Water Development FY2006 Appropriations bill

(This measure has not been amended since the Conference Report was filed in the House on November 7, 2005. The summary of that version is repeated here.)

Energy and Water Development Appropriations Act, 2006 - Title I: Department of the Army - Civil - Makes FY2006 appropriations to the Department of the Army and its Corps of Engineers for: (1) civil functions pertaining to rivers and harbors, flood control, shore protection, storm damage reduction, and aquatic ecosystem restoration; (2) planning assistance to the state of Ohio for Stark County watershed basin study; (3) a comprehensive hurricane protection analysis and design, conducted in close coordination with the state of Louisiana, to develop flood control, coastal restoration, and hurricane protection measures for South Louisiana; (4) certain flood damage reduction projects on the Mississippi River and its tributaries (including Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee); (5) regulatory program for navigable waters and wetlands; (6) the formerly utilized sites remedial action program; and (7) general administrative expenses and related civil works functions.

Prohibits funds otherwise available to the Corps of Engineers from being available for the rehabilitation and lead and asbestos abatement of the dredge McFarland.

(Sec. 102) Limits agreements proposed for execution by the Assistant Secretary of the Army for Civil Works or the United States Army Corps of Engineers after enactment of this Act to total credits and reimbursements for all applicable projects not to exceed $100 million in each fiscal year.

(Sec. 103) Prohibits the Army Corps of Engineers from using funds to support activities related to any proposed new landfill in the Muskingum Watershed if specified conditions prevail.

(Sec. 104) Bars the use of funds 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) Bars the use of funds made available in this Act 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) States that certain requirements regarding the use of continuing contracts under the Water Resources Development Act of 1999 apply only to projects funded under the Operation and Maintenance account and subaccount of the Flood Control, Mississippi River and Tributaries account.

(Sec. 110) Amends federal law relating to Gwynns Falls Watershed, Baltimore, Maryland, to set forth credit and reimbusement guidelines for the non-federal sponsor.

(Sec. 111) Prohibits the expenditure of funds in this Act 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) Amends the Water Resources Development Act of 1996 to increase to $358 million the total cost for Marmet Lock, Kanawha River, West Virginia.

(Sec. 113) Credits certain nonfederal funds expended in connection with the Truckee Meadows Flood Control Project, Nevada, to the non-federal sponsor's share of costs for the project.

(Sec. 114) Bars the use of funds made available by this Act to carry out any water reallocation project or component under the Wolf Creek Project, Lake Cumberland, Kentucky.

(Sec. 115) Increases from $10 million to $20 million the authorization of appropriations to implement the Las Vegas Wash and wetlands restoration and Lake Mead improvement project (Nevada).

(Sec. 116) Modifies the Yazoo Basin Big Sunflower River, Mississippi, project to include the design and construction at full federal expense for sedimentation, erosion and headcutting in watersheds of the Yazoo River Basin: Yazoo Headwater and Big Sunflower.

(Sec. 117) Amends the Water Resources Development Act of 1992 to increase from $2 million to $15 million the authorization of appropriations for planning, design and construction for the Lower Mississippi River Museum and Riverfront Interpretive Site, Mississippi.

(Sec. 118) Amends the Water Resources Development Act of 1999 to increase from $25 million to $50 million the authorization of appropriations for central New Mexico projects.

(Sec. 119) Modifies the Water Resources Development Act of 2000 to authorize the Chief of Engineers to implement the project for navigation, Los Angeles Harbor, California, at a total cost of $222 million.

(Sec. 120) Amends the Water Resources Development Act of 1992 to authorize $10 million for a water transmission main, Alpine, California.

(Sec. 121) Authorizes the Secretary of the Army to implement and fund projects to comply with a specified 2003 Biological Opinion and to award grants and enter into contracts, cooperative agreements, or interagency agreements with certain participants in the Endangered Species Act Collaborative Program Workgroup in order to carry out such projects. Requires a nonfederal cost share of 25% for any such project, provided through in-kind services or direct cash contributions.

(Sec. 122) Amends the Water Resources Development Act of 2000 to: (1) designate the Tri-Cities Power Authority as owner and operator of the hydropower facilities at the flood control project, Bluestone Lake, Ohio River Basin, West Virginia; and (2) revise guidelines governing completion of project construction and oversight by the Secretary of Energy.

(Sec. 123) Prescribes guidelines for the Secretary of the Army to implement the wastewater infrastructure project, DeSoto County, Mississippi.

(Sec. 124) Modifies the flood control project for Las Vegas Wash and Tributaries (Flamingo and Tropicana Washes), Nevada, to require that the costs of certain channel crossings: (1) shall be added to the authorized costs of the project; (2) shall be cost-shared; and (3) shall not be considered part of the nonfederal sponsor's responsibility to provide lands, easements, and rights-of-way, and to perform relocations for the project.

(Sec.125) Directs the Secretary of the Army to carry out a continuing restoration program for the Lake Michigan Waterfront and Related Areas, Lake and Porter Counties, Indiana.

(Sec.126) Increases from $20 million to $30 million the authorization of funds for Chesapeake Bay Oyster Restoration, Maryland and Virginia.

(Sec.127) Authorizes the Secretary of the Army to complete the project for flood control, Little Calumet River, Indiana, in accordance with the post authorization change report dated August 2000 at a total cost of $198 million, with an estimated federal cost of $148.5 million and an estimated nonfederal cost of $49.5 million.

(Sec.128) Prescribes guidelines under which 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 (American River Watershed).

Makes the $30 million already authorized for construction of the Folsom permanent bridge an addition to the $36 million provided for in the recommended plan for bridge construction. Excludes such $30 million from cost sharing requirements with nonfederal interests.

(Sec. 129) Modifies the navigation project, Jacksonville Harbor, Florida, to authorize the Secretary of the Army to extend navigation features in accordance with the Report of the Chief of Engineers, dated July 22, 2003, at a total cost of $14.658 million, with an estimated federal cost of $9.636 million and an estimated nonfederal cost of $5.022 million.

(Sec. 130) Amends the Water Resources Development Act of 1999 to: (1) quadruple funds for water-related environmental infrastructure and resource protection and development projects in Ohio; and (2) triple funds for environmental restoration, conservation, and management of Onondaga Lake, New York.

(Sec. 132) Prescribes guidelines for the Secretary of the Army 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.

(Sec. 133) Directs the Secretary of the Army to convey all federal right, title, and interest to specified real property to Pujo Heirs and Westland Corporation, at such time as Pujo Heirs and Westland Corporation convey all right, title, and interest in certain real property to the United States.

(Sec. 134) Modifies project guidelines for flood damage reduction, environmental restoration, recreation, Johnson Creek, Arlington, Texas.

(Sec. 135) Makes funds earmarked for Hudson River, Athens, New York, available for projects in the Catskill/Delaware watersheds in Delaware and Greene Counties, New York, under the authority of the New York City Watershed Environmental Assistance Program.

(Sec. 136) Bars the availability of specified funds under this Act to reassign personnel from the Charleston, South Carolina, district office in excess of 180 days.

(Sec. 137) Authorizes the Secretary of the Army to: (1) design and construct recreation and access features designated as Phase II of the Louisville Waterfront Park, Kentucky; and (2) carry out the project for navigation, Akutan, Alaska, at a total cost of $19.7 million, in accordance with the plans and conditions described in the Report of the Chief of Engineers dated December 20, 2004.

(Sec. 139) Designates as the "Paul S. Sarbanes Ecosystem Restoration Project at Poplar Island," the project for the beneficial use of dredged material at Poplar Island, Maryland.

Title II: Department of the Interior - Makes FY2006 appropriations to the Department of the Interior for: (1) the Utah Reclamation Mitigation and Conservation Account (Central Utah Project Completion Account) for the Utah Reclamation Mitigation and Conservation Commission; (2) the Bureau of Reclamation for the Upper Colorado River Basin Fund and the Lower Colorado River Basin Development Fund, as well as the Colorado River Dam Fund; (3) the Central Valley (California) Project Restoration Fund; (4) California Bay-Delta Restoration; and (5) administration and related functions in the office of the Commissioner, the Denver office, and offices in the five regions of the Bureau of Reclamation.

(Sec. 201) Prohibits the use of any funds made available by this Act to determine the final point of discharge for the interceptor drain for the San Luis Unit until the Secretary of the Interior and the state of California have developed a plan which conforms to California water quality standards as approved by the Administrator of the Environmental Protection Agency (EPA), in order to minimize any detrimental effect of the San Luis drainage waters.

Directs the Secretary of the Interior to classify the costs of the Kesterson Reservoir Cleanup and the San Joaquin Valley Drainage Programs 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 a specified report.

(Sec. 202) Bars the use of funds to pay salaries and expenses of personnel to purchase or lease water in the Middle Rio Grande, or the Carlsbad Projects in New Mexico, unless such purchase or lease is in compliance with certain statutory purchase requirements.

(Sec. 203) Amends the Lower Colorado Water Supply Act to authorize the Secretary to: (1) enter into an agreement or agreements with the city of Needles (California) or the Imperial Irrigation District for the design and construction of the remaining stages of the Lower Colorado Water Supply Project; and (2) contract with additional persons or entities who hold certain Boulder Canyon Project Act contracts for municipal and industrial uses within the state of California for the use or benefit of Project water.

(Sec. 204) Makes funds available under this Act for Drought Emergency Assistance 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.

(Sec. 205) Authorizes the Secretary of the Interior to enter into grants, cooperative agreements, and other agreements with irrigation or water districts and states to fund up to 50% 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 specified states.

(Sec. 206) Amends the Water Desalination Act of 1996 to extend the authorization of appropriations to FY2006

(Sec. 207) Amends the Colorado Ute Indian Water Rights Settlement Act of 1988 to extend to FY2012 the authorization of appropriations for the Colorado Ute Settlement Fund.

(Sec. 208) Directs the Secretary of the Interior to provide specified funds to: (1) the University of Nevada to acquire land, water, and related interests in the Walker River Basin, Nevada; (2) the Walker River Paiute Tribe for a water lease and purchase program; and (3) the United States Fish and Wildlife Service, the Walker River Paiute Tribe, and the Nevada Division of Wildlife, to complete 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.

Requires the Secretary, acting through the Commissioner of Reclamation, to provide certain funds for tamarisk eradication, riparian area restoration, and channel restoration efforts within the Walker River Basin designed to enhance water delivery to Walker Lake.

(Sec. 209) Authorizes the Secretary of the Interior to complete a special report to update cost analysis and associated benefits of the Auburn-Folsom South Unit, Central Valley Project. Authorizes appropriations.

Title III: Department of Energy - Makes appropriations to the Department of Energy (DOE) for FY2006 for: (1) energy supply and conservation programs; (2) fossil energy research and development; (3) naval petroleum and oil shale reserve activities; (4) payment to the state of California for the State Teachers' Retirement Fund (in part from the Elk Hills School Lands Fund); (5) Strategic Petroleum Reserve facility development and operations and program management; (6) the Energy Information Administration; (7) non-defense environmental cleanup activities; (8) uranium enrichment facility decontamination and decommissioning; (9) general DOE science activities; (10) nuclear waste disposal; (11) DOE administration; (12) Office of the Inspector General; (13) atomic energy defense activities; (14) national nuclear security administration; (15) weapons activities; (16) defense nuclear nonproliferation activities; (17) naval reactors activities; (18) Office of the Administrator in the National Nuclear Security Administration; (19) defense environmental cleanup; (20) other DOE defense activities; and (21) defense nuclear waste disposal.

Defers until October 1, 2006, certain funds for clean coal technology, but makes other specified funds available for ongoing projects. Rescinds $20 million of uncommitted balances.

Declares that during FY2006 no new direct loan obligations may be made regarding expenditures from the Bonneville Power Administration Fund.

Makes appropriations for FY2006 for: (1) the various geographical power marketing administrations of DOE; (2) the hydroelectric facilities at the Falcon and Amistad Dams; and (3) the Federal Energy Regulatory Commission (FERC).

(Sec. 301) Prohibits the use of funds appropriated under this Act for payments for a noncompetitive management and operating contract, unless the Secretary of Energy has published, and submitted to certain congressional committees, a written notification of a decision to use competitive procedures for the award of the contract, or nonrenewal of the contract, when its term expires.

(Sec. 302) Prohibits the use of funds appropriated by this Act to: (1) develop or implement a workforce restructuring plan that covers employees of the Department of Energy (DOE); (2) provide enhanced severance payments or other benefits for such employees under specified law; (3) augment certain funds made available for obligation for certain severance payments, other benefits and community assistance grants, unless DOE submits a reprogramming request to appropriate congressional committees; or (4) prepare or initiate Requests For Proposals (RFPs) for a program that has not been funded by Congress.

(Sec. 306) Denies the use of funds for the Administrator of the Bonneville Power Administration to enter into any agreement to perform energy efficiency services outside the Bonneville service territory without certification that such services are not available from private sector businesses (except those provided internationally).

(Sec. 307) Directs DOE to ensure broad public notice of the availability of a user facility, and to employ open competition in selecting a partner for such a facility when it makes one available to universities or other potential users.

(Sec. 308) Deems funds appropriated by this Act or any other Act during FY2006 for intelligence activities to be specifically authorized by Congress under the National Security Act of 1947 until the enactment of the Intelligence Authorization Act for FY2006.

(Sec. 309) Bars the use of certain funds under this Act for disposal in the Waste Isolation Pilot Plant of transuranic waste containing specified concentrations of plutonium.

(Sec. 310) Makes 20% the nonfederal share of project costs for the Reno Hydrogen Fuel Project.

(Sec. 311) Permits the Secretary of Energy to authorize for laboratory-directed research and development a specific amount up to 8% of funds made available by DOE for activities at government-owned, contractor-operator operated laboratories funded in this Act.

(Sec. 312) Authorizes the Secretary of Energy to provide for FY2006, out of amounts appropriated for the Rocky Flats Environmental Technology Site, up to $10 million for the purchase of mineral rights at such Site.

(Sec. 313) Amends the Atomic Energy Defense Act to: (1) extend (generally to dates in 2012) certain deadlines governing disposition of weapons-usable plutonium at the Savannah River site; and (2) direct the Secretary of Energy to report to Congress on construction and operation of the MOX facility that includes a schedule for revising statutory requirements during FY2007 to conform with the schedule established by the Secretary for the MOX facility, based on estimated funding levels for the fiscal year.

(Sec. 314) Authorizes the Secretary of Energy to barter, transfer, or sell uranium and to use any proceeds, without fiscal year limitation, to remediate uranium inventories held by the Secretary (including natural uranium concentrates, natural uranium hexafluoride, or in any form or assay).

(Sec. 315) Amends the Consolidated Appropriations Act, 2004 to provide $50 million for the Iowa Environmental and Education project. Prohibits further funds from being disbursed by DOE until a 100% non-federal cash and in-kind match (excluding land donations) of the appropriated federal funds has been secured for the project by the non-federal project sponsor.

Title IV: Independent Agencies - Makes FY2006 appropriations for: (1) the Appalachian Regional Commission; (2) the Defense Nuclear Facilities Safety Board; (3) the Delta Regional Authority; (4) the Denali Commission; (5) the Nuclear Regulatory Commission; (6) the Office of the Inspector General; and (7) the Nuclear Waste Technical Review Board.

Title V: General Provisions - (Sec. 501) Prohibits the use of funds made available in this Act to influence congressional action on any legislation or appropriation matters pending before Congress.

(Sec. 502) Prohibits the transfer of funds made available in this Act to any federal department, agency, or instrumentality, except pursuant to a transfer made by, or transfer authority provided in this Act, or any other appropriation Act.