000
BER  Ohio State University for Earth University (OH)..........   300,000
BER  Northeast Regional Cancer Institute (PA).................   300,000
BER  Centenary College laboratory (NJ)........................   500,000
BER  Construction of Science Center at Midwestern Univ. (IL)..   300,000
BER  Univ. of Oklahoma Center Applications Single-Walled 
    Nanotubes (OK)............................................ 1,000,000
BER  University of Connecticut live cell molecular imaging 
    (CT)......................................................   300,000
BER  University of Central Florida for optics tech in X-Ray 
    (FL)......................................................   700,000
BER  North Shore-Long Island Jewish Health System Breast 
    Cancer Research (NY)......................................   500,000
BER  Michigan Research Institute Life Science Research Center 
    (MI)...................................................... 1,350,000
BER  Univ. of Arizona Environmental and Natural Resources 
    Phase II (AZ)............................................. 1,000,000
BER  Children's Hospital of Illinois (IL).....................   500,000
BER  Research Equipment Coe College (IA)......................   300,000
BER  Loma Linda University Medical Center (CA)................ 2,000,000
BER  Triology Linear Accelerator at Owensboro Medical Health 
    System (KY)...............................................   300,000
BER  Burpee Museum of Natural History (IL)....................   500,000
BER  Rockford Health Council (IL).............................   700,000
BER  Henry Mayo Hospital to purchase new equipment (CA).......   400,000
BER  Washington State University Radio Chemistry (WA).........   300,000
BER  Lapeer Regional Medical Center linear accelerator (MI)...   300,000
BER  University of Nebraska at Kearney (NE)...................   400,000
BER  Science Media program at Ball State University (IN)......   400,000
BER  Franklin and Marshall life science building (PA).........   500,000
BER  Boulder City Hospital (NV)...............................   300,000
BER  Grady Health system disaster preparedness center project 
    (GA)......................................................   300,000
BER  Great Lakes Science Center (OH)..........................   750,000
BER  Cleveland Clinic Brain Mapping (OH)...................... 1,000,000
BER  Roswell Park Cancer Center (NY)..........................   500,000
BER  St. Marys Cancer Center Long Beach (CA)..................   500,000
BER  National Polymer Center at the University of Akron (OH)..   500,000
BER  Biological and Environmental Center at Mystic Aquarium 
    (CT)......................................................   500,000
BER  Riverview Medical Center oncology program (NJ)...........   300,000
BER  Saratoga Hospital Radiation Therapy Center (NY)..........   750,000
BER  State University of New York-Delhi (NY)..................   750,000
BER  Kern Medical Center to purchase and install MRI machine 
    (CA)...................................................... 1,000,000
BER  Western Michigan University Geosciences Initiative (MI)..   100,000
BER  Environmental System Center at Syracuse University (NY)..   700,000
BER  SUNY-ESF Woody Biomass Project (NY)......................   700,000
BER  ORNL Supercomputer Connectivity NextEdge Technology Park 
    (TN)......................................................   900,000
BER  Oliveit Nazarene University Science Lab (IL).............   300,000
BER  Northern Virginia Comm. College training biotechnology 
    workers (VA)..............................................   500,000
BER  Recording for the Blind and Dyslexic (FL)................   500,000
BER  Eckerd College Science Center (FL).......................   500,000
BER  Notre Dame Ecological Genomics Research Institute (IN)... 1,750,000
BER  Inland Water Environmental Institute (ID,WA,UT).......... 1,000,000
BER  St. Francis Science Center (IN)..........................   250,000
BER  Medical Research and Robotics, University of Southern 
    California (CA)........................................... 1,000,000
BER  Hampshire College National Center for Science Education 
    (MA)......................................................   500,000
BER  Pioneer Valley Life Science Initiative Univ. of 
    Massachusetts (MA)........................................   750,000
BER  MidAmerica Nazarene Univ. nursing biological science 
    program (KS)..............................................   750,000
BER  Westminster College Science Center (UT)..................   750,000
BER  City College of San Francisco-Health Related Equipment 
    (CA)......................................................   750,000
BER  Science South Development (SC)........................... 1,000,000
BER  St. Joseph Science Center (PA)...........................   750,000
BER  University North Carolina Biomedical Imaging (NC)........   750,000
BER  Augsburg College (MN).................................... 1,000,000
BER  Morehouse School of Medicine (GA)........................ 1,000,000
BER  Jersey City Medical Center (NJ).......................... 1,000,000
BER  University of Rochester James P. Wilmot Cancer Center 
    (NY)...................................................... 1,000,000
BER  Bronx Community College Center for Sustainable Energy 
    (NY)...................................................... 1,000,000
BER  Texas A&M; Lake Granbury and Bosque River Assesment (TX)..   500,000
BER  Methodist College Environmental Simulation Research (NC).   500,000
BER  Brooklyn College Microscope and Imaging Center (NY)......   750,000
BER  Warner Robins Air Logistics Center (GA)..................   750,000
BER  University of Chicago Comer Children's Hospital (IL)..... 1,000,000
BER  Martha's Vineyard Hospital (MA)..........................   750,000
BER  Joint environmental stewardship at SUNY New Paltz and 
    Ulster CC (NY)............................................   750,000
BER  Central Arkansas Radiation Therapy Institute/Mountain 
    Home (AR).................................................   500,000
BER  Children's Hospital of Los Angles (CA)...................   750,000
BER  Wake Forest University Institute for Regenerative 
    Medicine (NC).............................................   750,000
BER  Indianapolis Energy Conversion Institute (IN)............ 1,000,000
BER  Philadelphia Educational Advancement Alliance (PA).......   450,000
BER  Barry University-Miami Shores (FL).......................   300,000
BER  Montgomery College Biotechnology Project (MD)............   500,000
BER  Purdue Calument Water Institute (IN).....................   500,000
BER  University of Chicago Integrated Bioengineering Institute 
    (IL)......................................................   750,000
BER  Mind Institute in New Mexico (NM)........................11,000,000
BER  Mississippi State University Bio-fuel Application (MS)... 1,000,000
BER  University of Louisville Institute for Advanced Materials 
    (KY)...................................................... 1,500,000
BER  Center for River Dynamics and Restoration at Utah State 
    University (UT)...........................................   400,000
BER  Texas Metroplex Comprehensive Imaging Center (TX)........ 2,500,000
BER  Ultra Dense Memory Storage for Supercomputing in Colorado 
    (CO)...................................................... 1,000,000
BER  Health Sciences Research and Education Facility (MO)..... 1,500,000
BER  National Center for Regenerative Medicine (OH)........... 1,500,000
BER  U. of Alabama at Birmingham-Radiation Oncology Functional 
    Imaging Program (AL)...................................... 1,000,000
BER  University City Science Park, Philadelphia (PA).......... 1,500,000
BER  Jackson State University Bioengineering Complex (MS)..... 2,000,000
BER  Regis University Science Building Renovation Project (CO)   800,000
BER  St. Jude's Children's Research Hospital (TN).............   500,000
BER  California Hospital Medical Center PET/CT Fusion Imaging 
    System (CA)...............................................   500,000
BER  Mount Sinai Medical Center Imaging and Surgical Equipment 
    (FL)...................................................... 1,000,000
BER  Benedictine University Science Lab & Research Equipment 
    (IL)......................................................   350,000
BER  Swedish American Health Systems (IL).....................   350,000
BER  La Rabida Children's Hospital, Chicago (IL)..............   350,000
BER  Edward Hospital, Plainfield, IL (IL).....................   500,000
BER  Rush Medical Center (IL).................................   250,000
BER  Morgan State University Center for Environmental 
    Toxicology (MD)...........................................   800,000
BER  Mt. Sinai Hospital Cardiac Catherization Lab (MD)........   350,000
BER  U. of Mass. at Boston Multi-Disciplinary Research 
    Facility & Library (MA)...................................   500,000
BER  CIBS Solar Cell Development (NE).........................   400,000
BER  University Medical Center of S. Nevada Radiology/Oncology 
    Equip. (NV)............................................... 1,000,000
BER  Pyramid Lake Paiute Tribe Energy Project (NV)............   250,000
BER  University of Delaware Medical Research Facility (DE)....   550,000
BER  St. Francis Hospital, Delaware Linear Accelerator (DE)...   500,000
BER  Wastewater Pollution and Incinerator Plant in Auburn, NY 
    (NY)......................................................   250,000
BER  South Nassau Hospital Green Building (NY)................ 1,500,000
BER  ViaHealth/Rochester General Hospital Emergency Department 
    (NY)......................................................   400,000
BER  University of Vermont Functional MRI Research (VT).......   400,000
BER  Vermont Institute of Natural Sciences (VT)............... 1,000,000
BER  Castleton State College Math and Science Center (VT)..... 2,000,000
BER  Nevada Cancer Institute (NV)............................. 1,000,000
BER  Queen's Medical Center Telemedicine Project (HI).........   500,000
BER  Michigan Technological University Fuel Cell Research (MI)   500,000
BER  St. Francis Hospital Escanaba, Michigan (MI).............   250,000
BER  Sarcoma Alliance for Research through Collaboration (MI).   250,000
BER  Hackensack University Medical Center Green Building (NJ). 1,000,000
BER  Hackensack U. Medical Center Ambulatory Adult Cancer 
    Center (NJ)...............................................   250,000
BER  College of New Jersey Genomic Analysis Facility (NJ).....   250,000
BER  W. Michigan U. Expanded Energy & Natural Resources 
    Learning Ctr (MI).........................................   500,000
BER  Arnold Palmer Prostate Center (CA).......................   500,000
BER  LA Immersive Tech. Enterprise program at the U. of LA-
    Lafayette (LA)............................................   400,000
BER  Brown University MRI Scanner (RI)........................ 1,000,000
BER  University of Dubuque Environmental Science Center (IA)..   700,000
BER  New School University in New York City (NY)..............   500,000
BER  Oregon Nanoscience and Microbiologies Institute (OR).....   400,000
BER  GeoHeat Center at the Oregon Renewable Energy Center (OR)   500,000
BER  Portland Center Stage Armory Theater Energy Conservation 
    Project (OR)..............................................   500,000
BER  U. of Massachusetts Medical School NMR Spectrophotometer 
    (MA)......................................................   250,000
BER  Mojave Bird Study (NV)...................................   250,000
BER  Minnesota Center for Renewable Energy....................   500,000
BER  Science Center at Malby Nature Preserve in Minnesota (MN)   250,000
BER  Existing Business Enhancement Program Building, U. of N. 
    Iowa (IA)................................................. 1,000,000
BER  Medical University of South Carolina (SC)................   500,000
BER  Community College of Southern Nevada Transportation 
    Academy (NV)..............................................   500,000
BER  South Dakota State University (SD)....................... 1,000,000
BER  Univ. of Arkansas Cancer Research Center (AR)............ 1,000,000
BES  Altair Nanotech (NV)..................................... 2,500,000
MM  UCLA Institute for Molecular Medicine (CA)................ 7,000,000
MM  New York Structural Biology Center (NY)...................   750,000
BER  University of North Dakota Center for Biomass Utilization 
    (ND)...................................................... 1,000,000
BER  St. Joseph College, West Hartford alternative sources of 
    energy dem.project (CT)...................................   500,000
BER  Portland State University's Solar Photovoltaic Test 
    Facility System (OR)......................................   150,000
BER  Brockton Photovoltaic Initiative (MA)....................   100,000

      Basic Energy Sciences.--The conferees provide 
$1,146,017,000 for basic energy sciences, the same as the 
budget request. The conference agreement includes $746,143,000 
for materials sciences and engineering research, and 
$221,801,000 for chemical sciences, geosciences, and energy 
biosciences. All basic energy science construction projects are 
funded at the request level: $41,744,000 for the Spallation 
Neutron Source (99-E-334) at Oak Ridge National Laboratory; 
$2,544,000 for Title I and Title II design work (03-SC-002) and 
$83,000,000 to initiate construction (05-R-320) for the Linac 
Coherent Light Source at the Stanford Linear Accelerator 
Center; $36,553,000 for the Center for Functional Nanomaterials 
(05-R-321) at Brookhaven National Laboratory; $9,606,000 for 
the Molecular Foundry (04-R-313) at Lawrence Berkeley National 
Laboratory; and $4,626,000 for the Center for Integrated 
Nanotechnologies (03-R-313) at Los Alamos and Sandia National 
Laboratories. Also included at the request level is $7,280,000 
for the Experimental Program to Stimulate Competitive Research 
(EPSCoR). Within available funds, the conferees encourage the 
Department to continue the purchase of fuel for the High Flux 
Isotope Reactor. The conferees note the recent CD-0 decision on 
the National Synchrotron Light Source-II at Brookhaven National 
Laboratory, and encourage the Department to fund expeditiously 
the project engineering and design for this facility.
      Advanced Scientific Computing Research.--The conference 
agreement includes $237,055,000 for advanced scientific 
computing research, an increase of $30,000,000 over the budget 
request. This increase is provided to the Center for 
Computational Sciences to accelerate the efforts to develop a 
leadership-class supercomputer to meet scientific computational 
needs. Of this $30,000,000, $25,000,000 should be dedicated to 
hardware and $5,000,000 to competitive university research 
grants.
      Science Laboratories Infrastructure.--The conferees 
provide a total of $42,105,000 for science laboratories 
infrastructure, an increase of $2,000,000 over the budget 
request. The additional funds are provided to complete project 
engineering and design and initiate construction for the 300 
Area capability replacement laboratory at Pacific Northwest 
National Laboratory (project MEL-001-046). Within available 
funds, the conferees direct the Department to continue to make 
PILT payments associated with Argonne National Laboratory at 
the fiscal year 2005 level.
      Fusion Energy Sciences.--The conferees provide 
$290,550,000 for fusion energy sciences, the same as the budget 
request. The conferees direct the Department to utilize 
$29,900,000 of funding proposed for ITER work in fiscal year 
2006 to restore U.S.-based fusion funding to fiscal year 2005 
levels as follows: $7,300,000 for high performance materials 
for fusion; $8,700,000 to restore operation of the three major 
user facilities to fiscal year 2005 operating levels; 
$7,200,000 for intense heavy ion beams and fast ignition 
studies; $5,100,000 for compact stellarators and small-scale 
experiments; and $1,600,000 for theory. As in previous years, 
the conferees direct the Department to fund the U.S. share of 
ITER in fiscal year 2007 through additional resources rather 
than through reductions to domestic fusion research or to other 
Office of Science programs. Within available funds, the 
conferees include $1,000,000 for non-defense research 
activities at the Atlas Pulse Power facility. In addition, the 
conferees direct the Government Accountability Office (GAO) to 
undertake a study of the Office of Science Fusion Energy 
Sciences program in order to define the role of the major 
domestic facilities in support of the ITER, including 
recommendations on the possible consolidation or focus of 
operations to maximize their research value in support of ITER. 
The GAO shall also evaluate the opportunities to leverage the 
National Nuclear Security Administration investment as an 
alternative to the tokamak concept.
      Safeguards and Security.--The conference agreement 
includes $74,317,000 for safeguards and security, the same as 
the requested amount.
      Science Workforce Development.--The conference agreement 
includes $7,192,000 for Science Workforce Development, the same 
as the budget request.
      Science Program Direction.--The conferees provide 
$160,725,000 for Science Program Direction. The control level 
for fiscal year 2006 is at the program account level of Science 
Program Direction.
      Funding Adjustments.--The conference agreement includes 
an offset of $5,605,000 for the safeguards and security charge 
for reimbursable work.

                         Nuclear Waste Disposal

      The conference agreement provides $150,000,000 for 
Nuclear Waste Disposal. When combined with the $350,000,000 
provided in the Defense Nuclear Waste Disposal account, this 
makes a total of $500,000,000 available in fiscal year 2006 for 
activities related to nuclear waste disposal.
      Repository program.--During 2005, the Department was 
unable to complete the License Support Network and faced 
problems in the quality assurance for water modeling done by 
the U.S. Geological Survey, several significant legal setbacks, 
and a major, controversial proposed change to the radiation 
standard for the repository. These events impact on the 
Department's ability to submit a quality License Application 
during fiscal year 2006, as originally scheduled. Further 
significant schedule slippages are likely. While the Department 
claims to be taking a number of corrective actions to address 
these problems, these changes mean that the Department will not 
be performing all of the license preparation and license 
defense activities that were originally envisioned when the 
fiscal year 2006 budget request of $651,000,000 was developed. 
The conferees believe that $450,000,000 will be sufficient in 
fiscal year 2006.
      Assistance to affected units of local government.--Within 
the funds made available for the repository program, the 
conferees provide $2,000,000 to the State of Nevada; $7,500,000 
for the affected units of local government; and $500,000 for 
Nye County, Nevada, as authorized under the Nuclear Waste 
Policy Act for appropriate oversight actions. These funds for 
Nye County shall be separate and apart from oversight funding 
under Section 116(c) of the Nuclear Waste Policy Act. The 
conferees have included bill language reducing the Department's 
fiduciary responsibility for this oversight funding in light of 
the adversarial nature of the license application process. 
Additionally, the conferees direct the Department to renew, as 
appropriate, existing cooperative agreements with affected 
units of local government. The Department is specifically 
directed to enter into a three-year cooperative agreement with 
Inyo County, California, to complete the study of groundwater 
connections between Yucca Mountain and Death Valley National 
Park. The conferees expect this agreement to be in place in 
time to enable winter test drilling in Death Valley during the 
winter of 2005-2006.
      Integrated spent fuel recycling.--Given the uncertainties 
surrounding the Yucca Mountain license application process, the 
conferees provide $50,000,000, not derived from the Nuclear 
Waste Fund, for the Department to develop a spent nuclear fuel 
recycling plan. Under the Nuclear Energy account, the conferees 
provide additional research funds to select one or more 
advanced recycling technologies and to complete conceptual 
design and initiate pre-engineering design of an Engineering 
Scale Demonstration of advanced recycling technology. Coupled 
with this technology research and development effort, funds are 
provided under the Nuclear Waste Disposal account to prepare 
the overall program plan and to initiate a competition to 
select one or more sites suitable for development of integrated 
recycling facilities (i.e., separation of spent fuel, 
fabrication of mixed oxide fuel, vitrification of waste 
products, and process storage) and initiate work on an 
Environmental Impact Statement. The site competition should not 
be limited to DOE sites, but should be open to a wide range of 
other possible federal and non-federal sites on a strictly 
voluntary basis. The conferees remind the Department that the 
Nuclear Waste Policy Act prohibits interim storage of nuclear 
waste in the State of Nevada. To support the development of 
detailed site proposals for this competition, the conferees 
make a total of $20,000,000 available to the site offerors, 
with a maximum of $5,000,000 available per site. To be eligible 
to receive these funds, each applicant site must be able to 
identify all state, regulatory, and environmental permits 
required for permitting this facility, including identifying 
any legislative or regulatory prohibitions that might prevent 
siting such a facility. The conferees direct the Secretary to 
submit a detailed program plan to the House and Senate 
Committees on Appropriations not later than March 31, 2006, and 
to initiate the site selection competition not later than June 
30, 2006. The target for site selection is fiscal year 2007, 
and the target for initiation of construction of one or more 
integrated spent fuel recycling facilities is fiscal year 2010. 
Any funds deemed to be in excess of the needs for the 
integrated recycling program plan may only be diverted to other 
activities after submittal and approval of a formal 
reprogramming to Congress.

                      Departmental Administration

      The conference agreement provides a net appropriation of 
$129,817,000 for Departmental Administration expenses. This 
amount includes a transfer of $87,575,000 from Other Defense 
Activities for defense-related Departmental Administration 
activities and the Congressional Budget Office estimate of 
$123,000,000 for revenues. Specific funding levels for each 
organization funded under the Departmental Administration 
account are detailed in the accompanying table. The conferees 
include bill language requiring a report on security at 
Building 3019, Oak Ridge National Laboratory.
      Chief Information Officer.--The conferees provide 
$39,385,000, an increase of $1,418,000 over the current year 
level. The conferees do not support the proposed 63 percent 
growth in support services contracts for the Chief Information 
Officer.
      Congressional and intergovernmental affairs.--The 
conference agreement provides $4,826,000, the same as the 
current year funding level. The conferees expect that the 
Department will continue the long-standing practice that the 
primary channel for Departmental liaison with the House 
Appropriations Committee shall be the Chief Financial Officer.
      Policy and international affairs.--The conference 
agreement provides $14,993,000, the same as the current year 
funding level.
      Office of Engineering and Construction Management.--The 
conferees support the House report language regarding the 
importance of improving project management within the 
Department.
      Cybersecurity and secure communications.--The conference 
agreement provides $24,733,000, the same as the current year 
funding level.
      Corporate management information program.--The conference 
agreement provides the requested level of $23,055,000. However, 
the conferees are concerned about the recent failures of STARS 
and remind the Department of the importance of having a system 
that provides timely and accurate accounting information.
      Working Capital Fund.--The conferees renew the guidance 
provided in House Report 107-681 regarding management of the 
Working Capital Fund.

                      Office of Inspector General

      The conference agreement provides $42,000,000 for the 
Office of the Inspector General, a slight decrease from the 
request but an increase over the current year funding level.

                    Atomic Energy Defense Activities

                National Nuclear Security Administration

      The National Nuclear Security Administration (NNSA), a 
semi-autonomous agency within the Department of Energy, manages 
the Nation's nuclear weapons, nuclear nonproliferation, and 
naval reactors activities.
      The conference agreement does not include the proposed 
cleanup transfer from Environmental Management to the NNSA and 
the conference recommendation assumes the EM program retains 
the cleanup program scope.
      Availability of funds.--The conference agreement makes 
funds available until expended.

                           Weapons Activities

      The conference agreement provides $6,433,936,000 for 
Weapons Activities instead of $6,574,024,000 as proposed by the 
Senate and $6,181,121,000 as proposed by the House. The 
conferees agree with the House language regarding reprogramming 
authority for weapons activities.
      Sustainable Stockpile Initiative.--The conferees support 
the basic tenets of the House language on a Sustainable 
Stockpile Initiative, including support for the reliable 
replacement warhead program, an accelerated warhead 
dismantlement program, and a reconfiguration of the weapons 
complex to create a responsive infrastructure that maximizes 
special nuclear material consolidation. The conferees 
appreciate the significant effort by the members of the 
Secretary of Energy's Advisory Board Infrastructure Task Force 
that produced the Nuclear Weapons Complex Infrastructure Study 
and expect the Secretary to give serious consideration to the 
recommendations in the fiscal year 2007 budget request.

                        Directed Stockpile Work

      Directed stockpile work (DSW).--The conference agreement 
includes $1,386,189,000 for directed stockpile work. The 
conference agreement provides $300,818,000 for DSW Life 
Extension Programs. The conference agreement provides 
$311,804,000 for DSW Stockpile Systems and $60,000,000 for DSW 
Warhead Dismantlement. The conferees note the importance of an 
aggressive warhead dismantlement program as part of the mission 
of the NNSA and direct the Administrator to submit a report to 
the Committees on Appropriations addressing the cost, scope and 
schedule of expanding the NNSA infrastructure to increase the 
dismantlement capacity of the complex. The report is due on 
March 1, 2006.
      Reliable Replacement Warhead (RRW).--The conferees have 
provided $25,000,000 for the RRW program. The conferees expect 
that the laboratories and plants will also utilize the existing 
resources in the Directed Stockpile, Campaigns, and Readiness 
in Technical Base and Facilities accounts where applicable to 
further the RRW design options to support a Nuclear Weapons 
Council determination in November 2006. The conferees reiterate 
the direction provided in fiscal year 2005 that any weapon 
design work done under the RRW program must stay within the 
military requirements of the existing deployed stockpile and 
any new weapon design must stay within the design parameters 
validated by past nuclear tests. The conferees expect the NNSA 
to build on the success of science-based stockpile stewardship 
to improve manufacturing practices, lower costs and increase 
performance margins, to support the Administration's decision 
to significantly reduce the size of the U.S. nuclear stockpile.
      The conference agreement provides $688,567,000 for DSW 
Stockpile services. From within the funds provided in DSW 
Stockpile services, the conferees direct the NNSA to provide 
$40,000,000 to fund the Nevada Test Site, $5,000,000 above the 
request, to maintain the Subcritical Experiment Program, 
including the Phoenix Explosive Pulse Power program. From 
within available funds, the conferees provide $6,000,000 to Los 
Alamos National Laboratory to conduct hydrodynamic testing in 
support of the Stockpile Stewardship program and $3,000,000 
above the request to fund independent assessments of the safety 
of the stockpile and secure information exchange within the 
weapons complex.
      The conference agreement provides no funds for the Robust 
Nuclear Earth Penetrator (RNEP) feasibility study.
      The conferees support a degree of flexibility in 
executing this budget by providing limited reprogramming 
authority within Directed Stockpile Work [DSW]. The control 
levels for the Directed Stockpile Work are:
      (1) Life Extension Programs;
      (2) Stockpile Systems;
      (3) Reliable Replacement Warhead;
      (4) Warhead Dismantlement; and
      (5) Stockpile Services.

                               Campaigns

      Campaigns.--The conferees support the Senate language 
directing the Department to renew for 5 years the existing 
cooperative agreements with the University of Nevada Las Vegas 
and the University of Nevada Reno. The Department is also 
directed to provide funding of $3,000,000 to each institution 
per year.
      For science campaigns, the conference agreement provides 
$279,464,000. The conference agreement provides $49,718,000 for 
primary assessment technologies and $20,000,000 for Test 
Readiness, a reduction of $5,000,000 from the budget request. 
The conferees direct the Department to maintain the current 24-
month test readiness posture. The conferees include 
$12,500,000, an increase of $2,500,000, to fund the Nevada Test 
Site to support dynamic experiments, diagnostics, and data 
analysis, including past UGT analysis. The conferees direct the 
NNSA to conduct a study to evaluate the capability of proton 
radiography of the LANSCE facilities to support stockpile 
stewardship activities. The report is due to the House and 
Senate Committees on Appropriations by July 1, 2006.
      The conference agreement provides $83,894,000 for dynamic 
materials properties, an increase of $3,000,000 above the 
budget request to support additional experiments at the Joint 
Actinide Shock Physics Experimental Research facility and at 
the Atlas facility. The conferees provide $1,000,000 for the 
LCS laser upgrade at the Idaho Accelerator Center. The 
conferees provide $49,520,000 for advanced radiography, the 
same as the budget request. The conferees direct the JASONS to 
undertake a study of the Dual Axis Radiographic Hydro Test 
Facility (DARHT) to evaluate the DARHT 2nd axis refurbishment 
plan and to validate the current schedule and cost baseline. 
The conferees expect the JASONS to consider whether or not the 
NNSA has taken the appropriate steps to resolve the technical 
difficulties associated with the induction linac technology and 
whether or not the second axis is expected to return to service 
as currently planned in 2008 in order to meet the National 
Hydrotest Plan requirements. The conferees recommend 
$76,332,000 for secondary assessment technologies, an increase 
of $15,000,000 over the budget request. The conferees provide 
the additional funds to Los Alamos National Laboratory to 
restore high-energy-density experimental capabilities.
      The conference agreement provides $250,411,000 for 
engineering campaigns. The conference agreement for the 
enhanced surety campaign is $40,000,000. The conferees direct 
NNSA to utilize the MESA facility to develop micro-technology 
for surety architecture. The conference agreement for the 
weapons system engineering assessment technology is 
$17,540,000. The conference agreement for nuclear survivability 
is $22,386,000 and the conference recommendation for enhanced 
surveillance campaign is $100,207,000. From within available 
funds, the conferees provide $4,465,000 to continue the grant-
funded University Research Program in Robotics.
      Engineering campaign construction projects.--The 
conference agreement provides $65,564,000 for Project 01-D-108, 
Microsystem and engineering science applications (MESA) at SNL, 
in New Mexico and $4,714,000 in operating funds.
      Inertial Confinement Fusion (ICF) Ignition and High 
Yield.--The conference agreement includes $549,073,000 for the 
inertial confinement fusion ignition and high yield program. 
The conferees support the House language regarding project 
management control systems for managing the ICF program. The 
conferees direct the NNSA Administrator to issue a report by 
March 1, 2006 that identifies the scientific and stockpile 
stewardship value of the National Ignition Facility if the 
project fails to achieve the ignition demonstration by 2011, or 
at any time in the future.
      Ignition.--The conference agreement recommends 
$75,615,000, the same as budget request.
      Support for Other Stockpile Programs.--The conference 
agreement includes $19,872,000, an increase of $10,000,000 over 
the budget request, to perform experiments on the Z-machine to 
validate computer models as well as experiments on OMEGA at the 
University of Rochester.
      NIF Diagnostics, Cryogenics and Experimental Support.--
The conference agreement provides $43,008,000, the same as the 
budget request.
      Pulsed Power Inertial Confinement Fusion.--The conference 
recommendation includes $11,012,000, a $901,000 increase over 
the budget request, for pulsed power ICF to assess Z pinches as 
drivers for ignition and high yield fusion.
      University Grants/Other ICF Support.--The conference 
recommendation includes $7,700,000 for research assistance in 
high energy density science, a level consistent with fiscal 
year 2005. The conference agreement includes $5,000,000 for the 
Nevada Terawatt Facility. Within the funds provided, $3,000,000 
is for research into strongly magnetized high energy density 
matter and $2,000,000 is for construction of the high energy, 
short-pulse laser system.
      Facility Operations and Target Production.--The 
conference agreement includes $64,623,000, an additional 
$10,000,000 over the request, for facility operations and 
target production. The conferees provide the additional 
$10,000,000 to accelerate target fabrication.
      Inertial Fusion Technology.--The conference agreement 
restores $48,000,000 of funding for the Inertial Fusion 
Technology program. Within the funds provided, $25,000,000 is 
for continuing development of high average power lasers, 
$2,000,000 for the high density matter laser at the Ohio State 
University Technology Park, $15,000,000 for the Naval Research 
Laboratory, and $6,000,000 to prepare Z-machine to support 
extended operations.
      NIF Demonstration.--The conference agreement includes 
$102,330,000 to support the NIF Demonstration program.
      High Energy Petawatt Laser Development.--The conferees 
provide $35,000,000 for high energy petawatt laser development, 
an increase of $32,000,000 above the request. The conference 
recommendation includes an additional $4,000,000 for OMEGA 
operations to provide additional shots to support ignition 
demonstration in 2011 and an additional $22,000,000 to 
accelerate the OMEGA Extended Performance capability project, a 
four beam super-high-intensity, high-energy laser facility. 
Within the available funds, $2,000,000 is provided for 
continued development of petawatt laser at the University of 
Texas at Austin; $2,000,000 is provided to the University of 
Nevada, Reno to continue its collaboration with Sandia National 
Laboratories on highly diagnosed studies of exploding wire 
arrays and implosion dynamics. The conferees provide $2,000,000 
to Sandia National Laboratories for Z-Petawatt Consortium 
experiments using the Sandia Z-Beamlet and Z petawatt lasers.
      Construction--Project 96-D-111.--The conferees provide 
$141,913,000 for construction of the National Ignition Facility 
(NIF), the same as the budget request.
      Advanced Simulation and Computing (ASCI).--The conference 
agreement provides $605,830,000 for Advanced Simulation and 
Computing. The conferees recognize that the modern networking 
technologies employed by the ASC program enable effective long-
distance access to high-end computing. The conferees urge the 
ASC program to provide adequate federal oversight to ensure 
that the capability supercomputers are used as a national 
resource, shared by the three weapons laboratories, and are 
applied to the highest priority weapons systems requirements 
that cannot be solved in a timely manner on capacity computers. 
The conferees direct the NNSA to allocate capacity computing 
funds to each lab based on the pending or projected highest 
priority stockpile workload. The conference recommendation 
includes the following projects from within available funds: 
Nonprofit AVETeC for Nextedge Technology Park, Springfield 
(OH), $10,000,000; Wittenberg University supercomputer (OH), 
$1,000,000; Notre Dame/Purdue Supercomputer Grid (IL, IN), 
$5,000,000; and $6,000,000 provided to continue the 
demonstration at the Pacific Northwest National Laboratory of 
advanced electronics packaging and thermal engineering for 
thermally-efficient electronics related to high performance 
data servers using three dimensional chip scale packaging 
integrated with spray cooling (WA).
      For the pit manufacturing and certification campaign, the 
conference agreement provides $241,074,000. The conference 
agreement provides $120,926,000 for W88 pit manufacturing and 
$61,895,000 for W88 pit certification, the same as the budget 
request. The conference agreement provides $23,071,000 for Pit 
Manufacturing Capability and $35,182,000 for Pit campaign 
support at the Nevada Test Site. The conference agreement 
provides no funding for the modern pit facility. The conferees 
direct the Administrator of the NNSA to undertake a review of 
the pit program to focus on improving the manufacturing 
capability at TA-55. The conferees also direct the Department 
to develop a report as to how the NNSA intends to address the 
radiological mission and security needs of category III/IV 
material currently housed at TA-18 at Los Alamos. This report 
shall be provided to the Committees on Appropriations by 
February 1, 2006.
      For readiness campaigns, the conference agreement 
provides $218,755,000. The conference agreement provides 
$31,400,000 for the Stockpile readiness campaign. The 
conference agreement provides $17,097,000 for High explosives 
weapons operations. The conference agreement provides 
$28,630,000 for the non-nuclear readiness campaign. The 
conference agreement provides $54,040,000 for the advanced 
design and production technologies campaign. Funding for the 
tritium readiness campaign is the same as the budget request.

               Readiness in Technical Base and Facilities

      Readiness in technical base and facilities.--For 
readiness in technical base and facilities, the conference 
agreement provides $1,647,885,000, an increase of $16,499,000 
over the budget request, and includes several funding 
adjustments.
      Within funds provided for operations of facilities, the 
conferees direct that, at a minimum, an additional $51,000,000 
be provided for the Pantex Plant in Texas and an additional 
$40,000,000 for the Y-12 Plant in Tennessee as proposed by the 
House and $15,000,000 for the Kansas City Plant in Kansas as 
proposed by the Senate. The conference agreement provides the 
budget request of $25,000,000 for Lawrence Livermore Laboratory 
and $21,997,000 for the Y-12 plant to address newly generated 
waste activities.
      The conferees provide the funding adjustments proposed by 
the Senate: $7,500,000 to support operation and 
recapitalization of facilities at the Nevada Test Site; 
$11,000,000 for modification of the Z-Beamlet laser at the Z 
Pinch at Sandia National Laboratories; $12,000,000 to support 
MESA Operations; $2,500,000 for the UNLV Research Foundation to 
support the ongoing programs of the Institute for Security 
Studies; $3,000,000 for the Advanced Monitoring Systems 
Initiative at the NTS to continue micro-sensing technology 
deployment and prototype deployment of remote monitoring 
systems for the underground test area; $7,500,000 to improve 
and upgrade existing roads at the Nevada Test Site and an 
additional $4,000,000 to install two new water storage tanks in 
Area 6 of the NTS; $1,000,000 to purchase and install a 
Geographic Information Center at the NTS; $4,000,000 to install 
a 17-mile fiber optic link between the Nevada Test Site and 
Indian Springs Air Force Base; and $4,500,000 to upgrade the 
Emergency Operations Center within the Nevada Support Facility 
to meet national program goals. The recommendation also 
includes, within funds provided, $3,000,000 for the Consortium 
on Terrorism and Fire Science at UNR; $500,000 for the 
continuing operations and security at the Atomic Testing 
History Institute; $2,000,000 to the UNLV Research Foundation 
to continue support of the radioanalytical services laboratory; 
$3,500,000 to the not-for-profit Technology Ventures 
Corporation to continue the successful technology transfer and 
commercialization efforts at the National Laboratories and the 
Nevada Test Site; $1,750,000 for the National Museum of Nuclear 
Science and History; $2,000,000 for the Arrowhead Center at New 
Mexico State University; $2,000,000 for Rapid Prototyping 
activities at the Special Technology Laboratory in Santa 
Barbara, (CA) to accelerate development of sensor and live 
plume tracking capabilities at the Nevada Test Site; $2,000,000 
for a public-private partnership to continue the test and 
evaluation of water filtration technology to protect the public 
against nuclear, biological, and chemical threats; and 
$1,000,000 to continue the ongoing administration 
infrastructure support grant for the UNLV Research Foundation.
      Nanotechnology.--The conferees provide $15,000,000 from 
within available funds for the establishment of the National 
Nanotechnology Enterprise Development Center (NNEDC), to be 
managed by the Center for Integrated Nanotechnologies. The 
NNEDC will assist in the technology maturation of 
nanotechnologies developed at each of the National Nanoscience 
Initiative Facilities and to assist in their transition to the 
marketplace, while emphasizing opportunities for industrial 
partnerships with the Center for Integrated Nanotechnologies. 
Proposals to the NNEDC will be considered by a board of experts 
qualified to evaluate proposals based on both their scientific 
merit and their commercial potential, including a 
representative from each of the National Nanoscience Initiative 
Facilities, and a similar number of representatives from 
economic development and commercial sectors to be selected by 
the Department of Energy's Office of Science.
      Advanced Computing.--The conferees provide $35,000,000 to 
Los Alamos National Laboratory to acquire additional computing 
capacity.
      Within funds provided, the conferees provide the funding 
adjustments proposed by the House: $1,150,000 for risk based 
data management in Oklahoma (OK); $2,000,000 for Robotics 
repetitive system technology (OH); $3,750,000 for Plasma 
Separation Process High Energy Storage Isotope research (TN); 
$1,500,000 for Multi-Platform dosimeter radiation detection 
devices (WA); $2,000,000 for Secure Wireless Technologies at Y-
12 (TN); $2,000,000 for Airborne Particulate Threat Assessment 
(PA); $2,000,000 for command and control of Vulnerable 
Materials Security System (PA, NJ); $1,000,000 for Advanced 
Engineering Environment at Sandia, Livermore (CA).
      The conference agreement includes the budget request of 
$105,738,000 for Program Readiness, $72,730,000 for material 
recycle and recovery, $17,247,000 for containers, and 
$25,222,000 for storage. The conference recommendation provides 
the budget request for the activities under special projects 
within the funds provided for operations of facilities.
      Construction projects.--For RTBF construction projects, 
the conference agreement includes the budget request, except 
for the following adjustments: an additional $2,000,000 for 
Project 05-D-140, Project Engineering and Design for Test 
Capabilities Revitalization project at Sandia National 
Laboratory and an additional $11,000,000 for Project 01-D-124, 
HEU materials facility at the Y-12 Plant, Oak Ridge, TN.

             Facilities and Infrastructure Recapitalization

      Facilities and infrastructure recapitalization.--The 
conference agreement includes $150,873,000 for the facilities 
and infrastructure (F&I;) recapitalization program.

                      Secure Transportation Asset

      Secure Transportation Asset.--The conference agreement 
provides $212,100,000 for secure transportation asset. The 
conference agreement provides $68,334,000 for program 
direction.

                   Nuclear Weapons Incident Response

      Nuclear Weapons Incident Response.--The conference 
agreement provides $118,796,000 for nuclear weapons incident 
response.

                        Safeguards and Security

      Safeguards and security.--The conference agreement 
includes $805,486,000, an increase of $65,008,000 over the 
budget request, for safeguards and security activities at 
laboratories and facilities managed by the National Nuclear 
Security Administration. Within funds provided for safeguards 
and security, the conferees direct that, at a minimum, an 
additional $25,000,000 be provided for the Pantex plant in 
Texas and an additional $60,000,000 for the Y-12 Plant in 
Tennessee, as proposed by the House, and $20,000,000 to 
complete the expansion of the red network at Los Alamos as 
proposed by the Senate. The conferees provide $1,900,000 to 
demonstrate an enterprise PKI for secure communication at 
Sandia National Lab. The conferees direct the NNSA to fund the 
protective force at the Device Assembly Facility, including 
full implementation of the protective force Special Response 
Team program at the Nevada Test Site.

                          Funding Adjustments

      Funding adjustments.--The conference agreement includes 
an adjustment of $32,000,000 for a security charge for 
reimbursable work, as proposed in the budget.

                    Defense Nuclear Nonproliferation

      The conference agreement provides $1,631,151,000 for 
Defense Nuclear Nonproliferation.

       Nonproliferation and Verification Research and Development

      Nonproliferation and Verification Research and 
Development.--The conference agreement provides $322,000,000 
for nonproliferation and verification research and development, 
an increase of $49,782,000 over the budget request. The 
conferees provide $177,471,000 for proliferation detection, an 
increase of $25,000,000 over the budget request; and 
$125,424,000 for nuclear explosion monitoring, an increase of 
$16,782,000 over the request, of which $24,000,000 is for 
ground-based systems for treaty monitoring; and $6,105,000 for 
supporting activities. The Committee provides $13,000,000 for 
Project 06-D-180, National Security Laboratory at the Pacific 
Northwest National Laboratory (PNNL), an increase of $8,000,000 
over the budget request. The additional $8,000,000 is to 
complete project engineering and design and initiate 
construction on 300 Area capability replacement laboratory.
      The conferees direct the Department to conduct a free and 
open competitive process for at least $7,500,000 of its 
research and development activities during fiscal year 2006 for 
ground-based systems treaty monitoring. From within available 
funds, the conference agreement includes the following 
projects: $2,500,000 for the UNLV Research Foundation to 
support nonproliferation activities at the Institute for 
Security Studies; $4,000,000 for portable high purity germanium 
detectors for incident response and radiation detection 
applications; $1,000,000 for the National Center for Biodefense 
at George Mason University (VA); $1,000,000 for the Offshore 
Detection Integrated System (OH); $750,000 for developing 
neutron dosimeter and Gamma-Beta Survey meter (OH); $300,000 
for the Texas A&M; Moscow Physics Institute-Nonproliferation and 
International Security Program (TX); and $500,000 for Mega 
Cargo Imaging program at the Nevada Test Site (NV). From within 
available funds, the conference agreement includes up to 
$5,000,000 to support a chemical and biological detection 
research and development program in the NNSA.

              Nonproliferation and International Security

      Nonproliferation and International Security.--The 
conference agreement provides $75,000,000 for nonproliferation 
and international security, a reduction of $5,173,000 below the 
budget request. The conferees provide $10,000,000 for 
initiatives focused on removing nuclear weapons-usable 
materials from vulnerable sites around the world. The conferees 
direct the Department to provide $3,000,000 in grants to 
institutions of higher learning and non-profit entities for 
research related to nuclear nonproliferation and chemical and 
biological weapons detection. Each individual grant provided 
shall not exceed $250,000.

                 Nonproliferation Programs With Russia

       International Nuclear Materials Protection and Cooperation

      International Materials Protection, Control and 
Cooperation (MPC&A;).--The conference recommendation is 
$427,000,000 for the MPC&A; program, an increase of $83,565,000 
over the budget request. The conferees provide the additional 
funds to accelerate the new opportunities to secure nuclear 
warhead storage sites resulting from the Bratislava Summit 
agreement. The conference agreement provides the budget request 
within the Second Line of Defense program for the MegaPorts 
initiative.

             Global Initiative for Proliferation Prevention

      Global Initiative for Proliferation Prevention.--The 
conference agreement provides $40,000,000 for the Initiatives 
for Proliferation Prevention (IPP) program and the Nuclear 
Cities Initiative (NCI).

       Highly Enriched Uranium (HEU) Transparency Implementation

      HEU Transparency Implementation.--The conference 
agreement provides $19,483,000, a reduction of $1,000,000 from 
the budget request.

           Elimination of Weapons-Grade Plutonium Production

      Elimination of Weapons-Grade Plutonium Production.--The 
conference agreement provides $176,185,000, an increase of 
$44,185,000 over the budget request, for the elimination of 
weapons-grade plutonium production program. The conferees 
provide the additional funds to maintain the schedule to 
shutdown the Zheleznogorsk reactor by 2011 and expect the 
Department to fully fund the outyear budget requirement in the 
Future Years Nuclear Security Program five year budget plan to 
accomplish the reactor shutdown milestone.

                     Fissile Materials Disposition

      Fissile Materials Disposition.--The conference agreement 
provides $473,508,000 for fissile materials disposition, a 
reduction of $179,557,000 from the budget request. Funding of 
$195,000,000 is provided for U.S. surplus materials disposition 
and $34,508,000 for the Russian plutonium disposition program. 
The conferees have included language modifying the statutory 
provision allowing for significant fines against the Department 
of Energy if the MOX production schedule slips in future years. 
Since fiscal year 2001, Congress has provided in excess of $1.1 
billion for the MOX construction project. Recognizing that the 
liability impasse has been resolved with the Russian 
Federation, the conferees expect the MOX facility construction 
activity at the Savannah River Site will proceed on schedule.
      Construction projects.--The conference recommendation 
includes $220,000,000 for Project 99-D-143, the Mixed Oxide 
Fuel Fabrication facility project, a reduction of $118,565,000 
from the budget request. The conferees expect the Department to 
utilize fully the available prior year balances in the Mixed 
Oxide (MOX) construction project to begin construction before 
requesting significant additional budget authority. Funding of 
$24,000,000 is provided for Project 99-D-141, the Pit 
Disassembly and Conversion Facility project.

                   Global Threat Reduction Initiative

      Global Threat Reduction Initiative.--The conference 
agreement provides $97,975,000, the same as the budget request, 
for the Global Threat Reduction Initiative program. The 
conference agreement provides the budget request for the 
Kazakhstan Spent Fuel Disposition program. The conference 
agreement provides up to $7,000,000 from within available 
funds, to support the conversion of university research 
reactors from a highly enriched uranium core to a low enriched 
uranium core, for as many as four research reactors located in 
the United States. The reactors targeted for conversion are 
Purdue University, Oregon State University, University of 
Wisconsin and Washington State University. The conferees 
encourage the Department to fund the Radiological Threat 
Reduction program to establish a pilot program to utilize 
commercial or non-governmental resources for recovery, storage, 
monitoring and disposal of domestic high-risk radioactive 
sealed sources and to provide a report to the House and Senate 
Appropriations Committees on these activities by the end of 
fiscal year 2006.

                             Naval Reactors

      The conference agreement provides $789,500,000 for Naval 
Reactors, an increase of $3,500,000 over the budget request. 
The conferees agree to transfer $13,500,000 to the Office of 
Nuclear Energy to support the Idaho National Laboratory's 
Advanced Test Reactor.

                      Office of the Administrator

      The conference agreement provides $341,869,000 for the 
Office of the Administrator.
      From within available funds, the conference agreement 
provides $15,000,000 to continue the support to the HBCUs' 
scientific and technical programs in fiscal year 2006. The 
Committee expects the Department to provide financial support 
in rough parity to both HBCUs and the Hispanic Serving 
Institutions (HSI). The Committee recommendation includes 
$2,000,000 each for Wilberforce University and Central State 
University in Wilberforce, Ohio; $2,000,000 for Claflin College 
in Orangeburg, SC; $4,000,000 for Allen University in Columbia, 
SC; and $1,000,000 each for Voorhees College in Denmark, SC and 
South Carolina State University in Orangeburg, SC, and Florida 
Memorial University for the Carrie Meek Health and Science 
Complex in Miami Gardens, FL; $500,000 each for Cheyney 
University, Cheyney (PA) and Lincoln University, Lincoln 
University of Pennsylvania (PA); and $1,000,000 for the ACE 
program at Maricopa Community Colleges in Phoenix, Arizona. The 
conferees agree with the House language that directs the 
Department to provide funds to HBCU institutions to allow for 
infrastructure improvements and technical programs and expects 
the Department to ensure the Dr. Samuel P. Massie Chairs of 
Excellence are fully supported within the HBCU program.

               Environmental and Other Defense Activities

                     Defense Environmental Cleanup

      The conference agreement for the Defense Environmental 
Cleanup (EM) program totals $6,192,371,000. The conferees 
recommend that the Department carry over balances for WERC, a 
consortium for environmental education and technology 
development, to support an educational foundation within that 
organization. Within the amounts provided, the Department is 
directed to fund hazardous waste worker training at 
$10,000,000.
      Energy and Water Technology.--Within the amounts 
provided, the Department is directed to fund $12,500,000 for 
energy and water resource management, including $7,000,000 for 
advanced concept desalination and arsenic treatment in 
partnership with American Water Works Research Foundation and 
WERC; $2,000,000 for water supply technology development and 
$3,500,000 for water management decision support including 
demonstration programs in partnership with the New Mexico 
Office of the State Engineer and international water 
partnerships.
      Milestone report.--While the budget structure has 
changed, the conferees remain interested in whether the 
Department has met its goals for completion for years 2006, 
2012, and 2035. The conferees request a report by site that 
tracks accelerated clean-up milestones, whether they are being 
met or not, and includes annual budget estimates and life-cycle 
costs, due to the House and Senate Committees on Appropriations 
by March 1 and September 1 of each year.
      NNSA Transfers.--The conferees did not support the 
transfer of environmental cleanup responsibilities to the 
National Nuclear Security Administration (NNSA), consistent 
with the House and Senate reports. However, responsibility for 
NNSA newly generated waste will remain in NNSA. The conferees 
provide no funding in the defense EM program for newly 
generated waste at Lawrence Livermore Laboratory and the Y-12 
Plant.
      Low level/mixed low level (LLW/MLW) waste Report 
Requirement.--Consistent with the House report, the conferees 
direct the Secretary to report to the House and Senate 
Committees on Appropriations, within 90 days of enactment of 
this Act, on the specific steps the Department will take to 
ensure that life-cycle cost guidance is implemented in the 
consideration of LLW/MLW options by DOE contractors, and that a 
robust federal cadre of employees will oversee the 
implementation of such guidance.
      EM Subproject Report Requirement.--The conferees are 
concerned that the Environmental Management program continues 
to aggregate multiple project activities within the Project 
Baseline Summaries (PBS) contained in its annual budget 
request. When EM initially ``projectized'' its work in the FY 
2001 budget request, program activities were aggregated into 
approximately 430 PBS's that were used as the basis for the 
programs budget justification and execution reporting. The 
number of PBSs now stands at 89. Since these PBSs are the basis 
for ``project'' baselines and performance tracking within the 
Department, it leads the conferees to question the Department's 
ability to meaningfully analyze its costs and work 
accomplishment. The conferees direct the Department to provide 
a report by March 1, 2006, to the House and Senate Committees 
on Appropriations with additional information on large PBSs 
(requests of more than $100,000,000) in the form of detailed 
justification by subprojects to provide more visability and 
specificity to the planned activities within those PBSs. This 
report should be prepared for the scope planned for the fiscal 
year 2006 appropriations and the fiscal year 2007 request. 
These new subproject groupings should be used as a basis for 
quarterly reporting of financial data (unobligated and uncosted 
balances), and project variance reports.
      Reprogramming Authority.--The conferees continue to 
support the need for flexibility to meet changing funding 
requirements at sites. In fiscal year 2006, the Department may 
transfer up to $5,000,000 within accounts, and between 
accounts, as noted in the table below, to reduce health or 
safety risks or to gain cost savings as long as no program or 
project is increased or decreased by more than $5,000,000 once 
during the fiscal year. This reprogramming authority may not be 
used to initiate new programs or to change funding levels for 
programs specifically denied, limited, or increased by Congress 
in the Act or statement. The Committees on Appropriations in 
the House and Senate must be notified within thirty days of the 
use of this reprogramming authority. The following is a list of 
control levels for reprogramming:
      Closure sites
      Savannah River site, 2012 accelerations
      Savannah River site, 2035 accelerations
      Savannah River Tank Farm
      Waste Isolation Pilot Plant
      Idaho National Laboratory
      Oak Ridge Reservation
      Hanford site 2012 accelerated completions
      Hanford site 2035 accelerated completions
      Office of River Protection (ORP) Waste Treatment & 
Immobilization (WTP) Pretreatment facility
      ORP WTP High-level waste facility
      ORP WTP Low activity waste facility
      ORP WTP Analytical laboratory
      ORP WTP Balance of facilities
      Program Direction
      Program Support
      UE D&D; Fund contribution
      Technology Development
      All Construction Line Items
      NNSA sites and Nevada off-sites
      Safeguards and Security
      Guaranteed Fixed Priced Remediation (GFPR).--Public Law 
108-447 directed the Department to submit a report to the 
Committees on Appropriations on the feasibility of applying 
GFPR to remediation activities. The Department has completed 
its evaluation and has concluded that remediation projects at 
DOE sites or portions of sites that historically did not 
involve high risk materials could be potential candidates for 
GFPR contracts. The conferees are encouraged by this report, 
and direct the Department to identify at least two remediation 
projects or portions of projects as candidates for a pilot use 
of GFPR in fiscal year 2006.
      Closure Sites.--The conference agreement provides 
$1,028,589,000, reflecting a decrease of $10,000,000 to 
litigation contingency monies held in reserve for Rocky Flats.
      The conferees provide an increase of $30,000,000 to 
complete remedies at Mound Operable Unit 1 (OU-1), and direct 
the Department to work with the Miamisburg Mound Community 
Improvement Corporation in developing a mutually acceptable 
remedy. The remedy shall meet the spirit and intent of the 
``Sales Contract by and between the U.S. DOE and the Miamisburg 
Community Improvement Corporation, January 23, 1998'', permit 
industrial reuse of OU-1, and be consistent with past site 
cleanup practices and cleanup levels and objectives. Agreement 
on the remedy shall be completed by March 1, 2006. DOE shall 
report to Congress the progress of the remedy development by 
December 1, 2005. If substantial progress has not been made in 
the development of the remedy by this time, DOE shall engage 
the services of a mediator, mutually acceptable to the parties, 
to facilitate the remedy selection for the OU-1 waste disposal 
area.
      Savannah River Site.--The conference agreement provides 
$1,170,582,000 for the Savannah River Site. The conferees 
provide $10,000,000 for the melt and dilute technology for 
excess weapons-grade plutonium. The conferees provide $500,000 
for project 05-D-405, salt waste processing facility, and 
reduce prior year balances for this project by $20,000,000 
because the construction is held up due to unresolved seismic 
issues.
      Waste Isolation Pilot Plant (WIPP).--The conference 
agreement provides $230,629,000 for the Waste Isolation Pilot 
Project. Within available funds, the conference agreement 
provides $6,000,000 for the purchase of TRUPACT-III shipping 
containers, $3,500,000 for educational support, infrastructure 
improvements, and related initiatives for the Carlsbad 
community, $5,000,000 to consolidate all record archives 
relevant to the operations of WIPP at Carlsbad, and to provide 
these records in a format that is user friendly and supports 
timely access to information, $2,000,000 for the Office of 
Environmental Management to support the Center for Excellence 
in Hazardous Materials, and $1,500,000 for neutrino research in 
the WIPP environment, which is relatively pristine in terms of 
background radiation.
      Idaho National Laboratory.--The conference agreement 
provides $538,225,000. The conferees direct that the unexpended 
balances of up to $68,000,000 previously appropriated as 
Defense Privatization for the Advanced Mixed Waste Treatment 
Plant be merged with other maintenance and operating funds 
available within the Defense Environmental Cleanup account, 
Solid Waste Stabilization and Disposition project activity, for 
the Idaho site to continue processing of transuranic waste for 
disposal at the WIPP.
      Oak Ridge Reservation.--The conferees provide 
$240,812,000 for the Oak Ridge Reservation. The conference 
agreement includes $18,000,000 for disposition of material in 
Building 3019, consistent with the Department's decision to 
transfer this responsibility to the defense EM program. The 
conferees direct the Department to provide a report within 60 
days of enactment of this Act, that details the Department's 
path forward in managing this material.
      Hanford Site.--The conference agreement provides 
$780,653,000 for the Hanford Site. The conferees provide 
$1,000,000 for B-reactor preservation and $500,000 each for 
preservation of ETTP and LANL former Manhattan Project sites. 
The conferees provide $7,500,000 for the Volpentest Hazardous 
Materials Management and Emergency Response (HAMMER) training 
and education center. The Department is expected to continue 
making PILT payments at last year's level to counties that have 
the Hanford reservation within their boundaries.
      Office of River Protection.--The conference agreement 
provides $329,471,000 for Tank Farm activities, and 
$526,000,000 for construction project 01-D-416, the Waste 
Treatment and Immobilization Plant.
      The high-level waste vitrification program at Hanford has 
had a long history of failure--more than $9,000,000,000 has 
been spent over the last 15 years. Based on a report by the 
Corps of Engineers, the estimated cost of the Waste Treatment 
and Immobilization Plant (WTP), originally $4,300,000,000, may 
rise to as much as $9,300,000,000, and the schedule may slip 
four more years to 2015. Reasons for these increases include: 
contractor estimating problems, technical problems, and 
insufficient project contingency. It is unclear what steps DOE 
will take to better ensure effective management and oversight 
of the project in the longer term.
      Based on this troubled history, the conferees provide 
$526,000,000, for the Waste Treatment and Immobilization Plant, 
a reduction of $99,893,000 from the request. The conferees 
understand that $98,000,000 remains available from fiscal year 
2005 to be used in fiscal year 2006 for this project. The 
Department needs better control and oversight of the scope, 
cost and schedule of this project, and the conferees direct the 
Department to report to the House and Senate Committees on 
Appropriations by December 1, 2005, on the actions taken to 
rectify the management failures of this project, and to report 
quarterly, beginning on January 1, 2006, on the activities and 
financial status of each of the subprojects within WTP.
      Program Direction.--The conference agreement provides 
$243,816,000 for program direction. Of the total amount, 
$82,924,000 is available for obligation only after the report 
delivery to the House and Senate Committees on Appropriations 
by the Secretary on the specific steps the Department will take 
to ensure that life-cycle cost guidance is implemented in the 
consideration of LLW/MLW options by DOE contractors. The 
conferees support the termination of the A-76 contracting out 
of the duties of federal employees for the Environmental 
Cleanup program.
      Program Support.--The conference recommendation provides 
$32,846,000.
      Federal Contribution to Uranium Enrichment 
Decontamination and Decommissioning Fund.--The Energy Policy 
Act of 1992, Public Law 102-486, created the Uranium Enrichment 
Decontamination and Decommissioning Fund to pay for the cost of 
cleanup of the gaseous diffusion facilities located in Oak 
Ridge, Tennessee; Paducah, Kentucky; and Portsmouth, Ohio. The 
conference agreement includes the budget request of 
$451,000,000 for the Federal contribution to the Uranium 
Enrichment Decontamination and Decommissioning Fund as 
authorized in Public Law 102-486.
      Technology Development and Deployment.--The conference 
agreement provides $30,065,000. The conferees are concerned 
about DOE's efforts to protect contaminants from reaching the 
Columbia River. Technology used in several remedies is not 
performing satisfactorily, and there is a lack of new 
technologies to address contamination issues. The conferees 
provide $10,000,000 for analyzing contaminant migration to the 
Columbia River, and for the introduction of new technology 
approaches to solving contamination migration issues. The 
conferees understand that the various program groups managing 
the groundwater and vadose zone cleanup program are fragmented, 
and not well coordinated. The conferees direct the Department 
to report to the House and Senate Committees on Appropriations 
on the organization and operations of these groups, and how 
they will be better coordinated, within 60 days of enactment of 
this Act. The conferees provide $5,000,000 for AEA Technology 
to address alternative cost effective technologies for cleaning 
up legacy waste. Within available funds, the conferees direct 
the Department to fund the real-time identification warning 
system at $250,000, the Hanford Tank Waste Operations Simulator 
at $2,000,000, and the Mid-Atlantic Recycling Center for End of 
Life Electronics at $1,000,000.
      NNSA sites and Nevada off-sites.--The conference 
agreement provides $302,460,000, reflecting the return of 
cleanup activities to the Environmental Cleanup program that 
otherwise would have transferred to the NNSA. The conferees 
provide no funding in the defense EM program for newly 
generated waste at Lawrence Livermore Laboratory and the Y-12 
plant.
      Safeguards and Security.--The conference agreement 
provides $287,223,000, the same as the budget request.
      Congressionally Directed Projects.--The conferees' 
recommendation includes the following Congressionally directed 
projects, within available funds. The conferees remind 
recipients that statutory cost sharing requirements may apply 
to these projects.

   Congressionally Directed Defense Environmental Management Projects

        Project                                Conference recommendation
Western Environmental Technology Office (multi-state)...      $5,000,000
University of Nevada-Reno School of Medicine Core 
    Facilities equipment (NV)...........................       4,000,000
Great Basin Science Sample and Records Library (NV).....       3,500,000
Desert Research Institute's CAVE project (NV)...........       2,000,000
UNLV Research Foundation to continue earthquake hazard 
    and seismic risk research (NV)......................       1,000,000
Diagnostic Instrumentation and Analysis Library (MS)....       5,000,000
Electrochemical system utilizing ceramic ionic transport 
    membranes for the recycle and disposal of 
    radioactive sodium ion waste (ID)...................       3,000,000
Desert Research Institute's Environmental Monitoring 
    Program (NV)........................................       2,750,000
Nye County Groundwater Evaluation Program (NV)..........       1,500,000
Emergency and Non-emergency communications systems 
    upgrades in Nye County (NV).........................       1,500,000
Stabilization of Los Alamos Airport Landfill (NM).......       5,000,000
Energy & Environmental Hispanic Community Participation 
    Project (NM)........................................         750,000

                        Other Defense Activities

      The conference agreement provides $641,998,000 for Other 
Defense Activities.

              Office of Security and Performance Assurance

      The conference agreement provides $307,095,000, an 
increase of $6,000,000 over the budget request. The conference 
agreement includes $186,878,000 for nuclear safeguards and 
security; and $46,725,000 for security investigations; and 
$73,492,000 for program direction. The conferees provide an 
additional $5,000,000 for Project Engineering and Design (PED) 
funding to begin a new construction project to upgrade CPP-651 
and CPP-691 at the Idaho National Laboratory for complex-wide 
material consolidation of special nuclear material. The 
conferees direct the Department to include a PED line item 
project to continue this activity in the fiscal year 2007 
budget request. The conferees support the House request for a 
report detailing the security requirements of the special 
nuclear material disposition activity at the Oak Ridge National 
Laboratory and have included the report description and 
deadline in bill language.

                Environment, Safety and Health (Defense)

      The conference agreement provides $77,029,000 for 
defense-related environment, safety and health activities, of 
which $19,546,000 is for program direction. From within 
available funds, the conference agreement provides $5,000,000 
to undertake the Chernobyl Research and Service Project. The 
conference recommendation includes $4,000,000 for the DOE 
Worker Records Digitization project in Nevada.
      The Former Worker Medical Screening.--The conference 
agreement provides $12,500,000 for Former Worker Program. From 
within available funds, the following projects are provided: 
$465,000 to extend medical screening at the three gaseous 
diffusion plants; $2,000,000 to be evenly divided to initiate 
medical screening of former workers at the Mound facility in 
Miamisburg, Ohio, and the Fernald Facility in Harrison, Ohio. 
The conferees direct the Secretary to initiate early lung 
cancer detection screening at the Y-12 and X-10 facilities, 
Tennessee. To offset these activities the conferees allocate 
$2,700,000 in fiscal year 2006 for activities under the DOE-HHS 
MOU and direct the Department to prioritize funds for the 
National Center for Environmental Health at Los Alamos and 
research work at the Health Energy Related Branch at NIOSH.

                           Legacy Management

      The conference agreement provides a total of $78,598,000 
for the Office of Legacy Management to manage the long-term 
stewardship responsibilities at the Department of Energy clean 
up sites. The conference recommendation provides $45,076,000 in 
Other Defense Activities and the balance of $33,522,000 is 
provided in the non-defense Energy Supply account.

                Funding for Defense Activities in Idaho

      The conference agreement provides $123,873,000 for 
defense-related activities at the Idaho National Laboratory 
(INL) and associated Idaho cleanup sites.

                 Defense Related Administrative Support

      The conference agreement provides $87,575,000 for 
national security programs administrative support.

                     Office of Hearings and Appeals

      The conference agreement provides $4,353,000 for the 
Office of Hearings and Appeals, the same as the budget request.

                     Defense Nuclear Waste Disposal

      The conference agreement provides $350,000,000 for the 
defense contribution to the nuclear waste repository program.

                    Power Marketing Administrations

                    BONNEVILLE POWER ADMINISTRATION

      The conference recommendation provides no new borrowing 
authority for BPA during fiscal year 2006. The Bonneville Power 
Administration may make no new obligations in support of the 
Fish Passage Center. The conferees call upon Bonneville Power 
Administration and the Northwest Power and Conservation Council 
to ensure that an orderly transfer of the Fish Passage Center 
functions (warehouse of smolt monitoring data, routine data 
analysis and reporting and coordination of the smolt monitoring 
program) occurs within 120 days of enactment of this 
legislation. These functions shall be transferred to other 
existing and capable entities in the region in a manner that 
ensures seamless continuity of activities.

      OPERATION AND MAINTENANCE, SOUTHEASTERN POWER ADMINISTRATION

      The conference agreement includes $5,600,000 for the 
Southeastern Power Administration. The conference agreement 
provides $32,713,000 for purchase power and wheeling in fiscal 
year 2006.

      OPERATION AND MAINTENANCE, SOUTHWESTERN POWER ADMINISTRATION

      The conference agreement includes $30,166,000 for the 
Southwestern Power Administration. The conference agreement 
provides $3,000,000 for purchase power and wheeling in fiscal 
year 2006.

 CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE, WESTERN AREA 
                          POWER ADMINISTRATION

      The conference agreement provides $233,992,000, an 
increase of $180,035,000 over the budget request for Western 
Area Power Administration. The conference agreement provides 
$279,000,000 for purchase power and wheeling in fiscal year 
2006. The total O&M; program level for Western in fiscal year 
2006 is $517,154,000, which includes $53,957,000 for 
construction and rehabilitation, $47,295,000 for system 
operation and maintenance, $279,000,000 for purchase power and 
wheeling, and $130,202,000 for program direction. Offsetting 
collections total $283,162,000; with the use of $4,162,000 of 
offsetting collections from the Colorado River Dam Fund (as 
authorized in P.L. 98-381), this requires a net appropriation 
of $233,992,000. Within available funds, the conference 
recommendation includes $6,000,000 to complete the Topock-Davis 
section of the Topock-Davis-Mead line including the 
interconnection and extension to Needles, CA, to provide 
additional transmission capacity by using aluminum matrix 
composite conductor technology. The conferees are disappointed 
that the funding for the South of Phoenix portion of the 
Parker-Davis project in Pinal County has been delayed and 
recommend that the project funding be reinstated without any 
further delay or interruption. The conferees agree with the 
House language regarding the Sierra-Nevada Region's Post-2004 
Power Marketing Plan and Transmission Operations and direct 
WAPA to submit the requested report to the House and Senate 
Committees on Appropriations by May 1, 2006. The conference 
agreement includes $6,700,000 for the Utah Mitigation and 
Conservation fund.

           FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND

      The conference agreement includes $2,692,000, the same as 
the budget request, for the Falcon and Amistad Operating and 
Maintenance Fund.

                  Federal Energy Regulatory Commission

                         SALARIES AND EXPENSES

      The conference agreement includes $220,400,000 for the 
Federal Energy Regulatory Commission (FERC). Revenues for FERC 
are set at an amount equal to the budget authority, resulting 
in a net appropriation of $0.
      The conferees are aware that the Federal Energy 
Regulatory Commission has begun requiring the collection of 
wholesale electric charges to address costs associated with 
crossing ``seams'' between neighboring Regional Transmission 
Organizations, also known as ``Seams Elimination Cost 
Adjustment''. While recognizing that legitimate costs should be 
recovered, the conferees are troubled about whether the 
Commission has applied these fees without a clear accounting of 
actual costs or proper allocation, permitted SECA charges to go 
into effect without those charges having been filed or even 
disclosed, used ``baselines'' that may not reflect actual power 
flows and otherwise failed to provide proper and appropriate 
procedural protections to all parties. The conferees expect the 
Commission to review its SECA policies and take expeditious and 
appropriate remedial steps.

                           GENERAL PROVISIONS

                          DEPARTMENT OF ENERGY

      Sec. 301. The conference agreement includes language 
regarding competition of certain management and operating 
contracts.
      Sec. 302. The conference agreement includes a provision 
regarding workforce restructuring plans, enhanced severance 
payments, and other benefits and community assistance grants 
for Federal employees of the Department of Energy.
      Sec. 303. The conference agreement includes a provision 
regarding augmentation of funds for severance payments and 
other benefits and community assistance grants.
      Sec. 304. The conference agreement includes a provision 
regarding Requests for Proposals for programs that have not 
been funded by Congress in the current fiscal year.
      Sec. 305. The conference agreement includes a provision 
regarding the use of unexpended balances of prior 
appropriations.
      Sec. 306. The conference agreement includes a provision 
prohibiting the Bonneville Power Administration from performing 
energy efficiency services outside the legally defined 
Bonneville service territory unless the Administrator certifies 
in advance that such services are not available from private 
sector businesses.
      Sec. 307. The conference agreement includes a provision 
establishing certain notice and competition requirements for 
Department of Energy user facilities.
      Sec. 308. The conference agreement includes a provision 
authorizing intelligence activities of the Department of Energy 
for purposes of section 504 of the National Security Act of 
1947 until enactment of the Intelligence Authorization Act for 
fiscal year 2006.
      Sec. 309. The conference agreement includes a provision 
limiting the types of waste that may be disposed of in the 
Waste Isolation Pilot Plant.
      Sec. 310. The conference agreement includes a provision 
dealing with the Reno Hydrogen Fuel Project.
      Sec. 311. The conference agreement includes a provision 
authorizing maximum percentages for laboratory directed 
research and development and plant- or site-directed research 
and development.
      Sec. 312. The conference agreement includes a provision 
dealing with the purchase of mineral rights at the Rocky Flats 
Environmental Technology Site.
      Sec. 313. The conference agreement includes a provision 
dealing with the Mixed Oxide Fuel Facility at the Savannah 
River Site.
      Sec. 314. The conference agreement includes a provision 
authorizing the Secretary to barter, transfer or sell uranium.
      Sec. 315. The conference agreement includes a provision 
requiring non-federal matching funds for the Coralville, Iowa, 
project.
      The conference agreement deletes a provision proposed by 
the House relating to Laboratory Directed Research and 
Development (LDRD) and Plant Directed Research and Development 
(PDRD) activities.
      The conference agreement deletes a provision proposed by 
the House relating to LDRD and PDRD activities for project 
costs incurred as Indirect Costs by Major Facility Operating 
Contractors under OMB's Federal Cost Accounting Standards (FAR 
Part 9900) or the Generally Accepted Accounting Principles.
      The conference agreement deletes a provision proposed by 
the House relating to laboratory directed research and 
development activities at Department of Energy laboratories on 
behalf of other Federal agencies.
      The conference agreement deletes a provision proposed by 
the House relating to price supports and loan guarantee 
programs.
      The conference agreement deletes a provision proposed by 
the House relating to the siting of a modern pit facility.
      The conference agreement deletes a provision proposed by 
the Senate relating to the Advanced Simulation Computing 
program.
      The conference agreement deletes a provision proposed by 
the Senate relating to eligibility of costs incurred by DOE 
contractors for LDRD, SDRD, and PDRD.
      The conference agreement deletes a provision proposed by 
the Senate relating to direct and indirect costs of LDRD, SDRD, 
and PDRD.
      The conference agreement deletes a provision proposed by 
the Senate relating to funding National Nuclear Security 
Administration Weapons Complex reforms.
      The conference agreement deletes a provision proposed by 
the Senate relating to fusion energy science.
      The conference agreement deletes a provision proposed by 
the Senate relating to retirement benefits for Rocky Flats site 
workers.
      The conference agreement deletes a provision proposed by 
the Senate relating to Savannah River National Laboratory 
eligibility for LDRD.

                       Conference Recommendations

      The conference agreement's detailed funding 
recommendations for programs in Title III are contained in the 
following table.


                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

      The conference agreement includes $66,472,000 for the 
Appalachian Regional Commission, instead of $38,500,000 as 
proposed by the House and $65,482,000 as proposed by the 
Senate. Within the funds provided, the conference agreement 
includes the following activities:

Central West Virginia public water and wastewater 
    facilities..........................................      $2,000,000
Southern West Virginia public water and wastewater 
    treatment facilities................................       2,000,000
Scioto County, Ohio sanitary sewer pump station 
    renovations and improvements........................         750,000
Copeland low water bridge, Breathitt County, Kentucky...       1,800,000
Watershed coordination activities, Athens, Meigs, 
    Gallia, Lawrence and Scioto counties, Ohio..........         500,000
Logan County, West Virginia flood warning system........         305,000
Perry County, Ohio, State Route 13 railroad crossing....         500,000

                Defense Nuclear Facilities Safety Board

                         SALARIES AND EXPENSES

      The conference agreement provides $22,032,000 for the 
Defense Nuclear Facilities Safety Board (DNFSB), the same as 
the request.
      The conferees support the mission of the DNFSB, notably 
the providing of advice and recommendations to the Secretary of 
Energy regarding public health and safety issues at the 
Department's defense nuclear facilities. However, the conferees 
are concerned regarding DNFSB's opinions on seismic criteria, 
especially the timing and emphasis to which these concerns have 
been communicated over the past two years to the Department. As 
recent as the October 17, 2005 letter from the DNFSB to the 
Secretary of Energy regarding the Hanford Waste Treatment Plant 
(WTP), DNFSB notes that ``some important uncertainties 
remain'', that can only be resolved by measurement under the 
WTP site--which will take up to two years. However, the DNFSB 
concludes in the same letter this does not ``preclude 
continuing with the design and construction'' of the 
facilities. The DNFSB cannot have it both ways. Such guidance 
leaves the Department vulnerable to continuing a multi-billion 
dollar project only to have DNFSB decide in two years that 
criteria must change again. The conferees remind the DNFSB of 
its authorizing legislation, 42 U.S.C. 2286a.(a)(5), which 
states, ``In making its recommendations, the Board shall 
consider the technical and economic feasibility of implementing 
the recommended measures.''

                        Delta Regional Authority

      The conference agreement includes $12,000,000 for the 
Delta Regional Authority as proposed by the Senate instead of 
$6,000,000 as proposed by the House.

                           Denali Commission

      The conference agreement includes $50,000,000 for the 
Denali Commission, instead of $2,562,000 as proposed by the 
House and $60,000,000 as proposed by the Senate.
      The conferees acknowledge our country faces difficult 
fiscal circumstances. Hurricanes Katrina and Rita and the on-
going war on terrorism have impacted the amount of federal 
funding available for the Denali Commission. The conferees 
expect the Denali Commission to continue to fund projects which 
provide: community showers and washeterias in villages with 
homes with no running water; multi-purpose community 
facilities; teacher housing in remote villages where there is 
limited housing available for teachers; facilities serving 
Native elders and senior citizens; and to fund projects which 
allow (1) the Rural Communications Service to provide broadcast 
facilities in communities with no television or radio station; 
(2) the Public Broadcasting Digital Distribution Network to 
link rural broadcasting facilities together to improve 
economies of scale, share programming, and reduce operating 
costs; and (3) rural public broadcasting facilities and 
equipment upgrades. Priority consideration should be given to 
the Juneau/Green's Creek/Hoonah Intertie project; the Fire 
Island Transmission line project; the Humpback Creek 
Hydroelectric project; and the Falls Creek Hydroelectric 
project. The Denali Commission is instructed to prepare a 
report to be submitted to the Senate and House Appropriations 
Committees, which details how the fiscal year 2006 funds are to 
be allocated. The conferees request this report no later than 
July 1, 2006.

                     Nuclear Regulatory Commission

                         SALARIES AND EXPENSES

      The conference agreement provides $734,376,000 for the 
Nuclear Regulatory Commission salaries and expenses, an 
increase of $41,000,000 over the budget request. This amount is 
offset by estimated revenues of $617,182,000, resulting in a 
net appropriation of $117,194,000. The fee recovery is 
consistent with that authorized by Section 637 of the Energy 
Policy Act of 2005 (Public Law 109-58). The recommendation 
includes $46,118,000 to be made available from the Nuclear 
Waste Fund to support the Department of Energy's effort to 
develop a permanent geologic repository for spent nuclear fuel 
and high-level waste. This amount is reduced from the request 
because the appropriation for the repository program is 
reduced.
      The conferees provide an additional $21,000,000, as 
proposed by the House and Senate, to conduct site-specific 
assessments of spent fuel pools at reactor sites consistent 
with the recommendations of the National Academy of Sciences. 
The conferees also provide an additional $20,000,000, as 
proposed by the Senate, to support preparatory activities and 
pre-application consultations for expected combined license 
applications.
      The conferees are aware that the Energy Policy Act of 
2005 places additional responsibilities on the Nuclear 
Regulatory Commission. Funds to execute these additional 
responsibilities were not included in the budget request and 
are not provided in this conference report. However, to the 
extent that the Commission may be able to execute some of these 
new responsibilities through the reprogramming of available 
fiscal year 2006 funds, the conferees encourage the Commission 
to submit promptly a reprogramming request to the House and 
Senate Committees on Appropriations.
      The conferees direct the Commission to provide a report 
on the status of its licensing and regulatory activities on a 
quarterly basis.

                      OFFICE OF INSPECTOR GENERAL

      The conference agreement includes $8,316,000 for the 
Office of the Inspector General in the Nuclear Regulatory 
Commission. This amount is offset by revenues of $7,485,000, 
for a net appropriation of $831,000.

                  Nuclear Waste Technical Review Board

      The conference agreement provides $3,608,000 for the 
Nuclear Waste Technical Review Board, the same as the request.

                       Tennessee Valley Authority

                    OFFICE OF THE INSPECTOR GENERAL

      The conference agreement does not include the requested 
$9,000,000 to establish a Congressionally-funded Office of the 
Inspector General for the Tennessee Valley Authority. The 
conferees support continuation of the existing arrangement for 
funding this office.

                      TITLE V--GENERAL PROVISIONS

      Sec. 501. The conference agreement includes language 
directing that none of the funds appropriated in this Act may 
be used in any way, directly or indirectly, to influence 
congressional action on any legislation or appropriation 
matters pending before Congress except to communicate with 
Members of Congress.
      Sec. 502. The conference agreement includes language 
regarding the transfer of funds made available in this Act to 
other departments or agencies of the federal government.
      The conference agreement does not include a provision 
proposed by the House regarding the Nuclear Regulatory 
Commission.
      The conference agreement does not include a provision 
proposed by the House dealing with the International 
Thermonuclear Experimental Reactor.
      The conference agreement does not include a provision 
proposed by the Senate regarding fully funded continuing 
contracts.


                   Conference Total--With Comparisons

      The total new budget (obligational) authority for the 
fiscal year 2006 recommended by the Committee of Conference, 
with comparisons to the fiscal year 2005 amount, the 2006 
budget estimates, and the House and Senate bills for 2006 
follow:

                        [In thousands of dollars]

New budget (obligational) authority, fiscal year 2005...     $31,166,027
Budget estimates of new (obligational) authority, fiscal 
    year 2006...........................................      29,730,600
House bill, fiscal year 2006............................      30,283,530
Senate bill, fiscal year 2006...........................      31,763,050
Conference agreement, fiscal year 2006..................      31,009,000
Conference agreement compared with:
    New budget (obligational) authority, fiscal year 
      2005..............................................        -157,027
    Budget estimates of new (obligational) authority, 
      fiscal year 2006..................................      +1,278,400
    House bill, fiscal year 2006........................        +725,470
    Senate bill, fiscal year 2006.......................        -754,050

                                   David L. Hobson,
                                   Rodney P. Frelinghuysen,
                                   Tom Latham,
                                   Zach Wamp,
                                   Jo Ann Emerson,
                                   John Doolittle,
                                   Michael K. Simpson,
                                   Dennis R. Rehberg,
                                   Jerry Lewis,
                                   Peter J. Visclosky,
                                   Chet Edwards,
                                   Ed Pastor,
                                   James E. Clyburn,
                                   Marion Berry,
                                   David R. Obey,
                                 Managers on the Part of the House.

                                   Pete V. Domenici,
                                   Thad Cochran,
                                   Mitch McConnell,
                                   Robert F. Bennett,
                                   Conrad Burns,
                                   Larry E. Craig,
                                   Christopher S. Bond,
                                   Kay Bailey Hutchison,
                                   Wayne Allard,
                                   Harry Reid,
                                   Robert C. Byrd,
                                   Patty Murray,
                                   Byron L. Dorgan,
                                   Dianne Feinstein,
                                   Tim Johnson,
                                   Mary L. Landrieu,
                                   Daniel K. Inouye,
                                Managers on the Part of the Senate.