[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5427 Reported in Senate (RS)]
Calendar No. 504
109th CONGRESS
2d Session
H.R. 5427
[Report No. 109-274]
Rule___________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 25, 2006
Received; read twice and referred to the Committee on Appropriations
June 29, 2006
Reported by Mr. Domenici, with an amendment and an amendment to the
title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
Making appropriations for energy and water development for the fiscal
year ending September 30, 2007, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2007, for energy and water development and for other
purposes, namely:
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to rivers and harbors, flood control, shore protection and
storm damage reduction, aquatic ecosystem restoration, and related
purposes.
general investigations
For expenses necessary for the collection and study of basic
information pertaining to river and harbor, flood control, shore
protection and storm damage reduction, aquatic ecosystem restoration,
and related projects, restudy of authorized projects, miscellaneous
investigations, and, when authorized by law, surveys and detailed
studies and plans and specifications of projects prior to construction,
$168,517,000, to remain available until expended: Provided, That, the
Secretary of the Army shall use the unobligated balances of $818,000
for the Waikiki Shore Protection Study, Hawaii, and $143,000 for the
Kihei Shore Protection Study, Hawaii, for the Laupahoehoe Harbor,
Hawaii, preconstruction engineering and design, at full Federal
expense; to continue the Kawaihae Harbor, Hawaii, feasibility studies;
and to continue preconstruction engineering and design studies for the
Wailupe Stream, Oahu, Hawaii.
construction general
(including rescission of funds)
For expenses necessary for the construction of river and harbor,
flood control, shore protection and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law; for
conducting detailed studies, and plans and specifications, of such
projects (including those involving participation by States, local
governments, or private groups) authorized or made eligible for
selection by law (but such detailed studies, and plans and
specifications, shall not constitute a commitment of the Government to
construction); $2,042,429,000, to remain available until expended; of
which such sums as are necessary to cover the Federal share of
construction costs for facilities under the Dredged Material Disposal
Facilities program shall be derived from the Harbor Maintenance Trust
Fund as authorized by Public Law 104-303; and of which such sums as are
necessary pursuant to Public Law 99-662 shall be derived from the
Inland Waterways Trust Fund, to cover one-half of the costs of
construction and rehabilitation of inland waterways projects (including
the rehabilitation costs for Lock and Dam 11, Mississippi River, Iowa;
Lock and Dam 19, Mississippi River, Iowa; Lock and Dam 24, Mississippi
River, Illinois and Missouri; Lock 27, Mississippi River, Illinois;
Markland Locks and Dam, Kentucky and Indiana; Emsworth Locks and Dam,
Ohio River, Pennsylvania; and Lock and Dam 3, Mississippi River,
Minnesota) shall be derived from the Inland Waterways Trust Fund:
Provided, That the Chief of Engineers is directed to use $13,000,000 of
the funds appropriated herein for the Dallas Floodway Extension, Texas,
project, including the Cadillac Heights feature, generally in
accordance with the Chief of Engineers report dated December 7, 1999:
Provided further, That the Chief of Engineers is directed to use
$1,500,000 of the funds provided herein for the Hawaii Water Management
Project: Provided further, That the Chief of Engineers is directed to
use $5,300,000 of the funds appropriated herein for planning,
engineering, design or construction of the Grundy, Buchanan County, and
Dickenson County, Virginia, elements of the Levisa and Tug Forks of the
Big Sandy River and Upper Cumberland River Project: Provided further,
That the Chief of Engineers is directed to use $7,500,000 of the funds
appropriated herein for planning, engineering, design or construction
of the Lower Mingo County, Upper Mingo County, Wayne County, McDowell
County, West Virginia, elements of the Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River Project: Provided further, That
the Chief of Engineers is directed to continue the Dickenson County
Detailed Project Report as generally defined in Plan 4 of the
Huntington District Engineer's Draft Supplement to the section 202
General Plan for Flood Damage Reduction dated April 1997, including all
Russell Fork tributary streams within the County and special
considerations as may be appropriate to address the unique relocations
and resettlement needs for the flood prone communities within the
County: Provided further, That the Chief of Engineers is directed to
proceed with work on the permanent bridge to replace Folsom Bridge Dam
Road, Folsom, California, as authorized by the Energy and Water
Development Appropriations Act, 2004 (Public Law 108-137), and, of the
$23,400,000 available for the American River Watershed (Folsom Dam
Mini-Raise), California, project, $15,000,000 of those funds be
directed for the permanent bridge, with all remaining devoted to the
Mini-Raise: Provided further, That the Secretary of the Army shall use
the prior unobligated balance of $4,972,000 from the Devils Lake
Outlet, North Dakota, project for the Devils Lake, North Dakota,
environmental infrastructure project: Provided further, That the
Secretary of the Army shall use the prior year unobligated balance of
$1,500,000 from the Waterbury Dam repairs project for the Lake
Champlain Watershed project.
Of the funds provided under this heading in title I of Public Law
109-103, $56,046,000 are rescinded.
flood control, mississippi river and tributaries, arkansas, illinois,
kentucky, louisiana, mississippi, missouri, and tennessee
For expenses necessary for the flood damage reduction program for
the Mississippi River alluvial valley below Cape Girardeau, Missouri,
as authorized by law, $450,530,000, to remain available until expended,
of which such sums as are necessary to cover the Federal share of
operation and maintenance costs for inland harbors shall be derived
from the Harbor Maintenance Trust Fund: Provided, That the Chief of
Engineers is directed to use $15,000,000 of the funds provided herein
for design and real estate activities and pump supply elements for the
Yazoo Basin, Yazoo Backwater Pumping Plant, Mississippi: Provided
further, That the Secretary of the Army, acting through the Chief of
Engineers is directed to use $14,000,000 appropriated herein for
construction of water withdrawal features of the Grand Prairie,
Arkansas, project.
operation and maintenance
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law, for
providing security for infrastructure owned and operated by, or on
behalf of, the United States Army Corps of Engineers (the ``Corps''),
including administrative buildings and facilities, and laboratories,
and the Washington Aqueduct; for the maintenance of harbor channels
provided by a State, municipality, or other public agency that serve
essential navigation needs of general commerce, where authorized by
law; and for surveys and charting of northern and northwestern lakes
and connecting waters, clearing and straightening channels, and removal
of obstructions to navigation, $2,030,000,000, to remain available
until expended, of which such sums as are necessary to cover the
Federal share of operation and maintenance costs for coastal harbors
and channels, and inland harbors shall be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662 may be derived
from that fund, as amended; of which such sums as become available from
the special account for the Corps established by the Land and Water
Conservation Act of 1965, as amended (16 U.S.C. 460l-6a(i)), may be
derived from that account for resource protection, research,
interpretation, and maintenance activities related to resource
protection in the areas at which outdoor recreation is available; and
of which such sums as become available under section 217 of the Water
Resources Development Act of 1996, Public Law 104-303, shall be used to
cover the cost of operation and maintenance of the dredged material
disposal facilities for which fees have been collected: Provided, That
utilizing funds appropriated herein, for the Intracoastal Waterway,
Delaware River to Chesapeake Bay, Delaware and Maryland, the Chief of
Engineers, is directed to reimburse the State of Delaware for normal
operation and maintenance costs incurred by the State of Delaware for
the SR1 Bridge from station 58+00 to station 293+00 between October 1,
2005, and September 30, 2006: Provided further, That the Chief of
Engineers using $500,000 of the funds made available, herein is
authorized to complete, at full Federal expense, a detailed evaluation
of the Albuquerque levees for purposes of determining structural
integrity, impacts of vegetative growth, and performance under current
hydrological conditions.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and other
natural disasters and support emergency operations, repairs, and other
activities in response to flood and hurricane emergencies, as
authorized by law, $32,000,000, to remain available until expended.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $168,000,000, to remain
available until expended.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $140,000,000, to remain available until
expended.
general expenses
For expenses necessary for general administration and related civil
works functions in the headquarters of the United States Army Corps of
Engineers, the offices of the Division Engineers, the Humphreys
Engineer Center Support Activity, the Institute for Water Resources,
the United States Army Engineer Research and Development Center, and
the United States Army Corps of Engineers Finance Center, $164,000,000,
to remain available until expended: Provided, That no part of any other
appropriation provided in title I of this Act shall be available to
fund the civil works activities of the Office of the Chief of Engineers
or the civil works executive direction and management activities of the
division offices.
office of assistant secretary of the army (civil works)
No funds have been provided for the Office of the Assistant
Secretary of the Army (Civil Works).
administrative provision
Appropriations in this title shall be available for official
reception and representation expenses (not to exceed $5,000); and
during the current fiscal year the Revolving Fund, Corps of Engineers,
shall be available for purchase (not to exceed 100 for replacement
only) and hire of passenger motor vehicles.
general provisions, corps of engineers--civil
Sec. 101. (a) None of the funds provided in title I of this Act
shall be available for obligation or expenditure through a
reprogramming of funds that--
(1) creates or initiates a program, project or activity;
(2) General investigations.--Reprogramming a cumulative
total of 50 percent or $1,000,000, whichever is less, is
permitted for each study, program or activity in this account
unless prior approval is received from the House and Senate
Committees on Appropriations: Provided, That the Committee does
not object to reprogramming up to $50,000 to any continuing
study or program that did not receive an appropriation in the
current year;
(3) Construction, general.--Reprogramming a cumulative
total of 50 percent or $3,000,000, whichever is less, is
permitted for each study, program or activity in this account
unless prior approval is received from the House and Senate
Committees on Appropriations: Provided, That the Committee does
not object to reprogramming up to $300,000 to any continuing
project or program that did not receive an appropriation in the
current year;
(4) Operation and maintenance.--Unlimited reprogramming
authority is granted in order for the Corps to be able to
respond to emergencies: Provided, That the Chief of Engineers
must notify the House and Senate Committees on Appropriations
of these emergency actions as soon thereafter as practicable:
Provided further, That for all other situations, reprogramming
a cumulative total of 50 percent or $5,000,000, whichever is
less, is permitted for each study, program or activity in this
account unless prior approval is received from the House and
Senate Committees on Appropriations: Provided further, That the
Committee does not object to reprogramming up to $500,000 to
any continuing project or program that did not receive an
appropriation in the current year;
(5) Mississippi river and tributaries.--The same
reprogramming guidelines for the General Investigations,
Construction, General and Operation and Maintenance portions of
the Mississippi River and Tributaries Account as listed above.
(6) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted unless prior approval is received from the
House and Senate Committees on Appropriations.
(b) Continuing Authorities Program.--No funds shall be reprogrammed
into or out of section 205 of the Flood Control Act of 1948; section 14
of the Flood Control Act of 1946; section 208 of the Flood Control Act
of 1954; section 107 of the River and Harbor Act of 1960; section 103
of the River and Harbor Act of 1962; section 111 of the River and
Harbor Act of 1968; section 1135 of the Water Resources Development Act
of 1986; section 206 of the Water Resources Development Act of 1996;
sections 204 and 207 of the Water Resources Development Act of 1992 or
section 933 of the Water Resources Development Act of 1986: Provided,
That unlimited reprogramming is permitted within any of the Continuing
Authorities Programs Sections listed above.
Sec. 102. Beginning in fiscal year 2006 and thereafter, agreements
proposed for execution by the Assistant Secretary of the Army for Civil
Works or the United States Army Corps of Engineers after the date of
the enactment of this Act pursuant to section 4 of the River and Harbor
Act of 1915, Public Law 64-291; section 11 of the River and Harbor Act
of 1925, Public Law 68-585; the Civil Functions Appropriations Act,
1936, Public Law 75-208; section 215 of the Flood Control Act of 1968,
as amended, Public Law 90-483; sections 104, 203, and 204 of the Water
Resources Development Act of 1986, as amended, Public Law 99-662;
section 206 of the Water Resources Development Act of 1992, as amended,
Public Law 102-580; section 211 of the Water Resources Development Act
of 1996, Public Law 104-303; and any other specific project authority,
shall be limited to total credits and reimbursements for all applicable
projects not to exceed $100,000,000 in each fiscal year.
Sec. 103. None of the funds appropriated in this or any other Act
shall be used to demonstrate or implement any plans divesting or
transferring any Civil Works missions, functions, or responsibilities
of the United States Army Corps of Engineers to other government
agencies without specific direction in a subsequent Act of Congress.
Sec. 104. St. Georges Bridge, Delaware.--None of the funds made
available in this Act may be used to carry out any activity relating to
closure or removal of the St. Georges Bridge across the Intracoastal
Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland,
including a hearing or any other activity relating to preparation of an
environmental impact statement concerning the closure or removal.
Sec. 105. Within 75 days of the date of the Chief of Engineers
Report on a water resource matter, the Assistant Secretary of the Army
(Civil Works) shall submit the report to the appropriate authorizing
and appropriating committees of the Congress.
Sec. 106. Water Reallocation, Lake Cumberland, Kentucky. (a) In
General.--Subject to subsection (b), none of the funds made available
by this Act may be used to carry out any water reallocation project or
component under the Wolf Creek Project, Lake Cumberland, Kentucky,
authorized under the Act of June 28, 1938 (52 Stat. 1215, chapter 795)
and the Act of July 24, 1946 (60 Stat. 636, chapter 595).
(b) Existing Reallocations.--Subsection (a) shall not apply to any
water reallocation for Lake Cumberland, Kentucky, that is carried out
subject to an agreement or payment schedule in effect on the date of
enactment of this Act.
Sec. 107. The project for flood control at Milton, West Virginia,
authorized by section 580 of the Water Resources Development Act of
1996 (110 Stat. 3790), as modified by section 340 of the Water
Resources Development Act of 2000 (114 Stat. 2612), is modified to
authorize the Secretary to construct the project substantially in
accordance with the draft report of the Corps of Engineers dated April
2006, at an estimated total cost of $45,500,000, with an estimated
Federal cost of $34,125,000 and an estimated non-Federal cost of
$11,375,000.
Sec. 108. Using amounts available in the Revolving Fund, the
Secretary of the Army is authorized to construct a new Environmental
Laboratory and improvements to the Information Technology Laboratory at
the Engineer Research and Development Center in Vicksburg, Mississippi:
Provided, That the Secretary shall ensure that the Revolving Fund is
appropriately reimbursed from appropriations of the Corps' benefiting
programs by collection each year of amounts sufficient to repay the
capitalized cost of such construction and improvements.
Sec. 109. The Secretary of the Army may enter into cooperative
agreements with any Indian Tribe whose lands are located in New Mexico
and occupied by a flood control project owned and operated by the Corps
of Engineers, to assist in carrying out Operation and Maintenance
activities associated with such project.
Sec. 110. Notwithstanding section 729 of the Water Resources
Development Act of 1986, as amended (33 U.S.C. 2267a), the Secretary
shall credit toward the non-Federal share of the cost of the Rio Grande
Basin Watershed Study, New Mexico, Colorado and Texas, the cost of in-
kind services contributed by the New Mexico Interstate Stream
Commission for the Study up to the full amount of the required non-
Federal share, in accordance with the Agreement between the Commission
and the Department of the Army dated December 3, 2001 as modified on
January 14, 2002.
Sec. 111. Section 121 of the Energy and Water Development
Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2256) is
amended by striking subsection (a) and inserting the following:
``(a) The Secretary of the Army may carry out and fund planning
studies, watershed surveys and assessments, or technical studies at 100
percent Federal expense to accomplish the purposes of the 2003
Biological Opinion described in section 205(b) of the Energy and Water
Development Appropriations Act, 2005 (Public Law 108-447; 118 Stat.
2949) as amended by subsection (b). In carrying out a study, survey, or
assessment under this subsection the Secretary shall consult with
Federal, State, tribal and local governmental entities, as well as
entities participating in the Middle Rio Grande Endangered Species
Collaborative Program referred to in section 205 of the Energy and
Water Development Appropriations Act, 2007. The Secretary may also
provide planning and administrative assistance to the Middle Rio Grande
Endangered Species Collaborative Program, which assistance shall not be
subject to cost sharing requirements with non-Federal interests.''.
Sec. 112. Nothing in this Act or any other Act shall be construed
to require a specific deadline for implementation of 33 CFR 222.5(f)(2)
and (3).
Sec. 113. The project for flood damage reduction, Rio de Flag,
Flagstaff, Arizona, authorized in section 101(b)(3) of the Water
Resources Development Act, 2000, is modified to authorize the Secretary
to construct the project, at a total cost of $54,130,000, with an
estimated Federal cost of $34,970,000, and an estimated non-Federal
cost of $19,160,000.
Sec. 114. Section 582(c)(2) of the Water Resources Development Act
of 1999 (Public Law 106-53) is modified by striking ``$1,000,000'' and
inserting ``$2,000,000'', in lieu thereof.
Sec. 115. The project for flood control, Santa Ana River Mainstem,
including Santiago Creek, California, authorized by section 401(a) of
the Water Resources Development Act of 1986 (Public Law 99-662),
modified by section 104 of the Energy and Water Development
Appropriations Act, 1988 (Public Law 100-202), and by section 309 of
the Water Resources Development Act of 1996 (Public Law 104-303), is
further modified to authorize the Chief of Engineers to carry out the
project at a total cost of $1,800,000,000.
Sec. 116. The project for flood damage reduction and recreation,
Upper Guadalupe River, California, authorized by section 101(a)(9) of
the Water Resources Development Act of 1999 (113 Stat. 275), is
modified to authorize the Secretary to construct the project generally
in accordance with the Upper Guadalupe River Flood Damage Reduction,
San Jose, California, Limited Reevaluation Report, dated March 2004, at
a total cost of $244,500,000, with an estimated Federal cost of
$130,600,000 and an estimated non-Federal cost of $113,900,000.
Sec. 117. The Secretary of the Army, acting through the Chief of
Engineers, is directed to convey at no cost, lands to Tate County
School District, Tate County, Mississippi, the transfer of any real
property interests, not to exceed 50 acres, at Arkabutla Lake deemed
available by the Army that is located adjacent to school district
property in the vicinity of State Highway 306 west of Coldwater,
Mississippi. Such transfer shall be subject to the reservation of any
required flowage easements for the operation of Arkabutla Lake and
which preclude structures for human habitation. This property shall be
used by the Tate County School District for public educational
purposes.
Sec. 118. Section 219(f) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 335-337; 114 Stat. 2763A-220-221) is
amended by adding at the end the following--
``(72) Clark county, nevada.--$50,000,000 for wastewater
infrastructure, Clark County, Nevada.
``(73) Henderson, nevada.--$15,000,000 for wastewater
infrastructure, Henderson, Nevada.''.
Sec. 119. Devils Lake, North Dakota. (a) Funding.--The matter under
the heading ``Construction, General'' in title I of the Energy and
Water Development Appropriations Act, 2003 (117 Stat. 134), is amended
by striking ``as provided herein'' and all that follows through
``Sheyenne River'' and inserting ``, of which $4,972,000 shall be used
to provide a municipal water supply system for Devils Lake, North
Dakota in accordance with section 598 of the Water Resources Act of
1999''.
(b) Municipal Water Supply System.--
(1) In general.--The Water Resources Development Act of
1999 (Public Law 106-53; 113 Stat. 269) is amended by inserting
after section 597 the following:
``SEC. 598. DEVILS LAKE, NORTH DAKOTA.
``(a) Definition of Project.--In this section, the term `project'
means a project to provide a continued safe and reliable municipal
water supply system for Devils Lake, North Dakota.
``(b) Project Cooperation Agreement.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall enter into a project cooperation agreement with the non-
Federal interest to provide assistance in designing and
constructing the project.
``(2) Responsibility for design work.--At the option of the
non-Federal interest, the non-Federal interest may complete the
design work for the project.
``(3) NEPA.--The Secretary shall comply with all applicable
requirements under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) before beginning construction on
the project.
``(4) Requirements.--The project cooperation agreement
entered into under this subsection shall provide for--
``(A) the development by local officials of a water
supply project and related facilities, and if the non-
Federal interest elects to complete the design work for
the project, appropriate engineering plans and
specifications; and
``(B) the establishment of such legal and
institutional structures as are necessary to ensure the
effective long-term operation of the project by the
non-Federal interest.
``(5) Cost sharing.--
``(A) In general.--The project cooperation
agreement shall provide that the Federal share of the
cost of the project--
``(i) shall be 75 percent; and
``(ii) may be in the form of grants or
reimbursements of project costs.
``(B) Credit for design and engineering work.--The
non-Federal interest shall receive credit, not to
exceed 6 percent of the total construction costs of
design and engineering work completed by the non-
Federal interest before entering into a project
cooperation agreement with the Secretary under this
subsection for the project.
``(C) Credit for land, easements, and rights-of-
way.--The non-Federal interest shall receive credit,
not to exceed 25 percent of the total cost of the
project, for lands, easements, rights-of-way, and
relocations toward the non-Federal share of project
costs (including all reasonable costs associated with
obtaining permits necessary for the construction,
operation, and maintenance of the project on publicly
owned or controlled land).
``(D) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for the
project shall be 100 percent.''.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $15,000,000, to remain
available until expended.
Sec. 120. The Secretary of the Army, acting through the Chief of
Engineers, is directed to fully utilize the Federal dredging fleet in
support of all Army Corps of Engineers missions and no restrictions
shall be placed on the use or maintenance of any dredge in the Federal
Fleet.
Sec. 121. The Secretary of the Army, acting through the Chief of
Engineers, is directed to maintain the Federal dredging fleet to
technologically modern and efficient standards.
Sec. 122. The Secretary of the Army, acting through the Chief of
Engineers is directed to utilize funds from the revolving fund to
expeditiously undertake necessary health and safety improvements to the
dredge ``McFarland'': Provided, That the Secretary shall ensure that
the Revolving Fund is appropriately reimbursed from appropriations of
the Corps' benefiting programs by collection each year of amounts
sufficient to repay the capitalized cost of such construction and
improvements.
Sec. 123. The Secretary of the Army is authorized to use funds
appropriated under the Missouri River Recovery and Mitigation Program
to assist the Bureau of Reclamation in the design and construction of
facilities of the Bureau of Reclamation's Lower Yellowstone Project
near Intake, Montana, for the purpose of ecosystem restoration; and if
appropriate may transfer such funds to the Bureau of Reclamation, which
shall use such transferred funds for such purposes.
Sec. 124. The U.S. Army Corps of Engineers' share of the total cost
for projects and activities authorized under 16 U.S.C. 410-r-8 shall be
limited to $34,650,000.
Sec. 125. Sections 106 and 108 under title I of Public Law 109-103
are repealed.
Sec. 126. Section 227 of Public Law 104-303 is modified as follows:
(1) Section 5(a) is amended by striking ``7'', and
inserting ``12'' in lieu thereof; and
(2) section 5(e)(2) is amended by striking ``$25,000,000'',
and inserting ``$40,000,000'' in lieu thereof.
Sec. 127. All budget documents and justification materials for the
Corps of Engineers annual budget submission to Congress shall be
assembled and presented based on the most recent annual appropriations
Act: Provided, That new budget proposals for fiscal year 2008 and
thereafter, shall not be integrated into the budget justifications
submitted to Congress but shall be submitted separately from the budget
justifications documents.
Sec. 128. Connecticut River Watershed Study, New Hampshire,
Connecticut, Massachusetts, and Vermont.--Notwithstanding section 221
of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), The Nature
Conservancy may act as the non-Federal interest for purposes of
carrying out the work detailed in the agreement executed between The
Nature Conservancy and the Department of the Army on August 5, 2005.
Sec. 129. The last sentence of section 215(a) of the Flood Control
Act of 1968 (42 U.S.C. 1962d-5a(a)) is amended by striking
``$5,000,000'' and inserting ``$7,000,000''.
Sec. 130. Johnson Creek, Arlington, Texas. (a) In General.--The
project for flood damage reduction, environmental restoration and
recreation, Johnson Creek, Arlington, Texas, authorized by section
101(b)(14) of the Water Resources Development Act of 1999 (113 Stat.
280-281) is modified to authorize the Secretary to construct the
project substantially in accordance with the report entitled Johnson
Creek: A Vision of Conservation, dated March 30, 2006, at a total cost
of $80,000,000, with an estimated Federal cost of $52,000,000 and an
estimated non-Federal cost of $28,000,000 if the Secretary determines
that the project is technically sound and environmentally acceptable.
(b) Non-Federal Share.--
(1) In general.--The non-Federal share of the cost of the
project may be provided in cash or in the form of in-kind
services or materials.
(2) Credit and reimbursement.--The Secretary shall credit
toward the non-Federal share of the cost of the project the
cost of planning, design, and construction work carried out by
the non-Federal interest for implementation of the project, if
the Secretary determines that the work is integral to the
project. Subject to the availability of funds, the non- Federal
interest shall be reimbursed for costs incurred by the non-
Federal interest that exceed the non-Federal share of project
costs.
(c) Conforming Amendment.--Section 134 of the Energy and Water
Development Appropriations Act, 2006 (119 Stat. 2264) is repealed.
Sec. 131. McAlpine Lock and Dam, Indiana and Kentucky. Section
101(a)(10) of the Water Resources Development Act of 1990, Public Law
101-640, is amended by striking both occurrences of ``$219,600,000''
and inserting in their place ``$430,000,000''.
Sec. 132. Authority to Waive Annual Limitation on Total
Compensation Paid to Federal Civilian Employees. (a) Waiver
Authority.--During 2006 and notwithstanding section 5547 of title 5,
United States Code, the secretary of a military department may waive,
subject to subsection (b), the limitation established in that section
for total compensation (including limitations on the aggregate of basic
pay and premium pay payable in a calendar year) of an employee who
performs work in connection with an emergency that involves a direct
threat to life or property, including work performed in the aftermath
of such an emergency.
(b) $200,000 Maximum Total Compensation.--The total compensation of
an employee whose pay is covered by a waiver under subsection (a) may
not exceed $200,000 in a calendar year.
(c) Additional Pay Not Considered Basic Pay.--To the extent that a
waiver under subsection (a) results in payment of additional premium
pay of a type that is normally creditable as basic pay for retirement
or any other purpose, such additional pay--
(1) shall not be considered to be basic pay for any
purpose; and
(2) shall not be used in computing a lump sum payment for
accumulated and accrued annual leave under section 5551 of
title 5, United States Code.
Sec. 133. The Secretary is authorized and directed to reimburse
local governments for expenses they have incurred in storm-proofing
pumping stations, constructing safe houses for operators, and other
interim flood control measures in and around the New Orleans
metropolitan area, provided the Secretary determines those elements of
work and related expenses to be integral to the overall plan to ensure
operability of the stations during hurricanes, storms and high water
events and the flood control plan for the area.
Sec. 134. Section 101(a)(5) of the Water Resources Development Act
of 1996 (110 Stat. 3663) is amended--
(1) by inserting ``(A) In General.--'' before ``The''; and
(2) by adding at the end the following:
``(B) Credit Toward Non-Federal Share.--The
Secretary shall credit toward the non-Federal share of
the project the costs expended by non-Federal interests
for the replacement and reconstruction of the Soquel
Avenue Bridge, if the Secretary determines that the
work is integral to the project.
``(C) Maximum Amount of Credit.--The credit under
paragraph (B) may not exceed $2,000,000.
``(D) Limitation of Total Project Cost.--The
Secretary shall not include the costs to be credited
under paragraphs (B) and (C) in total project costs in
determining the amounts of the Federal and non-Federal
contributions.''.
Sec. 135. Missouri and Middle Mississippi Rivers Enhancement
Project. Section 514(g) of the Water Resources Development Act of 1999
(Public Law 106-53) is amended by striking the words ``for the period
of fiscal years 2000 and 2001.'' and inserting in lieu thereof ``per
year, and that authority shall extend until Federal fiscal year
2015.''.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $38,552,000, to remain available until expended, of
which $965,000 shall be deposited into the Utah Reclamation Mitigation
and Conservation Account for use by the Utah Reclamation Mitigation and
Conservation Commission.
In addition, for necessary expenses incurred in carrying out
related responsibilities of the Secretary of the Interior, $1,603,000,
to remain available until expended.
For fiscal year 2007, the Commission may use an amount not to
exceed $1,500,000 for administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfer of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, Indian tribes, and others,
$888,994,000, to remain available until expended, of which $64,878,000
shall be available for transfer to the Upper Colorado River Basin Fund
and $27,552,000 shall be available for transfer to the Lower Colorado
River Basin Development Fund; of which such amounts as may be necessary
may be advanced to the Colorado River Dam Fund; of which not more than
$500,000 is for high priority projects which shall be carried out by
the Youth Conservation Corps, as authorized by 16 U.S.C. 1706:
Provided, That such transfers may be increased or decreased within the
overall appropriation under this heading: Provided further, That of the
total appropriated, the amount for program activities that can be
financed by the Reclamation Fund or the Bureau of Reclamation special
fee account established by 16 U.S.C. 460l-6a(i) shall be derived from
that Fund or account: Provided further, That funds contributed under 43
U.S.C. 395 are available until expended for the purposes for which
contributed: Provided further, That funds advanced under 43 U.S.C. 397a
shall be credited to this account and are available until expended for
the same purposes as the sums appropriated under this heading: Provided
further, That funds available for expenditure for the Departmental
Irrigation Drainage Program may be expended by the Bureau of
Reclamation for site remediation on a non-reimbursable basis: Provided
further, That the Bureau of Reclamation is authorized to determine the
feasibility of rehabilitating the St. Mary Diversion and Conveyance
Works in order to provide for sustained environmental and economic
benefit within the St. Mary and Milk River Basins; and to develop an
emergency response plan, in the case of a catastrophic failure of the
St. Mary Diversion and Conveyance Works: Provided further, That the
costs related to this feasibility study shall be expended on a non-
reimbursable basis: Provided further, That the Bureau of Reclamation is
authorized to analyze, review, and enhance current cost and design
estimates for the repair of the inlet and outlet canals of the Jackson
Gulch, Mancos Project: Provided further, That the Federal share of the
cost of the studies carried out under this section shall be expended on
a non-reimbursable basis.
central valley project restoration fund
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, $41,478,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration Fund
pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of
Public Law 102-575, to remain available until expended: Provided, That
the Bureau of Reclamation is directed to assess and collect the full
amount of the additional mitigation and restoration payments authorized
by section 3407(d) of Public Law 102-575: Provided further, That none
of the funds made available under this heading may be used for the
acquisition or leasing of water for in-stream purposes if the water is
already committed to in-stream purposes by a court adopted decree or
order.
california bay-delta restoration
(including transfer of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans
to be approved by the Secretary of the Interior, $38,610,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further, That
the use of any funds provided to the California Bay-Delta Authority for
program-wide management and oversight activities shall be subject to
the approval of the Secretary of the Interior: Provided further, That
CALFED implementation shall be carried out in a balanced manner with
clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For necessary expenses of policy, administration, and related
functions in the office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until expended, $58,069,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provisions
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed 14 passenger motor vehicles, of which 11 are
for replacement only.
General Provisions, Department of the Interior
Sec. 201. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of
California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator
of the Environmental Protection Agency, to minimize any detrimental
effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program-
Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 202. None of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the salaries and
expenses of personnel to purchase or lease water in the Middle Rio
Grande or the Carlsbad Projects in New Mexico unless said purchase or
lease is in compliance with the purchase requirements of section 202 of
Public Law 106-60.
Sec. 203. Funds under this title for Drought Emergency Assistance
shall be made available primarily for leasing of water for specified
drought related purposes from willing lessors, in compliance with
existing State laws and administered under State water priority
allocation. Such leases may be entered into with an option to purchase:
Provided, That such purchase is approved by the State in which the
purchase takes place and the purchase does not cause economic harm
within the State in which the purchase is made.
Sec. 204. The Secretary of the Interior, acting through the
Commissioner of the Bureau of Reclamation, is authorized to enter into
grants, cooperative agreements, and other agreements with irrigation or
water districts and States to fund up to 50 percent of the cost of
planning, designing, and constructing improvements that will conserve
water, increase water use efficiency, or enhance water management
through measurement or automation, at existing water supply projects
within the States identified in the Act of June 17, 1902, as amended,
and supplemented: Provided, That when such improvements are to
federally owned facilities, such funds may be provided in advance on a
non-reimbursable basis to an entity operating affected transferred
works or may be deemed non-reimbursable for non-transferred works:
Provided further, That the calculation of the non-Federal contribution
shall provide for consideration of the value of any in-kind
contributions, but shall not include funds received from other Federal
agencies: Provided further, That the cost of operating and maintaining
such improvements shall be the responsibility of the non-Federal
entity: Provided further, That this section shall not supercede any
existing project-specific funding authority: Provided further, That the
Secretary is also authorized to enter into grants or cooperative
agreements with universities or non-profit research institutions to
fund water use efficiency research.
Sec. 205. (a) Section 209 of the Energy and Water Development
Appropriations Act, 2004 (Public Law 108-137; 117 Stat. 1850) is
repealed.
(b) The Secretary of the Interior (referred to in this section as
the ``Secretary'') shall establish an Executive Committee of the Middle
Rio Grande Endangered Species Collaborative Program (referred to in
this section as the ``Executive Committee'') consistent with section 5
of the bylaws of the Middle Rio Grande Endangered Species Collaborative
Program adopted on June 9, 2006.
(c) In compliance with applicable Federal and State laws, the
Secretary (acting through the Commissioner of Reclamation), in
collaboration with the Executive Committee, may enter into any grants,
contracts, cooperative agreements, interagency agreements, or other
agreements that the Secretary determines to be necessary to comply with
the 2003 Biological Opinion described in section 205(b) of the Energy
and Water Development Appropriations Act, 2005 (Public Law 108-447; 118
Stat. 2949) as amended by section 121(b) of the Energy and Water
Development Appropriations Act, 2006 (Public Law 109-103; 119 Stat.
2256).
(d)(1) The acquisition of water under subsection (c) and any
administrative costs associated with carrying out subsection (c) shall
be at full Federal expense.
(2) Not more than 15 percent of amounts appropriated to carry out
subsection (c) shall be made available for the payment of
administrative expenses associated with carrying out that subsection.
(e)(1) The non-Federal share of activities carried out under
subsection (c) (other than an activity or a cost described in
subsection (d)(1)) shall be 25 percent. The non-Federal cost share
shall be determined on a programmatic, rather than a project-by-project
basis.
(2) The non-Federal share required under paragraph (1) may be in
the form of in-kind contributions, the value of which shall be
determined by the Secretary.
(f) Nothing in this section modifies or expands the discretion of
the Secretary with respect to operating reservoir facilities under the
jurisdiction of the Secretary in the Rio Grande Valley, New Mexico.
Sec. 206. In furtherance of section 529 of Public Law 106-541, the
Secretary of the Interior shall continue to participate in
implementation of the Project at Las Vegas Wash and Lake Mead in
accordance with the Plan, and may provide grants to the Southern Nevada
Water Authority to carry out the implementation of the Project at Las
Vegas Wash and Lake Mead in accordance with the Plan: Provided, That
issuance of any such grants shall not modify the cost sharing
requirements provided in section 529(b) of Public Law 106-541.
Sec. 207. Restoration of Fish, Wildlife, and Associated Habitats in
Watersheds of Certain Lakes. In carrying out section 2507 of Public Law
107-171, the Secretary of the Interior, acting through the Commissioner
of Reclamation, shall use $5,000,000 to provide grants, to be divided
equally, to the State of Nevada, the State of California, the Federal
Watermaster, the Truckee Meadows Water Authority, and the Pyramid Lake
Paiute Tribe, to implement the Truckee River Settlement Act, Public Law
101-618.
Sec. 208. All American Canal Projects. Public Law 100-675 (102
Stat. 4000 et seq.) is amended by adding at the end the following new
section:
``SEC. 211. ALL AMERICAN CANAL PROJECTS.
``(a) Notwithstanding any other provision of law, upon enactment of
this subsection, the Secretary shall without delay implement the All
American Canal Lining Project identified as the preferred alternative
in the Record of Decision dated July 29, 1994, and as defined in the
Allocation Agreement allocating water from the All American Canal
Lining Project entered into as of October 10, 2003. If a State conducts
a review or study of the implications of the All American Canal Lining
Project as implemented, then upon request from the Governor of said
State, the Commissioner of Reclamation shall cooperate, to the extent
practicable, in such review or study: Provided, That in no event shall
the review or study delay implementation of the All American Canal
Lining Project.
``(b) Notwithstanding any other provision of law, upon enactment of
this subsection, the Secretary shall, pursuant to authority granted by
the Act of January 21, 1927 (44 Stat. 1010 et seq.), as amended by the
Act of July 1, 1940 (54 Stat. 708), the Act of June 28, 1946 (60 Stat.
338), and the Act of May 1, 1958 (72 Stat. 101), without delay proceed
to design and provide for the construction, operation and maintenance
of a regulated water storage facility, including all incidental works
that are reasonably necessary to operate the storage facility, to
provide additional storage capacity to reduce non-storable flows on the
Colorado River below Parker Dam. The storage facility shall be located
near or on the All American Canal, including all incidental works.
``(c) The Treaty between the United States of America and the
Republic of Mexico relating to Utilization of the Waters of the
Colorado and Tijuana Rivers and of the Rio Grande, Treaty Series 994
(59 Stat. 1219), is the exclusive authority for identifying,
considering, analyzing, or addressing impacts occurring outside the
boundary of the United States of works constructed, acquired or used
within the territorial limits of the United States.''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Supply and Conservation
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy supply and energy conservation activities
in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $2,294,053,000, to remain
available until expended: Provided, That $300,000,000 is authorized to
be appropriated for the Advanced Fuel Cycle Initiative and that
$500,000,000 is authorized to be appropriated for nuclear energy
research and development activities within the Department of Energy.
Clean Coal Technology
(deferral and rescission and transfer)
Of the funds made available under this heading for obligation in
prior years, $203,000,000 shall not be available until October 1, 2007:
Provided, That funds made available in previous appropriations Acts
shall be made available for any ongoing project regardless of the
separate request for proposal under which the project was selected:
Provided further, That $50,000,000 of uncommitted balances is
rescinded.
Fossil Energy Research and Development
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (Public Law 95-91), including the acquisition of
interest, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or
expansion, and for conducting inquiries, technological investigations
and research concerning the extraction, processing, use, and disposal
of mineral substances without objectionable social and environmental
costs (30 U.S.C. 3, 1602, and 1603), $644,267,000, to remain available
until expended, of which $54,000,000 shall be derived by transfer from
``Clean Coal Technology'' and is available to continue a multi-year
project coordinated with the private sector for FutureGen, without
regard to the terms and conditions applicable to clean coal technology
projects: Provided, That the initial planning and research stages of
the FutureGen project shall include a matching requirement from non-
Federal sources of at least 20 percent of the costs: Provided further,
That any demonstration component of such project shall require a
matching requirement from non-Federal sources of at least 50 percent of
the costs of the component: Provided further, That of the amounts
provided, $70,000,000 is available, after coordination with the private
sector, for a request for proposals for the Clean Coal Power Initiative
in accordance with sections 401 and 402 of Public Law 109-58: Provided
further, That funds appropriated for prior solicitations under the
Clean Coal Technology Program, Power Plant Improvement Initiative, and
Clean Coal Power Initiative, but not required by the Department to meet
its obligations on projects selected under such solicitations, may be
utilized for the solicitation under this Act in accordance with the
requirements of this Act rather than the Acts under which the funds
were appropriated: Provided further, That no project may be selected
for which full funding is not available to provide for the total
project: Provided further, That if applications selected for
negotiation under this Act, are not awarded within two years from the
date the application was selected, negotiations shall cease and the
Federal funds committed to the application shall be applied to the next
round of the Clean Coal Power Initiative, except that the time limits
may be extended at the Secretary's discretion for matters outside the
control of the applicant, or if the Secretary determines that extension
of the time limits are in the public interest: Provided further, That
the Department shall not finance more than 50 percent of the total
costs of a project as estimated by the Department as of the date of
award of financial assistance: Provided further, That financial
assistance for costs in excess of those estimated as of the date of
award of original financial assistance may not be provided in excess of
the proportion of costs borne by the Government in the original
agreement and only up to 25 percent of the original financial
assistance: Provided further, That at least 50 percent cost-sharing
shall be required in each budget period of a project: Provided further,
That other appropriated funds are not cost-sharing for the purposes of
this appropriation: Provided further, That funds derived by the
Tennessee Valley Authority from its power program shall be considered
as eligible to meet cost-sharing requirements except to the extent that
such funds are provided by annual appropriations Acts: Provided
further, That funds provided for Clean Coal Power Initiative
cooperative agreements awarded pursuant to this Act shall not be
subject to repayment in accordance with section 988 of Public Law 109-
58: Provided further, That no funds are appropriated hereunder to
support centers for excellence under section 404 of Public Law 109-58:
Provided further, That no part of the sum herein made available shall
be used for the field testing of nuclear explosives in the recovery of
oil and gas: Provided further, That up to 4 percent of program
direction funds available to the National Energy Technology Laboratory
may be used to support Department of Energy activities not included in
this account: Provided further, That for fiscal year 2007 salaries for
Federal employees performing research and development activities at the
National Energy Technology Laboratory can continue to be funded from
program accounts: Provided further, That the Secretary of Energy is
authorized to accept fees and contributions from public and private
sources, to be deposited in a contributed funds account, and prosecute
projects using such fees and contributions in cooperation with other
Federal, State, or private agencies or concerns: Provided further, That
revenues and other moneys received by or for the account of the
Department of Energy or otherwise generated by sale of products in
connection with projects of the Department appropriated under the
Fossil Energy Research and Development account may be retained by the
Secretary of Energy, to be available until expended, and used only for
plant construction, operation, costs, and payments to cost-sharing
entities as provided in appropriate cost-sharing contracts or
agreements.
Naval Petroleum and Oil Shale Reserves
For expenses necessary to carry out naval petroleum and oil shale
reserve activities, including the hire of passenger motor vehicles,
$39,810,000, to remain available until expended: Provided, That,
notwithstanding any other provision of law, unobligated funds remaining
from prior years shall be available for all naval petroleum and oil
shale reserve activities.
Strategic Petroleum Reserve
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities pursuant
to the Energy Policy and Conservation Act of 1975, as amended (42
U.S.C. 6201 et seq.), including the hire of passenger motor vehicles,
the hire, maintenance, and operation of aircraft, the purchase, repair,
and cleaning of uniforms, the reimbursement to the General Services
Administration for security guard services, $155,430,000, to remain
available until expended.
Northeast Home Heating Oil Reserve
For necessary expenses for Northeast Home Heating Oil Reserve
storage, operation, and management activities pursuant to the Energy
Policy and Conservation Act, $4,950,000, to remain available until
expended.
Energy Information Administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $93,032,000, to remain available until
expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of not to exceed six
passenger motor vehicles for replacement only, $310,358,000, to remain
available until expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For necessary expenses in carrying out uranium enrichment facility
decontamination and decommissioning, remedial actions, and other
activities of title II of the Atomic Energy Act of 1954, as amended,
and title X, subtitle A, of the Energy Policy Act of 1992,
$573,368,000, to be derived from the Fund, to remain available until
expended, of which $0 shall be available in accordance with title X,
subtitle A, of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not to exceed twenty-five passenger motor
vehicles for replacement only, $4,241,062,000, to remain available
until expended.
Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
the Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended
(the ``Act''), including the acquisition of real property or facility
construction or expansion, $136,420,000, to remain available until
expended, of which $136,000,000 shall be derived from the Nuclear Waste
Fund: Provided, That of the amounts provided, $10,000,000 shall be used
to promote the development of one or more Department of Energy
consolidation and preparation facilities for spent nuclear fuel at
locations that are both (i) away from civilian nuclear power reactors,
and (ii) in a State other than one in which there is located a site
that has been either recommended by the President for a permanent
repository for spent nuclear fuel and high-level radioactive waste, or
for which the Nuclear Regulatory Commission has authorized the
construction and operation of a commercial, away from reactor, dry
storage facility for spent nuclear fuel: Provided further, That of the
funds made available in this Act for Nuclear Waste Disposal, $2,000,000
shall be provided to the State of Nevada solely for expenditures, other
than salaries and expenses of State employees, to conduct scientific
oversight responsibilities and participate in licensing activities
pursuant to the Act: Provided further, That notwithstanding the lack of
a written agreement with the State of Nevada under section 117(c) of
the Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended,
not less than $500,000 shall be provided to Nye County, Nevada, for on-
site oversight activities under section 117(d) of that Act: Provided
further, That $7,500,000 shall be provided to affected units of local
government, as defined in the Act, to conduct appropriate activities
and participate in licensing activities: Provided further, That 7.5
percent of the funds provided shall be made available to affected units
of local government in California with the balance made available to
affected units of local government in Nevada for distribution as
determined by the Nevada units of local government: Provided further,
That notwithstanding the provisions of chapters 65 and 75 of title 31,
United States Code, the Department shall have no monitoring, auditing
or other oversight rights or responsibilities over amounts provided to
affected units of local government in this or any previous year:
Provided further, That the funds for the State of Nevada shall be made
available solely to the Nevada Division of Emergency Management by
direct payment and to units of local government by direct payment:
Provided further, That within 90 days of the completion of each Federal
fiscal year, the Nevada Division of Emergency Management and the
Governor of the State of Nevada and each of the affected units of local
government shall provide certification to the Department of Energy that
all funds expended from such payments have been expended for activities
authorized by the Act and this Act: Provided further, That failure to
provide such certification shall cause such entity to be prohibited
from any further funding provided for similar activities: Provided
further, That none of the funds herein appropriated may be: (1) used
directly or indirectly to influence legislative action, except for
normal and recognized executive-legislative communications, on any
matter pending before Congress or a State legislature or for lobbying
activity as provided in 18 U.S.C. 1913; (2) used for litigation
expenses; or (3) used to support multi-State efforts or other coalition
building activities inconsistent with the restrictions contained in
this Act: Provided further, That all proceeds and recoveries realized
by the Secretary in carrying out activities authorized by the Act,
including but not limited to, any proceeds from the sale of assets,
shall be available without further appropriation and shall remain
available until expended: Provided further, That no funds provided in
this Act or any previous Act may be used to pursue repayment or
collection of funds provided in any fiscal year to affected units of
local government for oversight activities that had been previously
approved by the Department of Energy, or to withhold payment of any
such funds.
Departmental Administration
(including transfer of funds)
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the hire of passenger motor vehicles and official reception
and representation expenses not to exceed $35,000, $281,382,000, to
remain available until expended, plus such additional amounts as
necessary to cover increases in the estimated amount of cost of work
for others notwithstanding the provisions of the Anti-Deficiency Act
(31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work
are offset by revenue increases of the same or greater amount, to
remain available until expended: Provided further, That moneys received
by the Department for miscellaneous revenues estimated to total
$123,000,000 in fiscal year 2007 may be retained and used for operating
expenses within this account, and may remain available until expended,
as authorized by section 201 of Public Law 95-238, notwithstanding the
provisions of 31 U.S.C. 3302: Provided further, That the sum herein
appropriated shall be reduced by the amount of miscellaneous revenues
received during 2007, and any related appropriated receipt account
balances remaining from prior years' miscellaneous revenues, so as to
result in a final fiscal year 2007 appropriation from the general fund
estimated at not more than $158,382,000.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $45,507,000, to remain available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
Weapons Activities
(including transfer of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion; and the purchase of
not to exceed 14 passenger motor vehicles, for replacement only,
including not to exceed two buses; $6,503,051,000, to remain available
until expended: Provided, That $112,422,000 is provided for the 04-D-
125 Chemistry and Metallurgy facility replacement project: Provided
further, That $7,000,000 is provide for project engineering and design
work on LANSCE-Replacement.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense, defense
nuclear nonproliferation activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $1,572,654,000, to remain available until expended.
Naval Reactors
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $795,133,000, to
remain available until expended.
Office of the Administrator
For necessary expenses of the Office of the Administrator in the
National Nuclear Security Administration, including official reception
and representation expenses not to exceed $12,000, $386,576,000, to
remain available until expended.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $5,479,070,000, to
remain available until expended: Provided, That any penalties assessed
for non-compliance with the Consent Order for the cleanup at Los Alamos
National Lab shall be assessed to the Program Direction account.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and the purchase of not to exceed ten passenger motor
vehicles for replacement only, $731,788,000, to remain available until
expended.
Defense Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
Public Law 97-425, as amended, including the acquisition of real
property or facility construction or expansion, $358,080,000, to remain
available until expended.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for the Lower
Granite Dam fish trap, the Chief Joseph Dam Hatchery, the Kootenai
River White Sturgeon Hatchery, the Nez Perce Tribal Hatchery, Redfish
Lake Sockeye Captive Brood expansion, and, in addition, for official
reception and representation expenses in an amount not to exceed
$1,500. During fiscal year 2007, no new direct loan obligations may be
made.
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of electric power and energy, including
transmission wheeling and ancillary services pursuant to section 5 of
the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the
southeastern power area, $5,723,000, to remain available until
expended: Provided, That, notwithstanding 31 U.S.C. 3302, up to
$34,392,000 collected by the Southeastern Power Administration pursuant
to the Flood Control Act of 1944 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures.
Operation and Maintenance, Southwestern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy, for
construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), as applied to the southwestern power
administration, $31,539,000, to remain available until expended:
Provided, That, notwithstanding 31 U.S.C. 3302, up to $40,600,000
collected by the Southwestern Power Administration pursuant to the
Flood Control Act to recover purchase power and wheeling expenses shall
be credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making purchase power
and wheeling expenditures.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, including official reception and representation
expenses in an amount not to exceed $1,500; $212,213,000, to remain
available until expended, of which $208,776,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That of the
amount herein appropriated, $6,892,000 is for deposit into the Utah
Reclamation Mitigation and Conservation Account pursuant to title IV of
the Reclamation Projects Authorization and Adjustment Act of 1992:
Provided further, That notwithstanding the provision of 31 U.S.C. 3302,
up to $274,852,000 collected by the Western Area Power Administration
pursuant to the Flood Control Act of 1944 and the Reclamation Project
Act of 1939 to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain available
until expended for the sole purpose of making purchase power and
wheeling expenditures.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $2,500,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 423 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
Federal Energy Regulatory Commission
salaries and expenses
For necessary expenses of the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5
U.S.C. 3109, the hire of passenger motor vehicles, and official
reception and representation expenses not to exceed $3,000,
$230,800,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, not to exceed $230,800,000
of revenues from fees and annual charges, and other services and
collections in fiscal year 2007 shall be retained and used for
necessary expenses in this account, and shall remain available until
expended: Provided further, That the sum herein appropriated from the
general fund shall be reduced as revenues are received during fiscal
year 2007 so as to result in a final fiscal year 2007 appropriation
from the general fund estimated at not more than $0.
GENERAL PROVISIONS, DEPARTMENT OF ENERGY
Sec. 301. Contract Competition. (a)(1) None of the funds in this or
any other appropriations Act for fiscal year 2007 or any previous
fiscal year may be used to make payments for a noncompetitive
management and operating contract unless the Secretary of Energy has
published in the Federal Register and submitted to the Committees on
Appropriations of the House of Representatives and the Senate a written
notification, with respect to each such contract, of the Secretary's
decision to use competitive procedures for the award of the contract,
or to not renew the contract, when the term of the contract expires.
(2) Paragraph (1) does not apply to an extension for up to 2 years
of a noncompetitive management and operating contract, if the extension
is for purposes of allowing time to award competitively a new contract,
to provide continuity of service between contracts, or to complete a
contract that will not be renewed.
(b) In this section:
(1) The term ``noncompetitive management and operating
contract'' means a contract that was awarded more than 50 years
ago without competition for the management and operation of
Ames Laboratory, Argonne National Laboratory, Lawrence Berkeley
National Laboratory, Lawrence Livermore National Laboratory,
and Los Alamos National Laboratory.
(2) The term ``competitive procedures'' has the meaning
provided in section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403) and includes procedures described in
section 303 of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 253) other than a procedure that
solicits a proposal from only one source.
(c) For all management and operating contracts other than those
listed in subsection (b)(1), none of the funds appropriated by this Act
may be used to award a management and operating contract, or award a
significant extension or expansion to an existing management and
operating contract, unless such contract is awarded using competitive
procedures or the Secretary of Energy grants, on a case-by-case basis,
a waiver to allow for such a deviation. The Secretary may not delegate
the authority to grant such a waiver. At least 60 days before a
contract award for which the Secretary intends to grant such a waiver,
the Secretary shall submit to the Committees on Appropriations of the
House of Representatives and the Senate a report notifying the
Committees of the waiver and setting forth, in specificity, the
substantive reasons why the Secretary believes the requirement for
competition should be waived for this particular award.
Sec. 302. Workforce Restructuring. None of the funds appropriated
by this Act may be used to--
(1) develop or implement a workforce restructuring plan
that covers employees of the Department of Energy; or
(2) provide enhanced severance payments or other benefits
for employees of the Department of Energy, under section 3161
of the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 42 U.S.C. 7274h).
Sec. 303. Section 3161 Assistance. None of the funds appropriated
by this Act may be used to augment the funds made available for
obligation by this Act for severance payments and other benefits and
community assistance grants under section 3161 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 42 U.S.C.
7274h) unless the Department of Energy submits a reprogramming request
to the appropriate congressional committees.
Sec. 304. Unfunded Requests for Proposals. None of the funds
appropriated by this Act may be used to prepare or initiate Requests
For Proposals (RFPs) for a program if the program has not been funded
by Congress.
Sec. 305. Unexpend Balances. The unexpended balances of prior
appropriations provided for activities in this Act may be available to
the same appropriation accounts for such activities established
pursuant to this title. Available balances may be merged with funds in
the applicable established accounts and thereafter may be accounted for
as one fund for the same time period as originally enacted.
Sec. 306. Bonneville Power Authority Service Territory. None of the
funds in this or any other Act for the Administrator of the Bonneville
Power Administration may be used to enter into any agreement to perform
energy efficiency services outside the legally defined Bonneville
service territory, with the exception of services provided
internationally, including services provided on a reimbursable basis,
unless the Administrator certifies in advance that such services are
not available from private sector businesses.
Sec. 307. User Facilities. When the Department of Energy makes a
user facility available to universities or other potential users, or
seeks input from universities or other potential users regarding
significant characteristics or equipment in a user facility or a
proposed user facility, the Department shall ensure broad public notice
of such availability or such need for input to universities and other
potential users. When the Department of Energy considers the
participation of a university or other potential user as a formal
partner in the establishment or operation of a user facility, the
Department shall employ full and open competition in selecting such a
partner. For purposes of this section, the term ``user facility''
includes, but is not limited to: (1) a user facility as described in
section 2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C.
13503(a)(2)); (2) a National Nuclear Security Administration Defense
Programs Technology Deployment Center/User Facility; and (3) any other
Departmental facility designated by the Department as a user facility.
Sec. 308. Intelligence Activities. Funds appropriated by this or
any other Act, or made available by the transfer of funds in this Act,
for intelligence activities are deemed to be specifically authorized by
the Congress for purposes of section 504 of the National Security Act
of 1947 (50 U.S.C. 414) during fiscal year 2007 until the enactment of
the Intelligence Authorization Act for fiscal year 2007.
Sec. 309. Laboratory Directed Research and Development. Of the
funds made available by the Department of Energy for activities at
government-owned, contractor-operator operated laboratories funded in
this Act or subsequent Energy and Water Development Appropriations
Acts, the Secretary may authorize a specific amount, not to exceed 8
percent of such funds, to be used by such laboratories for laboratory-
directed research and development: Provided, That the Secretary may
also authorize a specific amount not to exceed 4 percent of such funds,
to be used by the plant manager of a covered nuclear weapons production
plant or the manager of the Nevada Site Office for plant or site-
directed research and development: Provided further, That
notwithstanding Department of Energy order 413.2A, dated January 8,
2001, beginning in fiscal year 2006 and thereafter, all DOE
laboratories may be eligible for laboratory directed research and
development funding.
Sec. 310. For fiscal year 2007 and each year thereafter, for the
cost of guaranteed loans as authorized by section 1702(b)(2) of the
Energy Policy Act of 2005, such sums as are hereafter derived from
amounts received from borrowers pursuant to section 1702(b)(2) of that
Act, to remain available until expended: Provided, That the source of
such payments received from borrowers is not a loan or other debt
obligation that is guaranteed by the Federal Government. In addition,
for administrative expenses to carry out the guaranteed loan program,
such sums as are hereafter derived from loan fees collected under
section 1702(h) of the Energy Policy Act of 2006, which shall be
transferred to and merged with the appropriation for ``Departmental
Administration'', to be used only for the costs of administering the
loan guarantee program authorized under that Act, and to remain
available until expended.
Sec. 311. To the extent the Secretary of Energy deems necessary to
implement research and development activities at a site to establish
and evaluate the technical feasibility of advanced recycling
technologies, the Secretary of Energy may take title to spent fuel from
civilian nuclear power reactors and transport such spent fuel to and
store it at the site; provided that the Secretary shall remove from the
site such spent fuel or any high-level radioactive waste resulting from
processing the spent fuel not later than one year after the completion
of the research and development activities.
Sec. 312. For fiscal year 2007, except as otherwise provided by law
in effect as of the date of this Act or unless a rate is specifically
set by an Act of Congress thereafter, the Administrators of the
Southeastern Power Administration, the Southwestern Power
Administration, and the Western Area Power Administration, shall use
the ``yield'' rate in computing interest during construction and
interest on the unpaid balance of the costs of Federal power
facilities. The yield rate shall be defined as the average yield during
the preceding fiscal year on interest-bearing marketable securities of
the United States which, at the time the computation is made, have
terms of 15 years or more remaining to maturity.
Sec. 313. Consolidation and Preparation Facilities. (a)
Definitions.--
(1) Accept, acceptance.--The terms ``accept'' and
``acceptance'' mean the Secretary's act of taking possession
of, and title to, spent nuclear fuel or high-level radioactive
waste.
(2) Civilian nuclear power reactor.--The term ``civilian
nuclear power reactor'' shall have the same meaning as provided
in the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et
seq.).
(3) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
(4) Consolidation and preparation facility.--The term
``consolidation and preparation facility'' means a facility
designed and constructed for the receipt, handling, possession,
safeguarding, and storage of spent nuclear fuel and high-level
radioactive waste in accordance with this section.
(5) Contracts.--The term ``contracts'' means the contracts
executed under section 302(a) of the Nuclear Waste Policy Act
of 1982, by the Secretary and any person who generates or holds
title to spent nuclear fuel or high-level radioactive waste of
domestic origin for acceptance of such waste or fuel by the
Secretary and the payment of fees to offset the Secretary's
expenditures.
(6) Contract holders.--The term ``contract holders'' means
parties (other than the Secretary) to contracts.
(7) Disposal.--The term ``disposal'' shall have the same
meaning as provided in the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10101 et seq.).
(8) Repository.--The term ``repository'' shall have the
same meaning as provided in the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10101 et seq.).
(9) Secretary.--The term ``Secretary'' shall mean the
Secretary of Energy.
(10) Storage.--The term ``storage'' shall have the same
meaning as provided in the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10101 et seq.).
(b) Acceptance.--
(1) Acceptance for shut down reactors.--If a civilian
nuclear power reactor has reached the end of its useful life or
has been shut down permanently for whatever reason, the
Secretary, at the request of the contract holder or the
successor thereto, shall assume--
(A) the title to the high-level nuclear waste and
spent nuclear fuel remaining at the site of the
shutdown facility; and
(B) responsibility for the storage of the high-
level radioactive waste and spent nuclear fuel at the
site of the shutdown facility until such time as the
high-level radioactive waste or spent nuclear fuel can
be moved to another site for storage or disposal.
(2) Acceptance for storage at consolidation and preparation
facilities.--
(A) Acceptance.--The Secretary shall accept spent
nuclear fuel and high-level radioactive waste at
facilities designated by contract holders pursuant to
the contracts, for storage at consolidation and
preparation facilities constructed pursuant to this
section.
(B) Priority.--After receipt of a license to
construct and operate an consolidation and preparation
facility under this section, the Secretary shall, to
the greatest extent practicable, accept fuel eligible
to be moved to that consolidation and preparation
facility based upon the Acceptance Priority Ranking
established under part 961 of title 10, Code of Federal
Regulations.
(c) Transportation.--The Secretary shall provide for the
transportation of spent nuclear fuel and high-level radioactive waste
accepted by the Secretary. The Secretary shall procure all systems and
components necessary to transport spent nuclear fuel and high-level
radioactive waste from facilities designated by contract holders to the
consolidation and preparation facilities. Transportation of spent
nuclear fuel under this section shall be subject to licensing and
regulation by the Commission and by the Secretary of Transportation as
provided for transportation of commercial spent nuclear fuel under
existing law.
(d) Designation and Construction of Consolidation and Preparation
Facility Sites.--
(1) Designation of consolidation and preparation facility
sites.--
(A) Within 90 days of the issuance of the report
under paragraph (4)(C), the Secretary, in consultation
with the Governor of each State containing the site of
a civilian nuclear power reactor, shall designate an
eligible site within that State for the location of a
consolidation and preparation facility for spent
nuclear fuel stored within that State, unless the
Secretary determines that designation of such a site is
not feasible or desirable. During the consultation, the
Governor may nominate an eligible site or sites.
(B) Within 90 days of the issuance of the report
under paragraph (4)(C), the Secretary may determine
that it is in the national interest to locate a
regional consolidation and preparation facility and on
that basis designate an eligible site for that purpose,
except that no eligible site shall be designated for a
regional consolidation and preparation facility in a
State in which a site has been designated pursuant to
(1)(A).
(2) Eligible sites.--Subject to the limitations set forth
in subsection (3), any site that is within a State that
contains a civilian nuclear power reactor that is owned by the
Federal Government or that can be purchased by the Federal
government from any willing seller is eligible for designation
by the Secretary pursuant to (d)(1).
(3) Ineligible sites.--No site can be designated for the
location, construction and operation of a consolidation and
preparation facility for spent nuclear fuel--
(A) in any State in which there is located any site
selected for a repository under section 115 of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et
seq.);
(B) in any State in which the Nuclear Regulatory
Commission has authorized the construction and
operation of commercial, away from reactor, above
ground dry cask storage facility for spent nuclear fuel
that is currently authorized to receive additional
spent nuclear fuel; or
(C) which includes lands within the National Park
System, National Forests or Wildlife Refuges or lands
managed by the Bureau of Land Management that are
within a conservation system unit.
(4) Director of consolidation and preparation.--
(A) Within 60 days of enactment of this Act, the
Secretary shall designate a Director of Consolidation
and Preparation.
(B) Within 180 days of enactment of this Act, the
Director of Consolidation and Preparation, in
consultation with the Governor of each State containing
the site of a civilian nuclear power reactor, shall
evaluate the feasibility and desirability of locating a
consolidation and preparation facility within each
State containing a civilian nuclear power reactor, and
shall make recommendations to the Secretary regarding
methods to most efficiently and expeditiously locate
such a facility in each State containing a civilian
nuclear power reactor.
(C) The Coordinator shall issue a report of
findings to the Secretary and such report shall be
provided to the relevant Congressional Committees of
jurisdiction, and published in the Federal Register for
comment.
(5) License application.--No later than 30 days after the
date on which the Secretary designates a consolidation and
preparation facility site under paragraphs (1)(A) or (1)(B) of
this subsection, the Secretary shall submit a license
application and an environmental report to the Commission in
accordance with applicable regulations (subpart B of part 72 of
title 10, Code of Federal Regulations, and subpart A of part 51
of title 10, Code of Federal Regulations, respectively). The
license application shall be for a term of 25 years, and the
license shall be non-renewable.
(6) Design.--
(A) The design for the consolidation and
preparation facilities shall provide for the use of
storage technologies which are licensed, approved, or
certified by the Commission, to ensure compatibility
between the consolidation and preparation facilities
and contract holders' spent nuclear fuel and
facilities.
(B) The Secretary shall consent to an amendment to
the contracts to provide for reimbursement to contract
holders for transportable storage systems purchased by
contract holders if the Secretary determines that it is
cost effective to use such transportable storage
systems, provided that the Secretary shall not be
required to expend any funds to modify contract
holders' storage or transport systems or to seek
additional regulatory approvals in order to use such
systems.
(7) Authorization.--There is authorized to be appropriated
to carry out this subsection $10,000,000 for each of fiscal
years 2007 through 2011.
(e) License Amendments.--The Secretary may seek such amendments to
the licenses for the consolidation and preparation facilities as the
Secretary may deem appropriate, including amendments to use new storage
technologies licensed by the Commission or to respond to changes in
Commission regulations.
(f) Commission Actions.--
(1) The issuance of a license to construct and operate the
consolidation and preparation facilities shall be considered a
major Federal action significantly affecting the quality of the
human environment for purposes of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.). Prior to issuing a
license under this section, the Commission shall prepare a
final environmental impact statement in accordance with the
National Environmental Policy Act of 1969, the Commission's
regulations. The Commission shall ensure that this
environmental impact statement is consistent with the scope of
the licensing action and shall analyze the impacts of
transportation of spent nuclear fuel and high-level radioactive
waste to the consolidation and preparation facility.
(2) Consideration.--Such environmental impact statement
shall not consider the environmental impacts of the storage of
spent nuclear fuel and high-level radioactive waste at the
consolidation and preparation facility beyond the term of the
license.
(g) Preliminary Decisionmaking Activities.--The Secretary's
activities under this section, including, but not limited to, the
selection of sites for the consolidation and preparation facilities,
assessments, the preparation and submittal of a license application and
supporting documentation, the construction and use of a facility
licensed by the Commission pursuant to this section shall be considered
preliminary decisionmaking activities for purposes of judicial review.
The Secretary shall not prepare an environmental impact statement under
section 102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)) or any environmental review under subparagraph (E)
or (F) of such Act before conducting these activities.
(h) Judicial Review.--Judicial review of the Commission's
environmental impact statement under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) shall be consolidated with
judicial review of the Commission's licensing decision.
(i) Licensing Deadline.--The Commission shall issue a final
decision granting or denying a license for a consolidation and
preparation facility not later than 32 months after the date of
submittal of the application for such license.
(j) Waste Confidence.--The provisions of this Act, and the
Secretary's obligation to develop a repository in accordance with the
provisions of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et
seq.), shall provide sufficient and independent grounds for any further
findings by the Commission of reasonable assurance that spent nuclear
fuel and high-level radioactive waste will be disposed of safely and on
a timely basis for purposes of the Commission's decision to grant or
amend any license to operate any civilian nuclear power reactor under
the Atomic Energy Act of 1954 (42 U.S.C. 2011, et seq.).
(k) Expenditures From the Nuclear Waste Fund.--Notwithstanding the
provisions of section 302(d) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10222(d)), the Secretary shall make expenditures from the
Waste Fund for the identification, development, licensing,
construction, operation, decommissioning of any consolidation and
preparation facility constructed under this section, any costs that may
be incurred by the Secretary in connection with the transportation,
treating, or packaging of spent nuclear fuel or high-level radioactive
waste to be stored in a consolidation and preparation facility
authorized under this section and any cost that may be incurred as a
result of the Secretary's obligation to accept and store high level
nuclear waste and spent fuel under subsection (b)(1) of this section.
(l) Consolidation and Preparation Fund.--Section 136 of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10157) shall not apply to
consolidation and preparation facilities authorized under this Act.
Sec. 314. Nuclear Medicine. For fiscal year 2007, the Secretary
shall use funding provided by section 1001(e) of title X of the Energy
Policy Act of 2005, to support nuclear medicine research within the
Office of Science, Biological and Environmental Research program.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended, not
withstanding 40 U.S.C. 14704, and, for necessary expenses for the
Federal Co-Chairman and the alternate on the Appalachian Regional
Commission, for payment of the Federal share of the administrative
expenses of the Commission, including services as authorized by 5
U.S.C. 3109, and hire of passenger motor vehicles, $65,472,000, to
remain available until expended: Provided, That any congressionally
directed spending shall be taken from within that State's allocation in
the fiscal year in which it is provided.
Defense Nuclear Facilities Safety Board
salaries and expenses
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $22,260,000, to
remain available until expended.
Delta Regional Authority
salaries and expenses
For necessary expenses of the Delta Regional Authority and to carry
out its activities, as authorized by the Delta Regional Authority Act
of 2000, as amended, notwithstanding sections 382C(b)(2), 382F(d), and
382M(b) of said Act, $12,000,000, to remain available until expended.
Denali Commission
For expenses of the Denali Commission including the purchase,
construction and acquisition of plant and capital equipment as
necessary and other expenses, $50,000,000, to remain available until
expended, nothwithstanding the limitations contained in section 306(g)
of the Denali Commission Act of 1998.
Nuclear Regulatory Commission
salaries and expenses
For necessary expenses of the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974, as amended, and the
Atomic Energy Act of 1954, as amended, including official
representation expenses not to exceed $19,000, $808,410,000, to remain
available until expended: Provided, That of the amount appropriated
herein, $40,981,840 shall be derived from the Nuclear Waste Fund:
Provided further, That revenues from licensing fees, inspection
services, and other services and collections estimated at $656,328,000
in fiscal year 2007 shall be retained and used for necessary salaries
and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall
remain available until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues received during
fiscal year 2007 so as to result in a final fiscal year 2007
appropriation estimated at not more than $152,082,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $8,144,000, to remain available until expended: Provided, That
revenues from licensing fees, inspection services, and other services
and collections estimated at $7,330,000 in fiscal year 2007 shall be
retained and be available until expended, for necessary salaries and
expenses in this account, notwithstanding 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced by the
amount of revenues received during fiscal year 2007 so as to result in
a final fiscal year 2007 appropriation estimated at not more than
$814,000.
Nuclear Waste Technical Review Board
salaries and expenses
For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $3,670,000, to be
derived from the Nuclear Waste Fund, and to remain available until
expended.
General Provisions, Independent Agencies
Sec. 401. Section 306(c)(1) of title III as contained in division C
of the Omnibus Consolidated and Emergency Supplemental Appropriations
Act of 1999 (Public Law 105-277) is amended by inserting ``and
terminate'' after ``appoint''.
Sec. 402. Section 309(a) of title III as contained in division C of
the Omnibus Consolidated and Emergency Supplemental Appropriations Act
of 1999 (Public Law 105-277) is amended by striking ``2000, 2001, 2002,
and 2003'' and inserting in lieu thereof: ``2007, 2008, 2009, 2010, and
2011.''.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may be used in
any way, directly or indirectly, to influence congressional action on
any legislation or appropriation matters pending before Congress, other
than to communicate to Members of Congress as described in 18 U.S.C.
1913.
Sec. 502. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in this Act or any other appropriation Act.
Sec. 503. Notwithstanding part 750 of title 23, Code of Federal
Regulations (or a successor regulation), if permitted by State law, a
legal nonconforming sign constructed in a commercial or industrial area
on or after October 22, 1965, that is or has been damaged or destroyed
as a result of a natural disaster (as defined in 42 U.S.C. 6195A) that
occurs after August 1, 2004, may be repaired, replaced or reconstructed
at the same location to its original height and size using like
materials. The provisions of this section shall not preempt State or
local law or ordinance. The Secretary shall not reduce or withhold
Federal-aid highway funds apportioned to a State that complies with
these provisions and shall report to the Congress within 36 months with
respect to the impact of these provisions on the public interest.
Sec. 504. The fiscal year 2008 budget justifications are due to the
appropriate Senate Appropriations subcommittees no later than the day
the President's fiscal year 2008 budget is released: Provided, That the
amount appropriated for salaries and expenses for the Office of
Management and Budget shall be reduced by $100,000 per day for each day
after the required date that the budget justifications have not been
submitted to the Senate.
Sec. 505. No funds provided in this Act may be used to undertake
any engineering evaluations or other studies of the potential for
multi-purpose storage facilities downstream of the confluence of the
North and Middle Forks of the American River, unless and until the
Bureau of Reclamation completes its special report to update the
analysis of the costs and associated benefits of the Auburn-Folsom
South Unit of the Central Valley Project, and includes in its cost-
benefit analysis an assessment of the following:
(1) an updated evaluation of seismic hazard issues,
prepared in consultation with the United States Geological
Survey, including both the seismicity of the region and the
level of enhanced seismic risk associated with creating a
reservoir containing fluctuating water levels;
(2) an estimate of the cost-per-acre-foot of new water
supply provided by the project, and a comparison to other
potential sources of new supply; and
(3) an estimate of the project's additional flood control
benefits and the cost of those benefits.
This Act may be cited as the ``Energy and Water Appropriations Act,
2007''.
Amend the title so as to read: ``An Act making
appropriations for energy and water for the fiscal year ending
September 30, 2007, and for other purposes.''.
Calendar No. 504
109th CONGRESS
2d Session
H.R. 5427
[Report No. 109-274]
_______________________________________________________________________
AN ACT
Making appropriations for energy and water development for the fiscal
year ending September 30, 2007, and for other purposes.
_______________________________________________________________________
May 25, 2006
Received; read twice and referred to the Committee on Appropriations
June 29, 2006
Reported with an amendment and an amendment to the title