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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1436 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 104
111th CONGRESS
  1st Session
                                S. 1436

                          [Report No. 111-45]

  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2010, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              July 9, 2009

    Mr. Dorgan, from the Committee on Appropriations, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL

 
  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 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.

                         general 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, $170,000,000, to 
remain available until expended.

                         construction, general

    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 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); 
$1,924,000,000, 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 pursuant to 
Public Law 99-662 shall be derived from the Inland Waterways Trust 
Fund, 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 the Chief of Engineers is directed to use 
$18,000,000 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 $21,750,000 of funds available for the Marlinton, West 
Virginia Local Protection Project to continue engineering and design 
efforts, execute a project partnership agreement, and construct 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 $2,750,000 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 $4,000,000 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.

                   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 $10,000,000 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, $2,450,000,000, 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, as amended (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.

                           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, $140,000,000, to remain available until 
expended.

                            general 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, $186,000,000, 
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;
            (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) Continuing Authorities Program.--Subsection (a)(1) shall not 
apply to any project or activity funded under the continuing 
authorities program.
    (c) 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 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.  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.

             water reallocation, lake cumberland, kentucky

    Sec. 104. (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. 105.  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 
Waterway Trust Fund unless or until such time that a permanent solution 
long-term mechanism to enhance revenues in the fund is enacted.
    Sec. 106.  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. 107.  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. 108.  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. 109.  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. 110.  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. 111.  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. 112.  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).
    Sec. 113.  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. 114.  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.

                              (rescission)

    Sec. 115.  The amount of $2,100,000 made available in division C, 
of Public Law 111-8, under the heading ``Mississippi River and 
Tributaries'' for site restoration of the St. Johns Bayou-New Madrid 
Floodway, Missouri, project less any funds needed for contract 
termination, are hereby rescinded and $2,100,000 is appropriated under 
the heading ``Mississippi River and Tributaries'' for the Mississippi 
Channel Improvement, Arkansas, Illinois, Kentucky, Louisiana, 
Mississippi, Missouri, and Tennessee construction project.

                              (rescission)

    Sec. 116.  The amount of $1,800,000 made available in division C, 
of Public Law 111-8, under the heading ``Construction, General'' for 
site restoration of the St. Johns Bayou-New Madrid Floodway, Missouri, 
project less any funds needed for contract termination, and are hereby 
rescinded and $1,800,000 is appropriated under the heading 
``Construction, General'' for section 206 (Public Law 104-303), Aquatic 
Ecosystem Restoration, as amended.

                                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, $993,125,000, to remain available until expended, of which 
$53,240,000 shall be available for transfer to the Upper Colorado River 
Basin Fund and $17,936,000 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 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 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, $41,000,000, 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 
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 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 ``SJVDP-Alternative 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)--
                    (A) in the matter preceding subparagraph (A)--
                            (i) by striking ``not more than'';
                            (ii) by inserting ``or the National Fish 
                        and Wildlife Foundation'' after ``University of 
                        Nevada''; and
                            (iii) by inserting ``The Secretary may 
                        provide funds to the National Fish and Wildlife 
                        Foundation in advance without regard to when 
                        expenses are incurred. The funds shall be 
                        subject to the provisions of the National Fish 
                        and Wildlife Foundation Establishment Act, 
                        excluding subsection (a) of section 10 of the 
                        Act (16 U.S.C. 3709(a)).'' at the end;
                    (B) in subparagraph (A), by striking ``, Nevada; 
                and'' and inserting ``; and'';
                    (C) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(C) to design and implement conservation and 
                stewardship measures to address impacts from activities 
                carried out--
                            ``(i) under subparagraph (A); and
                            ``(ii) in conjunction with willing 
                        landowners.''; and
            (2) in paragraph (2), in the matter preceding subparagraph 
        (A), by striking ``the University'' and all that follows 
        through ``beneficial to--'' and inserting ``the University of 
        Nevada or the National Fish and Wildlife Foundation shall make 
        acquisitions that the University or the Foundation determines 
        to be the most beneficial to--''.
    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.  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) (as amended by section 2807 of the Food, 
Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 
1818)), the Secretary of the Interior, acting through the Commissioner 
of Reclamation, shall--
            (1) provide, in accordance with section 208(a)(1) of the 
        Energy and Water Development Appropriations Act, 2006 (Public 
        Law 109-103; 119 Stat. 2268), as amended--
                    (A) $66,200,000 to establish the Walker Lake Basin 
                Restoration Program for the primary purpose of 
                restoring and maintaining Walker Lake, a natural desert 
                terminal lake in Nevada, consistent with protection of 
                the ecological health of the Walker River and its 
                riparian and watershed resources.
                    (B) Funds made available under section (1)(A) shall 
                be used to support efforts to preserve Walker Lake 
                while protecting agricultural, environmental and 
                habitat interests in the basin, and be allocated as 
                follows:
                            (i) $25,000,000 for--
                                    (I) the implementation of a three-
                                year water leasing demonstration 
                                program in the Walker River Basin to 
                                increase Walker Lake inflows;
                                    (II) use in obtaining information 
                                regarding the establishment, budget, 
                                and scope of a longer-term leasing 
                                program;
                            (ii) $25,000,000 to further the acquisition 
                        of water and related interests from willing 
                        sellers authorized by section 208(a)(1)(A) of 
                        Public Law 109-103 (119 Stat. 2268), as 
                        amended;
                            (iii) $1,000,000 for activities related 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 
                        thereunder;
                            (iv) $10,000,000 for associated Walker Lake 
                        Basin conservation and stewardship activities, 
                        including but not limited to, 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 Lake Basin Restoration Program; 
                        and
                            (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)(B) of 
                                that Act (Public Law 109-103; 119 Stat. 
                                2268) and
                                    (II) to conduct an annual 
                                evaluation of the results of the 
                                activities carried out under 
                                subsections (i) and (ii) for the 
                                purposes of maximizing water 
                                conveyances to Walker Lake support and 
                                inform the above and related 
                                acquisition and stewardship initiatives 
                                in the Walker Lake Basin; and
                            (vi) $200,000 to support alternative crops 
                        and alternative agricultural cooperatives 
                        programs in Lyon County, Nevada, that promote 
                        significant water conservation in the Walker 
                        River Basin.
                    (C) Funds allocated under section (1)(A) shall be 
                provided to the National Fish and Wildlife Foundation 
                in advance without regard to when expenses are incurred 
                and be subject to the provisions of the National Fish 
                and Wildlife Foundation Establishment Act, excluding 
                subsection (a) of section 10 of the Act (16 U.S.C. 
                3709(a)).
            (2) allocate--
                    (A) $2,000,000, acting through a nonprofit 
                conservation organization, acting in consultation with 
                the Truckee Meadows Water Authority, for--
                            (i)(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; and
                            (ii) with respect to any amounts in excess 
                        of the amounts required to carry out clause 
                        (i)(I), stewardship purposes, to remain 
                        available until expended;
                    (B) $5,000,000 to provide grants, to be divided 
                equally, 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 River 
                Settlement Act, Public Law 101-618; and
                    (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.
    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 ``2015'' in lieu thereof.

                               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, $2,233,967,000, to 
remain available until expended: Provided, That, of the amount 
appropriated in this paragraph, $148,075,000 shall be used for projects 
specified in the table that appears under the heading ``Congressionally 
Directed Energy Efficiency and Renewable Energy Projects'' in the 
report of the Committee on Appropriations of the United States Senate 
to accompany 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, $179,483,000, 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 
security of the bulk power electric grid: Provided further, That, of 
the amount appropriated in this paragraph, $6,475,000 shall be used for 
projects specified in the table that appears under the heading 
``Congressionally Directed Electricity Delivery and Energy Reliability 
Projects'' in the report of the Committee on Appropriations of the 
United States Senate to accompany this Act.

                             Nuclear Energy

                     (including transfer of funds)

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for nuclear energy activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 
et seq.), including the acquisition or condemnation of any real 
property or any facility or for plant or facility acquisition, 
construction, or expansion, and the purchase of not to exceed 36 
passenger motor vehicles, including one ambulance, all for replacement 
only, $761,274,000, to remain available until expended: Provided, That, 
of the amount appropriated in this paragraph, $2,000,000 shall be used 
for projects specified in the table that appears under the heading 
``Congressionally Directed Nuclear Energy Projects'' in the report of 
the Committee on Appropriations of the United States Senate to 
accompany 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), $699,200,000, 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, $27,300,000 shall be used for 
projects specified in the table that appears under the heading 
``Congressionally Directed Fossil Energy Projects'' in the report of 
the Committee on Appropriations of the United States Senate to 
accompany 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 pursuant 
to the Energy Policy and Conservation Act of 1975, as amended (42 
U.S.C. 6201 et seq.), $259,073,000, 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, $259,829,000, 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, $588,322,000, to be 
derived from the Uranium Enrichment Decontamination and Decommissioning 
Fund, to remain available until expended.

                                Science

    For Department of Energy expenses including the purchase, 
construction and acquisition of plant and capital equipment, and other 
expenses necessary for science activities in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not to exceed 50 passenger motor vehicles 
for replacement only, including one law enforcement vehicle, two 
ambulances, and three buses, $4,898,832,000, to remain available until 
expended: Provided, That, of the amount appropriated in this paragraph, 
$41,150,000 shall be used for projects specified in the table that 
appears under the heading ``Congressionally Directed Science Projects'' 
in the report of the Committee on Appropriations of the United States 
Senate to accompany 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 NWPA and this Act: Provided further, That failure to 
provide such certification shall cause such entity to be prohibited 
from any further funding provided for similar activities: Provided 
further, That none of the funds herein appropriated may be: (1) used 
directly or indirectly to influence legislative action, except for 
normal and recognized executive-legislative communications, on any 
matter pending before Congress or a State legislature or for lobbying 
activity as provided in 18 U.S.C. 1913; (2) used for litigation 
expenses; or (3) used to support multi-State efforts or other coalition 
building activities inconsistent with the restrictions contained in 
this Act: Provided further, That all proceeds and recoveries realized 
by the Secretary in carrying out activities authorized by the NWPA, 
including but not limited to, any proceeds from the sale of assets, 
shall be available without further appropriation and shall remain 
available until expended: Provided further, That no funds provided in 
this Act or any previous Act may be used to pursue repayment or 
collection of funds provided in any fiscal year to affected units of 
local government for oversight activities that had been previously 
approved by the Department of Energy, or to withhold payment of any 
such funds.

         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.

        Advanced Technology Vehicles Manufacturing Loan Program

    For administrative expenses in carrying out the Advanced Technology 
Vehicles Manufacturing Loan Program, $20,000,000, to remain available 
until expended.

                      Departmental Administration

                     (including transfer of funds)

    For salaries and expenses of the Department of Energy necessary for 
Departmental Administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the hire of passenger motor vehicles and official reception 
and representation expenses not to exceed $293,684,000, 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 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 $173,944,000.

                    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; $6,468,267,000, to remain available until 
expended.

                    Defense Nuclear Nonproliferation

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for defense nuclear nonproliferation 
activities, in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, and the purchase of 
not to exceed one passenger motor vehicle for replacement only, 
$2,136,709,000, to remain available until expended.

                             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, $973,133,000, to 
remain available until expended.

                      Office of the Administrator

    For necessary expenses of the Office of the Administrator in the 
National Nuclear Security Administration, including official reception 
and representation expenses not to exceed $12,000,$420,754,000, to 
remain available until expended.

               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, $5,763,856,000, 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 table that appears under the heading 
``Congressionally Directed Defense Environmental Cleanup Projects'' in 
the report of the Committee on Appropriations of the United States 
Senate to accompany 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, $854,468,000, to remain available until 
expended: Provided, That of the amount appropriated in this paragraph, 
$2,000,000 shall be used for projects specified in the table that 
appears under the heading ``Congressionally Directed Other Defense 
Activities Projects'' in the report of the Committee on Appropriations 
of the United States Senate to accompany 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 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 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).

 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 $1,500,000; $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 
hydroelectric 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, 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
            (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.  Not to exceed 5 per centum, or $100,000,000, of any 
appropriation, whichever is less, made available for Department of 
Energy activities funded in this Act or subsequent Energy and Water 
Development Appropriations Acts may hereafter be transferred between 
such appropriations, but no such appropriation, except as otherwise 
provided, shall be increased or decreased by more than 5 per centum by 
any such transfers, and request of such transfers shall be submitted 
promptly to the Committees on Appropriations of the House and Senate.
    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.  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. 311. (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 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.

                                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 passenger motor vehicles, 
$76,000,000, to remain available until expended: Provided, That any 
congressionally directed spending shall be taken from within that 
State's allocation in the fiscal year in which it is provided.

                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.

                           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.

                     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), $1,061,000,000, 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 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 
$158,598,000: 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 Provision

    Sec. 401.  Section 382B of the Delta Regional Authority Act of 2000 
is amended by deleting (c)(1) and inserting in lieu thereof 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.''.

                                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.  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.
    This Act may be cited as the ``Energy and Water Development and 
Related Agencies Appropriations Act, 2010''.
                                                       Calendar No. 104

111th CONGRESS

  1st Session

                                S. 1436

                          [Report No. 111-45]

_______________________________________________________________________

                                 A BILL

  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2010, and for other 
                               purposes.

_______________________________________________________________________

                              July 9, 2009

                 Read twice and placed on the calendar
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