# Omnibus Appropriations Act, 2009/Division C/Title III
## TITLE III — Department of Energy
### Energy Programs

Energy Efficiency and Renewable Energy
    For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for energy efficiency and renewable energy activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and the purchase of not to exceed two passenger vehicles for replacement, $1,928,540,000, to remain available until expended:
       Provided, That, of the amount appropriated in this paragraph, $228,803,380 shall be used for projects specified in the table that appears under the heading ``Congressionally Directed Energy Efficiency and Renewable Energy Projects'' in the text and table under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
Electricity Delivery and Energy Reliability
    For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for electricity delivery and energy reliability activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $137,000,000, to remain available until expended:
       Provided, That, of the amount appropriated in this paragraph, $19,648,475 shall be used for projects specified in the table that appears under the heading ``Congressionally Directed Electricity Delivery and Energy Reliability Projects'' in the text and table under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
Nuclear Energy
(including transfer of funds)
    For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for nuclear energy activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and the purchase of not to exceed 29 passenger motor vehicles, including three new buses and 26 replacement vehicles, including one ambulance, $792,000,000, to remain available until expended:
       Provided, That, of the amount appropriated in this paragraph, $2,854,500 shall be used for projects specified in the table that appears under the heading ``Congressionally Directed Nuclear Energy Projects'' in the text and table under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
Clean Coal Technology
(including transfer of funds)
    Of the funds made available under this heading for obligation in prior years, $149,000,000 of uncommitted balances are transferred to Fossil Energy Research and Development to be used until expended:
       Provided, That funds made available in previous appropriations Acts shall be made available for any ongoing project regardless of the separate request for proposal under which the project was selected.
Fossil Energy Research and Development
(including transfer of funds)
    For necessary expenses in carrying out fossil energy research and development activities, under the authority of the Department of Energy Organization Act (Public Law 95-91), including the acquisition of interest, including defeasible and equitable interests in any real property or any facility or for plant or facility acquisition or expansion, and for conducting inquiries, technological investigations and research concerning the extraction, processing, use, and disposal of mineral substances without objectionable social and environmental costs (30 U.S.C. 3, 1602, and 1603), $876,320,000, to remain available until expended, of which $149,000,000 shall be derived by transfer from ``Clean Coal Technology'':
       Provided, That of the amounts provided, $288,174,000 is available for the Clean Coal Power Initiative Round III solicitation, pursuant to title IV of the Public Law 109-58:
       Provided further, That funds appropriated for prior solicitations under the Clean Coal Technology Program, Power Plant Improvement Initiative, Clean Coal Power Initiative, and FutureGen, but not required by the Department to meet its obligations on projects selected under such solicitations, may be utilized for the Clean Coal Power Initiative Round III solicitation under this Act in accordance with the requirements of this Act rather than the Acts under which the funds were appropriated:
       Provided further, That no Clean Coal Power Initiative project may be selected for which full funding is not available to provide for the total project:
       Provided further, That if a Clean Coal Power Initiative project selected after enactment of this legislation for negotiation under this or any other Act in any fiscal year, is not awarded within 2 years from the date the application was selected, negotiations shall cease and the Federal funds committed to the application shall be retained by the Department for future coal-related research, development and demonstration projects, except that the time limit may be extended at the Secretary's discretion for matters outside the control of the applicant, or if the Secretary determines that extension of the time limit is in the public interest:
       Provided further, That the Secretary may not delegate this responsibility for applications greater than $10,000,000:
       Provided further, That financial assistance for costs in excess of those estimated as of the date of award of original Clean Coal Power Initiative financial assistance may not be provided in excess of the proportion of costs borne by the Government in the original agreement and shall be limited to 25 percent of the original financial assistance:
       Provided further, That funds shall be expended in accordance with the provisions governing the use of funds contained under the heading ``Clean Coal Technology'' in 42 U.S.C. 5903d as well as those contained under the heading ``Clean Coal Technology'' in prior appropriations:
       Provided further, That any technology selected under these programs shall be considered a Clean Coal Technology, and any project selected under these programs shall be considered a Clean Coal Technology Project, for the purposes of 42 U.S.C. 7651n, and chapters 51, 52, and 60 of title 40 of the Code of Federal Regulations:
       Provided further, That funds available for the Clean Coal Power Initiative Round III Funding Opportunity Announcement may be used to support any technology that meets the requirements of the Round III Announcement relating to carbon capture and storage or other beneficial uses of CO<INF>2</INF>, without regard to the 70 and 30 percent funding allocations specified in section 402(b)(1)(A) and 402(b)(2)(A) of Public Law 109-58:
       Provided further, That no part of the sum herein made available shall be used for the field testing of nuclear explosives in the recovery of oil and gas:
       Provided further, That, of the amount appropriated in this paragraph, $43,864,150 shall be used for projects specified in the table that appears under the heading ``Congressionally Directed Fossil Energy Projects'' in the text and table under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
Naval Petroleum and Oil Shale Reserves
    For expenses necessary to carry out naval petroleum and oil shale reserve activities, including the hire of passenger motor vehicles, $19,099,000, to remain available until expended:
       Provided, That, notwithstanding any other provision of law, unobligated funds remaining from prior years shall be available for all naval petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
    For necessary expenses for Strategic Petroleum Reserve facility development and operations and program management activities pursuant to the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201 et seq.), $205,000,000, to remain available until expended, of which $31,507,000 shall be provided to initiate new site expansion activities, beyond land acquisition, consistent with the budget request:
       Provided, That none of the funds provided for new site expansion activities may be obligated or expended for authorized activities until the Secretary has submitted a report to the Congress on the effects of expansion of the Reserve on the domestic petroleum market, which is required to be submitted within 45 days of enactment of this Act.
Northeast Home Heating Oil Reserve
    For necessary expenses for Northeast Home Heating Oil Reserve storage, operation, and management activities pursuant to the Energy Policy and Conservation Act, $9,800,000, to remain available until expended.
Energy Information Administration
    For necessary expenses in carrying out the activities of the Energy Information Administration, $110,595,000, to remain available until expended.
Non-Defense Environmental Cleanup
    For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for non-defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $261,819,000, to remain available until expended:
       Provided, That the appropriation includes funds for environmental remediation activities associated with the Energy Technology and Engineering Center (ETEC) at the Santa Susana Field Laboratory (SSFL), subject to the following: (1) the Department shall use a portion of this funding to enter into an interagency agreement with the Environmental Protection Agency (EPA) regarding a comprehensive radioactive site characterization of Area IV of the SSFL and (2) the Department shall provide the amount required by EPA for the radioactive site characterization in fiscal year 2009 from within the available funds:
       Provided further, That of the amounts provided, $5,000,000 is available for necessary expenses for the purpose of carrying out remedial actions under this title at real property in the vicinity of the Tuba City processing site designated in section 102(a)(1), of the Uranium Mill Tailings Radiation Control Act of 1978 (Public Law 95-604, as amended; 42 U.S.C. 7901, et seq.), notwithstanding section 112 of that Act, at a dump site immediately adjacent to the north-northwest section of the Tuba City processing site, and on the north side of Highway 160:
       Provided further, That, of the amount appropriated in this paragraph, $4,757,500 shall be used for projects specified in the table that appears under the heading ``Congressionally Directed Non-Defense Environmental Cleanup Projects'' in the text and table under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
Uranium Enrichment Decontamination and Decommissioning Fund
    For necessary expenses in carrying out uranium enrichment facility decontamination and decommissioning, remedial actions, and other activities of title II of the Atomic Energy Act of 1954, and title X, subtitle A, of the Energy Policy Act of 1992, $535,503,000, to be derived from the Uranium Enrichment Decontamination and Decommissioning Fund, to remain available until expended, of which $10,000,000 shall be available in accordance with title X, subtitle A, of the Energy Policy Act of 1992.
Science
    For Department of Energy expenses including the purchase, construction and acquisition of plant and capital equipment, and other expenses necessary for science activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or facility or for plant or facility acquisition, construction, or expansion, and purchase of not to exceed 49 passenger motor vehicles for replacement only, including one law enforcement vehicle, one ambulance, and three buses, $4,772,636,000, to remain available until expended:
       Provided, That, of the amount appropriated in this paragraph, $93,686,593 shall be used for projects specified in the table that appears under the heading ``Congressionally Directed Science Projects'' in the text and table under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
Nuclear Waste Disposal
    For nuclear waste disposal activities to carry out the purposes of the Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended (the ``NWPA''), including the acquisition of real property or facility construction or expansion, $145,390,000, to remain available until expended, and to be derived from the Nuclear Waste Fund:
       Provided, That of the funds made available in this Act for Nuclear Waste Disposal, $5,000,000 shall be provided to the Office of the Attorney General of the State of Nevada solely for expenditures, other than salaries and expenses of State employees, to conduct scientific oversight responsibilities and participate in licensing activities pursuant to the Act:
       Provided further, That notwithstanding the lack of a written agreement with the State of Nevada under section 117(c) of the NWPA, $1,000,000 shall be provided to Nye County, Nevada, for on-site oversight activities under section 117(d) of that Act:
       Provided further, That $9,000,000 shall be provided to affected units of local government, as defined in the NWPA, to conduct appropriate activities and participate in licensing activities:
       Provided further, That of the $9,000,000 provided 7.5 percent of the funds provided shall be made available to affected units of local government in California with the balance made available to affected units of local government in Nevada for distribution as determined by the Nevada units of local government:
       Provided further, That this funding shall be provided to affected units of local government, as defined in the NWPA:
       Provided further, That $500,000 shall be provided to the Timbisha-Shoshone Tribe solely for expenditures, other than salaries and expenses of tribal employees, to conduct appropriate activities and participate in licensing activities under section 118(b) of the NWPA:
       Provided further, That notwithstanding the provisions of chapters 65 and 75 of title 31, United States Code, the Department shall have no monitoring, auditing or other oversight rights or responsibilities over amounts provided to affected units of local government:
       Provided further, That the funds for the State of Nevada shall be made available solely to the Office of the Attorney General by direct payment and to units of local government by direct payment:
       Provided further, That within 90 days of the completion of each Federal fiscal year, the Office of the Attorney General of the State of Nevada and each of the affected units of local government shall provide certification to the Department of Energy that all funds expended from such payments have been expended for activities authorized by the NWPA and this Act:
       Provided further, That failure to provide such certification shall cause such entity to be prohibited from any further funding provided for similar activities:
       Provided further, That none of the funds herein appropriated may be: (1) used directly or indirectly to influence legislative action, except for normal and recognized executive-legislative communications, on any matter pending before Congress or a State legislature or for lobbying activity as provided in 18 U.S.C. 1913; (2) used for litigation expenses; or (3) used to support multi-State efforts or other coalition building activities inconsistent with the restrictions contained in this Act:
       Provided further, That all proceeds and recoveries realized by the Secretary in carrying out activities authorized by the NWPA, including but not limited to, any proceeds from the sale of assets, shall be available without further appropriation and shall remain available until expended:
       Provided further, That no funds provided in this Act or any previous Act may be used to pursue repayment or collection of funds provided in any fiscal year to affected units of local government for oversight activities that had been previously approved by the Department of Energy, or to withhold payment of any such funds:
       Provided further, That, of the amount appropriated in this paragraph, $1,855,425 shall be used for projects specified in the table that appears under the heading ``Congressionally Directed Nuclear Waste Disposal Projects'' in the text and table under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
Title 17 Innovative Technology Loan Guarantee Program
    Subject to section 502 of the Congressional Budget Act of 1974, commitments to guarantee loans under title XVII of the Energy Policy Act of 2005, shall not exceed a total principal amount of $47,000,000,000 for eligible projects, to remain available until committed, and of which $18,500,000,000 shall be for nuclear power facilities:
       Provided, That these amounts are in addition to the authority provided under section 20320 of Division B of Public Law 109-289, as amended by Public Law 110-5:
       Provided further, That such sums as are derived from amounts received from borrowers pursuant to section 1702(b)(2) of the Energy Policy Act of 2005 under this heading in this and prior Acts, shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974:
       Provided further, That the source of such payment received from borrowers is not a loan or other debt obligation that is guaranteed by the Federal Government:
       Provided further, That pursuant to section 1702(b)(2) of the Energy Policy Act of 2005, no appropriations are available to pay the subsidy cost of such guarantees:
       Provided further, That for necessary administrative expenses to carry out this Loan Guarantee program, $19,880,000 is appropriated, to remain available until expended:
       Provided further, That $19,880,000 of the fees collected pursuant to section 1702(h) of the Energy Policy Act of 2005 shall be credited as offsetting collections to this account to cover administrative expenses and shall remain available until expended, so as to result in a final fiscal year 2009 appropriations from the general fund estimated at not more than $0:
       Provided further, That none of the funds made available in this Act shall be available for the execution of a new solicitation with respect to such guaranteed loans until 30 days after the Department of Energy has submitted to the Committees on Appropriations of the House of Representatives and the Senate a loan guarantee implementation plan that defines the proposed award levels and eligible technologies:
       Provided further, That none of the loan guarantee authority made available in this Act shall be available for commitments to guarantee loans for any projects where funds, personnel, or property (tangible or intangible) of any Federal agency, instrumentality, personnel or affiliated entity are expected to be used (directly or indirectly) through acquisitions, contracts, demonstrations, exchanges, grants, incentives, leases, procurements, sales, other transaction authority, or other arrangements, to support the project or to obtain goods or services from the project:
       Provided further, That the previous proviso shall not be interpreted as precluding the use of the loan guarantee authority in this Act for commitments to guarantee loans for projects as a result of such projects benefiting from (a) otherwise allowable Federal income tax benefits; (b) being located on Federal land pursuant to a lease or right-of-way agreement for which all consideration for all uses is (i) paid exclusively in cash, (ii) deposited in the Treasury as offsetting receipts, and (iii) equal to the fair market value as determined by the head of the relevant Federal agency; (c) Federal insurance programs, including Price-Anderson; or (d) for electric generation projects, use of transmission facilities owned or operated by a Federal Power Marketing Administration or the Tennessee Valley Authority that have been authorized, approved, and financed independent of the project receiving the guarantee:
       Provided further, That none of the loan guarantee authority made available in this Act shall be available for any project unless the Director of the Office of Management and Budget has certified in advance in writing that the loan guarantee and the project comply with the provisions under this title.
Departmental Administration
(including transfer of funds)
    For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the hire of passenger motor vehicles and official reception and representation expenses not to exceed $30,000, $272,643,000, to remain available until expended, plus such additional amounts as necessary to cover increases in the estimated amount of cost of work for others notwithstanding the provisions of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.):
       Provided, That such increases in cost of work are offset by revenue increases of the same or greater amount, to remain available until expended:
       Provided further, That moneys received by the Department for miscellaneous revenues estimated to total $117,317,000 in fiscal year 2009 may be retained and used for operating expenses within this account, and may remain available until expended, as authorized by section 201 of Public Law 95-238, notwithstanding the provisions of 31 U.S.C. 3302:
       Provided further, That the sum herein appropriated shall be reduced by the amount of miscellaneous revenues received during 2009, and any related appropriated receipt account balances remaining from prior years' miscellaneous revenues, so as to result in a final fiscal year 2009 appropriation from the general fund estimated at not more than $155,326,000.
Office of the Inspector General
    For necessary expenses of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $51,927,000, to remain available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
Weapons Activities
    For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for atomic energy defense weapons activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, the purchase of not to exceed two passenger motor vehicles, and one ambulance; $6,380,000,000, to remain available until expended:
       Provided, That $19,300,000 is authorized to be appropriated for the 09-D-007 LANSCE Refurbishment, PED, Los Alamos National Laboratory, Los Alamos, New Mexico:
       Provided further, That, of the amount appropriated in this paragraph, $22,836,000 shall be used for projects specified in the table that appears under the heading ``Congressionally Directed Weapons Activities Projects'' in the text and table under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
Defense Nuclear Nonproliferation
    For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and the purchase of not to exceed one passenger motor vehicle for replacement only, $1,482,350,000, to remain available until expended:
       Provided, That, of the amount appropriated in this paragraph, $1,903,000 shall be used for projects specified under the heading ``Congressionally Directed Defense Nuclear Nonproliferation Projects'' in the text and table under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
Naval Reactors
    For Department of Energy expenses necessary for naval reactors activities to carry out the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition (by purchase, condemnation, construction, or otherwise) of real property, plant, and capital equipment, facilities, and facility expansion, $828,054,000, to remain available until expended.
Office of the Administrator
    For necessary expenses of the Office of the Administrator in the National Nuclear Security Administration, including official reception and representation expenses not to exceed $12,000, $439,190,000, to remain available until expended:
       Provided, That, of the amount appropriated in this paragraph, $23,311,750 shall be used for the projects specified in the table that appears under the heading ``Congressionally Directed Office of the Administrator (NNSA) Projects'' in the text and table under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
(including transfer of funds)
    For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for atomic energy defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and the purchase of not to exceed four ambulances and three passenger motor vehicles for replacement only, $5,657,250,000, to remain available until expended, of which $463,000,000 shall be transferred to the ``Uranium Enrichment Decontamination and Decommissioning Fund'':
       Provided, That, of the amount appropriated in this paragraph, $17,908,391 shall be used for projects specified in the table that appears under the heading ``Congressionally Directed Defense Environmental Cleanup Projects'' in the text and table under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
Other Defense Activities
    For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses, necessary for atomic energy defense, other defense activities, and classified activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and the purchase of not to exceed 10 passenger motor vehicles for replacement only, $1,314,063,000, to remain available until expended:
       Provided, That of the funds provided herein, $487,008,000 is for project 99-D-143 Mixed Oxide Fuel Fabrication Facility, Savannah River Site, South Carolina:
       Provided further, That the Department of Energy adhere strictly to Department of Energy Order 413.3A for Project 99-D-143:
       Provided further, That, of the amount appropriated in this paragraph, $999,075 shall be used for projects specified in the table that appears under the heading ``Congressionally Directed Other Defense Activities Projects'' in the text and table under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
Defense Nuclear Waste Disposal
    For nuclear waste disposal activities to carry out the purposes of Public Law 97-425, as amended, including the acquisition of real property or facility construction or expansion, $143,000,000, to remain available until expended.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
    Expenditures from the Bonneville Power Administration Fund, established pursuant to Public Law 93-454, are approved for official reception and representation expenses in an amount not to exceed $1,500. During fiscal year 2009, no new direct loan obligations may be made.
Operation and Maintenance, Southeastern Power Administration
    For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy, including transmission wheeling and ancillary services pursuant to section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southeastern power area, $7,420,000, to remain available until expended:
       Provided, That, notwithstanding 31 U.S.C. 3302, up to $49,520,000 collected by the Southeastern Power Administration pursuant to the Flood Control Act of 1944 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures.
Operation and Maintenance, Southwestern Power Administration
    For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy, for construction and acquisition of transmission lines, substations and appurtenant facilities, and for administrative expenses, including official reception and representation expenses in an amount not to exceed $1,500 in carrying out section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the Southwestern Power Administration, $28,414,000, to remain available until expended:
       Provided, That, notwithstanding 31 U.S.C. 3302, up to $35,000,000 collected by the Southwestern Power Administration pursuant to the Flood Control Act of 1944 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures.
Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration
    For carrying out the functions authorized by title III, section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other related activities including conservation and renewable resources programs as authorized, including official reception and representation expenses in an amount not to exceed $1,500; $218,346,000, to remain available until expended, of which $208,642,000 shall be derived from the Department of the Interior Reclamation Fund:
       Provided, That of the amount herein appropriated, $7,342,000 is for deposit into the Utah Reclamation Mitigation and Conservation Account pursuant to title IV of the Reclamation Projects Authorization and Adjustment Act of 1992:
       Provided further, That notwithstanding the provision of 31 U.S.C. 3302, up to $403,118,000 collected by the Western Area Power Administration pursuant to the Flood Control Act of 1944 and the Reclamation Project Act of 1939 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures.
Falcon and Amistad Operating and Maintenance Fund
    For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $2,959,000, to remain available until expended, and to be derived from the Falcon and Amistad Operating and Maintenance Fund of the Western Area Power Administration, as provided in section 423 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995.
Federal Energy Regulatory Commission
Salaries and Expenses
    For necessary expenses of the Federal Energy Regulatory Commission to carry out the provisions of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C. 3109, the hire of passenger motor vehicles, and official reception and representation expenses not to exceed $3,000, $273,400,000, to remain available until expended:
       Provided, That notwithstanding any other provision of law, not to exceed $273,400,000 of revenues from fees and annual charges, and other services and collections in fiscal year 2009 shall be retained and used for necessary expenses in this account, and shall remain available until expended:
       Provided further, That the sum herein appropriated from the general fund shall be reduced as revenues are received during fiscal year 2009 so as to result in a final fiscal year 2009 appropriation from the general fund estimated at not more than $0.

### Sec. 301.

    Contract Competition. (a) None of the funds in this or any other appropriations Act for fiscal year 2009 or any previous fiscal year may be used to make payments for a noncompetitive management and operating contract, or a contract for environmental remediation or waste management in excess of $100,000,000 in annual funding at a current or former management and operating contract site or facility, or to award a significant extension or expansion to an existing management and operating contract, or other contract covered by this section, unless such contract is awarded using competitive procedures or the Secretary of Energy grants, on a case-by-case basis, a waiver to allow for such a deviation. The Secretary may not delegate the authority to grant such a waiver.
    (b) Within 30 days of formally notifying an incumbent contractor that the Secretary intends to grant such a waiver, the Secretary shall submit to the Subcommittees on Energy and Water Development of the Committees on Appropriations of the House of Representatives and the Senate a report notifying the Subcommittees of the waiver and setting forth, in specificity, the substantive reasons why the Secretary believes the requirement for competition should be waived for this particular award.
    (c) In this section the term ``competitive procedures'' has the meaning provided in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403) and includes procedures described in section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253) other than a procedure that solicits a proposal from only one source.

### Sec. 302.

    Unfunded Requests for Proposals. None of the funds appropriated by this Act may be used to prepare or initiate Requests For Proposals (RFPs) for a program if the program has not been funded by Congress.

### Sec. 303.

    Department of Energy Defense Nuclear Facilities Workforce Restructuring. None of the funds appropriated by this Act may be used—
(1) to augment the funds made available for obligation by this Act for severance payments and other benefits and community assistance grants under section 4604 of the Atomic Energy Defense Act (50 U.S.C. 2704) unless the Department of Energy submits a reprogramming request to the appropriate congressional committees; or
(2) to provide enhanced severance payments or other benefits for employees of the Department of Energy under such section; or
(3) develop or implement a workforce restructuring plan that covers employees of the Department of Energy.

### Sec. 304.

    Unexpended Balances. The unexpended balances of prior appropriations provided for activities in this Act may be available to the same appropriation accounts for such activities established pursuant to this title. Available balances may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund for the same time period as originally enacted.

### Sec. 305.

    Bonneville Power Authority Service Territory. None of the funds in this or any other Act for the Administrator of the Bonneville Power Administration may be used to enter into any agreement to perform energy efficiency services outside the legally defined Bonneville service territory, with the exception of services provided internationally, including services provided on a reimbursable basis, unless the Administrator certifies in advance that such services are not available from private sector businesses.

### Sec. 306.

    User Facilities. When the Department of Energy makes a user facility available to universities or other potential users, or seeks input from universities or other potential users regarding significant characteristics or equipment in a user facility or a proposed user facility, the Department shall ensure broad public notice of such availability or such need for input to universities and other potential users. When the Department of Energy considers the participation of a university or other potential user as a formal partner in the establishment or operation of a user facility, the Department shall employ full and open competition in selecting such a partner. For purposes of this section, the term ``user facility'' includes, but is not limited to: (1) a user facility as described in section 2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a National Nuclear Security Administration Defense Programs Technology Deployment Center/User Facility; and (3) any other Departmental facility designated by the Department as a user facility.

### Sec. 307.

    Intelligence Activities. 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 for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 2009 until the enactment of the Intelligence Authorization Act for fiscal year 2009.

### Sec. 308.

    Laboratory Directed Research and Development. Of the funds made available by the Department of Energy for activities at government-owned, contractor-operated laboratories funded in this Act or subsequent Energy and Water Development Appropriations Acts, the Secretary may authorize a specific amount, not to exceed 8 percent of such funds, to be used by such laboratories for laboratory directed research and development:
       Provided, That the Secretary may also authorize a specific amount not to exceed 4 percent of such funds, to be used by the plant manager of a covered nuclear weapons production plant or the manager of the Nevada Site Office for plant or site directed research and development:
       Provided further, That notwithstanding Department of Energy order 413.2A, dated January 8, 2001, beginning in fiscal year 2006 and thereafter, all DOE laboratories may be eligible for laboratory directed research and development funding.

### Sec. 309.

    Reliable Replacement Warhead. None of the funds provided in this Act shall be available for the Reliable Replacement Warhead (RRW).

### Sec. 310.

    General Plant Projects. Plant or construction projects for which amounts are made available under this and subsequent appropriation Acts with a current estimated cost of less than $10,000,000 are considered for purposes of section 4703 of Public Law 107-314 as a plant project for which the approved total estimated cost does not exceed the minor construction threshold and for purposes of section 4704 of Public Law 107-314 as a construction project with a current estimated cost of less than a minor construction threshold.

### Sec. 311.

    Energy Production. The Secretary of Energy shall provide funding to the National Academy of Sciences to conduct an inventory of the energy development potential on all lands currently managed by the Department of Energy together with a report, to be submitted not later than July 1, 2009, which includes (1) a detailed analysis of all such resources including oil, gas, coal, solar, wind, geothermal and other renewable resources on such lands, (2) a delineation of the resources presently available for development as well as those potentially available in the future, and (3) an analysis of the environmental impacts associated with any future development including actions necessary to mitigate negative impacts.

### Sec. 312.

    Reno Hydrogen Fuel Project. (a) The non-Federal share of project costs shall be 20 percent.
    (b) The cost of project vehicles, related facilities, and other activities funded from the Federal Transit Administration sections 5307, 5308, 5309, and 5314 program, including the non-Federal share for the FTA funds, is an eligible component of the non-Federal share for this project.
    (c) Contribution of the non-Federal share of project costs for all grants made for this project may be deferred until the entire project is completed.
    (d) All operations and maintenance costs associated with vehicles, equipment, and facilities utilized for this project are eligible project costs.
    (e) This section applies to project appropriations beginning in fiscal year 2004.

### Sec. 313.

    Integrated University Program. (a) The Secretary of Energy, along with the Administrator of the National Nuclear Security Administration and the Chairman of the Nuclear Regulatory Commission, shall establish an Integrated University Program.
    (b) For the purposes of carrying out this section, $45,000,000 is authorized to be appropriated in each of fiscal years 2009 to 2019 as follows:
(1) $15,000,000 for the Department of Energy;
(2) $15,000,000 for the Nuclear Regulatory Commission; and
(3) $15,000,000 for the National Nuclear Security Administration.
    (c) Of the amounts authorized to carry out this section, $10,000,000 shall be used by each organization to support university research and development in areas relevant to their respective organization's mission, and $5,000,000 shall be used by each organization to support a jointly implemented Nuclear Science and Engineering Grant Program that will support multiyear research projects that do not align with programmatic missions but are critical to maintaining the discipline of nuclear science and engineering.