[109th Congress Public Law 103]
[From the U.S. Government Printing Office]
[DOCID: f:publ103.109]
[[Page 119 STAT. 2247]]
Public Law 109-103
109th Congress
An Act
Making appropriations for energy and water development for the fiscal
year ending September 30, 2006, and for other purposes. <<NOTE: Nov. 19,
2005 - [H.R. 2419]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Energy and Water
Development Appropriations Act, 2006.>> That the following sums are
appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2006, for energy
and water development and for other purposes, namely:
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to rivers and harbors, flood control, shore protection and
storm damage reduction, aquatic ecosystem restoration, and related
purposes.
investigations
For expenses necessary for the collection and study of basic
information pertaining to river and harbor, flood control, shore
protection and storm damage reduction, aquatic ecosystem restoration,
and related projects, restudy of authorized projects, miscellaneous
investigations, and, when authorized by law, surveys and detailed
studies and plans and specifications of projects prior to construction,
$164,000,000, to remain available until expended: Provided, That,
notwithstanding any other provision of law, within the funds provided
under this heading, $1,000,000 shall be available for planning
assistance to the state of Ohio for Stark County watershed basin
study: <<NOTE: Reports. Deadlines.>> Provided further, That using
$8,000,000 of the funds provided herein, the Secretary of the Army,
acting through the Chief of Engineers, is directed to conduct a
comprehensive hurricane protection study at full Federal expense to
develop and present a full range of flood, coastal and hurricane
protection measures exclusive of normal policy considerations for south
Louisiana and the Secretary shall submit a feasibility report for short-
term
[[Page 119 STAT. 2248]]
protection within 6 months of enactment of this Act, interim protection
within 12 months of enactment of this Act and long-term comprehensive
protection within 24 months of enactment of this Act: Provided further,
That the Secretary shall consider providing protection for a storm surge
equivalent to a Category 5 hurricane within the project area and may
submit reports on component areas of the larger protection program for
authorization as soon as practicable: <<NOTE: Louisiana.>> Provided
further, That the analysis shall be conducted in close coordination with
the State of Louisiana and its appropriate agencies.
construction
For expenses necessary for the construction of river and harbor,
flood control, shore protection and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law; for
conducting detailed studies, and plans and specifications, of such
projects (including those involving participation by States, local
governments, or private groups) authorized or made eligible for
selection by law (but such detailed studies, and plans and
specifications, shall not constitute a commitment of the Government to
construction); $2,372,000,000, to remain available until expended; of
which such sums as are necessary to cover the Federal share of
construction costs for facilities under the Dredged Material Disposal
Facilities program shall be derived from the Harbor Maintenance Trust
Fund as authorized by Public Law 104-303; and of which such sums as are
necessary pursuant to Public Law 99-662 shall be derived from the Inland
Waterways Trust Fund, to cover one-half of the costs of construction and
rehabilitation of inland waterways projects, (including the
rehabilitation costs for Lock and Dam 11, Mississippi River, Iowa; Lock
and Dam 19, Mississippi River, Iowa; Lock and Dam 24, Mississippi River,
Illinois and Missouri; Lock 27, Mississippi River, Illinois; and Lock
and Dam 3, Mississippi River, Minnesota) shall be derived from the
Inland Waterways Trust Fund; and of which $12,000,000 shall be
exclusively for projects and activities authorized under section 107 of
the River and Harbor Act of 1960; and of which $500,000 shall be
exclusively for projects and activities authorized under section 111 of
the River and Harbor Act of 1968; and of which $7,000,000 shall be
exclusively for projects and activities authorized under section 103 of
the River and Harbor Act of 1962; and of which $40,000,000 shall be
exclusively available for projects and activities authorized under
section 205 of the Flood Control Act of 1948; and of which $15,000,000
shall be exclusively for projects and activities authorized under
section 14 of the Flood Control Act of 1946; and of which $300,000 shall
be exclusively for projects and activities authorized under section 208
of the Flood Control Act of 1954; and of which $30,000,000 shall be
exclusively for projects and activities authorized under section 1135 of
the Water Resources Development Act of 1986; and of which $30,000,000
shall be exclusively for projects and activities authorized under
section 206 of the Water Resources Development Act of 1996; and of which
$5,000,000 shall be exclusively for projects and activities authorized
under sections 204 and 207 of the Water Resources Development Act of
1992 and section 933 of the Water Resources Development Act of 1986:
Provided, That the Chief of Engineers is directed to use $11,250,000 of
the funds appropriated herein for the Dallas Floodway Extension, Texas,
project, including the Cadillac Heights
[[Page 119 STAT. 2249]]
feature, generally in accordance with the Chief of Engineers report
dated December 7, 1999: Provided further, That the Chief of Engineers is
directed to use $1,500,000 of the funds provided herein for the Hawaii
Water Management Project: Provided further, That the Chief of Engineers
is directed to use $13,000,000 of the funds appropriated herein for the
navigation project at Kaumalapau Harbor, Hawaii: Provided further, That
the Chief of Engineers is directed to use $4,000,000 of the funds
provided herein for the Dam Safety and Seepage/Stability Correction
Program for seepage control features and repairs to the tainter gates at
Waterbury Dam, Vermont: Provided further, That $600,000 of the funds
provided herein for the Dam Safety and Seepage/Stability Correction
Program shall be available for Dover Dam, Ohio: Provided further, That
the Chief of Engineers is directed to use $9,500,000 of the funds
appropriated herein for planning, engineering, design or construction of
the Grundy, Buchanan County, and Dickenson County, Virginia, elements of
the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland
River Project: Provided further, That the Chief of Engineers is directed
to use $5,600,000 of the funds appropriated herein for planning,
engineering, design or construction of the Lower Mingo County, Upper
Mingo County, Wayne County, McDowell County, West Virginia, elements of
the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland
River Project: Provided further, That the Chief of Engineers is directed
to continue the Dickenson County Detailed Project Report as generally
defined in Plan 4 of the Huntington District Engineer's Draft Supplement
to the section 202 General Plan for Flood Damage Reduction dated April
1997, including all Russell Fork tributary streams within the County and
special considerations as may be appropriate to address the unique
relocations and resettlement needs for the flood prone communities
within the County: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, is directed to use $16,000,000 of
the funds appropriated herein for the Clover Fork, City of Cumberland,
Town of Martin, Pike County (including Levisa Fork and Tug Fork
Tributaries), Bell County, Harlan County in accordance with the Draft
Detailed Project Report dated January 2002, Floyd County, Martin County,
Johnson County, and Knox County, Kentucky, detailed project report,
elements of the Levisa and Tug Forks of the Big Sandy River and Upper
Cumberland River: Provided further, That the Chief of Engineers is
directed to proceed with work on the permanent bridge to replace Folsom
Bridge Dam Road, Folsom, California, as authorized by the Energy and
Water Development Appropriations Act, 2004 (Public Law 108-137), and, of
the $15,000,000 available for the American River Watershed (Folsom Dam
Mini-Raise), California, project, $10,000,000 of those funds be directed
for the permanent bridge, with all remaining devoted to the Mini-Raise:
Provided further, That $300,000 is provided for the Chief of Engineers
to conduct a General Reevaluation Study on the Mount St. Helens project
to determine if ecosystem restoration actions are prudent in the Cowlitz
and Toutle watersheds for species that have been listed as being of
economic importance and threatened or endangered: Provided further, That
$35,000,000 shall be available for projects and activities authorized
under 16 U.S.C. 410-r-8: Provided further, That the Secretary is
directed to use $2,000,000 of the funds appropriated herein to provide a
grant to the City of Caliente, Nevada, for the City
[[Page 119 STAT. 2250]]
to expend for the purpose of purchasing construction equipment to be
used by the City in constructing local flood control measures.
flood control, mississippi river and tributaries, arkansas, illinois,
kentucky, louisiana, mississippi, missouri, and tennessee
For expenses necessary for the flood damage reduction program for
the Mississippi River alluvial valley below Cape Girardeau, Missouri, as
authorized by law, $400,000,000, to remain available until expended, of
which such sums as are necessary to cover the Federal share of operation
and maintenance costs for inland harbors shall be derived from the
Harbor Maintenance Trust Fund: Provided, That the Chief of Engineers is
directed to use $20,000,000 of the funds provided herein for design and
real estate activities and pump supply elements for the Yazoo Basin,
Yazoo Backwater Pumping Plant, Mississippi: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers is directed
to use $9,000,000 appropriated herein for construction of water
withdrawal features of the Grand Prairie, Arkansas, project, of which
such sums as are necessary to cover the Federal share of operation and
maintenance costs for inland harbors shall be derived from the Harbor
Maintenance Trust Fund.
operation and maintenance
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law; for
providing security for infrastructure owned and operated by, or on
behalf of, the United States Army Corps of Engineers (the ``Corps''),
including administrative buildings and facilities, laboratories, and the
Washington Aqueduct; for the maintenance of harbor channels provided by
a State, municipality, or other public agency that serve essential
navigation needs of general commerce, where authorized by law; and for
surveys and charting of northern and northwestern lakes and connecting
waters, clearing and straightening channels, and removal of obstructions
to navigation, $1,989,000,000, to remain available until expended, of
which such sums to cover the Federal share of operation and maintenance
costs for coastal harbors and channels, and inland harbors shall be
derived from the Harbor Maintenance Trust Fund, pursuant to Public Law
99-662 may be derived from that fund; of which such sums as become
available from the special account for the Corps established by the Land
and Water Conservation Act of 1965, as amended (16 U.S.C. 460l-6a(i)),
may be derived from that account for resource protection, research,
interpretation, and maintenance activities related to resource
protection in the areas at which outdoor recreation is available; and of
which such sums as become available under section 217 of the Water
Resources Development Act of 1996, Public Law 104-303, shall be used to
cover the cost of operation and maintenance of the dredged material
disposal facilities for which fees have been collected: Provided, That
utilizing funds appropriated herein, for the Intracoastal Waterway,
Delaware River to Chesapeake Bay, Delaware and Maryland, the Chief of
Engineers, is directed to reimburse the State of Delaware for normal
operation and maintenance costs incurred by the State of Delaware for
the SR1 Bridge from station 58+00 to station
[[Page 119 STAT. 2251]]
293+00 between October 1, 2005, and September 30, 2006: Provided
further, That the Chief of Engineers is authorized to undertake, at full
Federal expense, a detailed evaluation of the Albuquerque levees for
purposes of determining structural integrity, impacts of vegetative
growth, and performance under current hydrological conditions: Provided
further, That using $275,000 provided herein, the Chief of Engineers is
authorized to remove the sunken vessel State of Pennsylvania from the
Christina River in Delaware.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $160,000,000, to remain
available until expended.
revolving fund
None of the funds in title I of this Act or otherwise available to
the Corps of Engineers shall be available for the rehabilitation and
lead and asbestos abatement of the dredge McFarland.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $140,000,000, to remain available until
expended.
general expenses
For expenses necessary for general administration and related civil
works functions in the headquarters of the United States Army Corps of
Engineers, the offices of the Division Engineers, the Humphreys Engineer
Center Support Activity, the Institute for Water Resources, the United
States Army Engineer Research and Development Center, and the United
States Army Corps of Engineers Finance Center, $154,000,000, to remain
available until expended: Provided, That no part of any other
appropriation provided in title I of this Act shall be available to fund
the civil works activities of the Office of the Chief of Engineers or
the civil works executive direction and management activities of the
division offices: Provided further, That the Secretary is directed to
use $4,500,000 of the funds appropriated herein to conduct, at full
Federal expense and in close cooperation with state and local
governments, comprehensive analyses that examine multi-jurisdictional
use and management of water resources on a watershed or regional scale.
office of assistant secretary of the army (civil works)
For expenses necessary for the Office of Assistant Secretary of the
Army (Civil Works), as authorized by 10 U.S.C. 3016(b)(3), $4,000,000.
administrative provision
Appropriations in this title shall be available for official
reception and representation expenses not to exceed $5,000; and during
the current fiscal year the Revolving Fund, Corps of Engineers,
[[Page 119 STAT. 2252]]
shall be available for purchase not to exceed 100 for replacement only
and hire of passenger motor vehicles.
general provisions, corps of engineers--civil
Sec. 101. (a) None of the funds provided in title I of this Act, or
provided by previous appropriations Acts to the agencies or entities
funded in title I of this Act that remain available for obligation or
expenditure in fiscal year 2006, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project or activity;
(3) increases funds or personnel for any program, project or
activity for which funds have been denied or restricted by this
Act;
(4) proposes to use funds directed for a specific activity
by either the House or the Senate Committees on Appropriations
for a different purpose;
(5) augments existing programs, projects or activities in
excess of $2,000,000 or 50 percent, whichever is less, unless
prior approval is received from the House and Senate Committees
on Appropriations;
(6) reduces existing programs, projects or activities in
excess of $2,000,000 or 50 percent, whichever is less, unless
prior approval is received from the House and Senate Committees
on Appropriations; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations or
the table accompanying the Statement of Managers accompanying
this Act, whichever is more detailed, unless prior approval is
received from the House and Senate Committees on Appropriations.
(b) Subsection (a)(1) shall not apply to any project or activity
authorized under section 205 of the Flood Control Act of 1948; section
14 of the Flood Control Act of 1946; section 208 of the Flood Control
Act of 1954; section 107 of the River and Harbor Act of 1960; section
103 of the River and Harbor Act of 1962; section 111 of the River and
Harbor Act of 1968; section 1135 of the Water Resources Development Act
of 1986; section 206 of the Water Resources Development Act of 1996;
sections 204 and 207 of the Water Resources Development Act of 1992 or
section 933 of the Water Resources Development Act of 1986.
(c) <<NOTE: Deadline. Reports.>> Not later than 60 days after the
date of enactment of this Act, the Corps of Engineers shall submit a
report to the Committees on Appropriations of the Senate and the House
of Representatives to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal year:
Provided, That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by object class and program, project and activity as detailed in
the budget appendix for the respective appropriations; and
[[Page 119 STAT. 2253]]
(3) an identification of items of special congressional
interest: Provided further, That the amount appropriated for
salaries and expenses of the Corps of Engineers shall be reduced
by $100,000 per day for each day after the required date that
the report has not been submitted to the Congress.
(d) None of the funds received as a non-Federal share for project
costs by any agency funded in title I of this Act shall be available for
reprogramming.
Sec. 102. <<NOTE: 33 USC 2221.>> Beginning in fiscal year 2006 and
thereafter, agreements proposed for execution by the Assistant Secretary
of the Army for Civil Works or the United States Army Corps of Engineers
after the date of the enactment of this Act pursuant to section 4 of the
River and Harbor Act of 1915, Public Law 64-291; section 11 of the River
and Harbor Act of 1925, Public Law 68-585; the Civil Functions
Appropriations Act, 1936, Public Law 75-208; section 215 of the Flood
Control Act of 1968, as amended, Public Law 90-483; sections 104, 203,
and 204 of the Water Resources Development Act of 1986, as amended,
Public Law 99-662; section 206 of the Water Resources Development Act of
1992, as amended, Public Law 102-580; section 211 of the Water Resources
Development Act of 1996, Public Law 104-303; and any other specific
project authority, shall be limited to total credits and reimbursements
for all applicable projects not to exceed $100,000,000 in each fiscal
year.
Sec. 103. In order to protect and preserve the integrity of the
water supply against further degradation, none of the funds made
available under this Act and any other Act hereafter may be used by the
Army Corps of Engineers to support activities related to any proposed
new landfill in the Muskingum Watershed if such landfill--
(1) has not received a permit to construct from the State
agency with responsibility for solid waste management in the
watershed;
(2) has not received waste for disposal during 2005; and
(3) is not contiguous or adjacent to a portion of a landfill
that has received waste for disposal in 2005 and each landfill
is owned by the same person or entity.
Sec. 104. None of the funds appropriated in this or any other Act
shall be used to demonstrate or implement any plans divesting or
transferring any Civil Works missions, functions, or responsibilities of
the United States Army Corps of Engineers to other government agencies
without specific direction in a subsequent Act of Congress.
Sec. 105. St. Georges Bridge, Delaware.--None of the funds made
available in this Act may be used to carry out any activity relating to
closure or removal of the St. Georges Bridge across the Intracoastal
Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland,
including a hearing or any other activity relating to preparation of an
environmental impact statement concerning the closure or removal.
Sec. 106. <<NOTE: Applicability. Mississippi.>> Notwithstanding any
other provision of law, the requirements regarding the use of continuing
contracts under the authority of section 206 of the Water Resources
Development Act of 1999 (33 U.S.C. 2331) shall apply only to projects
funded under the Operation and Maintenance account and the Operation and
Maintenance subaccount of the Flood Control, Mississippi River and
Tributaries account.
[[Page 119 STAT. 2254]]
Sec. 107. <<NOTE: Deadline. Reports.>> Within 75 days of the date of
the Chief of Engineers Report on a water resource matter, the Assistant
Secretary of the Army (Civil Works) shall submit the report to the
appropriate authorizing and appropriating committees of the Congress.
Sec. 108. None of the funds made available in title I of this Act
may be used to award any continuing contract or to make modifications to
any existing continuing contract that commits an amount for a project in
excess of the amount appropriated for such project pursuant to this Act:
Provided, That the amounts appropriated in this Act may be modified
pursuant to the authorities provided in section 101 of this Act or
through the application of unobligated balances for such project.
Sec. 109. <<NOTE: Deadline. Reports.>> Within 90 days of the date of
enactment of this Act, the Assistant Secretary of the Army (Civil Works)
shall transmit to Congress his report on any water resources matter on
which the Chief of Engineers has reported.
Sec. 110. Section 123 of Public Law 108-137 (117 Stat. 1837) is
amended by striking ``in accordance with the Baltimore Metropolitan
Water Resources-Gwynns Falls Watershed Feasibility Report'' and all that
follows and inserting the following language in lieu thereof: ``in
accordance with the Baltimore Metropolitan Water Resources Gwynns Falls
Watershed Study--Draft Feasibility Report and Integrated Environmental
Assessment prepared by the Corps of Engineers and the City of Baltimore,
Maryland, dated April 2004. The non-Federal sponsor shall receive credit
toward its share of project costs for work carried out by the non-
Federal sponsor prior to execution of a project cooperation agreement,
if the Secretary determines that the work is integral to the project.
The non-Federal sponsor may also receive credit for any work performed
by the non-Federal sponsor pursuant to a project cooperation agreement.
The non-Federal sponsor shall be reimbursed for any work performed by
the non-Federal sponsor that is in excess of the non-Federal share of
project costs.''.
Sec. 111. None of the funds in this Act may be expended by the
Secretary of the Army to construct the Port Jersey element of the New
York and New Jersey Harbor or to reimburse the local sponsor for the
construction of the Port Jersey element until commitments for
construction of container handling facilities are obtained from the non-
Federal sponsor for a second user along the Port Jersey element.
Sec. 112. Marmet Lock, Kanawha River, West Virginia. Section
101(a)(31) of the Water Resources Development Act of 1996 (110 Stat.
3666), is amended by striking ``$229,581,000'' and inserting
``$358,000,000''.
Sec. 113. Truckee Meadows Flood Control Project, Nevada.--The non-
Federal funds expended for purchase of lands, easements and rights-of-
way, implementation of project monitoring and assessment, and
construction and implementation of recreation, ecosystem restoration,
and water quality improvement features, including the provision of 6700
acre-feet of water rights no later than the effective date of the
Truckee River Operating Agreement for re-vegetation, reestablishment and
maintenance of riverine and riparian habitat of the Lower Truckee River
and Pyramid Lake, whether expended prior to or after the signing of the
Project Cooperation Agreement (PCA), shall be fully credited to the non-
Federal sponsor's share of costs for the project: Provided, That for the
purposes of benefit-cost ratio calculations in the General Reevaluation
Report (GRR),
[[Page 119 STAT. 2255]]
the Truckee Meadows Nevada Flood Control Project shall be defined as a
single unit and non-separable.
Sec. 114. Water Reallocation, Lake Cumberland, Kentucky. (a) In
General.--Subject to subsection (b), none of the funds made available by
this Act may be used to carry out any water reallocation project or
component under the Wolf Creek Project, Lake Cumberland, Kentucky,
authorized under the Act of June 28, 1938 (52 Stat. 1215, chapter 795)
and the Act of July 24, 1946 (60 Stat. 636, chapter 595).
(b) Existing Reallocations.--Subsection (a) shall not apply to any
water reallocation for Lake Cumberland, Kentucky, that is carried out
subject to an agreement or payment schedule in effect on the date of
enactment of this Act.
Sec. 115. Section 529(b)(3) of Public Law 106-541 <<NOTE: 114 Stat.
2658.>> is amended by striking ``$10,000,000'' and inserting
``$20,000,000'' in lieu thereof.
Sec. 116. Yazoo Basin, Big Sunflower River, Mississippi.--The Yazoo
Basin, Big Sunflower River, Mississippi, project authorized by the Flood
Control Act of 1944, as amended and modified, is further modified to
include the design and construction at full Federal expense of such
measures as determined by the Chief of Engineers to be advisable for the
control and reduction of sedimentation, erosion and headcutting in
watersheds of the Yazoo Basin: Yazoo Headwater and Big Sunflower.
Sec. 117. Lower Mississippi River Museum and Riverfront Interpretive
Site, Mississippi.--The Water Resources Development Act of 1992 (106
Stat. 4811) is amended by--
(1) in section 103(c)(2) by striking ``property currently
held by the Resolution Trust Corporation in the vicinity of the
Mississippi River Bridge'' and inserting ``riverfront
property''; and
(2) in section 103(c)(7)--
(A) by striking ``There is'' and inserting the
following: ``(A) In general.--There is''; and
(B) by striking ``$2,000,000'' and all that follows
and inserting the following: ``$15,000,000 to plan,
design, and construct generally in accordance with the
conceptual plan to be prepared by the Corps of
Engineers.
``(B) Funding.--The planning, design, and
construction of the Lower Mississippi River Museum and
Riverfront Interpretive Site shall be carried out using
funds appropriated as part of the Mississippi River
Levees feature of the Mississippi River and Tributaries
Project, authorized by the Act of May 15, 1928 (45 Stat.
534, chapter 569).''.
Sec. 118. Section 593(h) of Public Law 106-541 <<NOTE: 113 Stat.
380.>> is amended by striking ``$25,000,000'' and inserting
``$50,000,000'' in lieu thereof.
Sec. 119. The project for navigation, Los Angeles Harbor,
California, authorized by section 101(b)(5) of the Water Resources
Development Act of 2000 (114 Stat. 2577) is modified to authorize the
Chief of Engineers to carry out the project at a total cost of
$222,000,000.
Sec. 120. Section 219(f) of the Water Resources Development Act of
1992 (Public Law 102-580; 106 Stat. 4835), as amended by section 502(b)
of the Water Resources Development Act of 1999 (Public Law 106-53) and
section 108(d) of title I of division B of the Miscellaneous
Appropriations Act, 2001 (as enacted by Public
[[Page 119 STAT. 2256]]
Law 106-554; 114 Stat. 2763A-220), is further amended by adding at the
end the following:
``(72) Alpine, california.--$10,000,000 is authorized for a
water transmission main, Alpine, CA.''.
Sec. 121. (a) The Secretary of the Army may carry out and fund
projects to comply with the 2003 Biological Opinion described in section
205(b) of the Energy and Water Development Appropriations Act, 2005
(Public Law 108-447; 118 Stat. 2949) as amended by subsection (b) and
may award grants and enter into contracts, cooperative agreements, or
interagency agreements with participants in the Endangered Species Act
Collaborative Program Workgroup referenced in section 209(a) of the
Energy and Water Development Appropriations Act, 2004 (Public Law 108-
137; 117 Stat. 1850) in order to carry out such projects. Any project
undertaken under this subsection shall require a non-Federal cost share
of 25 percent, which may be provided through in-kind services or direct
cash contributions and which shall be credited on a programmatic basis
instead of on a project-by-project basis, with reconciliation of total
project costs and total non-Federal cost share calculated on a three
year incremental basis. Non-Federal cost share that exceeds that which
is required in any calculated three year increment shall be credited to
subsequent three year increments.
(b) Section 205(b) of Public Law 108-447 (118 Stat. 2949) is amended
by adding ``and any amendments thereto'' after the word ``2003''.
Sec. 122. Bluestone, West Virginia. Section 547 of the Water
Resources Development Act of 2000 (114 Stat. 2676) is amended--
(1) in subsection (b)(1)(A) by striking ``4 years'' and
inserting ``5 years'';
(2) in subsection (b)(1)(B)(iii) by striking ``if all'' and
all that follows through ``facility'' and inserting ``assurance
project'';
(3) in subsection (b)(1)(C) by striking ``and construction''
and inserting ``, construction, and operation and maintenance'';
(4) by adding at the end of subsection (b) the following:
``(3) Operation and ownership.--The Tri-Cities Power
Authority shall be the owner and operator of the hydropower
facilities referred to in subsection (a).'';
(5) in subsection (c)(1)--
(A) by striking ``No'' and inserting ``Unless
otherwise provided, no'';
(B) by inserting ``planning,'' before ``design'';
and
(C) by striking ``prior to'' and all that follows
through ``subsection (d)'';
(6) in subsection (c)(2) by striking ``design'' and
inserting ``planning, design,'';
(7) in subsection (d)--
(A) by striking paragraphs (1) and (2) and inserting
the following:
``(1) Approval.--The Secretary shall review the design and
construction activities for all features of the hydroelectric
project that pertain to and affect stability of the dam and
control the release of water from Bluestone Dam to ensure that
the quality of construction of those features meets all
standards established for similar facilities constructed by the
Secretary.'';
(B) by redesignating paragraph (3) as paragraph (2);
[[Page 119 STAT. 2257]]
(C) by striking the period at the end of paragraph
(2) (as so redesignated) and inserting ``, except that
hydroelectric power is no longer a project purpose of
the facility so long as Tri-Cities Power Authority
continues to exercise its responsibilities as the
builder, owner, and operator of the hydropower
facilities at Bluestone Dam. Water flow releases and
flood control from the hydropower facilities shall be
determined and directed by the Corps of Engineers.'';
and
(D) by adding at the end the following:
``(3) Coordination.--Construction of the hydroelectric
generating facilities shall be coordinated with the dam safety
assurance project currently in the design and construction
phases.'';
(8) in subsection (e) by striking ``in accordance'' and all
that follows through ``58 Stat. 890)'';
(9) in subsection (f)--
(A) by striking ``facility of the interconnected
systems of reservoirs operated by the Secretary'' each
place it appears and inserting ``facilities under
construction under such agreements''; and
(B) by striking ``design'' and inserting ``planning,
design'';
(10) in subsection (f)(2)--
(A) by ``Secretary'' each place it appears and
inserting ``Tri-Cities Power Authority''; and
(B) by striking ``facilities referred to in
subsection (a)'' and inserting ``such facilities'';
(11) by striking paragraph (1) of subsection (g) and
inserting the following:
``(1) to arrange for the transmission of power to the market
or to construct such transmission facilities as necessary to
market the power produced at the facilities referred to in
subsection (a) with funds contributed by the Tri-Cities Power
Authority; and'';
(12) in subsection (g)(2) by striking ``such facilities''
and all that follows through ``the Secretary'' and inserting
``the generating facility''; and
(13) by adding at the end the following:
``(i) Tri-Cities Power Authority Defined.--In this section, the
`Tri-Cities Power Authority' refers to the entity established by the
City of Hinton, West Virginia, the City of White Sulphur Springs, West
Virginia, and the City of Philippi, West Virginia, pursuant to a
document entitled `Second Amended and Restated Intergovernmental
Agreement' approved by the Attorney General of West Virginia on February
14, 2002.''.
Sec. 123. (a) In General.--
(1) <<NOTE: Mississippi.>> After the date of enactment of
this Act, the Secretary of the Army shall carry out the project
for wastewater infrastructure, DeSoto County, Mississippi,
authorized by section 219(f)(30) of Public Law 102-580, as
amended, in accordance with the provisions of this subsection.
(2) The non-Federal interest shall be primarily responsible
for carrying out work on the project referred to in paragraph
(1) that is not covered by the Project Cooperation Agreement
executed on May 13, 2002 or any amendments thereto, including
work associated with the design, construction,
[[Page 119 STAT. 2258]]
management, and administration of the project. The non-Federal
interest may carry out work on the project subject to obtaining
any permits required pursuant to Federal and State laws and
subject to general supervision and administrative oversight by
the Secretary of the Army.
(3) The Federal share of project costs incurred by the non-
Federal interest in carrying out work on the project as provided
for in paragraph (2) shall equal 75 percent of the total cost of
the work and shall be in the form of grants or reimbursements,
except that the total amount of Federal funds available for the
project, including that portion of the project carried out as
provided for in paragraph (2), may not exceed $55,000,000.
(b) Technical Amendment.--Section 6006 of the Emergency Supplemental
Appropriations Act, 2005 (119 Stat. 282) is amended by striking
``between May 13, 2002, and September 30, 2005'' and inserting ``after
May 13, 2002'' in lieu thereof.
Sec. 124. The project for flood control, Las Vegas Wash and
Tributaries (Flamingo and Tropicana Washes), Nevada, authorized by
section 101(13) of Public Law 102-580 and modified by Public Law 108-7
(H.J. Res. 2) Consolidated Appropriations Resolution, 2003, section 107
is further modified to provide that the costs incurred for design and
construction of the project channel crossings in the reach of the
channels from Shelbourne Avenue proceeding north along the alignment of
Durango Drive and continuing east along the Southern Beltway to Martin
Avenue shall be added to the authorized cost of the project and such
costs shall be cost shared and shall not be considered part of the non-
Federal sponsor's responsibility to provide lands, easements, and
rights-of-way, and to perform relocations for the project.
Sec. 125. Restoration of the Lake Michigan Waterfront and Related
Areas, Lake and Porter Counties, Indiana.--The Secretary of the Army,
acting through the Chief of Engineers is authorized and directed to
carry out a continuing program for the restoration of the Lake Michigan
Waterfront and Related Areas, Lake and Porter Counties, Indiana.
(1) Definitions.--
(A) Related areas are defined as adjacent or close
sites that have an impact or influence on the waterfront
areas or aquatic habitat.
(B) Restore is defined as--
(i) activities that improve a site's ecosystem
function, structure, and dynamic processes to a
less degraded and more natural condition, and/or
(ii) the management of contaminants that allow
the site to be safely used for ecological and/or
economic purposes.
(2) Justification.--Projects can be justified by ecosystem
benefits, clean-up of contaminated sites, public health, safety,
economic benefits or any combination of these. Sites restored
for economic purposes can be redeveloped by others. Restoration
sites may include compatible recreation facilities that do not
diminish the restoration purpose and do not increase the Federal
cost share by more than 10 percent.
(3) Cost sharing.--The construction of projects are cost
shared at 65 percent Federal and 35 percent non-Federal except
when there is a demonstration of innovative technology. The
[[Page 119 STAT. 2259]]
cost share is then 85 percent Federal and 15 percent non-
Federal.
(4) Credit.--
(A) The Secretary shall credit the non-Federal
interest for the value of any lands, easements, rights-
of-way, relocations, excavated and/or dredged material
disposal areas required for carrying out a project. When
the cost of the provision of all lands, easements,
rights-of-way, relocations, excavated and/or dredged
material disposal areas exceeds the non-Federal share,
as identified in paragraph (3), the non-Federal interest
may waive any right under Federal cost-sharing policy to
receive cash reimbursement for any such value in excess
of the non-Federal share as identified in paragraph (3).
(B) The non-Federal interest may provide up to 100
percent of the non-Federal share required under
paragraph (3) in the form of services, materials,
supplies, or other in-kind contributions including
monies paid pursuant to, or the value of any in-kind
service performed under, an administrative order on
consent or jurisdictional consent decree but may not
include any monies paid pursuant to, or the value of any
in-kind service performed under, a unilateral
administrative order or court order.
(C) The total of non-Federal credit for services,
materials, supplies, or other in-kind contributions when
combined with lands, easements, rights-of-way,
relocations, excavated and/or dredged material disposal
areas shall not exceed the non-Federal share identified
in paragraph (3).
(5) Operation, maintenance, repair, replacement and
rehabilitation.--Operation, maintenance, repair, replacement and
rehabilitation is 100 percent non-Federal cost.
(6) Hold harmless.--Non-Federal interests hold and save
harmless the United States free from claims or damages due to
implementation of the project except for negligence of the
government.
(7) Authorized appropriations.--There is authorized to be
appropriated to carry out this program $20,000,000 for each
fiscal year.
Sec. 126. Chesapeake Bay Oyster Restoration, Maryland and
Virginia.--The second sentence of section 704(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 2263(b)) is amended by striking
``$20,000,000'' and inserting ``$30,000,000''.
Sec. 127. The project for flood control, Little Calumet River,
Indiana, authorized by section 401(a) of Public Law 99-662 (100 Stat.
4115) is modified to authorize the Secretary of the Army to complete the
project in accordance with the post authorization change report dated
August 2000 at a total cost of $198,000,000 with an estimated Federal
cost of $148,500,000 and an estimated non-Federal cost of $49,500,000.
Sec. 128. American River Watershed, California (Folsom Dam and
Permanent Bridge).--(a) Coordination of Flood Damage Reduction and Dam
Safety.--The Secretary of the Army and the Secretary of the Interior are
directed to collaborate on authorized activities to maximize flood
damage reduction improvements and address dam safety needs at Folsom Dam
and Reservoir, California. The Secretaries shall expedite technical
reviews for flood damage reduction and dam safety improvements. In
developing
[[Page 119 STAT. 2260]]
improvements under this section, the Secretaries shall consider
reasonable modifications to existing authorized activities, including a
potential auxiliary spillway. In conducting such activities, the
Secretaries are authorized to expend funds for coordinated technical
reviews and joint planning, and preliminary design activities.
(b) Secretary's Role.--Section 134 of Public Law 108-137 (117 Stat.
1842) is modified to read as follows:
``SEC. 134. BRIDGE AUTHORIZATION.
``There is authorized to be appropriated to the Secretary of the
Army $30,000,000 for the construction of the permanent bridge described
in section 128(a), above the $36,000,000 provided for in the recommended
plan for bridge construction. The $30,000,000 shall not be subject to
cost sharing requirements with non-Federal interests.''.
(c) Conforming Change.--Section 128(a) of Public Law 108-137 (117
Stat. 1838) is modified by deleting ``above the $36,000,000 provided for
in the recommended plan for bridge construction,'' and inserting in lieu
thereof the following: ``above the sum of the $36,000,000 provided for
in the recommended plan for bridge construction and the amount
authorized to be appropriated by section 134, as amended,''.
(d) Maximum Cost of Project.--The costs cited in subsections (b) and
(c) shall be adjusted to allow for increases pursuant to section 902 of
Public Law 99-662 (100 Stat. 4183). <<NOTE: Effective date.>> For
purposes of making adjustments pursuant to this subsection, the date of
authorization of the bridge project shall be December 1, 2003.
(e) Expedited Construction.--The Secretary, in coordination with the
Secretary of the Interior and affected non-Federal officials (including
the City of Folsom, California), shall expedite construction of a new
bridge and associated roadway authorized in Public Law 108-137. The
Secretary, to the extent practicable, may construct such work in a
manner that is compatible with the design and construction of authorized
projects for flood damage reduction and dam safety. The Secretary and
the Secretary of the Interior shall expedite actions under their
respective jurisdictions to facilitate timely completion of
construction.
(f) Report to Congress.--The Secretary of the Army, in consultation
with the Secretary of the Interior and non-Federal interests, shall
report to Congress within ninety days of the date of enactment of this
Act, and at four-month intervals thereafter, on the status and schedule
of planning, design and construction activity.
Sec. 129. Jacksonville Harbor, Florida.--(a) The project for
navigation, Jacksonville Harbor, Florida, authorized by section
101(a)(17) of the Water Resources Development Act of 1999 (113 Stat.
276), is modified to authorize the Secretary to extend the navigation
features in accordance with the Report of the Chief of Engineers, dated
July 22, 2003, at a total cost of $14,658,000, with an estimated Federal
cost of $9,636,000 and an estimated non-Federal cost of $5,022,000.
(b) The non-Federal share of the costs of the General Reevaluation
Reports on the Jacksonville Harbor which were begun prior to August
2004, shall be consistent with the non-Federal costs in implementing the
overall construction project.
[[Page 119 STAT. 2261]]
Sec. 130. Section 594(g) of the Water Resources Development Act of
1999 (113 Stat. 383) is amended by striking ``$60,000,000'' and
inserting ``$240,000,000''.
Sec. 131. Onondaga Lake, New York.--Section 573 of the Water
Resources Development Act of 1999 (113 Stat. 372) is amended--
(1) in subsection (f) by striking ``$10,000,000'' and
inserting ``$30,000,000'';
(2) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(3) by inserting after subsection (e) the following:
``(f) Nonprofit Entities.--Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project
carried out under this section, a non-Federal interest may include a
nonprofit entity, with the consent of the affected local government.''.
Sec. 132. White River Basin, Arkansas.--(a) Minimum Flows.--
(1) In general.--The Secretary is authorized and directed to
implement alternatives BS-3 and NF-7, as described in the White
River Minimum Flows Reallocation Study Report, Arkansas and
Missouri, dated July 2004.
(2) Cost sharing and allocation.--Reallocation of storage
and planning, design and construction of White River Minimum
Flows project facilities shall be considered fish and wildlife
enhancement that provides national benefits and shall be a
Federal expense in accordance with section 906(e) of the Water
Resources Development Act of 1986 (33 U.S.C. 2283(e)). The non-
Federal interests shall provide relocations or modifications to
public and private lakeside facilities at Bull Shoals Lake and
Norfork Lake to allow reasonable continued use of the facilities
with the storage reallocation as determined by the Secretary in
consultation with the non-Federal interests. Operations and
maintenance costs of the White River Minimum Flows project
facilities shall be 100 percent Federal. All Federal costs for
the White River Minimum Flows project shall be considered non-
reimbursable.
(3) Impacts on non-federal project.--The Administrator of
Southwestern Power Administration, in consultation with the
project licensee and the relevant state public utility
commissions, shall determine any impacts on electric energy and
capacity generated at Federal Energy Regulatory Commission
Project No. 2221 caused by the storage reallocation at Bull
Shoals Lake, based on data and recommendations provided by the
relevant state public utility commissions. The licensee of
Project No. 2221 shall be fully compensated by the Corps of
Engineers for those impacts on the basis of the present value of
the estimated future lifetime replacement costs of the
electrical energy and capacity at the time of implementation of
the White River Minimum Flows project. Such costs shall be
included in the costs of implementing the White River Minimum
Flows project and allocated in accordance with subsection (a)(2)
above.
(4) Offset.--In carrying out this subsection, losses to the
Federal hydropower purpose of the Bull Shoals and Norfork
Projects shall be offset by a reduction in the costs allocated
to the Federal hydropower purpose. Such reduction shall be
[[Page 119 STAT. 2262]]
determined by the Administrator of the Southwestern Power
Administration on the basis of the present value of the
estimated future lifetime replacement cost of the electrical
energy and capacity at the time of implementation of the White
River Minimum Flows project.
(b) Fish Hatchery.--In constructing, operating, and maintaining the
fish hatchery at Beaver Lake, Arkansas, authorized by section 105 of the
Water Resources Development Act of 1976 (90 Stat. 2921), losses to the
Federal hydropower purpose of the Beaver Lake Project shall be offset by
a reduction in the costs allocated to the Federal hydropower purpose.
Such reduction shall be determined by the Administrator of the
Southwestern Power Administration based on the present value of the
estimated future lifetime replacement cost of the electrical energy and
capacity at the time operation of the hatchery begins.
(c) Repeal.--Section 374 of the Water Resources Development Act of
1999 (113 Stat. 321) and section 304 of the Water Resources Development
Act of 2000 <<NOTE: 114 Stat. 2601.>> (Public Law 106-541) are repealed.
Sec. 133. Calcasieu Ship Channel, Louisiana. (a) In General.--At
such time as Pujo Heirs and Westland Corporation convey all right,
title, and interest in and to the real property described in paragraph
(b)(1) to the United States, the Secretary shall convey all right,
title, and interest of the United States in and to the real property
described in paragraph (b)(2) to Pujo Heirs and Westland Corporation.
(b) Land Description.--The parcels of land referred to in paragraph
(a) are the following:
(1) Non-federal interest in land.--An easement for placement
of dredged materials over a contiguous equivalent area to the
real property described in subparagraph (2). The parcels on
which such an easement may be exchanged is all of the area
within the diked or confined boundaries of the Corps of
Engineers Dredge Material Placement Area M comprising Tract
128E, Tract 129E, Tract 131E, Tract 41A, Tract 42, Tract 132E,
Tract 130E, Tract 134E, Tract 133E-3, Tract 140E, or some
combination thereof.
(2) Federal interest in land.--An easement for placement of
dredged materials over an area in Cameron Parish, Louisiana,
known as portions of Government Tract Numbers 139E-2 and 48
(both tracts on the west shore of the Calcasieu Ship Channel),
and other tracts known as Corps of Engineers Dredge Material
Placement Area O.
(c) Conditions.--The exchange of real property under paragraph (1)
shall be subject to the following conditions:
(1) Deeds.--
(A) Non-federal land.--The conveyance of the real
property described in paragraph (b)(1) to the Secretary
shall be by a warranty deed acceptable to the Secretary.
(B) Federal land.--The conveyance of the real
property described in paragraph (b)(2) to Pujo Heirs and
Westland Corporation shall be by a quitclaim deed.
(2) Time limit for exchange.--The land exchange under
paragraph (a) shall be completed not later than six months after
the date of enactment of this Act.
(3) Incremental costs.--As determined by the Secretary,
incremental costs to the Lake Charles Harbor and Terminal
District associated with the preparation of the area and the
[[Page 119 STAT. 2263]]
placement of dredge material in the new disposal easement area,
paragraph (b)(1), including, site preparation costs, associated
testing, permitting, mitigation and diking costs associated with
such new disposal easement over the costs that would have been
incurred in the placement of dredge material in the old disposal
easement area, paragraph (b)(2) (comprising all of Corps of
Engineers Dredge Material Placement Area O) up to the disposal
capacity equivalent of the property described in paragraph
(b)(2), shall be made available by the Owners. Owners shall make
appropriated guarantees, as agreed to by the Secretary, that
funds will be available as needed to cover such incremental
costs. The Lake Charles Harbor and Terminal District, as local
sponsor for the Calcasieu Ship Channel Project, shall not be
assessed or caused to incur any costs arising out of, associated
with or as a consequence of the land exchange authorized under
paragraph (a).
(d) Value of Properties.--If the appraised fair market value, as
determined by the Secretary, of the real property conveyed to Pujo Heirs
and Westland Corporation by the Secretary under paragraph (a) exceeds
the appraised fair market value, as determined by the Secretary, of the
real property conveyed to the United States by Pujo Heirs and Westland
Corporation under paragraph (a), Pujo Heirs and Westland Corporation
shall make a payment to the United States equal to the excess in cash or
a cash equivalent that is satisfactory to the Secretary.
Sec. 134. Project Modification.--(a) In General.--The project for
flood damage reduction, environmental restoration, recreation, Johnson
Creek, Arlington, Texas, authorized by section 101(b)(14) of the Water
Resources Development Act of 1999 (113 Stat. 280-281) is modified--
(1) to deauthorize the ecosystem restoration portion of the
project that consists of approximately 90 acres of land located
between Randol Mill and the Union Pacific East/West line; and
(2) to authorize the Secretary of the Army to design and
construct an ecosystem restoration project on lands identified
in subsection (c) that will provide the same or greater level of
national ecosystem restoration benefits as the portion of the
project described in paragraph (1).
(b) Credit Toward Federal Share.--The Secretary of the Army shall
credit toward the Federal share of the cost of the modified project the
costs incurred by the Secretary to carry out the project as originally
authorized under section 101(b)(14) of the Water Resources Development
Act of 1999 (113 Stat. 280). The non-Federal interest shall not be
responsible for reimbursing the Secretary for any amount credited under
this subsection.
(c) <<NOTE: Deadline. Texas.>> Comparable Property.--Not later than
6 months after the date of enactment of this Act, the City of Arlington,
Texas, shall identify lands, acceptable to the Secretary of the Army,
amounting to not less than 90 acres within the City, where an ecosystem
restoration project may be constructed to provide the same or greater
level of National ecosystem restoration benefits as the land described
in subsection (a)(1).
Sec. 135. Funds made available in Public Law 105-62 and Public Law
105-245 for Hudson River, Athens, New York, shall be available for
projects in the Catskill/Delaware watersheds in Delaware and Greene
Counties, New York, under the authority
[[Page 119 STAT. 2264]]
of the New York City Watershed Environmental Assistance Program.
Sec. 136. None of the funds contained in title I of this Act shall
be available to permanently reassign or to temporarily reassign in
excess of 180 days personnel from the Charleston, South Carolina
district office: Provided, That this limitation shall not apply to
voluntary change of station.
Sec. 137. The Secretary of the Army, acting through the Chief of
Engineers, is hereby authorized and directed to design and construct
until hereafter completed, the recreation and access features designated
as Phase II of the Louisville Waterfront Park, Kentucky, as described in
the Louisville Waterfront Park, Phases II and III, Detailed Project
Report, by the Louisville District of the Corps of Engineers dated May
2002. The project shall be cost shared 50 percent Federal and 50 percent
non-Federal. The cost of project work undertaken by the non-Federal
interests, including but not limited to prior planning, design, and
construction, shall be credited toward the non-Federal share of project
design and construction costs.
Sec. 138. Akutan, Alaska.--(a) In General.--The Secretary of the
Army is authorized to carry out the project for navigation, Akutan,
Alaska, substantially in accordance with the plans, and subject to the
conditions, described in the Report of the Chief of Engineers dated
December 20, 2004, at a total cost of $19,700,000.
(b) Treatment of Certain Dredging.--The headlands dredging for the
mooring basin shall be considered a general navigation feature for
purposes of estimating the non-Federal share of the cost of the project.
Sec. 139. <<NOTE: Designation. Maryland.>> (a) In General.--The
project for the beneficial use of dredged material at Poplar Island,
Maryland, authorized by section 537 of the Water Resources Development
Act of 1996 (110 Stat. 3776) shall be known as and designated as the
``Paul S. Sarbanes Ecosystem Restoration Project at Poplar Island''.
(b) Reference.--Any reference in a law, map, regulation, document,
paper or other record of the United States (including reference by the
Corps of Engineers) to the project referred to in subsection (a) shall
be deemed to be a reference to the ``Paul S. Sarbanes Ecosystem
Restoration Project at Poplar Island''.
(c) Effective Date.--The project designation in this section shall
become effective on January 4, 2007.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $32,614,000, to remain available until expended, of
which $946,000 shall be deposited into the Utah Reclamation Mitigation
and Conservation Account for use by the Utah Reclamation Mitigation and
Conservation Commission.
In addition, for necessary expenses incurred in carrying out related
responsibilities of the Secretary of the Interior, $1,736,000, to remain
available until expended.
[[Page 119 STAT. 2265]]
Bureau of Reclamation
The following appropriations shall be expended to execute authorized
functions of the Bureau of Reclamation:
water and related resources
(including transfer of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, Indian tribes, and others,
$883,514,000, to remain available until expended, of which $59,544,000
shall be available for transfer to the Upper Colorado River Basin Fund
and $21,998,000 shall be available for transfer to the Lower Colorado
River Basin Development Fund; of which such amounts as may be necessary
may be advanced to the Colorado River Dam Fund; of which not more than
$500,000 is for high priority projects which shall be carried out by the
Youth Conservation Corps, as authorized by 16 U.S.C. 1706: Provided,
That such transfers may be increased or decreased within the overall
appropriation under this heading: Provided further, That of the total
appropriated, the amount for program activities that can be financed by
the Reclamation Fund or the Bureau of Reclamation special fee account
established by 16 U.S.C. 460l-6a(i) shall be derived from that Fund or
account: Provided further, That funds contributed under 43 U.S.C. 395
are available until expended for the purposes for which contributed:
Provided further, That funds advanced under 43 U.S.C. 397a shall be
credited to this account and are available until expended for the same
purposes as the sums appropriated under this heading: Provided further,
That funds available for expenditure for the Departmental Irrigation
Drainage Program may be expended by the Bureau of Reclamation for site
remediation on a non-reimbursable basis: Provided further, That $500,000
of the funds provided herein shall be used on a non-reimbursible basis
to fund the collection of technical and environmental data to be used to
evaluate potential rehabilitation of the St. Mary Storage Unit
facilities, Milk River Project, Montana, and that Reclamation shall
enter into cooperative agreements with the State of Montana or the
Blackfeet Tribe to carry out such work if the Secretary determines such
agreements would be cost-effective and efficient.
central valley project restoration fund
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, $52,219,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration Fund
pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of
Public Law 102-575, to remain available until expended: Provided, That
the Bureau of Reclamation is directed to assess and collect the full
amount of the additional mitigation and restoration payments authorized
by section 3407(d) of Public
[[Page 119 STAT. 2266]]
Law 102-575: Provided further, That none of the funds made available
under this heading may be used for the acquisition or leasing of water
for in-stream purposes if the water is already committed to in-stream
purposes by a court adopted decree or order.
california bay-delta restoration
(including transfer of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans to
be approved by the Secretary of the Interior, $37,000,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further, That
the use of any funds provided to the California Bay-Delta Authority for
program-wide management and oversight activities shall be subject to the
approval of the Secretary of the Interior: Provided further, That CALFED
implementation shall be carried out in a balanced manner with clear
performance measures demonstrating concurrent progress in achieving the
goals and objectives of the Program: Provided further, That $500,000
shall be transferred to the Army Corps of Engineers to carry out the
report on levee stability reconstruction projects and priorities
authorized under section 103(f)(3) of Public Law 108-361.
policy and administration
For necessary expenses of policy, administration, and related
functions in the office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until expended, $57,917,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed 14 passenger motor vehicles, of which 11 are
for replacement only.
General Provisions, Department of the Interior
Sec. 201. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of California
of a plan, which shall conform to the water quality standards of the
State of California as approved by the Administrator of the
Environmental Protection Agency, to minimize any detrimental effect of
the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or
[[Page 119 STAT. 2267]]
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. <<NOTE: New Mexico.>> 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. <<NOTE: Contracts.>> (a) Section 1(a) of the Lower
Colorado Water Supply Act (Public Law 99-655) <<NOTE: 100 Stat.
3665.>> is amended by adding at the end the following: ``The Secretary
is authorized to enter into an agreement or agreements with the city of
Needles or the Imperial Irrigation District for the design and
construction of the remaining stages of the Lower Colorado Water Supply
Project on or after November 1, 2004, and the Secretary shall ensure
that any such agreement or agreements include provisions setting forth:
(1) the responsibilities of the parties to the agreement for design and
construction; (2) the locations of the remaining wells, discharge
pipelines, and power transmission lines; (3) the remaining design
capacity of up to 5,000 acre-feet per year which is the authorized
capacity less the design capacity of the first stage constructed; (4)
the procedures and requirements for approval and acceptance by the
Secretary of the remaining stages, including approval of the quality of
construction, measures to protect the public health and safety, and
procedures for protection of such stages; (5) the rights,
responsibilities, and liabilities of each party to the agreement; and
(6) the term of the agreement.''.
(b) Section 2(b) of the Lower Colorado Water Supply Act (Public Law
99-655) <<NOTE: 100 Stat. 3665.>> is amended by adding at the end the
following: ``Subject to the demand of such users along or adjacent to
the Colorado River for Project water, the Secretary is further
authorized to contract with additional persons or entities who hold
Boulder Canyon Project Act section 5 contracts for municipal and
industrial uses within the State of California for the use or benefit of
Project water under such terms as the Secretary determines will benefit
the interest of Project users along the Colorado River.''.
Sec. 204. Funds under this title for Drought Emergency Assistance
shall be made available primarily for leasing of water for specified
drought related purposes from willing lessors, in compliance with
existing State laws and administered under State water priority
allocation. Such leases may be entered into with an option to purchase:
Provided, That such purchase is approved by the State in which the
purchase takes place and the purchase does not cause economic harm
within the State in which the purchase is made.
Sec. 205. <<NOTE: Grants. Contracts.>> 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
[[Page 119 STAT. 2268]]
of the cost of planning, designing, and constructing improvements that
will conserve water, increase water use efficiency, or enhance water
management through measurement or automation, at existing water supply
projects within the States identified in the Act of June 17, 1902, as
amended, and supplemented: Provided, That when such improvements are to
federally owned facilities, such funds may be provided in advance on a
non-reimbursable basis to an entity operating affected transferred works
or may be deemed non-reimbursable for non-transferred works: Provided
further, That the calculation of the non-Federal contribution shall
provide for consideration of the value of any in-kind contributions, but
shall not include funds received from other Federal agencies: Provided
further, That the cost of operating and maintaining such improvements
shall be the responsibility of the non-Federal entity: Provided further,
That this section shall not supercede any existing project-specific
funding authority: Provided further, That the Secretary is also
authorized to enter into grants or cooperative agreements with
universities or non-profit research institutions to fund water use
efficiency research.
Sec. 206. Water Desalination Act.--Section 8 of Public Law 104-298
(The Water Desalination Act of 1996) (110 Stat. 3624) as amended by
section 210 of Public Law 108-7 (117 Stat. 146) and by section 6015 of
Public Law 109-13 <<NOTE: 42 USC 10301 note.>> is amended by--
(1) in paragraph (a) by striking ``2005'' and inserting in
lieu thereof ``2006''; and
(2) in paragraph (b) by striking ``2005'' and inserting in
lieu thereof ``2006''.
Sec. 207. Section 17(b) of the Colorado Ute Indian Water Rights
Settlement Act of 1988 as amended (Public Law 100-585, 102 Stat. 2973;
Public Law 106-554, 114 Stat. 2763A-266) is amended by striking ``within
7 years'' and all that follows through ``following the date of enactment
of this section'' and inserting ``for each of fiscal years 2006 through
2012''.
Sec. 208. (a)(1) Using amounts made available under section 2507 of
the Farm and Security Rural Investment Act of 2002 (43 U.S.C. 2211 note;
Public Law 107-171), the Secretary shall provide not more than
$70,000,000 to the University of Nevada--
(A) to acquire from willing sellers land, water appurtenant
to the land, and related interests in the Walker River Basin,
Nevada; and
(B) to establish and administer an agricultural and natural
resources center, the mission of which shall be to undertake
research, restoration, and educational activities in the Walker
River Basin relating to--
(i) innovative agricultural water conservation;
(ii) cooperative programs for environmental
restoration;
(iii) fish and wildlife habitat restoration; and
(iv) wild horse and burro research and adoption
marketing.
(2) In acquiring interests under paragraph (1)(A), the University of
Nevada shall make acquisitions that the University determines are the
most beneficial to--
(A) the establishment and operation of the agricultural and
natural resources research center authorized under paragraph
(1)(B); and
(B) environmental restoration in the Walker River Basin.
[[Page 119 STAT. 2269]]
(b)(1) Using amounts made available under section 2507 of the Farm
and Security Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public
Law 107-171), the Secretary shall provide not more than $10,000,000 for
a water lease and purchase program for the Walker River Paiute Tribe.
(2) Water acquired under paragraph (1) shall be--
(A) acquired only from willing sellers;
(B) designed to maximize water conveyances to Walker Lake;
and
(C) located only within the Walker River Paiute Indian
Reservation.
(c) Using amounts made available under section 2507 of the Farm and
Security Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law
107-171), the Secretary, acting through the Commissioner of Reclamation,
shall provide--
(1) $10,000,000 for tamarisk eradication, riparian area
restoration, and channel restoration efforts within the Walker
River Basin that are designed to enhance water delivery to
Walker Lake, with priority given to activities that are expected
to result in the greatest increased water flows to Walker Lake;
and
(2) $5,000,000 to the United States Fish and Wildlife
Service, the Walker River Paiute Tribe, and the Nevada Division
of Wildlife to undertake activities, to be coordinated by the
Director of the United States Fish and Wildlife Service, to
complete the design and implementation of the Western Inland
Trout Initiative and Fishery Improvements in the State of Nevada
with an emphasis on the Walker River Basin.
(d) <<NOTE: Effective date.>> For each day after June 30, 2006, on
which the Bureau of Reclamation fails to comply with subsections (a),
(b), and (c), the total amount made available for salaries and expenses
of the Bureau of Reclamation shall be reduced by $100,000 per day.
Sec. 209. <<NOTE: Reports.>> (a) The Secretary of the Interior is
authorized to complete a special report to update the analysis of costs
and associated benefits of the Auburn-Folsom South Unit, Central Valley
Project, California authorized under Federal reclamation laws and the
Act of September 2, 1965, Public Law 89-161, 79 Stat. 615 in order to--
(1) identify those project features that are still relevant;
(2) identify changes in benefit values from previous
analyses and update to current levels;
(3) identify design standard changes from the 1978
Reclamation design which require updated project engineering;
(4) assess risks and uncertainties associated with the 1978
Reclamation design;
(5) update design and reconnaissance-level cost estimate for
features identified under paragraph (1); and
(6) perform other analyses that the Secretary deems
appropriate to assist in the determination of whether a full
feasibility study is warranted.
(b) There are authorized to be appropriated $1,000,000 to carry out
this section. The cost of completing this update shall be non-
reimbursable.
[[Page 119 STAT. 2270]]
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Supply and Conservation
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy supply and energy conservation activities
in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $1,830,936,000, to remain
available until expended.
Clean Coal Technology
(deferral and rescission)
Of the funds made available under this heading for obligation in
prior years, $257,000,000 shall not be available until October 1, 2006:
Provided, That funds made available in previous appropriations Acts
shall be made available for any ongoing project regardless of the
separate request for proposal under which the project was selected:
Provided further, That $20,000,000 of uncommitted balances is rescinded.
Fossil Energy Research and Development
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (Public Law 95-91), including the acquisition of
interest, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or
expansion, the hire of passenger motor vehicles, the hire, maintenance,
and operation of aircraft, the purchase, repair, and cleaning of
uniforms, the reimbursement to the General Services Administration for
security guard services, and for conducting inquiries, technological
investigations and research concerning the extraction, processing, use,
and disposal of mineral substances without objectionable social and
environmental costs (30 U.S.C. 3, 1602, and 1603), $597,994,000, to
remain available until expended, of which $18,000,000 is to continue a
multi-year project coordinated with the private sector for FutureGen,
without regard to the terms and conditions applicable to clean coal
technological projects: Provided, That the initial planning and research
stages of the FutureGen project shall include a matching requirement
from non-Federal sources of at least 20 percent of the costs: Provided
further, That any demonstration component of such project shall require
a matching requirement from non-Federal sources of at least 50 percent
of the costs of the component: Provided further, That of the amounts
provided, $50,000,000 is available, after coordination with the private
sector, for a request for proposals for a Clean Coal Power Initiative
providing for competitively-awarded research, development, and
demonstration projects to reduce the barriers to continued and expanded
coal use: Provided further, That no
[[Page 119 STAT. 2271]]
project may be selected for which sufficient funding is not available to
provide for the total project: Provided further, That funds shall be
expended in accordance with the provisions governing the use of funds
contained under the heading ``Clean Coal Technology'' in 42 U.S.C. 5903d
as well as those contained under the heading ``Clean Coal Technology''
in prior appropriations: Provided further, That the Department may
include provisions for repayment of Government contributions to
individual projects in an amount up to the Government contribution to
the project on terms and conditions that are acceptable to the
Department including repayments from sale and licensing of technologies
from both domestic and foreign transactions: Provided further, That such
repayments shall be retained by the Department for future coal-related
research, development and demonstration projects: Provided further, That
any technology selected under this program shall be considered a Clean
Coal Technology, and any project selected under this program shall be
considered a Clean Coal Technology Project, for the purposes of 42
U.S.C. 7651n, and chapters 51, 52, and 60 of title 40 of the Code of
Federal Regulations: Provided further, That no part of the sum herein
made available shall be used for the field testing of nuclear explosives
in the recovery of oil and gas: Provided further, That up to 4 percent
of program direction funds available to the National Energy Technology
Laboratory may be used to support Department of Energy activities not
included in this account: Provided further, That for fiscal year 2006
salaries for Federal employees performing research and development
activities at the National Energy Technology Laboratory can continue to
be funded from program accounts: Provided further, That the Secretary
of Energy is authorized to accept fees and contributions from public and
private sources, to be deposited in a contributed funds account, and
prosecute projects using such fees and contributions in cooperation with
other Federal, State, or private agencies or concerns: Provided further,
That revenues and other moneys received by or for the account of the
Department of Energy or otherwise generated by sale of products in
connection with projects of the Department appropriated under the Fossil
Energy Research and Development account may be retained by the Secretary
of Energy, to be available until expended, and used only for plant
construction, operation, costs, and payments to cost-sharing entities as
provided in appropriate cost-sharing contracts or agreements.
Naval Petroleum and Oil Shale Reserves
For expenses necessary to carry out naval petroleum and oil shale
reserve activities, including the hire of passenger motor vehicles,
$21,500,000, to remain available until expended: Provided, That,
notwithstanding any other provision of law, unobligated funds remaining
from prior years shall be available for all naval petroleum and oil
shale reserve activities.
Elk Hills School Lands Fund
For necessary expenses in fulfilling installment payments under the
Settlement Agreement entered into by the United States and the State of
California on October 11, 1996, as authorized by section 3415 of Public
Law 104-106, $48,000,000, for payment to the State of California for the
State Teachers' Retirement Fund, of which $46,000,000 will be derived
from the Elk Hills School Lands Fund.
[[Page 119 STAT. 2272]]
Strategic Petroleum Reserve
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities pursuant to
the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C.
6201 et seq.), including the hire of passenger motor vehicles, the hire,
maintenance, and operation of aircraft, the purchase, repair, and
cleaning of uniforms, the reimbursement to the General Services
Administration for security guard services, $166,000,000, to remain
available until expended.
Energy Information Administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $86,176,000, to remain available until
expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of not to exceed six
passenger motor vehicles, of which five shall be for replacement only,
$353,219,000, to remain available until expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For necessary expenses in carrying out uranium enrichment facility
decontamination and decommissioning, remedial actions, and other
activities of title II of the Atomic Energy Act of 1954, as amended, and
title X, subtitle A, of the Energy Policy Act of 1992, $562,228,000, to
be derived from the Fund, to remain available until expended, of which
$20,000,000 shall be available in accordance with title X, subtitle A,
of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not to exceed forty-seven passenger motor
vehicles for replacement only, including not to exceed one ambulance and
two buses, $3,632,718,000, to remain available until expended.
Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
the Nuclear Waste Policy Act of 1982, Public Law 97-425, as
[[Page 119 STAT. 2273]]
amended (the ``Act''), including the acquisition of real property or
facility construction or expansion, $150,000,000, to remain available
until expended, of which $100,000,000 shall be derived from the Nuclear
Waste Fund: Provided, That of the funds made available in this Act for
Nuclear Waste Disposal, $2,000,000 shall be provided to the State of
Nevada solely for expenditures, other than salaries and expenses of
State employees, to conduct scientific oversight responsibilities and
participate in licensing activities pursuant to the Act: Provided
further, That notwithstanding the lack of a written agreement with the
State of Nevada under section 117(c) of the Nuclear Waste Policy Act of
1982, Public Law 97-425, as amended, not less than $500,000 shall be
provided to Nye County, Nevada, for on-site oversight activities under
section 117(d) of that Act: Provided further, That $7,500,000 shall be
provided to affected units of local government, as defined in the Act,
to conduct appropriate activities and participate in licensing
activities: Provided further, That 7.5 percent of the funds provided
shall be made available to affected units of local government in
California with the balance made available to affected units of local
government in Nevada for distribution as determined by the Nevada units
of local government: Provided further, That notwithstanding the
provisions of chapters 65 and 75 of title 31, the Department shall have
no monitoring, auditing or other oversight rights or responsibilities
over amounts provided to affected units of local government under this
heading: Provided further, That the funds for the State of Nevada shall
be made available solely to the Nevada Division of Emergency Management
by direct payment and units of local government by direct
payment: <<NOTE: Deadline. Certification.>> 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, <<NOTE: Lobbying.>> That
failure to provide such certification shall cause such entity to be
prohibited from any further funding provided for similar activities:
Provided further, That none of the funds herein appropriated may be: (1)
used directly or indirectly to influence legislative action on any
matter pending before Congress or a State legislature or for lobbying
activity as provided in 18 U.S.C. 1913; (2) used for litigation
expenses; or (3) used to support multi-State efforts or other coalition
building activities inconsistent with the restrictions contained in this
Act: Provided further, That all proceeds and recoveries realized by the
Secretary in carrying out activities authorized by the Act, including
but not limited to, any proceeds from the sale of assets, shall be
available without further appropriation and shall remain available until
expended: Provided further, That no funds provided in this Act may be
used to pursue repayment or collection of funds provided in any fiscal
year to affected units of local government for oversight activities that
had been previously approved by the Department of Energy, or to withhold
payment of any such funds.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101
[[Page 119 STAT. 2274]]
et seq.), including the hire of passenger motor vehicles and official
reception and representation expenses not to exceed $35,000,
$252,817,000, to remain available until expended, plus such additional
amounts as necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the Anti-Deficiency
Act (31 U.S.C. 1511 et seq.): Provided, That such increases in cost of
work are offset by revenue increases of the same or greater amount, to
remain available until expended: Provided further, That moneys received
by the Department for miscellaneous revenues estimated to total
$123,000,000 in fiscal year 2006 may be retained and used for operating
expenses within this account, and may remain available until expended,
as authorized by section 201 of Public Law 95-238, notwithstanding the
provisions of 31 U.S.C. 3302: Provided further, That the sum herein
appropriated shall be reduced by the amount of miscellaneous revenues
received during 2006, and any related appropriated receipt account
balances remaining from prior years' miscellaneous revenues, so as to
result in a final fiscal year 2006 appropriation from the general fund
estimated at not more than $129,817,000: Provided
further, <<NOTE: Deadline. Reports.>> That not later than 90 days after
the date of the enactment of this Act, the Secretary of Energy shall
submit to the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives a report, in
unclassified form but with a classified appendix if necessary, on the
Department of Energy's plan to bring security for Building 3019 at the
Oak Ridge National Laboratory, Oak Ridge, Tennessee, into full
compliance with the Department's Design Basis Threat Policy: Provided
further, That the report shall include--
(1) a detailed description of any element of the
Department's Design Basis Threat Policy that is not to be fully
addressed throughout the remaining lifetime of Building 3019;
(2) a detailed description of the security implementation
plan, including security personnel, perimeter detection
capability, response capabilities, use of security technology,
and methods of meeting physical standoff requirements;
(3) a schedule with specific dates describing the milestones
to achieve compliance with the Department's Design Basis Threat
Policy;
(4) a security management plan signed by the Secretary of
Energy specifying the program secretarial offices responsible
for implementing and funding the security program, including any
incremental funding requirements to upgrade security levels for
the period during the material handling and processing
activities leading to complete disposition of the stored
inventory of special nuclear material; and
(5) the justification for failing to fully comply with the
Design Basis Threat Policy, if the Secretary does not intend to
implement a security program at Building 3019 that fully
complies with the Department's Design Basis Threat requirements
for new, continuing operations.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $42,000,000, to remain available until expended.
[[Page 119 STAT. 2275]]
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion; and the purchase of
not to exceed 40 passenger motor vehicles, for replacement only,
including not to exceed two buses; $6,433,936,000, to remain available
until expended: Provided, That $81,350,000 is authorized to be
appropriated for Project 01-D-124 HEU materials facility, Y-12 Plant,
Oak Ridge, Tennessee: Provided further, That $7,000,000 is authorized to
be appropriated for Project 05-D-140 Project engineering and design
(PED), various locations.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense, defense nuclear
nonproliferation activities, in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $1,631,151,000, to remain available until expended.
Naval Reactors
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $789,500,000, to
remain available until expended.
Office of the Administrator
For necessary expenses of the Office of the Administrator in the
National Nuclear Security Administration, including official reception
and representation expenses not to exceed $12,000, $341,869,000, to
remain available until expended.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including
[[Page 119 STAT. 2276]]
the acquisition or condemnation of any real property or any facility or
for plant or facility acquisition, construction, or expansion,
$6,192,371,000, to remain available until expended.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense activities,
and classified activities, in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and the purchase of not to exceed ten passenger motor
vehicles for replacement only, including not to exceed two buses;
$641,998,000, to remain available until expended.
Defense Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
Public Law 97-425, as amended, including the acquisition of real
property or facility construction or expansion, $350,000,000, to remain
available until expended.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for official
reception and representation expenses in an amount not to exceed $1,500.
During fiscal year 2006, no new direct loan obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of electric power and energy, including
transmission wheeling and ancillary services pursuant to section 5 of
the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the
southeastern power area, $5,600,000, to remain available until expended:
Provided, That, notwithstanding 31 U.S.C. 3302, up to $32,713,000
collected by the Southeastern Power Administration pursuant to the Flood
Control Act of 1944 to recover purchase power and wheeling expenses
shall be credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making purchase power
and wheeling expenditures.
Operation and Maintenance, Southwestern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy, for
construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an
[[Page 119 STAT. 2277]]
amount not to exceed $1,500 in carrying out section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern
power administration, $30,166,000, to remain available until expended:
Provided, That, notwithstanding 31 U.S.C. 3302, up to $3,000,000
collected by the Southwestern Power Administration pursuant to the Flood
Control Act to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain available
until expended for the sole purpose of making purchase power and
wheeling expenditures.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, including official reception and representation
expenses in an amount not to exceed $1,500; $233,992,000, to remain
available until expended, of which $229,596,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That of the
amount herein appropriated, $6,700,000 is for deposit into the Utah
Reclamation Mitigation and Conservation Account pursuant to title IV of
the Reclamation Projects Authorization and Adjustment Act of 1992:
Provided further, That of the amount herein appropriated, $6,000,000
shall be available until expended on a nonreimbursable basis to the
Western Area Power Administration for Topock-Davis-Mead Transmission
Line Upgrades: Provided further, That notwithstanding the provision of
31 U.S.C. 3302, up to $279,000,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and the
Reclamation Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections, to
remain available until expended for the sole purpose of making purchase
power and wheeling expenditures.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $2,692,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 423 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
Federal Energy Regulatory Commission
salaries and expenses
For necessary expenses of the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C.
3109, the hire of passenger motor vehicles, and official reception and
representation expenses not to exceed $3,000, $220,400,000, to remain
available until expended: Provided, That <<NOTE: 42 USC 7171
note.>> notwithstanding any other provision of law, not to exceed
$220,400,000 of revenues from fees and annual charges, and other
[[Page 119 STAT. 2278]]
services and collections in fiscal year 2006 shall be retained and used
for necessary expenses in this account, and shall remain available until
expended: Provided further, That the sum herein appropriated from the
general fund shall be reduced as revenues are received during fiscal
year 2006 so as to result in a final fiscal year 2006 appropriation from
the general fund estimated at not more than $0.
GENERAL PROVISIONS
DEPARTMENT OF ENERGY
Sec. 301. <<NOTE: Contracts.>> (a)(1) None of the funds in this or
any other appropriations Act for fiscal year 2006 or any previous fiscal
year may be used to make payments for a noncompetitive management and
operating contract unless the Secretary of Energy has published in the
Federal Register and submitted to the Committees on Appropriations of
the House of Representatives and the Senate a written notification, with
respect to each such contract, of the Secretary's decision to use
competitive procedures for the award of the contract, or to not renew
the contract, when the term of the contract expires.
(2) Paragraph (1) does not apply to an extension for up to 2 years
of a noncompetitive management and operating contract, if the extension
is for purposes of allowing time to award competitively a new contract,
to provide continuity of service between contracts, or to complete a
contract that will not be renewed.
(b) In this section:
(1) The term ``noncompetitive management and operating
contract'' means a contract that was awarded more than 50 years
ago without competition for the management and operation of Ames
Laboratory, Argonne National Laboratory, Lawrence Berkeley
National Laboratory, Lawrence Livermore National Laboratory, and
Los Alamos National Laboratory.
(2) The term ``competitive procedures'' has the meaning
provided in section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403) and includes procedures described in
section 303 of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 253) other than a procedure that solicits
a proposal from only one source.
(c) For all management and operating contracts other than those
listed in subsection (b)(1), none of the funds appropriated by this Act
may be used to award a management and operating contract, or award a
significant extension or expansion to an existing management and
operating contract, unless such contract is awarded using competitive
procedures or the Secretary of Energy grants, on a case-by-case basis, a
waiver to allow for such a deviation. The Secretary may not delegate the
authority to grant such a waiver. <<NOTE: Deadline. Reports.>> At least
60 days before a contract award for which the Secretary intends to grant
such a waiver, the Secretary shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a report
notifying the Committees of the waiver and setting forth, in
specificity, the substantive reasons why the Secretary believes the
requirement for competition should be waived for this particular award.
Sec. 302. None of the funds appropriated by this Act may be used
to--
[[Page 119 STAT. 2279]]
(1) develop or implement a workforce restructuring plan that
covers employees of the Department of Energy; or
(2) provide enhanced severance payments or other benefits
for employees of the Department of Energy, under section 3161 of
the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 42 U.S.C. 7274h).
Sec. 303. None of the funds appropriated by this Act may be used to
augment the funds made available for obligation by this Act for
severance payments and other benefits and community assistance grants
under section 3161 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 42 U.S.C. 7274h) unless the Department of
Energy submits a reprogramming request to the appropriate congressional
committees.
Sec. 304. None of the funds appropriated by this Act may be used to
prepare or initiate Requests For Proposals (RFPs) for a program if the
program has not been funded by Congress.
Sec. 305. The unexpended balances of prior appropriations provided
for activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title.
Available balances may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one fund for
the same time period as originally enacted.
Sec. 306. None of the funds in this or any other Act for the
Administrator of the Bonneville Power Administration may be used to
enter into any agreement to perform energy efficiency services outside
the legally defined Bonneville service territory, with the exception of
services provided internationally, including services provided on a
reimbursable basis, unless the Administrator certifies in advance that
such services are not available from private sector businesses.
Sec. 307. When the Department of Energy makes a user facility
available to universities or other potential users, or seeks input from
universities or other potential users regarding significant
characteristics or equipment in a user facility or a proposed user
facility, the Department shall ensure broad public notice of such
availability or such need for input to universities and other potential
users. When the Department of Energy considers the participation of a
university or other potential user as a formal partner in the
establishment or operation of a user facility, the Department shall
employ full and open competition in selecting such a partner. For
purposes of this section, the term ``user facility'' includes, but is
not limited to: (1) a user facility as described in section 2203(a)(2)
of the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a National
Nuclear Security Administration Defense Programs Technology Deployment
Center/User Facility; and (3) any other Departmental facility designated
by the Department as a user facility.
Sec. 308. Funds appropriated by this or any other Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2006 until the enactment of the Intelligence
Authorization Act for fiscal year 2006.
Sec. 309. None of the funds in this Act may be used to dispose of
transuranic waste in the Waste Isolation Pilot Plant which contains
concentrations of plutonium in excess of 20 percent by weight for the
aggregate of any material category on the date of enactment of this Act,
or is generated after such date. For the purpose of
[[Page 119 STAT. 2280]]
this section, the material categories of transuranic waste from the
Rocky Flats Environmental Technology Site include: (1) ash residues; (2)
salt residue; (3) wet residues; (4) direct repackage residues; and (5)
scrub alloy as referenced in the ``Final Environmental Impact Statement
on Management of Certain Plutonium Residues and Scrub Alloy Stored at
the Rocky Flats Environmental Technology Site''.
Sec. 310. Reno Hydrogen Fuel Project Funding.--(a) The non-Federal
share of project costs shall be 20 percent.
(b) The cost of project vehicles, related facilities, and other
activities funded from the Federal Transit Administration Sections 5307,
5308, 5309, and 5314 program, including the non-Federal share for the
FTA funds, is an eligible component of the non-Federal share for this
project.
(c) Contribution of the non-Federal share of project costs for all
grants made for this project may be deferred until the entire project is
completed.
(d) All operations and maintenance costs associated with vehicles,
equipment, and facilities utilized for this project are eligible project
costs.
(e) <<NOTE: Applicability.>> This section applies to project
appropriations beginning in fiscal year 2004.
Sec. 311. <<NOTE: 50 USC 2791a.>> Laboratory Directed Research and
Development.--Of the funds made available by the Department of Energy
for activities at government-owned, contractor-operator operated
laboratories funded in this Act or subsequent Energy and Water
Development Appropriations Acts, the Secretary may authorize a specific
amount, not to exceed 8 percent of such funds, to be used by such
laboratories for laboratory-directed research and development: Provided,
That the Secretary may also authorize a specific amount not to exceed 3
percent of such funds, to be used by the plant manager of a covered
nuclear weapons production plant or the manager of the Nevada Site
Office for plant or site-directed research and development: Provided
further, That notwithstanding Department of Energy order 413.2A, dated
January 8, 2001, beginning in fiscal year 2006 and thereafter, all DOE
laboratories may be eligible for laboratory directed research and
development funding.
Sec. 312. Of amounts appropriated to the Secretary of Energy for the
Rocky Flats Environmental Technology Site for fiscal year 2006, the
Secretary may provide, subject to authorization, up to $10,000,000 for
the purchase of mineral rights at the Rocky Flats Environmental
Technology Site.
Sec. 313. Section 4306 of the Atomic Energy Defense Act (50 U.S.C.
2566) is amended--
(1) in subsection (a)--
(A) in paragraph (2)(A), by striking ``2009'' each
place it appears and inserting ``2012''; and
(B) in paragraph (3)--
(i) in subparagraph (B)(ii), by striking
``2009'' and inserting ``2012''; and
(ii) in subparagraph (C), by striking ``2009''
and inserting ``2012'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``(a)(2)'' and inserting
``(g)''; and
(ii) by striking ``2009'' and inserting
``2012'';
[[Page 119 STAT. 2281]]
(B) in paragraph (4), by striking ``2009'' each
place it appears and inserting ``2012''; and
(C) in paragraph (5), by striking ``2009'' and
inserting ``2012'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``2009'' and inserting ``2012'';
(B) in paragraph (1), by striking ``2011'' and
inserting ``2014''; and
(C) in paragraph (2), by striking ``2017'' each
place it appears and inserting ``2020'';
(4) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``2011'' and inserting
``2014'';
(ii) by striking ``from funds available to the
Secretary'' and inserting ``subject to the
availability of appropriations''; and
(iii) by striking ``2016'' and inserting
``2019''; and
(B) in paragraph (2)(A), by striking ``2017'' each
place it appears and inserting ``2020'';
(5) in subsection (e), by striking ``2020'' and inserting
``2023'';
(6) by redesignating subsection (g) as subsection (h); and
(7) by inserting after subsection (f) the following:
``(g) <<NOTE: Deadline. Reports.>> Baseline.--Not later than
December 31, 2006, the Secretary shall submit to Congress a report on
the construction and operation of the MOX facility that includes a
schedule for revising the requirements of this section during fiscal
year 2007 to conform with the schedule established by the Secretary for
the MOX facility, which shall be based on estimated funding levels for
the fiscal year.''.
Sec. 314. Sales of Uranium.--(a) In General.--Notwithstanding any
other provision of Federal law, including section 3112 of the USEC
Privatization Act (42 U.S.C. 2297h-2) and section 3302 of title 31,
United States Code, the Secretary of Energy is authorized to barter,
transfer or sell uranium (including natural uranium concentrates,
natural uranium hexafluoride, or in any form or assay) and to use any
proceeds, without fiscal year limitation, to remediate uranium
inventories held by the Secretary.
(b) Additional Requirements.--Any barter, transfer or sale of
uranium under subsection (a) shall to the extent possible, be
competitive and comply with all applicable Federal procurement laws
(including regulations); and shall not exceed 10 percent of the total
annual fuel requirements of all licensed nuclear power plants located in
the United States for uranium concentrates, uranium conversion, or
uranium enrichment.
Sec. 315. Section 130 of division H (Miscellaneous Appropriations
and Offsets) of the Consolidated Appropriations Act, 2004, Public Law
108-199, <<NOTE: 118 Stat. 441.>> is hereby amended by striking ``is
provided for the Coralville, Iowa, project'' and all that follows and
inserting: ``is provided for the Iowa Environmental and Education
project to be located in Iowa. No further funds may be disbursed by the
Department of Energy until a one hundred percent non-Federal cash and
in-kind match of the appropriated Federal funds has been secured for the
project by the non-Federal project sponsor: Provided, That the match
shall exclude land donations: <<NOTE: Expiration date.>> Provided
further, That if the match is not secured by the non-Federal project
[[Page 119 STAT. 2282]]
sponsor by December 1, 2007, the remaining Federal funds shall cease to
be available for the Iowa Environmental and Education project.''.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended, for necessary
expenses for the Federal Co-Chairman and the alternate on the
Appalachian Regional Commission, for payment of the Federal share of the
administrative expenses of the Commission, including services as
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$65,472,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $22,032,000, to
remain available until expended.
Delta Regional Authority
salaries and expenses
For necessary expenses of the Delta Regional Authority and to carry
out its activities, as authorized by the Delta Regional Authority Act of
2000, as amended, notwithstanding sections 382C(b)(2), 382F(d), and
382M(b) of said Act, $12,000,000, to remain available until expended.
Denali Commission
For expenses of the Denali Commission including the purchase,
construction and acquisition of plant and capital equipment as necessary
and other expenses, $50,000,000, to remain available until expended,
nothwithstanding the limitations contained in section 306(g) of the
Denali Commission Act of 1998.
Nuclear Regulatory Commission
salaries and expenses
For necessary expenses of the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974, as amended, and the
Atomic Energy Act of 1954, as amended, including official representation
expenses (not to exceed $15,000), purchase of promotional items for use
in the recruitment of individuals for employment, $734,376,000, to
remain available until expended: Provided, That of the amount
appropriated herein, $46,118,000 shall be derived from the Nuclear Waste
Fund: Provided further, That revenues from licensing fees, inspection
services, and other services
[[Page 119 STAT. 2283]]
and collections estimated at $617,182,000 in fiscal year 2006 shall be
retained and used for necessary salaries and expenses in this account,
notwithstanding 31 U.S.C. 3302, and shall remain available until
expended: Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year 2006 so as
to result in a final fiscal year 2006 appropriation estimated at not
more than $117,194,000: Provided further, That section 6101 of the
Omnibus Budget Reconciliation Act of 1990 <<NOTE: 42 USC 2214.>> is
amended by inserting before the period in subsection (c)(2)(B)(v) the
words ``and fiscal year 2006''.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $8,316,000, to remain available until expended: Provided, That
revenues from licensing fees, inspection services, and other services
and collections estimated at $7,485,000 in fiscal year 2006 shall be
retained and be available until expended, for necessary salaries and
expenses in this account, notwithstanding 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced by the amount
of revenues received during fiscal year 2006 so as to result in a final
fiscal year 2006 appropriation estimated at not more than $831,000.
Nuclear Waste Technical Review Board
salaries and expenses
For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $3,608,000, to be
derived from the Nuclear Waste Fund, and to remain available until
expended.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may be used in
any way, directly or indirectly, to influence congressional action on
any legislation or appropriation matters pending before Congress, other
than to communicate to Members of Congress as described in 18 U.S.C.
1913.
Sec. 502. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in this Act or any other appropriation Act.
[[Page 119 STAT. 2284]]
This Act may be cited as the ``Energy and Water Development
Appropriations Act, 2006''.
Approved November 19, 2005.
LEGISLATIVE HISTORY--H.R. 2419:
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HOUSE REPORTS: Nos. 109-86 (Comm. on Appropriations) and 109-275
(Comm. of Conference).
SENATE REPORTS: No. 109-84 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 151 (2005):
May 24, considered and passed House.
June 30, considered and passed Senate, amended.
Nov. 9, House agreed to conference report.
Nov. 14, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):
Nov. 19, Presidential statement.
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