[House Appropriations Committee Print] Consolidated Appropriations Act, 2008 (H.R. 2764; Public Law 110–161) DIVISION C—ENERGY AND WATER DEVELOP- MENT AND RELATED AGENCIES APPRO- PRIATIONS ACT, 2008 (453) VerDate Aug 31 2005 02:49 Jan 18, 2008 Jkt 069006 PO 00000 Frm 00001 Fmt 6601 Sfmt 6601 E:\HR\OC\D564C.XXX D564C smartinez on PRODPC61 with HEARING VerDate Aug 31 2005 02:49 Jan 18, 2008 Jkt 069006 PO 00000 Frm 00002 Fmt 6601 Sfmt 6601 E:\HR\OC\D564C.XXX D564C smartinez on PRODPC61 with HEARING CONTENTS, DIVISION C Page Legislative Text: Title I—Department of Defense—Civil ........................................................... 458 Title II—Department of the Interior ............................................................... 470 Title III—Department of Energy ..................................................................... 477 Title IV—Independent Agencies ...................................................................... 491 Title V—General Provisions ............................................................................ 493 Explanatory Statement: Title I—Department of Defense—Civil ........................................................... 496 Title II—Department of the Interior ............................................................... 546 Title III—Department of Energy ..................................................................... 557 Title IV—Independent Agencies ...................................................................... 616 Title V—General Provisions ............................................................................ 618 Earmark Disclosure .......................................................................................... 618 Table .................................................................................................................. 619 (455) VerDate Aug 31 2005 02:49 Jan 18, 2008 Jkt 069006 PO 00000 Frm 00003 Fmt 6601 Sfmt 6646 E:\HR\OC\D564C.XXX D564C smartinez on PRODPC61 with HEARING VerDate Aug 31 2005 02:49 Jan 18, 2008 Jkt 069006 PO 00000 Frm 00004 Fmt 6601 Sfmt 6646 E:\HR\OC\D564C.XXX D564C smartinez on PRODPC61 with HEARING [CLERK’S NOTE: Six sections which precede division A in the Con- solidated Appropriations Act apply to all divisions of the Act, in- cluding this one. The text of these sections is as follows: SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Consolidated Appropriations Act, 2008’’. SEC. 2. TABLE OF CONTENTS. [Text omitted for purposes of this note] SEC. 3. REFERENCES. Except as expressly provided otherwise, any reference to ‘‘this Act’’ contained in any division of this Act shall be treated as refer- ring only to the provisions of that division. SEC. 4. EXPLANATORY STATEMENT. The explanatory statement regarding the consolidated appropria- tions amendment of the House of Representatives to the amend- ment of the Senate to H.R. 2764, printed in the House section of the Congressional Record on or about December 17, 2007 by the Chairman of the Committee on Appropriations of the House, shall have the same effect with respect to the allocation of funds and im- plementation of divisions A through K of this Act as if it were a joint explanatory statement of a committee of conference. SEC. 5. EMERGENCY DESIGNATIONS. Any designation in any division of this Act referring to this sec- tion is a designation of an amount as an emergency requirement and necessary to meet emergency needs pursuant to subsections (a) and (b) of section 204 of S. Con. Res. 21 (110th Congress), the con- current resolution on the budget for fiscal year 2008. SEC. 6. STATEMENT OF APPROPRIATIONS. The following sums in this Act are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2008. Reproduced below is the text of division C of the Consolidated Ap- propriations Act, 2008 (H.R. 2764; P.L. 110–161) as presented to the President for signature.] (457) VerDate Aug 31 2005 02:49 Jan 18, 2008 Jkt 069006 PO 00000 Frm 00005 Fmt 6601 Sfmt 6602 E:\HR\OC\D564C.XXX D564C smartinez on PRODPC61 with HEARING 458 LEGISLATIVE TEXT, DIVISION C DIVISION C—ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2008 TITLE I CORPS OF ENGINEERS—CIVIL DEPARTMENT OF THE ARMY CORPS OF ENGINEERS—CIVIL The following appropriations shall be expended under the direc- tion of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to rivers and harbors, flood and storm damage re- duction, shore protection, aquatic ecosystem restoration, and re- lated purposes. INVESTIGATIONS (INCLUDING RESCISSION OF FUNDS) For expenses necessary for the collection and study of basic infor- mation pertaining to river and harbor, flood and storm damage re- duction, shore protection, aquatic ecosystem restoration, and re- lated projects; restudy of authorized projects, miscellaneous inves- tigations; and, when authorized by law, surveys and detailed stud- ies, and plans and specifications of projects prior to construction, $167,261,000, to remain available until expended: Provided, That of the funds provided under this heading of Public Law 106–554, $100,000 are rescinded: Provided further, That using $2,952,000 of the funds provided herein, the Secretary of the Army acting through the Chief of Engineers shall continue the Louisiana Coast- al Protection and Restoration study at full Federal expense: Pro- vided further, That using $1,968,000 of the funds provided herein, the Secretary of the Army acting through the Chief of Engineers shall continue the Coastal Mississippi Hurricane and Storm Dam- age Reduction study at full Federal expense: Provided further, That funds in the amount of $461,000 are provided to continue environ- mental studies for the Pine Mountain Dam, Arkansas, project: Pro- vided further, That cost sharing of preconstruction engineering and design shall be as previously applied to this activity. CONSTRUCTION (INCLUDING RESCISSIONS OF FUNDS) For expenses necessary for the construction of river and harbor, flood and storm damage reduction, shore protection, aquatic eco- system restoration, and related projects authorized by law, includ- ing a portion of the expenses for the modifications authorized by section 104 of the Everglades National Park Protection and Expan- sion Act of 1989; for conducting detailed studies, and plans and specifications, of such projects (including those involving participa- tion by States, local governments, or private groups) authorized or made eligible for selection by law (but such detailed studies, and VerDate Aug 31 2005 02:49 Jan 18, 2008 Jkt 069006 PO 00000 Frm 00006 Fmt 6601 Sfmt 6602 E:\HR\OC\D564C.XXX D564C smartinez on PRODPC61 with HEARING 459 plans and specifications, shall not constitute a commitment of the Government to construction); $2,294,029,000, to remain available until expended; of which such sums as are necessary to cover the Federal share of construction costs for facilities under the Dredged Material Disposal Facilities program shall be derived from the Har- bor Maintenance Trust Fund as authorized by Public Law 104–303; and of which such sums as are necessary pursuant to Public Law 99–662 shall be derived from the Inland Waterways Trust Fund, to cover one-half of the costs of construction and rehabilitation of inland waterways projects (including the rehabilitation costs for Lock and Dam 11, Mississippi River, Iowa; Lock and Dam 19, Mis- sissippi River, Iowa; Lock and Dam 24, Mississippi River, Illinois and Missouri; Lock 27, Mississippi River, Illinois; Markland Locks and Dam, Kentucky and Indiana; Emsworth Locks and Dam, Ohio River, Pennsylvania; and Lock and Dam 3, Mississippi River, Min- nesota) shall be derived from the Inland Waterways Trust Fund; and of which $7,380,000 shall be exclusively for projects and activi- ties authorized under section 107 of the River and Harbor Act of 1960; and of which $4,796,000 shall be exclusively for projects and activities authorized under section 111 of the River and Harbor Act of 1968; and of which $4,428,000 shall be exclusively for projects and activities authorized under section 103 of the River and Harbor Act of 1962; and of which $42,312,000 shall be exclusively for projects and activities authorized under section 205 of the Flood Control Act of 1948; and of which $9,840,000 shall be exclusively for projects and activities authorized under section 14 of the Flood Control Act of 1946; and of which $0 shall be exclusively for projects and activities authorized under section 208 of the Flood Control Act of 1954; and of which $29,520,000 shall be exclusively for projects and activities authorized under section 1135 of the Water Resources Development Act of 1986; and of which $29,520,000 shall be exclusively for projects and activities author- ized under section 206 of the Water Resources Development Act of 1996; and of which $5,292,000 shall be exclusively for projects and activities authorized under sections 204 and 207 of the Water Re- sources Development Act of 1992 and section 933 of the Water Re- sources Development Act of 1986: Provided, That the Chief of Engi- neers is directed to use $12,792,000 of the funds appropriated here- in for the Dallas Floodway Extension, Texas, project, including the Cadillac Heights feature, generally in accordance with the Chief of Engineers report dated December 7, 1999: Provided further, That the Chief of Engineers is directed to use $1,968,000 of the funds provided herein