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H.R.2419 / 109th Congress

Energy and Water Development Appropriations Act, 2006

Became Public Law No: 109-103.

Official summary

Version 36 · Passed House amended · May 24, 2005

Energy and Water Development Appropriations Act, 2006 - Title I: Department of Defense - Civil - Makes FY 2006 appropriations to the Department of the Army and its Corps of Engineers for: (1) civil functions pertaining to rivers and harbors, flood and storm damage reduction, and aquatic ecosystem restoration; (2) certain flood damage reduction projects on the Mississippi River and its tributaries (including Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee); (3) the navigable waters and wetlands regulatory program; (4) the formerly utilized sites remedial action program; and (5) the Office of Assistant Secretary of the Army (Civil Works).

(Sec. 101) Prohibits the use of funds for obligation or expenditure, with specified exceptions, through a reprogramming of funds that: (1) creates or initiates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act; (4) reduces funds that are directed to be used for a specific program, project, or activity by this Act; or (5) increases or reduces funds for any program, project, or activity by more than $2 million or ten percent, whichever is less.

(Sec. 102) Bars the use of funds by the U.S. Army Corps of Engineers related to: (1) Ridge Landfill in Tuscarawas County, Ohio; (2 ) Indian Run Sanitary Landfill in Sandy Township, Stark County, Ohio; (3) the rehabilitation and lead and asbestos abatement of the dredge McFarland; or (4) construct the Port Jersey element of the New York and New Jersey Harbor, or reimburse the local sponsor for the construction of the Port Jersey element, until commitments for construction of container handling facilities are obtained from the non-Federal sponsor for a second user along the Port Jersey element.

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Title II: Department of the Interior - Makes FY 2006 appropriations to the Department of the Interior for: (1) the Utah Reclamation Mitigation and Conservation Account (Central Utah Project Completion Account) for the Utah Reclamation Mitigation and Conservation Commission; (2) the Bureau of Reclamation for the Upper Colorado River Basin Fund and the Lower Colorado River Basin Development Fund, as well as the Colorado River Dam Fund; (3) the Central Valley (California) Project Restoration Fund; (4) California Bay-Delta Restoration; and (5) administration and related functions in the office of the Commissioner, the Denver office, and offices in the five regions of the Bureau of Reclamation.

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

Directs the Secretary of the Interior to classify the costs of the Kesterson Reservoir Cleanup and the San Joaquin Valley Drainage Programs as reimbursable or nonreimbursable and collected until fully repaid pursuant to the "Cleanup Program--Alternative Repayment Plan" and the "SJVDP--Alternative Repayment Plan" described in a specified report.

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

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

Title III: Department of Energy - Makes appropriations to the Department of Energy (DOE) for FY 2006 for: (1) energy supply and conservation programs; (2) clean coal technology; (3) fossil energy research and development; (4) naval petroleum and oil shale reserve activities; (5) payment to the State of California for the State Teachers' Retirement Fund (in part from the Elk Hills School Lands Fund); (6) Strategic Petroleum Reserve facility development and operations and program management, (7) the Energy Information Administration; (8) non-defense environmental cleanup activities; (9) uranium enrichment facility decontamination and decommissioning; (10) general DOE science activities; (11) nuclear waste disposal; (12) DOE administration; (13) Office of the Inspector General; (14) atomic energy defense weapons activities; (15) defense nuclear nonproliferation activities; (16) naval reactors activities; (17) Office of the Administrator of the National Nuclear Security Administration; (18) defense environmental cleanup; (19) other DOE defense activities; and (20) defense nuclear waste disposal.

Declares that during FY 2006 no new direct loan obligations may be made regarding expenditures from the Bonneville Power Administration Fund.

Makes appropriations for FY 2006 for: (1) the various geographical power marketing administrations of DOE, and for the hydroelectric facilities at the Falcon and Amistad Dams of the Western Area Power Administration; and (2) the Federal Energy Regulatory Commission.

(Sec. 301) Prohibits the use of appropriations to make payments for any management and operating contract unless the Secretary of Energy issues a written notification of the Secretary's decision to use competitive procedures for the award of the contract, or to not renew the contract, when its term expires.

(Sec. 302) Prohibits the use of appropriations under this Act to: (1) develop or implement a workforce restructuring plan for DOE employees, or to provide them with enhanced severance payments or other benefits; (2) augment specified sums made available for obligation by this Act for severance payments and other specified benefits and community assistance grants unless DOE submits a reprogramming request subject to approval by the appropriate congressional committees; or (3) prepare or initiate Requests for Proposals for a program that has not been funded by Congress.

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

(Sec. 307) Directs DOE to ensure broad public notice of the availability of a user facility, and to employ open competition in selecting a partner for such a facility.

(Sec. 308) Permits the Administrator of the National Nuclear Security Administration to authorize the manager of a covered nuclear weapons research, development, testing or production facility to engage in research, development, and demonstration activities with respect to facility engineering and manufacturing capabilities in order to maintain and enhance such capabilities at such facility.

(Sec. 309) Declares that funds appropriated by this or any other Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress under the National Security Act of 1947 during FY 2006 until the enactment of the Intelligence Authorization Act for FY 2006.

(Sec. 310) Prohibits the use of funds under this Act for the following activities: (1) site selection for the Modern Pit Facility during FY 2006; (2) DOE national laboratories and production plants for Laboratory Directed Research and Development (LDRD), Plant Directed Research and Development (PDRD), and Site Directed Research and Development (SDRD) activities in excess of $250 million, or for project costs incurred as Indirect Costs by Major Facility Operating Contractors; (4) laboratory directed research and development activities at DOE laboratories on behalf of other Federal agencies; or (5) authorized price support or loan guarantee programs unless specific provision is made for such programs in an appropriations Act.

Title IV: Independent Agencies - Makes appropriations for FY 2006 for: (1) the Appalachian Regional Commission; (2) the Defense Nuclear Facilities Safety Board; (3) Delta Regional Authority; (4) the Denali Commission; (5) the Nuclear Regulatory Commission (NRC); (6) the Office of the Inspector General; and (7) the Nuclear Waste Technical Review Board.

Title V: General Provisions - (Sec. 501) Prohibits the use of funds under this Act, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as specified by Federal criminal law.

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

(Sec. 503) Prohibits the use of funds made available in this Act by the NRC to contract with or reimburse any NRC licensee or the Nuclear Energy Institute with respect to matters relating to the security of production facilities or utilization facilities.

(Sec. 504) Prohibits the use of funds made available by this Act before March 1, 2006, to enter into an agreement obligating the United States to contribute funds to ITER (the international burning plasma fusion research project in which the President announced United States participation on January 30, 2003).

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Who introduced it

Rep. Hobson, David L. [R-OH-7] · R–OH

Committees

  • Appropriations Committee
  • Appropriations Committee
0 cosponsorship records, including any withdrawals

    Actions

    A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.

    1. Became Public Law No: 109-103.

    2. Became Public Law No: 109-103.

    3. Signed by President.

    4. Signed by President.

    5. Presented to President.

    6. Presented to President.

    7. Cleared for White House.

    8. Message on Senate action sent to the House.

    9. Senate agreed to conference report by Yea-Nay Vote. 84 - 4. Record Vote Number: 321.

      Senate roll call 321 · Individual votes
    10. Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 84 - 4. Record Vote Number: 321.

      Senate roll call 321 · Individual votes
    11. Conference report considered in Senate. (consideration: CR S12740-12751)

    12. Conference papers: message on House action held at the desk in Senate.

    13. On agreeing to the conference report Agreed to by the Yeas and Nays: 399 - 17 (Roll no. 580).

      House roll call 580 · Individual votes
    14. Motions to reconsider laid on the table Agreed to without objection.

    15. Conference report agreed to in House: On agreeing to the conference report Agreed to by the Yeas and Nays: 399 - 17 (Roll no. 580).

      House roll call 580 · Individual votes
    16. The House proceeded to consider the conference report H.Rept. 109-275 as unfinished business. (consideration: CR H10081-10082)

    17. POSTPONED PROCEEDINGS - At the conclusion of debate on the conference report to accompany H.R. 2419, the Chair announced that pursuant to the rule, the Yeas and Nays were ordered. The Chair postponed further proceedings on the adoption of the conference report until later in the legislative day.

    18. The previous question was ordered without objection. (consideration: CR H10065)

    19. DEBATE - The House proceeded with one hour of debate on the conference report to accompany H.R. 2419.

    20. Mr. Hobson brought up conference report H. Rept. 109-275 for consideration under the provisions of H. Res. 539. (consideration: CR H10058-10065)

    21. Rule H. Res. 539 passed House.

    22. Rules Committee Resolution H. Res. 539 Reported to House. Rule provides for consideration of the conference report to H.R. 2419.

    23. Conference report H. Rept. 109-275 filed. (text of conference report: CR H9813-9932)

    24. Conference report filed: Conference report H. Rept. 109-275 filed.(text of conference report: CR H9813-9932)

    25. Conferees agreed to file conference report.

    26. Conference committee actions: Conferees agreed to file conference report.

    27. The Speaker appointed conferees: Hobson, Frelinghuysen, Latham, Wamp, Emerson, Doolittle, Simpson, Rehberg, Lewis (CA), Visclosky, Edwards, Pastor, Clyburn, Berry, and Obey.

    28. On motion that the House disagree to the Senate amendment, and agree to a conference Agreed to without objection. (consideration: CR H9110)

    29. Mr. Hobson moved that the House disagree to the Senate amendment, and agree to a conference.

    30. Message on Senate action sent to the House.

    31. Senate insists on its amendment, asks for a conference, appoints conferees Domenici; Cochran; McConnell; Bennett; Burns; Craig; Bond; Hutchison; Allard; Reid; Byrd; Murray; Dorgan; Feinstein; Johnson; Landrieu; Inouye. (consideration: CR 7/1/2005 S7797)

    32. Passed Senate with an amendment by Yea-Nay Vote. 92 - 3. Record Vote Number: 172. (text: CR 6/30/2005 S7771-7779)

      Senate roll call 172 · Individual votes
    33. Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 92 - 3. Record Vote Number: 172.(text: CR 6/30/2005 S7771-7779)

      Senate roll call 172 · Individual votes
    34. The committee substitute agreed to by Unanimous Consent.

    35. Measure laid before Senate by unanimous consent. (consideration: CR 7/1/2005 S7766-7786, S7787-7797; text of measure as reported in Senate: CR 7/1/2005 S7766-7779)

    36. Placed on Senate Legislative Calendar under General Orders. Calendar No. 130.

    37. Committee on Appropriations. Reported by Senator Domenici with an amendment in the nature of a substitute. With written report No. 109-84.

    38. Committee on Appropriations. Reported by Senator Domenici with an amendment in the nature of a substitute. With written report No. 109-84.

    39. Committee on Appropriations. Ordered to be reported with an amendment in the nature of a substitute favorably.

    40. Committee on Appropriations Subcommittee on Energy and Water, and Related Agencies. Approved for full committee consideration without amendment favorably.

    41. Received in the Senate and Read twice and referred to the Committee on Appropriations.

    42. On passage Passed by the Yeas and Nays: 416 - 13 (Roll no. 211).

      House roll call 211 · Individual votes
    43. Motion to reconsider laid on the table Agreed to without objection.

    44. Passed/agreed to in House: On passage Passed by the Yeas and Nays: 416 - 13 (Roll no. 211).

      House roll call 211 · Individual votes
    45. On motion to recommit with instructions Failed by recorded vote: 167 - 261 (Roll no. 210). (consideration: CR H3877-3878; text: CR H3877)

      House roll call 210 · Individual votes
    46. The previous question on the motion to recommit with instructions was ordered without objection.

    47. Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Etheridge motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment providing $500,000 to develop and publish a report on imported crude oil and petroleum sales to the United States.

    48. Mr. Etheridge moved to recommit with instructions to Appropriations.

    49. The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.

    50. The previous question was ordered pursuant to the rule. (consideration: CR H3877)

    51. The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2419.

    52. On motion to rise and report Agreed to by voice vote.

    53. Mr. Hobson moved for the Committee of the Whole to rise and report.

    54. UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.

    55. DEBATE - Pursuant to a previous order of the House, the Committee of the Whole proceeded with 10 minutes of debate on the Tiahrt amendment.

    56. DEBATE - Pursuant to a previous order of the House, the Committee of the Whole proceeded with 10 minutes of debate on the Stupak amendment, pending reservation of a point of order.

    57. POSTPONED PROCEEDINGS - At the conclusion of debate on the Stupak amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Stupak demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

    58. DEBATE - Pursuant to a previous order of the House, the Committee of the Whole proceeded with 30 minutes of debate on the Stupak amendment.

    59. POSTPONED PROCEEDINGS - At the conclusion of debate on the Jones (NC) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Jones (NC) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

    60. DEBATE - Pursuant to a previous order of the House, the Committee of the Whole proceeded with 10 minutes of debate on the Jones (NC) amendment.

    61. DEBATE - Pursuant to a previous order of the House, the Commiteee of the Whole proceeded with 10 minutes of debate on the Filner amendment, pending reservation of a point of order.

    62. DEBATE - Pursuant to a previous order of the House, the Committee of the Whole proceeded with 10 minutes of debate on the Boehlert amendment.

    63. DEBATE - Pursuant to a previous order of the House, the Committee of the Whole proceeded with 10 minutes of debate on the Markey amendment.

    64. DEBATE - Pursuant to a previous order of the House, the Committee of the Whole proceeded with 10 minutes of debate on the Biggert amendment.

    65. POSTPONED PROCEEDINGS - At the conclusion of debate on the Markey amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Markey demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

    66. DEBATE - Pursuant to a previous order of the House, the Committee of the Whole proceeded with 10 minutes of debate on the Markey amendment.

    67. DEBATE - Pursuant to a previous order of the House, the Committee of the Whole proceeded with 10 minutes of debate.

    68. Mr. Duncan raised a point of order against the content of the measure. Mr. Duncan stated that section 104 of the bill constituted legislation in an appropriations bill. The Chair sustained the point of order.

    69. The House resolved into Committee of the Whole House on the state of the Union for further consideration.

    70. Considered as unfinished business. (consideration: CR H3853-3879)

    71. ORDER OF PROCEDURE - Mr. Hobson asked unanimous consent that, during further consideration of H.R. 2419 in the Committee of the Whole pursuant to H. Res. 291, an amendment he had placed at the desk be considered as adopted in the House and in the Committee of the Whole and be considered as original text for purpose of further amendment; and that no further amendment to the bill, as amended, may be offered, except those contained on a list submitted to the desk. Agreed to without objection.

    72. Committee of the Whole House on the state of the Union rises leaving H.R. 2419 as unfinished business.

    73. On motion that the Committee rise Agreed to by voice vote.

    74. Mr. Hobson moved that the Committee rise.

    75. GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2419.

    76. The Speaker designated the Honorable Bob Goodlatte to act as Chairman of the Committee.

    77. House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 291 and Rule XVIII.

    78. Rule provides for consideration of H.R. 2419 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. All points of order against consideration of the bill are waived. Points of order against provisions in the bill for failure to comply with clause 2 of rule XXI are waived except for section 104. Measure will be read by paragraph. Bill is open to amendments.

    79. Considered under the provisions of rule H. Res. 291. (consideration: CR H3780-3795; text of Title I as reported in House: CR H3854-3855; text of Title II as reported in House: CR H3856-3857; text of Title III as reported in House: CR H3857, H3858, H3862, H3864-3865; text of Title IV as reported in House: CR H3866, H3868; text of Title V as reported in House: CR H3868)

    80. Rule H. Res. 291 passed House.

    81. Rules Committee Resolution H. Res. 291 Reported to House. Rule provides for consideration of H.R. 2419 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. All points of order against consideration of the bill are waived. Points of order against provisions in the bill for failure to comply with clause 2 of rule XXI are waived except for section 104. Measure will be read by paragraph. Bill is open to amendments.

    82. Placed on the Union Calendar, Calendar No. 44.

    83. The House Committee on Appropriations reported an original measure, H. Rept. 109-86, by Mr. Hobson.

    84. The House Committee on Appropriations reported an original measure, H. Rept. 109-86, by Mr. Hobson.

    85. Introduced in House

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