November 7, 2005 CONGRESSIONAL RECORD — HOUSE H9813 Res. 444, as amended, on which the yeas Reichert Shadegg Tierney PERSONAL EXPLANATION and nays are ordered. Renzi Shaw Turner Reynolds Shays Udall (CO) Ms. SLAUGHTER. Mr. Speaker, I was un- The vote was taken by electronic de- Rogers (AL) Sherwood Udall (NM) avoidably detained and missed 3 rollcall votes. vice, and there were—yeas 348, nays 0, Rogers (KY) Shuster Upton Had I been present, I would have voted ‘‘yea’’ not voting 85, as follows: Rogers (MI) Simmons Van Hollen Rohrabacher Simpson Visclosky on H. Con. Res. 260, H.R. 1973, and H. Res. [Roll No. 572] Ros-Lehtinen Skelton Walden (OR) 444. YEAS—348 Ross Smith (NJ) Walsh Rothman Smith (TX) Wamp f Abercrombie Doolittle Kuhl (NY) Roybal-Allard Smith (WA) Wasserman PERSONAL EXPLANATION Aderholt Drake Langevin Royce Snyder Schultz Akin Dreier Lantos Ruppersberger Sodrel Watson Mr. ANDREWS. Mr. Speaker, I regret that I Alexander Duncan Larsen (WA) Ryan (OH) Spratt Watt missed three votes on November 7th, 2005. Allen Edwards Latham Ryun (KS) Stearns Waxman Bachus Ehlers LaTourette Sabo Sullivan Weiner Had I been present, I would have voted ‘‘yea’’ Baird Emanuel Levin Salazar Sweeney Weldon (PA) on H. Con. Res. 260 (Recognizing the 40th Baker Emerson Lewis (CA) Sanchez, Loretta Tancredo Weller anniversary of the Second Vatican Council’s Baldwin Engel Lewis (GA) Sanders Tanner Westmoreland Barrett (SC) English (PA) Linder Saxton Tauscher Wexler Declaration on the Relation of the Church to Barrow Eshoo LoBiondo Schakowsky Taylor (MS) Wicker Non-Christian Religions, Nostra Aetate, and Bartlett (MD) Etheridge Lofgren, Zoe Schiff Thomas Wilson (NM) the continuing need for mutual inter-religious Barton (TX) Evans Lowey Schmidt Thompson (CA) Wolf respect and dialogue); ‘‘yea’’ on H.R. 1973 Bass Everett Lucas Schwartz (PA) Thompson (MS) Woolsey Bean Farr Lungren, Daniel Scott (GA) Thornberry Wu (Water for the Poor Act of 2005); and ‘‘yea’’ Beauprez Fattah E. Sensenbrenner Tiahrt Wynn on H. Res. 444 (Gynecological Resolution for Berkley Feeney Lynch Sessions Tiberi Young (AK) Berry Ferguson Mack Advancement of Ovarian Cancer Education). Biggert Filner Maloney NOT VOTING—85 f Bilirakis Fitzpatrick (PA) Manzullo Ackerman Holden Pomeroy PERSONAL EXPLANATION Bishop (GA) Flake Markey Andrews Hulshof Price (NC) Bishop (UT) Foley Matheson Baca Israel Rangel Mr. GUTKNECHT. Mr. Speaker, I was un- Blackburn Forbes Matsui Becerra Istook Reyes Blumenauer Fortenberry McCaul (TX) avoidably absent from the House on Novem- Berman Jenkins Rush Blunt Fossella McCollum (MN) ber 7, 2005 due to an important meeting I had Bishop (NY) Johnson (CT) Ryan (WI) Boehlert Foxx McCotter Boswell Johnson, Sam with the New Zealand Ambassador in St. Paul, Boehner Frank (MA) McCrery Sa´ nchez, Linda Boustany Jones (OH) T. Minnesota. During this meeting, the Ambas- Bonilla Frelinghuysen McDermott Brown (OH) Kilpatrick (MI) Schwarz (MI) Bonner Gallegly McGovern Brown, Corrine Kirk sador and I discussed agricultural trade Scott (VA) Bono Garrett (NJ) McHenry Brown-Waite, LaHood issues. Boozman Gerlach McHugh Ginny Larson (CT) Serrano Had I been present in the House, I would Boren Gilchrest McIntyre Sherman Cantor Leach have voted ‘‘yea’’ on the following bills: H. Boucher Gillmor McKeon Capuano Lee Shimkus Boyd Gingrey McMorris Cardin Lewis (KY) Slaughter Con. Res. 260, H.R. 1973, and H. Res. 444. Bradley (NH) Gohmert McNulty Case Lipinski Solis f Brady (PA) Gonzalez Meehan Conyers Marchant Souder Brady (TX) Goode Meek (FL) Crowley Marshall Stark PERSONAL EXPLANATION Brown (SC) Goodlatte Melancon Davis (TN) McCarthy Strickland Burgess Granger Menendez Doyle McKinney Stupak Mr. PASCRELL. Mr. Speaker, I rise to offer Burton (IN) Graves Mica Ford Meeks (NY) Taylor (NC) a personal explanation. Earlier today, I was Butterfield Green (WI) Michaud Franks (AZ) Millender- Terry Buyer Green, Al Miller (FL) unavoidably detained on rollcall votes 570, Gibbons McDonald Towns Calvert Green, Gene Miller (MI) 571, and 572 due to a prior obligation in my Gordon Murtha Vela´ zquez Camp Grijalva Miller (NC) Gutierrez Neal (MA) district. Had I been present, I would have Cannon Hall Miller, Gary Waters Gutknecht Norwood Weldon (FL) voted ‘‘yea’’ on rollcall vote 570 (H. Con. Res. Capito Harman Miller, George Harris Owens Whitfield 260, Recognizing the 40th anniversary of the Capps Hart Mollohan Hastings (FL) Pallone Wilson (SC) Cardoza Hastings (WA) Moore (KS) Hinchey Pascrell Second Vatican Council’s Declaration on the Young (FL) Carnahan Hayes Moore (WI) Hoekstra Payne Relation of the Church to Non-Christian Reli- Carson Hayworth Moran (KS) Carter Hefley Moran (VA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE gions, Nostra Aetate, and the continuing need Castle Hensarling Murphy The SPEAKER pro tempore (Mrs. for mutual inter-religious respect and dia- Chabot Herger Musgrave BIGGERT) (during the vote). Members logue), ‘‘yea’’ on rollcall vote 571 (H.R. 1973, Chandler Herseth Myrick The Water for the Poor Act of 2005) and Chocola Higgins Nadler are advised that there are 2 minutes re- Clay Hinojosa Napolitano maining in this vote. ‘‘yea’’ on rollcall vote 571 (H. Res. 444, Gyne- Cleaver Hobson Neugebauer cological Resolution for Advancement of Ovar- Clyburn Holt Ney b 1926 ian Cancer Education). Coble Honda Northup Cole (OK) Hooley Nunes So (two-thirds having voted in favor f thereof) the rules were suspended and Conaway Hostettler Nussle REMOVAL OF NAME OF MEMBER Cooper Hoyer Oberstar the resolution, as amended, was agreed AS COSPONSOR OF H.R. 4228 Costa Hunter Obey to. Costello Hyde Olver Mr. LARSEN of Washington. Madam Cramer Inglis (SC) Ortiz The result of the vote was announced Crenshaw Inslee Osborne as above recorded. Speaker, I ask unanimous consent to Cubin Issa Otter A motion to reconsider was laid on have the gentleman from Michigan Cuellar Jackson (IL) Oxley the table. (Mr. LEVIN) removed as a cosponsor of Culberson Jackson-Lee Pastor Cummings (TX) Paul f H.R. 4228. Cunningham Jefferson Pearce The SPEAKER pro tempore. Is there Davis (AL) Jindal Pelosi PERSONAL EXPLANATION objection to the request of the gen- Davis (CA) Johnson (IL) Pence Ms. KILPATRICK of Michigan. Mr. Speaker, tleman from Washington? Davis (FL) Johnson, E. B. Peterson (MN) Davis (IL) Jones (NC) Peterson (PA) personal reasons require my absence from There was no objection. Davis (KY) Kanjorski Petri legislative business scheduled for today, Mon- f Davis, Jo Ann Kaptur Pickering day, November 7, 2005. Had I been present, Davis, Tom Keller Pitts I would have voted ‘‘yea’’ on H. Con. Res. CONFERENCE REPORT ON H.R. 2419, Deal (GA) Kelly Platts ENERGY AND WATER DEVELOP- DeFazio Kennedy (MN) Poe 260, a resolution recognizing the 40th anniver- DeGette Kennedy (RI) Pombo sary of the Second Vatican Council’s Declara- MENT APPROPRIATIONS ACT, Delahunt Kildee Porter tion on the Relation of the Church to Non- 2006 DeLauro Kind Price (GA) DeLay King (IA) Pryce (OH) Christian Religions, etc. (rollcall No. 570); Mr. HOBSON submitted the following Dent King (NY) Putnam ‘‘yea’’ on H.R. 1973, Water for the Poor Act of conference report and statement on the Diaz-Balart, L. Kingston Radanovich 2005 (rollcall No. 571); and ‘‘yea’’ on H. Res. bill (H.R. 2419) making appropriations Diaz-Balart, M. Kline Rahall 444, the Gynecological Resolution for Ad- for energy and water development for Dicks Knollenberg Ramstad Dingell Kolbe Regula vancement of Ovarian Cancer Education (roll- the fiscal year ending September 30, Doggett Kucinich Rehberg call No. 572). 2006, and for other purposes:

VerDate Aug 31 2005 05:05 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00117 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.037 H07NOPT1 H9814 CONGRESSIONAL RECORD — HOUSE November 7, 2005

CONFERENCE REPORT (H. REPT. 109–275) ernment to construction); $2,372,000,000, to re- the Lower Mingo County, Upper Mingo County, The committee of conference on the dis- main available until expended; of which such Wayne County, McDowell County, West Vir- agreeing votes of the two Houses on the sums as are necessary to cover the Federal share ginia, elements of the Levisa and Tug Forks of amendment of the Senate to the bill (H.R. of construction costs for facilities under the the Big Sandy River and Upper Cumberland 2419) ‘‘making appropriations for energy and Dredged Material Disposal Facilities program River Project: Provided further, That the Chief water development for the fiscal year ending shall be derived from the Harbor Maintenance of Engineers is directed to continue the September 30, 2006, and for other purposes’’, Trust Fund as authorized by Public Law 104– Dickenson County Detailed Project Report as having met, after full and free conference, 303; and of which such sums as are necessary generally defined in Plan 4 of the Huntington have agreed to recommend and do rec- pursuant to Public Law 99–662 shall be derived District Engineer’s Draft Supplement to the sec- ommend to their respective Houses as fol- from the Inland Waterways Trust Fund, to tion 202 General Plan for Flood Damage Reduc- lows: cover one-half of the costs of construction and tion dated April 1997, including all Russell Fork That the House recede from its disagree- rehabilitation of inland waterways projects, (in- tributary streams within the County and special ment to the amendment of the Senate, and cluding the rehabilitation costs for Lock and considerations as may be appropriate to address agree to the same with an amendment, as Dam 11, Mississippi River, Iowa; Lock and Dam the unique relocations and resettlement needs follows: 19, Mississippi River, Iowa; Lock and Dam 24, for the flood prone communities within the In lieu of the matter stricken and inserted Mississippi River, Illinois and Missouri; Lock 27, County: Provided further, That the Secretary of Mississippi River, Illinois; and Lock and Dam 3, by said amendment, insert: the Army, acting through the Chief of Engi- Mississippi River, Minnesota) shall be derived neers, is directed to use $16,000,000 of the funds That the following sums are appropriated, out from the Inland Waterways Trust Fund; and of appropriated herein for the Clover Fork, City of of any money in the Treasury not otherwise ap- which $12,000,000 shall be exclusively for Cumberland, Town of Martin, Pike County (in- propriated, for the fiscal year ending September projects and activities authorized under section cluding Levisa Fork and Tug Fork Tributaries), 30, 2006, for energy and water development and 107 of the River and Harbor Act of 1960; and of Bell County, Harlan County in accordance with for other purposes, namely: which $500,000 shall be exclusively for projects the Draft Detailed Project Report dated January TITLE I and activities authorized under section 111 of 2002, Floyd County, Martin County, Johnson CORPS OF ENGINEERS—CIVIL the River and Harbor Act of 1968; and of which County, and Knox County, Kentucky, detailed $7,000,000 shall be exclusively for projects and DEPARTMENT OF THE ARMY project report, elements of the Levisa and Tug activities authorized under section 103 of the Forks of the Big Sandy River and Upper Cum- CORPS OF ENGINEERS—CIVIL River and Harbor Act of 1962; and of which berland River: Provided further, That the Chief The following appropriations shall be ex- $40,000,000 shall be exclusively available for of Engineers is directed to proceed with work on pended under the direction of the Secretary of projects and activities authorized under section the permanent bridge to replace Folsom Bridge the Army and the supervision of the Chief of 205 of the Flood Control Act of 1948; and of Dam Road, Folsom, California, as authorized by Engineers for authorized civil functions of the which $15,000,000 shall be exclusively for the Energy and Water Development Appropria- Department of the Army pertaining to rivers projects and activities authorized under section tions Act, 2004 (Public Law 108–137), and, of the and harbors, flood control, shore protection and 14 of the Flood Control Act of 1946; and of $15,000,000 available for the American River Wa- storm damage reduction, aquatic ecosystem res- which $300,000 shall be exclusively for projects tershed (Folsom Dam Mini-Raise), California, and activities authorized under section 208 of toration, and related purposes. project, $10,000,000 of those funds be directed for the Flood Control Act of 1954; and of which INVESTIGATIONS the permanent bridge, with all remaining de- $30,000,000 shall be exclusively for projects and For expenses necessary for the collection and voted to the Mini-Raise: Provided further, That activities authorized under section 1135 of the study of basic information pertaining to river $300,000 is provided for the Chief of Engineers to Water Resources Development Act of 1986; and and harbor, flood control, shore protection and conduct a General Reevaluation Study on the of which $30,000,000 shall be exclusively for storm damage reduction, aquatic ecosystem res- Mount St. Helens project to determine if eco- projects and activities authorized under section toration, and related projects, restudy of au- system restoration actions are prudent in the 206 of the Water Resources Development Act of thorized projects, miscellaneous investigations, Cowlitz and Toutle watersheds for species that 1996; and of which $5,000,000 shall be exclusively and, when authorized by law, surveys and de- have been listed as being of economic impor- for projects and activities authorized under sec- tailed studies and plans and specifications of tions 204 and 207 of the Water Resources Devel- tance and threatened or endangered: Provided projects prior to construction, $164,000,000, to re- opment Act of 1992 and section 933 of the Water further, That $35,000,000 shall be available for main available until expended: Provided, That, Resources Development Act of 1986: Provided, projects and activities authorized under 16 notwithstanding any other provision of law, That the Chief of Engineers is directed to use U.S.C. 410–r–8: Provided further, That the Sec- within the funds provided under this heading, $11,250,000 of the funds appropriated herein for retary is directed to use $2,000,000 of the funds $1,000,000 shall be available for planning assist- the Dallas Floodway Extension, Texas, project, appropriated herein to provide a grant to the ance to the state of Ohio for Stark County wa- including the Cadillac Heights feature, gen- City of Caliente, Nevada, for the City to expend tershed basin study: erally in accordance with the Chief of Engineers for the purpose of purchasing construction Provided further, That using $8,000,000 of the report dated December 7, 1999: Provided further, equipment to be used by the City in constructing funds provided herein, the Secretary of the That the Chief of Engineers is directed to use local flood control measures. Army, acting through the Chief of Engineers, is $1,500,000 of the funds provided herein for the FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBU- directed to conduct a comprehensive hurricane Hawaii Water Management Project: Provided TARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOU- protection study at full federal expense to de- further, That the Chief of Engineers is directed ISIANA, MISSISSIPPI, MISSOURI, AND TENNESSEE velop and present a full range of flood, coastal to use $13,000,000 of the funds appropriated For expenses necessary for the flood damage and hurricane protection measures exclusive of herein for the navigation project at reduction program for the Mississippi River al- normal policy considerations for south Lou- Kaumalapau Harbor, Hawaii: Provided further, luvial valley below Cape Girardeau, Missouri, isiana and the Secretary shall submit a feasi- That the Chief of Engineers is directed to use as authorized by law, $400,000,000, to remain bility report for short-term protection within 6 $4,000,000 of the funds provided herein for the available until expended, of which such sums as months of enactment of this Act, interim protec- Dam Safety and Seepage/Stability Correction are necessary to cover the Federal share of oper- tion within 12 months of enactment of this Act Program for seepage control features and re- ation and maintenance costs for inland harbors and long-term comprehensive protection within pairs to the tainter gates at Waterbury Dam, shall be derived from the Harbor Maintenance 24 months of enactment of this Act: Provided Vermont: Provided further, That $600,000 of the Trust Fund: Provided, That the Chief of Engi- further, That the Secretary shall consider pro- funds provided herein for the Dam Safety and neers is directed to use $20,000,000 of the funds viding protection for a storm surge equivalent to Seepage/Stability Correction Program shall be provided herein for design and real estate activi- a Category 5 hurricane within the project area available for Dover Dam, Ohio: Provided fur- ties and pump supply elements for the Yazoo and may submit reports on component areas of ther, That the Chief of Engineers is directed to Basin, Yazoo Backwater Pumping Plant, Mis- the larger protection program for authorization use $9,500,000 of the funds appropriated herein sissippi: Provided further, That the Secretary of as soon as practicable: Provided further, That for planning, engineering, design or construc- the Army, acting through the Chief of Engineers the analysis shall be conducted in close coordi- tion of the Grundy, Buchanan County, and is directed to use $9,000,000 appropriated herein nation with the State of Louisiana and its ap- Dickenson County, Virginia, elements of the for construction of water withdrawal features of propriate agencies. Levisa and Tug Forks of the Big Sandy River the Grand Prairie, Arkansas, project, of which CONSTRUCTION and Upper Cumberland River Project: Provided such sums as are necessary to cover the Federal For expenses necessary for the construction of further, That the Chief of Engineers is directed share of operation and maintenance costs for in- river and harbor, flood control, shore protection to use $5,600,000 of the funds appropriated here- land harbors shall be derived from the Harbor and storm damage reduction, aquatic ecosystem in for planning, engineering, design or construc- Maintenance Trust Fund. restoration, and related projects authorized by tion of the Lower Mingo County, Upper Mingo OPERATION AND MAINTENANCE law; for conducting detailed studies, and plans County, Wayne County, McDowell County, For expenses necessary for the operation, and specifications, of such projects (including West Virginia, elements of the Levisa and Tug maintenance, and care of existing river and har- those involving participation by States, local Forks of the Big Sandy River and Upper Cum- bor, flood and storm damage reduction, aquatic governments, or private groups) authorized or berland River Project: Provided further, That ecosystem restoration, and related projects au- made eligible for selection by law (but such de- the Chief of Engineers is directed to use thorized by law; for providing security for infra- tailed studies, and plans and specifications, $5,600,000 of the funds appropriated herein for structure owned and operated by, or on behalf shall not constitute a commitment of the Gov- planning, engineering, design or construction of of, the United States Army Corps of Engineers

VerDate Aug 31 2005 06:00 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00118 Fmt 7634 Sfmt 6333 E:\CR\FM\A07NO7.052 H07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — HOUSE H9815 (the ‘‘Corps’’), including administrative build- local governments, comprehensive analyses that (3) an identification of items of special con- ings and facilities, laboratories, and the Wash- examine multi-jurisdictional use and manage- gressional interest: Provided further, That the ington Aqueduct; for the maintenance of harbor ment of water resources on a watershed or re- amount appropriated for salaries and expenses channels provided by a State, municipality, or gional scale. of the Corps of Engineers shall be reduced by other public agency that serve essential naviga- OFFICE OF ASSISTANT SECRETARY OF THE ARMY $100,000 per day for each day after the required tion needs of general commerce, where author- (CIVIL WORKS) date that the report has not been submitted to ized by law; and for surveys and charting of For expenses necessary for the Office of As- the Congress. northern and northwestern lakes and con- sistant Secretary of the Army (Civil Works), as (d) None of the funds received as a non-fed- necting waters, clearing and straightening authorized by 10 U.S.C. 3016(b)(3), $4,000,000. eral share for project costs by any agency fund- channels, and removal of obstructions to navi- ADMINISTRATIVE PROVISION ed in title I of this Act shall be available for re- gation, $1,989,000,000, to remain available until Appropriations in this title shall be available programming. SEC. 102. Beginning in fiscal year 2006 and expended, of which such sums to cover the Fed- for official reception and representation ex- thereafter, agreements proposed for execution by eral share of operation and maintenance costs penses not to exceed $5,000; and during the cur- the Assistant Secretary of the Army for Civil for coastal harbors and channels, and inland rent fiscal year the Revolving Fund, Corps of Works or the United States Army Corps of Engi- harbors shall be derived from the Harbor Main- Engineers, shall be available for purchase not to neers after the date of the enactment of this Act tenance Trust Fund, pursuant to Public Law exceed 100 for replacement only and hire of pas- pursuant to section 4 of the River and Harbor 99–662 may be derived from that fund; of which senger motor vehicles. such sums as become available from the special Act of 1915, Public Law 64–291; section 11 of the GENERAL PROVISIONS, CORPS OF ENGINEERS— account for the Corps established by the Land River and Harbor Act of 1925, Public Law 68– CIVIL and Water Conservation Act of 1965, as amend- 585; the Civil Functions Appropriations Act, SEC. 101. (a) None of the funds provided in ed (16 U.S.C. 460l–6a(i)), may be derived from 1936, Public Law 75–208; section 215 of the Flood title I of this Act, or provided by previous appro- that account for resource protection, research, Control Act of 1968, as amended, Public Law 90– priations Acts to the agencies or entities funded interpretation, and maintenance activities re- 483; sections 104, 203, and 204 of the Water Re- in title I of this Act that remain available for lated to resource protection in the areas at sources Development Act of 1986, as amended, obligation or expenditure in fiscal year 2006, which outdoor recreation is available; and of Public Law 99–662; section 206 of the Water Re- shall be available for obligation or expenditure which such sums as become available under sec- sources Development Act of 1992, as amended, through a reprogramming of funds that: tion 217 of the Water Resources Development Public Law 102–580; section 211 of the Water Re- (1) creates or initiates a new program, project, Act of 1996, Public Law 104–303, shall be used to sources Development Act of 1996, Public Law or activity; cover the cost of operation and maintenance of 104–303; and any other specific project author- (2) eliminates a program, project or activity; the dredged material disposal facilities for ity, shall be limited to total credits and reim- (3) increases funds or personnel for any pro- which fees have been collected: Provided, That bursements for all applicable projects not to ex- gram, project or activity for which funds have utilizing funds appropriated herein, for the In- ceed $100,000,000 in each fiscal year. been denied or restricted by this Act; SEC. 103. In order to protect and preserve the tracoastal Waterway, Delaware River to Chesa- (4) proposes to use funds directed for a spe- peake Bay, Delaware and Maryland, the Chief integrity of the water supply against further cific activity by either the House or the Senate degradation, none of the funds made available of Engineers, is directed to reimburse the State Committees on Appropriations for a different of Delaware for normal operation and mainte- under this Act and any other Act hereafter may purpose; be used by the Army Corps of Engineers to sup- nance costs incurred by the State of Delaware (5) augments existing programs, projects or ac- ∂ port activities related to any proposed new land- for the SR1 Bridge from station 58 00 to station tivities in excess of $2,000,000 or 50 percent, 293∂00 between October 1, 2005, and September fill in the Muskingum Watershed if such land- whichever is less, unless prior approval is re- fill— 30, 2006: Provided further, That the Chief of En- ceived from the House and Senate Committees gineers is authorized to undertake, at full Fed- (1) has not received a permit to construct from on Appropriations; the State agency with responsibility for solid eral expense, a detailed evaluation of the Albu- (6) reduces existing programs, projects or ac- querque levees for purposes of determining waste management in the watershed; tivities in excess of $2,000,000 or 50 percent, (2) has not received waste for disposal during structural integrity, impacts of vegetative whichever is less, unless prior approval is re- growth, and performance under current 2005; and ceived from the House and Senate Committees (3) is not contiguous or adjacent to a portion hydrological conditions: Provided further, That on Appropriations; or of a landfill that has received waste for disposal using $275,000 provided herein, the Chief of En- (7) creates, reorganizes, or restructures a in 2005 and each landfill is owned by the same gineers is authorized to remove the sunken ves- branch, division, office, bureau, board, commis- person or entity. sel State of Pennsylvania from the Christina sion, agency, administration, or department dif- SEC. 104. None of the funds appropriated in River in Delaware. ferent from the budget justifications submitted this or any other Act shall be used to dem- REGULATORY PROGRAM to the Committees on Appropriations or the table onstrate or implement any plans divesting or For expenses necessary for administration of accompanying the Statement of Managers ac- transferring any Civil Works missions, func- laws pertaining to regulation of navigable wa- companying this Act, whichever is more de- tions, or responsibilities of the United States ters and wetlands, $160,000,000, to remain avail- tailed, unless prior approval is received from the Army Corps of Engineers to other government able until expended. House and Senate Committees on Appropria- agencies without specific direction in a subse- REVOLVING FUND tions. quent Act of Congress. None of the funds in title I of this Act or oth- (b) Subsection (a)(1) shall not apply to any SEC. 105. ST. GEORGES BRIDGE, DELAWARE.— erwise available to the Corps of Engineers shall project or activity authorized under section 205 None of the funds made available in this Act be available for the rehabilitation and lead and of the Flood Control Act of 1948; section 14 of may be used to carry out any activity relating asbestos abatement of the dredge McFarland. the Flood Control Act of 1946; section 208 of the to closure or removal of the St. Georges Bridge FORMERLY UTILIZED SITES REMEDIAL ACTION Flood Control Act of 1954; section 107 of the across the Intracoastal Waterway, Delaware PROGRAM River and Harbor Act of 1960; section 103 of the River to Chesapeake Bay, Delaware and Mary- For expenses necessary to clean up contami- River and Harbor Act of 1962; section 111 of the land, including a hearing or any other activity nation from sites in the United States resulting River and Harbor Act of 1968; section 1135 of the relating to preparation of an environmental im- from work performed as part of the Nation’s Water Resources Development Act of 1986; sec- pact statement concerning the closure or re- early atomic energy program, $140,000,000, to re- tion 206 of the Water Resources Development moval. main available until expended. Act of 1996; sections 204 and 207 of the Water SEC. 106. Notwithstanding any other provision GENERAL EXPENSES Resources Development Act of 1992 or section of law, the requirements regarding the use of For expenses necessary for general adminis- 933 of the Water Resources Development Act of continuing contracts under the authority of sec- tration and related civil works functions in the 1986. tion 206 of the Water Resources Development headquarters of the United States Army Corps (c) Not later than 60 days after the date of en- Act of 1999 (33 U.S.C. 2331) shall apply only to of Engineers, the offices of the Division Engi- actment of this Act, the Corps of Engineers shall projects funded under the Operation and Main- neers, the Humphreys Engineer Center Support submit a report to the Committees on Appropria- tenance account and the Operation and Mainte- Activity, the Institute for Water Resources, the tions of the Senate and the House of Represent- nance subaccount of the Flood Control, Mis- United States Army Engineer Research and De- atives to establish the baseline for application of sissippi River and Tributaries account. velopment Center, and the United States Army reprogramming and transfer authorities for the SEC. 107. Within 75 days of the date of the Corps of Engineers Finance Center, $154,000,000, current fiscal year: Provided, That the report Chief of Engineers Report on a water resource to remain available until expended: Provided, shall include: matter, the Assistant Secretary of the Army That no part of any other appropriation pro- (1) a table for each appropriation with a sepa- (Civil Works) shall submit the report to the ap- vided in title I of this Act shall be available to rate column to display the President’s budget re- propriate authorizing and appropriating com- fund the civil works activities of the Office of quest, adjustments made by Congress, adjust- mittees of the Congress. the Chief of Engineers or the civil works execu- ments due to enacted rescissions, if appropriate, SEC. 108. None of the funds made available in tive direction and management activities of the and the fiscal year enacted level; title I of this Act may be used to award any con- division offices: Provided further, That the Sec- (2) a delineation in the table for each appro- tinuing contract or to make modifications to any retary is directed to use $4,500,000 of the funds priation both by object class and program, existing continuing contract that commits an appropriated herein to conduct, at full federal project and activity as detailed in the budget amount for a project in excess of the amount ap- expense and in close cooperation with state and appendix for the respective appropriations; and propriated for such project pursuant to this Act:

VerDate Aug 31 2005 05:05 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00119 Fmt 7634 Sfmt 6333 E:\CR\FM\A07NO7.054 H07NOPT1 H9816 CONGRESSIONAL RECORD — HOUSE November 7, 2005 Provided, That the amounts appropriated in flower River, Mississippi, project authorized by (2) in subsection (b)(1)(B)(iii) by striking ‘‘if this Act may be modified pursuant to the au- the Flood Control Act of 1944, as amended and all’’ and all that follows through ‘‘facility’’ and thorities provided in section 101 of this Act or modified, is further modified to include the de- inserting ‘‘assurance project’’; through the application of unobligated balances sign and construction at full Federal expense of (3) in subsection (b)(1)(C) by striking ‘‘and for such project. such measures as determined by the Chief of En- construction’’ and inserting ‘‘, construction, SEC. 109. Within 90 days of the date of enact- gineers to be advisable for the control and re- and operation and maintenance’’; ment of this Act, the Assistant Secretary of the duction of sedimentation, erosion and (4) by adding at the end of subsection (b) the Army (Civil Works) shall transmit to Congress headcutting in watersheds of the Yazoo Basin: following: his report on any water resources matter on Yazoo Headwater and Big Sunflower. ‘‘(3) OPERATION AND OWNERSHIP.—The Tri- which the Chief of Engineers has reported. SEC. 117. LOWER MISSISSIPPI RIVER MUSEUM Cities Power Authority shall be the owner and SEC. 110. Section 123 of Public Law 108–137 AND RIVERFRONT INTERPRETIVE SITE, MIS- operator of the hydropower facilities referred to (117 Stat. 1837) is amended by striking ‘‘in ac- SISSIPPI.—The Water Resources Development in subsection (a).’’; cordance with the Baltimore Metropolitan Act of 1992 (106 Stat. 4811) is amended by— (5) in subsection (c)(1)— Water Resources-Gwynns Fall Watershed Feasi- (1) in section 103(c)(2) by striking ‘‘property (A) by striking ‘‘No’’ and inserting ‘‘Unless bility Report’’ and all that follows and inserting currently held by the Resolution Trust Corpora- otherwise provided, no’’; the following language in lieu thereof: ‘‘in ac- tion in the vicinity of the Mississippi River (B) by inserting ‘‘planning,’’ before ‘‘design’’; cordance with the Baltimore Metropolitan Bridge’’ and inserting ‘‘riverfront property’’; and Water Resources Gwynns Falls Watershed and (C) by striking ‘‘prior to’’ and all that follows Study—Draft Feasibility Report and Integrated (2) in section 103(c)(7)— through ‘‘subsection (d)’’; Environmental Assessment prepared by the (A) by striking ‘‘There is’’ and inserting the (6) in subsection (c)(2) by striking ‘‘design’’ Corps of Engineers and the City of Baltimore, following: ‘‘(A) IN GENERAL.—There is’’; and and inserting ‘‘planning, design,’’; (B) by striking ‘‘$2,000,000’’ and all that fol- (7) in subsection (d)— Maryland, dated April 2004. The non-Federal lows and inserting the following: ‘‘$15,000,000 to (A) by striking paragraphs (1) and (2) and in- sponsor shall receive credit toward its share of plan, design, and construct generally in accord- serting the following: project costs for work carried out by the non- ance with the conceptual plan to be prepared by ‘‘(1) APPROVAL.—The Secretary shall review Federal sponsor prior to execution of a project the Corps of Engineers. the design and construction activities for all cooperation agreement, if the Secretary deter- ‘‘(B) FUNDING.—The planning, design, and features of the hydroelectric project that pertain mines that the work is integral to the project. construction of the Lower Mississippi River Mu- to and affect stability of the dam and control The non-Federal sponsor may also receive credit seum and Riverfront Interpretive Site shall be the release of water from Bluestone Dam to en- for any work performed by the non-Federal carried out using funds appropriated as part of sure that the quality of construction of those sponsor pursuant to a project cooperation agree- the Mississippi River Levees feature of the Mis- features meets all standards established for simi- ment. The non-Federal sponsor shall be reim- sissippi River and Tributaries Project, author- lar facilities constructed by the Secretary.’’; bursed for any work performed by the non-Fed- ized by the Act of May 15, 1928 (45 Stat. 534, (B) by redesignating paragraph (3) as para- eral sponsor that is in excess of the non-Federal chapter 569).’’. graph (2); share of project costs.’’. SEC. 118. Section 593(h) of Public Law 106–541 (C) by striking the period at the end of para- SEC. 111. None of the funds in this Act may be is amended by striking ‘‘$25,000,000’’ and insert- graph (2) (as so redesignated) and inserting ‘‘, expended by the Secretary of the Army to con- ing ‘‘$50,000,000’’ in lieu thereof. except that hydroelectric power is no longer a struct the Port Jersey element of the New York SEC. 119. The project for navigation, Los An- project purpose of the facility so long as Tri-Cit- and New Jersey Harbor or to reimburse the local geles Harbor, California, authorized by section ies Power Authority continues to exercise its re- sponsor for the construction of the Port Jersey 101(b)(5) of the Water Resources Development sponsibilities as the builder, owner, and oper- element until commitments for construction of Act of 2000 (114 Stat. 2577) is modified to author- ator of the hydropower facilities at Bluestone container handling facilities are obtained from ize the Chief of Engineers to carry out the Dam. Water flow releases and flood control from the non-Federal sponsor for a second user along project at a total cost of $222,000,000. the hydropower facilities shall be determined the Port Jersey element. SEC. 120. Section 219(f) of the Water Resources and directed by the Corps of Engineers.’’; and SEC. 112. MARMET LOCK, KANAWHA RIVER, Development Act of 1992 (Public Law 102–580; (D) by adding at the end the following: WEST VIRGINIA. Section 101(a)(31) of the Water 106 Stat. 4835), as amended by section 502(b) of ‘‘(3) COORDINATION.—Construction of the hy- Resources Development Act of 1996 (110 Stat. the Water Resources Development Act of 1999 droelectric generating facilities shall be coordi- 3666), is amended by striking ‘‘$229,581,000’’ and (Public Law 106–53) and section 108(d) of title I nated with the dam safety assurance project inserting ‘‘$358,000,000’’. of division B of the Miscellaneous Appropria- currently in the design and construction SEC. 113. TRUCKEE MEADOWS FLOOD CONTROL tions Act, 2001 (as enacted by Public Law 106– phases.’’; PROJECT, NEVADA.—The non-federal funds ex- 554; 114 Stat. 2763A–220), is further amended by (8) in subsection (e) by striking ‘‘in accord- pended for purchase of lands, easements and adding at the end the following: ance’’ and all that follows through ‘‘58 Stat. rights-of-way, implementation of project moni- ‘‘(72) ALPINE, CALIFORNIA.—$10,000,000 is au- 890)’’; toring and assessment, and construction and im- thorized for a water transmission main, Alpine, (9) in subsection (f)— plementation of recreation, ecosystem restora- CA.’’. (A) by striking ‘‘facility of the interconnected tion, and water quality improvement features, SEC. 121. (a) The Secretary of the Army may systems of reservoirs operated by the Secretary’’ including the provision of 6700 acre-feet of carry out and fund projects to comply with the each place it appears and inserting ‘‘facilities water rights no later than the effective date of 2003 Biological Opinion described in section under construction under such agreements’’; the Truckee River Operating Agreement for re- 205(b) of the Energy and Water Development and vegetation, reestablishment and maintenance of Appropriations Act, 2005 (Public Law 108–447; (B) by striking ‘‘design’’ and inserting ‘‘plan- riverine and riparian habitat of the Lower 118 Stat. 2949) as amended by subsection (b) and ning, design’’; Truckee River and Pyramid Lake, whether ex- may award grants and enter into contracts, co- (10) in subsection (f)(2)— pended prior to or after the signing of the operative agreements, or interagency agreements (A) by ‘‘Secretary’’ each place it appears and Project Cooperation Agreement (PCA), shall be with participants in the Endangered Species Act inserting ‘‘Tri-Cities Power Authority’’; and fully credited to the non-federal sponsor’s share Collaborative Program Workgroup referenced in (B) by striking ‘‘facilities referred to in sub- of costs for the project: provided, That for the section 209(a) of the Energy and Water Develop- section (a)’’ and inserting ‘‘such facilities’’; purposes of benefit-cost ratio calculations in the ment Appropriations Act, 2004 (Public Law 108– (11) by striking paragraph (1) of subsection (g) General Reevaluation Report (GRR), the Truck- 137; 117 Stat. 1850) in order to carry out such and inserting the following: ee Meadows Nevada Flood Control Project shall projects. Any project undertaken under this ‘‘(1) to arrange for the transmission of power be defined as a single unit and non-separable. subsection shall require a non-Federal cost to the market or to construct such transmission SEC. 114. WATER REALLOCATION, LAKE CUM- share of 25 percent, which may be provided facilities as necessary to market the power pro- BERLAND, KENTUCKY. (a) IN GENERAL.—Subject through in-kind services or direct cash contribu- duced at the facilities referred to in subsection to subsection (b), none of the funds made avail- tions and which shall be credited on a pro- (a) with funds contributed by the Tri-Cities able by this Act may be used to carry out any grammatic basis instead of on a project-by- Power Authority; and’’; water reallocation project or component under project basis, with reconciliation of total project (12) in subsection (g)(2) by striking ‘‘such fa- the Wolf Creek Project, Lake Cumberland, Ken- costs and total non-Federal cost share cal- cilities’’ and all that follows through ‘‘the Sec- tucky, authorized under the Act of June 28, 1938 culated on a three year incremental basis. Non- retary’’ and inserting ‘‘the generating facility’’; (52 Stat. 1215, chapter 795) and the Act of July Federal cost share that exceeds that which is re- and 24, 1946 (60 Stat. 636, chapter 595). quired in any calculated three year increment (13) by adding at the end the following: (b) EXISTING REALLOCATIONS.—Subsection (a) shall be credited to subsequent three year incre- ‘‘(i) TRI-CITIES POWER AUTHORITY DEFINED.— shall not apply to any water reallocation for ments. In this section, the ‘Tri-Cities Power Authority’ Lake Cumberland, Kentucky, that is carried out (b) Section 205(b) of Public Law 108–447 (118 refers to the entity established by the City of subject to an agreement or payment schedule in Stat. 2949) is amended by adding ‘‘and any Hinton, West Virginia, the City of White Sul- effect on the date of enactment of this Act. amendments thereto’’ after the word ‘‘2003’’. phur Springs, West Virginia, and the City of SEC. 115. Section 529(b)(3) of Public Law 106– SEC. 122. BLUESTONE, WEST VIRGINIA. Section Philippi, West Virginia, pursuant to a document 541 is amended by striking ‘‘$10,000,000’’ and in- 547 of the Water Resources Development Act of entitled ‘Second Amended and Restated Inter- serting ‘‘$20,000,000’’ in lieu thereof. 2000 (114 Stat. 2676) is amended— governmental Agreement’ approved by the At- SEC. 116. YAZOO BASIN, BIG SUNFLOWER (1) in subsection (b)(1)(A) by striking ‘‘4 torney General of West Virginia on February 14, RIVER, MISSISSIPPI.—The Yazoo Basin, Big Sun- years’’ and inserting ‘‘5 years’’; 2002.’’.

VerDate Aug 31 2005 05:05 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00120 Fmt 7634 Sfmt 6333 E:\CR\FM\A07NO7.056 H07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — HOUSE H9817

SEC. 123. (a) IN GENERAL.— cost share is then 85 percent Federal and 15 per- section 128(a), above the $36,000,000 provided for (1) After the date of enactment of this Act, the cent non-Federal. in the recommended plan for bridge construc- Secretary of the Army shall carry out the (4) CREDIT.— tion. The $30,000,000 shall not be subject to cost project for wastewater infrastructure, DeSoto (A) The Secretary shall credit the non-Federal sharing requirements with non-Federal inter- County, Mississippi, authorized by section interest for the value of any lands, easements, ests.’’. 219(f)(30) of Public Law 102–580, as amended, in rights-of-way, relocations, excavated and/or (c) CONFORMING CHANGE.—Section 128(a) of accordance with the provisions of this sub- dredged material disposal areas required for car- Public Law 108–137 (117 Stat. 1838) is modified section. rying out a project. When the cost of the provi- by deleting ‘‘above the $36,000,000 provided for (2) The non-Federal interest shall be primarily sion of all lands, easements, rights-of-way, relo- in the recommended plan for bridge construc- responsible for carrying out work on the project cations, excavated and/or dredged material dis- tion,’’ and inserting in lieu thereof the fol- referred to in paragraph (1) that is not covered posal areas exceeds the non-Federal share, as lowing: ‘‘above the sum of the $36,000,000 pro- by the Project Cooperation Agreement executed identified in paragraph (3), the non-Federal in- vided for in the recommended plan for bridge on May 13, 2002 or any amendments thereto, in- terest may waive any right under Federal cost- construction and the amount authorized to be cluding work associated with the design, con- sharing policy to receive cash reimbursement for appropriated by section 134, as amended,’’. struction, management, and administration of any such value in excess of the non-Federal (d) MAXIMUM COST OF PROJECT.—The costs the project. The non-Federal interest may carry share as identified in paragraph (3). cited in subsections (b) and (c) shall be adjusted out work on the project subject to obtaining any (B) The non-Federal interest may provide up to allow for increases pursuant to section 902 of permits required pursuant to Federal and State to 100 percent of the non-Federal share required Public Law 99–662 (100 Stat. 4183). For purposes laws and subject to general supervision and ad- under paragraph (3) in the form of services, ma- of making adjustments pursuant to this sub- ministrative oversight by the Secretary of the terials, supplies, or other in-kind contributions section, the date of authorization of the bridge Army. including monies paid pursuant to, or the value project shall be December 1, 2003. (3) The Federal share of project costs incurred of any in-kind service performed under, an ad- (e) EXPEDITED CONSTRUCTION.—The Sec- by the non-Federal interest in carrying out ministrative order on consent or jurisdictional retary, in coordination with the Secretary of the work on the project as provided for in para- consent decree but may not include any monies Interior and affected non-federal officials (in- graph (2) shall equal 75 percent of the total cost paid pursuant to, or the value of any in-kind cluding the City of Folsom, California), shall ex- of the work and shall be in the form of grants service performed under, a unilateral adminis- pedite construction of a new bridge and associ- or reimbursements, except that the total amount trative order or court order. ated roadway authorized in Public Law 108–137. of Federal funds available for the project, in- (C) The total of non-Federal credit for serv- The Secretary, to the extent practicable, may cluding that portion of the project carried out as ices, materials, supplies, or other in-kind con- construct such work in a manner that is com- provided for in paragraph (2), may not exceed tributions when combined with lands, ease- patible with the design and construction of au- $55,000,000. ments, rights-of-way, relocations, excavated thorized projects for flood damage reduction and (b) TECHNICAL AMENDMENT.—Section 6006 of and/or dredged material disposal areas shall not dam safety. The Secretary and the Secretary of the Emergency Supplemental Appropriations exceed the non-Federal share identified in para- the Interior shall expedite actions under their Act, 2005 (119 Stat. 282) is amended by striking graph (3). respective jurisdictions to facilitate timely com- ‘‘between May 13, 2002, and September 30, 2005’’ (5) OPERATION, MAINTENANCE, REPAIR, RE- pletion of construction. and inserting ‘‘after May 13, 2002’’ in lieu there- PLACEMENT AND REHABILITATION.—Operation, (f) REPORT TO CONGRESS.—The Secretary of of. maintenance, repair, replacement and rehabili- the Army, in consultation with the Secretary of SEC. 124. The project for flood control, Las tation is 100 percent non-Federal cost. the Interior and non-federal interests, shall re- Vegas Wash and Tributaries (Flamingo and (6) HOLD HARMLESS.—Non-Federal interests port to Congress within ninety days of the date Tropicana Washes), Nevada, authorized by sec- hold and save harmless the United States free of enactment of this Act, and at four-month in- tion 101(13) of Public Law 102–580 and modified from claims or damages due to implementation tervals thereafter, on the status and schedule of by Public Law 108–7 (H.J. Res. 2) Consolidated of the project except for negligence of the gov- planning, design and construction activity. Appropriations Resolution, 2003, section 107 is ernment. SEC. 129. JACKSONVILLE HARBOR, FLORIDA.— further modified to provide that the costs in- (7) AUTHORIZED APPROPRIATIONS.—There is (a) The project for navigation, Jacksonville Har- curred for design and construction of the project authorized to be appropriated to carry out this bor, Florida, authorized by section 101(a)(17) of channel crossings in the reach of the channels program $20,000,000 for each fiscal year. the Water Resources Development Act of 1999 from Shelbourne Avenue proceeding north along SEC. 126. CHESAPEAKE BAY OYSTER RESTORA- (113 Stat. 276), is modified to authorize the Sec- the alignment of Durango Drive and continuing TION, MARYLAND AND VIRGINIA.—The second retary to extend the navigation features in ac- east along the Southern Beltway to Martin Ave- sentence of section 704(b) of the Water Re- cordance with the Report of the Chief of Engi- nue shall be added to the authorized cost of the sources Development Act of 1986 (33 U.S.C. neers, dated July 22, 2003, at a total cost of project and such costs shall be cost shared and 2263(b)) is amended by striking ‘‘$20,000,000’’ $14,658,000, with an estimated Federal cost of shall not be considered part of the non-Federal and inserting ‘‘$30,000,000’’. $9,636,000 and an estimated non-Federal cost of sponsor’s responsibility to provide lands, ease- SEC. 127. The project for flood control, Little $5,022,000. ments, and rights-of-way, and to perform relo- Calumet River, Indiana, authorized by section (b) The non-Federal share of the costs of the cations for the project. 401(a) of Public Law 99–662 (100 Stat. 4115) is General Reevaluation Reports on the Jackson- SEC. 125. RESTORATION OF THE LAKE MICHI- modified to authorize the Secretary of the Army ville Harbor which were begun prior to August GAN WATERFRONT AND RELATED AREAS, LAKE to complete the project in accordance with the 2004, shall be consistent with the non-Federal AND PORTER COUNTIES, INDIANA.—The Secretary post authorization change report dated August costs in implementing the overall construction of the Army, acting through the Chief of Engi- 2000 at a total cost of $198,000,000 with an esti- project. neers is authorized and directed to carry out a mated Federal cost of $148,500,000 and an esti- SEC. 130. Section 594(g) of the Water Re- continuing program for the restoration of the mated non-Federal cost of $49,500,000. sources Development Act of 1999 (113 Stat. 383) Lake Michigan Waterfront and Related Areas, SEC. 128. AMERICAN RIVER WATERSHED, CALI- is amended by striking ‘‘$60,000,000’’ and insert- Lake and Porter Counties, Indiana. FORNIA (FOLSOM DAM AND PERMANENT ing ‘‘$240,000,000’’. (1) DEFINITIONS.— SEC. 131. ONONDAGA LAKE, NEW YORK.—Sec- BRIDGE).—(a) COORDINATION OF FLOOD DAMAGE (A) Related areas are defined as adjacent or tion 573 of the Water Resources Development REDUCTION AND DAM SAFETY.—The Secretary of close sites that have an impact or influence on the Army and the Secretary of the Interior are Act of 1999 (113 Stat. 372) is amended— the waterfront areas or aquatic habitat. (1) in subsection (f) by striking ‘‘$10,000,000’’ directed to collaborate on authorized activities (B) Restore is defined as— and inserting ‘‘$30,000,000’’; to maximize flood damage reduction improve- (i) activities that improve a site’s ecosystem (2) by redesignating subsections (f) and (g) as ments and address dam safety needs at Folsom function, structure, and dynamic processes to a subsections (g) and (h), respectively; and Dam and Reservoir, California. The Secretaries less degraded and more natural condition, and/ (3) by inserting after subsection (e) the fol- shall expedite technical reviews for flood dam- or lowing: age reduction and dam safety improvements. In (ii) the management of contaminants that ‘‘(f) NONPROFIT ENTITIES.—Notwithstanding allow the site to be safely used for ecological developing improvements under this section, the section 221(b) of the Flood Control Act of 1970 and/or economic purposes. Secretaries shall consider reasonable modifica- (42 U.S.C. 1962d–5b(b)), for any project carried (2) JUSTIFICATION.—Projects can be justified tions to existing authorized activities, including out under this section, a non-Federal interest by ecosystem benefits, clean-up of contaminated a potential auxiliary spillway. In conducting may include a nonprofit entity, with the con- sites, public health, safety, economic benefits or such activities, the Secretaries are authorized to sent of the affected local government.’’. any combination of these. Sites restored for eco- expend funds for coordinated technical reviews SEC. 132. WHITE RIVER BASIN, ARKANSAS.—(a) nomic purposes can be redeveloped by others. and joint planning, and preliminary design ac- MINIMUM FLOWS.— Restoration sites may include compatible recre- tivities. (1) IN GENERAL.—The Secretary is authorized ation facilities that do not diminish the restora- (b) SECRETARY’S ROLE.—Section 134 of Public and directed to implement alternatives BS–3 and tion purpose and do not increase the Federal Law 108–137 (117 Stat. 1842) is modified to read NF–7, as described in the White River Minimum cost share by more than 10 percent. as follows: Flows Reallocation Study Report, Arkansas and (3) COST SHARING.—The construction of ‘‘SEC. 134. BRIDGE AUTHORIZATION. Missouri, dated July 2004. projects are cost shared at 65 percent Federal ‘‘There is authorized to be appropriated to the (2) COST SHARING AND ALLOCATION.—Realloca- and 35 percent non-Federal except when there is Secretary of the Army $30,000,000 for the con- tion of storage and planning, design and con- a demonstration of innovative technology. The struction of the permanent bridge described in struction of White River Minimum Flows project

VerDate Aug 31 2005 05:05 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00121 Fmt 7634 Sfmt 6333 E:\CR\FM\A07NO7.059 H07NOPT1 H9818 CONGRESSIONAL RECORD — HOUSE November 7, 2005

facilities shall be considered fish and wildlife (2) FEDERAL INTEREST IN LAND.—An easement (c) COMPARABLE PROPERTY.—Not later than 6 enhancement that provides national benefits for placement of dredged materials over an area months after the date of enactment of this Act, and shall be a Federal expense in accordance in Cameron Parish, Louisiana, known as por- the City of Arlington, Texas, shall identify with section 906(e) of the Water Resources De- tions of Government Tract Numbers 139E–2 and lands, acceptable to the Secretary of the Army, velopment Act of 1986 (33 U.S.C. 2283(e)). The 48 (both tracts on the west shore of the amounting to not less than 90 acres within the non-Federal interests shall provide relocations Calcasieu Ship Channel), and other tracts City, where an ecosystem restoration project or modifications to public and private lakeside known as Corps of Engineers Dredge Material may be constructed to provide the same or great- facilities at Bull Shoals Lake and Norfork Lake Placement Area O. er level of National ecosystem restoration bene- to allow reasonable continued use of the facili- (c) CONDITIONS.—The exchange of real prop- fits as the land described in subsection (a)(1). ties with the storage reallocation as determined erty under paragraph (1) shall be subject to the SEC. 135. Funds made available in Public Law by the Secretary in consultation with the non- following conditions: 105–62 and Public Law 105–245 for Hudson Federal interests. Operations and maintenance (1) DEEDS.— River, Athens, New York, shall be available for costs of the White River Minimum Flows project (A) NON-FEDERAL LAND.—The conveyance of projects in the Catskill/Delaware watersheds in facilities shall be 100 percent Federal. All Fed- the real property described in paragraph (b)(1) Delaware and Greene Counties, New York, eral costs for the White River Minimum Flows to the Secretary shall be by a warranty deed ac- under the authority of the New York City Wa- project shall be considered non-reimbursable. ceptable to the Secretary. tershed Environmental Assistance Program. EDERAL LAND (3) IMPACTS ON NON-FEDERAL PROJECT.—The (B) F .—The conveyance of the SEC. 136. None of the funds contained in title Administrator of Southwestern Power Adminis- real property described in paragraph (b)(2) to I of this Act shall be available to permanently tration, in consultation with the project licensee Pujo Heirs and Westland Corporation shall be reassign or to temporarily reassign in excess of and the relevant state public utility commis- by a quitclaim deed. 180 days personnel from the Charleston, South (2) TIME LIMIT FOR EXCHANGE.—The land ex- sions, shall determine any impacts on electric Carolina district office: Provided, That this limi- change under paragraph (a) shall be completed energy and capacity generated at Federal En- tation shall not apply to voluntary change of not later than six months after the date of en- ergy Regulatory Commission Project No. 2221 station. actment of this Act. caused by the storage reallocation at Bull SEC. 137. The Secretary of the Army, acting (3) INCREMENTAL COSTS.—As determined by Shoals Lake, based on data and recommenda- the Secretary, incremental costs to the Lake through the Chief of Engineers, is hereby au- tions provided by the relevant state public util- Charles Harbor and Terminal District associated thorized and directed to design and construct ity commissions. The licensee of Project No. 2221 with the preparation of the area and the place- until hereafter completed, the recreation and ac- shall be fully compensated by the Corps of Engi- ment of dredge material in the new disposal cess features designated as Phase II of the Lou- neers for those impacts on the basis of the easement area, paragraph (b)(1), including, site isville Waterfront Park, Kentucky, as described present value of the estimated future lifetime re- preparation costs, associated testing, permitting, in the Louisville Waterfront Park, Phases II placement costs of the electrical energy and ca- mitigation and diking costs associated with such and III, Detailed Project Report, by the Louis- pacity at the time of implementation of the new disposal easement over the costs that would ville District of the Corps of Engineers dated White River Minimum Flows project. Such costs have been incurred in the placement of dredge May 2002. The project shall be cost shared 50 shall be included in the costs of implementing material in the old disposal easement area, percent Federal and 50 percent non-Federal. the White River Minimum Flows project and al- paragraph (b)(2) (comprising all of Corps of En- The cost of project work undertaken by the non- located in accordance with subsection (a)(2) gineers Dredge Material Placement Area O) up Federal interests, including but not limited to above. prior planning, design, and construction, shall (4) OFFSET.—In carrying out this subsection, to the disposal capacity equivalent of the prop- erty described in paragraph (b)(2), shall be made be credited toward the non-Federal share of losses to the Federal hydropower purpose of the project design and construction costs. Bull Shoals and Norfork Projects shall be offset available by the Owners. Owners shall make ap- propriated guarantees, as agreed to by the Sec- SEC. 138. AKUTAN, ALASKA.—(a) IN GEN- by a reduction in the costs allocated to the Fed- ERAL.—The Secretary of the Army is authorized eral hydropower purpose. Such reduction shall retary, that funds will be available as needed to cover such incremental costs. The Lake Charles to carry out the project for navigation, Akutan, be determined by the Administrator of the Alaska, substantially in accordance with the Southwestern Power Administration on the Harbor and Terminal District, as local sponsor for the Calcasieu Ship Channel Project, shall plans, and subject to the conditions, described basis of the present value of the estimated fu- in the Report of the Chief of Engineers dated ture lifetime replacement cost of the electrical not be assessed or caused to incur any costs arising out of, associated with or as a con- December 20, 2004, at a total cost of $19,700,000. energy and capacity at the time of implementa- (b) TREATMENT OF CERTAIN DREDGING.—The tion of the White River Minimum Flows project. sequence of the land exchange authorized under paragraph (a). headlands dredging for the mooring basin shall (b) FISH HATCHERY.—In constructing, oper- be considered a general navigation feature for ating, and maintaining the fish hatchery at (d) VALUE OF PROPERTIES.—If the appraised purposes of estimating the non-Federal share of Beaver Lake, Arkansas, authorized by section fair market value, as determined by the Sec- the cost of the project. 105 of the Water Resources Development Act of retary, of the real property conveyed to Pujo Heirs and Westland Corporation by the Sec- SEC. 139. (a) IN GENERAL.—The project for the 1976 (90 Stat. 2921), losses to the Federal hydro- beneficial use of dredged material at Poplar Is- power purpose of the Beaver Lake Project shall retary under paragraph (a) exceeds the ap- praised fair market value, as determined by the land, Maryland, authorized by section 537 of be offset by a reduction in the costs allocated to the Water Resources Development Act of 1996 the Federal hydropower purpose. Such reduc- Secretary, of the real property conveyed to the United States by Pujo Heirs and Westland Cor- (110 Stat. 3776) shall be known as and des- tion shall be determined by the Administrator of ignated as the ‘‘Paul S. Sarbanes Ecosystem the Southwestern Power Administration based poration under paragraph (a), Pujo Heirs and Restoration Project at Poplar Island’’. on the present value of the estimated future life- Westland Corporation shall make a payment to the United States equal to the excess in cash or (b) REFERENCE.—Any reference in a law, map, time replacement cost of the electrical energy regulation, document, paper or other record of and capacity at the time operation of the hatch- a cash equivalent that is satisfactory to the Sec- retary. the United States (including reference by the ery begins. Corps of Engineers) to the project referred to in (c) REPEAL.—Section 374 of the Water Re- SEC. 134. PROJECT MODIFICATION.—(a) IN subsection (a) shall be deemed to be a reference sources Development Act of 1999 (113 Stat. 321) GENERAL.—The project for flood damage reduc- to the ‘‘Paul S. Sarbanes Ecosystem Restoration and section 304 of the Water Resources Develop- tion, environmental restoration, recreation, Project at Poplar Island’’. ment Act of 2000 (Public Law 106–541) are re- Johnson Creek, Arlington, Texas, authorized by (c) EFFECTIVE DATE.—The project designation pealed. section 101(b)(14) of the Water Resources Devel- in this section shall become effective on January CALCASIEU SHIP CHANNEL, LOUISIANA.— opment Act of 1999 (113 Stat. 280–281) is modi- (a) IN GENERAL.—At such time as Pujo Heirs fied— 4, 2007. and Westland Corporation convey all right, (1) to deauthorize the ecosystem restoration TITLE II title, and interest in and to the real property de- portion of the project that consists of approxi- DEPARTMENT OF THE INTERIOR scribed in paragraph (b)(1) to the United States, mately 90 acres of land located between Randol CENTRAL UTAH PROJECT Mill and the Union Pacific East/West line; and the Secretary shall convey all right, title, and CENTRAL UTAH PROJECT COMPLETION ACCOUNT interest of the United States in and to the real (2) to authorize the Secretary of the Army to design and construct an ecosystem restoration For carrying out activities authorized by the property described in paragraph (b)(2) to Pujo Central Utah Project Completion Act, Heirs and Westland Corporation. project on lands identified in subsection (c) that $32,614,000, to remain available until expended, (b) LAND DESCRIPTION.—The parcels of land will provide the same or greater level of national referred to in paragraph (a) are the following: ecosystem restoration benefits as the portion of of which $946,000 shall be deposited into the (1) NON-FEDERAL INTEREST IN LAND.—An ease- the project described in paragraph (1). Utah Reclamation Mitigation and Conservation ment for placement of dredged materials over a (b) CREDIT TOWARD FEDERAL SHARE.—The Account for use by the Utah Reclamation Miti- contiguous equivalent area to the real property Secretary of the Army shall credit toward the gation and Conservation Commission. described in subparagraph (2). The parcels on Federal share of the cost of the modified project In addition, for necessary expenses incurred which such an easement may be exchanged is the costs incurred by the Secretary to carry out in carrying out related responsibilities of the all of the area within the diked or confined the project as originally authorized under sec- Secretary of the Interior, $1,736,000, to remain boundaries of the Corps of Engineers Dredge tion 101(b)(14) of the Water Resources Develop- available until expended. Material Placement Area M comprising Tract ment Act of 1999 (113 Stat. 280). The non-Fed- BUREAU OF RECLAMATION 128E, Tract 129E, Tract 131E, Tract 41A, Tract eral interest shall not be responsible for reim- The following appropriations shall be ex- 42, Tract 132E, Tract 130E, Tract 134E, Tract bursing the Secretary for any amount credited pended to execute authorized functions of the 133E–3, Tract 140E, or some combination thereof. under this subsection. Bureau of Reclamation:

VerDate Aug 31 2005 05:05 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00122 Fmt 7634 Sfmt 6333 E:\CR\FM\A07NO7.079 H07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — HOUSE H9819

WATER AND RELATED RESOURCES wide management and oversight activities shall acceptance by the Secretary of the remaining (INCLUDING TRANSFER OF FUNDS) be subject to the approval of the Secretary of the stages, including approval of the quality of con- For management, development, and restora- Interior: Provided further, That CALFED imple- struction, measures to protect the public health tion of water and related natural resources and mentation shall be carried out in a balanced and safety, and procedures for protection of for related activities, including the operation, manner with clear performance measures dem- such stages; (5) the rights, responsibilities, and maintenance, and rehabilitation of reclamation onstrating concurrent progress in achieving the liabilities of each party to the agreement; and and other facilities, participation in fulfilling goals and objectives of the Program: Provided (6) the term of the agreement.’’. related Federal responsibilities to Native Ameri- further, That $500,000 shall be transferred to the (b) Section 2(b) of the Lower Colorado Water cans, and related grants to, and cooperative and Army Corps of Engineers to carry out the report Supply Act (Public Law 99–655) is amended by other agreements with, State and local govern- on levee stability reconstruction projects and adding at the end the following: ‘‘Subject to the ments, Indian tribes, and others, $883,514,000, to priorities authorized under section 103(f)(3) of demand of such users along or adjacent to the remain available until expended, of which Public Law 108–361. Colorado River for Project water, the Secretary $59,544,000 shall be available for transfer to the POLICY AND ADMINISTRATION is further authorized to contract with additional Upper Colorado River Basin Fund and For necessary expenses of policy, administra- persons or entities who hold Boulder Canyon $21,998,000 shall be available for transfer to the tion, and related functions in the office of the Project Act section 5 contracts for municipal Lower Colorado River Basin Development Fund; Commissioner, the Denver office, and offices in and industrial uses within the State of Cali- of which such amounts as may be necessary the five regions of the Bureau of Reclamation, fornia for the use or benefit of Project water may be advanced to the Colorado River Dam to remain available until expended, $57,917,000, under such terms as the Secretary determines Fund; of which not more than $500,000 is for to be derived from the Reclamation Fund and be will benefit the interest of Project users along high priority projects which shall be carried out nonreimbursable as provided in 43 U.S.C. 377: the Colorado River.’’. by the Youth Conservation Corps, as authorized Provided, That no part of any other appropria- SEC. 204. Funds under this title for Drought by 16 U.S.C. 1706: Provided, That such transfers tion in this Act shall be available for activities Emergency Assistance shall be made available may be increased or decreased within the overall or functions budgeted as policy and administra- primarily for leasing of water for specified appropriation under this heading: Provided fur- tion expenses. drought related purposes from willing lessors, in ther, That of the total appropriated, the amount ADMINISTRATIVE PROVISION compliance with existing State laws and admin- for program activities that can be financed by Appropriations for the Bureau of Reclamation istered under State water priority allocation. the Reclamation Fund or the Bureau of Rec- shall be available for purchase of not to exceed Such leases may be entered into with an option lamation special fee account established by 16 14 passenger motor vehicles, of which 11 are for to purchase: Provided, That such purchase is U.S.C. 460l–6a(i) shall be derived from that replacement only. approved by the State in which the purchase takes place and the purchase does not cause Fund or account: Provided further, That funds GENERAL PROVISIONS, DEPARTMENT OF THE economic harm within the State in which the contributed under 43 U.S.C. 395 are available INTERIOR until expended for the purposes for which con- purchase is made. SEC. 201. (a) None of the funds appropriated tributed: Provided further, That funds advanced SEC. 205. The Secretary of the Interior, acting or otherwise made available by this Act may be under 43 U.S.C. 397a shall be credited to this ac- through the Commissioner of the Bureau of Rec- used to determine the final point of discharge count and are available until expended for the lamation, is authorized to enter into grants, co- for the interceptor drain for the San Luis Unit same purposes as the sums appropriated under operative agreements, and other agreements until development by the Secretary of the Inte- this heading: Provided further, That funds with irrigation or water districts and States to rior and the State of California of a plan, which available for expenditure for the Departmental fund up to 50 percent of the cost of planning, shall conform to the water quality standards of Irrigation Drainage Program may be expended designing, and constructing improvements that the State of California as approved by the Ad- by the Bureau of Reclamation for site remedi- will conserve water, increase water use effi- ministrator of the Environmental Protection ation on a non-reimbursable basis: Provided fur- ciency, or enhance water management through Agency, to minimize any detrimental effect of ther, That $500,000 of the funds provided herein measurement or automation, at existing water the San Luis drainage waters. supply projects within the States identified in shall be used on a non-reimbursible basis to (b) The costs of the Kesterson Reservoir fund the collection of technical and environ- the Act of June 17, 1902, as amended, and sup- Cleanup Program and the costs of the San Joa- plemented: Provided, That when such improve- mental data to be used to evaluate potential re- quin Valley Drainage Program shall be classi- habilitation of the St. Mary Storage Unit facili- ments are to federally owned facilities, such fied by the Secretary of the Interior as reimburs- funds may be provided in advance on a non-re- ties, Milk River Project, Montana, and that able or nonreimbursable and collected until Reclamation shall enter into cooperative agree- imbursable basis to an entity operating affected fully repaid pursuant to the ‘‘Cleanup Program- transferred works or may be deemed non-reim- ments with the State of Montana or the Black- Alternative Repayment Plan’’ and the ‘‘SJVDP- feet Tribe to carry out such work if the Sec- bursable for non-transferred works: Provided Alternative Repayment Plan’’ described in the further, That the calculation of the non-Federal retary determines such agreements would be report entitled ‘‘Repayment Report, Kesterson cost-effective and efficient. contribution shall provide for consideration of Reservoir Cleanup Program and San Joaquin the value of any in-kind contributions, but shall CENTRAL VALLEY PROJECT RESTORATION FUND Valley Drainage Program, February 1995’’, pre- For carrying out the programs, projects, not include funds received from other Federal pared by the Department of the Interior, Bureau agencies: Provided further, That the cost of op- plans, and habitat restoration, improvement, of Reclamation. Any future obligations of funds and acquisition provisions of the Central Valley erating and maintaining such improvements by the United States relating to, or providing shall be the responsibility of the non-Federal Project Improvement Act, $52,219,000, to be de- for, drainage service or drainage studies for the rived from such sums as may be collected in the entity: Provided further, That this section shall San Luis Unit shall be fully reimbursable by not supercede any existing project-specific fund- Central Valley Project Restoration Fund pursu- San Luis Unit beneficiaries of such service or ant to sections 3407(d), 3404(c)(3), 3405(f), and ing authority: Provided further, That the Sec- studies pursuant to Federal reclamation law. retary is also authorized to enter into grants or 3406(c)(1) of Public Law 102–575, to remain SEC. 202. None of the funds appropriated or available until expended: Provided, That the cooperative agreements with universities or non- otherwise made available by this or any other profit research institutions to fund water use ef- Bureau of Reclamation is directed to assess and Act may be used to pay the salaries and ex- collect the full amount of the additional mitiga- ficiency research. penses of personnel to purchase or lease water SEC. 206. WATER DESALINATION ACT.—Section tion and restoration payments authorized by in the Middle Rio Grande or the Carlsbad 8 of Public Law 104–298 (The Water Desalina- section 3407(d) of Public Law 102–575: Provided Projects in New Mexico unless said purchase or tion Act of 1996) (110 Stat. 3624) as amended by further, That none of the funds made available lease is in compliance with the purchase re- section 210 of Public Law 108–7 (117 Stat. 146) under this heading may be used for the acquisi- quirements of section 202 of Public Law 106–60. and by section 6015 of Public Law 109–13 is tion or leasing of water for in-stream purposes if SEC. 203. (a) Section 1(a) of the Lower Colo- amended by— the water is already committed to in-stream pur- rado Water Supply Act (Public Law 99–655) is (1) in paragraph (a) by striking ‘‘2005’’ and poses by a court adopted decree or order. amended by adding at the end the following: inserting in lieu thereof ‘‘2006’’; and CALIFORNIA BAY-DELTA RESTORATION ‘‘The Secretary is authorized to enter into an (2) in paragraph (b) by striking ‘‘2005’’ and (INCLUDING TRANSFER OF FUNDS) agreement or agreements with the city of Nee- inserting in lieu thereof ‘‘2006’’. For carrying out activities authorized by the dles or the Imperial Irrigation District for the SEC. 207. Section 17(b) of the Colorado Ute In- Water Supply, Reliability, and Environmental design and construction of the remaining stages dian Water Rights Settlement Act of 1988 as Improvement Act, consistent with plans to be of the Lower Colorado Water Supply Project on amended (Public Law 100–585, 102 Stat. 2973; approved by the Secretary of the Interior, or after November 1, 2004, and the Secretary Public Law 106–554, 114 Stat. 2763A–266) is $37,000,000, to remain available until expended, shall ensure that any such agreement or agree- amended by striking ‘‘within 7 years’’ and all of which such amounts as may be necessary to ments include provisions setting forth: (1) the that follows through ‘‘following the date of en- carry out such activities may be transferred to responsibilities of the parties to the agreement actment of this section’’ and inserting ‘‘for each appropriate accounts of other participating Fed- for design and construction; (2) the locations of of fiscal years 2006 through 2012’’. eral agencies to carry out authorized purposes: the remaining wells, discharge pipelines, and SEC. 208. (a)(1) Using amounts made available Provided, That funds appropriated herein may power transmission lines; (3) the remaining de- under section 2507 of the Farm and Security be used for the Federal share of the costs of sign capacity of up to 5,000 acre-feet per year Rural Investment Act of 2002 (43 U.S.C. 2211 CALFED Program management: Provided fur- which is the authorized capacity less the design note; Public Law 107–171), the Secretary shall ther, That the use of any funds provided to the capacity of the first stage constructed; (4) the provide not more than $70,000,000 to the Univer- California Bay-Delta Authority for program- procedures and requirements for approval and sity of Nevada—

VerDate Aug 31 2005 05:05 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00123 Fmt 7634 Sfmt 6333 E:\CR\FM\A07NO7.081 H07NOPT1 H9820 CONGRESSIONAL RECORD — HOUSE November 7, 2005 (A) to acquire from willing sellers land, water completing this update shall be non-reimburs- for future coal-related research, development appurtenant to the land, and related interests able. and demonstration projects: Provided further, in the Walker River Basin, Nevada; and TITLE III That any technology selected under this pro- (B) to establish and administer an agricul- gram shall be considered a Clean Coal Tech- DEPARTMENT OF ENERGY tural and natural resources center, the mission nology, and any project selected under this pro- of which shall be to undertake research, restora- ENERGY PROGRAMS gram shall be considered a Clean Coal Tech- tion, and educational activities in the Walker ENERGY SUPPLY AND CONSERVATION nology Project, for the purposes of 42 U.S.C. River Basin relating to— For Department of Energy expenses including 7651n, and chapters 51, 52, and 60 of title 40 of (i) innovative agricultural water conservation; the purchase, construction, and acquisition of the Code of Federal Regulations: Provided fur- (ii) cooperative programs for environmental plant and capital equipment, and other ex- ther, That no part of the sum herein made restoration; penses necessary for energy supply and energy available shall be used for the field testing of (iii) fish and wildlife habitat restoration; and conservation activities in carrying out the pur- nuclear explosives in the recovery of oil and gas: (iv) wild horse and burro research and adop- Provided further, That up to 4 percent of pro- tion marketing. poses of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acqui- gram direction funds available to the National (2) In acquiring interests under paragraph Energy Technology Laboratory may be used to (1)(A), the University of Nevada shall make ac- sition or condemnation of any real property or any facility or for plant or facility acquisition, support Department of Energy activities not in- quisitions that the University determines are the cluded in this account: Provided further, That most beneficial to— construction, or expansion, $1,830,936,000, to re- main available until expended. for fiscal year 2006 salaries for Federal employ- (A) the establishment and operation of the ag- ees performing research and development activi- ricultural and natural resources research center CLEAN COAL TECHNOLOGY ties at the National Energy Technology Labora- authorized under paragraph (1)(B); and (DEFERRAL AND RESCISSION) tory can continue to be funded from program (B) environmental restoration in the Walker Of the funds made available under this head- accounts: Provided further, That the Secretary River Basin. ing for obligation in prior years, $257,000,000 of Energy is authorized to accept fees and con- (b)(1) Using amounts made available under shall not be available until October 1, 2006: Pro- tributions from public and private sources, to be section 2507 of the Farm and Security Rural In- vided, That funds made available in previous deposited in a contributed funds account, and vestment Act of 2002 (43 U.S.C. 2211 note; Public appropriations Acts shall be made available for prosecute projects using such fees and contribu- Law 107–171), the Secretary shall provide not any ongoing project regardless of the separate tions in cooperation with other Federal, State, more than $10,000,000 for a water lease and pur- request for proposal under which the project or private agencies or concerns: Provided fur- chase program for the Walker River Paiute was selected: Provided further, That $20,000,000 ther, That revenues and other moneys received Tribe. of uncommitted balances is rescinded. by or for the account of the Department of En- (2) Water acquired under paragraph (1) shall ergy or otherwise generated by sale of products be— FOSSIL ENERGY RESEARCH AND DEVELOPMENT in connection with projects of the Department (A) acquired only from willing sellers; For necessary expenses in carrying out fossil appropriated under the Fossil Energy Research (B) designed to maximize water conveyances energy research and development activities, and Development account may be retained by to Walker Lake; and under the authority of the Department of En- the Secretary of Energy, to be available until ex- (C) located only within the Walker River Pai- ergy Organization Act (Public Law 95–91), in- pended, and used only for plant construction, ute Indian Reservation. cluding the acquisition of interest, including de- operation, costs, and payments to cost-sharing (c) Using amounts made available under sec- feasible and equitable interests in any real prop- entities as provided in appropriate cost-sharing tion 2507 of the Farm and Security Rural Invest- erty or any facility or for plant or facility acqui- contracts or agreements. ment Act of 2002 (43 U.S.C. 2211 note; Public sition or expansion, the hire of passenger motor Law 107–171), the Secretary, acting through the vehicles, the hire, maintenance, and operation NAVAL PETROLEUM AND OIL SHALE RESERVES Commissioner of Reclamation, shall provide— of aircraft, the purchase, repair, and cleaning For expenses necessary to carry out naval pe- (1) $10,000,000 for tamarisk eradication, ripar- of uniforms, the reimbursement to the General troleum and oil shale reserve activities, includ- ian area restoration, and channel restoration ef- Services Administration for security guard serv- ing the hire of passenger motor vehicles, forts within the Walker River Basin that are de- ices, and for conducting inquiries, technological $21,500,000, to remain available until expended: signed to enhance water delivery to Walker investigations and research concerning the ex- Provided, That, notwithstanding any other pro- Lake, with priority given to activities that are traction, processing, use, and disposal of min- vision of law, unobligated funds remaining from expected to result in the greatest increased eral substances without objectionable social and prior years shall be available for all naval petro- water flows to Walker Lake; and environmental costs (30 U.S.C. 3, 1602, and leum and oil shale reserve activities. (2) $5,000,000 to the United States Fish and 1603), $597,994,000, to remain available until ex- ELK HILLS SCHOOL LANDS FUND Wildlife Service, the Walker River Paiute Tribe, pended, of which $18,000,000 is to continue a For necessary expenses in fulfilling install- and the Nevada Division of Wildlife to under- multi-year project coordinated with the private ment payments under the Settlement Agreement take activities, to be coordinated by the Director sector for FutureGen, without regard to the entered into by the United States and the State of the United States Fish and Wildlife Service, terms and conditions applicable to clean coal of California on October 11, 1996, as authorized to complete the design and implementation of technological projects: Provided, That the initial by section 3415 of Public Law 104–106, the Western Inland Trout Initiative and Fishery planning and research stages of the FutureGen $48,000,000, for payment to the State of Cali- Improvements in the State of Nevada with an project shall include a matching requirement fornia for the State Teachers’ Retirement Fund, emphasis on the Walker River Basin. from non-Federal sources of at least 20 percent (d) For each day after June 30, 2006, on which of which $46,000,000 will be derived from the Elk of the costs: Provided further, That any dem- the Bureau of Reclamation fails to comply with Hills School Lands Fund. onstration component of such project shall re- subsections (a), (b), and (c), the total amount STRATEGIC PETROLEUM RESERVE quire a matching requirement from non-Federal made available for salaries and expenses of the For necessary expenses for Strategic Petro- sources of at least 50 percent of the costs of the Bureau of Reclamation shall be reduced by leum Reserve facility development and oper- component: Provided further, That of the $100,000 per day. ations and program management activities pur- amounts provided, $50,000,000 is available, after SEC. 209. (a). The Secretary of the Interior is suant to the Energy Policy and Conservation authorized to complete a special report to up- coordination with the private sector, for a re- Act of 1975, as amended (42 U.S.C. 6333 et seq.), date the analysis of costs and associated bene- quest for proposals for a Clean Coal Power Ini- including the hire of passenger motor vehicles, fits of the Auburn-Folsom South Unit, Central tiative providing for competitively-awarded re- the hire, maintenance, and operation of air- Valley Project, California authorized under search, development, and demonstration projects craft, the purchase, repair, and cleaning of uni- Federal reclamation laws and the Act of Sep- to reduce the barriers to continued and ex- forms, the reimbursement to the General Services tember 2, 1965, P.L. 89–161, 79 Stat. 615 in order panded coal use: Provided further, That no Administration for security guard services, to— project may be selected for which sufficient $166,000,000, to remain available until expended. funding is not available to provide for the total (1) identify those project features that are still ENERGY INFORMATION ADMINISTRATION project: Provided further, That funds shall be relevant; For necessary expenses in carrying out the ac- (2) identify changes in benefit values from expended in accordance with the provisions gov- erning the use of funds contained under the tivities of the Energy Information Administra- previous analyses and update to current levels; tion, $86,176,000, to remain available until ex- (3) identify design standard changes from the heading ‘‘Clean Coal Technology’’ in 42 U.S.C. pended. 1978 Reclamation design which require updated 5903d as well as those contained under the project engineering; heading ‘‘Clean Coal Technology’’ in prior ap- NON-DEFENSE ENVIRONMENTAL CLEANUP (4) assess risks and uncertainties associated propriations: Provided further, That the De- For Department of Energy expenses, including with the 1978 Reclamation design; partment may include provisions for repayment the purchase, construction, and acquisition of (5) update design and reconnaissance-level of Government contributions to individual plant and capital equipment and other expenses cost estimate for features identified under para- projects in an amount up to the Government necessary for non-defense environmental clean- graph (1); and contribution to the project on terms and condi- up activities in carrying out the purposes of the (6) perform other analyses that the Secretary tions that are acceptable to the Department in- Department of Energy Organization Act (42 deems appropriate to assist in the determination cluding repayments from sale and licensing of U.S.C. 7101 et seq.), including the acquisition or of whether a full feasibility study is warranted. technologies from both domestic and foreign condemnation of any real property or any facil- (b). There are authorized to be appropriated transactions: Provided further, That such re- ity or for plant or facility acquisition, construc- $1,000,000 to carry out this section. The cost of payments shall be retained by the Department tion, or expansion, and the purchase of not to

VerDate Aug 31 2005 05:05 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00124 Fmt 7634 Sfmt 6333 E:\CR\FM\A07NO7.083 H07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — HOUSE H9821 exceed six passenger motor vehicles, of which tive action on any matter pending before Con- program at Building 3019 that fully complies five shall be for replacement only, $353,219,000, gress or a State legislature or for lobbying activ- with the Department’s Design Basis Threat re- to remain available until expended. ity as provided in 18 U.S.C. 1913; (2) used for quirements for new, continuing operations. URANIUM ENRICHMENT DECONTAMINATION AND litigation expenses; or (3) used to support multi- OFFICE OF THE INSPECTOR GENERAL State efforts or other coalition building activi- DECOMMISSIONING FUND For necessary expenses of the Office of the In- ties inconsistent with the restrictions contained For necessary expenses in carrying out ura- spector General in carrying out the provisions of in this Act: Provided further, That all proceeds nium enrichment facility decontamination and the Inspector General Act of 1978, as amended, and recoveries realized by the Secretary in car- decommissioning, remedial actions, and other $42,000,000, to remain available until expended. rying out activities authorized by the Act, in- activities of title II of the Atomic Energy Act of ATOMIC ENERGY DEFENSE ACTIVITIES 1954, as amended, and title X, subtitle A, of the cluding but not limited to, any proceeds from Energy Policy Act of 1992, $562,228,000, to be de- the sale of assets, shall be available without fur- NATIONAL NUCLEAR SECURITY ADMINISTRATION rived from the Fund, to remain available until ther appropriation and shall remain available WEAPONS ACTIVITIES until expended: Provided further, That no funds expended, of which $20,000,000 shall be available For Department of Energy expenses, including provided in this Act may be used to pursue re- in accordance with title X, subtitle A, of the En- the purchase, construction, and acquisition of payment or collection of funds provided in any ergy Policy Act of 1992. plant and capital equipment and other inci- fiscal year to affected units of local government dental expenses necessary for atomic energy de- SCIENCE for oversight activities that had been previously fense weapons activities in carrying out the pur- For Department of Energy expenses including approved by the Department of Energy, or to poses of the Department of Energy Organization the purchase, construction and acquisition of withhold payment of any such funds. plant and capital equipment, and other ex- Act (42 U.S.C. 7101 et seq.), including the acqui- DEPARTMENTAL ADMINISTRATION penses necessary for science activities in car- sition or condemnation of any real property or rying out the purposes of the Department of En- For salaries and expenses of the Department any facility or for plant or facility acquisition, ergy Organization Act (42 U.S.C. 7101 et seq.), of Energy necessary for departmental adminis- construction, or expansion; and the purchase of including the acquisition or condemnation of tration in carrying out the purposes of the De- not to exceed 40 passenger motor vehicles, for re- any real property or facility or for plant or fa- partment of Energy Organization Act (42 U.S.C. placement only, including not to exceed two cility acquisition, construction, or expansion, 7101 et seq.), including the hire of passenger buses; $6,433,936,000, to remain available until and purchase of not to exceed forty-seven pas- motor vehicles and official reception and rep- expended: Provided, That $81,350,000 is author- senger motor vehicles for replacement only, in- resentation expenses not to exceed $35,000, ized to be appropriated for Project 01–D–124 cluding not to exceed one ambulance and two $252,817,000, to remain available until expended, HEU materials facility, Y–12 Plant, Oak Ridge, buses, $3,632,718,000, to remain available until plus such additional amounts as necessary to Tennessee: Provided further, That $7,000,000 is expended. cover increases in the estimated amount of cost authorized to be appropriated for Project 05–D– of work for others notwithstanding the provi- 140 Project engineering and design (PED), var- NUCLEAR WASTE DISPOSAL sions of the Anti-Deficiency Act (31 U.S.C. 1511 ious locations. For nuclear waste disposal activities to carry et seq.): Provided, That such increases in cost of DEFENSE NUCLEAR NONPROLIFERATION out the purposes of the Nuclear Waste Policy work are offset by revenue increases of the same Act of 1982, Public Law 97–425, as amended (the or greater amount, to remain available until ex- For Department of Energy expenses, including ‘‘Act’’), including the acquisition of real prop- pended: Provided further, That moneys received the purchase, construction, and acquisition of erty or facility construction or expansion, by the Department for miscellaneous revenues plant and capital equipment and other inci- $150,000,000, to remain available until expended, estimated to total $123,000,000 in fiscal year 2006 dental expenses necessary for atomic energy de- of which $100,000,000 shall be derived from the may be retained and used for operating expenses fense, defense nuclear nonproliferation activi- Nuclear Waste Fund: Provided, That of the within this account, and may remain available ties, in carrying out the purposes of the Depart- funds made available in this Act for Nuclear until expended, as authorized by section 201 of ment of Energy Organization Act (42 U.S.C. 7101 Waste Disposal, $2,000,000 shall be provided to Public Law 95–238, notwithstanding the provi- et seq.), including the acquisition or condemna- the State of Nevada solely for expenditures, sions of 31 U.S.C. 3302: Provided further, That tion of any real property or any facility or for other than salaries and expenses of State em- the sum herein appropriated shall be reduced by plant or facility acquisition, construction, or ex- ployees, to conduct scientific oversight respon- the amount of miscellaneous revenues received pansion, $1,631,151,000, to remain available until sibilities and participate in licensing activities during 2006, and any related appropriated re- expended. pursuant to the Act: Provided further, That not- ceipt account balances remaining from prior NAVAL REACTORS withstanding the lack of a written agreement years’ miscellaneous revenues, so as to result in For Department of Energy expenses necessary with the State of Nevada under section 117(c) of a final fiscal year 2006 appropriation from the for naval reactors activities to carry out the De- the Nuclear Waste Policy Act of 1982, Public general fund estimated at not more than partment of Energy Organization Act (42 U.S.C. Law 97–425, as amended, not less than $500,000 $129,817,000: Provided further, That not later 7101 et seq.), including the acquisition (by pur- shall be provided to Nye County, Nevada, for than 90 days after the date of the enactment of chase, condemnation, construction, or other- on-site oversight activities under section 117(d) this Act, the Secretary of Energy shall submit to wise) of real property, plant, and capital equip- of that Act: Provided further, That $7,500,000 the Committee on Appropriations of the Senate ment, facilities, and facility expansion, shall be provided to affected units of local gov- and the Committee on Appropriations of the $789,500,000, to remain available until expended. ernment, as defined in the Act, to conduct ap- House of Representatives a report, in unclassi- OFFICE OF THE ADMINISTRATOR propriate activities and participate in licensing fied form but with a classified appendix if nec- activities: Provided further, That 7.5 percent of essary, on the Department of Energy’s plan to For necessary expenses of the Office of the the funds provided shall be made available to bring security for Building 3019 at the Oak Administrator in the National Nuclear Security affected units of local government in California Ridge National Laboratory, Oak Ridge, Ten- Administration, including official reception and with the balance made available to affected nessee, into full compliance with the Depart- representation expenses not to exceed $12,000, units of local government in Nevada for dis- ment’s Design Basis Threat Policy: Provided $341,869,000, to remain available until expended. tribution as determined by the Nevada units of further, That the report shall include— ENVIRONMENTAL AND OTHER DEFENSE local government: Provided further, That not- (1) a detailed description of any element of the ACTIVITIES withstanding the provisions of Chapters 65 and Department’s Design Basis Threat Policy that is DEFENSE ENVIRONMENTAL CLEANUP 75 of Title 31, the Department shall have no not to be fully addressed throughout the re- For Department of Energy expenses, including monitoring, auditing or other oversight rights or maining lifetime of Building 3019; the purchase, construction, and acquisition of responsibilities over amounts provided to af- (2) a detailed description of the security imple- plant and capital equipment and other expenses fected units of local government under this mentation plan, including security personnel, necessary for atomic energy defense environ- heading: Provided further, That the funds for perimeter detection capability, response capa- mental cleanup activities in carrying out the the State of Nevada shall be made available bilities, use of security technology, and methods purposes of the Department of Energy Organi- solely to the Nevada Division of Emergency of meeting physical standoff requirements; zation Act (42 U.S.C. 7101 et seq.), including the Management by direct payment and units of (3) a schedule with specific dates describing acquisition or condemnation of any real prop- local government by direct payment: Provided the milestones to achieve compliance with the erty or any facility or for plant or facility acqui- further, That within 90 days of the completion Department’s Design Basis Threat Policy; sition, construction, or expansion, of each Federal fiscal year, the Nevada Division (4) a security management plan signed by the $6,192,371,000, to remain available until ex- of Emergency Management and the Governor of Secretary of Energy specifying the program sec- pended. the State of Nevada shall provide certification to retarial offices responsible for implementing and the Department of Energy that all funds ex- funding the security program, including any in- OTHER DEFENSE ACTIVITIES pended from such payments have been expended cremental funding requirements to upgrade se- For Department of Energy expenses, including for activities authorized by the Act and this Act: curity levels for the period during the material the purchase, construction, and acquisition of Provided further, That failure to provide such handling and processing activities leading to plant and capital equipment and other ex- certification shall cause such entity to be pro- complete disposition of the stored inventory of penses, necessary for atomic energy defense, hibited from any further funding provided for special nuclear material; and other defense activities, and classified activities, similar activities: Provided further, That none (5) the justification for failing to fully comply in carrying out the purposes of the Department of the funds herein appropriated may be: (1) with the Design Basis Threat Policy, if the Sec- of Energy Organization Act (42 U.S.C. 7101 et used directly or indirectly to influence legisla- retary does not intend to implement a security seq.), including the acquisition or condemnation

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00125 Fmt 7634 Sfmt 6333 E:\CR\FM\A07NO7.086 H07NOPT1 H9822 CONGRESSIONAL RECORD — HOUSE November 7, 2005 of any real property or any facility or for plant lected by the Western Area Power Administra- and operating contract, unless such contract is or facility acquisition, construction, or expan- tion pursuant to the Flood Control Act of 1944 awarded using competitive procedures or the sion, and the purchase of not to exceed ten pas- and the Reclamation Project Act of 1939 to re- Secretary of Energy grants, on a case-by-case senger motor vehicles for replacement only, in- cover purchase power and wheeling expenses basis, a waiver to allow for such a deviation. cluding not to exceed two buses; $641,998,000, to shall be credited to this account as offsetting The Secretary may not delegate the authority to remain available until expended. collections, to remain available until expended grant such a waiver. At least 60 days before a DEFENSE NUCLEAR WASTE DISPOSAL for the sole purpose of making purchase power contract award for which the Secretary intends For nuclear waste disposal activities to carry and wheeling expenditures. to grant such a waiver, the Secretary shall sub- out the purposes of Public Law 97–425, as FALCON AND AMISTAD OPERATING AND mit to the Committees on Appropriations of the amended, including the acquisition of real prop- MAINTENANCE FUND House of Representatives and the Senate a re- erty or facility construction or expansion, For operation, maintenance, and emergency port notifying the Committees of the waiver and $350,000,000, to remain available until expended. costs for the hydroelectric facilities at the Fal- setting forth, in specificity, the substantive rea- sons why the Secretary believes the requirement POWER MARKETING ADMINISTRATIONS con and Amistad Dams, $2,692,000, to remain available until expended, and to be derived from for competition should be waived for this par- BONNEVILLE POWER ADMINISTRATION FUND the Falcon and Amistad Operating and Mainte- ticular award. SEC. 302. None of the funds appropriated by Expenditures from the Bonneville Power Ad- nance Fund of the Western Area Power Admin- this Act may be used to— ministration Fund, established pursuant to Pub- istration, as provided in section 423 of the For- lic Law 93–454, are approved for official recep- (1) develop or implement a workforce restruc- eign Relations Authorization Act, Fiscal Years turing plan that covers employees of the Depart- tion and representation expenses in an amount 1994 and 1995. not to exceed $1,500. During fiscal year 2006, no ment of Energy; or new direct loan obligations may be made. FEDERAL ENERGY REGULATORY COMMISSION (2) provide enhanced severance payments or SALARIES AND EXPENSES other benefits for employees of the Department OPERATION AND MAINTENANCE, SOUTHEASTERN of Energy, under section 3161 of the National POWER ADMINISTRATION For necessary expenses of the Federal Energy Regulatory Commission to carry out the provi- Defense Authorization Act for Fiscal Year 1993 For necessary expenses of operation and sions of the Department of Energy Organization (Public Law 102–484; 42 U.S.C. 7274h). maintenance of power transmission facilities Act (42 U.S.C. 7101 et seq.), including services as SEC. 303. None of the funds appropriated by and of electric power and energy, including authorized by 5 U.S.C. 3109, the hire of pas- this Act may be used to augment the funds made transmission wheeling and ancillary services senger motor vehicles, and official reception and available for obligation by this Act for severance pursuant to section 5 of the Flood Control Act representation expenses not to exceed $3,000, payments and other benefits and community as- of 1944 (16 U.S.C. 825s), as applied to the south- $220,400,000, to remain available until expended: sistance grants under section 3161 of the Na- eastern power area, $5,600,000, to remain avail- Provided, That notwithstanding any other pro- tional Defense Authorization Act for Fiscal able until expended: Provided, That, notwith- vision of law, not to exceed $220,400,000 of reve- Year 1993 (Public Law 102–484; 42 U.S.C. 7274h) standing 31 U.S.C. 3302, up to $32,713,000 col- nues from fees and annual charges, and other unless the Department of Energy submits a re- lected by the Southeastern Power Administra- services and collections in fiscal year 2006 shall programming request to the appropriate con- tion pursuant to the Flood Control Act of 1944 be retained and used for necessary expenses in gressional committees. to recover purchase power and wheeling ex- this account, and shall remain available until SEC. 304. None of the funds appropriated by penses shall be credited to this account as off- expended: Provided further, That the sum here- this Act may be used to prepare or initiate Re- setting collections, to remain available until ex- in appropriated from the general fund shall be quests For Proposals (RFPs) for a program if pended for the sole purpose of making purchase reduced as revenues are received during fiscal the program has not been funded by Congress. power and wheeling expenditures. year 2006 so as to result in a final fiscal year SEC. 305. The unexpended balances of prior OPERATION AND MAINTENANCE, SOUTHWESTERN 2006 appropriation from the general fund esti- appropriations provided for activities in this Act POWER ADMINISTRATION mated at not more than $0. may be available to the same appropriation ac- counts for such activities established pursuant For necessary expenses of operation and GENERAL PROVISIONS maintenance of power transmission facilities to this title. Available balances may be merged DEPARTMENT OF ENERGY and of marketing electric power and energy, for with funds in the applicable established ac- construction and acquisition of transmission SEC. 301. (a)(1) None of the funds in this or counts and thereafter may be accounted for as lines, substations and appurtenant facilities, any other appropriations Act for fiscal year 2006 one fund for the same time period as originally and for administrative expenses, including offi- or any previous fiscal year may be used to make enacted. cial reception and representation expenses in an payments for a noncompetitive management and SEC. 306. None of the funds in this or any amount not to exceed $1,500 in carrying out sec- operating contract unless the Secretary of En- other Act for the Administrator of the Bonne- tion 5 of the Flood Control Act of 1944 (16 U.S.C. ergy has published in the Federal Register and ville Power Administration may be used to enter 825s), as applied to the southwestern power ad- submitted to the Committees on Appropriations into any agreement to perform energy efficiency ministration, $30,166,000, to remain available of the House of Representatives and the Senate services outside the legally defined Bonneville until expended: Provided, That, notwith- a written notification, with respect to each such service territory, with the exception of services standing 31 U.S.C. 3302, up to $3,000,000 col- contract, of the Secretary’s decision to use com- provided internationally, including services pro- lected by the Southwestern Power Administra- petitive procedures for the award of the con- vided on a reimbursable basis, unless the Ad- tion pursuant to the Flood Control Act to re- tract, or to not renew the contract, when the ministrator certifies in advance that such serv- cover purchase power and wheeling expenses term of the contract expires. ices are not available from private sector busi- shall be credited to this account as offsetting (2) Paragraph (1) does not apply to an exten- nesses. SEC. 307. When the Department of Energy collections, to remain available until expended sion for up to 2 years of a noncompetitive man- makes a user facility available to universities or for the sole purpose of making purchase power agement and operating contract, if the extension other potential users, or seeks input from uni- and wheeling expenditures. is for purposes of allowing time to award com- petitively a new contract, to provide continuity versities or other potential users regarding sig- CONSTRUCTION, REHABILITATION, OPERATION of service between contracts, or to complete a nificant characteristics or equipment in a user AND MAINTENANCE, WESTERN AREA POWER contract that will not be renewed. facility or a proposed user facility, the Depart- ADMINISTRATION (b) In this section: ment shall ensure broad public notice of such For carrying out the functions authorized by (1) The term ‘‘noncompetitive management availability or such need for input to univer- title III, section 302(a)(1)(E) of the Act of Au- and operating contract’’ means a contract that sities and other potential users. When the De- gust 4, 1977 (42 U.S.C. 7152), and other related was awarded more than 50 years ago without partment of Energy considers the participation activities including conservation and renewable competition for the management and operation of a university or other potential user as a for- resources programs as authorized, including of- of Ames Laboratory, Argonne National Labora- mal partner in the establishment or operation of ficial reception and representation expenses in tory, Lawrence Berkeley National Laboratory, a user facility, the Department shall employ full an amount not to exceed $1,500; $233,992,000, to Lawrence Livermore National Laboratory, and and open competition in selecting such a part- remain available until expended, of which Los Alamos National Laboratory. ner. For purposes of this section, the term ‘‘user $229,596,000 shall be derived from the Depart- (2) The term ‘‘competitive procedures’’ has the facility’’ includes, but is not limited to: (1) a ment of the Interior Reclamation Fund: Pro- meaning provided in section 4 of the Office of user facility as described in section 2203(a)(2) of vided, That of the amount herein appropriated, Federal Procurement Policy Act (41 U.S.C. 403) the Energy Policy Act of 1992 (42 U.S.C. $6,700,000 is for deposit into the Utah Reclama- and includes procedures described in section 303 13503(a)(2)); (2) a National Nuclear Security Ad- tion Mitigation and Conservation Account pur- of the Federal Property and Administrative ministration Defense Programs Technology De- suant to title IV of the Reclamation Projects Au- Services Act of 1949 (41 U.S.C. 253) other than a ployment Center/User Facility; and (3) any thorization and Adjustment Act of 1992: Pro- procedure that solicits a proposal from only one other Departmental facility designated by the vided further, That of the amount herein appro- source. Department as a user facility. priated, $6,000,000 shall be available until ex- (c) For all management and operating con- SEC. 308. Funds appropriated by this or any pended on a nonreimbursable basis to the West- tracts other than those listed in subsection other Act, or made available by the transfer of ern Area Power Administration for Topock- (b)(1), none of the funds appropriated by this funds in this Act, for intelligence activities are Davis-Mead Transmission Line Upgrades: Pro- Act may be used to award a management and deemed to be specifically authorized by the Con- vided further, That notwithstanding the provi- operating contract, or award a significant ex- gress for purposes of section 504 of the National sion of 31 U.S.C. 3302, up to $279,000,000 col- tension or expansion to an existing management Security Act of 1947 (50 U.S.C. 414) during fiscal

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00126 Fmt 7634 Sfmt 6333 E:\CR\FM\A07NO7.088 H07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — HOUSE H9823 year 2006 until the enactment of the Intelligence (C) in paragraph (2), by striking ‘‘2017’’ each amended by Public Law 100–456, section 1441, Authorization Act for fiscal year 2006. place it appears and inserting ‘‘2020’’; $22,032,000, to remain available until expended. SEC. 309. None of the funds in this Act may be (4) in subsection (d)— DELTA REGIONAL AUTHORITY used to dispose of transuranic waste in the (A) in paragraph (1)— SALARIES AND EXPENSES Waste Isolation Pilot Plant which contains con- (i) by striking ‘‘2011’’ and inserting ‘‘2014’’; centrations of plutonium in excess of 20 percent (ii) by striking ‘‘from funds available to the For necessary expenses of the Delta Regional by weight for the aggregate of any material cat- Secretary’’ and inserting ‘‘subject to the avail- Authority and to carry out its activities, as au- egory on the date of enactment of this Act, or is ability of appropriations’’; and thorized by the Delta Regional Authority Act of generated after such date. For the purpose of (iii) by striking ‘‘2016’’ and inserting ‘‘2019’’; 2000, as amended, notwithstanding sections this section, the material categories of trans- and 382C(b)(2), 382F(d), and 382M(b) of said Act, uranic waste from the Rocky Flats Environ- (B) in paragraph (2)(A), by striking ‘‘2017’’ $12,000,000, to remain available until expended. mental Technology Site include: (1) ash resi- each place it appears and inserting ‘‘2020’’; DENALI COMMISSION dues; (2) salt residue; (3) wet residues; (4) direct (5) in subsection (e), by striking ‘‘2020’’ and For expenses of the Denali Commission in- repackage residues; and (5) scrub alloy as ref- inserting ‘‘2023’’; cluding the purchase, construction and acquisi- erenced in the ‘‘Final Environmental Impact (6) by redesignating subsection (g) as sub- tion of plant and capital equipment as nec- Statement on Management of Certain Plutonium section (h); and essary and other expenses, $50,000,000, to remain Residues and Scrub Alloy Stored at the Rocky (7) by inserting after subsection (f) the fol- available until expended, nothwithstanding the Flats Environmental Technology Site’’. lowing: limitations contained in section 306(g) of the SEC. 310. RENO HYDROGEN FUEL PROJECT (g) BASELINE.—Not later than December 31, Denali Commission Act of 1998. FUNDING.—(a) The non-Federal share of project 2006, the Secretary shall submit to Congress a NUCLEAR REGULATORY COMMISSION costs shall be 20 percent. report on the construction and operation of the (b) The cost of project vehicles, related facili- MOX facility that includes a schedule for revis- SALARIES AND EXPENSES ties, and other activities funded from the Fed- ing the requirements of this section during fiscal For necessary expenses of the Commission in eral Transit Administration Sections 5307, 5308, year 2007 to conform with the schedule estab- carrying out the purposes of the Energy Reorga- 5309, and 5314 program, including the non-Fed- lished by the Secretary for the MOX facility, nization Act of 1974, as amended, and the Atom- eral share for the FTA funds, is an eligible com- which shall be based on estimated funding levels ic Energy Act of 1954, as amended, including of- ponent of the non-Federal share for this project. for the fiscal year.’’. ficial representation expenses (not to exceed (c) Contribution of the non-Federal share of SEC. 314. SALES OF URANIUM.—(a) IN GEN- $15,000), purchase of promotional items for use project costs for all grants made for this project ERAL.—Notwithstanding any other provision of in the recruitment of individuals for employ- may be deferred until the entire project is com- Federal law, including section 3112 of the USEC ment, $734,376,000, to remain available until ex- pleted. Privatization Act (42 U.S.C. 2297h–2) and sec- pended: Provided, That of the amount appro- (d) All operations and maintenance costs asso- tion 3302 of Title 31, United States Code, the priated herein, $46,118,000 shall be derived from ciated with vehicles, equipment, and facilities Secretary of Energy is authorized to barter, the Nuclear Waste Fund: Provided further, That utilized for this project are eligible project costs. transfer or sell uranium (including natural ura- revenues from licensing fees, inspection services, (e) This section applies to project appropria- nium concentrates, natural uranium and other services and collections estimated at tions beginning in fiscal year 2004. hexafluoride, or in any form or assay) and to $617,182,000 in fiscal year 2006 shall be retained SEC. 311. LABORATORY DIRECTED RESEARCH use any proceeds, without fiscal year limitation, and used for necessary salaries and expenses in AND DEVELOPMENT.——Of the funds made avail- to remediate uranium inventories held by the this account, notwithstanding 31 U.S.C. 3302, able by the Department of Energy for activities Secretary. and shall remain available until expended: Pro- at government-owned, contractor-operator oper- (b) ADDITIONAL REQUIREMENTS.—Any barter, vided further, That the sum herein appropriated ated laboratories funded in this Act or subse- transfer or sale of uranium under subsection (a) shall be reduced by the amount of revenues re- quent Energy and Water Development Appro- shall to the extent possible, be competitive and ceived during fiscal year 2006 so as to result in priations Acts, the Secretary may authorize a comply with all applicable Federal procurement a final fiscal year 2006 appropriation estimated specific amount, not to exceed 8 percent of such laws (including regulations); and shall not ex- at not more than $117,194,000: Provided further, funds, to be used by such laboratories for lab- ceed 10 percent of the total annual fuel require- That section 6101 of the Omnibus Budget Rec- oratory-directed research and development: Pro- ments of all licensed nuclear power plants lo- onciliation Act of 1990 is amended by inserting vided, That the Secretary may also authorize a cated in the United States for uranium con- before the period in subsection (c)(2)(B)(v) the specific amount not to exceed 3 percent of such centrates, uranium conversion, or uranium en- words ‘‘and fiscal year 2006’’. funds, to be used by the plant manager of a cov- richment. OFFICE OF INSPECTOR GENERAL ered nuclear weapons production plant or the SEC. 315. Section 130 of Division H (Miscella- For necessary expenses of the Office of In- manager of the Nevada Site Office for plant or neous Appropriations and Offsets) of the Con- spector General in carrying out the provisions of site-directed research and development: Pro- solidated Appropriations Act, 2004, Public Law the Inspector General Act of 1978, as amended, vided further, That notwithstanding Depart- 108–199, is hereby amended by striking ‘‘is pro- $8,316,000, to remain available until expended: ment of Energy order 413.2A, dated January 8, vided for the Coralville, Iowa, project’’ and all Provided, That revenues from licensing fees, in- 2001, beginning in fiscal year 2006 and there- that follows and inserting: ‘‘is provided for the spection services, and other services and collec- after, all DOE laboratories may be eligible for Iowa Environmental and Education project to tions estimated at $7,485,000 in fiscal year 2006 laboratory directed research and development be located in Iowa. No further funds may be dis- shall be retained and be available until ex- funding. bursed by the Department of Energy until a one pended, for necessary salaries and expenses in SEC. 312. Of amounts appropriated to the Sec- hundred percent non-Federal cash and in-kind this account, notwithstanding 31 U.S.C. 3302: retary of Energy for the Rocky Flats Environ- match of the appropriated Federal funds has Provided further, That the sum herein appro- mental Technology Site for fiscal year 2006, the been secured for the project by the non-Federal priated shall be reduced by the amount of reve- Secretary may provide, subject to authorization, project sponsor: Provided, That the match shall nues received during fiscal year 2006 so as to re- up to $10,000,000 for the purchase of mineral exclude land donations: Provided further, That sult in a final fiscal year 2006 appropriation es- rights at the Rocky Flats Environmental Tech- if the match is not secured by the non-Federal timated at not more than $831,000. nology Site. project sponsor by December 1, 2007, the remain- NUCLEAR WASTE TECHNICAL REVIEW BOARD SEC. 313. Section 4306 of the Atomic Energy ing Federal funds shall cease to be available for Defense Act (50 U.S.C. 2566) is amended— the Iowa Environmental and Education SALARIES AND EXPENSES (1) in subsection (a)— project.’’. For necessary expenses of the Nuclear Waste (A) in paragraph (2)(A), by striking ‘‘2009’’ Technical Review Board, as authorized by Pub- TITLE IV each place it appears and inserting ‘‘2012’’; and lic Law 100–203, section 5051, $3,608,000, to be (B) in paragraph (3)— INDEPENDENT AGENCIES derived from the Nuclear Waste Fund, and to (i) in subparagraph (B)(ii), by striking ‘‘2009’’ APPALACHIAN REGIONAL COMMISSION remain available until expended. and inserting, ‘‘2012’’; and (ii) in subparagraph (C), by striking ‘‘2009’’ For expenses necessary to carry out the pro- TITLE V and inserting ‘‘2012’’; grams authorized by the Appalachian Regional GENERAL PROVISIONS (2) in subsection (b)— Development Act of 1965, as amended, for nec- SEC. 501. None of the funds appropriated by (A) in paragraph (1)— essary expenses for the Federal Co-Chairman this Act may be used in any way, directly or in- (i) by striking ‘‘(a)(2)’’ and inserting ‘‘(g)’’; and the alternate on the Appalachian Regional directly, to influence congressional action on and Commission, for payment of the Federal share of (ii) by striking ‘‘2009’’ and inserting ‘‘2012’’; the administrative expenses of the Commission, any legislation or appropriation matters pend- (B) in paragraph (4), by striking ‘‘2009’’ each including services as authorized by 5 U.S.C. ing before Congress, other than to communicate place it appears and inserting ‘‘2012’’; and 3109, and hire of passenger motor vehicles, to Members of Congress as described in 18 U.S.C. (C) in paragraph (5), by striking ‘‘2009’’ and $65,472,000, to remain available until expended. 1913. inserting ‘‘2012’’; SEC. 502. None of the funds made available in DEFENSE NUCLEAR FACILITIES SAFETY BOARD (3) in subsection (c)— this Act may be transferred to any department, (A) in the matter preceding paragraph (1), by SALARIES AND EXPENSES agency, or instrumentality of the United States striking, ‘‘2009’’ and inserting ‘‘2012’’; For necessary expenses of the Defense Nuclear Government, except pursuant to a transfer made (B) in paragraph (1), by striking ‘‘2011’’ and Facilities Safety Board in carrying out activities by, or transfer authority provided in this Act or inserting ‘‘2014’’; and authorized by the Atomic Energy Act of 1954, as any other appropriation Act.

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00127 Fmt 7634 Sfmt 6333 E:\CR\FM\A07NO7.090 H07NOPT1 H9824 CONGRESSIONAL RECORD — HOUSE November 7, 2005 This Act may be cited as the ‘‘Energy and spect to the individual appropriations, pro- endeavored to identify the most critical Water Development Appropriations Act, 2006’’. grams, and activities of the Corps of Engi- flood damage reduction and navigation And the Senate agree to the same. neers. Additional items of the conference projects in the allocation of resources pro- agreement are discussed below. vided, but in the absence of the Corps of En- DAVID L. HOBSON, RODNEY P. WATER RESOURCE NEEDS IN THE WAKE OF gineers being able to provide to the Congress FRELINGHUYSEN, HURRICANES KATRINA AND RITA its professional engineering judgment on TOM LATHAM, The conferees’ funding recommendations which priority infrastructure needs should ZACH WAMP, in this statement of managers have been be addressed this fiscal year, the conferees JO ANN EMERSON, shaped by the occurrence of Hurricanes have largely provided the budget request for JOHN DOOLITTLE, Katrina and Rita, their profound effects on individual water resource projects. MICHAEL K. SIMPSON, the Gulf Coast of the United States, and PROGRAM MANAGEMENT AND EXECUTION DENNIS R. REHBERG, what these storms revealed about our coun- The conferees agree that improvements in JERRY LEWIS, try’s vulnerability to natural disasters. Ac- the Corps’ program management and execu- PETER J. VISCLOSKY, cordingly, total funding levels for Energy tion are necessary and appropriate. The con- CHET EDWARDS, and Water Development Appropriations for ferees expect the civilian and military lead- ED PASTOR, fiscal year 2006 are $749,000,000 above the lev- ership of the Corps of Engineers to manage JAMES E. CLYBURN, els requested by the Administration, and the the Corps of Engineers and the Civil Works MARION BERRY, conferees have designated almost all of this program. DAVID R. OBEY, increase for strengthening the water infra- Five-year comprehensive budget planning.— Managers on the Part of the House. structure of our nation. Dam safety, flood The Corps is directed to submit to the House PETE V. DOMENICI, protection, and maintenance of vital naviga- and Senate Committees on Appropriations THAD COCHRAN, tion systems have been given priority. concurrent with each annual budget here- MITCH MCCONNELL, The situation on the Gulf Coast in the after an updated five-year development plan, ROBERT F. BENNETT, wake of the 2005 hurricanes requires balance as delineated in the House report. CONRAD BURNS, among competing forces. There is an urgent Emphasis on expenditures.—The Corps is di- LARRY E. CRAIG, need for rapid restoration of flood control rected to adopt a fiscal management practice CHRISTOPHER S. BOND, measures before the next storm season. The that fully honors Congressional direction KAY BAILEY HUTCHISON, US Army Corps of Engineers has testified and accepts a higher level of carryover funds WAYNE ALLARD, that it can accomplish these repairs by June in order to achieve greatly increased trans- HARRY REID, 2006. However, extensive flooding occurred in parency into project costs and multiyear ROBERT C. BYRD, the region despite the existence of flood con- funding commitments. Congressional justification materials.—The PATTY MURRAY, trol measures designed to withstand Cat- conferees direct the Corps to improve its an- BRYON L. DORGAN, egory 3 hurricanes. Fully understanding nual congressional budget submission by ex- DIANNE FEINSTEIN, what caused the flooding will require time, panding the information presented to the TIM JOHNSON, and the design and implementation of an im- Congress each year and to present its budget MARY L. LANDRIEU, proved protection system will take years. estimate by mission area. That information DANIEL K. INOUYE, This means that some interim protection Managers on the Part of the Senate. will be in place soon and better protection shall include, but not be limited to, those will be provided later. items more fully discussed in the House re- JOINT EXPLANATORY STATEMENT OF This Act provides considerable support for port. Such information shall include a de- THE COMMITTEE OF CONFERENCE on-going improvements to flood control tailed analysis of activities and projects The managers on the part of the House and projects along the Gulf Coast, particularly in funded in the current year but for which no the Senate at the conference on the dis- Louisiana and Mississippi. The hurricanes funds are requested in the budget estimate. agreeing votes of the two Houses on the have altered the underlying justifications for It is incumbent upon the Administration and amendment of the Senate to the bill (H.R. these projects and brought into question ex- the Corps of Engineers to disclose fully how 2419) making appropriations for energy and isting approaches and designs. The physical it plans to carry out the current year appro- water development for the fiscal year ending situation on the ground has changed, the na- priation. Inclusion of such information in September 30, 2006, and for other purposes, ture and value of the communities and infra- the budget justification materials in no way submit the following joint statement to the structure to be protected have changed, and implies continuing support of such projects House and Senate in explanation of the ac- the engineering requirements for providing or activities by the Administration or the tion agreed upon by the managers and rec- ommend in the accompanying conference re- given levels of flood protection have Corps of Engineers but is needed by Congress port. changed. While the Corps of Engineers pro- to determine if the Executive Branch is exe- The language and allocations set forth in ceeds to reestablish preexisting flood control cuting fully its appropriation by program, House Report 109–86 and Senate Report 109–84 works using funds provided on an emergency project and activity consistent with Congres- should be complied with unless specifically basis, a revised plan for providing an im- sional direction and intent. The conferees addressed to the contrary in the conference proved flood control system for the future is note that similar information is provided in report and statement of managers. Report needed. Accordingly, the conferees direct the other executive branch agencies’ budget sub- language included by the House which is not Secretary of the Army, acting through the missions and fail to understand why such in- contradicted by the report of the Senate or Chief of Engineers, to provide the House and formation is not provided by the Corps of En- the conference, and Senate report language Senate Committees on Appropriations with a gineers or cleared by the Office of Manage- which is not contradicted by the report of report detailing an integrated approach to ment and Budget for transmittal to the Con- the House or the conference is approved by flood control, navigation, and environmental gress. the committee of conference. The statement restoration for the Gulf Coast region of Lou- Performance-based budgeting.—The con- of managers, while repeating some report isiana and Mississippi within 120 days of en- ferees acknowledge the efforts of the Admin- language for emphasis, does not intend to ne- actment. This report should present the istration to develop a methodology for focus- gate the language referred to above unless overall approach for future spending and ing limited federal resources on water re- expressly provided herein. In cases where identify specific changes to on-going projects source projects, but recognize that the re- both the House report and Senate report ad- as well as proposals for future work. Hope- maining-costs-to-remaining-benefits ratio dress a particular issue not specifically ad- fully, this vision can be in place to guide ap- used by the Administration has its limita- dressed in the conference report or joint propriations for next year and inform the tions. In addition, the conferees note the in- statement of managers, the conferees have five-year funding plan that is to accompany ability of the Corps of Engineers to produce determined that the House report and Senate the Administration’s fiscal year 2007 budget at the request of Congress a list of the ten report are not inconsistent and are to be in- request. most critical water resources needs in the terpreted accordingly. In cases in which the The conferees expect additional resources country that need to be addressed given the House or Senate have directed the submis- will be provided in subsequent supplemental Nation’s experience with Hurricane Katrina. sion of a report, such report is to be sub- appropriations bills to respond to the after- Accordingly, the Corps of Engineers is di- mitted to both House and Senate Commit- math of Hurricane Katrina and shall be con- rected to contract with the National Acad- tees on Appropriations. sidered in the broader context of flood reduc- emy of Public Administration to study and Senate amendment: The Senate deleted tion for and reconstruction of the City of recommend factors, perhaps to include re- the entire House bill after the enacting New Orleans as hurricane data analysis is maining-costs-to-remaining-benefits, which clause and inserted the Senate bill. The con- completed and as a consensus on how best to should be used in determining the allocation ference agreement includes a revised bill. protect the City of New Orleans emerges. of limited resources for the construction of TITLE I—DEPARTMENT OF DEFENSE— The budget request from the Administra- water resource projects. CIVIL DEPARTMENT OF THE ARMY tion recommended funding various projects Savings and slippage.—The conferees ac- CORPS OF ENGINEERS—CIVIL based on seven performance guidelines, based knowledge the existence of traditional sav- The summary tables included in this title principally on the ratio of remaining-bene- ings and slippage, which may accrue either set forth the conference agreement with re- fits-to-remaining-costs. The conferees have from unfavorable construction schedules

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00128 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.093 H07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — HOUSE H9825 and/or seasons or from delays in a project’s Should Replace Reliance on Reprogramming no commitment or expectation to return delivery because of environmental issues, Actions to Manage Project Funds,’’ the funds to that project. litigation or local financial limitations. Corps is directed to develop immediately a The conferees expect the reprogramming Such funds may be available for realloca- financial planning and management system authorities provided in this Act will improve tion, only on a project-by-project basis, for the investigations, construction, and op- the fiscal management of the Corps’ pro- within the reprogramming limitation con- eration and maintenance appropriations that gram. The conferees expect the Corps of En- tained in section 101 in title I of this Act. changes the way the Corps allocates funds gineers to adhere to the letter and spirit of In recent years the Congress has artifi- from an annual basis to a quarterly basis these reprogramming authorities. To the ex- cially increased the historical savings and that reflects actual schedule and project per- tent that the Corps is unable to improve its slippage estimate, thereby increasing the formance. This recommendation is most cru- financial planning and management systems across-the-board reduction. The conferees cial to ensure increased certainty in execu- by the adoption of these authorities, the con- have discontinued this practice. The con- tion of projects. Accordingly, the conferees ferees will consider further restrictions in ference agreement eliminates the need for an expect that project funds shall be allocated the Corps’ reprogramming authorities in the across-the-board reduction resulting from to the field operating agencies by the head- context of the fiscal year 2007 Energy and project allocations in excess of the amount quarters office on a quarterly basis on the Water Development Appropriations Act. appropriated for such account. In addition, expected rate of execution for each quarter. an across-the-board reduction for historical Not later than 60 days following the enact- Continuing contracts.—The conference savings and slippage shall not be assessed. ment of this Act, the Corps shall submit a agreement modifies two provisions proposed Savings and slippage shall be taken on a report to the House and Senate Committees by the House regarding continuing con- project-by-project basis, recognizing the on Appropriations to establish the baseline tracts. These provisions are discussed in unique characteristics of each project and its for application of reprogramming and trans- greater detail under General Provisions. fer authorities for the current fiscal year. total annual funding requirements. INVESTIGATIONS Reprogramming.—The conference agree- That report shall contain a table for each ap- ment modifies section 101 of the House bill, propriation, showing among other items, The conference agreement provides which provides very specific instances and each program, project and activity in each $164,000,000 for Investigations, instead of procedures by which the Corps may repro- appropriation. For each day after the re- $100,000,000 as provided by the House and gram funds. The Senate bill contained no quired date that the report has not been sub- $180,000,000 as proposed by the Senate. The similar guidance. The guidance contained mitted to Congress, the amount appropriated conference agreement deletes a provision herein shall supercede all previous Congres- for salaries and expenses of the Corps of En- proposed by the House, which incorporates sional direction with respect to the re- gineers shall be reduced by $100,000 per day by reference the projects and activities spec- programming of appropriated funds and shall for each day after the required date that the ified in the statement of managers accom- apply to all available balances in the Corps’ report has not been submitted to the Con- panying this Act. The Senate bill contained accounts. For the purposes of carrying out gress. In addition, the conferees direct the no similar provision. this section, a reprogramming of funds is de- Corps to provide quarterly reports to the The conference agreement includes a pro- fined as any reallocation of funds into or House and Senate Committees on Appropria- vision relating to planning assistance to the from a line item set forth in the statement tions detailing all projects from which and State of Ohio. In addition, the conference of managers accompanying this Act. No dis- to which funds were reprogrammed pursuant agreement includes a provision providing tinctions are to be made by the Corps for to the authorities provided in this Act. The $8,000,000 to conduct, at full federal expense, transfers or movements of funds, such as res- report shall also include reasons for the a comprehensive hurricane protection study. torations or revocations, as has been the transfer of funds. The thresholds contained past practice. Any funds proposed for re- in section 101 shall apply to cumulative to- The conference agreement deletes a provi- programming shall be deemed to be excess to tals on a project-by-project basis. sion proposed by the Senate relating to fund- project needs, and shall be considered on a Further, the conferees direct that, when ing for a project in Laupahoehoe Harbor, Ha- project-by-project basis. the Corps executes a reprogramming pursu- waii. The House bill contained no similar Consistent with the recommendations ant to the authorities of this Act, the Corps provision. found in a recent GAO report entitled ‘‘Im- and the project sponsor shall treat each re- The conference agreement for investiga- proved Planning and Financial Management programming as a one time transaction with tions is shown in the following table:

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00129 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.124 H07NOPT1 H9826 CONGRESSIONAL RECORD — HOUSE November 7, 2005

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00130 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.125 H07NOPT1 Insert graphic folio 429/115 EH07NO05.053 November 7, 2005 CONGRESSIONAL RECORD — HOUSE H9827

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00131 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.125 H07NOPT1 Insert graphic folio 429/116 EH07NO05.054 H9828 CONGRESSIONAL RECORD — HOUSE November 7, 2005

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00132 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.125 H07NOPT1 Insert graphic folio 429/117 EH07NO05.055 November 7, 2005 CONGRESSIONAL RECORD — HOUSE H9829

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00133 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.125 H07NOPT1 Insert graphic folio 429/118 EH07NO05.056 H9830 CONGRESSIONAL RECORD — HOUSE November 7, 2005

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00134 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.125 H07NOPT1 Insert graphic folio 429/119 EH07NO05.057 November 7, 2005 CONGRESSIONAL RECORD — HOUSE H9831

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00135 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.125 H07NOPT1 Insert graphic folio 429/120 EH07NO05.058 H9832 CONGRESSIONAL RECORD — HOUSE November 7, 2005

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00136 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.125 H07NOPT1 Insert graphic folio 429/121 EH07NO05.059 November 7, 2005 CONGRESSIONAL RECORD — HOUSE H9833

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00137 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.125 H07NOPT1 Insert graphic folio 429/122 EH07NO05.060 H9834 CONGRESSIONAL RECORD — HOUSE November 7, 2005

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00138 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.125 H07NOPT1 Insert graphic folio 429/123 EH07NO05.061 November 7, 2005 CONGRESSIONAL RECORD — HOUSE H9835

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00139 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.125 H07NOPT1 Insert graphic folio 429/124 EH07NO05.062 H9836 CONGRESSIONAL RECORD — HOUSE November 7, 2005

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00140 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.125 H07NOPT1 Insert graphic folio 429/125 EH07NO05.063 November 7, 2005 CONGRESSIONAL RECORD — HOUSE H9837

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00141 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.125 H07NOPT1 Insert graphic folio 429/126 EH07NO05.064 H9838 CONGRESSIONAL RECORD — HOUSE November 7, 2005

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00142 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.125 H07NOPT1 Insert graphic folio 429/127 EH07NO05.065 November 7, 2005 CONGRESSIONAL RECORD — HOUSE H9839

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00143 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.125 H07NOPT1 Insert graphic folio 429/128 EH07NO05.066 H9840 CONGRESSIONAL RECORD — HOUSE November 7, 2005

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00144 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.125 H07NOPT1 Insert graphic folio 429/129 EH07NO05.067 November 7, 2005 CONGRESSIONAL RECORD — HOUSE H9841

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00145 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.125 H07NOPT1 Insert graphic folio 429/130 EH07NO05.068 H9842 CONGRESSIONAL RECORD — HOUSE November 7, 2005

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00146 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.125 H07NOPT1 Insert graphic folio 429/131 EH07NO05.069 November 7, 2005 CONGRESSIONAL RECORD — HOUSE H9843

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00147 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.125 H07NOPT1 Insert graphic folio 429/132 EH07NO05.070 H9844 CONGRESSIONAL RECORD — HOUSE November 7, 2005

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00148 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.125 H07NOPT1 Insert graphic folio 429/133 EH07NO05.071 November 7, 2005 CONGRESSIONAL RECORD — HOUSE H9845

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00149 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.125 H07NOPT1 Insert graphic folio 429/134 EH07NO05.072 H9846 CONGRESSIONAL RECORD — HOUSE November 7, 2005 Matilija Dam, California.—The Secretary Surge and Wave Island Senate. Within the funds provided, the Corps shall credit the non-Federal share of the cost Modeling Studies is directed to undertake the following activi- of the Matilija Dam ecosystem project the (SWIMS) ...... 750,000 ties with the amounts allocated below: cost of design and construction work carried Remaining items, flood plain management Chesapeake Bay submerged out by the non-Federal interest before the services.—The conference agreement includes aquatic vegetation re- date of execution of a cooperation agreement $6,407,000 for flood plain management serv- search ...... $500,000 for the project. ices, instead of $5,625,000 as proposed by the San Joaquin Valley Region, California.—The National Cooperative Mod- House and $8,935,000 as proposed by the Sen- conferees have provided funding for studies eling Demonstration Pro- ate. Within the funds provided, the Corps is of the San Joaquin Valley region in Cali- gram ...... 500,000 directed to undertake the following activi- fornia (consisting of Stanislaus, Madera, Innovative technology ties with the amounts allocated below: Merced, Fresno, Kings, Tulare, and Kern demonstrations for urban Counties). Hurricane evacuation stud- flooding and channel res- Whitewater River Basin, California.—The ies, HI ...... $500,000 toration, New Mexico conference agreement includes $100,000 to Livingston Parish, LA geo- and Nevada ...... 1,750,000 continue the design phase of the project. graphic information sys- Southwest Urban Flood Minnesota River Basin, Minnesota and South tem ...... 625,000 Damage Program Re- Dakota.—Within the funds provided for Min- Rancocas Creek, NJ ...... 200,000 search, New Mexico ...... 375,000 nesota River Basin, Minnesota and South Jackson, TN geographic in- Collaborative Planning and Dakota, $80,000 has been provided for Blue formation system ...... 250,000 Management Demonstra- tion Program ...... 375,000 Earth River ecosystem restoration in Min- Remaining items, planning assistance to nesota, South Dakota, Iowa and North Da- Advanced polymer tech- states.—The conference agreement provides nologies compliance ac- kota. $5,727,000 for planning assistance to states, Louisiana Coastal Area, Louisiana.—For tivities ...... 500,000 instead of $4,650,000 as proposed by the House Louisiana coastal area ecosystem restora- and $7,550,000 as proposed by the Senate. The conferees further direct the Corps to tion area, the conferees have provided a total Within the funds provided, the Corps is di- begin pilot testing of rapid deployment flood of $10,000,000 to further studies in mitigating rected to undertake the following activities walls, within available funds, not later than wetlands loss in coastal Louisiana. with the amounts allocated below: 30 days after enactment of this Act. Great Lakes Navigation Study, MI, IL, IN, MN, NY, OH, PA and WI.—The conferees have Assabet River sediment re- CONSTRUCTION included $1,285,000 for continued work on the mediation study, MA ...... $300,000 The conference agreement provides Great Lakes Navigation Study, the scope of Bartlesville, Oklahoma $2,372,000,000 for Construction, instead of which is to be in accordance with the bi-na- water study ...... 100,000 $1,900,000,000 as proposed by the House and tional agreement between the United States Lake Rogers, Creedmoor, $2,086,664,000 as proposed by the Senate. The and Canada. The conferees understand that North Carolina water conference agreement includes a provision as the study is near completion and encourage quality study ...... 30,000 proposed by the Senate that derives amounts the study sponsors and the Corps to move Pike River, Wisconsin hy- to cover one-half of the costs of construction forward as swiftly as is practicable without draulic and hydrological and rehabilitation of certain inland water- compromising the scope or quality of the study ...... 20,000 ways projects from the Inland Waterways work. With the funds provided for fiscal year La Mirada, California flood Trust Fund. The House bill contained a pro- 2006, the conferees expect that the Secretary, control and drainage vision that specified the amount to be de- acting through the Corps of Engineers, will study ...... 125,000 rived from the Inland Waterways Trust be able to budget for completion in fiscal Memphis, Tennessee river- Fund. year 2007. front development ...... 200,000 The conference agreement deletes a provi- Red River of the North Basin, Minnesota, Lafayette Wabash River sion proposed by the House, which would North and South Dakota.—Within the funds waterfront development, have incorporated by reference the projects provided for Red River of the North Basin, IN ...... 50,000 and activities specified in the statement of Minnesota and North and South Dakota, Delaware recreation supply managers accompanying this Act. The Sen- $60,000 has been provided for Crookston. and demand study ...... 75,000 ate bill contained no similar provision. Truckee Meadows, Nevada.—Funds are pro- Delaware groundwater in- The conference agreement modifies several vided to continue planning, engineering and vestigation ...... 75,000 provisions proposed by the House that set design activities for this flood control Hilo Bay, Hawaii water aside specific funds for the various sections project. The conferees expect the Corps to quality model ...... 125,000 of the continuing authorities program. The complete the necessary studies as soon as Rock Creek, Kansas basin Senate bill contained no similar provisions. practicable. stormwater project ...... 200,000 The conference agreement modifies several Edisto, South Carolina.—The conference New Mexico photo- provisions relating to specific projects as agreement includes funds to complete the re- grammetric mapping ...... 500,000 proposed in the Senate bill. The House bill connaissance phase of the project. Mangum, OK Lake Phase V contained no similar provisions. Norfolk Harbor and Channels, Craney Island, study ...... 50,000 The conference agreement includes an ap- Virginia.—Funds are provided to complete Waccamaw River, SC wa- propriation of $35,000,000 for Modified Water the feasibility study for this project. tershed modeling ...... 25,000 Delivery for the Everglades National Park. Little Kanawha, West Virginia.—The con- Surfside Beach, SC The House bill contained an appropriation of ference agreement includes funds to com- stormwater drainage $137,000,000 for the South Florida Ecosystem plete the feasibility study for this project. study ...... 25,000 Everglades Restoration Program, which in- Coastal field data collection.—The con- Stark County, OH water- cluded several other projects and Modified ference agreement provides $4,125,000 for shed drainage basin ...... 1,000,000 Water Delivery. The Senate bill contained no coastal field data collection. Within the New Mexico photogrammetric mapping.—The similar appropriation. Funding for the Cen- funds provided, the Corps is directed to un- conferees have provided $500,000 for New tral and South Florida project, the Kis- dertake the following activities with the Mexico photographic mapping to be con- simmee River Restoration project, and the amounts allocated below: ducted utilizing the Corps’ Center of Exper- Everglades and South Florida Restoration Coastal Data Information tise for Photogrammetric Mapping in St. project is provided as separate projects. Program ...... $500,000 Louis, Missouri. The conference agreement includes a pro- Southern California Beach Remaining items, research and development.— vision providing funds to the City of Processes Study ...... 650,000 The conference agreement includes Caliente, Nevada, to construct local flood Pacific Island Land Ty- $26,583,000 for research and development ac- control measures. phoon Experiment tivities, instead of $19,643,000 as proposed by The conference agreement for construction (PILOT) ...... 650,000 the House and $34,500,000 as proposed by the is shown in the following table:

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00150 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.126 H07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — HOUSE H9847

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00151 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.156 H07NOPT1 Insert graphic folio 429/141 EH07NO05.073 H9848 CONGRESSIONAL RECORD — HOUSE November 7, 2005

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00152 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.156 H07NOPT1 Insert graphic folio 429/142 EH07NO05.074 November 7, 2005 CONGRESSIONAL RECORD — HOUSE H9849

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00153 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.156 H07NOPT1 Insert graphic folio 429/143 EH07NO05.075 H9850 CONGRESSIONAL RECORD — HOUSE November 7, 2005

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00154 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.156 H07NOPT1 Insert graphic folio 429/144 EH07NO05.076 November 7, 2005 CONGRESSIONAL RECORD — HOUSE H9851

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00155 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.156 H07NOPT1 Insert graphic folio 429/145 EH07NO05.077 H9852 CONGRESSIONAL RECORD — HOUSE November 7, 2005

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00156 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.156 H07NOPT1 Insert graphic folio 429/146 EH07NO05.078 November 7, 2005 CONGRESSIONAL RECORD — HOUSE H9853

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00157 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.156 H07NOPT1 Insert graphic folio 429/147 EH07NO05.079 H9854 CONGRESSIONAL RECORD — HOUSE November 7, 2005

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00158 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.156 H07NOPT1 Insert graphic folio 429/148 EH07NO05.080 November 7, 2005 CONGRESSIONAL RECORD — HOUSE H9855 American River watershed.—The conference non-Federal sponsor to develop a dredged Parma water and sewer agreement includes a total of $28,960,000 for material processing facility that would ac- project ...... 150,000 American River watershed projects. These complish the objectives of reducing the cost Springfield AirPark water funds are to be available as follows: of dredged material management in the port, project ...... 1,500,000 preparing dredged material for beneficial Clark County Park I–675 Common features ...... $4,405,000 uses, and implementing innovative dredged water and sewer project 324,000 Folsom Dam modifications 9,555,000 material management technologies. (Permanent dam below Summit County, City of Rural Nevada.—Within the funds provided, Hudson, Seasons Road Folsom Dam) ...... (10,000,000) the Corps is directed to give consideration to Folsom Dam mini-raise ..... 15,000,000 sanitary sewer pump sta- projects of Douglas County, Battle Moun- tion ...... 495,000 Santa Ana River mainstem, California.—A tain, North Lemmon Valley, Spanish Valley total of $61,650,000 is provided for the Santa Phase II, Huffaker Hills Water Conservation, Southeastern Pennsylvania infrastructure Ana River mainstem in California. Funds are Lawton-Verdi, Boulder City, Lyon County, program, Pennsylvania.—Within the funds to be distributed as delineated in the House Gerlach, Searchlight, Incline Village, provided for Southeastern Pennsylvania in- report. Esmeralda County, Churchill County, West frastructure program, the conferees have Central and South Florida.—Within the Wendover, Yearlington, Virgin Valley Water provided $300,000 for Cobbs Creek Park and funds provided, work should continue on the District, Lovelock, Lander County, Round $300,000 for Tacony Creek. Upper St. Johns River project. Hill Phase II and Carson City. Other commu- Cheyenne River Sioux Tribe, Lower Brule Rural Idaho environmental infrastructure, nities that meet the program criteria should Sioux, South Dakota.—Within the funds pro- Idaho.—The conference agreement includes be considered as funding allows. vided, the conferees direct that not more $5,000,000 for rural Idaho environmental in- Tropicana and Flamingo Washes, Nevada.— than $1,000,000 shall be provided for adminis- frastructure. Within the funds provided, the Within the funds provided, $3,000,000 is pro- trative expenses, and that the Corps is to Corps is directed to give consideration to vided for work performed in accordance with distribute the remaining funds as directed by projects at Emmett, Burley, Rupert, Bonners Section 211 of Public Law 104–303. Title IV of the Water Resources Act of 1999 Wrightsville Beach, North Carolina.—Funds Ferry, Donnelly, Eastern Idaho Regional to the State of South Dakota, the Cheyenne are provided for beach restoration efforts re- Water Authority, Driggs and Smelterville. River Sioux Tribe and the Lower Brule Sioux sulting from natural erosion and navigation Other communities that meet the program Tribe. activities. Columbia River fish mitigation, WA, OR and criteria may be considered as funding allows. Ohio environmental infrastructure.—The bill Olmstead Locks and Dam, Ohio River, Illinois ID.—The conferees have chosen not to com- provides $13,000,000 for Ohio environmental bine the various, separately authorized com- and Kentucky.—Neither funds provided for infrastructure for fiscal year 2006. These Olmstead Locks and Dam project nor funds ponents of the project into a single line item funds, together with $3,849,000 from Clark and believe it is prudent to maintain visi- available within this account are available County (Ohio) and Lower Mad River Valley to reimburse the Claims and Judgment bility and transparency in the various Sewer Infrastructure and Storm Water Man- project elements throughout budget execu- Fund. agement projects remaining unobligated Upper Mississippi River restoration, IL, IA, tion. from fiscal year 2004, shall be distributed as Mt. St. Helens, Washington.—Additional MN, MO and WI.—The conference agreement follows: includes $20,000,000 for Upper Mississippi funds have been provided to initiate a gen- River restoration, which shall be available Benton Ridge wastewater eral reevaluation report to determine if eco- only to continue ongoing projects and shall treatment ...... $500,000 system restoration actions are prudent in not be available to initiate any new projects. Brookfield Center South the Cowlitz and Toutle watersheds for spe- Missouri fish and wildlife mitigation, IA, KS, sanitary sewer ...... 250,000 cies that have been listed as being of eco- MO, MT, NE, ND, and SD.—The conference Cambridge sewer system nomic importance and threatened or endan- agreement includes funds for only those spe- east of I–77 ...... 425,000 gered. Cuyahoga River environ- cifically authorized Missouri fish and wild- Mud Mountain, Washington.—Out of the mental restoration ...... 500,000 life and mitigation activities, namely along funds provided, the Corps is directed to use Elyria water treatment the lower Missouri River. The conferees up to $600,000 to study fish passage. plant ...... 200,000 Levisa and Tug Forks and Upper Cumberland agree that the Administration should submit Franklin County, Village River, WV, VA and KY.—The conference a legislative proposal for habitat recovery of New Albany environ- agreement includes $31,100,000 for Levisa and for the upper reaches of the river for consid- mental restoration ...... 1,000,000 eration by the appropriate authorizing com- Fulton County Elmira/Bur- Tug Forks and Upper Cumberland River, WV, mittees before funds are expended on these lington wastewater col- VA and KY. Within the amounts provided, additional mitigation activities. lection and treatment .... 300,000 $16,000,000 shall be for elements of the project Louisville Waterfront Park, Kentucky.—The Gallia County water and in the Commonwealth of Kentucky, $5,600,000 Corps of Engineers is directed to use funds sewer ...... 300,000 shall be for elements within the State of appropriated in Public Law 107–66, Public Higginsport sanitary sewer 750,000 West Virginia and $9,500,000 shall be for Vir- Law 108–7 and Public law 108–137, to continue Lake County Madison ginia elements. with design and construction of Phase II of Township Chapel Road Robert C. Byrd Locks and Dam, Ohio River, the Louisville Waterfront Park, specifically Interceptor sewer ...... 505,000 West Virginia and Ohio.—The conference the Big Four Bridge and Spiral. Licking County, Village of agreement includes funds to continue Jen- J. Bennett Johnston Waterway, Louisiana.— Hanover wastewater col- kins preservation and contract management The Conferees have provided $13,000,000 for lection ...... 325,000 but excludes funds for planning, engineering navigation channel refinement features, land Marysville water treat- and design. purchases and development for mitigation of ment facility upgrades ... 1,000,000 Aquatic Plant Control Program.—The con- project impacts, and construction of project Norwalk wastewater treat- ference agreement includes $4,000,000 for this recreation features and appurtenant fea- ment plant ...... 300,000 program. Within the funds provided, the con- tures. Rushsylvania wastewater ferees have provided $100,000 for Lake Gas- Chesapeake Bay environmental program, MD, treatment ...... 500,000 ton, North Carolina, and $400,000 for Lake PA, and VA.—Within the funds provided, Springfield Hospital water Champlain, Vermont. $273,000 is included to continue the environ- and sewer project ...... 3,025,000 Beneficial Uses of Dredged Material.—Within Springfield Nextedge Tech- mental studies concerning non-native oys- the funds provided, $3,000,000 is for Morehead nology Park water and ters. City, North Carolina, and $200,000 for sewer ...... 750,000 Duaphin Island, Alabama. Rural Montana.—Within the funds pro- Southern Franklin County Dam Safety and Seepage/Stability Corrective vided, the Corps is directed to give consider- and Northern Pickaway Program.—The conference agreement in- ation to the projects at Livingston, Missoula County sewer line expan- cludes $15,000,000, of which $4,000,000 is to (Grant Creek), Meagher County, Stevens- sion project ...... 1,000,000 ville, Helena, Wisdom, Bigfork, Sheridan, Toledo wastewater treat- complete the Waterbury dam repairs in Butte and Drummond. Other communities ment plant ...... 250,000 Vermont, and $600,000 is for Dover dam in that meet the program criteria should be Trotwood storm drain and Ohio. considered as funding allows. stream relocation ...... 750,000 Shore Line Erosion Control Development and Fire Island Inlet to Montauk Point, New University of Dayton, Demonstration Program.—Within the funds York.—The conference agreement includes Brown and Stewart provided, $1,725,000 shall be available for the $1,075,000 for the reformulation study. Streets water and sewer 1,000,000 alternative sand test beach and breakwater New York and New Jersey Harbor, New York Village of Ottawa regional project in Florida and $1,250,000 for the Sa- and New Jersey.—Within the funds provided waterline ...... 300,000 cred Falls demonstration project in Hawaii. for New York and New Jersey Harbor, New Yellow Springs McGregor Estuary Restoration Program.—The con- York and New Jersey, the conferees direct Center for Business and ference agreement includes $1,000,000 for the the Corps to use up to $2,000,000 to plan for Education Park, water estuary restoration program. The Corps is and enter into an agreement with a state or and sewer ...... 450,000 directed to provide the House and Senate

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00159 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.156 H07NOPT1 H9856 CONGRESSIONAL RECORD — HOUSE November 7, 2005 Committees on Appropriations a spending These appropriations levels are a one-time operation agreements or feasibility cost plan for the program in fiscal year 2005 and event; neither the Corps nor its stakeholders sharing agreements in fiscal year 2006. Work 2006 prior to the expenditure of funds. should expect funding at these levels to con- may continue on any phase of a particular Tribal partnership.—Within the funds pro- tinue and should plan their programs and project as funding and priority allows, but vided, $300,000 shall be for efforts in New projects accordingly. no project shall advance to the next stage Mexico and $300,000 shall be for cultural re- The conferees agree that significant man- during fiscal year 2006 unless such project source restoration on historic Washoe lands. agement reform of the CAP program is nec- can be completed within the funds specified essary. Therefore, within 60 days of enact- CONTINUING AUTHORITIES PROGRAM or can advance into the design phase in fiscal ment of this Act, and annually thereafter year 2006. The Act contains several provisions speci- concurrent with the budget submission, the fying the amount of funds made available for Corps is directed to submit to the House and The Corps is directed not to initiate any each of the continuing authorities programs Senate Committees on Appropriations a pro- new project or re-start a project within any (CAP), as proposed by the House. The Senate gram management plan detailing the specific CAP program in fiscal year 2006 unless such bill contained no similar provisions. actions the Corps will take to prioritize project is specifically named in an Energy The conference agreement includes the fol- projects and to manage the program in the and Water Development Appropriations Act lowing amounts for each of the specific pro- future. This management plan shall include or its accompanying statement of managers gram authorities of the continuing authori- at least a five-year time horizon consistent from fiscal year 2001 through 2006. Within 60 ties program: with the Five-Year Comprehensive Budget days of enactment of this Act, the Corps shall submit to the House and Senate Com- Section 107 ...... $12,000,000 Plan and may, after the initial submission, mittees on Appropriations a report detailing Section 103 ...... 7,000,000 be incorporated into the larger planning ef- Section 205 ...... 40,000,000 fort. Additionally, the Corps shall provide to those CAP projects that have not been Section 14 ...... 15,000,000 the House and Senate Committees on Appro- named in an Energy and Water Development Section 1135 ...... 30,000,000 priations, concurrent with the annual budget Appropriations Act from fiscal year 2001 Section 206 ...... 30,000,000 submission, a status report delineating all through 2006 or for which no funds have been Section 204 ...... 5,000,000 ongoing projects, identifying on a project- expended in fiscal years 2001 through 2005. Section 208 ...... 300,000 by-project basis the annual out-year budg- The conferees further direct to Corps to Section 111 ...... 500,000 etary requirements to complete each project. implement guidelines to require feasibility In developing its management plan and in study cost sharing from non-Federal sources In an effort to reduce the current backlog an effort to reduce the backlog of projects, for all CAP authorities, to be effective Octo- of CAP projects, the conferees have endeav- the Corps is directed to prioritize projects in ber 1, 2006. The conferees note that this is ored to provide sufficient appropriations to the following manner: first, funding should the current practice in all but the environ- continue various Corps-initiated CAP be available for construction projects for mental authorities. projects while also allocating funds for Con- which an executed project cooperation agree- gressionally-directed projects. For example, ment is in place; second, funding should be The following table includes the name of the conference agreement includes appro- available for projects with executed feasi- the project, the CAP authority under which priations for sections 1135 and 206 in excess bility cost sharing agreements. The con- the project is authorized and the amount of of the annual authorized level so as to reduce ferees direct the Corps to place a morato- funding included in the conference agree- the significant unfunded backlog of projects. rium on the execution of any new project co- ment:

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00160 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.158 H07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — HOUSE H9857

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00161 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.159 H07NOPT1 Insert graphic folio-429/158 EH07NO05.081 H9858 CONGRESSIONAL RECORD — HOUSE November 7, 2005

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00162 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.159 H07NOPT1 Insert graphic folio-429/159 EH07NO05.082 November 7, 2005 CONGRESSIONAL RECORD — HOUSE H9859

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00163 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.159 H07NOPT1 Insert graphic folio-429/160 EH07NO05.083 H9860 CONGRESSIONAL RECORD — HOUSE November 7, 2005

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00164 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.159 H07NOPT1 Insert graphic folio-429/161 EH07NO05.084 November 7, 2005 CONGRESSIONAL RECORD — HOUSE H9861

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00165 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.159 H07NOPT1 Insert graphic folio-429/162 EH07NO05.085 H9862 CONGRESSIONAL RECORD — HOUSE November 7, 2005

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00166 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.159 H07NOPT1 Insert graphic folio-429/163 EH07NO05.086 November 7, 2005 CONGRESSIONAL RECORD — HOUSE H9863 Reno flood warning system.—Within the Gila River, Grants and Hidalgo Counties, The conference agreement deletes a provi- funds provided for section 205, the Corps NM sion proposed by the House, which would shall close out the Reno flood warning sys- Elsmere, DE have incorporated by reference the projects tem. West Virginia Statewide Flood Warning and activities specified in the statement of Santa Venetia flood control, California.— System, WV managers accompanying this Act. The Sen- Within the funds provided for section 205, the ate bill contained no similar provision. Winnebago River Levee Improvement, IA Corps shall close out the Santa Venetia flood Keshequa Creek, Nunda, NY The conference agreement modifies a pro- control project. vision proposed by the Senate relating to Limestone Creek, Fayetteville, NY Stevenson Creek estuary, Florida, section various activities of the Yazoo Basin back- 206.—The Corps is directed to return funds South Suburban Areas of Chicago, IL water pumping plant in Mississippi. The reprogrammed from Stevenson Creek estu- Upper Delaware River Watershed Flood House bill contained no similar provision. ary, Florida forthwith. Mitigation, NY The conference agreement deletes a provi- Within the funds provided for sections of FLOOD CONTROL, MISSISSIPPI RIVER AND TRIB- sion proposed by the Senate relating to the the continuing authorities programs, the UTARIES, ARKANSAS, ILLINOIS, KENTUCKY, pump supply contract for the Yazoo Basin, Corps is directed to give priority consider- LOUISIANA, MISSISSIPPI, MISSOURI, AND Yazoo Backwater Pumping Plant, Mis- ation to the following projects: TENNESSEE Section 107: sissippi. The House bill contained no similar Gustavis Harbor, AK The conference agreement provides provision. Nanwalek, AK $400,000,000 for Flood Control, Mississippi The conference agreement for projects to Woods Hole Great Harbor, MA River and Tributaries instead of $290,000,000 reduce flood control in the lower Mississippi Section 205: as proposed by the House and $433,336,000 as River alluvial valley below Cape Giradeau, City of Las Vegas, NV proposed by the Senate. Missouri is shown in the following table:

VerDate Aug 31 2005 06:43 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00167 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.159 H07NOPT1 H9864 CONGRESSIONAL RECORD — HOUSE November 7, 2005

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00168 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.159 H07NOPT1 Insert graphic folio-429/166 EH07NO05.087 November 7, 2005 CONGRESSIONAL RECORD — HOUSE H9865

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00169 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.159 H07NOPT1 Insert graphic folio-429/167 EH07NO05.088 H9866 CONGRESSIONAL RECORD — HOUSE November 7, 2005

CONSTRUCTION ued construction of the project. Within these instead of $2,000,000,000 as proposed by the Mississippi River Levees, AR, IL, KY, LA, funds, not more than $1,500,000 shall be used House and $2,100,000,000 as proposed by the MS, MO and TN.—Additional funds have been for these water quality and sediment reduc- Senate. provided to continue construction of the St. tion measures and $500,000 shall be used for The conference agreement deletes a provi- Johns—New Madrid Levee Closure/Box Cul- establishment of water quality reference in- vert, Missouri as well as other levee items dicators for use as appropriate on Yazoo sion proposed by the House, which would and for the Lower Mississippi River Interpre- Basin Projects. have incorporated by reference the projects tive Center. MAINTENANCE and activities specified in the statement of Yazoo Basin, Backwater Pumping Plant, Mis- Mississippi River Levees AR, IL, KY, LA, MS, managers accompanying this Act. The Sen- sissippi.—Within the funds provided, $150,000 MO and TN.—Additional funds have been ate bill contained no similar provision. is provided for the Teddy Roosevelt Environ- provided for delivery of levee gravel in AR, mental Education Center. The conference agreement includes several Yazoo Basin, Big Sunflower River, Mis- LA, MS and MO as determined by need. provisions proposed by the Senate relating Additional funding has been provided for sissippi.—The conferees recognize the need to to certain projects. The House bill contained deferred maintenance at the four Mississippi prevent erosion, reduce sedimentation and no similar provisions. head-cutting in watersheds of the Yazoo Lakes. The conference agreement for operation Basin for purposes of improving water qual- OPERATION AND MAINTENANCE ity, fisheries and reducing maintenance. The The conference agreement provides and maintenance is shown in the following conferees have provided $4,000,000 for contin- $1,989,000,000 for operation and maintenance, table:

VerDate Aug 31 2005 05:30 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00170 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.159 H07NOPT1

OPERATION AND MAINTENANCE (AMOUNTS IN THOUSANDS)

BUDGET REQUEST CONFERENCE ------

ALABAMA

ALABAMA - COOSA COMPREHENSIVE WATER STUDY, AL...... 180 162 ALABAMA - COOSA RIVER, AL...... 1,591 2,782 BLACK WARRIOR AND TOMBIGBEE RIVERS, AL...... 22,117 22,117 GULF INTRACOASTAL WATERWAY, AL...... 4,050 3,645 INSPECTION OF COMPLETED WORKS, AL...... 50 45 MILLERS FERRY LOCK AND DAM, WILLIAM "BILL" DANNELLY 7,315 7,315 MOBILE HARBOR, AL...... 20,248 18,223 PROJECT CONDITION SURVEYS, AL...... 100 90 ROBERT F HENRY LOCK AND DAM, AL...... 7,125 6,413 SCHEDULING RESERVOIR OPERATIONS, AL...... 140 126 TENNESSEE - TOMBIGBEE WATERWAY WILDLIFE MITIGATION, AL 1,400 2,000 TENNESSEE - TOMBIGBEE WATERWAY, AL & MS...... 20,103 24,000 WALTER F GEORGE LOCK AND DAM, AL & GA...... 7,171 6,454

ALASKA

ANCHORAGE HARBOR, AK...... 11,470 11,470 CHENA RIVER LAKES, AK...... 3,051 3,051 CORDOVA HARBOR, AK...... --- 540 DILLINGHAM HARBOR, AK...... 622 560 HOMER HARBOR, AK...... 299 269 INSPECTION OF COMPLETED WORKS, AK...... 45 41 LOWELL CREEK TUNNEL, AK...... --- 90 NINILCHIK HARBOR, AK...... 248 223 NOME HARBOR, AK...... 2,496 2,496 PROJECT CONDITION SURVEYS, AK...... 588 529

AMERICAN SAMOA

OFU HARBOR, AMERICAN SAMOA...... 1,480 1,332 TAU HARBOR, AMERICAN SAMOA...... 1,372 1,235

ARIZONA

ALAMO LAKE, AZ...... 1,280 1,730 INSPECTION OF COMPLETED WORKS, AZ...... 92 83 PAINTED ROCK DAM, AZ...... 1,220 1,098 SCHEDULING RESERVOIR OPERATIONS, AZ...... 37 33 WHITLOW RANCH DAM, AZ...... 190 171

ARKANSAS

BEAVER LAKE, AR...... 5,744 5,170 BLAKELY MT DAM, LAKE OUACHITA, AR...... 10,084 10,084 BLUE MOUNTAIN LAKE, AR...... 1,292 1,163 BULL SHOALS LAKE, AR...... 6,392 5,753 DARDANELLE LOCK AND DAM, AR...... 6,524 5,872 DEGRAY LAKE, AR...... 6,828 6,145 DEQUEEN LAKE, AR...... 1,193 1,074 DIERKS LAKE, AR...... 1,161 1,045 GILLHAM LAKE, AR...... 1,093 984 GREERS FERRY LAKE, AR...... 5,608 5,047 HELENA HARBOR, PHILLIPS COUNTY, AR...... 30 387 INSPECTION OF COMPLETED WORKS, AR...... 199 179 MCCLELLAN - KERR ARKANSAS RIVER NAVIGATION SYSTEM, AR. 35,065 31,559 MILLWOOD LAKE, AR...... 1,782 1,604 NARROWS DAM, LAKE GREESON, AR...... 4,342 3,908 NIMROD LAKE, AR...... 1,656 1,490 NORFORK LAKE, AR...... 4,540 4,086 OSCEOLA HARBOR, AR...... 29 299 OUACHITA AND BLACK RIVERS, AR & LA...... 8,500 13,887 OZARK - JETA TAYLOR LOCK AND DAM, AR...... 5,151 4,636 PROJECT CONDITION SURVEYS, AR...... 7 6 WHITE RIVER, AR...... 215 900

OPERATION AND MAINTENANCE (AMOUNTS IN THOUSANDS)

BUDGET REQUEST CONFERENCE ------

YELLOW BEND PORT, AR...... --- 158

CALIFORNIA

BLACK BUTTE LAKE, CA...... 1,989 1,790 BUCHANAN DAM, HV EASTMAN LAKE, CA...... 1,781 1,603 CHANNEL ISLANDS HARBOR, CA...... 310 279 COYOTE VALLEY DAM, LAKE MENDOCINO, CA...... 4,084 3,676 CRESCENT CITY HARBOR...... --- 450 DRY CREEK (WARM SPRINGS) LAKE AND CHANNEL, CA...... 5,272 5,825 FARMINGTON DAM, CA...... 202 182 HIDDEN DAM, HENSLEY LAKE, CA...... 2,090 1,881 HUMBOLDT HARBOR AND BAY, CA...... 5,069 4,562 INSPECTION OF COMPLETED WORKS, CA...... 1,396 1,256 ISABELLA LAKE, CA...... 2,291 2,062 JACK D. MALTESTER CHANNEL, CA (SAN LEANDRO)...... --- 675 LOS ANGELES COUNTY DRAINAGE AREA, CA...... 4,287 3,858 LOWER PETALUMA RIVER, CA...... --- 675 MARINA DEL RAY, CA...... --- 900 MERCED COUNTY STREAMS, CA...... 251 226 MOJAVE RIVER DAM, CA...... 290 261 MORRO BAY HARBOR, CA...... 1,616 1,454 MOSS LANDING HARBOR, CA...... --- 1,328 NAPA RIVER, CA...... --- 675 NEW HOGAN LAKE, CA...... 1,994 1,795 NEW MELONES LAKE, DOWNSTREAM CHANNEL, CA...... 1,634 1,471 NOYO RIVER & HARBOR, CA...... 28 225 OAKLAND HARBOR, CA...... 6,205 5,585 OCEANSIDE HARBOR, CA...... 1,040 936 PILLAR POINT HARBOR, CA...... --- 450 PINE FLAT LAKE, CA...... 2,831 2,548 PINOLE SHOAL MANAGEMENT STUDY, CA...... --- 225 PORT HUENEME, CA...... --- 450 PORT SAN LUIS, CA...... --- 450 PROJECT CONDITION SURVEYS, CA...... 1,891 1,702 REDWOOD CITY HARBOR, CA...... 4,967 4,470 RICHMOND HARBOR, CA...... 7,972 7,175 SACRAMENTO RIVER (BASULE BRIDGE), CA...... --- 900 SACRAMENTO RIVER (30 FOOT PROJECT), CA...... 2,790 2,511 SACRAMENTO RIVER AND TRIBUTARIES (DEBRIS CONTROL), CA. 1,299 1,169 SACRAMENTO RIVER SHALLOW DRAFT CHANNEL, CA...... 119 107 SAN FRANCISCO BAY, DELTA MODEL STRUCTURE, CA...... 1,185 1,067 SAN FRANCISO BAY LONG TERM MANAGEMENT STUDY, CA --- 1,440 SAN FRANCISCO HARBOR AND BAY, CA (DRIFT REMOVAL)...... 2,000 1,800 SAN FRANCISCO HARBOR, CA...... 2,223 2,223 SAN JOAQUIN RIVER, CA...... 2,886 2,597 SAN PABLO BAY AND MARE ISLAND STRAIT, CA...... 3,320 2,988 SANTA ANA RIVER BASIN, CA...... 3,321 2,989 SANTA BARBARA HARBOR, CA...... 1,408 1,267 SCHEDULING RESERVOIR OPERATIONS, CA...... 1,499 1,349 SUCCESS LAKE, CA...... 1,809 1,628 SUISUN BAY CHANNEL, CA...... 5,132 4,619 TERMINUS DAM, LAKE KAWEAH, CA...... 1,692 1,523 UPPER PETALUMA RIVER, CA...... --- 270 VENTURA HARBOR, CA...... 2,200 2,610 YUBA RIVER, CA...... 29 26

COLORADO

BEAR CREEK LAKE, CO...... 407 366 CHATFIELD LAKE, CO...... 1,233 1,710 CHERRY CREEK LAKE, CO...... 1,941 2,346 INSPECTION OF COMPLETED WORKS, CO...... 107 96 JOHN MARTIN RESERVOIR, CO...... 2,926 2,633 SCHEDULING RESERVOIR OPERATIONS, CO...... 590 531 TRINIDAD LAKE, CO...... 1,021 1,519

OPERATION AND MAINTENANCE (AMOUNTS IN THOUSANDS)

BUDGET REQUEST CONFERENCE ------

COMMONWEALTH OF NORTHERN MARIANA ISLANDS ROTA HARBOR, CNMI...... 260 234

CONNECTICUT

BLACK ROCK LAKE, CT...... 592 533 BRIDGEPORT HARBOR, CT...... --- 1,350 CLINTON HARBOR, CT...... --- 225 COLEBROOK RIVER LAKE, CT...... 583 525 HANCOCK BROOK LAKE, CT...... 599 539 HOP BROOK LAKE, CT...... 1,005 905 INSPECTION OF COMPLETED WORKS, CT...... 79 71 MANSFIELD HOLLOW LAKE, CT...... 535 482 NORTH COVE HARBOR, CT...... --- 1,800 NORTHFIELD BROOK LAKE, CT...... 527 474 NORWALK FEDERAL NAVIGATION PROJECT, CT --- 900 PROJECT CONDITION SURVEYS, CT...... 1,000 900 STAMFORD HURRICANE BARRIER, CT...... 417 375 THOMASTON DAM, CT...... 951 856 WEST THOMPSON LAKE, CT...... 724 652

DELAWARE

INTRACOASTAL WATERWAY, DELAWARE R TO CHESAPEAKE BAY, D 11,475 12,000 MISPILLION RIVER, DE...... 20 18 MURDERKILL RIVER, DE...... 20 18 PROJECT CONDITION SURVEYS, DE...... 86 77 WILMINGTON HARBOR, DE...... 3,860 3,474

DISTRICT OF COLUMBIA

INSPECTION OF COMPLETED WORKS, DC...... 9 8 POTOMAC AND ANACOSTIA RIVERS, DC (DRIFT REMOVAL)...... 744 670 PROJECT CONDITION SURVEYS, DC...... 37 33 WASHINGTON HARBOR, DC...... 600 540

FLORIDA

AIWW, NORFOLK, VA TO ST. JOHNS RIVER, FL,GA,SC,NC,VA. --- 450 CANAVERAL HARBOR, FL...... 3,828 4,500 CENTRAL AND SOUTHERN FLORIDA, FL...... 14,213 12,792 ESCAMBIA AND CONECUH RIVERS, FL...... 1,000 900 FERNANDINA HARBOR, FL...... 1,513 1,362 INSPECTION OF COMPLETED WORKS, FL...... 300 270 INTRACOASTAL WATERWAY, CALOOSAHATCHEE TO ANCLOTE, FL.. --- 900 INTRACOASTAL WATERWAY, JACKSONVILLE TO MIAMI, FL...... 250 3,600 JACKSONVILLE HARBOR, FL...... 3,637 3,637 JIM WOODRUFF LOCK AND DAM, LAKE SEMINOLE, FL, AL & GA. 8,188 7,369 MANATEE HARBOR, FL...... 2,000 1,800 MIAMI HARBOR, FL...... 1,530 1,377 MIAMI RIVER, FL...... --- 3,500 OKEECHOBEE WATERWAY, FL...... 2,060 1,854 PALM BEACH HARBOR, FL...... 1,183 1,065 PANAMA CITY HARBOR, FL...... 906 815 PENSACOLA HARBOR, FL...... 1,315 1,184 PROJECT CONDITION SURVEYS, FL...... 1,325 1,193 REMOVAL OF AQUATIC GROWTH, FL...... 2,306 2,075 SCHEDULING RESERVOIR OPERATIONS, FL...... 30 27 ST. PETERSBURG, FL...... --- 300 SUWANEE RIVER, FL...... --- 450 TAMPA HARBOR, FL...... 4,500 10,000

GEORGIA

ALLATOONA LAKE, GA...... 7,322 6,590 APALACHICOLA, CHATTAHOOCHEE AND FLINT RIVERS, GA, AL & 1,050 2,500

OPERATION AND MAINTENANCE (AMOUNTS IN THOUSANDS)

BUDGET REQUEST CONFERENCE ------

ATLANTIC INTRACOASTAL WATERWAY, GA...... 286 257 BRUNSWICK HARBOR, GA...... 2,396 2,396 BUFORD DAM AND LAKE SIDNEY LANIER, GA...... 8,519 7,667 CARTERS DAM AND LAKE, GA...... 10,637 9,573 HARTWELL LAKE, GA & SC...... 16,619 14,957 INSPECTION OF COMPLETED WORKS, GA...... 41 37 J STROM THURMOND LAKE, GA & SC...... 11,047 9,942 PROJECT CONDITION SURVEYS, GA...... 90 81 RICHARD B RUSSELL DAM AND LAKE, GA & SC...... 12,283 11,055 SAVANNAH HARBOR, GA...... 13,521 12,169 WEST POINT DAM AND LAKE, GA & AL...... 11,449 10,304

HAWAII

BARBERS POINT HARBOR, HI...... 231 208 INSPECTION OF COMPLETED WORKS, HI...... 189 170 POHIKI BAY HAWAII, HI...... --- 90 PROJECT CONDITION SURVEYS, HI...... 200 180

IDAHO

ALBENI FALLS DAM, ID...... 1,792 1,613 DWORSHAK DAM AND RESERVOIR, ID...... 2,464 2,464 INSPECTION OF COMPLETED WORKS, ID...... 78 70 LUCKY PEAK LAKE, ID...... 2,567 2,310 SCHEDULING RESERVOIR OPERATIONS, ID...... 430 387

ILLINOIS

CALUMET HARBOR AND RIVER, IL & IN...... 2,900 2,900 CARLYLE LAKE, IL...... 6,745 6,071 CHICAGO HARBOR, IL...... 3,499 3,149 CHICAGO RIVER, IL...... 385 347 FARM CREEK RESERVOIRS, IL...... 214 193 ILLINOIS WATERWAY (MVR PORTION), IL & IN...... 24,702 22,232 ILLINOIS WATERWAY (MVS PORTION), IL & IN...... 1,065 959 INSPECTION OF COMPLETED WORKS, IL...... 631 568 KASKASKIA RIVER NAVIGATION, IL...... 1,189 1,884 LAKE MICHIGAN DIVERSION, IL...... 547 492 LAKE SHELBYVILLE, IL...... 5,186 5,567 MISS RIVER BTWN MO RIVER AND MINNEAPOLIS (MVR PORTION) 48,107 45,366 MISS RIVER BTWN MO RIVER AND MINNEAPOLIS (MVS PORTION) 18,923 17,031 PROJECT CONDITION SURVEYS, IL...... 33 30 REND LAKE, IL...... 5,254 4,729 SURVEILLANCE OF NORTHERN BOUNDARY WATERS, IL...... 114 103 WAUKEGAN HARBOR, IL...... 680 2,680

INDIANA

BROOKVILLE LAKE, IN...... 872 785 BURNS WATERWAY HARBOR, IN...... --- 800 CAGLES MILL LAKE, IN...... 600 540 CECIL M HARDEN LAKE, IN...... 687 618 INDIANA HARBOR, IN...... --- 300 INSPECTION OF COMPLETED WORKS, IN...... 370 333 J EDWARD ROUSH LAKE, IN...... 643 579 MICHIGAN CITY HARBOR, IN...... --- 450 MISSISSINEWA LAKE, IN...... 751 676 MONROE LAKE, IN...... 689 620 PATOKA LAKE, IN...... 619 557 PROJECT CONDITION SURVEYS, IN...... 59 53 SALAMONIE LAKE, IN...... 637 573 SURVEILLANCE OF NORTHERN BOUNDARY WATERS, IN...... 111 100

OPERATION AND MAINTENANCE (AMOUNTS IN THOUSANDS)

BUDGET REQUEST CONFERENCE ------

IOWA

CORALVILLE LAKE, IA...... 2,537 2,283 INSPECTION OF COMPLETED WORKS, IA...... 202 182 MISSOURI RIVER - KENSLERS BEND, NE TO SIOUX CITY, IA.. 152 137 MISSOURI RIVER - RULO TO MOUTH, IA, NE, KS & MO...... 6,475 5,828 MISSOURI RIVER - SIOUX CITY TO RULO, IA & NE...... 2,417 2,175 RATHBUN LAKE, IA...... 2,081 1,873 RED ROCK DAM AND LAKE RED ROCK, IA...... 3,415 3,074 SAYLORVILLE LAKE, IA...... 3,952 4,202

KANSAS

CLINTON LAKE, KS...... 1,987 1,788 COUNCIL GROVE LAKE, KS...... 1,544 1,390 EL DORADO LAKE, KS...... 339 305 ELK CITY LAKE, KS...... 692 623 FALL RIVER LAKE, KS...... 2,154 1,939 HILLSDALE LAKE, KS...... 703 633 INSPECTION OF COMPLETED WORKS, KS...... 85 77 JOHN REDMOND DAM AND RESERVOIR, KS...... 1,081 973 KANOPOLIS LAKE, KS...... 1,634 1,471 MARION LAKE, KS...... 1,551 1,396 MELVERN LAKE, KS...... 1,828 1,645 MILFORD LAKE, KS...... 2,903 2,613 PEARSON - SKUBITZ BIG HILL LAKE, KS...... 1,052 947 PERRY LAKE, KS...... 2,211 1,990 POMONA LAKE, KS...... 1,810 1,629 SCHEDULING RESERVOIR OPERATIONS, KS...... 32 29 TORONTO LAKE, KS...... 402 362 TUTTLE CREEK LAKE, KS...... 2,189 1,970 WILSON LAKE, KS...... 1,509 1,448

KENTUCKY

BARKLEY DAM AND LAKE BARKLEY, KY & TN...... 9,507 8,556 BARREN RIVER LAKE, KY...... 2,102 2,700 BIG SANDY HARBOR, KY...... 1,091 982 BUCKHORN LAKE, KY...... 1,195 1,076 CARR CREEK LAKE, KY...... 1,252 1,652 CAVE RUN LAKE, KY...... 733 660 DEWEY LAKE, KY...... 1,245 1,121 ELVIS STAHR (HICKMAN) HARBOR, KY...... 40 36 FISHTRAP LAKE, KY...... 1,621 1,459 GRAYSON LAKE, KY...... 1,140 1,026 GREEN AND BARREN RIVERS, KY...... 1,178 1,060 GREEN RIVER LAKE, KY...... 1,882 1,694 INSPECTION OF COMPLETED WORKS, KY...... 98 88 LAUREL RIVER LAKE, KY...... 1,814 1,633 MARTINS FORK LAKE, KY...... 599 539 MIDDLESBORO CUMBERLAND RIVER BASIN, KY...... 62 56 NOLIN LAKE, KY...... 1,817 1,635 OHIO RIVER LOCKS AND DAMS, KY, IL, IN & OH...... 32,210 32,210 OHIO RIVER OPEN CHANNEL WORK, KY, IL, IN & OH...... 3,928 3,535 PAINTSVILLE LAKE, KY...... 912 912 PROJECT CONDITION SURVEYS, KY...... 7 6 ROUGH RIVER LAKE, KY...... 1,945 1,751 TAYLORSVILLE LAKE, KY...... 1,149 1,034 WOLF CREEK DAM, LAKE CUMBERLAND, KY...... 5,902 5,312 YATESVILLE LAKE, KY...... 1,070 963

LOUISIANA

ATCHAFALAYA RIVER AND BAYOUS CHENE, BOEUF AND BLACK, L 15,948 15,948 BARATARIA BAY, LA...... --- 1,170 BAYOU BODCAU RESERVOIR, LA...... 1,402 1,262

OPERATION AND MAINTENANCE (AMOUNTS IN THOUSANDS)

BUDGET REQUEST CONFERENCE ------

BAYOU LACOMBE, LA...... --- 450 BAYOU LAFOURCHE AND LAFOURCHE JUMP WATERWAY, LA...... --- 900 BAYOU PIERRE, LA...... 32 29 BAYOU SEGNETTE, LA...... --- 1,305 BAYOU TECHE...... --- 720 CADDO LAKE, LA...... 330 297 CALCASIEU RIVER AND PASS, LA...... 9,032 9,032 FRESHWATER BAYOU, LA...... 1,466 1,319 GULF INTRACOASTAL WATERWAY, LA...... 19,614 17,653 HOUMA NAVIGATION CANAL, LA...... 253 228 INSPECTION OF COMPLETED WORKS, LA...... 856 770 J BENNETT JOHNSTON WATERWAY, LA...... 10,115 11,804 LAKE PROVIDENCE HARBOR, LA...... --- 442 MADISON PARISH PORT, LA...... --- 77 MERMENTAU RIVER, LA...... 2,538 2,284 MISSISSIPPI RIVER, BATON ROUGE TO THE GULF OF MEXICO,. 54,053 48,648 MISSISSIPPI RIVER, GULF OUTLET, LA...... 14,111 --- MISSISSIPPI RIVER OUTLETS AT VENICE, LA...... --- 2,250 PROJECT CONDITION SURVEYS, LA...... 60 54 REMOVAL OF AQUATIC GROWTH, LA...... 2,000 1,800 WALLACE LAKE, LA...... 291 262 WATERWAY FROM EMPIRE TO THE GULF, LA --- 216 WATERWAY FROM INTRACOASTAL WATERWAY TO BAYOU DULAC, LA --- 180

MAINE

BASS HARBOR, ME...... 95 86 CARVERS HARBOR, ME...... 270 243 DISPOSAL AREA MONITORING, ME...... 1,106 995 INSPECTION OF COMPLETED WORKS, ME...... 21 19 INTERNATIONAL ST CROIX RIVER BOARD OF CONTROL, ME..... 17 15 KENNEBEC RIVER, ME...... --- 630 NARRAGAUGAS RIVER, MILBRIDGE, ME...... --- 1,800 PORTLAND HARBOR, ME...... 520 468 PROJECT CONDITION SURVEYS, ME...... 866 779

MARYLAND

BALTIMORE HARBOR AND CHANNELS (50 FOOT), MD...... 15,214 17,293 BALTIMORE HARBOR, MD (DRIFT REMOVAL)...... 326 293 CUMBERLAND, MD AND RIDGELEY, WV...... 126 675 HERRING CREEK, TALL TIMBERS, MD...... --- 405 INSPECTION OF COMPLETED WORKS, MD...... 36 32 JENNINGS RANDOLPH LAKE, MD & WV...... 1,907 1,716 KANPPS HARROWS, MD...... --- 630 NANTICOKE RIVER NORTHWEST FORK, MD...... 240 216 OCEAN CITY HARBOR AND INLET AND SINEPUXENT BAY, MD.... 220 1,710 PROJECT CONDITION SURVEYS, MD...... 379 341 SCHEDULING RESERVOIR OPERATIONS, MD...... 97 87 ST. JEROME CREEK, MD...... --- 850 TILGHMAN ISLAND HARBOR, MD...... --- 405 WICOMICO RIVER, MD...... 500 450

MASSACHUSETTS

AUNT LYDIA COVE, MA...... --- 225 BARRE FALLS DAM, MA...... 637 573 BIRCH HILL DAM, MA...... 607 546 BOSTON HARBOR, MA...... --- 6,750 BUFFUMVILLE LAKE, MA...... 592 533 CAPE COD CANAL, MA...... 8,896 8,006 CHARLES RIVER NATURAL VALLEY STORAGE AREA, MA...... 312 281 CONANT BROOK LAKE, MA...... 362 326 EAST BRIMFIELD LAKE, MA...... 458 412 GREEN HARBOR, MA...... --- 315 HODGES VILLAGE DAM, MA...... 591 532

OPERATION AND MAINTENANCE (AMOUNTS IN THOUSANDS)

BUDGET REQUEST CONFERENCE ------

INSPECTION OF COMPLETED WORKS, MA...... 114 103 KNIGHTVILLE DAM, MA...... 677 609 LITTLEVILLE LAKE, MA...... 541 487 MERRIMACK RIVER, MA...... --- 180 NEW BEDFORD FAIRHAVEN AND ACUSHNET HURRICANE BARRIER,. 337 303 PROJECT CONDITION SURVEYS, MA...... 1,300 1,170 TULLY LAKE, MA...... 595 536 WEST HILL DAM, MA...... 798 718 WESTVILLE LAKE, MA...... 579 521 WEYMOUTH-FORE RIVER, MA...... 3,774 3,397

MICHIGAN

ALPENA HARBOR, MI...... --- 261 ARCADIA HARBOR, MI...... --- 72 CASEVILLE HARBOR, MI...... --- 115 DEDAR RIVER HARBOR, MI --- 495 CHANNELS IN LAKE ST CLAIR, MI...... 183 165 CHARLEVOIX HARBOR, MI...... 89 80 DETROIT RIVER, MI...... 4,347 3,912 FRANKFORT HARBOR, MI...... 37 33 GRAND HAVEN HARBOR, MI...... 1,879 1,691 GRAND MARAIS HARBOR, MI...... 14 1,543 HARBOR BEACH HARBOR, MI...... --- 450 HOLLAND HARBOR, MI...... 1,354 1,219 INSPECTION OF COMPLETED WORKS, MI...... 144 130 KEWEENAW WATERWAY, MI...... 370 333 LAC LA BELLE, MI...... 92 83 LELAND HARBOR, MI --- 79 LITTLE LAKE HARBOR, MI...... --- 167 LUDINGTON HARBOR, MI...... 500 450 MEMOMINEE HARBOR, MI...... --- 400 MONROE HARBOR, MI...... 550 495 MUSKEGON HARBOR, MI...... 525 473 NEW BUFFALO HARBOR, MI...... --- 71 ONTONAGON HARBOR, MI...... --- 300 PENTWATER, MI...... --- 90 PROJECT CONDITION SURVEYS, MI...... 178 160 ROUGE RIVER, MI...... 1,161 1,045 SAGINAW RIVER, MI...... 2,427 2,427 SEBEEAING RIVER, MI...... --- 324 ST CLAIR RIVER, MI...... 920 828 ST JOSEPH HARBOR, MI...... 470 977 ST MARYS RIVER, MI...... 17,134 15,421 SURVEILLANCE OF NORTHERN BOUNDARY WATERS, MI...... 2,314 2,083

MINNESOTA

BIGSTONE LAKE WHETSTONE RIVER, MN & SD...... 164 148 DULUTH - SUPERIOR HARBOR, MN & WI...... 5,081 5,381 INSPECTION OF COMPLETED WORKS, MN...... 129 116 LAC QUI PARLE LAKES, MINNESOTA RIVER, MN...... 363 327 MISS RIVER BTWN MO RIVER AND MINNEAPOLIS (MVP PORTION) 58,073 52,266 ORWELL LAKE, MN...... 261 235 PROJECT CONDITION SURVEYS, MN...... 67 60 RED LAKE RESERVOIR, MN...... 320 288 RESERVOIR PLAN OPERATING EVALUATION, MN...... --- 360 RESERVOIRS AT HEADWATERS OF MISSISSIPPI RIVER, MN..... 2,263 2,037 SURVEILLANCE OF NORTHERN BOUNDARY WATERS, MN...... 310 279 WARROAD HARBOR, MN...... --- 225

MISSISSIPPI

CLAIRBORNE COUNTY PORT, MS...... --- 56 EAST FORK, TOMBIGBEE RIVER, MS...... 102 153 GULFPORT HARBOR, MS...... 2,500 3,600

OPERATION AND MAINTENANCE (AMOUNTS IN THOUSANDS)

BUDGET REQUEST CONFERENCE ------

INSPECTION OF COMPLETED WORKS, MS...... 57 51 MOUTH OF THE YAZOO RIVER, MS...... --- 99 OKATIBBEE LAKE, MS...... 1,680 2,300 PASCAGOULA HARBOR, MS...... 5,156 4,640 PEARL RIVER, MS & LA...... 276 248 PROJECT CONDITION SURVEYS, MS...... 181 163 ROSEDALE HARBOR, MS...... --- 522 YAZOO RIVER, MS...... --- 126

MISSOURI

CARUTHERSVILLE HARBOR, MO...... 23 315 CLARENCE CANNON DAM AND MARK TWAIN LAKE, MO...... 6,107 5,496 CLEARWATER LAKE, MO...... 2,677 2,409 HANNIBAL, MO...... --- 68 HARRY S TRUMAN DAM AND RESERVOIR, MO...... 9,140 8,226 INSPECTION OF COMPLETED WORKS, MO...... 768 691 LITTLE BLUE RIVER LAKES, MO...... 730 657 LONG BRANCH LAKE, MO...... 848 763 MISS RIVER BTWN THE OHIO AND MO RIVERS (REG WORKS), MO 29,559 26,603 NEW MADRID HARBOR, MO...... --- 360 POMME DE TERRE LAKE, MO...... 1,963 1,767 PROJECT CONDITION SURVEYS, MO...... 7 6 SCHEDULING RESERVOIR OPERATIONS, MO...... 319 287 SMITHVILLE LAKE, MO...... 1,237 1,113 SOUTHEAST MISSOURI PORT, MISSISSIPPI RIVER, MO...... --- 315 STOCKTON LAKE, MO...... 3,742 3,368 TABLE ROCK LAKE, MO...... 7,556 7,556 UNION LAKE, MO...... 6 5

MONTANA

FT PECK DAM AND LAKE, MT...... 4,154 4,854 INSPECTION OF COMPLETED WORKS, MT...... 19 17 LIBBY DAM, LAKE KOOCANUSA, MT...... 2,189 1,970 SCHEDULING RESERVOIR OPERATIONS, MT...... 87 78

NEBRASKA

GAVINS POINT DAM, LEWIS AND CLARK LAKE, NE & SD...... 8,231 7,408 HARLAN COUNTY LAKE, NE...... 1,863 1,677 HARLAN COUNTY LAKE DAM SAFETY STUDY, NE...... --- 320 INSPECTION OF COMPLETED WORKS, NE...... 102 92 MISSOURI R MASTER WTR CONTROL MANUAL, NE, IA, KS, MO,. 203 183 PAPILLION CREEK AND TRIBUTARIES LAKES, NE...... 625 563 SALT CREEK AND TRIBUTARIES, NE...... 845 761

NEVADA

INSPECTION OF COMPLETED WORKS, NV...... 46 46 MARTIS CREEK LAKE, NV & CA...... 586 586 PINE AND MATHEWS CANYONS LAKES, NV...... 214 214

NEW HAMPSHIRE

BLACKWATER DAM, NH...... 644 580 COCHECO RIVER...... --- 1,800 EDWARD MACDOWELL LAKE, NH...... 555 500 FRANKLIN FALLS DAM, NH...... 768 691 HOPKINTON - EVERETT LAKES, NH...... 1,228 1,105 INSPECTION OF COMPLETED WORKS, NH...... 12 11 OTTER BROOK LAKE, NH...... 806 725 PORTSMOUTH HARBOR/PISCATAQUA RIVER, NH...... --- 450 PROJECT CONDITION SURVEYS, NH...... 300 270 SURRY MOUNTAIN LAKE, NH...... 736 662

OPERATION AND MAINTENANCE (AMOUNTS IN THOUSANDS)

BUDGET REQUEST CONFERENCE ------

NEW JERSEY

ABSECON INLET...... --- 99 BARNEGAT INLET, NJ...... 95 450 COLD SPRING INLET, NJ...... 540 795 DELAWARE RIVER AT CAMDEN, NJ...... 10 9 DELAWARE RIVER, PHILADELPHIA TO THE SEA, NJ, PA & DE.. 20,465 18,419 DELAWARE RIVER, PHILADELPHIA, PA TO TRENTON, NJ...... 720 648 INSPECTION OF COMPLETED WORKS, NJ...... 106 95 MANASQUAN RIVER, NJ...... 510 459 NEWARK BAY, HACKENSACK AND PASSAIC RIVERS, NJ...... 8,120 7,308 NEW JERSEY INTRACOASTAL WATERWAY...... --- 1,125 PASSAIC RIVER FLOOD WARNING SYSTEMS, NJ...... 450 450 PROJECT CONDITION SURVEYS, NJ...... 1,675 1,508 RARITAN RIVER TO ARTHUR KILL CUT-OFF, NJ...... 150 135 RARITAN RIVER, NJ...... 2,500 2,250 SALEM RIVER, NJ...... --- 869 SAVOY HOOK AT LEONARDO, NJ...... --- 135 SHARK RIVER, NJ...... 80 207 SHREWSBURY RIVER MAIN CHANNEL, NJ...... --- 360

NEW MEXICO

ABIQUIU DAM, NM...... 3,168 3,168 ALBUQUERQUE LEVEES, NM...... --- 2,000 COCHITI LAKE, NM...... 3,726 4,426 CONCHAS LAKE, NM...... 1,579 2,579 GALISTEO DAM, NM...... 779 779 INSPECTION OF COMPLETED WORKS, NM...... 221 221 JEMEZ CANYON DAM, NM...... 3,561 5,061 RIO GRANDE BOSQUE REHABILITATION, NM...... --- 4,000 SANTA ROSA DAM AND LAKE, NM...... 1,213 1,092 SCHEDULING RESERVOIR OPERATIONS, NM...... 1,221 1,099 TWO RIVERS DAM, NM...... 552 552 UPPER RIO GRANDE WATER OPERATIONS MODEL, NM...... --- 2,500

NEW YORK

ALMOND LAKE, NY...... 509 458 ARKPORT DAM, NY...... 294 265 BLACK ROCK CHANNEL AND TONAWANDA HARBOR, NY...... 1,308 1,177 BROWNS CREEK, NY...... 100 90 BUFFALO HARBOR, NY...... 1,030 927 BUTTERMILK CHANNEL, NY...... 60 54 EAST RIVER, NY...... 1,350 1,215 EAST ROCKAWAY INLET, NY...... 140 126 EAST SIDNEY LAKE, NY...... 517 465 EASTCHESTER CREEK, NY...... 100 90 FIRE ISLAND INLET TO JONES INLET, NY...... 220 198 FLUSHING BAY AND CREEK, NY...... 150 135 GREAT SOUTH BAY, NY...... 200 180 HUDSON RIVER CHANNEL, NY...... 350 315 HUDSON RIVER, NY (MAINT)...... 1,794 1,615 HUDSON RIVER, NY (O&C)...... 1,090 981 INSPECTION OF COMPLETED WORKS, NY...... 659 593 JAMAICA BAY, NY...... 140 126 LONG ISLAND INTRACOASTAL WATERWAY, NY...... 200 180 MORICHES INLET, NY...... 80 72 MT MORRIS LAKE, NY...... 3,845 3,461 NEW YORK AND NEW JERSEY CHANNELS, NY...... 7,200 6,480 NEW YORK HARBOR, NY...... 3,410 3,069 NEW YORK HARBOR, NY & NJ (DRIFT REMOVAL)...... 4,400 3,960 NEW YORK HARBOR, NY AND NJ (PREV OF OBSTRUCTIVE DEPOSIT)...... --- 855 PROJECT CONDITION SURVEYS, NY...... 1,310 1,179 SHINNECOCK INLET, NY...... 120 108

OPERATION AND MAINTENANCE (AMOUNTS IN THOUSANDS)

BUDGET REQUEST CONFERENCE ------

SOUTHERN NEW YORK FLOOD CONTROL PROJECTS, NY...... 662 596 SURVEILLANCE OF NORTHERN BOUNDARY WATERS, NY...... 710 639 WHITNEY POINT LAKE, NY...... 678 610

NORTH CAROLINA

ATLANTIC INTRACOASTAL WATERWAY, NC...... 860 1,389 B EVERETT JORDAN DAM AND LAKE, NC...... 1,849 1,664 CAPE FEAR RIVER ABOVE WILMINGTON, NC...... 635 572 CAROLINA BEACH INLET, NC...... --- 495 FALLS LAKE, NC...... 2,097 1,887 INSPECTION OF COMPLETED WORKS, NC...... 35 32 LOCKWOODS FOLLY RIVER, NC...... --- 855 MANTEO (SHALLOWBAG) BAY, NC...... 7,855 7,855 MASONBORO INLET AND CONNECTING CHANNELS, NC...... 3,700 3,330 MOREHEAD CITY HARBOR, NC...... 3,575 3,218 NEW RIVER INLET, NC...... --- 945 NEW TOPSAIL INLET AND CONNECTING CHANNELS, NC...... --- 608 PROJECT CONDITION SURVEYS, NC...... 226 203 SILVER LAKE HARBOR, NC...... 1,540 1,386 W KERR SCOTT DAM AND RESERVOIR, NC...... 2,817 2,535 WILMINGTON HARBOR, NC...... 13,963 12,567

NORTH DAKOTA

BOWMAN - HALEY LAKE, ND...... 156 140 GARRISON DAM, LAKE SAKAKAWEA, ND...... 13,266 13,366 HOMME LAKE, ND...... 266 239 INSPECTION OF COMPLETED WORKS, ND...... 85 77 LAKE ASHTABULA AND BALDHILL DAM, ND...... 1,242 1,118 PIPESTEM LAKE, ND...... 459 413 SCHEDULING RESERVOIR OPERATIONS, ND...... 117 105 SOURIS RIVER, ND...... 422 380 SURVEILLANCE OF NORTHERN BOUNDARY WATERS, ND...... 31 28

OHIO

ALUM CREEK LAKE, OH...... 948 853 ASHTABULA HARBOR, OH...... 1,063 957 BERLIN LAKE, OH...... 1,544 1,390 CAESAR CREEK LAKE, OH...... 1,222 1,100 CLARENCE J BROWN DAM, OH...... 1,358 1,358 CLEVELAND HARBOR, OH...... 3,305 2,975 CONNEAUT HARBOR, OH...... 2,315 2,084 DEER CREEK LAKE, OH...... 815 734 DELAWARE LAKE, OH...... 794 715 DILLON LAKE, OH...... 1,790 1,611 HURON HARBOR, OH...... --- 95 INSPECTION OF COMPLETED WORKS, OH...... 280 252 LORAIN HARBOR, OH...... 600 540 MASSILLON LOCAL PROTECTION PROJECT, OH...... 25 23 MICHAEL J KIRWAN DAM AND RESERVOIR, OH...... 718 646 MOSQUITO CREEK LAKE, OH...... 717 645 MUSKINGUM RIVER LAKES, OH...... 6,754 6,079 NORTH BRANCH KOKOSING RIVER LAKE, OH...... 125 113 PAINT CREEK LAKE, OH...... 721 649 PROJECT CONDITION SURVEYS, OH...... 240 216 ROSEVILLE LOCAL PROTECTION PROJECT, OH...... 30 27 SANDUSKY HARBOR, OH...... 890 801 SURVEILLANCE OF NORTHERN BOUNDARY WATERS, OH...... 170 153 TOLEDO HARBOR, OH...... 3,682 3,314 TOM JENKINS DAM, OH...... 290 261 WEST FORK OF MILL CREEK LAKE, OH...... 403 363 WILLIAM H HARSHA LAKE, OH...... 710 639

OPERATION AND MAINTENANCE (AMOUNTS IN THOUSANDS)

BUDGET REQUEST CONFERENCE ------

OKLAHOMA

ARCADIA LAKE, OK...... 429 386 BIRCH LAKE, OK...... 475 428 BROKEN BOW LAKE, OK...... 1,493 1,344 CANTON LAKE, OK...... 1,723 1,551 COPAN LAKE, OK...... 1,511 1,360 EUFAULA LAKE, OK...... 5,312 4,781 FORT GIBSON LAKE, OK...... 5,053 4,548 FORT SUPPLY LAKE, OK...... 733 660 GREAT SALT PLAINS LAKE, OK...... 166 149 HEYBURN LAKE, OK...... 529 476 HUGO LAKE, OK...... 1,451 1,306 HULAH LAKE, OK...... 626 675 INSPECTION OF COMPLETED WORKS, OK...... 88 79 KAW LAKE, OK...... 2,378 2,140 KEYSTONE LAKE, OK...... 4,300 3,870 OOLOGAH LAKE, OK...... 1,955 1,760 OPTIMA LAKE, OK...... 61 55 PENSACOLA RESERVOIR, LAKE OF THE CHEROKEES, OK...... 57 51 PINE CREEK LAKE, OK...... 857 771 ROBERT S KERR LOCK AND DAM AND RESERVOIRS, OK...... 4,517 4,065 SARDIS LAKE, OK...... 1,192 1,073 SCHEDULING RESERVOIR OPERATIONS, OK...... 508 457 SKIATOOK LAKE, OK...... 1,086 977 TENKILLER FERRY LAKE, OK...... 2,998 2,698 WAURIKA LAKE, OK...... 1,528 1,375 WEBBERS FALLS LOCK AND DAM, OK...... 4,815 4,334 WISTER LAKE, OK...... 460 414

OREGON

APPLEGATE LAKE, OR...... 595 536 BLUE RIVER LAKE, OR...... 312 281 BONNEVILLE LOCK AND DAM, OR & WA...... 7,792 7,013 CHETCO RIVER, OR...... 348 313 COLUMBIA & LWR WILLAMETTE R BLW VANCOUVER, WA & PORTLA 16,829 17,579 COLUMBIA RIVER AT THE MOUTH, OR & WA...... 10,186 27,186 COLUMBIA RIVER BETWEEN VANCOUVER, WA AND THE DALLES, O 254 229 COOS BAY, OR...... 4,594 4,135 COQUILLE RIVER, OR...... --- 313 COTTAGE GROVE LAKE, OR...... 780 702 COUGAR LAKE, OR...... 766 689 DEPOE BAY, OR...... --- 360 DETROIT LAKE, OR...... 729 656 DORENA LAKE, OR...... 613 552 FALL CREEK LAKE, OR...... 555 500 FERN RIDGE LAKE, OR...... 966 869 GREEN PETER - FOSTER LAKES, OR...... 1,186 1,067 HILLS CREEK LAKE, OR...... 3,807 3,426 INSPECTION OF COMPLETED WORKS, OR...... 167 150 JOHN DAY LOCK AND DAM, OR & WA...... 4,692 4,223 LOOKOUT POINT LAKE, OR...... 1,272 1,145 LOST CREEK LAKE, OR...... 5,096 4,586 MCNARY LOCK AND DAM, OR & WA...... 7,129 6,416 PORT ORFORD, OR...... --- 651 PROJECT CONDITION SURVEYS, OR...... 177 159 ROGUE RIVER AT GOLD BEACH, OR...... 394 355 SCHEDULING RESERVOIR OPERATIONS, OR...... 62 56 SIUSLAW RIVER, OR...... 449 404 SURVEILLANCE OF NORTHERN BOUNDARY WATERS, OR...... 134 121 TILLAMOOK BAY AND BAR, OR (PORT OF GARIBALDI)...... --- 1,350 UMPQUA RIVER, OR...... --- 611 WILLAMETTE RIVER AT WILLAMETTE FALLS, OR...... 72 65 WILLAMETTE RIVER BANK PROTECTION, OR...... 80 72 WILLOW CREEK LAKE, OR...... 538 484

OPERATION AND MAINTENANCE (AMOUNTS IN THOUSANDS)

BUDGET REQUEST CONFERENCE ------

YAQUINA BAY AND HARBOR, OR...... 1,006 905

PENNSYLVANIA

ALLEGHENY RIVER, PA...... 4,393 3,954 ALVIN R BUSH DAM, PA...... 727 654 AYLESWORTH CREEK LAKE, PA...... 251 226 BELTZVILLE LAKE, PA...... 1,026 923 BLUE MARSH LAKE, PA...... 2,662 2,396 CONEMAUGH RIVER LAKE, PA...... 1,074 967 COWANESQUE LAKE, PA...... 2,793 2,514 CROOKED CREEK LAKE, PA...... 1,033 930 CURWENSVILLE LAKE, PA...... 717 645 EAST BRANCH CLARION RIVER LAKE, PA...... 799 719 FOSTER JOSEPH SAYERS DAM, PA...... 745 671 FRANCIS E WALTER DAM, PA...... 731 658 GENERAL EDGAR JADWIN DAM AND RESERVOIR, PA...... 249 224 INSPECTION OF COMPLETED WORKS, PA...... 196 176 JOHNSTOWN, PA...... 1,603 1,603 KINZUA DAM AND ALLEGHENY RESERVOIR, PA...... 1,147 1,447 LOYALHANNA LAKE, PA...... 785 707 MAHONING CREEK LAKE, PA...... 946 851 MONONGAHELA RIVER, PA...... 17,138 17,138 OHIO RIVER LOCKS AND DAMS, PA, OH & WV...... 18,362 18,362 PROJECT CONDITION SURVEYS, PA...... 30 27 PROMPTON LAKE, PA...... 483 435 PUNXSUTAWNEY, PA...... 13 12 RAYSTOWN LAKE, PA...... 5,449 5,849 SCHEDULING RESERVOIR OPERATIONS, PA...... 66 59 SCHUYLKILL RIVER, PA...... 70 63 SHENANGO RIVER LAKE, PA...... 1,831 1,648 STILLWATER LAKE, PA...... 386 900 SURVEILLANCE OF NORTHERN BOUNDARY WATERS, PA...... 80 72 TIOGA - HAMMOND LAKES, PA...... 3,365 3,029 TIONESTA LAKE, PA...... 1,331 1,198 UNION CITY LAKE, PA...... 147 132 WOODCOCK CREEK LAKE, PA...... 714 643 YORK INDIAN ROCK DAM, PA...... 556 500 YOUGHIOGHENY RIVER LAKE, PA & MD...... 2,124 1,912

PUERTO RICO

SAN JUAN HARBOR, PR...... 1,800 1,620

RHODE ISLAND

BULLOCKS POINT COVE, RI...... --- 630 BLOCK ISLAND HARBOR, RI...... --- 108 INSPECTION OF COMPLETED WORKS, RI...... 15 14 PAWTUXET COVE, RI...... --- 1,440 PROJECT CONDITION SURVEYS, RI...... 400 360

SOUTH CAROLINA

ATLANTIC INTRACOASTAL WATERWAY, SC...... 467 2,000 CHARLESTON HARBOR, SC...... 11,038 9,934 COOPER RIVER, CHARLESTON HARBOR, SC...... 2,905 2,615 FOLLY RIVER, SC...... 987 888 GEORGETOWN HARBOR, SC...... 1,342 3,600 INSPECTION OF COMPLETED WORKS, SC...... 30 27 PROJECT CONDITION SURVEYS, SC...... 349 314 TOWN CREEK, SC...... --- 413

SOUTH DAKOTA

BIG BEND DAM, LAKE SHARPE, SD...... 7,577 6,819

OPERATION AND MAINTENANCE (AMOUNTS IN THOUSANDS)

BUDGET REQUEST CONFERENCE ------

CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX, SD..... --- 2,000 COLD BROOK LAKE, SD...... 275 248 COTTONWOOD SPRINGS LAKE, SD...... 192 173 FORT RANDALL DAM, LAKE FRANCIS CASE, SD...... 9,635 8,672 INSPECTION OF COMPLETED WORKS, SD...... 17 15 LAKE TRAVERSE, SD & MN...... 434 391 MISSOURI R BETWEEN FORT PECK DAM AND GAVINS PT, SD, MT 350 315 OAHE DAM, LAKE OAHE, SD & ND...... 11,421 10,279 SCHEDULING RESERVOIR OPERATIONS, SD...... 52 47

TENNESSEE

CENTER HILL LAKE, TN...... 6,397 6,397 CHEATHAM LOCK AND DAM, TN...... 5,103 5,103 CHICKAMAUGA LOCK, TN...... 2,430 2,430 CORDELL HULL DAM AND RESERVOIR, TN...... 6,226 6,226 DALE HOLLOW LAKE, TN...... 5,531 5,531 INSPECTION OF COMPLETED WORKS, TN...... 137 137 J PERCY PRIEST DAM AND RESERVOIR, TN...... 3,738 3,738 OLD HICKORY LOCK AND DAM, TN...... 6,385 6,385 PROJECT CONDITION SURVEYS, TN...... 7 7 TENNESSEE RIVER, TN...... 18,537 18,537 WOLF RIVER HARBOR, TN...... 23 486

TEXAS

AQUILLA LAKE, TX...... 1,108 997 ARKANSAS - RED RIVER BASINS CHLORIDE CONTROL - AREA VI 1,051 946 BARDWELL LAKE, TX...... 1,538 1,384 BAYPORT SHIP CHANNEL, TX...... 2,875 2,588 BELTON LAKE, TX...... 3,041 2,737 BENBROOK LAKE, TX...... 2,097 1,887 BRAZOS ISLAND HARBOR, TX...... 3,775 3,398 BUFFALO BAYOU AND TRIBUTARIES, TX...... 2,875 2,588 CANYON LAKE, TX...... 3,667 3,300 CHOCOLATE BAYOU, TX...... --- 1,800 CORPUS CHRISTI SHIP CHANNEL, TX...... 3,900 3,510 DENISON DAM, LAKE TEXOMA, TX...... 5,569 5,012 ESTELLINE SPRINGS EXPERIMENTAL PROJECT, TX...... 5 5 FERRELLS BRIDGE DAM, LAKE O' THE PINES, TX...... 3,075 2,768 FREEPORT HARBOR, TX...... 3,610 3,249 GALVESTON HARBOR AND CHANNEL, TX...... 4,800 4,320 GIWW, CHANNEL TO VICTORIA, TX...... 6,975 6,278 GRANGER DAM AND LAKE, TX...... 2,004 1,804 GRAPEVINE LAKE, TX...... 3,349 3,349 GULF INTRACOASTAL WATERWAY, TX...... 29,312 26,381 HORDS CREEK LAKE, TX...... 1,665 1,499 HOUSTON SHIP CHANNEL, TX...... 3,261 11,056 INSPECTION OF COMPLETED WORKS, TX...... 557 501 JIM CHAPMAN LAKE, TX...... 2,897 2,607 JOE POOL LAKE, TX...... 1,023 921 LAKE KEMP, TX...... 422 380 LAVON LAKE, TX...... 3,885 3,497 LEWISVILLE DAM, TX...... 4,290 4,290 MATAGORDA SHIP CHANNEL, TX...... 8,700 7,830 NAVARRO MILLS LAKE, TX...... 2,353 2,118 NORTH SAN GABRIEL DAM AND LAKE GEORGETOWN, TX...... 2,320 2,088 O C FISHER DAM AND LAKE, TX...... 1,260 1,134 PAT MAYSE LAKE, TX...... 1,266 1,139 PROCTOR LAKE, TX...... 2,221 1,999 PROJECT CONDITION SURVEYS, TX...... 50 45 RAY ROBERTS LAKE, TX...... 1,070 963 SABINE - NECHES WATERWAY, TX...... 13,478 12,130 SAM RAYBURN DAM AND RESERVOIR, TX...... 11,578 10,420 SCHEDULING RESERVOIR OPERATIONS, TX...... 84 76 SOMERVILLE LAKE, TX...... 3,068 3,068

OPERATION AND MAINTENANCE (AMOUNTS IN THOUSANDS)

BUDGET REQUEST CONFERENCE ------

STILLHOUSE HOLLOW DAM, TX...... 1,951 1,756 TEXAS CITY SHIP CHANNEL, TX...... 2,150 2,250 TEXAS WATER ALLOCATION ASSESSMENT, TX...... 500 1,440 TOWN BLUFF DAM, B A STEINHAGEN LAKE, TX...... 3,995 3,596 WACO LAKE, TX...... 3,295 2,966 WALLISVILLE LAKE, TX...... 1,662 1,496 WHITNEY LAKE, TX...... 5,603 6,803 WRIGHT PATMAN DAM AND LAKE, TX...... 3,416 3,074

UTAH

INSPECTION OF COMPLETED WORKS, UT...... 40 36 SCHEDULING RESERVOIR OPERATIONS, UT...... 631 568

VERMONT

BALL MOUNTAIN LAKE, VT...... 801 721 CONNECTICUT RIVER FLOOD CONTROL DAMS...... --- 450 INSPECTION OF COMPLETED WORKS, VT...... 45 41 NORTH HARTLAND LAKE, VT...... 706 635 NORTH SPRINGFIELD LAKE, VT...... 892 803 TOWNSHEND LAKE, VT...... 786 707 UNION VILLAGE DAM, VT...... 684 616

VIRGINIA

APPOMATTOX RIVER, VA...... --- 450 ATLANTIC INTRACOASTAL WATERWAY - ACC, VA...... 1,670 1,503 ATLANTIC INTRACOASTAL WATERWAY - DSC, VA...... 275 850 BENNETTS CREEK, VA...... --- 317 CHINCOTEAGUE INLET, VA...... 900 810 GATHRIGHT DAM AND LAKE MOOMAW, VA...... 2,084 1,876 HAMPTON RDS, NORFOLK & NEWPORT NEWS HBR, VA (DRIFT REM 825 743 INSPECTION OF COMPLETED WORKS, VA...... 127 114 JAMES RIVER CHANNEL, VA...... 3,295 2,966 JOHN H KERR LAKE, VA & NC...... 11,513 10,362 JOHN W FLANNAGAN DAM AND RESERVOIR, VA...... 1,435 1,292 NORFOLK HARBOR, VA...... 11,203 13,205 NORTH FORK OF POUND RIVER LAKE, VA...... 346 311 PHILPOTT LAKE, VA...... 5,391 4,852 PROJECT CONDITION SURVEYS, VA...... 793 714 RUDEE INLET, VA...... 635 1,148 TANGIER CHANNEL, VA...... 600 540 WATERWAY ON THE COAST OF VIRGINIA, VA...... 200 180

WASHINGTON

CHIEF JOSEPH DAM, WA...... 2,419 2,177 COLUMBIA RIVER AT BAKER BAY, WA (PORT OF ILWACO)...... --- 600 COLUMBIA RIVER BETWEEN CHINOOK AND THE HEAD OF SAND... --- 600 EVERETT HARBOR AND SNOHOMISH RIVER, WA...... 1,508 1,357 GRAYS HARBOR AND CHEHALIS RIVER, WA...... 8,582 9,000 HOWARD HANSON DAM, WA...... 2,481 2,233 ICE HARBOR LOCK AND DAM, WA...... 5,670 5,103 INSPECTION OF COMPLETED WORKS, WA...... 311 280 LAKE CROCKETT (KEYSTONE HARBOR), WA...... 342 308 LAKE WASHINGTON SHIP CANAL, WA...... 4,387 6,480 LITTLE GOOSE LOCK AND DAM, WA...... 2,165 1,949 LOWER GRANITE LOCK AND DAM, WA...... 2,422 2,180 LOWER MONUMENTAL LOCK AND DAM, WA...... 1,996 1,796 MILL CREEK LAKE, WA...... 1,041 937 MT ST HELENS SEDIMENT CONTROL, WA...... 257 231 MUD MOUNTAIN DAM, WA...... 2,516 3,419 NEAH BA, WA...... --- 900 OLYMPIA HARBOR, WA...... 400 360 PROJECT CONDITION SURVEYS, WA...... 403 363

OPERATION AND MAINTENANCE (AMOUNTS IN THOUSANDS)

BUDGET REQUEST CONFERENCE ------

PUGET SOUND AND TRIBUTARY WATERS, WA...... 864 778 QUILLAYUTE RIVER, WA...... 58 52 SCHEDULING RESERVOIR OPERATIONS, WA...... 485 437 SEATTLE HARBOR, WA...... 555 500 STILLAGUAMISH RIVER, WA...... 226 203 SURVEILLANCE OF NORTHERN BOUNDARY WATERS, WA...... 66 59 TACOMA, PUYALLUP RIVER, WA...... 112 101 THE DALLES LOCK AND DAM, WA & OR...... 3,667 3,877 WILLAPA RIVER AND HARBOR, WA...... 158 142

WEST VIRGINIA

BEECH FORK LAKE, WV...... 1,014 913 BLUESTONE LAKE, WV...... 3,828 3,445 BURNSVILLE LAKE, WV...... 1,517 1,365 EAST LYNN LAKE, WV...... 1,799 1,619 ELK RIVER HARBOR, WV...... 10 9 ELKINS, WV...... 16 14 INSPECTION OF COMPLETED WORKS, WV...... 117 105 KANAWHA RIVER LOCKS AND DAMS, WV...... 13,661 13,661 OHIO RIVER LOCKS AND DAMS, WV, KY & OH...... 19,530 20,530 OHIO RIVER OPEN CHANNEL WORK, WV, KY & OH...... 2,019 2,519 R D BAILEY LAKE, WV...... 1,515 1,364 STONEWALL JACKSON LAKE, WV...... 640 576 SUMMERSVILLE LAKE, WV...... 1,657 1,491 SUTTON LAKE, WV...... 1,788 1,609 TYGART LAKE, WV...... 2,950 2,655

WISCONSIN

ASHLAND HARBAR, WI --- 149 EAU GALLE RIVER LAKE, WI...... 647 582 FOX RIVER, WI...... 1,748 1,573 GREEN BAY HARBOR, WI...... 2,476 2,228 INSPECTION OF COMPLETED WORKS, WI...... 40 36 KEWAUNEE HARBOR, WI...... --- 259 MANITOWOC HARBOR, WI...... --- 405 MILWAUKEE HARBOR, WI...... 844 760 PORT WASHINGTON HARBOR, WI...... --- 192 PROJECT CONDITION SURVEYS, WI...... 105 95 STURGEON BAY HARBOR AND LAKE MICHIGAN SHIP CANAL, WI.. --- 231 SURVEILLANCE OF NORTHERN BOUNDARY WATERS, WI...... 472 425 TWO RIVERS HARBOR, WI...... --- 378

WYOMING

INSPECTION OF COMPLETED WORKS, WY...... 11 10 JACKSON HOLE LEVEES, WY...... 1,094 985 SCHEDULING RESERVOIR OPERATIONS, WY...... 86 77

MISCELLANEOUS

AQUATIC NUISANCE CONTROL RESEARCH...... 690 621 COASTAL INLET RESEARCH PROGRAM...... 2,475 2,228 CULTURAL RESOURCES (NAGPRA/CURATION)...... 1,391 1,252 DREDGE WHEELER READY RESERVE...... 8,000 8,000 DREDGING DATA AND LOCK PERFORMANCE MONITORING SYSTEM.. 1,062 956 DREDGING OPERATIONS AND ENVIRONMENTAL RESEARCH (DOER). 6,080 5,472 DREDGING OPERATIONS TECHNICAL SUPPORT PROGRAM (DOTS).. 1,391 1,252 EARTHQUAKE HAZARDS REDUCTION PROGRAM...... 270 270 FACILITY PROTECTION...... 12,000 12,000 GREAT LAKES SEDIMENT TRANSPORT MODELS...... 900 810 HARBOR MAINTENANCE FEE DATA COLLECTION...... 608 547 INLAND WATERWAY NAVIGATION CHARTS...... 3,708 3,337 LONG TERM OPTION ASSESSMENT FOR LOW USE NAVIGATION.... 1,500 --- MONITORING OF COMPLETED NAVIGATION PROJECTS...... 1,575 1,418

OPERATION AND MAINTENANCE (AMOUNTS IN THOUSANDS)

BUDGET REQUEST CONFERENCE ------

NATIONAL DAM SAFETY PROGRAM...... 250 250 NATIONAL DAM SECURITY PROGRAM...... 31 31 NATIONAL EMERGENCY PREPAREDNESS PROGRAM (NEPP)...... 5,000 5,000 NATIONAL LEWIS AND CLARK COMMEMORATION COORDINATION... 319 287 PERFORMANCE BASED BUDGETING SUPPORT PROGRAM...... 2,540 661 PROGRAM DEVELOPMENT TECHNICAL SUPPORT (ABS-P2)...... 250 225 PROTECT, CLEAR AND STRAIGHTEN CHANNELS (SEC 3)...... 45 41 RECREATION MANAGEMENT SUPPORT PROGRAM (RMSP)...... 1,600 1,440 REGIONAL SEDIMENT MANAGEMENT DEMONSTRATION PROGRAM.... 1,391 8,500 RELIABILITY MODELS PROGRAM FOR MAJOR REHABILITATION... 608 605 REMOVAL OF SUNKEN VESSELS...... 500 775 RESERVE FOR KEY EMERGENCY MAINTENANCE/REPAIRS...... 20,000 --- WATER OPERATIONS TECHNICAL SUPPORT (WOTS)...... 653 588 WATERBORNE COMMERCE STATISTICS...... 4,271 3,844 REDUCTION FOR ANTICIPATED SAVINGS AND SLIPPAGE...... -12,766 ------TOTAL, OPERATION AND MAINTENANCE...... 1,979,000 1,989,000 November 7, 2005 CONGRESSIONAL RECORD — HOUSE H9883 Emergency maintenance, restoration and re- authorized. The conferees support this Remaining items, regional sediment manage- pairs.—The conference agreement does not intiative and urge the parties to reach an ment support program.—Within the funds pro- include a reserve fund for emergency mainte- agreement as soon as possible. vided, the amounts are to be allocated as fol- nance, restoration and repairs. Further, the Duluth-Superior Harbor, Minnesota and Wis- lows: conferees direct the Corps to discontinue the consin.—Within the funds provided for Du- Fletcher Cove, Solona practice of taxing all operation and mainte- luth-Superior Harbor, $300,000 shall be avail- Beach, California ...... $300,000 able for a freshwater corrosion study. nance projects each year to create an emer- Southeast Coast of Oahu, Albuquerque levees, New Mexico.—The con- gency reserve fund, from which funds have Hawaii ...... 400,000 ference agreement includes funds to assess been expended by the Corps without knowl- Littoral Drift Restoration impacts and to make immediate repairs to edge or approval from the House and Senate Program, Benson Beach, levees. Committees on Appropriations. Beginning in WA ...... 1,584,000 Conchas Lake, New Mexico.—Additional fiscal year 2006, the conferees expect the Lido Key, Sarasota, and vi- funds have been provided for rehabilitation Corps to allocate funds by project on a quar- cinity and central and of public use facilities. terly basis across all its accounts (as dis- southern Brevard County Upper Rio Grande Water Operations Model, cussed earlier in this statement). This action to Dade ...... 325,000 New Mexico.—Within the funds provided, will enable the Corps to address any identi- South Jetty and Clatsop $500,000 is for New Mexico photographic map- fied unforeseen requirements, consistent Spit, Oregon ...... 300,000 with the reprogramming guidelines con- ping to be conducted utilizing the Corps’ Coastal zone mapping and tained in this Act. In addition, the Corps Center of Expertise for Photogrammetric imaging laser, University shall provide to the House and Senate Com- Mapping in St. Louis. of Southern Mississippi .. 4,500,000 mittees on Appropriations within 30 days of Garrison Dam and Lake Sakakawea, North enactment of this Act the definition of quali- Dakota.—Within the funds provided, $250,000 Removal of sunken vessels.—The conference fying emergencies and guidelines to repro- shall be available for the removal of noxious agreement includes $775,000 for the removal gram funds for emergency maintenance, res- weeds, and $100,000 shall be for mosquito con- of sunken vessels, of which $275,000 shall be toration and repairs. trol. for the removal of the State of Pennsylvania Alamo Dam and Lake, Arizona.—An addi- Columbia and Lower Willamette River below from the Christina River at Wilmington, tional $450,000 has been included to substan- Vancouver, Washington and Portland, Or- Delaware. tiate the effectiveness of the Alamo Dam re- egon.—The conference agreement includes Centrally-funded activities.—The conferees operation and to develop and implement an $750,000 for continued work at the Astoria agree that centralized management of associated adaptive management strategy. Boat Basin. project funds is efficient and is allowed Dry Creek (Warm Springs) Dam, California.— Fern Ridge Dam, Oregon.—The conference under current guidelines for certain activi- The conference agreement includes addi- agreement includes funds to operate and ties. These activities include, but are not tional funding to complete a major rehabili- maintain Fern Ridge Dam. The conferees are limited to: the program development system tation report necessary for installation of a aware that no additional funds are required known as the Automated Budget System; pipeline to supply cool water for rearing for emergency repairs at the dam as such ex- the National Recreation Reservation Sys- threatened coho salmon now housed in tem- penses have been fully covered in fiscal year tem; the provision of uniforms for those re- porary facilities at Warm Springs Dam. 2005. quired to wear them; the Volunteer Clearing- Cherry Creek, Chatfield and Trinidad Lakes, Kinzua Dam and Allegheny Reservoir, Penn- house; the Water Safety program; the transi- Colorado.—The conference agreement in- sylvania.—Within the funds provided, $300,000 tion from government owned/contractor-op- cludes an additional $1,380,000 for continued shall be available for recreational improve- erated to private ownership and operation of repairs at these three lakes. This action is ments to include visitor center and fishing the National Coastal Mapping Program; and not intended to alter the Corps’ lease and access improvements. the Sign Standards Program. Significant property accountability policies. It is the Ohio River, Pittsburgh to Huntington, Penn- cost savings can be realized from funding conferees’ understanding that the State of sylvania, West Virginia and Ohio.—Within the these activities centrally by withholding the Colorado has agreed to cost share this funds provided, the Corps is directed to uti- necessary amounts from the affected project on a 50/50 basis, and that the Sec- lize $2,500,000 in cooperation with Operation projects’ appropriations prior to allocation. retary is not to assume, nor share in the fu- Respond, a non-profit organization, to imple- It is critical that cost efficient management ture, the operation and maintenance of these ment a demonstration project developing strategies, such as the above, be employed by recreation facilities. Of the funds provided, and testing software and message/alert sys- the Corps in accomplishing its mission at the Corps is directed to conduct a realloca- tems for use by emergency responders as least cost, when such strategies support the tion study for the Chatfield Reservoir they prepare for and respond to commercial appropriated program. The conferees direct project. transportation incidents on the Nation’s wa- the Corps of Engineers to disclose the costs Intracoastal Waterway, Delaware River to terways. This project is to be coordinated of these activities in its budget justifica- Chesapeake Bay, DE and MD.—Additional with the U.S. Coast Guard, commercial tions. funds are included for maintenance costs for transportation carriers, ports, emergency re- FLOOD CONTROL AND COASTAL EMERGENCIES sponders and other stakeholders along this the SR–1 Bridge. The conference agreement provides no ap- segment of the Ohio River. Miami River, Florida.—The Corps is directed propriation for Flood Control and Coastal Oahe Dam, Lake Oahe, South Dakota and to complete its analysis of the Miami River Emergencies, as proposed by the House, in- North Dakota.—The conferees urge the Corps maintenance project and to submit the final stead of $43,000,000 as proposed by the Senate. to take all necessary steps to relocate the report to the House and Senate Committees The conferees note the significant appropria- Cheyenne River Sioux Tribe’s water intake on Appropriations not later than 30 days tions made to the Corps in fiscal years 2005 on the Missouri River to ensure continued after enactment of this Act. and 2006 to respond to Hurricane Katrina and operation of the water system and an unin- Apalachiacola, Chattahoochee and Flint Riv- other natural disasters, which are available terrupted water supply for the Reservation. ers, GA, AL and FL.—The conferees under- to maintain its readiness posture. stand that the State of Florida has denied Whitney Lake, Texas.—Within the funds the Corps a State Water Quality Certifi- provided, not less than $900,000 shall be for REGULATORY PROGRAM cation; therefore, no funds are provided for Ham Creek Park and not less than $300,000 The conference agreement provides dredging this waterway in Florida. shall be available for Kimball Park Bend. $160,000,000 for the Regulatory Program as Lake Shelbyville, Illinois.— Additional funds Mud Mountain, Washington.—Within the proposed by the House instead of $150,000,000 have been provided for deferred maintenance funds provided, up to $903,000 is available to as proposed by the Senate. at public use facilities. satisfy Federal fish passage obligations for The conferees are concerned with the grow- Saylorville Lake, Iowa.—Additional funds the term of the cooperative agreement with ing backlog and the delay in approving var- have been provided to maintain the project’s Puget Sound Energy. ious permits, particularly in the Jackson- basic level of service. The Dalles Lock and Dam, Washington and ville, Florida and Sacramento, California of- Barren River Lake, Kentucky.—Additional Oregon.—Funds are provided for Lewis and fices. Accordingly, the conferees expect that funds have been provided for repair and up- Clark activities at Celilo Park. not less than ten percent of the increase over grade of public use facilities. Chinook, Head of Sand Island and Baker these offices’ fiscal year 2005 district-specific Mississippi River Gulf Outlet.—The conferees Bay, Washington.—The conferees note the allocation be directed to each of these offices are aware of current discussions among the proximity of Corps navigation facilities on from the funds provided above the fiscal year Port of New Orleans, St. Bernard Parish Ad- the Columbia River between Chinook and the 2005 level. ministration officials and other key stake- Head of Sand Island, Washington, and at The conferees encourage the Army Corps of holders to confect a closure plan for the Mis- Baker Bay, Washington, and encourage the Engineers to conduct a balanced and com- sissippi River Gulf Outlet (MRGO) to deep Corps of Engineers to seek ways to achieve prehensive review of the Champlin’s Marina draft navigation and to provide coastal res- cost savings and efficiency, such as by uti- Application #CENAE–R–2003–00648 for the toration and enhanced hurricane and flood lizing appropriate contracting methods while Great Salt Pond, Block Island, Rhode Island. protection to the residents of St. Bernard having these two projects be considered to- This review should include all relevant infor- and Orleans Parishes. This agreement may gether when seeking bids and awarding con- mation pertaining to navigation, safety, require a shallower depth than is presently tracts. competing uses and cumulative impact on

VerDate Aug 31 2005 05:37 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00187 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.160 H07NOPT1 H9884 CONGRESSIONAL RECORD — HOUSE November 7, 2005 the Great Salt Pond, including consideration GENERAL EXPENSES ($000)—Continued tinuing contracts and includes a provision of the Corps—permitted mooring field as de- that limits the availability of funds for cer- lineated in Army Corps Permit No. 1987–00012 Major subordinate command FY 06 FY 2006 tain continuing contracts authorized by sec- issued to the Town of New Shoreham in July, FTE allocation tion 206 of the Water Resources Development 1998. Headquarters ...... 402 56,852 Act of 1999 (33 U.S.C. 2331). The Rivers and REVOLVING FUND Hydrologic Engineering Center—HQ ...... 0 7,564 Harbors Appropriations Act of 1922 (33 U.S.C. Hydrologic Engineer Center ...... 81 7,741 621) provides authority for the Corps of Engi- The conferees agree that costs of the CFO Engineering Research and Development Center 2 204 audit may be funded from the revolving fund. Institute for Water Resources ...... 27 4,108 neers to use continuing contracts for ‘‘public However, given the delay in award and the Finance Center ...... 9 824 work on canals, rivers, and harbors adopted Program Accounts ...... 12,600 by Congress.’’ Section 206 of the Water Re- unknown out-year costs associated with the Commander’s withholding ...... 4,411 CFO study, the conferees direct the Corps to sources Development Act of 1999 (33 U.S.C. Subtotal ...... 162,000 2331) requires the use of a continuing con- provide the House and Senate Committees on Use of prior year balances ...... ¥8,000 Appropriations, not later than 60 days after tract for a certain set of water resources enactment of this Act, a complete scope, Total ...... 154,000 projects, i.e., those for which initiation of cost allocation and out-year funding require- construction has occurred (defined as the ments of the CFO study. Such analysis shall The conference agreement includes the fol- date of enactment of an Act that appro- also include comparative information on lowing adjustments to the budget estimate: priates funds for the project in one of three appropriations accounts: Construction, Gen- other Federal agencies’ costs of similar CFO Civil Works program ac- studies. The Corps is further directed not eral; Operation and Maintenance, General; counts: and Flood Control, Mississippi River and make an award for the CFO study until the Decrease in implementing Tributaries). The conference agreement nar- House and Senate Committees on Appropria- competitive sourcing ...... ¥$2,000,000 tions have approved the scope and cost of the Decrease in e-government rows the applicability of Section 206 of the proposed CFO study. initiatives ...... ¥500,000 Water Resources Development Act of 1999, so The conference agreement includes a pro- Undistributed reduction .... ¥2,000,000 that the Corps is only required to use con- vision that prohibits the expenditure of Other activities ...... +4,500,000 tinuing contracts for projects that are fund- funds from the plant replacement and im- ed under the Operation and Maintenance ac- The conference agreement includes a pro- count and the Operation and Maintenance provement program to rehabilitate or to vision making $4,500,000 available for anal- abate lead and asbestos from the Dredge subaccount of the Flood Control, Mississippi yses on water resource management on a wa- River and Tributaries account. The permis- McFarland. The House bill included a similar tershed or regional scale as proposed by the provision that reduced funds included in title sive authority established in Rivers and Har- House. bors Appropriations Act of 1922 remains I of the Act. No similar provision was in- The conferees urge the Chief Information unaltered, so the Corps may use, but is not cluded in the Senate bill. The conferees are Officer of the Corps to study a program to required to use, continuing contracts. frustrated that a final report required by the modernize and fully integrate the Corps’ The Assistant Secretary of the Army for conference agreement accompanying the En- water management system and supervisory Civil Works may approve the use of con- ergy and Water Development Appropriations control data acquisition program to reduce tinuing contracts in limited circumstances. Act of 2004 detailing the recommendations costs of the on-going improvements, mainte- The Assistant Secretary for Civil Works on investment decisions on the Corps’ dredge nance, and technical support and to provide shall: fleet has yet to be delivered to Congress. Ac- improved data sharing and management de- (1) Provide within 60 days of enactment of cordingly, the Corps is directed to submit cision making. the report to Congress not later than 30 days this Act to the House and Senate Commit- OFFICE OF THE ASSISTANT SECRETARY OF THE after enactment of this Act, after which the tees on Appropriations a report identifying ARMY (CIVIL WORKS) appropriate authorizing committees should all existing continuing contracts and the determine the appropriate Federal dredge The conference agreement includes amounts, by fiscal year, of the out-year fleet. $4,000,000 for the Office of the Assistant Sec- funding requirements; and retary of the Army for Civil Works as pro- FORMERLY UTILIZED SITES REMEDIAL ACTION (2) Provide a quarterly update to the re- posed by the House. The Senate bill con- PROGRAM port identified above in item (1). tained no similar appropriation. The con- In the execution of any new continuing con- The conference agreement provides ferees agree with the direction of the House tract or modifications to an existing con- $140,000,000 for the Formerly Utilized Sites with respect to indirect costs and the budg- tinuing contract, the Corps shall not commit Remedial Action Program as proposed by eting thereof. The conferees further note an amount in excess of the amounts appro- both the House and Senate. The conferees di- that funding for this office is within the ju- priated for such project in this Act or other- rect the Corps during fiscal year 2006 to pre- risdiction of Energy and Water Development wise available for the project, as provided in pare design specifications for the Shallow Subcommittees of both the House and Sen- sections 101 and 105 of this Act. The con- Land Disposal Area, Parks Township, Penn- ate Committees on Appropriations, and none ference agreement affirms the management sylvania, and to complete investigations and other. reforms undertaken by the Corps and the di- initiate cleanup expeditiously for the former ADMINISTRATIVE PROVISION rections of the House relating to manage- Sylvania nuclear fuel site in Hicksville, New ment and execution of continuing contracts. York, and for the Luckey, Ohio, site. The conference agreement includes a pro- vision proposed by both the House and Sen- The conference agreement includes a pro- GENERAL EXPENSES ate relating to reception and representation vision as proposed by the Senate relating to The conference agreement includes expenses and the replacement and hire of Chief of Engineers reports. The House bill $154,000,000 for general expenses, instead of passenger motor vehicles. contained no similar provision. $152,021,000 as proposed by the House and GENERAL PROVISIONS The conference agreement modifies a pro- $165,000,000 as proposed by the Senate. In ad- vision as proposed by the House relating to CORPS OF ENGINEERS—CIVIL dition, the conference agreement assumes continuing contracts. The Senate bill con- The conference agreement modifies a pro- that $8,000,000 in unobligated balances car- tained no similar provision. vision proposed by the House relating to re- ried forward into fiscal year 2006, namely to The conference agreement includes a pro- programming. The Senate bill contained no fund the CFO study, shall be applied to fund vision as proposed by the Senate relating to similar provision. Reprogrammings are dis- personnel and other administrative activi- transmittal of certain reports of the Chief of cussed in greater detail earlier in this state- ties, so that total appropriations available in Engineers. The House bill contained no simi- fiscal year 2006 equal the budget estimate. ment of managers. The conference agreement includes a pro- lar provision. The conference agreement stipulates that The conference agreement modifies a pro- the total cost of the CFO study be funded vision proposed by the Senate relating to credits and reimbursements. The House bill vision proposed by the Senate relating to from the revolving fund. Baltimore Metropolitan Water Resources- The amounts available for general ex- contained no similar provision. The conference agreement modifies a pro- Gwynns Falls Watershed. The House bill con- penses in fiscal year 2006 shall be available as tained no similar provision. follows: vision proposed by the House relating to the Muskingum Watershed in Ohio. The Senate The conference agreement includes a pro- vision relating to New York and New Jersey GENERAL EXPENSES ($000) bill contained no similar provision. The conference agreement includes a pro- Harbor as proposed by the House. The Senate bill contained no similar provision. FY 06 FY 2006 vision as proposed by the Senate relating to Major subordinate command FTE allocation Civil Works functions. The House bill con- The conference agreement includes a pro- tained no similar provision. vision relating to Marmet Lock, Kanawha Great Lakes & Ohio River Division ...... 69 $9,561 River, West Virginia, as proposed by the Sen- Mississippi River Valley Division ...... 73 9,589 The conference agreement includes a pro- North Atlantic Division ...... 62 9,071 vision as proposed by the Senate relating to ate. The House bill contained no similar pro- Northwestern Division ...... 68 8,866 St. George’s Bridge, Delaware. The House vision. Pacific Ocean Division ...... 19 3,177 The conference agreement includes a pro- South Atlantic Division ...... 63 9,264 bill contained no similar provision. South Pacific Division ...... 62 9,900 The conference agreement deletes lan- vision relating to Truckee Meadows Flood Southwestern Division ...... 60 8,268 guage proposed by the House relating to con- Control Project, Nevada.

VerDate Aug 31 2005 05:37 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00188 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.163 H07NOPT1 November 7, 2005 CONGRESSIONAL RECORD — HOUSE H9885 The conference agreement includes a pro- Folsom Dam. This bridge is an integral and The conference agreement includes a pro- vision relating to Lake Cumberland, Ken- necessary component of any flood damage or vision relating to White River Basin, Arkan- tucky, as proposed by the Senate. The House dam safety work that is to be accomplished sas. bill contained no similar provision. at the dam. The Corps of Engineers has pri- The conference agreement includes a pro- The conference agreement includes a pro- mary federal responsibility for the bridge vision relating to the Calcasieu ship channel, vision relating to Lower Las Vegas Wash, but the Bureau of Reclamation, which oper- Louisiana. Nevada, as proposed by the Senate. The ates Folsom Dam, also plays an integral The conference agreement includes a pro- House bill contained no similar provision. role. The two agencies must work coopera- vision relating to a flood damage reduction The conference agreement includes a pro- tively to implement the work in a timely project at Johnson Creek, Texas. vision relating to Yazoo Basin, Big Sun- manner. Subsection (a) directs the Corps of The conference agreement includes a pro- flower River, Mississippi, as proposed by the Engineers and Bureau of Reclamation to co- vision relating to previously appropriate Senate. The House bill contained no similar ordinate technical reviews, joint planning, funds for Hudson River, Athens, New York. provision. and preliminary design work for flood dam- The conference agreement includes a pro- age reduction improvements and dam safety The conference agreement includes a pro- vision relating to Lower Mississippi River needs at Folsom Dam and Reservoir. Sub- vision relating to the Corps of Engineers dis- Museum and Interpretive Site, Mississippi, sections (b) and (c) clarify congressional in- trict office in Charleston, South Carolina. as proposed by the Senate. The House bill tent by designating the Corps as the federal The conference agreement includes a pro- contained no similar provision. agency responsible for implementing the vision relating to the Louisville, Kentucky The conference agreement includes a pro- bridge and specifying that any additional Waterfront Park. vision relating to the Central New Mexico funding requirement associated with con- The conference agreement includes a pro- project, as proposed by the Senate. The verting the bridge from a temporary struc- vision relating to a navigation project in House bill contained no similar provision. ture to a permanent one is to be a federal re- Akutan, Alaska. The conference agreement includes a pro- sponsibility. This is in recognition of the The conference agreement includes a pro- vision relating to Los Angeles Harbor, Cali- fact that the road currently on top of Fol- vision relating to Poplar Island, Maryland. som Dam, which has been open for public use fornia, as proposed by the Senate. The House The conference agreement deletes a provi- for most of the time since the dam was con- bill contained no similar provision. sion relating to a disposal barrier in The conference agreement includes a pro- structed, will ultimately be closed perma- nently for security reasons. Subsection (d) Vermont and New York. vision relating to Alpine, California, as pro- The conference agreement deletes several posed by the Senate. The House bill con- allows ‘‘902’’ cost increase provisions to apply to bridge costs just as it does for any provisions relating to the Missouri and Mid- tained no similar provision. dle Mississippi Rivers Enhancement Project. The conference agreement modifies a pro- other Corps project. This normal and cus- tomary application of existing law, when ap- The conference agreement deletes a provi- vision proposed by the Senate relating to a plied to the original costs cited in the fiscal sion proposed by the Senate relating to biological opinion in New Mexico. The House year 2004 Act and updated to current condi- Lower Mud River, Milton, West Virginia. bill contained no similar provision. tions, will increase amounts available for es- The House bill contained no similar provi- The conference report includes a provision timates of both temporary and permanent sion. relating to Bluestone, West Virginia, as pro- bridge costs. Subsection (e) directs the Corps posed by the Senate. The House bill con- The conference agreement deletes a provi- and the Bureau to proceed with expedited sion proposed by the Senate relating to regu- tained no similar provision. construction of the bridge and associated The conference agreement includes a pro- latory permitting. roadways, and encourages the Corps to make TITLE II—DEPARTMENT OF THE vision relating to a wastewater infrastruc- efforts to implement and project in a manner INTERIOR ture project in DeSoto County, Mississippi. that is compatible with future improvements The conference agreement includes a pro- for flood control. The conferees understand CENTRAL UTAH PROJECT COMPLETION vision relating to a flood control project in that related efforts are underway to address ACCOUNT Las Vegas Wash and Tributaries, Nevada. potential structural changes to Folsom Dam The conference agreement includes a pro- The conference agreement includes a total to address flood control and dam safety con- of $32,614,000 as proposed by both the House vision relating to Lake Michigan Waterfront cerns; however, these related efforts should and related areas, Lake and Porter Counties, and the Senate. Within the funds appro- not needlessly delay timely construction of priated, the conference agreement includes Indiana. the bridge/roadway project. If modifications The conference agreement includes a pro- $31,668,000 for Central Utah project construc- to the completed bridge/roadway project are tion; $946,000 for fish, wildlife, and recreation vision relating to Chesapeake Bay oyster deemed necessary to accomplish flood con- restoration. mitigation and conservation; and $1,736,000 trol and dam safety objectives, Congress will for program oversight and administration. The conference agreement includes a pro- authorize modifications to the project that vision relating to a flood control project at may be necessary. The conferees direct both BUREAU OF RECLAMATION Little Calumet River, Indiana. the Corps and the Bureau to work expedi- WATER AND RELATED RESOURCES The conference agreement includes a pro- tiously to complete reviews, approvals and The conference agreement includes an ap- vision relating to the American River water- other administrative actions that may be propriation of $883,514,000 for water and re- shed in California. This section adds new lan- necessary to expedite this work, including lated resources, instead of $832,000,000 as pro- guage to previously authorized flood damage providing necessary easements and rights-of- posed by the House and $899,569,000 as pro- reduction work at Folsom Dam and encour- way. A reporting requirement is included in posed by the Senate. The conference agree- ages the joint efforts currently being pur- subsection (f). sued by the Corps of Engineers, Bureau of The conference agreement includes a pro- ment deletes provisions proposed by the Sen- Reclamation, the State of California, and the vision relating to Jacksonville Harbor, Flor- ate relating to the Snyderville Basin Water Sacramento Flood Control Agency (SAFCA) ida. Supply Study Special Report in the State of to address both flood damage reduction and The conference agreement includes a pro- Utah. The House bill contained no similar dam safety needs at Folsom Dam, California. vision relating to environmental infrastruc- provision. It also clarifies language in the fiscal year ture in the State of Ohio. The conference agreement for water and 2004 Energy & Water Development Appro- The conference agreement includes a pro- related resources is shown in the following priations Act regarding the new bridge below vision relating to Onondaga Lake, New York. table:

VerDate Aug 31 2005 05:37 Nov 08, 2005 Jkt 049060 PO 00000 Frm 00189 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.165 H07NOPT1