PUBLIC LAW 111–85—OCT. 28, 2009 123 STAT. 2845 

Public Law 111–85 

111th Congress 

An Act 

Making appropriations for energy and water development and related agencies 

for the fiscal year ending September 30, 2010, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, That the 

following sums are appropriated, out of any money in the Treasury 

not otherwise appropriated, for energy and water development and 

related agencies for the fiscal year ending September 30, 2010, 

and for other purposes, namely: 

TITLE I 

CORPS OF ENGINEERS—CIVIL 

DEPARTMENT OF THE ARMY 

CORPS OF ENGINEERS—CIVIL

The following appropriations shall be expended under the direction 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 

reduction, shore protection, aquatic ecosystem restoration, and 

related efforts. 

INVESTIGATIONS

For expenses necessary where authorized by law for the collection and study of basic information pertaining to river and harbor, 

flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related needs; for surveys and detailed 

studies, and plans and specifications of proposed river and harbor, 

flood and storm damage reduction, shore protection, and aquatic 

ecosystem restoration projects and related efforts prior to construction; for restudy of authorized projects; and for miscellaneous investigations and, when authorized by law, surveys and detailed studies, 

and plans and specifications of projects prior to construction, 

$160,000,000, to remain available until expended. 

CONSTRUCTION

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the construction of river and harbor, 

flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law; for 

Energy and 

Water 

Development and 

Related Agencies 

Appropriations 

Act, 2010. 

Oct. 28, 2009 

[H.R. 3183] 


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123 STAT. 2846 PUBLIC LAW 111–85—OCT. 28, 2009 

conducting detailed studies, and plans and specifications, of such 

projects (including those involving participation by States, local 

governments, or private groups) authorized or made eligible for 

selection by law (but such detailed studies, and plans and specifications, shall not constitute a commitment of the Government to 

construction); $2,031,000,000, 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 Harbor Maintenance Trust Fund as authorized by Public Law 104–303; and of 

which such sums as are necessary to cover one-half of the costs 

of construction, replacement, rehabilitation, and expansion of inland 

waterways projects (including only Chickamauga Lock, Tennessee; 

Kentucky Lock and Dam, Tennessee River, Kentucky; Lock and 

Dams 2, 3, and 4 Monongahela River, Pennsylvania; Markland 

Locks and Dam, Kentucky and Indiana; Olmsted Lock and Dam, 

Illinois and Kentucky; and Emsworth Locks and Dam, Ohio River, 

Pennsylvania) shall be derived from the Inland Waterways Trust 

Fund: Provided, That $1,500,000 of the funds appropriated under 

this heading in title I of division C of the Omnibus Appropriations 

Act, 2009 (Public Law 111–8; 123 Stat. 601–609) is transferred 

to the Investigations account and, in addition to funds appropriated 

by this Act, applied toward the cost of carrying out the Seven 

Oaks Water Conservation Study, California: Provided further, That 

the Chief of Engineers is directed to use $12,594,000 of the funds 

appropriated herein 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 

$1,417,000 of funds available for the Greenbrier Basin, Marlinton, 

West Virginia, Local Protection Project to continue engineering 

and design efforts, execute a project partnership agreement, and 

initiate construction of the project substantially in accordance with 

Alternative 1 as described in the Corps of Engineers Final Detailed 

Project Report and Environmental Impact Statement for Marlinton, 

West Virginia Local Protection Project dated September 2008: Provided further, That the Federal and non-Federal shares shall be 

determined in accordance with the ability-to-pay provisions prescribed in section 103(m) of the Water Resources Development 

Act of 1986, as amended: Provided further, That the Chief of Engineers is directed to use $4,000,000 of the funds appropriated herein 

for planning, engineering, design or construction of the Grundy, 

Buchanan County, and Dickenson County, Virginia, elements of 

the Levisa and Tug Forks of the Big Sandy River and Upper 

Cumberland River Project: Provided further, That the Chief of Engineers is directed to use $2,750,000 of the funds appropriated herein 

to continue planning, engineering, design or construction of the 

Lower Mingo County, Upper Mingo County, Wayne County, 

McDowell County, West Virginia, elements of the Levisa and Tug 

Forks of the Big Sandy River and Upper Cumberland River Project: 

Provided further, That the Secretary of the Army, acting through 

the Chief of Engineers, is directed to use $9,500,000 of the funds 

appropriated herein for the Clover Fork, City of Cumberland, Town 

of Martin, Pike County (including Levisa Fork and Tug Fork Tributaries), Bell County, Harlan County in accordance with the Draft 

Detailed Project Report dated January 2002, Floyd County, Martin 

County, Johnson County, and Knox County, Kentucky, detailed 


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PUBLIC LAW 111–85—OCT. 28, 2009 123 STAT. 2847 

project report, elements of the Levisa and Tug Forks of the Big 

Sandy River and Upper Cumberland River: Provided further, That 

not less than $3,000,000 of the funds provided for the Levisa and 

Tug Forks in Kentucky shall be used for the project in the Town 

of Martin, Kentucky. 

MISSISSIPPI RIVER AND TRIBUTARIES

For expenses necessary for flood damage reduction projects 

and related efforts in the Mississippi River alluvial valley below 

Cape Girardeau, Missouri, as authorized by law, $340,000,000, to 

remain available until expended, of which such sums as are necessary to cover the Federal share of eligible operation and maintenance costs for inland harbors shall be derived from the Harbor 

Maintenance Trust Fund: Provided, That the Secretary of the Army, 

acting through the Chief of Engineers is directed to use $9,661,000 

appropriated herein for construction of water withdrawal features 

of the Grand Prairie, Arkansas, project. 

OPERATION AND MAINTENANCE

For expenses necessary for the operation, maintenance, and 

care of existing river and harbor, flood and storm damage reduction, 

aquatic ecosystem restoration, and related projects authorized by 

law; providing security for infrastructure owned or operated by 

the Corps, including administrative buildings and laboratories; 

maintaining harbor channels provided by a State, municipality, 

or other public agency that serve essential navigation needs of 

general commerce, where authorized by law; surveying and charting 

northern and northwestern lakes and connecting waters; clearing 

and straightening channels; and removing obstructions to navigation, $2,400,000,000, to remain available until expended, of which 

such sums as are necessary to cover the Federal share of eligible 

operation and maintenance costs for coastal harbors and channels, 

and for inland harbors shall be derived from the Harbor Maintenance Trust Fund; of which such sums as become available from 

the special account for the Corps established by the Land and 

Water Conservation Act of 1965 (16 U.S.C. 460l–6a(i)), shall be 

derived from that account for resource protection, research, 

interpretation, and maintenance activities related to resource 

protection in the areas at which outdoor recreation is available; 

and of which such sums as become available from fees collected 

under section 217 of the Water Resources Development Act of 

1996 (Public Law 104–303) shall be used to cover the cost of 

operation and maintenance of the dredged material disposal facilities for which such fees have been collected: Provided, That 1 

percent of the total amount of funds provided for each of the 

programs, projects or activities funded under this heading shall 

not be allocated to a field operating activity prior to the beginning 

of the fourth quarter of the fiscal year and shall be available 

for use by the Chief of Engineers to fund such emergency activities 

as the Chief of Engineers determines to be necessary and appropriate; and that the Chief of Engineers shall allocate during the 

fourth quarter any remaining funds which have not been used 

for emergency activities proportionally in accordance with the 

amounts provided for the programs, projects or activities. 


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123 STAT. 2848 PUBLIC LAW 111–85—OCT. 28, 2009 

REGULATORY PROGRAM

For expenses necessary for administration of laws pertaining 

to regulation of navigable waters and wetlands, $190,000,000, to 

remain available until expended. 

FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

For expenses necessary to clean up contamination from sites 

in the United States resulting from work performed as part of 

the Nation’s early atomic energy program, $134,000,000, to remain 

available until expended. 

EXPENSES

For expenses necessary for the supervision and general 

administration of the civil works program in the headquarters 

of the United States Army Corps of Engineers and the offices 

of the Division Engineers; and for the management and operation 

of the Humphreys Engineer Center Support Activity, the Institute 

for Water Resources, the United States Army Engineer Research 

and Development Center, and the United States Army Corps of 

Engineers Finance Center, $185,000,000, to remain available until 

expended, of which not to exceed $5,000 may be used for official 

reception and representation purposes and only during the current 

fiscal year: Provided, That no part of any other appropriation provided in title I of this Act shall be available to fund the civil 

works activities of the Office of the Chief of Engineers or the 

civil works executive direction and management activities of the 

division offices: Provided further, That any Flood Control and 

Coastal Emergencies appropriation may be used to fund the supervision and general administration of emergency operations, repairs, 

and other activities in response to any flood, hurricane, or other 

natural disaster. 

OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL WORKS)

For the Office of Assistant Secretary of the Army (Civil Works) 

as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain available until expended. 

ADMINISTRATIVE PROVISION

The Revolving Fund, Corps of Engineers, shall be available 

during the current fiscal year for purchase (not to exceed 100 

for replacement only) and hire of passenger motor vehicles for 

the civil works program. 

GENERAL PROVISIONS, CORPS OF ENGINEERS—CIVIL

SEC. 101. (a) None of the funds provided in title I of this 

Act, or provided by previous appropriations Acts to the agencies 

or entities funded in title I of this Act that remain available for 

obligation or expenditure in fiscal year 2010, shall be available 

for obligation or expenditure through a reprogramming of funds 

that: 

(1) creates or initiates a new program, project, or activity; 

(2) eliminates a program, project, or activity; 


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PUBLIC LAW 111–85—OCT. 28, 2009 123 STAT. 2849 

(3) increases funds or personnel for any program, project, 

or activity for which funds have been denied or restricted 

by this Act, unless prior approval is received from the House 

and Senate Committees on Appropriations; 

(4) proposes to use funds directed for a specific activity 

for a different purpose, unless prior approval is received from 

the House and Senate Committees on Appropriations; 

(5) augments or reduces existing programs, projects or 

activities in excess of the amounts contained in subsections 

6 through 10, unless prior approval is received from the House 

and Senate Committees on Appropriations; 

(6) INVESTIGATIONS.—For a base level over $100,000, reprogramming of 25 percent of the base amount up to a limit 

of $150,000 per project, study or activity is allowed: Provided, That for a base level less than $100,000, the reprogramming 

limit is $25,000: Provided further, That up to $25,000 may 

be reprogrammed into any continuing study or activity that 

did not receive an appropriation for existing obligations and 

concomitant administrative expenses; 

(7) CONSTRUCTION.—For a base level over $2,000,000, reprogramming of 15 percent of the base amount up to a limit 

of $3,000,000 per project, study or activity is allowed: Provided, 

That for a base level less than $2,000,000, the reprogramming 

limit is $300,000: Provided further, That up to $3,000,000 may 

be reprogrammed for settled contractor claims, changed conditions, or real estate deficiency judgments: Provided further, 

That up to $300,000 may be reprogrammed into any continuing 

study or activity that did not receive an appropriation for 

existing obligations and concomitant administrative expenses; 

(8) OPERATION AND MAINTENANCE.—Unlimited reprogramming authority is granted in order for the Corps to be able 

to respond to emergencies: Provided, That the Chief of Engineers must notify the House and Senate Committees on Appropriations of these emergency actions as soon thereafter as practicable: Provided further, That for a base level over $1,000,000, 

reprogramming of 15 percent of the base amount a limit of 

$5,000,000 per project, study or activity is allowed: Provided 

further, That for a base level less than $1,000,000, the reprogramming limit is $150,000: Provided further, That $150,000 

may be reprogrammed into any continuing study or activity 

that did not receive an appropriation; 

(9) MISSISSIPPI RIVER AND TRIBUTARIES.—The same reprogramming guidelines for the Investigations, Construction, 

and Operation and Maintenance portions of the Mississippi 

River and Tributaries Account as listed above; and 

(10) FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM.—Reprogramming of up to 15 percent of the base of 

the receiving project is permitted. 

(b) DIMINIMUS REPROGRAMMINGS.—In no case should a reprogramming for less than $50,000 be submitted to the House 

and Senate Committees on Appropriations. 

(c) CONTINUING AUTHORITIES PROGRAM.—Subsection (a)(1) shall 

not apply to any project or activity funded under the continuing 

authorities program. 

(d) Not later than 60 days after the date of enactment of 

this Act, the Corps of Engineers shall submit a report to the 

House and Senate Committees on Appropriations to establish the 

Deadline. 

Reports. 

Notification. 


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123 STAT. 2850 PUBLIC LAW 111–85—OCT. 28, 2009 

baseline for application of reprogramming and transfer authorities 

for the current fiscal year: Provided, That the report shall include: 

(1) A table for each appropriation with a separate column 

to display the President’s budget request, adjustments made 

by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; 

(2) A delineation in the table for each appropriation both 

by object class and program, project and activity as detailed 

in the budget appendix for the respective appropriations; and 

(3) An identification of items of special congressional 

interest. 

SEC. 102. None of the funds in this Act, or previous Acts, 

making funds available for Energy and Water Development, shall 

be used to implement any pending or future competitive sourcing 

actions under OMB Circular A–76 or High Performing Organizations for the U.S. Army Corps of Engineers. 

SEC. 103. None of the funds made available in this title may 

be used to award or modify any contract that commits funds beyond 

the amounts appropriated for that program, project, or activity 

that remain unobligated, except that such amounts may include 

any funds that have been made available through reprogramming 

pursuant to section 101. 

SEC. 104. None of the funds in this Act, or previous Acts 

making funds available for Energy and Water Development, shall 

be used to award any continuing contract that commits additional 

funding from the Inland Waterways Trust Fund unless or until 

such time that a long-term mechanism to enhance revenues in 

the Fund sufficient to meet the cost-sharing authorized in the 

Water Resources Development Act of 1986 (Public Law 99–662) 

is enacted. 

SEC. 105. The project for navigation, Two Harbors, Minnesota, 

being carried out under section 107 of the River and Harbor Act 

of 1960 (33 U.S.C. 577), and modified by section 3101 of the Water 

Resources Development Act of 2007 (121 Stat. 1133), is further 

modified to direct the Secretary to credit, in accordance with section 

221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b), toward 

the non-Federal share of the project the cost of planning, design, 

and construction work carried out by the non-Federal interest for 

the project before the date of execution of a partnership agreement 

for the project. 

SEC. 106. Section 154(h) of title I of division B of the Miscellaneous Appropriations Act, 2001 (114 Stat. 2763A–254) (as enacted 

into law by Public Law 106–554) is amended by striking 

‘‘$40,000,000’’ and inserting ‘‘$60,000,000’’. 

SEC. 107. The Secretary is directed to use such funds as are 

necessary, from amounts made available in this Act under the 

heading ‘‘Construction’’, to expedite acquisition of those properties 

located in the vicinity of Martin, Kentucky, that were damaged 

by the floodwaters in the May 2009 flood event and that fall 

within Phases 3 and 4 of the mandatory and voluntary acquisition 

elements identified in Plan A of the Chief of Engineers, Town 

of Martin Nonstructural Project Detailed Project Report, Appendix 

T, Section 202 General Plan, dated March 2000. 

SEC. 108. Within 90 days of the date of the Chief of Engineers 

Report on a water resource matter, the Assistant Secretary of 

the Army (Civil Works) shall submit the report to the appropriate 

authorizing and appropriating committees of the Congress. 

Deadline. 

Reports. 


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PUBLIC LAW 111–85—OCT. 28, 2009 123 STAT. 2851 

SEC. 109. (a) IN GENERAL.—Subject to subsection (b), none 

of the funds made available by this Act may be used to carry 

out any water reallocation project or component under the Wolf 

Creek Project, Lake Cumberland, Kentucky, authorized under the 

Act of June 28, 1938 (52 Stat. 1215, ch. 795) and the Act of 

July 24, 1946 (60 Stat. 636, ch. 595). 

(b) EXISTING REALLOCATIONS.—Subsection (a) shall not apply 

to any water reallocation for Lake Cumberland, Kentucky, that 

is carried out subject to an agreement or payment schedule in 

effect on the date of enactment of this Act. 

SEC. 110. Section 592(g) of Public Law 106–53 (113 Stat. 380), 

as amended by section 120 of Public Law 108–137 (117 Stat. 1837) 

and section 5097 of Public Law 110–114 (121 Stat. 1233), is further 

amended by striking ‘‘$110,000,000’’ and inserting ‘‘$200,000,000’’ 

in lieu thereof. 

SEC. 111. The project for flood control, Big Sioux River and 

Skunk Creek, Sioux Falls, South Dakota authorized by section 

101(a)(28) of the Water Resources Development Act of 1996 (Public 

Law 104–303; 110 Stat. 3666), is modified to authorize the Secretary 

to construct the project at an estimated total cost of $53,500,000, 

with an estimated Federal cost of $37,700,000 and an estimated 

non-Federal cost of $15,800,000. 

SEC. 112. Section 595(h) of Public Law 106–53 (113 Stat. 384), 

as amended by section 5067 of Public Law 110–114 (121 Stat. 

1219), is further amended by— 

(1) striking the phrase ‘‘$25,000,000 for each of Montana 

and New Mexico’’ and inserting the following language in lieu 

thereof: ‘‘$75,000,000 for Montana, $25,000,000 for New 

Mexico’’; and 

(2) striking ‘‘$50,000,000’’ and inserting ‘‘$100,000,000’’ in 

lieu thereof. 

SEC. 113. The project for flood damage reduction, Des Moines 

and Raccoon Rivers, Des Moines Iowa, authorized by section 

1001(21) of the Water Resources Development Act of 2007 (121 

Stat. 1053), is modified to authorize the Secretary to construct 

the project at a total cost of $16,500,000 with an estimated Federal 

cost of $10,725,000 and an estimated non-Federal cost of $5,775,000. 

SEC. 114. The project for flood damage reduction, Breckenridge, 

Minnesota, authorized by section 320 of the Water Resources 

Development Act of 2000 (Public Law 106–541; 114 Stat. 2605), 

is modified to authorize the Secretary to construct the project at 

a total cost of $39,360,000 with an estimated Federal cost of 

$25,000,000 and an estimated non-Federal cost of $14,360,000. 

SEC. 115. Section 122 of title I of division D of the Consolidated 

Appropriations Resolution, 2003 (Public Law 108–7; 117 Stat. 141) 

is amended by striking ‘‘$10,000,000’’ and inserting ‘‘$27,000,000’’ 

in lieu thereof. 

SEC. 116. The Secretary of the Army is authorized to carry 

out structural and non-structural projects for storm damage prevention and reduction, coastal erosion, and ice and glacial damage 

in Alaska, including relocation of affected communities and 

construction of replacement facilities: Provided, That the non-Federal share of any project carried out pursuant to this section shall 

be no more than 35 percent of the total cost of the project and 

shall be subject to the ability of the non-Federal interest to pay, 

as determined in accordance with 33 U.S.C. 2213(m). 


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123 STAT. 2852 PUBLIC LAW 111–85—OCT. 28, 2009 

SEC. 117. Section 3111(1) of the Water Resources Development 

Act, 2007 (Public Law 110–114; 121 Stat. 1041) is amended by 

inserting after the word ‘‘before’’, the following: ‘‘, on and after’’. 

SEC. 118. The flood control project for West Sacramento, California, authorized by section 101(4), Water Resources Development 

Act, 1992, Public Law 102–580; Energy and Water Development 

Appropriations Act, 1999, Public Law 105–245, is modified to 

authorize the Secretary of Army, acting through the Chief of Engineers, to construct the project at a total cost of $53,040,000 with 

an estimated first Federal cost of $38,355,000 and an estimated 

non-Federal first cost of $14,685,000. 

SEC. 119. Section 528(b)(3)(C)(ii) of the Water Resources 

Development Act of 1996 (110 Stat. 3769; 121 Stat. 1270) is 

amended— 

(1) in subclause (I), by striking ‘‘subclause (II)’’ and 

inserting ‘‘subclauses (II) and (III)’’; and 

(2) by adding at the end the following: 

‘‘(III) TEN MILE CREEK WATER PRESERVE

AREA.—The Federal share of the cost of the Ten 

Mile Creek Water Preserve Area may exceed 

$25,000,000 by an amount equal to not more than 

$3,500,000, which shall be used to pay the Federal 

share of the cost of— 

‘‘(aa) the completion of a post authorization change report; and 

‘‘(bb) the maintenance of the Ten Mile 

Creek Water Preserve Area in caretaker status 

through fiscal year 2013.’’. 

SEC. 120. As soon as practicable after the date of enactment 

of this Act, from funds made available before the date of enactment 

of this Act for the Tampa Harbor Big Bend Channel project, the 

Secretary of the Army shall reimburse the non-Federal sponsor 

of the Tampa Harbor Big Bend Channel project for the Federal 

share of the dredging work carried out for the project. 

SEC. 121. Notwithstanding any other provision of law, including 

section 103(c)(4) of Public Law 99–662 (33 U.S.C. 2213(c)(4)), the 

cost of any work carried out heretofore or hereafter on construction 

of the trail system authorized for the J. Percy Priest Dam and 

Reservoir, Tennessee by section 5132 of Public Law 110–114 (121 

Stat. 1249) shall be a Federal cost, the total of which may not 

exceed $10,300,000. 

SEC. 122. Section 3112(1) of the Water Resources Development 

Act, 2007 (Public Law 110–114; 121 Stat. 1041) is amended by 

inserting after the word ‘‘before’’, the following: ‘‘, on and after’’. 

SEC. 123. Section 805(a)(2) of Public Law 106–541 (114 Stat. 

2704) is amended by striking ‘‘2010’’ each place it appears and 

inserting ‘‘2013’’. 

SEC. 124. The Secretary of the Army is authorized to carry 

out the project for storm damage reduction, Kahuku, Oahu, Hawaii, 

at a total cost of $6,700,000, with an estimated Federal cost of 

$4,360,000 and an estimated non-Federal cost of $2,340,000. 

SEC. 125. The Secretary of the Army is authorized to acquire 

24 parcels of land consisting of approximately 235 acres located 

within Township 21 South, Range 28 East, Sections 25, 26, 27, 

34, 35 and 36, and Township 22 South, Range 28 East, Section 

3 in Tulare County, for the Dam Safety Seismic Remediation project 

at Success Dam on the Tule River in the State of California, 

Land acquisition. 

California. 

16 USC 668dd 

note. 

121 Stat. 1136. 

121 Stat. 1136. 


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authorized by section 10 of the Flood Control Act of December 

22, 1944 (58 Stat. 901); Provided, That the lands shall be available 

for use in connection with any activity carried out at the Success 

Dam and Reservoir. 

SEC. 126. During the 1-year period beginning on the date of 

enactment of this Act, the Secretary of the Army shall implement 

measures recommended in the efficacy study, or provided in interim 

reports, authorized under section 3061 of the Water Resources 

Development Act of 2007 (121 Stat. 1121), with such modifications 

or emergency measures as the Secretary of the Army determines 

to be appropriate, to prevent aquatic nuisance species from 

bypassing the Chicago Sanitary and Ship Canal Dispersal Barrier 

Project referred to in that section and to prevent aquatic nuisance 

species from dispersing into the Great Lakes. 

TITLE II 

DEPARTMENT OF THE INTERIOR 

CENTRAL UTAH PROJECT

CENTRAL UTAH PROJECT COMPLETION ACCOUNT

For carrying out activities authorized by the Central Utah 

Project Completion Act, $40,300,000, to remain available until 

expended, of which $1,500,000 shall be deposited into the Utah 

Reclamation Mitigation and Conservation Account for use by the 

Utah Reclamation Mitigation and Conservation Commission. In 

addition, for necessary expenses incurred in carrying out related 

responsibilities of the Secretary of the Interior, $1,704,000, to 

remain available until expended. For fiscal year 2010, the Commission may use an amount not to exceed $1,500,000 for administrative 

expenses. 

BUREAU OF RECLAMATION

The following appropriations shall be expended to execute 

authorized functions of the Bureau of Reclamation: 

WATER AND RELATED RESOURCES

(INCLUDING TRANSFERS OF FUNDS)

For management, development, and restoration of water and 

related natural resources and for related activities, including the 

operation, maintenance, and rehabilitation of reclamation and other 

facilities, participation in fulfilling related Federal responsibilities 

to Native Americans, and related grants to, and cooperative and 

other agreements with, State and local governments, federally recognized Indian tribes, and others, $951,158,000, to remain available 

until expended, of which $48,740,000 shall be available for transfer 

to the Upper Colorado River Basin Fund and $17,256,000 shall 

be available for transfer to the Lower Colorado River Basin Development Fund; of which such amounts as may be necessary may 

be advanced to the Colorado River Dam Fund; of which not more 

than $500,000 is for high priority projects which shall be carried 

out by the Youth Conservation Corps, as authorized by 16 U.S.C. 

1706: Provided, That such transfers may be increased or decreased 

Time period. 


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123 STAT. 2854 PUBLIC LAW 111–85—OCT. 28, 2009 

within the overall appropriation under this heading: Provided further, That of the total appropriated, the amount for program activities that can be financed by the Reclamation Fund or the Bureau 

of Reclamation special fee account established by 16 U.S.C. 460l– 

6a(i) shall be derived from that Fund or account: Provided further, 

That funds contributed under 43 U.S.C. 395 are available until 

expended for the purposes for which contributed: Provided further, 

That funds advanced under 43 U.S.C. 397a shall be credited to 

this account and are available until expended for the same purposes 

as the sums appropriated under this heading: Provided further, 

That $3,500,000 of the funds appropriated under this heading shall 

be deposited in the San Gabriel Basin Restoration Fund established 

by section 110 of title I of appendix D of Public Law 106–554: 

Provided further, That $5,000,000 of the funds appropriated under 

this heading shall be available for the ‘‘Power Program Services’’ 

to implement the Bureau of Reclamation’s hydropower facilities 

installations identified under section 1834 of the Energy Policy 

Act of 2005: Provided further, That the funds provided herein for 

the St. Mary Storage Unit facilities, Milk River Project, Montana, 

shall be used on a nonreimbursible basis: Provided further, That 

funds available for expenditure for the Departmental Irrigation 

Drainage Program may be expended by the Bureau of Reclamation 

for site remediation on a nonreimbursable basis. 

CENTRAL VALLEY PROJECT RESTORATION FUND

For carrying out the programs, projects, plans, habitat restoration, improvement, and acquisition provisions of the Central Valley 

Project Improvement Act, $35,358,000, to be derived from such 

sums as may be collected in the Central Valley Project Restoration 

Fund pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public 

Law 102–575, to remain available until expended: Provided, That 

the Bureau of Reclamation is directed to assess and collect the 

full amount of the additional mitigation and restoration payments 

authorized by section 3407(d) of Public Law 102–575: Provided 

further, That none of the funds made available under this heading 

may be used for the acquisition or leasing of water for in-stream 

purposes if the water is already committed to in-stream purposes 

by a court adopted decree or order. 

CALIFORNIA BAY-DELTA RESTORATION

(INCLUDING TRANSFERS OF FUNDS)

For carrying out activities authorized by the Water Supply, 

Reliability, and Environmental Improvement Act, consistent with 

plans to be approved by the Secretary of the Interior, $40,000,000, 

to remain available until expended, of which such amounts as 

may be necessary to carry out such activities may be transferred 

to appropriate accounts of other participating Federal agencies to 

carry out authorized purposes: Provided, That funds appropriated 

herein may be used for the Federal share of the costs of CALFED 

Program management: Provided further, That the use of any funds 

provided to the California Bay-Delta Authority for program-wide 

management and oversight activities shall be subject to the approval 

of the Secretary of the Interior: Provided further, That CALFED 

implementation shall be carried out in a balanced manner with 


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PUBLIC LAW 111–85—OCT. 28, 2009 123 STAT. 2855 

clear performance measures demonstrating concurrent progress in 

achieving the goals and objectives of the Program. 

POLICY AND ADMINISTRATION

For necessary expenses of policy, administration, and related 

functions in the Office of the Commissioner, the Denver office, 

and offices in the five regions of the Bureau of Reclamation, to 

remain available until expended, $61,200,000, to be derived from 

the Reclamation Fund and be nonreimbursable as provided in 43 

U.S.C. 377: Provided, That no part of any other appropriation 

in this Act shall be available for activities or functions budgeted 

as policy and administration expenses. 

ADMINISTRATIVE PROVISION

Appropriations for the Bureau of Reclamation shall be available 

for purchase of not to exceed seven passenger motor vehicles, which 

are for replacement only. 

GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR

SEC. 201. (a) None of the funds provided in title II of this 

Act for Water and Related Resources, or provided by previous 

appropriations Acts to the agencies or entities funded in title II 

of this Act for Water and Related Resources that remain available 

for obligation or expenditure in fiscal year 2010, shall be available 

for obligation or expenditure through a reprogramming of funds 

that— 

(1) initiates or creates a new program, project, or activity; 

(2) eliminates a program, project, or activity; 

(3) increases funds for any program, project, or activity 

for which funds have been denied or restricted by this Act, 

unless prior approval is received from the Committees on 

Appropriations of the House of Representatives and the Senate; 

(4) restarts or resumes any program, project or activity 

for which funds are not provided in this Act, unless prior 

approval is received from the Committees on Appropriations 

of the House of Representatives and the Senate; 

(5) transfers funds in excess of the following limits, unless 

prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate: 

(A) 15 percent for any program, project or activity 

for which $2,000,000 or more is available at the beginning 

of the fiscal year; or 

(B) $300,000 for any program, project or activity for 

which less than $2,000,000 is available at the beginning 

of the fiscal year; 

(6) transfers more than $500,000 from either the Facilities 

Operation, Maintenance, and Rehabilitation category or the 

Resources Management and Development category to any program, project, or activity in the other category, unless prior 

approval is received from the Committees on Appropriations 

of the House of Representatives and the Senate; or 

(7) transfers, where necessary to discharge legal obligations 

of the Bureau of Reclamation, more than $5,000,000 to provide 

adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and 


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real estate deficiency judgments, unless prior approval is 

received from the Committees on Appropriations of the House 

of Representatives and the Senate. 

(b) Subsection (a)(5) shall not apply to any transfer of funds 

within the Facilities Operation, Maintenance, and Rehabilitation 

category. 

(c) For purposes of this section, the term ‘‘transfer’’ means 

any movement of funds into or out of a program, project, or activity. 

(d) The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of the House of 

Representatives and the Senate detailing all the funds 

reprogrammed between programs, projects, activities, or categories 

of funding. The first quarterly report shall be submitted not later 

than 60 days after the date of enactment of this Act. 

SEC. 202. (a) None of the funds appropriated or otherwise 

made available by this Act may be used to determine the final 

point of discharge for the interceptor drain for the San Luis Unit 

until development by the Secretary of the Interior and the State 

of California of a plan, which shall conform to the water quality 

standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any 

detrimental effect of the San Luis drainage waters. 

(b) The costs of the Kesterson Reservoir Cleanup Program 

and the costs of the San Joaquin Valley Drainage Program shall 

be classified by the Secretary of the Interior as reimbursable or 

nonreimbursable and collected until fully repaid pursuant to the 

‘‘Cleanup Program-Alternative Repayment Plan’’ and the ‘‘SJVDPAlternative Repayment Plan’’ described in the report entitled 

‘‘Repayment Report, Kesterson Reservoir Cleanup Program and San 

Joaquin Valley Drainage Program, February 1995’’, prepared by 

the Department of the Interior, Bureau of Reclamation. Any future 

obligations of funds by the United States relating to, or providing 

for, drainage service or drainage studies for the San Luis Unit 

shall be fully reimbursable by San Luis Unit beneficiaries of such 

service or studies pursuant to Federal reclamation law. 

SEC. 203. None of the funds appropriated or otherwise made 

available by this or any other Act may be used 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 said 

purchase or lease is in compliance with the purchase requirements 

of section 202 of Public Law 106–60. 

SEC. 204. Funds under this title for Drought Emergency Assistance shall be made available primarily for leasing of water for 

specified drought related purposes from willing lessors, in compliance with existing State laws and administered under State water 

priority allocation. 

SEC. 205. Section 9 of the Fort Peck Reservation Rural Water 

System Act of 2000 (Public Law 106–382; 114 Stat. 1457) is 

amended by striking ‘‘over a period of 10 fiscal years’’ each place 

it appears in subsections (a)(1) and (b) and inserting ‘‘through 

fiscal year 2015’’. 

SEC. 206. Section 208(a) of the Energy and Water Development 

Appropriations Act, 2006 (Public Law 109–103; 119 Stat. 2268), 

is amended— 

(1) in paragraph (1)— 

New Mexico. 

California. 

Plan. 

Reports. 

Deadlines. 


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PUBLIC LAW 111–85—OCT. 28, 2009 123 STAT. 2857 

(A) by redesignating clauses (i) through (iv) of subparagraph (B) as subclauses (I) through (IV), respectively, and 

indenting the subclauses appropriately; 

(B) by redesignating subparagraphs (A) and (B) as 

clauses (i) and (ii), respectively, and indenting the clauses 

appropriately; 

(C) by striking ‘‘(a)(1) Using’’ and inserting the following: 

‘‘(a) ACTION BY SECRETARY.— 

‘‘(1) PROVISION OF FUNDS.— 

‘‘(A) IN GENERAL.—Using’’; 

(D) in subparagraph (A) (as so redesignated)— 

(i) in the matter preceding clause (i) (as so redesignated), by inserting ‘‘or the National Fish and Wildlife 

Foundation’’ after ‘‘University of Nevada’’; 

(ii) in clause (ii)(IV) (as so redesignated), by 

striking the period at the end and inserting ‘‘; and’’; 

and 

(iii) by adding at the end the following: 

‘‘(iii) to design and implement conservation and 

stewardship measures to address impacts from activities carried out— 

‘‘(I) under clause (i); and 

‘‘(II) in conjunction with willing landowners.’’; 

and 

(E) by adding at the end the following: 

‘‘(B) NATIONAL FISH AND WILDLIFE FOUNDATION.— 

‘‘(i) DATE OF PROVISION.—The Secretary shall provide funds to the National Fish and Wildlife Foundation pursuant to subparagraph (A) in an advance payment of the available amount— 

‘‘(I) on the date of enactment of the Energy 

and Water Development and Related Agencies 

Appropriations Act, 2010; or 

‘‘(II) as soon as practicable after that date 

of enactment. 

‘‘(ii) REQUIREMENTS.— 

‘‘(I) IN GENERAL.—Except as provided in subclause (II), the funds provided under clause (i) 

shall be subject to the National Fish and Wildlife 

Foundation Establishment Act (16 U.S.C. 3701 et 

seq.), in accordance with section 10(b)(1) of that 

Act (16 U.S.C. 3709(b)(1)). 

‘‘(II) EXCEPTIONS.—Sections 4(e) and 10(b)(2) 

of the National Fish and Wildlife Foundation 

Establishment Act (16 U.S.C. 3703(e), 3709(b)(2)), 

and the provision of subsection (c)(2) of section 

4 of that Act (16 U.S.C. 3703) relating to subsection 

(e) of that section, shall not apply to the funds 

provided under clause (i).’’; and 

(2) in paragraph (2)— 

(A) in the matter preceding subparagraph (A), by 

striking ‘‘paragraph (1)(A)’’ and all that follows through 

‘‘beneficial to—’’ and inserting ‘‘paragraph (1)(A)(i), the 

University of Nevada or the National Fish and Wildlife 

Foundation shall make acquisitions that the University 


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123 STAT. 2858 PUBLIC LAW 111–85—OCT. 28, 2009 

or the Foundation determines to be the most beneficial 

to—’’; and 

(B) in subparagraph (A), by striking ‘‘paragraph (1)(B)’’ 

and inserting ‘‘paragraph (1)(A)(ii)’’. 

SEC. 207. Section 2507(b) of the Farm Security and Rural 

Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107– 

171) is amended— 

(1) in paragraph (1), by striking ‘‘or’’ at the end; 

(2) in paragraph (2), by striking the period at the end 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(3) for efforts consistent with researching, supporting, and 

conserving fish, wildlife, plant, and habitat resources in the 

Walker River Basin.’’. 

SEC. 208. (a) Of the amounts made available under section 

2507 of the Farm Security and Rural Investment Act of 2002 

(43 U.S.C. 2211 note; Public Law 107–171), the Secretary of the 

Interior, acting through the Commissioner of Reclamation, shall— (1) provide, subject to subsection (b), $66,200,000 to establish the Walker Basin Restoration Program for the primary 

purpose of restoring and maintaining Walker Lake, a natural 

desert terminal lake in the State of Nevada, consistent with 

protection of the ecological health of the Walker River and 

the riparian and watershed resources of the West, East, and 

Main Walker Rivers; and 

(2) allocate— 

(A) acting through a nonprofit conservation organization that is acting in consultation with the Truckee 

Meadows Water Authority, $2,000,000, to remain available 

until expended, for— 

(i) the acquisition of land surrounding Independence Lake; and 

(ii) protection of the native fishery and water 

quality of Independence Lake, as determined by the 

nonprofit conservation organization; 

(B) $5,000,000 to provide grants of equal amounts to 

the State of Nevada, the State of California, the Truckee 

Meadows Water Authority, the Pyramid Lake Paiute Tribe, 

and the Federal Watermaster of the Truckee River to implement the Truckee-Carson-Pyramid Lake Water Rights 

Settlement Act (Public Law 101–618; 104 Stat. 3294); 

(C) $1,500,000, to be divided equally by the city of 

Fernley, Nevada, and the Pyramid Lake Paiute Tribe, for 

joint planning and development activities for water, wastewater, and sewer facilities; 

(D) $1,000,000 to the United States Geological Survey 

to design and implement, in consultation and cooperation 

with other Federal departments and agencies, State and 

tribal governments, and other water management and conservation organizations, a water monitoring program for 

the Walker River Basin; and 

(E) $45,000,000 to implement the 1996 Truckee River 

Water Quality Settlement Agreement by acquiring water 

rights for the benefit of the Truckee River and Pyramid 

Lake. 

(b)(1) The amount made available under subsection (a)(1) shall 

be— 

Contracts. 

Nevada. 

Grants. 

Nevada. 

California. 

Nevada. 


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PUBLIC LAW 111–85—OCT. 28, 2009 123 STAT. 2859 

(A) used, consistent with the primary purpose set forth 

in subsection (a)(1), to support efforts to preserve Walker Lake 

while protecting agricultural, environmental, and habitat 

interests in the Walker River Basin; and 

(B) allocated as follows: 

(i) $25,000,000 to the Walker River Irrigation District, 

acting in accordance with an agreement between that District and the National Fish and Wildlife Foundation— 

(I) to administer and manage a 3-year water 

leasing demonstration program in the Walker River 

Basin to increase Walker Lake inflows; and 

(II) for use in obtaining information regarding the 

establishment, budget, and scope of a longer-term 

leasing program. 

(ii) $25,000,000 to advance the acquisition of water 

and related interests from willing sellers authorized by 

section 208(a)(1)(A)(i) of the Energy and Water Development Appropriations Act, 2006 (Public Law 109–103; 119 

Stat. 2268). 

(iii) $1,000,000 for activities relating to the exercise 

of acquired option agreements and implementation of the 

water leasing demonstration program, including but not 

limited to the pursuit of change applications, approvals, 

and agreements pertaining to the exercise of water rights 

and leases acquired under the program. 

(iv) $10,000,000 for associated conservation and 

stewardship activities, including water conservation and 

management, watershed planning, land stewardship, 

habitat restoration, and the establishment of a local, nonprofit entity to hold and exercise water rights acquired 

by, and to achieve the purposes of, the Walker Basin Restoration Program. 

(v) $5,000,000 to the University of Nevada, Reno, and 

the Desert Research Institute— 

(I) for additional research to supplement the water 

rights research conducted under section 208(a)(1)(A)(ii) 

of the Energy and Water Development Appropriations 

Act, 2006 (Public Law 109–103; 119 Stat. 2268); 

(II) to conduct an annual evaluation of the results 

of the activities carried out under clauses (i) and (ii); 

and 

(III) to support and provide information to the 

programs described in this subparagraph and related 

acquisition and stewardship initiatives to preserve 

Walker Lake and protect agricultural, environmental, 

and habitat interests in the Walker River Basin. 

(vi) $200,000 to support alternative crops and alternative agricultural cooperatives programs in Lyon and Mineral Counties, Nevada, that promote water conservation 

in the Walker River Basin. 

(2)(A) The amount made available under subsection (a)(1) shall 

be provided to the National Fish and Wildlife Foundation— 

(i) in an advance payment of the entire amount— 

(I) on the date of enactment of this Act; or 

(II) as soon as practicable after that date of enactment; and 


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123 STAT. 2860 PUBLIC LAW 111–85—OCT. 28, 2009 

(ii) except as provided in subparagraph (B), subject 

to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.), in accordance with 

section 10(b)(1) of that Act (16 U.S.C. 3709(b)(1)). 

(B) Sections 4(e) and 10(b)(2) of the National Fish and 

Wildlife Foundation Establishment Act (16 U.S.C. 3703(e), 

3709(b)(2)), and the provision of subsection (c)(2) of section 

4 of that Act (16 U.S.C. 3703) relating to subsection (e) of 

that section, shall not apply to the amount made available 

under subsection (a)(1). 

SEC. 209. Notwithstanding the provisions of section 11(c) of 

Public Law 89–108, as amended by section 9 of Public Law 99– 

294, the Commissioner is directed to modify the April 9, 2002, 

Grant Agreement Between Bureau of Reclamation and North 

Dakota Natural Resources Trust to provide funding for the Trust 

to continue its investment program/Agreement No. 02FG601633 

to authorize the North Dakota Natural Resources Trust Board 

of Directors to expend all or any portion of the funding allocation 

received pursuant to section 11(a)(2)(B) of the Dakota Water 

Resources Act of 2000 for the purpose of operations of the Natural 

Resource Trust whether such amounts are principal or received 

as investment income: Provided, That operational expenses that 

may be funded from the principal allocation shall not exceed 105 

percent of the previous fiscal year’s operating costs: Provided further, That the Commissioner of Reclamation is authorized to include 

in such modified agreement with the Trust authorized under this 

section appropriate provisions regarding the repayment of any funds 

that constitute principal from the Trust Funds. 

SEC. 210. Title I of Public Law 108–361 is amended by striking 

‘‘2010’’ wherever it appears and inserting ‘‘2014’’ in lieu thereof. 

SEC. 211. (a) Section 3405(a)(1)(M) of Public Law 102–575 

(106 Stat. 4709) is amended by striking ‘‘countries’’ and inserting 

‘‘counties’’. 

(b) A transfer of water between a Friant Division contractor 

and a south-of-Delta CVP agricultural water service contractor, 

approved during a two-year period beginning on the date of enactment of this Act shall, be deemed to meet the conditions set forth 

in subparagraphs (A) and (I) of section 3405(a)(1) of Public Law 

102–575 (106 Stat. 4709) if the transfer under this clause— 

(1) does not interfere with the San Joaquin River Restoration Settlement Act (part I of subtitle A of title X of Public 

Law 111–11; 123 Stat. 1349) (including the priorities described 

in section 10004(a)(4)(B) of that Act relating to implementation 

of paragraph 16 of the Settlement), and the Settlement (as 

defined in section 10003 of that Act); and 

(2) is completed by September 30, 2012. 

(c) As soon as practicable after the date of enactment of this 

Act, the Secretary of the Interior, acting through the Director 

of the United States Fish and Wildlife Service, shall revise, finalize, 

and implement the applicable draft recovery plan for the Giant 

Garter Snake (Thamnophis gigas). 

Draft recovery 

plan. 

Deadline. 

118 Stat. 1681. 


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PUBLIC LAW 111–85—OCT. 28, 2009 123 STAT. 2861 

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, $2,242,500,000, 

to remain available until expended: Provided, That funds provided 

under this heading in this and prior appropriation Acts are available 

for on-site and off-site improvements for the Ingress/Egress and 

Traffic Capacity Upgrades project at the National Renewable 

Energy Laboratory: Provided further, That, of the $80,000,000 provided under the wind energy subaccount under Energy Efficiency 

and Renewable Energy, up to $8,000,000 may be competitively 

awarded to universities for turbine and equipment purchases for 

the purposes of studying turbine to turbine wake interaction, wind 

farm interaction, and wind energy efficiencies, provided that such 

equipment shall not be used for merchant power production: Provided further, That, of the amount appropriated in this paragraph, $292,135,000 shall be used for the projects specified in the table 

that appears under the heading ‘‘Congressionally Directed Energy 

Efficiency and Renewable Energy Projects’’ in the joint explanatory 

statement accompanying the conference report on this 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, 

$171,982,000, to remain available until expended: Provided, That, 

within the funding available funding the Secretary shall establish 

an independent national energy sector cyber security organization 

to institute research, development and deployment priorities, 

including policies and protocol to ensure the effective deployment 

of tested and validated technology and software controls to protect 

the bulk power electric grid and integration of smart grid technology 

to enhance the security of the electricity grid: Provided further, 

That within 60 days of enactment, the Secretary shall invite applications from qualified entities for the purpose of forming and governing a national energy sector cyber organization that have the 

knowledge and capacity to focus cyber security research and 

development and to identify and disseminate best practices; organize the collection, analysis and dissemination of infrastructure 

vulnerabilities and threats; work cooperatively with the Department 

of Energy and other Federal agencies to identify areas where Federal agencies with jurisdiction may best support efforts to enhance 

Deadline. 

Establishment. 


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123 STAT. 2862 PUBLIC LAW 111–85—OCT. 28, 2009 

security of the bulk power electric grid: Provided further, That, 

of the amount appropriated in this paragraph, $13,075,000 shall 

be used for projects specified in the table that appears under 

the heading ‘‘Congressionally Directed Electricity Delivery and 

Energy Reliability Projects’’ in the joint explanatory statement 

accompanying the conference report on this Act. 

NUCLEAR ENERGY

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 more than 

36 passenger motor vehicles, including one ambulance, all for 

replacement only, $786,637,000, to remain available until expended: 

Provided, That, of the amount appropriated in this paragraph, $2,500,000 shall be used for projects specified in the table that 

appears under the heading ‘‘Congressionally Directed Nuclear 

Energy Projects’’ in the joint explanatory statement accompanying 

the conference report on this Act. 

FOSSIL ENERGY RESEARCH AND DEVELOPMENT

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), $672,383,000, 

to remain available until expended: Provided, That for all programs 

funded under Fossil Energy appropriations in this Act or any other 

Act, the Secretary may vest fee title or other property interests 

acquired under projects in any entity, including the United States: 

Provided further, That, of the amount appropriated in this paragraph, $36,850,000 shall be used for projects specified in the table 

that appears under the heading ‘‘Congressionally Directed Fossil 

Energy Projects’’ in the joint explanatory statement accompanying 

the conference report on this 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, $23,627,000, 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 


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pursuant to the Energy Policy and Conservation Act of 1975, as 

amended (42 U.S.C. 6201 et seq.), $243,823,000, to remain available 

until expended. 

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, $11,300,000, 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, $244,673,000, to 

remain available until expended. 

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, 

$573,850,000, to be derived from the Uranium Enrichment Decontamination and Decommissioning Fund, to remain available until 

expended. 

SCIENCE

(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 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 more than 50 passenger 

motor vehicles for replacement only, including one law enforcement 

vehicle, two ambulances, and three buses, $4,903,710,000, to remain 

available until expended: Provided, That $15,000,000 appropriated 

under this heading under prior appropriation Acts for the Advanced 

Research Projects Agency—Energy is hereby transferred to the 

‘‘Advanced Research Projects Agency—Energy’’ account: Provided 

further, That, of the amount appropriated in this paragraph, 

$76,890,000 shall be used for the projects specified in the table 


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123 STAT. 2864 PUBLIC LAW 111–85—OCT. 28, 2009 

that appears under the heading ‘‘Congressionally Directed Science 

Projects’’ in the joint explanatory statement accompanying the conference report on this 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’’), $98,400,000, 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 and defense nuclear waste disposal activities, 2.54 

percent 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 NWPA: Provided further, That notwithstanding the lack of 

a written agreement with the State of Nevada under section 117(c) 

of the NWPA, 0.51 percent shall be provided to Nye County, Nevada, 

for on-site oversight activities under section 117(d) of the NWPA: 

Provided further, That of the funds made available in this Act 

for nuclear waste disposal and defense nuclear waste disposal activities, 4.57 percent shall be provided to affected units of local government, as defined in the NWPA, to conduct appropriate activities 

and participate in licensing activities under Section 116(c) of the 

NWPA: Provided further, That of the amounts provided to affected 

units of local government, 7.5 percent of the funds provided for 

the affected units of local government 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 affected units of 

local government: Provided further, That of the funds made available in this Act for nuclear waste disposal and defense nuclear 

waste disposal activities, 0.25 percent shall be provided to the 

affected federally-recognized Indian tribes, as defined in the NWPA, 

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 4.57 percent of the funds made available 

in this Act for nuclear waste disposal and defense nuclear waste 

disposal activities shall be provided to Nye County, Nevada, as 

payment equal to taxes under section 116(c)(3) of the NWPA: 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, each affected federally-recognized Indian tribe, 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 

Penalty. NWPA and this Act: Provided further, That failure to provide such 

Deadline. 

Nevada. 

Certification. 

Nevada. 

Nevada. 

Native 

Americans. 

California. 

Nevada. 

Nevada. 

Nevada. 


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PUBLIC LAW 111–85—OCT. 28, 2009 123 STAT. 2865 

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 of the funds made 

available in this Act for Nuclear Waste Disposal, $5,000,000 shall 

be provided to create a Blue Ribbon Commission to consider all 

alternatives for nuclear waste disposal: 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. 

TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM

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 prior Acts, shall be collected in 

accordance with section 502(7) of the Congressional Budget Act 

of 1974: Provided,, That for necessary administrative expenses to 

carry out this Loan Guarantee program, $43,000,000 is appropriated, to remain available until expended: Provided further, That 

$43,000,000 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 2010 appropriations from the general fund estimated at not 

more than $0: Provided further, That fees collected under section 

1702(h) in excess of the amount appropriated for administrative 

expenses shall not be available until appropriated. 

ADVANCED TECHNOLOGY VEHICLES MANUFACTURING LOAN

PROGRAM

For administrative expenses in carrying out the Advanced Tech- nology Vehicles Manufacturing Loan Program, $20,000,000, to 

remain available until expended. 

DEPARTMENTAL ADMINISTRATION

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, 

$288,684,000, 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 

Lobbying. 


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123 STAT. 2866 PUBLIC LAW 111–85—OCT. 28, 2009 

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 $119,740,000 in fiscal 

year 2010 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 2010, and any related appropriated receipt 

account balances remaining from prior years’ miscellaneous revenues, so as to result in a final fiscal year 2010 appropriation 

from the general fund estimated at not more than $168,944,000. 

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 one ambulance; $6,384,431,000, to remain 

available until expended: Provided, That $357,800,000 is provided to Stockpile Systems activities including $91,956,000 for the B61 

Stockpile Systems activities: Provided further, That upon completion 

of the Nuclear Posture Review and confirmation of the requirement 

for the B61–12, the NNSA is authorized to reallocate an additional 

$15,000,000 within the Stockpile Systems activities to support the 

continuation of the B61–12 non-nuclear upgrade study, with 

notification to cognizant congressional committees within 15 days 

of the implementation of this action: Provided further, That no 

funds may be obligated or expended for B61–12 nuclear components 

without prior approval by the Appropriations Committees of the 

House and Senate: Provided further, That, of the amount appro- priated in this paragraph, $3,000,000 shall be used for the projects 

specified under the heading ‘‘Congressionally Directed Weapons 

Activities Projects’’ in the joint explanatory statement accompanying 

the conference report on this Act. 

DEFENSE NUCLEAR NONPROLIFERATION

For Department of Energy expenses, including the purchase, 

construction, and acquisition of plant and capital equipment and 

Notification. 

Deadline. 


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PUBLIC LAW 111–85—OCT. 28, 2009 123 STAT. 2867 

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, $2,136,709,000, to remain available until 

expended: Provided, That, of the amount appropriated in this paragraph, $250,000 shall be used for the projects specified under the 

heading ‘‘Congressionally Directed Defense Nuclear Nonproliferation Projects’’ in the joint explanatory statement accompanying 

the conference report on this 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, 

$945,133,000, to remain available until expended. 

OFFICE OF THE ADMINISTRATOR

(INCLUDING TRANSFER OF FUNDS)

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, 

$420,754,000, to remain available until expended: Provided, That 

$10,000,000 previously appropriated for cleanup efforts at Argonne 

National Lab shall be transferred to ‘‘Non-Defense Environmental 

Cleanup’’: Provided further, That, of the amount appropriated in 

this paragraph, $13,000,000 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 joint 

explanatory statement accompanying the conference report on this 

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, $5,642,331,000, 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, $4,000,000 shall be used for projects specified in the 


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123 STAT. 2868 PUBLIC LAW 111–85—OCT. 28, 2009 

table that appears under the heading ‘‘Congressionally Directed 

Defense Environmental Cleanup Projects’’ in the joint explanatory 

statement accompanying the conference report on this 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 12 passenger 

motor vehicles for replacement only, $847,468,000, to remain available until expended: Provided, That of the amount appropriated 

in this paragraph, $3,000,000 shall be used for projects specified 

in the table that appears under the heading ‘‘Congressionally 

Directed Other Defense Activities Projects’’ in the joint explanatory 

statement accompanying the conference report on this 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, $98,400,000, 

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 the 

Leaburg Fish Sorter, the Okanogan Basin Locally Adapted 

Steelhead Supplementation Program, and the Crystal Springs 

Hatchery Facilities, and, in addition, for official reception and representation expenses in an amount not to exceed $1,500. During 

fiscal year 2010, 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, $7,638,000, to remain 

available until expended: Provided, That notwithstanding 31 U.S.C. 

3302 and section 5 of the Flood Control Act of 1944, up to $7,638,000 

collected by the Southeastern Power Administration from the sale 

of power and related services shall be credited to this account 

as discretionary offsetting collections, to remain available until 

expended for the sole purpose of funding the annual expenses 

of the Southeastern Power Administration: Provided further, That 

the sum herein appropriated for annual expenses shall be reduced 

as collections are received during the fiscal year so as to result 

in a final fiscal year 2010 appropriation estimated at not more 

Loans. 


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PUBLIC LAW 111–85—OCT. 28, 2009 123 STAT. 2869 

than $0: Provided further, That, notwithstanding 31 U.S.C. 3302, 

up to $70,806,000 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: Provided further, That notwithstanding the provisions of 

31 U.S.C. 3302 and section 5 of the Flood Control Act of 1944, 

all funds collected by the Southeastern Power Administration that 

are applicable to the repayment of the annual expenses of this 

account in this and subsequent fiscal years shall be credited to 

this account as discretionary offsetting collections for the sole purpose of funding such expenses, with such funds remaining available 

until expended: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally 

recovered in the same year that they are incurred (excluding purchase power and wheeling expenses). 

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, $44,944,000, to remain available until 

expended: Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), up to 

$31,868,000 collected by the Southwestern Power Administration 

from the sale of power and related services shall be credited to 

this account as discretionary offsetting collections, to remain available until expended, for the sole purpose of funding the annual 

expenses of the Southwestern Power Administration: Provided further, That the sum herein appropriated for annual expenses shall 

be reduced as collections are received during the fiscal year so 

as to result in a final fiscal year 2010 appropriation estimated 

at not more than $13,076,000: Provided further, That, notwithstanding 31 U.S.C. 3302, up to $38,000,000 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: Provided further, That notwithstanding 

31 U.S.C. 3302 and section 5 of the Flood Control Act of 1944, 

all funds collected by the Southwestern Power Administration that 

are applicable to the repayment of the annual expenses of this 

account in this and subsequent fiscal years shall be credited to 

this account as discretionary offsetting collections for the sole purpose of funding such expenses, with such funds remaining available 

until expended: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally 

recovered in the same year that they are incurred (excluding purchase power and wheeling expenses). 

16 USC 825s–7. 

16 USC 825s–6. 


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123 STAT. 2870 PUBLIC LAW 111–85—OCT. 28, 2009 

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; 

$256,711,000 to remain available until expended, of which 

$245,216,000 shall be derived from the Department of the Interior 

Reclamation Fund: Provided, That notwithstanding 31 U.S.C. 3302, 

section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), and 

section 1 of the Interior Department Appropriation Act, 1939 (43 

U.S.C. 392a), up to $147,530,000 collected by the Western Area 

Power Administration from the sale of power and related services 

shall be credited to this account as discretionary offsetting collections, to remain available until expended, for the sole purpose 

of funding the annual expenses of the Western Area Power Administration: Provided further, That the sum herein appropriated for 

annual expenses shall be reduced as collections are received during 

the fiscal year so as to result in a final fiscal year 2010 appropriation 

estimated at not more than $109,181,000, of which $97,686,000 

is derived from the Reclamation Fund: Provided further, That of 

the amount herein appropriated, $7,584,000 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 31 U.S.C. 3302, up to $349,807,000 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: Provided 

further, That of the amount herein appropriated, up to $18,612,000 

is provided on a nonreimbursable basis for environmental remediation at the Basic Substation site in Henderson, Nevada: Provided 

further, That notwithstanding 31 U.S.C. 3302, section 5 of the 

Flood Control Act of 1944 (16 U.S.C. 825s), and section 1 of the 

Interior Department Appropriation Act, 1939 (43 U.S.C. 392a), 

funds collected by the Western Area Power Administration from 

the sale of power and related services that are applicable to the 

repayment of the annual expenses of this account in this and 

subsequent fiscal years shall be credited to this account as discretionary offsetting collections for the sole purpose of funding such 

expenses, with such funds remaining available until expended: Provided further, That for purposes of this appropriation, annual 

expenses means expenditures that are generally recovered in the 

same year that they are incurred (excluding purchase power and 

wheeling expenses). 

FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND

For operation, maintenance, and emergency costs for the hydro- electric facilities at the Falcon and Amistad Dams, $2,568,000, 

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 2 of 

the Act of June 18, 1954 (68 Stat. 255) as amended: Provided, 

42 USC 7276f. 


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PUBLIC LAW 111–85—OCT. 28, 2009 123 STAT. 2871 

That notwithstanding the provisions of that Act and of 31 U.S.C. 

3302, up to $2,348,000 collected by the Western Area Power 

Administration from the sale of power and related services from 

the Falcon and Amistad Dams shall be credited to this account 

as discretionary offsetting collections, to remain available until 

expended for the sole purpose of funding the annual expenses 

of the hydroelectric facilities of these Dams and associated Western 

Area Power Administration activities: Provided further, That the 

sum herein appropriated for annual expenses shall be reduced 

as collections are received during the fiscal year so as to result 

in a final fiscal year 2010 appropriation estimated at not more 

than $220,000: Provided further, That notwithstanding the provisions of section 2 of the Act of June 18, 1954 (68 Stat. 255) 

as amended, and 31 U.S.C. 3302, all funds collected by the Western 

Area Power Administration from the sale of power and related 

services from the Falcon and Amistad Dams that are applicable 

to the repayment of the annual expenses of the hydroelectric facilities of these Dams and associated Western Area Power Administration activities in this and subsequent fiscal years shall be credited 

to this account as discretionary offsetting collections for the sole 

purpose of funding such expenses, with such funds remaining available until expended: Provided further, That for purposes of this 

appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred. 

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, $298,000,000, to remain available until expended: Provided, That notwithstanding any other provision of law, not to exceed 

$298,000,000 of revenues from fees and annual charges, and other 

services and collections in fiscal year 2010 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 2010 so as to result in a final 

fiscal year 2010 appropriation from the general fund estimated 

at not more than $0. 

GENERAL PROVISIONS—DEPARTMENT OF ENERGY 

SEC. 301. 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. 302. 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 

Reprogramming 

request. 

42 USC 7171 

note. 

42 USC 7276g. 


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123 STAT. 2872 PUBLIC LAW 111–85—OCT. 28, 2009 

(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. 303. 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. 304. 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. 305. 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. 306. 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 2010 until the enactment of 

the Intelligence Authorization Act for fiscal year 2010. 

SEC. 307. 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. 

SEC. 308. (a) In any fiscal year in which the Secretary of 

Energy determines that additional funds are needed to reimburse 

the costs of defined benefit pension plans for contractor employees, 

the Secretary may transfer not more than 1 percent from each 

appropriation made available in this and subsequent Energy and 

Determination. 

Transfer 

authority. 

42 USC 7269 

note. 

50 USC 2791a 

note. 

Notice. 

Contracts. 

Certification. 

Workforce 

restructuring 

plan. 


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PUBLIC LAW 111–85—OCT. 28, 2009 123 STAT. 2873 

Water Development Appropriation Acts to any other appropriation 

available to the Secretary in the same Act for such reimbursements. 

(b) Where the Secretary recovers the costs of defined benefit 

pension plans for contractor employees through charges for the 

indirect costs of research and activities at facilities of the Department of Energy, if the indirect costs attributable to defined benefit 

pension plan costs in a fiscal year are more than charges in fiscal 

year 2008, the Secretary shall carry out a transfer of funds under 

this section. 

(c) In carrying out a transfer under this section, the Secretary 

shall use each appropriation made available to the Department 

in that fiscal year as a source for the transfer, and shall reduce 

each appropriation by an equal percentage, except that appropriations for which the Secretary determines there exists a need for 

additional funds for pension plan costs in that fiscal year, as well 

as appropriations made available for the Power Marketing Administrations, the title XVII loan guarantee program, and the Federal 

Energy Regulatory Commission, shall not be subject to this requirement. 

(d) Each January, the Secretary shall report to the Committees 

on Appropriations of the House of Representatives and the Senate 

on the state of defined benefit pension plan liabilities in the Department for the preceding year. 

(e) This transfer authority does not apply to supplemental 

appropriations, and is in addition to any other transfer authority 

provided in this or any other Act. The authority provided under 

this section shall expire on September 30, 2015. 

(f) The Secretary shall notify the Committees on Appropriations 

of the House of Representatives and the Senate in writing not 

less than 30 days in advance of each transfer authorized by this 

section. 

SEC. 309. (a) Subject to subsection (b), no funds appropriated 

or otherwise made available by this Act or any other Act may 

be used to record transactions relating to the increase in borrowing 

authority or bonds outstanding at any time under the Federal 

Columbia River Transmission System Act (16 U.S.C. 838 et seq.) 

referred to in section 401 of division A of the American Recovery 

and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 140) 

under a funding account, subaccount, or fund symbol other than 

the Bonneville Power Administration Fund Treasury account fund 

symbol. 

(b) Funds appropriated or otherwise made available by this 

Act or any other Act may be used to ensure, for purposes of 

meeting any applicable reporting provisions of the American 

Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 

Stat. 115), that the Bonneville Power Administration uses a fund 

symbol other than the Bonneville Power Administration Fund 

Treasury account fund symbol solely to report accrued expenditures 

of projects attributed by the Administrator of the Bonneville Power 

Administration to the increased borrowing authority. 

(c) This section is effective for fiscal year 2010 and subsequent 

fiscal years. 

SEC. 310. Section 1702 of the Energy Policy Act of 2005 (42 

U.S.C. 16512) is amended by adding at the end the following new 

subsection: 

‘‘(k) WAGE RATE REQUIREMENTS.—All laborers and mechanics 

employed by contractors and subcontractors in the performance 

Effective date. 

Borrowing 

authority. 

Notification. 

Deadline. 

Expiration date. 

Deadline. 

Reports. 

Determination. 


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123 STAT. 2874 PUBLIC LAW 111–85—OCT. 28, 2009 

of construction work financed in whole or in part by a loan guaranteed under this title shall be paid wages at rates not less than 

those prevailing on projects of a character similar in the locality 

as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With 

respect to the labor standards in this subsection, the Secretary 

of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) 

and section 3145 of title 40, United States Code.’’. 

SEC. 311. None of the funds made available by this Act may 

be used to make a grant allocation, discretionary grant award, 

discretionary contract award, Other Transaction Agreement, or to 

issue a letter of intent totaling in excess of $1,000,000, or to 

announce publicly the intention to make such an award, including 

a contract covered by the Federal Acquisition Regulation, unless 

the Secretary of Energy notifies the Committees on Appropriations 

of the Senate and the House of Representatives at least 3 full 

business days in advance of making such an award or issuing 

such a letter: Provided, That if the Secretary of the Department 

of Energy determines that compliance with this section would pose 

a substantial risk to human life, health, or safety, an award may 

be made without notification and the Committees on Appropriations 

of the Senate and the House of Representatives shall be notified 

not later than 5 full business days after such an award is made 

or letter issued. 

SEC. 312. (a) ULTRA EFFICIENT VEHICLES.—Section 136 of the 

Energy Independence and Security Act of 2007 (42 U.S.C. 17013) 

is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by inserting ‘‘an ultra efficient 

vehicle or’’ after ‘‘means’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(5) ULTRA EFFICIENT VEHICLE.—The term ‘ultra efficient 

vehicle’ means a fully closed compartment vehicle designed 

to carry at least 2 adult passengers that achieves— 

‘‘(A) at least 75 miles per gallon while operating on 

gasoline or diesel fuel; 

‘‘(B) at least 75 miles per gallon equivalent while operating as a hybrid electric-gasoline or electric-diesel vehicle; 

or 

‘‘(C) at least 75 miles per gallon equivalent while operating as a fully electric vehicle.’’; 

(2) in subsection (b)— 

(A) by inserting ‘‘, ultra efficient vehicle manufacturers,’’ after ‘‘automobile manufacturers’’; 

(B) in paragraph (1)— 

(i) by striking ‘‘or’’ at the end of subparagraph 

(A); 

(ii) by striking ‘‘and’’ at the end of subparagraph 

(B) and inserting ‘‘or’’; and 

(iii) by adding at the end the following new 

subparagraph: 

‘‘(C) ultra efficient vehicles; and’’; and 

(C) in paragraph (2), by inserting ‘‘, ultra efficient 

vehicles,’’ after ‘‘qualifying vehicles’’; 

Definition. 

Determination. 

Grants. 

Contracts. 

Notifications. 

Deadlines. 


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PUBLIC LAW 111–85—OCT. 28, 2009 123 STAT. 2875 

(3) in subsection (g), by inserting ‘‘or are utilized primarily 

for the manufacture of ultra efficient vehicles’’ after ‘‘20 years’’; 

and 

(4) in subsection (h)(1)(B), by striking ‘‘automobiles’’ the 

first place it appears and inserting ‘‘ultra efficient vehicles, 

automobiles,’’. 

(b) RECONSIDERATION OF PRIOR APPLICATIONS.—The Secretary 

of Energy shall reconsider applications for assistance under section 

136 of the Energy Independence and Security Act of 2007 (42 

U.S.C. 17013) that were— 

(1) timely filed under that section before January 1, 2009; 

(2) rejected on the basis that the vehicles to which the 

proposal related were not advanced technology vehicles; and 

(3) related to ultra efficient vehicles. 

SEC. 313. (a) Except as provided in subsection (b), none of 

the funds appropriated or otherwise made available by this title 

for the Strategic Petroleum Reserve may be made available to 

any person that as of the enactment of this Act— 

(1) is selling refined petroleum products valued at $1,000,000 or more to the Islamic Republic of Iran; (2) is engaged in an activity valued at $1,000,000 or more 

that could contribute to enhancing the ability of the Islamic 

Republic of Iran to import refined petroleum products, 

including— 

(A) providing ships or shipping services to deliver 

refined petroleum products to the Islamic Republic of Iran; 

(B) underwriting or otherwise providing insurance or 

reinsurance for such an activity; or 

(C) financing or brokering such an activity; or 

(3) is selling, leasing, or otherwise providing to the Islamic 

Republic of Iran any goods, services, or technology valued at 

$1,000,000 or more that could contribute to the maintenance 

or expansion of the capacity of the Islamic Republic of Iran 

to produce refined petroleum products. 

(b) The prohibition on the use of funds under subsection (a) 

shall not apply with respect to any contract entered into by the 

United States Government before the date of the enactment of 

this Act. 

(c) If the Secretary determines a person made ineligible by 

this section has ceased the activities enumerated in (a)(1)–(3), that 

person shall no longer be ineligible under this section. 

SEC. 314. Section 132 of the Energy and Water Development 

Appropriations Act of 2006 (119 Stat 2261) is amended— 

(1) in subsection (a)(3), by striking ‘‘Corps of Engineers’’ 

and inserting ‘‘Southwestern Power Administration’’; 

(2) by adding at the end of subsection (a) the following 

new paragraph: 

‘‘(5) PAYMENT TO NON-FEDERAL LICENSEE.—Southwestern 

Power Administration shall compensate the licensee of Federal 

Energy Regulatory Commission Project No. 2221 pursuant to 

paragraph (3) using receipts collected from the sale of Federal 

power and energy related services. Pursuant to paragraph (6), 

Southwestern Power Administration will begin collecting 

receipts in the Special Receipts and Disbursement account upon 

the date of enactment of this paragraph. Payment to the 

licensee of Federal Energy Regulatory Commission Project No. 

2221 shall be paid as soon as adequate receipts are collected 

Determination. 

Petroleum and 

Petroleum 

products. 

Iran. 

42 USC 17013 

note. 


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123 STAT. 2876 PUBLIC LAW 111–85—OCT. 28, 2009 

in the Special Receipts and Disbursement Account to fully 

compensate the licensee, and in accordance with paragraph 

(2), such payment shall be considered non-reimbursable.’’; 

(3) by adding at the end of subsection (a) the following 

new paragraph: 

‘‘(6) The Southwestern Power Administration shall compensate the licensee of Federal Energy Regulatory Commission 

Project No. 2221 in annual payments of not less than 

$5,000,000, until the licensee of Federal Energy Regulatory 

Commission Project No. 2221 is fully compensated pursuant 

to paragraph (3). At the end of each fiscal year subsequent 

to implementation, any remaining balance to be paid to the 

licensee of Project No. 2221 shall accrue interest at the 30- 

year U.S. Treasury bond rate in effect at the time of 

implementation of the White River Minimum Flows project.’’; 

(4) by adding at the end of subsection (a) the following 

new paragraph: 

‘‘(7) ESTABLISHMENT OF SPECIAL RECEIPT AND DISBURSEMENT ACCOUNTS.—There is established in the Treasury of the 

United States a special receipt account and corresponding 

disbursement account to be made available to the Administrator 

of the Southwestern Power Administration to disburse precollected receipts from the sale of federal power and energy 

and related services. The accounts are authorized for the following uses: 

‘‘(A) Collect and disburse receipts for purchase power 

and wheeling expenses incurred by Southwestern Power 

Administration to purchase replacement power and energy 

as a result of implementation of the White River Minimum 

Flows project. 

‘‘(B) Collect and disburse receipts related to compensation of the licensee of Federal Energy Regulatory Commission Project No. 2221. 

‘‘(C) Said special receipt and disbursement account 

shall remain available for not more than 12 months after 

the date of full compensation of the licensee of Federal 

Energy Regulatory Commission Project No. 2221.’’; and 

(5) by adding at the end of subsection (a) the following 

new paragraph: 

‘‘(8) TIME OF IMPLEMENTATION.—For purposes of paragraphs (3) and (4), ‘time of implementation’ shall mean the 

authorization of the special receipt account and corresponding 

disbursement account described in paragraph (7).’’. 

TITLE IV 

INDEPENDENT AGENCIES 

APPALACHIAN REGIONAL COMMISSION

For expenses necessary to carry out the programs authorized 

by the Appalachian Regional Development Act of 1965, as amended, 

for necessary expenses for the Federal Co-Chairman and the Alternate on the Appalachian Regional Commission, for payment of 

the Federal share of the administrative expenses of the Commission, 

including services as authorized by 5 U.S.C. 3109, and hire of 


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PUBLIC LAW 111–85—OCT. 28, 2009 123 STAT. 2877 

passenger motor vehicles, $76,000,000, to remain available until 

expended. 

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SALARIES AND EXPENSES

For necessary expenses of the Defense Nuclear Facilities Safety 

Board in carrying out activities authorized by the Atomic Energy 

Act of 1954, as amended by Public Law 100–456, section 1441, 

$26,086,000, to remain available until expended. 

DELTA REGIONAL AUTHORITY

SALARIES AND EXPENSES

For necessary expenses of the Delta Regional Authority and 

to carry out its activities, as authorized by the Delta Regional 

Authority Act of 2000, as amended, notwithstanding sections 

382C(b)(2), 382F(d), 382M, and 382N of said Act, $13,000,000, to 

remain available until expended: Provided, That no funds in this 

Act shall be expended for the relocation of the Delta Regional 

Commission headquarters. 

DENALI COMMISSION

For expenses of the Denali Commission including the purchase, 

construction, and acquisition of plant and capital equipment as 

necessary and other expenses, $11,965,000, to remain available 

until expended, notwithstanding the limitations contained in section 

306(g) of the Denali Commission Act of 1998. 

NORTHERN BORDER REGIONAL COMMISSION

For necessary expenses of the Northern Border Regional 

Commission in carrying out activities authorized by subtitle V 

of title 40, United States Code, $1,500,000, to remain available 

until expended. 

SOUTHEAST CRESCENT REGIONAL COMMISSION

For necessary expenses of the Southeast Crescent Regional 

Commission in carrying out activities authorized by subtitle V 

of title 40, United States Code, $250,000, to remain available until 

expended. 

NUCLEAR REGULATORY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Commission in carrying out 

the purposes of the Energy Reorganization Act of 1974, as amended, 

and the Atomic Energy Act of 1954, as amended, including official 

representation expenses (not to exceed $25,000), $1,056,000,000, 

to remain available until expended: Provided, That of the amount 

appropriated herein, $29,000,000 shall be derived from the Nuclear 

Waste Fund: Provided further, That revenues from licensing fees, 

inspection services, and other services and collections estimated 

at $902,402,000 in fiscal year 2010 shall be retained and used 


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123 STAT. 2878 PUBLIC LAW 111–85—OCT. 28, 2009 

for necessary salaries and expenses in this account, notwithstanding 

31 U.S.C. 3302, and shall remain available until expended: Provided 

further, That the sum herein appropriated shall be reduced by 

the amount of revenues received during fiscal year 2010 so as 

to result in a final fiscal year 2010 appropriation estimated at 

not more than $153,598,000: Provided further, That of the amounts 

appropriated, $10,000,000 is provided to support university research 

and development in areas relevant to their respective organization’s 

mission, and $5,000,000 is to support a Nuclear Science and 

Engineering Grant Program that will support multiyear projects 

that do not align with programmatic missions but are critical to 

maintaining the discipline of nuclear science and engineering. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

as amended, $10,860,000, to remain available until expended: Provided, That revenues from licensing fees, inspection services, and other services and collections estimated at $9,774,000 in fiscal 

year 2010 shall be retained and be available until expended, for 

necessary salaries and expenses in this account, notwithstanding 

31 U.S.C. 3302: Provided further, That the sum herein appropriated 

shall be reduced by the amount of revenues received during fiscal 

year 2010 so as to result in a final fiscal year 2010 appropriation 

estimated at not more than $1,086,000. 

NUCLEAR WASTE TECHNICAL REVIEW BOARD

SALARIES AND EXPENSES

For necessary expenses of the Nuclear Waste Technical Review 

Board, as authorized by Public Law 100–203, section 5051, 

$3,891,000, to be derived from the Nuclear Waste Fund, and to 

remain available until expended. 

OFFICE OF THE FEDERAL COORDINATOR FOR ALASKA NATURAL GAS

TRANSPORTATION PROJECTS

For necessary expenses for the Office of the Federal Coordinator 

for Alaska Natural Gas Transportation Projects pursuant to the 

Alaska Natural Gas Pipeline Act of 2004, $4,466,000 until expended: 

Provided, That any fees, charges, or commissions received pursuant 

to section 802 of Public Law 110–140 in fiscal year 2010 in excess 

of $4,683,000 shall not be available for obligation until appropriated 

in a subsequent Act of Congress. 

GENERAL PROVISIONS

SEC. 401. The Nuclear Regulatory Commission shall, not later 

than 60 days after the date of enactment of this Act, provide 

a report to the Committees on Appropriations of the House of 

Representatives and the Senate identifying barriers to and its recommendations for streamlining the issuance of a Combined 

Construction and Operating License for qualified new nuclear reactors. 

SEC. 402. Section 382B of the Delta Regional Authority Act 

7 USC of 2000 is amended by deleting (c)(1) and inserting in lieu thereof 

2009 aa–1. 

Deadline. 

Reports. 


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PUBLIC LAW 111–85—OCT. 28, 2009 123 STAT. 2879 

the following: ‘‘ ‘(1) IN GENERAL—VOTING.—A decision by the 

Authority shall require the affirmative vote of the Federal cochairperson and a majority of the State members (not including any 

member representing a State that is delinquent under subsection 

(g)(2)(C)) to be effective.’’. 

SEC. 403. The Nuclear Regulatory Commission may use funds 

made available for the necessary expenses of the Nuclear Regulatory 

Commission for the acquisition and lease of additional office space 

provided by the General Services Administration in accordance 

with the fourth and fifth provisos in the matter under the heading 

‘‘Salaries and expenses’’ under the heading ‘‘Nuclear Regulatory 

Commission’’ under the heading ‘‘Independent agencies’’ of title 

IV of division C of the Omnibus Appropriations Act, 2009 (Public 

Law 111–8; 123 Stat. 629). 

TITLE V 

GENERAL PROVISIONS 

SEC. 501. None of the funds appropriated by this Act may 

be used in any way, 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 

described in 18 U.S.C. 1913. 

SEC. 502. To the extent practicable funds made available in 

this Act should be used to purchase light bulbs that are ‘‘Energy 

Star’’ qualified or have the ‘‘Federal Energy Management Program’’ 

designation. 

SEC. 503. Title IV of division A of the American Recovery 

and Reinvestment Act of 2009 (Public Law 111–5) is amended 

by adding at the end of the title, the following new section 411: 

‘‘SEC. 411. Up to 0.5 percent of each amount appropriated 

to the Department of the Army and the Bureau of Reclamation 

in this title may be used for the expenses of management and 

oversight of the programs, grants, and activities funded by such 

appropriation, and may be transferred by the Head of the Federal 

Agency involved to any other appropriate account within the department for that purpose: Provided, That the Secretary will provide 

a report to the Committees on Appropriations of the House of 

Representatives and the Senate 30 days prior to the transfer: Provided further, That funds set aside under this section shall remain 

available for obligation until September 30, 2012.’’. 

SEC. 504. (a) DEFINITIONS.—In this section: 

(1) ADMINISTRATIVE EXPENSES.—The term ‘‘administrative 

expenses’’ has the meaning as determined by the Director under 

subsection (b)(2). 

(2) AGENCY.—The term ‘‘agency’’— 

(A) means an agency as defined under section 1101 

of title 31, United States Code, that is established in the 

executive branch and receives funding under this Act; and 

(B) shall not include the District of Columbia government. 

(3) DIRECTOR.—The term ‘‘Director’’ means the Director 

of the Office of Management and Budget. 

(b) ADMINISTRATIVE EXPENSES.— 

31 USC 1105 

note. 

Reports. 

Deadline. 

Lobbying. 


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123 STAT. 2880 PUBLIC LAW 111–85—OCT. 28, 2009 

LEGISLATIVE HISTORY—H.R. 3183: 

HOUSE REPORTS: Nos. 111–203 (Comm. on Appropriations) and 111–278

(Comm. of Conference). 

CONGRESSIONAL RECORD, Vol. 155 (2009): 

July 15, 17, considered and passed House. 

July 27–29, considered and passed Senate, amended. 

Oct. 1, House agreed to conference report. 

Oct. 8, 14, 15, Senate considered and agreed to conference report. 

Æ 

(1) IN GENERAL.—All agencies shall include a separate category for administrative expenses when submitting their appropriation requests to the Office of Management and Budget 

for fiscal year 2011 and each fiscal year thereafter. 

(2) ADMINISTRATIVE EXPENSES DETERMINED.—In consultation with the agencies, the Director shall establish and revise 

as necessary a definition of administration expenses for the 

purposes of this section. All questions regarding the definition 

of administrative expenses shall be resolved by the Director. 

(c) BUDGET SUBMISSION.—Each budget of the United States 

Government submitted under section 1105 of title 31, United States 

Code, for fiscal year 2011 and each fiscal year thereafter shall 

include the amount requested for each agency for administrative 

expenses. 

SEC. 505. None of the funds made available in this Act may 

be transferred to any department, agency, or instrumentality of 

the United States Government, except pursuant to a transfer made 

by, or transfer authority provided in this Act or any other appropriation Act. 

SEC. 506. Specific projects contained in the report of the Committee on Appropriations of the House of Representatives accompanying this Act (H. Rept. 111–203) that are considered congressional earmarks for purposes of clause 9 of rule XXI of the Rules 

of the House of Representatives, when intended to be awarded 

to a for-profit entity, shall be awarded under a full and open 

competition. 

SEC. 507. (a) The Continuing Appropriations Resolution, 2010 

is amended— 

(1) in subsections (a) and (b) of section 158, by striking 

‘‘section 158’’ each place it appears and inserting ‘‘section 157’’; 

and 

(2) in section 162, by striking ‘‘sections 158 through 162’’ 

and inserting ‘‘sections 157 through 161’’. 

(b) The amendments made by subsection (a) shall take effect 

as if included in the enactment of the Continuing Appropriations 

Resolution, 2010. 

This Act may be cited as the ‘‘Energy and Water Development 

and Related Agencies Appropriations Act, 2010’’. 

Approved October 28, 2009. 

Effective date. 

Ante, p. 2053. 

Ante, p. 2051. 

Earmarks. 


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