On June 29, 2006, the Senate Energy and Water Appropriations Committee reported H.R. 5427 (S.Rpt. 109-274), the Fiscal Year 2007
Energy and Water Development Appropriations Act. The $31.2 billion bill makes appropriations for the Department of Energy, the Corps of
Engineers, and the Department of Interior Bureau of Reclamation, as well as related independent agencies. The bill exceeds the
Presidents request and the House-passed bill by about $1.25 billion, but is about $6 billion less than the current year funding
level.
The following is a quick analysis of the bill from a California perspective as prepared by the California Institute. We apologize
for any errors or omissions in our discussion of these documents, and would appreciate any input/feedback on how to make improving
corrections. The ordering of items generally reflects their presence in the bill and does not mean to imply any relative importance.
The Committee Report contains a lengthy discussion on the Corps budget, contracting and reprogramming process. Although the
Committee notes that improvements in processing times have occurred for newly forwarded documents, it "is not pleased that this
improved review time only applies to new documents that have been forwarded for review. Many documents have been languishing for 3 to 4
years. This is unacceptable to the Committee and should be to OMB as well." Among the examples the Report gives of unacceptable
review times are the following California projects that are still pending:
– Whitewater River Basin, CA – Sent to OMB on 9 May 02
– American River Watershed, Long-Term Study, CA – Sent to OMB on 8 Oct 04
As a result, the Committee "directs the Chief of Engineers to work with the ASA[CW] and OMB to develop a plan to complete these
policy compliance reviews as expeditiously as possible and forward the recommendations of these reports to Congress. This plan should
be presented to the appropriate House and Senate authorizing and Appropriations Committees no later than September 30, 2006. The
Committee directs that reviews of all of these documents should be completed no later than December 31, 2007."
General Investigations
The Committee recommends $168,517,000, as opposed to the $162,360,000 in FY06 funding, and the Budget request of $94,000,000.
Westminster, East Garden Grove – $0 requested, $0 House, $300 Senate recommended
West Stanislaus County, Orestimba Creek – $0 requested, $0 House, $400 Senate
Wilson and Oak Glen Creeks, San Bernardino – $0 requested, $800 House, $0 Senate
– Coyote Creek Watershed – $100,000 has been provided to initiate reconnaissance studies;
– Los Angeles River Watercourse Improvement, Headworks – $ 562,000 is provided to complete the feasibility studies;
– Malibu Creek Watershed – The Committee recommendation includes $608,000 to complete the feasibility study;
– Morro Bay Estuary – $275,000 is provided to complete the feasibility study; and
– San Clemente Shoreline – The Committee included $329,000 to complete the feasibility study.
– Other Coordination Programs – Within the funds provided, $600,000 is provided for Lake Tahoe coordination activities.
Coastal Field Data Collection – The Committee has provided $4,900,000 for this nationwide program. Within the funds provided
$1,000,000 is for the Southern California Beach Processes Study.
Construction (in thousands)
American River Wtrshd (Common Features) – $17,400 Senate
American River Wtrshd (Folsom Dam Modifications) – $6,000 Senate
American River Wtrshd (Folsom Dam Mini Raise) – $23,400 Senate
American River Watershed (Combined) -$ 46,800 requested, $49,800 House
CALFED Levee Stability Program – $6,000 Senate
City of Santa Clarita, CA – $1,000, $0 Senate
City of Coronado Transbay Project, CA – $500 Senate
Corte Madera Creek Flood Control – $200 House, $200 Senate
Farmington Groundwater, CA – $300 House, $0 Senate
Guadalupe River – $5,000 requested, $6,700 House, $3,000 Senate
Upper Newport Bay Ecosystem Restoration – $5,000 House, $5,000 recommended
Yuba River Basin – $1,500 House, $1,500 recommended
American River Watershed – The Report states: "The Committee has chosen not to combine the various, separately
authorized, components of the project into a single line item as was proposed in the budget. The Committee believes that it is prudent
to maintain visibility of the various project elements in the budget process."
American River Watershed (Folsom Dam Miniraise) – The Committee provides $23,400,000. Within the funds provided, $15,000,000
is for construction of the bridge.
CALFED Levee Stability Program – The Committee recommendation includes $6,000,000 to initiate this program. Within the funds
provided, the Committee has provided $500,000 for the Corps to coordinate and complete within 6 months a review of Delta levees
emergency preparedness and response planning with appropriate Federal and State agencies. The review will address preparation and
response to protect (1) life and property within the Delta and (2) statewide interests reliant on water and other resources of the
Delta, including measures to prevent salt water contamination of fresh water supplies consistent with the Delta Levee Stability Program
High Priority, Priority Group A projects.
Mid Valley Area Levee Reconstruction – The Committee recommendation includes $475,000 for a limited reevaluation report as
well as other necessary studies in advance of reconstruction.
Oakland Harbor – The Committee recommends $36,000,000 to continue construction of this project. The Report states that the
"reduction made to this project should not be viewed as any diminution of support for this project, rather an attempt to balance
out the Corps of Engineers nationwide program among the various missions of the Corps."
Santa Ana River – The Committee provides $46,000,000 to continue construction of this project. Again, the Report states
"The reduction made to this project should not be viewed as any diminution of support for this project, rather an attempt to
balance out the Corps of Engineers nationwide program among the various missions of the Corps."
Upper Guadalupe River – The Committee recommendation includes $5,000,000 to continue construction of this project.
Continuing Authorities Programs (CAP)
The Committee Report contains a long discussion of CAP projects and the need for the Corps to prioritize these projects. The
following are CAP projects in California:
Section 103 Shoreline Protection:
– Bay Farm Island Dike; and
– Goleta Beach
Section 205 Small Flood Control Projects:
– Cosgrove Creek, California;
– Heacock and Cactus Channels, California; and
– New Hogan Reservoir Re-operation, California
Section 206 Aquatic Ecosystem Restoration:
– Upper York Creek Dam Removal and Restoration, California
Section 1135:
– Tujunga Wash, California
Operations and Maintenance (in Thousands)
Black Butte Lake -, $2,156 Senate recommended
Buchanan Dam HV Eastman Lake – $2,287 Senate recommended
Sacramento River Diversion Study – RM $0; FOM&R $0
Salton Sea Research Project – RM $743; FOM&R $0
San Diego Area Water Reclamation Proj. – RM $3,465; FOM&R $0
San Gabriel Basin Project – RM $743; FOM&R $0
San Gabriel Basin Restoration – RM $0; FOM&R $0
San Jose Water Reclamation and Reuse Project – RM $495; FOM&R $0
Santa Margarita River Conjunctive Use Proj. – RM $0; FOM&R $0
Solano Project – RM $1,287; FOM&R $2,558
Southern California Investigations Program – RM $406; FOM&R $0
Ventura River Project – RM $824; FOM&R $0
Central Valley Project/Sacramento River Division – The Committee recommendation includes $450,000 for the Colusa Basin
Integrated Resources Management Plan.
Miscellaneous Project Programs – An additional $1,500,000 above the budget request is provided for the Sacramento Valley
Integrated Regional Water Management Program, $735,000 of which shall be made available for a cooperative agreement or agreements with
the Northern California Water Association to be provided to the Glenn-Colusa Irrigation District for continued work on the Stony Creek
Fan Conjunctive Water Management Program, $240,000 of which shall be available in the same manner for the Sacramento Valley Conjunctive
Water Management Technical Investigation to be provided to the Stony Creek Fan Partnership and the Natural Heritage Institute, and
$525,000 of which shall be made available in the same manner for the Lower Tuscan Formation Aquifer System Recharge Investigation and
Environmental Monitoring Program to be provided to the counties of Butte and Tehama, California.
Trinity River Division – The Committee has provided $2,000,000 above the budget request to accelerate implementation of the
Trinity River Restoration Program.
Water Conservation Field Service Program – The Committee has provided $8,421,000 for the Water Conservation Field Services
Program. Within the amounts provided, $400,000 shall be allocated for urban water conservation projects identified through the
Metropolitan Water District of Southern California Innovative Conservation Program, including the California Friendly program for water
conservation in new home construction.
Central Valley Project
The Committee recommends an appropriation of $41,478,000, the same as the budget request for the Central Valley Project Restoration
Fund.
CALFED Bay-Delta Restoration Project
The Committee recommends $38,610,000, the same as the budget request, but lower than the House recommendation of $40,110,000. The
FY2006 Appropriation was $36,630,000.
General Provisions
Section 201. The bill includes language regarding the San LuisUnit and the Kesterson Reservoir in California.
DEPARTMENT OF ENERGY
Energy Efficiency and Renewable Energy Programs
The Committee recommendation provides $1,410,254,000 for renewable energy resources, an increase of $211,660,000 from the current
year level. Within the funds provided, $4,000,000 is for the National Center on Energy Management and Building Technologies and
$3,000,000 for the UNR Renewable Energy Center for Geothermal Energy and Hydrogen.
Hydrogen – The Committee recommends $189,860,000, an increase of $34,233,000 above current year levels. The Presidents
budget also provides additional R&D support to the hydrogen program through the Office of Science, Office of Nuclear Energy, and
Fossil Energy for a total of just under $290,000,000 in fiscal year 2007.
Congressionally Directed Energy Supply and Conservation Projects
– Ohlone College Energy Innovation & Conservation, California (Solar) – $250,000
Elk Hills School Lands Fund
The Committee requests no funds for the Elk Hills School Lands Fund for fiscal year 2007, consistent with the budget request. The
State of California is to receive 9 percent of the net sales proceeds generated from the sale of Elk Hills. The level of future budget
requests is dependent on the results of the equity finalization process. The Committee Report states: "The State of California
maintains that they are due $9,000,000 under the Elk Hills program in fiscal year 2007. The Department disagrees. If this legal dispute
is resolved prior to the completion of the conference report, this issue may be re-visited."
Non-Defense Environmental CleanUp
The Committee recommendation provides $5,720,000 for Stanford Linear Accelerator Center.
Science
The Committee recommendation for the Office of Science is $4,241,062,000, $240 million above the Presidents request. The
Committee Report states: "Economists estimate that about half of U.S. economic growth since World War II has been the result of
technological innovation. Basic research and science education lay the groundwork for tomorrows technology breakthroughs. The DOE
Office of Science is the largest Federal provider of research in the physical sciences. In July 2005, the Congress passed and the
President signed the Energy Policy Act of 2005. This directed the Department to increase its investment in funding for basic physical
sciences. In his State of the Union address, the President unveiled his vision for science, embodied in the American Competitiveness
Initiative [ACI], which proposes doubling the appropriation to the Office of Science over 10 years. Congressional initiatives such as
the PACE-Energy Act propose a similar objective. The fiscal year 2007 request will put the Office of Science on course to doubling the
funding over the next decade."
High Energy Physics
The Committee recommendation provides $766,789,000. The Committee fully funds the investments at the user facilities including the
B-Factor at Stanford Linear Accelerator Center.
Joint Dark Energy Mission – The Committee Report states: "The Committee has consistently demonstrated its support of the
Departments initiative to launch a space probe to answer the fundamental physics question of our timewhat is the dark
energy that constitutes the majority of the universe? The Committee strongly believes that this initiative should move forward.
Unfortunately, the multi-agency aspect of this initiative faces insurmountable problems that imperil its future, and the Department
risks losing a world-class scientific team. The Committee is concerned that the joint mission between the Department of Energy and NASA
is untenable because of NASAs reorganization and change in focus toward manned space flight. The Committee directs the Department to
immediately begin planning for a single-agency space-based dark energy mission and to conduct a peer-reviewed competition to select a
single winning proposal based both upon the quality of the science and the overall cost to the Department. The competition should be
initiated by the end of the calendar year 2006 and completed in 2007 with the goal of a launch in fiscal year 2013. The Committee
encourages the Department to aggressively explore potential domestic and international partnerships and launch options to help defray
the cost of the missions. The Committee provides $74,271,000 for Non-Accelerator Physics, an increase of $15,000,000 above the request
to support the Joint Dark Energy Mission. The Committee has moved $8,310,000 from Theoretical Physics to the High Energy Density
Physics account."
Biological and Environmental Research
Congressionally Directed Projects
The Committee recommendation includes the following Congressionally directed projects:
– UCLA Institute for Molecular Medicine – $3,700,000
– Oakland Childrens Hospital – $225,000
– St. Mary Medical Center, California – $225,000
– UCSDNEES/NSF Outdoor Shake Table – $600,000
– St. Johns Hospital Center, Santa Monica, Womens Health Center – $200,000
Basic Energy Sciences
The Committee recommendation provides $1,445,930,000 for Basic Energy Sciences, an increase of $24,950,000 from the budget request.
Construction – The Committee recommends $148,269,000 to support construction activities within the Basic Energy Science
activities, as requested. Full funding is provided to the Nanocenters and the Linac Coherent Light Source at SLAC.
Fusion Energy Sciences
For Fusion Energy Sciences, the Committee recommends $307,001,000. Consistent with budget descriptions, the Committee has shifted
$11,949,000 provided for High Energy Density Science to the new office within the Department of Energy. California consistently
wins the lion’s share of federal expenditures for fusion energy sciences projects and programs
Inertial Confinement Fusion and High Yield Campaign
The Committee recommends $412,256,000, a reduction of $38,935,000 from the budget request. The Report states: "The NNSA has
implemented the National Ignition Campaign and declared it an enhanced management activity, which appears to be nothing more than
a NIF at-all-costs-strategy. The NNSA has pursued this agenda as a means to justify an aggressive spending baseline at the expense of
other compelling stewardship responsibilities in the ICF campaign. The NNSA has proven unable to maintain a balanced ICF and high yield
research program. As such the Committee has reallocated funding out of NIF demonstration and Construction activities to ensure that
there is adequate program balance."
Ignition – The Committee recommends $69,763,000, a reduction of $10,000,000, from the budget request.
Support of Other Stockpile Programs – The Committee recommends $25,872,000. The Report states: "This account has also
suffered as a result of the NIF program. The additional funding provides for the support of research into high energy density physics
within other campaigns."
NIF Diagnostics, Cryogenics and Experimental Support – The budget request provides a slight increase from the current year
levels. However, the Committee recommends $42,578,000, the same level as current year, a reduction of $3,381,000. These funds will be
applied toward the joint HEDP program.
University Grants – The Report states: "The Committee believes these activities would be better supported in a broader
program that would provide students and faculty broader research and experimental opportunities."
NIF Demonstration Program – The Report states: "The remaining work under the Demonstration program activities includes
assembly and installation of optics into the remaining roughly 180 of the 192 beamlines. The Department is directed to work to find
cost savings by increasing the efficiency and productivity for assembly activities. The Committee recommends $129,000,000 for
demonstration activities."
High-Energy Petawatt Laser Development – The Committee recommends no funding for this activity as the funds that were budgeted
for this account, according to the Committee Report, have been shifted to the Office of Science High Energy Density Physics program, an
increase of $27,693,000 above current year levels.
Defense Environmental Cleanup
The Committee provides the requested funding of $29,283,000 for Lawrence Livermore and $545,000 for other California Sites.
The
California Institute for Federal Policy Research
