HR 2641
7-17-07, Bill Passed House 312-112
Referred to Senate and Placed on Calendar
Calendar No. 274
110th CONGRESS
1st Session
H. R. 2641
IN THE SENATE OF THE UNITED STATES
July 18 (legislative day, JULY 17), 2007
Received; read twice and placed on the calendar
AN ACT
Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2008, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
That the following sums are appropriated, out of any money in the Treasury
not otherwise appropriated, for energy and water development and related
agencies for the fiscal year ending September 30, 2008, and for other purposes,
namely:
TITLE I--CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS--CIVIL
The following appropriations shall be expended under the direction of the
Secretary of the Army and the supervision of the Chief of Engineers for
authorized civil functions of the Department of the Army pertaining to rivers
and harbors, flood and storm damage reduction, aquatic ecosystem restoration,
and related purposes.
INVESTIGATIONS
(INCLUDING RESCISSION OF FUNDS)
For expenses necessary for the collection and study of basic information
pertaining to river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects; restudy of authorized projects,
miscellaneous investigations; and, when authorized by law, surveys and detailed
studies, and plans and specifications, of proposed projects, $120,100,000,
to remain available until expended: Provided, That of the funds
provided under this heading of Public Law 106-554, $100,000 are rescinded.
CONSTRUCTION
(INCLUDING RESCISSIONS OF FUNDS)
For expenses necessary for the construction of river and harbor, flood and
storm damage reduction, aquatic ecosystem restoration, and related projects
authorized by law, including a portion of the expenses for the modifications
authorized by section 104 of the Everglades National Park Protection and
Expansion Act of 1989; for conducting detailed studies, and plans and specifications,
of such projects authorized or made eligible for selection by law (but such
detailed studies, and plans and specifications, shall not constitute a Federal
commitment to construction); $2,008,874,000, to remain available until expended,
of which such sums as are necessary to cover one-half of the costs of construction,
replacement, and expansion of inland waterways projects shall be derived
from the Inland Waterways Trust Fund; and of which $8,000,000 shall be exclusively
for projects and activities authorized under section 107 of the River and
Harbor Act of 1960; and of which $45,000,000 shall be exclusively available
for projects and activities authorized under section 205 of the Flood Control
Act of 1948; and of which $10,000,000 shall be exclusively for projects
and activities authorized under section 14 of the Flood Control Act of 1946;
and of which $25,000,000 shall be exclusively for projects and activities
authorized under section 1135 of the Water Resources Development Act of
1986; and of which $25,000,000 shall be exclusively for projects and activities
authorized under section 206 of the Water Resources Development Act of 1996:
Provided, That of the funds provided under this heading the following
amounts are rescinded: from Public Law 101-101, $435,000; from Public Law
102-377, $1,740,000; from Public Law 103-126, $797,000; from Public Law
105-245, $1,716,000.
MISSISSIPPI RIVER AND TRIBUTARIES
For expenses necessary for flood damage reduction projects and related efforts
in the Mississippi River alluvial valley below Cape Girardeau, Missouri,
as authorized by law, $278,000,000, to remain available until expended,
of which such sums as are necessary to cover the Federal share of operation
and maintenance costs for inland harbors shall be derived from the Harbor
Maintenance Trust Fund.
OPERATION AND MAINTENANCE
For expenses necessary for the operation, maintenance, and care of existing
river and harbor, flood and storm damage reduction, aquatic ecosystem restoration,
and related projects authorized by law, including the construction of facilities,
projects, or features (including islands and wetlands) to use materials
dredged during Federal navigation maintenance activities; the mitigation
of impacts on shorelines resulting from Federal navigation operation and
maintenance activities; to address the effects of civil works projects owned
or operated by the Corps on federally listed species; to provide security
for infrastructure operated by the Corps, or operated on its behalf, including
administrative buildings and facilities, and laboratories; to maintain harbor
channels provided by a State, municipality, or other public agency that
serve essential navigation needs of general commerce where authorized by
law; and to conduct surveys and chart northern and northwestern lakes and
connecting waters, clear channels, and remove obstructions to commercial
navigation, $2,655,241,000, to remain available until expended, of which
$53,585,000 shall be for projects and activities in Region 1 New England;
of which $179,814,000 shall be for projects and activities in Region 2 Mid
Atlantic; of which $367,101,000 shall be for projects and activities in
Region 3 South Atlantic Gulf; of which $126,907,000 shall be for projects
and activities in Region 4 Great Lakes; of which $342,354,000 shall be for
projects and activities in Region 5 Ohio; of which $25,721,000 shall be
for projects and activities in Region 6 Tennessee; of which $251,630,000
shall be for projects and activities in Region 7 Upper Mississippi; of which
$166,946,000 shall be for projects and activities in Region 8 Lower Mississippi;
of which $3,159,000 shall be for projects and activities in Region 9 Souris-Red-Rainy;
of which $162,352,000 shall be for projects and activities in Region 10
Missouri; of which $213,500,000 shall be for projects and activities in
Region 11 Arkansas-White-Red; of which $185,668,000 shall be for projects
and activities in Region 12 Texas-Gulf; of which $30,812,000 shall be for
projects and activities in Region 13 Rio Grande; of which $57,000 shall
be for projects and activities in Region 14 Upper Colorado; of which $3,967,000
shall be for projects and activities in Region 15 Lower Colorado; of which
$819,000 shall be for projects and activities in Region 16 Great Basin;
of which $286,031,000 shall be for projects and activities in Region 17
Pacific Northwest; of which $125,998,000 shall be for projects and activities
in Region 18 California; of which $26,811,000 shall be for projects and
activities in Region 19 Alaska; of which $872,000 shall be for projects
and activities in Region 20 Hawaii; of which such sums as are necessary
to cover the Federal share of eligible operations and maintenance shall
be derived from the Harbor Maintenance Trust Fund; of which such sums as
become available in the special account for the Corps established by the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(i)), shall
be used for resource protection, research, interpretation, and maintenance
activities under this heading related to resource projection in areas operated
by the Corps at which outdoor recreation is available; and of which such
sums as become available pursuant to section 217 of the Water Resources
Development Act of 1996, shall be used to cover the cost of operation and
maintenance of the dredged material disposal facilities for which such fees
have been collected.
REGULATORY PROGRAM
For expenses necessary for the administration of laws pertaining to the
regulation of navigable waters and wetlands, $180,000,000, to remain available
until expended.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
For expenses necessary to clean up contamination from sites resulting from
work performed as part of the Nation's early atomic energy program, $130,000,000,
to remain available until expended.
FLOOD CONTROL AND COASTAL EMERGENCIES
For expenses necessary to prepare for flood, hurricane, and other natural
disasters and support emergency operations, repairs, and other activities
in response to such natural disasters, as authorized by law, $40,000,000,
to remain available until expended.
EXPENSES
For expenses necessary for general administration and related functions
of the civil works program in the headquarters of the Corps, the offices
of the Division Engineers, the Humphreys Engineer Center Support Activity,
the Institute for Water Resources, the Engineering Research and Development
Center, and the Finance Center, $171,000,000, to remain available until
expended: Provided, That no part of any other appropriation provided
in this title shall be available to fund the civil works activities of the
Office of the Chief of Engineers or the civil works executive direction
and management activities of the offices of the Division Engineers.
OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL WORKS)
For expenses necessary for the Office of Assistant Secretary of the Army
(Civil Works), as authorized by 10 U.S.C. 3016(b)(3), $6,000,000.
ADMINISTRATIVE PROVISION
Appropriations in this title shall be available for official reception and
representation expenses (not to exceed $5,000); and during the current fiscal
year the Revolving Fund, Corps of Engineers, shall be available for purchase
(not to exceed 100 for replacement only) and hire of passenger motor vehicles.
General Provisions, Corps of Engineers--Civil
SEC. 101. (a) Except as provided under subsection (b), none of the funds
provided under this title shall be available for obligation or expenditure
through a reprogramming of funds that--
(1) creates or initiates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity for which funds
have been denied or restricted by this Act;
(4) reduces funds that are directed to be used for a specific program,
project, or activity by this Act; or
(5) increases or reduces funds for any program, project, or activity by
more than $2,000,000 or 25 percent, whichever is less.
(b) Subsection (a)(1) shall not apply to any project or activity authorized
under section 205 of the Flood Control Act of 1948; section 14 of the Flood
Control Act of 1946; section 208 of the Flood Control Act of 1954; section
107 of the River and Harbor Act of 1960; section 103 of the River and Harbor
Act of 1962; section 111 of the River and Harbor Act of 1968; section 1135
of the Water Resources Development Act of 1986; section 206 of the Water
Resources Development Act of 1996; sections 204 and 207 of the Water Resources
Development Act of 1992; or section 933 of the Water Resources Development
Act of 1986.
SEC. 102. None of the funds made available in this title may be used to
award any continuing contract or make modifications to any existing continuing
contract that commits an amount for a project in excess of the amounts appropriated
for that project that remain unobligated, except that such amounts may include
any funds that have been made available through reprogramming to that project
pursuant to section 101 of this Act.
SEC. 103. (a) None of the funds provided in this Act shall be available
for operation and maritime maintenance of the hopper dredge McFarland.
(b) Subsection (a) shall not apply to funds required for the decommissioning
of the vessel.
SEC. 104. The Secretary of the Army, acting through the Chief of Engineers,
is directed to reduce by 35 percent the full-time employees at the Sacramento
District Regulatory Division office of the Corps of Engineers.
SEC. 105. None of the funds appropriated in this Act or any other Act may
be used to conduct a public-private competition or direct conversion under
the OMB Circular A-76 or any other administrative regulation, directive,
or policy for any Corps of Engineers program, project or activity.
TITLE II--DEPARTMENT OF THE INTERIOR
Central Utah Project
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For carrying out activities authorized by the Central Utah Project Completion
Act (titles II through VI of Public Law 102-575), $41,380,000, to remain
available until expended, of which $976,000 shall be deposited into the
Utah Reclamation Mitigation and Conservation Account for use by the Utah
Reclamation Mitigation and Conservation Commission.
In addition, for necessary expenses incurred in carrying out related responsibilities
of the Secretary of the Interior, $1,620,000, to remain available until
expended.
Bureau of Reclamation
The following appropriations shall be expended to execute authorized functions
of the Bureau of Reclamation:
WATER AND RELATED RESOURCES
(INCLUDING TRANSFERS OF FUNDS)
For management, development, and restoration of water and related natural
resources and for related activities, including the operation, maintenance,
and rehabilitation of reclamation and other facilities, participation in
fulfilling related Federal responsibilities to Native Americans, and related
grants to, and cooperative and other agreements with, State and local governments,
federally recognized Indian tribes, and others, $871,197,000, to remain
available until expended, of which $57,615,000 shall be available for transfer
to the Upper Colorado River Basin Fund and $26,825,000 shall be available
for transfer to the Lower Colorado River Basin Development Fund; of which
such amounts as may be necessary may be advanced to the Colorado River Dam
Fund; of which not more than $500,000 is for high priority projects which
shall be carried out by the Youth Conservation Corps, as authorized by section
106 of Public Law 91-378 (16 U.S.C. 1706): Provided, That such
transfers may be increased or decreased within the overall appropriation
under this heading: Provided further, That of the total appropriated,
the amount for program activities that can be financed by the Reclamation
Fund or the Bureau of Reclamation special fee account established by section
4(i) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(i))
shall be derived from that Fund or account: Provided further, That
funds contributed under the Act of March 4, 1921 (43 U.S.C. 395) are available
until expended for the purposes for which contributed: Provided further,
That funds advanced under the Act of January 12, 1927 (43 U.S.C. 397a) shall
be credited to this account and are available until expended for the same
purposes as the sums appropriated under this heading.
CENTRAL VALLEY PROJECT RESTORATION FUND
For carrying out the programs, projects, plans, and habitat restoration,
improvement, and acquisition provisions of the Central Valley Project Improvement
Act (title XXXIV of Public Law 102-575), $59,122,000, to be derived from
such sums as may be collected in the Central Valley Project Restoration
Fund pursuant to sections 3404(c)(3), 3405(f), and 3407(d) of the Central
Valley Project Improvement Act (Public Law 102-575), to remain available
until expended: Provided, That the Bureau of Reclamation is directed
to assess and collect the full amount of the additional mitigation and restoration
payments authorized by section 3407(d) of the Central Valley Project Improvement
Act: Provided further, That none of the funds made available under
this heading may be used for the acquisition or leasing of water for in-stream
purposes if the water is already committed to in-stream purposes by a court
adopted decree or order.
CALIFORNIA BAY-DELTA RESTORATION
(INCLUDING TRANSFER OF FUNDS)
For carrying out activities authorized by the Water Supply, Reliability,
and Environmental Improvement Act (Public Law 108-361), consistent with
plans to be approved by the Secretary of the Interior, $40,750,000, to remain
available until expended, of which such amounts as may be necessary to carry
out such activities may be transferred to appropriate accounts of other
participating Federal agencies to carry out authorized purposes: Provided,
That funds appropriated herein may be used for the Federal share of the
costs of CALFED Program management: Provided further, That the
use of any funds provided to the California Bay-Delta Authority for program-wide
management and oversight activities shall be subject to the approval of
the Secretary of the Interior: Provided further, That CALFED implementation
shall be carried out in a balanced manner with clear performance measures
demonstrating concurrent progress in achieving the goals and objectives
of the Program: Provided further, That $5,000,000 shall be transferred
to the Army Corps of Engineers to carry out further study and implementation
of projects that contribute to the stability of the levee projects authorized
under section 103(f)(3) of the Water Supply, Reliability, Environmental
Improvement Act (Public Law 108-361).
POLICY AND ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of policy, administration, and related functions
in the office of the Commissioner, the Denver office, and offices in the
five regions of the Bureau of Reclamation, to remain available until expended,
$58,811,000, to be derived from the Reclamation Fund and be nonreimbursable
as provided in 43 U.S.C. 377: Provided, That no part of any other
appropriation in this Act shall be available for activities or functions
budgeted as policy and administration expenses: Provided further,
That, of the funds provided under this heading, $10,000,000 shall be transferred
to `Water and Related Resources' upon the expiration of the 60-day period
following the date of enactment of this Act if, during such period, the
Secretary of the Interior has not submitted to the Committees on Appropriations
of the House of Representatives and the Senate the Bureau of Reclamation's
five-year budget plan.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Reclamation shall be available for purchase
of not to exceed 14 passenger motor vehicles, which are for replacement
only.
General Provisions, Department of the Interior
SEC. 201. (a) None of the funds appropriated or otherwise made available
by this Act may be used to determine the final point of discharge for the
interceptor drain for the San Luis Unit until development by the Secretary
of the Interior and the State of California of a plan, which shall conform
to the water quality standards of the State of California as approved by
the Administrator of the Environmental Protection Agency, to minimize any
detrimental effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the costs of
the San Joaquin Valley Drainage Program shall be classified by the Secretary
of the Interior as reimbursable or nonreimbursable and collected until fully
repaid pursuant to the `Cleanup Program-Alternative Repayment Plan' and
the `SJVDP-Alternative Repayment Plan' described in the report entitled
`Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin Valley
Drainage Program, February 1995', prepared by the Department of the Interior,
Bureau of Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries
of such service or studies pursuant to Federal reclamation law.
TITLE III--DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY EFFICIENCY AND RENEWABLE ENERGY
For Department of Energy expenses including the purchase, construction,
and acquisition of plant and capital equipment, and other expenses necessary
for energy efficiency and renewable energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real property or
any facility or for plant or facility acquisition, construction, or expansion,
$1,873,844,000, to remain available until expended.
ELECTRICITY DELIVERY AND ENERGY RELIABILITY
For Department of Energy expenses including the purchase, construction,
and acquisition of plant and capital equipment, and other expenses necessary
for electricity delivery and energy reliability activities in carrying out
the purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition, construction, or expansion,
$134,161,000, to remain available until expended.
NUCLEAR ENERGY
For Department of Energy expenses including the purchase, construction,
and acquisition of plant and capital equipment, and other expenses necessary
for nuclear energy activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition
or condemnation of any real property or any facility or for plant or facility
acquisition, construction, or expansion, and the purchase of not to exceed
20 passenger motor vehicles for replacement only, including one ambulance,
$759,227,000, to remain available until expended.
CLEAN COAL TECHNOLOGY
(INCLUDING RESCISSION OF FUNDS)
Of the funds made available under this heading for obligation in prior years,
$149,000,000 are rescinded.
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in carrying out fossil energy research and development
activities, under the authority of the Department of Energy Organization
Act (Public Law 95-91), including the acquisition of interest, including
defeasible and equitable interests in any real property or any facility
or for plant or facility acquisition or expansion, and for the hire of passenger
motor vehicles, the hire, maintenance, and operation of aircraft, the purchase,
repair, and cleaning of uniforms, the reimbursement to the General Services
Administration for security guard services, and for conducting inquiries,
technological investigations and research concerning the extraction, processing,
use, and disposal of mineral substances without objectionable social and
environmental costs (30 U.S.C. 3, 1602, and 1603), $708,801,000 to remain
available until expended of which $166,000,000 shall be derived by transfer
from `Clean Coal Technology', and of which transferred amounts $108,000,000
is available to continue a multi-year project coordinated with the private
sector for FutureGen, without regard to the terms and conditions applicable
to clean coal technological projects, and of which the remaining $58,000,000
is available for carbon sequestration research and development: Provided
further, That no part of the sums herein made available shall be used
for the field testing of nuclear explosives in the recovery of oil and gas:
Provided further, That the Secretary of Energy is authorized to
accept fees and contributions from public and private sources, to be deposited
in a contributed funds account, and prosecute projects using such fees and
contributions in cooperation with other Federal, State, or private agencies
or concerns: Provided further, That revenues and other moneys received
by or for the account of the Department of Energy or otherwise generated
by sale of products in connection with projects of the Department appropriated
under the Fossil Energy Research and Development account may be retained
by the the Secretary of Energy, to be available until expended, and used
only for plant construction, operation, costs, and payments to cost-sharing
entities as provided in appropriate cost-sharing contracts or agreements.
NAVAL PETROLEUM AND OIL SHALE RESERVES
For expenses necessary to carry out naval petroleum and oil shale reserve
activities, including the hire of passenger motor vehicles, $17,301,000,
to remain available until expended: Provided, That, notwithstanding
any other provision of law, unobligated funds remaining from prior years
shall be available for all naval petroleum and oil shale reserve activities.
STRATEGIC PETROLEUM RESERVE
For necessary expenses for Strategic Petroleum Reserve facility development
and operations and program management activities pursuant to the Energy
Policy and Conservation Act (42 U.S.C. 6201 et seq.), including the hire
of passenger motor vehicles, the hire, maintenance, and operation of aircraft,
the purchase, repair, and cleaning of uniforms, the reimbursement to the
General Services Administration for security guard services, $163,472,000,
to remain available until expended.
NORTHEAST HOME HEATING OIL RESERVE
For necessary expenses for Northeast Home Heating Oil Reserve storage, operation,
and management activities pursuant to the Energy Policy and Conservation
Act, $5,325,000, to remain available until expended.
ENERGY INFORMATION ADMINISTRATION
For necessary expenses in carrying out the activities of the Energy Information
Administration, $105,095,000, to remain available until expended.
NON-DEFENSE ENVIRONMENTAL CLEANUP
For Department of Energy expenses, including the purchase, construction,
and acquisition of plant and capital equipment and other expenses necessary
for non-defense environmental cleanup activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility or
for plant or facility acquisition, construction, or expansion, and the purchase
of not to exceed three passenger motor vehicles for replacement only, $286,041,000,
to remain available until expended, of which $250,937,000 is for non-defense
environmental cleanup and $35,104,000 is for non-defense legacy management.
URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING FUND
For necessary expenses in carrying out uranium enrichment facility decontamination
and decommissioning, remedial actions, and other activities of title II
of the Atomic Energy Act of 1954 and title X, subtitle A, of the Energy
Policy Act of 1992, $618,759,000, to be derived from the Fund, to remain
available until expended, of which $20,000,000 shall be available in accordance
with title X, subtitle A, of the Energy Policy Act of 1992.
SCIENCE
For Department of Energy expenses including the purchase, construction and
acquisition of plant and capital equipment, and other expenses necessary
for science activities in carrying out the purposes of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition
or condemnation of any real property or facility or for plant or facility
acquisition, construction, or expansion, and purchase of not to exceed 30
passenger motor vehicles for replacement only, $4,514,082,000, to remain
available until expended.
NUCLEAR WASTE DISPOSAL
For nuclear waste disposal activities to carry out the purposes of the Nuclear
Waste Policy Act of 1982, Public Law 97-425, as amended (the `Act'), including
the acquisition of real property or facility construction or expansion,
$202,454,000, to remain available until expended, and to be derived from
the Nuclear Waste Fund: Provided, That of the funds made available
in this Act for Nuclear Waste Disposal, $2,500,000 shall be provided to
the State of Nevada solely for expenditures, other than salaries and expenses
of State employees, to conduct scientific oversight responsibilities and
participate in licensing activities pursuant to the Act: Provided further,
That notwithstanding the lack of a written agreement with the State of Nevada
under section 117(c) of the Nuclear Waste Policy Act of 1982, Public Law
97-425, as amended, not less than $1,200,000 shall be provided to Nye County,
Nevada, for on-site oversight activities under section 117(d) of that Act:
Provided further, That $4,000,000 shall be provided to affected
units of local government, as defined in the Act, to conduct appropriate
activities and participate in licensing activities: Provided further,
That 7.5 percent of the funds provided shall be made available to affected
units of local government in California with the balance made available
to affected units of local government in Nevada for distribution as determined
by the Nevada units of local government: Provided further, That
notwithstanding the provisions of chapters 65 and 75 of title 31, United
States Code, the Department of Energy shall have no monitoring, auditing
or other oversight rights or responsibilities over amounts provided to affected
units of local government under this heading: Provided further,
That the funds for the State of Nevada shall be made available solely to
the Nevada Division of Emergency Management by direct payment and units
of local government by direct payment: Provided further, That within
90 days of the completion of each Federal fiscal year, the Nevada Division
of Emergency Management and the Governor of the State of Nevada shall provide
certification to the Department of Energy that all funds expended from such
payments have been expended for activities authorized by the Act and this
Act: Provided further, That failure to provide such certification
shall cause such entity to be prohibited from any further funding provided
for similar activities: Provided further, That none of the funds
herein appropriated may be: (1) used directly or indirectly to influence
legislative action, except for normal and recognized executive-legislative
communications, on any matter pending before Congress or a State legislature
or for lobbying activity as provided in 18 U.S.C. 1913; (2) used for litigation
expenses; or (3) used to support multi-State efforts or other coalition
building activities inconsistent with the restrictions contained in this
Act: Provided further, That all proceeds and recoveries realized
by the Secretary of Energy in carrying out activities authorized by the
Act, including but not limited to, any proceeds from the sale of assets,
shall be available without further appropriation and shall remain available
until expended: Provided further, That no funds provided in this
Act may be used to pursue repayment or collection of funds provided in any
fiscal year to affected units of local government for oversight activities
that had been previously approved by the Department of Energy, or to withhold
payment of any such funds.
ENVIRONMENT, SAFETY AND HEALTH
For Department of Energy expenses for Environment, Safety, and Health activities,
$31,625,000, to remain available until expended.
TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE LOAN PROGRAM
Subject to the Federal Credit Reform Act of 1990, as amended, during fiscal
year 2008 commitments to guarantee loans under title XVII of the Energy
Policy Act of 2005 shall not exceed a total principal amount, any part of
which is to be guaranteed, of $7,000,000,000: Provided, That of
that amount, $2,000,000,000 shall be available for carbon sequestration
optimized coal power plants, $4,000,000,000 shall be available for projects
that promote biofuels and clean transportation fuels, and $1,000,000,000
shall be available for electric transmission facilities or renewable power
generation systems: Provided further, That pursuant to section
1702(b)(2) of the Act, no appropriations are available to pay the subsidy
cost of such guarantees: Provided further, That the source of payments
received from borrowers for the subsidy cost shall not be a loan or other
debt obligation that is made or guaranteed by the Federal Government.
DEPARTMENTAL ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
For salaries and expenses of the Department of Energy necessary for departmental
administration in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the hire of passenger
motor vehicles and official reception and representation expenses not to
exceed $5,000, $304,782,000, to remain available until expended, of which
$2,390,000 shall be available for necessary administrative expenses to carry
out the loan guarantee program under title XVII of Public Law 109-58, plus
such additional amounts as necessary to cover increases in the estimated
amount of cost of work for others notwithstanding the provisions of the
Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such
increases in cost of work are offset by revenue increases of the same or
greater amount, to remain available until expended: Provided further,
That moneys received by the Department for miscellaneous revenues estimated
to total $161,818,000 in fiscal year 2008 may be retained and used for operating
expenses within this account, and may remain available until expended, as
authorized by section 201 of Public Law 95-238, notwithstanding the provisions
of 31 U.S.C. 3302: Provided further, That fees collected pursuant
to section 1702(h) of Public Law 109-58 shall be credited as offsetting
collections to this account: Provided further, That the sum herein
appropriated shall be reduced by the amount of miscellaneous revenues received
during 2008, and any related appropriated receipt account balances remaining
from prior years' miscellaneous revenues, so as to result in a final fiscal
year 2008 appropriation from the general fund estimated at not more than
$142,964,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in carrying out
the provisions of the Inspector General Act of 1978, $47,732,000 (reduced
by $1,000,000) (increased by $1,000,000), to remain available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
WEAPONS ACTIVITIES
For Department of Energy expenses, including the purchase, construction,
and acquisition of plant and capital equipment and other incidental expenses
necessary for atomic energy defense weapons activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real property or
any facility or for plant or facility acquisition, construction, or expansion,
$5,879,137,000 to remain available until expended: Provided, That
$173,250,000 of the amounts provided are available for nuclear weapons dismantlement
activities at Department of Energy facilities authorized for such activities,
of which $91,000,000 is for the Pit Disassembly and Conversion Facility
Project at the Savannah River Site, South Carolina.
DEFENSE NUCLEAR NONPROLIFERATION
For Department of Energy expenses, including the purchase, construction,
and acquisition of plant and capital equipment and other incidental expenses
necessary for atomic energy defense, defense nuclear nonproliferation activities,
in carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility acquisition, construction,
or expansion, $1,683,646,000, to remain available until expended.
NAVAL REACTORS
For Department of Energy expenses necessary for naval reactors activities
to carry out the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition (by purchase, condemnation, construction,
or otherwise) of real property, plant, and capital equipment, facilities,
and facility expansion, $808,219,000, to remain available until expended.
OFFICE OF THE ADMINISTRATOR
For necessary expenses of the Office of the Administrator in the National
Nuclear Security Administration, including official reception and representation
expenses not to exceed $12,000, $415,879,000, to remain available until
expended.
DEFENSE ENVIRONMENTAL CLEANUP
(INCLUDING TRANSFER OF FUNDS)
For Department of Energy expenses, including the purchase, construction,
and acquisition of plant and capital equipment and other expenses necessary
for atomic energy defense environmental cleanup activities in carrying out
the purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition, construction, or expansion,
and the purchase of not to exceed three passenger motor vehicles for replacement
only, $5,766,561,000, to remain available until expended, of which $463,000,000
shall be transferred to the `Uranium Enrichment Decontamination and Decommissioning
Fund'.
OTHER DEFENSE ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
For Department of Energy expenses, including the purchase, construction,
and acquisition of plant and capital equipment and other expenses, necessary
for atomic energy defense, other defense activities, and classified activities,
in carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility acquisition, construction,
or expansion, and the purchase of not to exceed twelve passenger motor vehicles
for replacement only, $604,313,000, to remain available until expended:
Provided, That of the funds provided under this heading in Public
Law 109-103, $4,900,000 are transferred to `Weapons Activities' for planning
activities associated with special nuclear material consolidation.
DEFENSE NUCLEAR WASTE DISPOSAL
For nuclear waste disposal activities to carry out the purposes of Public
Law 97-425, as amended, including the acquisition of real property or facility
construction or expansion, $292,046,000, to remain available until expended.
POWER MARKETING ADMINISTRATIONS
BONNEVILLE POWER ADMINISTRATION FUND
Expenditures from the Bonneville Power Administration Fund, established
pursuant to Public Law 93-454, are approved for official reception and representation
expenses in an amount not to exceed $1,500. During fiscal year 2008, no
new direct loan obligations may be made.
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER ADMINISTRATION
For necessary expenses of operation and maintenance of power transmission
facilities and of electric power and energy, including transmission wheeling
and ancillary services pursuant to section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), as applied to the southeastern power area, $6,463,000,
to remain available until expended: Provided, That notwithstanding
31 U.S.C. 3302, up to $48,413,000 collected by the Southeastern Power Administration
pursuant to the Flood Control Act of 1944 to recover purchase power and
wheeling expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making purchase
power and wheeling expenditures.
OPERATION AND MAINTENANCE, SOUTHWESTERN POWER ADMINISTRATION
For necessary expenses of operation and maintenance of power transmission
facilities and of marketing electric power and energy, for construction
and acquisition of transmission lines, substations and appurtenant facilities,
and for administrative expenses, including official reception and representation
expenses in an amount not to exceed $1,500 in carrying out section 5 of
the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern
power area, $30,442,000, to remain available until expended: Provided,
That, notwithstanding 31 U.S.C. 3302, up to $35,000,000 collected by the
Southwestern Power Administration pursuant to the Flood Control Act to recover
purchase power and wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended for the sole
purpose of making purchase power and wheeling expenditures.
CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE, WESTERN AREA
POWER ADMINISTRATION
For carrying out the functions authorized by title III, section 302(a)(1)(E)
of the Act of August 4, 1977 (42 U.S.C. 7152), and other related activities
including conservation and renewable resources programs as authorized, including
the operation, maintenance, and purchase through transfer, exchange, or
sale of one helicopter for replacement only, and official reception and
representation expenses in an amount not to exceed $1,500; $201,030,000,
to remain available until expended, of which $191,094,000 shall be derived
from the Department of the Interior Reclamation Fund: Provided,
That of the amount herein appropriated, $7,167,000 is for deposit into the
Utah Reclamation Mitigation and Conservation Account pursuant to title IV
of the Reclamation Projects Authorization and Adjustment Act of 1992: Provided
further, That notwithstanding the provision of 31 U.S.C. 3302, up to
$258,702,000 collected by the Western Area Power Administration pursuant
to the Flood Control Act of 1944 and the Reclamation Project Act of 1939
to recover purchase power and wheeling expenses shall be credited to this
account as offsetting collections, to remain available until expended for
the sole purpose of making purchase power and wheeling expenditures.
FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND
For operation, maintenance, and emergency costs for the hydroelectric facilities
at the Falcon and Amistad Dams, $2,500,000, to remain available until expended,
and to be derived from the Falcon and Amistad Operating and Maintenance
Fund of the Western Area Power Administration, as provided in section 423
of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995.
Federal Energy Regulatory Commission
SALARIES AND EXPENSES
For necessary expenses of the Federal Energy Regulatory Commission to carry
out the provisions of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including services as authorized by 5 U.S.C. 3109, the hire
of passenger motor vehicles, and official reception and representation expenses
not to exceed $3,000, $255,425,000, to remain available until expended:
Provided, That notwithstanding any other provision of law, not
to exceed $255,425,000 of revenues from fees and annual charges, and other
services and collections in fiscal year 2008 shall be retained and used
for necessary expenses in this account, and shall remain available until
expended: Provided further, That the sum herein appropriated from
the general fund shall be reduced as revenues are received during fiscal
year 2008 so as to result in a final fiscal year 2008 appropriation from
the general fund estimated at not more than $0.
General Provisions--Department of Energy
SEC. 301. CONTRACT COMPETITION- (a) None of the funds in this or any other
appropriations Act for fiscal year 2008 or any previous fiscal year may
be used to make payments for a noncompetitive management and operating contract,
or a contract for environmental remediation or waste management in excess
of $100,000,000 in annual funding at a current or former management and
operating contract site or facility, or award a significant extension or
expansion to an existing management and operating contract, or other contract
covered by this section, unless such contract is awarded using competitive
procedures or the Secretary of Energy grants, on a case-by-case basis, a
waiver to allow for such a deviation. The Secretary may not delegate the
authority to grant such a waiver.
(b) Within 30 days of formally notifying an incumbent contractor that the
Secretary intends to grant such a waiver, the Secretary shall submit to
the Subcommittees on Energy and Water Development of the Committees on Appropriations
of the House of Representatives and the Senate a report notifying the Subcommittees
of the waiver and setting forth, in specificity, the substantive reasons
why the Secretary believes the requirement for competition should be waived
for this particular award.
SEC. 302. UNFUNDED REQUESTS FOR PROPOSALS- None of the funds appropriated
by this Act may be used to prepare or initiate requests for proposals for
a program if the program has not been funded by Congress.
SEC. 303. UNEXPENDED BALANCES- The unexpended balances of prior appropriations
provided for activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title. Available
balances may be merged with funds in the applicable established accounts
and thereafter may be accounted for as one fund for the same time period
as originally enacted.
SEC. 304. BONNEVILLE POWER ADMINISTRATION SERVICE TERRITORY- None of the
funds in this or any other Act for the Administrator of the Bonneville Power
Administration may be used to enter into any agreement to perform energy
efficiency services outside the legally defined Bonneville service territory,
with the exception of services provided internationally, including services
provided on a reimbursable basis, unless the Administrator certifies in
advance that such services are not available from private sector businesses.
SEC. 305. USER FACILITIES- When the Department of Energy makes a user facility
available to universities or other potential users, or seeks input from
universities or other potential users regarding significant characteristics
or equipment in a user facility or a proposed user facility, the Department
shall ensure broad public notice of such availability or such need for input
to universities and other potential users. When the Department of Energy
considers the participation of a university or other potential user as a
formal partner in the establishment or operation of a user facility, the
Department shall employ full and open competition in selecting such a partner.
For purposes of this section, the term `user facility' includes, but is
not limited to: (1) a user facility as described in section 2203(a)(2) of
the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a National Nuclear
Security Administration Defense Programs Technology Deployment Center/User
Facility; and (3) any other Departmental facility designated by the Department
as a user facility.
SEC. 306. INTELLIGENCE ACTIVITIES- Funds appropriated by this or any other
Act, or made available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2008 until the enactment of the Intelligence Authorization
Act for fiscal year 2008.
SEC. 307. LABORATORY DIRECTED RESEARCH AND DEVELOPMENT- Of the funds made
available by the Department of Energy for activities at government-owned,
contractor-operator operated laboratories funded in this Act, the Secretary
may authorize a specific amount, not to exceed 8 percent of such funds,
to be used by such laboratories for laboratory-directed research and development:
Provided, That the Secretary may also authorize a specific amount
not to exceed 3 percent of such funds, to be used by the plant manager of
a covered nuclear weapons production plant or the manager of the Nevada
Site office for plant or site-directed research and development funding.
SEC. 308. CONTRACTOR PENSION BENEFITS- None of the funds made available
in title III of this Act shall be used for implementation of the Department
of Energy Order N 351.1 modifying contractor employee pension and medical
benefits policy.
SEC. 309. INTERNATIONAL NUCLEAR FUEL BANK- Of the funds made available in
the first paragraph under the heading `Atomic Energy Defense Activities--Other
Defense Activities' in chapter 2 of title I of division B of Public Law
105-277, $100,000,000 shall be available until expended, subject to authorization,
for the contribution of the United States to create a low-enriched uranium
stockpile for an International Nuclear Fuel Bank supply of nuclear fuel
for peaceful means under the International Atomic Energy Agency.
TITLE IV--INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the Appalachian
Regional Development Act of 1965, notwithstanding section 14704 of title
40, United States Code, and, for necessary expenses for the Federal Co-Chairman
and the alternate on the Appalachian Regional Commission, for payment of
the Federal share of the administrative expenses of the Commission, including
services as authorized by section 3109 of title 5, United States Code, and
hire passenger motor vehicles, $35,000,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
For necessary expenses of the Defense Nuclear Facilities Safety Board in
carrying out activities authorized by the Atomic Energy Act of 1954, $22,499,000,
to remain available until expended.
Delta Regional Authority
For necessary expenses of the Delta Regional Authority and to carry out
its activities, as authorized by the Delta Regional Authority Act of 2000,
notwithstanding sections 382C(b)(2), 382F(d), and 382M(b) of said Act, $6,000,000,
to remain available until expended.
Nuclear Regulatory Commission
For necessary expenses of the Commission in carrying out the purposes of
the Energy Reorganization Act of 1974 and the Atomic Energy Act of 1954,
including official representation expenses (not to exceed $21,000), $925,559,000,
to remain available until expended: Provided, That of the amount
appropriated herein, $37,250,000 shall be derived from the Nuclear Waste
Fund: Provided further, That revenues from licensing fees, inspection
services, and other services and collections estimated at $757,720,000 in
fiscal year 2008 shall be retained and used for necessary salaries and expenses
in this account, notwithstanding 31 U.S.C. 3302, and shall remain available
until expended: Provided further, That the sum herein appropriated
shall be reduced by the amount of revenues received during fiscal year 2008
so as to result in a final fiscal year 2008 appropriation estimated at not
more than $167,839,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in carrying out
the provisions of the Inspector General Act of 1978, $8,144,000, to remain
available until expended: Provided, That revenues from licensing
fees, inspection services, and other services and collections estimated
at $7,330,000 in fiscal year 2008 shall be retained and be available for
necessary salaries and expenses in this account, notwithstanding 31 U.S.C.
3302: Provided further, That the sum herein appropriated shall
be reduced by the amount of revenues received during fiscal year 2008 so
as to result in a final fiscal year 2008 appropriation estimated at not
more than $814,000.
Nuclear Waste Technical Review Board
For necessary expenses of the Nuclear Waste Technical Review Board, as authorized
by Public Law 100-203, section 5051, $3,621,000, to be derived from the
Nuclear Waste Fund, and to remain available until expended.
Office of the Federal Coordinator for Alaska Natural Gas Transportation
Projects
For necessary expenses for the Office of the Federal Coordinator for Alaska
Natural Gas Transportation Projects pursuant to the Alaska Natural Gas Pipeline
Act of 2004, $2,322,000.
TITLE V
GENERAL PROVISIONS
SEC. 501. None of the funds appropriated by this Act may be used in any
way, directly or indirectly, to influence congressional action on any legislation
or appropriation matters pending before Congress as described in 18 U.S.C.
1913.
SEC. 502. None of the funds made available in this Act may be transferred
to any department, agency, or instrumentality of the United States Government,
except pursuant to a transfer made by, or transfer authority provided in
this Act or any other appropriation Act.
SEC. 503. Of the amount made available for Energy Efficiency and Renewable
Energy for the Department of Energy, $213,000,000 shall be made available
for hydrogen technologies as authorized by section 974 of the Energy Policy
Act of 2005 (42 U.S.C. 16314).
SEC. 504. None of the funds made available in this Act may be used to purchase
light bulbs unless the light bulbs have the `ENERGY STAR' designation.
SEC. 505. None of the funds made available by this Act may be used to administer
the `Yucca Mountain Youth Zone' website.
SEC. 506. None of the funds made available in this Act may be used to send
or otherwise pay for the attendance of more than 50 employees from a Federal
department or agency at any single conference occurring outside the United
States.
SEC. 507. None of the funds made available in this Act may be used for the
Green Maintenance Building in North Bergen, New Jersey.
This Act may be cited as the `Energy and Water Development and Related Agencies
Appropriations Act, 2008'.
Passed the House of Representatives July 17, 2007.
Attest:
LORRAINE C. MILLER,
Clerk.
Calendar No. 274
110th CONGRESS
1st Session
H. R. 2641
AN ACT
Making appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2008, and for other purposes.
July 18 (legislative day, JULY 17), 2007
Received; read twice and placed on the calendar
END
