Energy and Water Development and Related Agencies Appropriations Act, 2008

        [Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2641 Placed on Calendar Senate (PCS)]

Calendar No. 274
110th CONGRESS
1st Session
H. R. 2641

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

July 18 (legislative day, July 17), 2007

Received; read twice and placed on the calendar

_______________________________________________________________________

AN ACT

Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2008, and for other
purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for energy and water development
and related agencies for the fiscal year ending September 30, 2008, and
for other purposes, namely:

TITLE I--CORPS OF ENGINEERS--CIVIL

DEPARTMENT OF THE ARMY

corps of engineers--civil

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

investigations

(including rescission of funds)

For expenses necessary for the collection and study of basic
information pertaining to river and harbor, flood 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 proposed projects, $120,100,000, to remain available
until expended: Provided, That of the funds provided under this heading
of Public Law 106-554, $100,000 are rescinded.

construction

(including rescissions of funds)

For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, aquatic ecosystem restoration, and
related projects authorized by law, including a portion of the expenses
for the modifications authorized by section 104 of the Everglades
National Park Protection and Expansion Act of 1989; for conducting
detailed studies, and plans and specifications, of such projects
authorized or made eligible for selection by law (but such detailed
studies, and plans and specifications, shall not constitute a Federal
commitment to construction); $2,008,874,000, to remain available until
expended, of which such sums as are necessary to cover one-half of the
costs of construction, replacement, and expansion of inland waterways
projects shall be derived from the Inland Waterways Trust Fund; and of
which $8,000,000 shall be exclusively for projects and activities
authorized under section 107 of the River and Harbor Act of 1960; and
of which $45,000,000 shall be exclusively available for projects and
activities authorized under section 205 of the Flood Control Act of
1948; and of which $10,000,000 shall be exclusively for projects and
activities authorized under section 14 of the Flood Control Act of
1946; and of which $25,000,000 shall be exclusively for projects and
activities authorized under section 1135 of the Water Resources
Development Act of 1986; and of which $25,000,000 shall be exclusively
for projects and activities authorized under section 206 of the Water
Resources Development Act of 1996: Provided, That of the funds provided
under this heading the following amounts are rescinded: from Public Law
101-101, $435,000; from Public Law 102-377, $1,740,000; from Public Law
103-126, $797,000; from Public Law 105-245, $1,716,000.

mississippi river and tributaries

For expenses necessary for flood damage reduction projects and
related efforts in the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $278,000,000, to remain
available until expended, of which such sums as are necessary to cover
the Federal share of operation and maintenance costs for inland harbors
shall be derived from the Harbor Maintenance Trust Fund.

operation and maintenance

For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law,
including the construction of facilities, projects, or features
(including islands and wetlands) to use materials dredged during
Federal navigation maintenance activities; the mitigation of impacts on
shorelines resulting from Federal navigation operation and maintenance
activities; to address the effects of civil works projects owned or
operated by the Corps on federally listed species; to provide security
for infrastructure operated by the Corps, or operated on its behalf,
including administrative buildings and facilities, and laboratories; to
maintain harbor channels provided by a State, municipality, or other
public agency that serve essential navigation needs of general commerce
where authorized by law; and to conduct surveys and chart northern and
northwestern lakes and connecting waters, clear channels, and remove
obstructions to commercial navigation, $2,655,241,000, to remain
available until expended, of which $53,585,000 shall be for projects
and activities in Region 1 New England; of which $179,814,000 shall be
for projects and activities in Region 2 Mid Atlantic; of which
$367,101,000 shall be for projects and activities in Region 3 South
Atlantic Gulf; of which $126,907,000 shall be for projects and
activities in Region 4 Great Lakes; of which $342,354,000 shall be for
projects and activities in Region 5 Ohio; of which $25,721,000 shall be
for projects and activities in Region 6 Tennessee; of which
$251,630,000 shall be for projects and activities in Region 7 Upper
Mississippi; of which $166,946,000 shall be for projects and activities
in Region 8 Lower Mississippi; of which $3,159,000 shall be for
projects and activities in Region 9 Souris-Red-Rainy; of which
$162,352,000 shall be for projects and activities in Region 10
Missouri; of which $213,500,000 shall be for projects and activities in
Region 11 Arkansas-White-Red; of which $185,668,000 shall be for
projects and activities in Region 12 Texas-Gulf; of which $30,812,000
shall be for projects and activities in Region 13 Rio Grande; of which
$57,000 shall be for projects and activities in Region 14 Upper
Colorado; of which $3,967,000 shall be for projects and activities in
Region 15 Lower Colorado; of which $819,000 shall be for projects and
activities in Region 16 Great Basin; of which $286,031,000 shall be for
projects and activities in Region 17 Pacific Northwest; of which
$125,998,000 shall be for projects and activities in Region 18
California; of which $26,811,000 shall be for projects and activities
in Region 19 Alaska; of which $872,000 shall be for projects and
activities in Region 20 Hawaii; of which such sums as are necessary to
cover the Federal share of eligible operations and maintenance shall be
derived from the Harbor Maintenance Trust Fund; of which such sums as
become available in the special account for the Corps established by
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
6a(i)), shall be used for resource protection, research,
interpretation, and maintenance activities under this heading related
to resource projection in areas operated by the Corps at which outdoor
recreation is available; and of which such sums as become available
pursuant to section 217 of the Water Resources Development Act of 1996,
shall be used to cover the cost of operation and maintenance of the
dredged material disposal facilities for which such fees have been
collected.

regulatory program

For expenses necessary for the administration of laws pertaining to
the regulation of navigable waters and wetlands, $180,000,000, to
remain available until expended.

formerly utilized sites remedial action program

For expenses necessary to clean up contamination from sites
resulting from work performed as part of the Nation's early atomic
energy program, $130,000,000, to remain available until expended.

flood control and coastal emergencies

For expenses necessary to prepare for flood, hurricane, and other
natural disasters and support emergency operations, repairs, and other
activities in response to such natural disasters, as authorized by law,
$40,000,000, to remain available until expended.

expenses

For expenses necessary for general administration and related
functions of the civil works program in the headquarters of the Corps,
the offices of the Division Engineers, the Humphreys Engineer Center
Support Activity, the Institute for Water Resources, the Engineering
Research and Development Center, and the Finance Center, $171,000,000,
to remain available until expended: Provided, That no part of any other
appropriation provided in this title shall be available to fund the
civil works activities of the Office of the Chief of Engineers or the
civil works executive direction and management activities of the
offices of the Division Engineers.

office of assistant secretary of the army (civil works)

For expenses necessary for the Office of Assistant Secretary of the
Army (Civil Works), as authorized by 10 U.S.C. 3016(b)(3), $6,000,000.

administrative provision

Appropriations in this title shall be available for official
reception and representation expenses (not to exceed $5,000); and
during the current fiscal year the Revolving Fund, Corps of Engineers,
shall be available for purchase (not to exceed 100 for replacement
only) and hire of passenger motor vehicles.

General Provisions, Corps of Engineers--Civil

Sec. 101. (a) Except as provided under subsection (b), none of the
funds provided under this title shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act;
(4) reduces funds that are directed to be used for a
specific program, project, or activity by this Act; or
(5) increases or reduces funds for any program, project, or
activity by more than $2,000,000 or 25 percent, whichever is
less.
(b) Subsection (a)(1) shall not apply to any project or activity
authorized under section 205 of the Flood Control Act of 1948; section
14 of the Flood Control Act of 1946; section 208 of the Flood Control
Act of 1954; section 107 of the River and Harbor Act of 1960; section
103 of the River and Harbor Act of 1962; section 111 of the River and
Harbor Act of 1968; section 1135 of the Water Resources Development Act
of 1986; section 206 of the Water Resources Development Act of 1996;
sections 204 and 207 of the Water Resources Development Act of 1992; or
section 933 of the Water Resources Development Act of 1986.
Sec. 102. None of the funds made available in this title may be
used to award any continuing contract or make modifications to any
existing continuing contract that commits an amount for a project in
excess of the amounts appropriated for that project that remain
unobligated, except that such amounts may include any funds that have
been made available through reprogramming to that project pursuant to
section 101 of this Act.
Sec. 103. (a) None of the funds provided in this Act shall be
available for operation and maritime maintenance of the hopper dredge
McFarland.
(b) Subsection (a) shall not apply to funds required for the
decommissioning of the vessel.
Sec. 104. The Secretary of the Army, acting through the Chief of
Engineers, is directed to reduce by 35 percent the full-time employees
at the Sacramento District Regulatory Division office of the Corps of
Engineers.
Sec. 105. None of the funds appropriated in this Act or any other
Act may be used to conduct a public-private competition or direct
conversion under the OMB Circular A-76 or any other administrative
regulation, directive, or policy for any Corps of Engineers program,
project or activity.

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 (titles II through VI of Public Law 102-575),
$41,380,000, to remain available until expended, of which $976,000
shall be deposited into the Utah Reclamation Mitigation and
Conservation Account for use by the Utah Reclamation Mitigation and
Conservation Commission.
In addition, for necessary expenses incurred in carrying out
related responsibilities of the Secretary of the Interior, $1,620,000,
to remain available until expended.

Bureau of Reclamation

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

water and related resources

(including transfers 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, federally recognized Indian tribes,
and others, $871,197,000, to remain available until expended, of which
$57,615,000 shall be available for transfer to the Upper Colorado River
Basin Fund and $26,825,000 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 section 106 of
Public Law 91-378 (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 section
4(i) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-6a(i)) shall be derived from that Fund or account: Provided
further, That funds contributed under the Act of March 4, 1921 (43
U.S.C. 395) are available until expended for the purposes for which
contributed: Provided further, That funds advanced under the Act of
January 12, 1927 (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.

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 (title XXXIV of Public Law 102-575),
$59,122,000, to be derived from such sums as may be collected in the
Central Valley Project Restoration Fund pursuant to sections
3404(c)(3), 3405(f), and 3407(d) of the Central Valley Project
Improvement Act (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 the Central
Valley Project Improvement Act: Provided further, That none of the
funds made available under this heading may be used for the acquisition
or leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.

california bay-delta restoration

(including transfer of funds)

For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act (Public Law 108-361),
consistent with plans to be approved by the Secretary of the Interior,
$40,750,000, to remain available until expended, of which such amounts
as may be necessary to carry out such activities may be transferred to
appropriate accounts of other participating Federal agencies to carry
out authorized purposes: Provided, That funds appropriated herein may
be used for the Federal share of the costs of CALFED Program
management: Provided further, That the use of any funds provided to the
California Bay-Delta Authority for program-wide management and
oversight activities shall be subject to the approval of the Secretary
of the Interior: Provided further, That CALFED implementation shall be
carried out in a balanced manner with clear performance measures
demonstrating concurrent progress in achieving the goals and objectives
of the Program: Provided further, That $5,000,000 shall be transferred
to the Army Corps of Engineers to carry out further study and
implementation of projects that contribute to the stability of the
levee projects authorized under section 103(f)(3) of the Water Supply,
Reliability, Environmental Improvement Act (Public Law 108-361).

policy and administration

(including transfer of funds)

For necessary expenses of policy, administration, and related
functions in the office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until expended, $58,811,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses: Provided further, That, of the funds provided
under this heading, $10,000,000 shall be transferred to ``Water and
Related Resources'' upon the expiration of the 60-day period following
the date of enactment of this Act if, during such period, the Secretary
of the Interior has not submitted to the Committees on Appropriations
of the House of Representatives and the Senate the Bureau of
Reclamation's five-year budget plan.

administrative provisions

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

TITLE III--DEPARTMENT OF ENERGY

ENERGY PROGRAMS

energy efficiency and renewable energy

For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $1,873,844,000, to
remain available until expended.

electricity delivery and energy reliability

For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity delivery and energy reliability
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $134,161,000, to
remain available until expended.

nuclear energy

For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of not to exceed 20
passenger motor vehicles for replacement only, including one ambulance,
$759,227,000, to remain available until expended.

clean coal technology

(including rescission of funds)

Of the funds made available under this heading for obligation in
prior years, $149,000,000 are rescinded.

fossil energy research and development

(including transfer of funds)

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 the hire of passenger motor vehicles, the hire,
maintenance, and operation of aircraft, the purchase, repair, and
cleaning of uniforms, the reimbursement to the General Services
Administration for security guard services, and for conducting
inquiries, technological investigations and research concerning the
extraction, processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3, 1602, and
1603), $708,801,000 to remain available until expended of which
$166,000,000 shall be derived by transfer from ``Clean Coal
Technology'', and of which transferred amounts $108,000,000 is
available to continue a multi-year project coordinated with the private
sector for FutureGen, without regard to the terms and conditions
applicable to clean coal technological projects, and of which the
remaining $58,000,000 is available for carbon sequestration research
and development: Provided further, That no part of the sums herein made
available shall be used for the field testing of nuclear explosives in
the recovery of oil and gas: Provided further, That the Secretary of
Energy is authorized to accept fees and contributions from public and
private sources, to be deposited in a contributed funds account, and
prosecute projects using such fees and contributions in cooperation
with other Federal, State, or private agencies or concerns: Provided
further, That revenues and other moneys received by or for the account
of the Department of Energy or otherwise generated by sale of products
in connection with projects of the Department appropriated under the
Fossil Energy Research and Development account may be retained by the
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,
$17,301,000, to remain available until expended: Provided, That,
notwithstanding any other provision of law, unobligated funds remaining
from prior years shall be available for all naval petroleum and oil
shale reserve activities.

strategic petroleum reserve

For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities pursuant
to the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.),
including the hire of passenger motor vehicles, the hire, maintenance,
and operation of aircraft, the purchase, repair, and cleaning of
uniforms, the reimbursement to the General Services Administration for
security guard services, $163,472,000, to remain available until
expended.

northeast home heating oil reserve

For necessary expenses for Northeast Home Heating Oil Reserve
storage, operation, and management activities pursuant to the Energy
Policy and Conservation Act, $5,325,000, to remain available until
expended.

energy information administration

For necessary expenses in carrying out the activities of the Energy
Information Administration, $105,095,000, to remain available until
expended.

non-defense environmental cleanup

For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of not to exceed three
passenger motor vehicles for replacement only, $286,041,000, to remain
available until expended, of which $250,937,000 is for non-defense
environmental cleanup and $35,104,000 is for non-defense legacy
management.

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 and title X,
subtitle A, of the Energy Policy Act of 1992, $618,759,000, to be
derived from the Fund, to remain available until expended, of which
$20,000,000 shall be available in accordance with title X, subtitle A,
of the Energy Policy Act of 1992.

science

For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not to exceed 30 passenger motor vehicles
for replacement only, $4,514,082,000, 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, $202,454,000, to remain available until
expended, and to be derived from the Nuclear Waste Fund: Provided, That
of the funds made available in this Act for Nuclear Waste Disposal,
$2,500,000 shall be provided to the State of Nevada solely for
expenditures, other than salaries and expenses of State employees, to
conduct scientific oversight responsibilities and participate in
licensing activities pursuant to the Act: Provided further, That
notwithstanding the lack of a written agreement with the State of
Nevada under section 117(c) of the Nuclear Waste Policy Act of 1982,
Public Law 97-425, as amended, not less than $1,200,000 shall be
provided to Nye County, Nevada, for on-site oversight activities under
section 117(d) of that Act: Provided further, That $4,000,000 shall be
provided to affected units of local government, as defined in the Act,
to conduct appropriate activities and participate in licensing
activities: Provided further, That 7.5 percent of the funds provided
shall be made available to affected units of local government in
California with the balance made available to affected units of local
government in Nevada for distribution as determined by the Nevada units
of local government: Provided further, That notwithstanding the
provisions of chapters 65 and 75 of title 31, United States Code, the
Department of Energy shall have no monitoring, auditing or other
oversight rights or responsibilities over amounts provided to affected
units of local government under this heading: Provided further, That
the funds for the State of Nevada shall be made available solely to the
Nevada Division of Emergency Management by direct payment and units of
local government by direct payment: Provided further, That within 90
days of the completion of each Federal fiscal year, the Nevada Division
of Emergency Management and the Governor of the State of Nevada shall
provide certification to the Department of Energy that all funds
expended from such payments have been expended for activities
authorized by the Act and this Act: Provided further, That failure to
provide such certification shall cause such entity to be prohibited
from any further funding provided for similar activities: Provided
further, That none of the funds herein appropriated may be: (1) used
directly or indirectly to influence legislative action, except for
normal and recognized executive-legislative communications, on any
matter pending before Congress or a State legislature or for lobbying
activity as provided in 18 U.S.C. 1913; (2) used for litigation
expenses; or (3) used to support multi-State efforts or other coalition
building activities inconsistent with the restrictions contained in
this Act: Provided further, That all proceeds and recoveries realized
by the Secretary of Energy in carrying out activities authorized by the
Act, including but not limited to, any proceeds from the sale of
assets, shall be available without further appropriation and shall
remain available until expended: Provided further, That no funds
provided in this Act may be used to pursue repayment or collection of
funds provided in any fiscal year to affected units of local government
for oversight activities that had been previously approved by the
Department of Energy, or to withhold payment of any such funds.

environment, safety and health

For Department of Energy expenses for Environment, Safety, and
Health activities, $31,625,000, to remain available until expended.

title 17 innovative technology loan guarantee loan program

Subject to the Federal Credit Reform Act of 1990, as amended,
during fiscal year 2008 commitments to guarantee loans under title XVII
of the Energy Policy Act of 2005 shall not exceed a total principal
amount, any part of which is to be guaranteed, of $7,000,000,000:
Provided, That of that amount, $2,000,000,000 shall be available for
carbon sequestration optimized coal power plants, $4,000,000,000 shall
be available for projects that promote biofuels and clean
transportation fuels, and $1,000,000,000 shall be available for
electric transmission facilities or renewable power generation systems:
Provided further, That pursuant to section 1702(b)(2) of the Act, no
appropriations are available to pay the subsidy cost of such
guarantees: Provided further, That the source of payments received from
borrowers for the subsidy cost shall not be a loan or other debt
obligation that is made or guaranteed by the Federal Government.

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 $5,000, $304,782,000, to
remain available until expended, of which $2,390,000 shall be available
for necessary administrative expenses to carry out the loan guarantee
program under title XVII of Public Law 109-58, plus such additional
amounts as necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the Anti-
Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases
in cost of work are offset by revenue increases of the same or greater
amount, to remain available until expended: Provided further, That
moneys received by the Department for miscellaneous revenues estimated
to total $161,818,000 in fiscal year 2008 may be retained and used for
operating expenses within this account, and may remain available until
expended, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided further,
That fees collected pursuant to section 1702(h) of Public Law 109-58
shall be credited as offsetting collections to this account: Provided
further, That the sum herein appropriated shall be reduced by the
amount of miscellaneous revenues received during 2008, and any related
appropriated receipt account balances remaining from prior years'
miscellaneous revenues, so as to result in a final fiscal year 2008
appropriation from the general fund estimated at not more than
$142,964,000.

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,
$47,732,000 (reduced by $1,000,000) (increased by $1,000,000), to
remain available until expended.

ATOMIC ENERGY DEFENSE ACTIVITIES

National Nuclear Security Administration

weapons activities

For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $5,879,137,000 to
remain available until expended: Provided, That $173,250,000 of the
amounts provided are available for nuclear weapons dismantlement
activities at Department of Energy facilities authorized for such
activities, of which $91,000,000 is for the Pit Disassembly and
Conversion Facility Project at the Savannah River Site, South Carolina.

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, $1,683,646,000, to remain available until expended.

naval reactors

For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $808,219,000, to
remain available until expended.

office of the administrator

For necessary expenses of the Office of the Administrator in the
National Nuclear Security Administration, including official reception
and representation expenses not to exceed $12,000, $415,879,000, to
remain available until expended.

defense environmental cleanup

(including transfer of funds)

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, and the purchase of
not to exceed three passenger motor vehicles for replacement only,
$5,766,561,000, to remain available until expended, of which
$463,000,000 shall be transferred to the ``Uranium Enrichment
Decontamination and Decommissioning Fund''.

other defense activities

(including transfer of funds)

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 twelve passenger motor
vehicles for replacement only, $604,313,000, to remain available until
expended: Provided, That of the funds provided under this heading in
Public Law 109-103, $4,900,000 are transferred to ``Weapons
Activities'' for planning activities associated with special nuclear
material consolidation.

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, $292,046,000, to remain
available until expended.

POWER MARKETING ADMINISTRATIONS

bonneville power administration fund

Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for official
reception and representation expenses in an amount not to exceed
$1,500. During fiscal year 2008, no new direct loan obligations may be
made.

operation and maintenance, southeastern power administration

For necessary expenses of operation and maintenance of power
transmission facilities and of electric power and energy, including
transmission wheeling and ancillary services pursuant to section 5 of
the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the
southeastern power area, $6,463,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302, up to
$48,413,000 collected by the Southeastern Power Administration pursuant
to the Flood Control Act of 1944 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures.

operation and maintenance, southwestern power administration

For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy, for
construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), as applied to the southwestern power area,
$30,442,000, to remain available until expended: Provided, That,
notwithstanding 31 U.S.C. 3302, up to $35,000,000 collected by the
Southwestern Power Administration pursuant to the Flood Control Act to
recover purchase power and wheeling expenses shall be credited to this
account as offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures.

construction, rehabilitation, operation and maintenance, western area
power administration

For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, including the operation, maintenance, and
purchase through transfer, exchange, or sale of one helicopter for
replacement only, and official reception and representation expenses in
an amount not to exceed $1,500; $201,030,000, to remain available until
expended, of which $191,094,000 shall be derived from the Department of
the Interior Reclamation Fund: Provided, That of the amount herein
appropriated, $7,167,000 is for deposit into the Utah Reclamation
Mitigation and Conservation Account pursuant to title IV of the
Reclamation Projects Authorization and Adjustment Act of 1992: Provided
further, That notwithstanding the provision of 31 U.S.C. 3302, up to
$258,702,000 collected by the Western Area Power Administration
pursuant to the Flood Control Act of 1944 and the Reclamation Project
Act of 1939 to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain available
until expended for the sole purpose of making purchase power and
wheeling expenditures.

falcon and amistad operating and maintenance fund

For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $2,500,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 423 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.

Federal Energy Regulatory Commission

salaries and expenses

For necessary expenses of the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5
U.S.C. 3109, the hire of passenger motor vehicles, and official
reception and representation expenses not to exceed $3,000,
$255,425,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, not to exceed $255,425,000
of revenues from fees and annual charges, and other services and
collections in fiscal year 2008 shall be retained and used for
necessary expenses in this account, and shall remain available until
expended: Provided further, That the sum herein appropriated from the
general fund shall be reduced as revenues are received during fiscal
year 2008 so as to result in a final fiscal year 2008 appropriation
from the general fund estimated at not more than $0.

General Provisions--Department of Energy

Sec. 301. Contract Competition.--(a) None of the funds in this or
any other appropriations Act for fiscal year 2008 or any previous
fiscal year may be used to make payments for a noncompetitive
management and operating contract, or a contract for environmental
remediation or waste management in excess of $100,000,000 in annual
funding at a current or former management and operating contract site
or facility, or award a significant extension or expansion to an
existing management and operating contract, or other contract covered
by this section, 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.
(b) Within 30 days of formally notifying an incumbent contractor
that the Secretary intends to grant such a waiver, the Secretary shall
submit to the Subcommittees on Energy and Water Development of the
Committees on Appropriations of the House of Representatives and the
Senate a report notifying the Subcommittees 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. Unfunded Requests for Proposals.--None of the funds
appropriated by this Act may be used to prepare or initiate requests
for proposals for a program if the program has not been funded by
Congress.
Sec. 303. Unexpended Balances.--The unexpended balances of prior
appropriations provided for activities in this Act may be available to
the same appropriation accounts for such activities established
pursuant to this title. Available balances may be merged with funds in
the applicable established accounts and thereafter may be accounted for
as one fund for the same time period as originally enacted.
Sec. 304. Bonneville Power Administration Service Territory.--None
of the funds in this or any other Act for the Administrator of the
Bonneville Power Administration may be used to enter into any agreement
to perform energy efficiency services outside the legally defined
Bonneville service territory, with the exception of services provided
internationally, including services provided on a reimbursable basis,
unless the Administrator certifies in advance that such services are
not available from private sector businesses.
Sec. 305. 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. 306. Intelligence Activities.--Funds appropriated by this or
any other Act, or made available by the transfer of funds in this Act,
for intelligence activities are deemed to be specifically authorized by
the Congress for purposes of section 504 of the National Security Act
of 1947 (50 U.S.C. 414) during fiscal year 2008 until the enactment of
the Intelligence Authorization Act for fiscal year 2008.
Sec. 307. Laboratory Directed Research and Development.--Of the
funds made available by the Department of Energy for activities at
government-owned, contractor-operator operated laboratories funded in
this Act, the Secretary may authorize a specific amount, not to exceed
8 percent of such funds, to be used by such laboratories for
laboratory-directed research and development: Provided, That the
Secretary may also authorize a specific amount not to exceed 3 percent
of such funds, to be used by the plant manager of a covered nuclear
weapons production plant or the manager of the Nevada Site office for
plant or site-directed research and development funding.
Sec. 308. Contractor Pension Benefits.--None of the funds made
available in title III of this Act shall be used for implementation of
the Department of Energy Order N 351.1 modifying contractor employee
pension and medical benefits policy.
Sec. 309. International Nuclear Fuel Bank.--Of the funds made
available in the first paragraph under the heading ``Atomic Energy
Defense Activities--Other Defense Activities'' in chapter 2 of title I
of division B of Public Law 105-277, $100,000,000 shall be available
until expended, subject to authorization, for the contribution of the
United States to create a low-enriched uranium stockpile for an
International Nuclear Fuel Bank supply of nuclear fuel for peaceful
means under the International Atomic Energy Agency.

TITLE IV--INDEPENDENT AGENCIES

Appalachian Regional Commission

For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, notwithstanding section
14704 of title 40, United States Code, 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 section
3109 of title 5, United States Code, and hire passenger motor vehicles,
$35,000,000, to remain available until expended.

Defense Nuclear Facilities Safety Board

For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, $22,499,000, to remain available until expended.

Delta Regional Authority

For necessary expenses of the Delta Regional Authority and to carry
out its activities, as authorized by the Delta Regional Authority Act
of 2000, notwithstanding sections 382C(b)(2), 382F(d), and 382M(b) of
said Act, $6,000,000, to remain available until expended.

Nuclear Regulatory Commission

For necessary expenses of the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy
Act of 1954, including official representation expenses (not to exceed
$21,000), $925,559,000, to remain available until expended: Provided,
That of the amount appropriated herein, $37,250,000 shall be derived
from the Nuclear Waste Fund: Provided further, That revenues from
licensing fees, inspection services, and other services and collections
estimated at $757,720,000 in fiscal year 2008 shall be retained and
used for necessary salaries and expenses in this account,
notwithstanding 31 U.S.C. 3302, and shall remain available until
expended: Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year 2008 so
as to result in a final fiscal year 2008 appropriation estimated at not
more than $167,839,000.

office of inspector general

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$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 2008 shall be
retained and be available for necessary salaries and expenses in this
account, notwithstanding 31 U.S.C. 3302: Provided further, That the sum
herein appropriated shall be reduced by the amount of revenues received
during fiscal year 2008 so as to result in a final fiscal year 2008
appropriation estimated at not more than $814,000.

Nuclear Waste Technical Review Board

For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $3,621,000, to be
derived from the Nuclear Waste Fund, and to remain available until
expended.

Office of the Federal Coordinator for Alaska Natural Gas Transportation
Projects

For necessary expenses for the Office of the Federal Coordinator
for Alaska Natural Gas Transportation Projects pursuant to the Alaska
Natural Gas Pipeline Act of 2004, $2,322,000.

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 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. Of the amount made available for Energy Efficiency and
Renewable Energy for the Department of Energy, $213,000,000 shall be
made available for hydrogen technologies as authorized by section 974
of the Energy Policy Act of 2005 (42 U.S.C. 16314).
Sec. 504. None of the funds made available in this Act may be used
to purchase light bulbs unless the light bulbs have the ``ENERGY STAR''
designation.
Sec. 505. None of the funds made available by this Act may be used
to administer the ``Yucca Mountain Youth Zone'' website.
Sec. 506. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
from a Federal department or agency at any single conference occurring
outside the United States.
Sec. 507. None of the funds made available in this Act may be used
for the Green Maintenance Building in North Bergen, New Jersey.
This Act may be cited as the ``Energy and Water Development and
Related Agencies Appropriations Act, 2008''.

Passed the House of Representatives July 17, 2007.

Attest:

LORRAINE C. MILLER,

Clerk.
Calendar No. 274

110th CONGRESS

1st Session

H. R. 2641

_______________________________________________________________________

AN ACT

Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2008, and for other
purposes.

_______________________________________________________________________

July 18 (legislative day, July 17), 2007

Received; read twice and placed on the calendar