II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2010, and for other pur6 poses, namely: 
2 

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1 TITLE I 

2 CORPS OF ENGINEERS—CIVIL 

3 DEPARTMENT OF THE ARMY 

4 CORPS OF ENGINEERS—CIVIL

5 The following appropriations shall be expended under 

6 the direction of the Secretary of the Army and the super7 vision of the Chief of Engineers for authorized civil func8 tions of the Department of the Army pertaining to rivers 

9 and harbors, flood and storm damage reduction, shore 

10 protection, aquatic ecosystem restoration, and related ef11 forts. 

12 GENERAL INVESTIGATIONS

13 For expenses necessary where authorized by law for 

14 the collection and study of basic information pertaining 

15 to river and harbor, flood and storm damage reduction, 

16 shore protection, aquatic ecosystem restoration, and re17 lated needs; for surveys and detailed studies, and plans 

18 and specifications of proposed river and harbor, flood and 

19 storm damage reduction, shore protection, and aquatic 

20 ecosystem restoration projects and related efforts prior to 

21 construction; for restudy of authorized projects; and for 

22 miscellaneous investigations and, when authorized by law, 

23 surveys and detailed studies, and plans and specifications 

24 of projects prior to construction, $170,000,000, to remain 

25 available until expended. 
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1 CONSTRUCTION, GENERAL

2 For expenses necessary for the construction of river 

3 and harbor, flood and storm damage reduction, shore pro4 tection, aquatic ecosystem restoration, and related 

5 projects authorized by law; for conducting detailed studies, 

6 and plans and specifications, of such projects (including 

7 those involving participation by States, local governments, 

8 or private groups) authorized or made eligible for selection 

9 by law (but such detailed studies, and plans and specifica10 tions, shall not constitute a commitment of the Govern11 ment to construction); $1,924,000,000, to remain avail12 able until expended; of which such sums as are necessary 

13 to cover the Federal share of construction costs for facili14 ties under the Dredged Material Disposal Facilities pro15 gram shall be derived from the Harbor Maintenance Trust 

16 Fund as authorized by Public Law 104–303; and of which 

17 such sums as are necessary pursuant to Public Law 99– 

18 662 shall be derived from the Inland Waterways Trust 

19 Fund, to cover one-half of the costs of construction, re20 placement, rehabilitation, and expansion of inland water21 ways projects (including only Chickamauga Lock, Ten22 nessee; Kentucky Lock and Dam, Tennessee River, Ken23 tucky; Lock and Dams 2, 3, and 4 Monongahela River, 

24 Pennsylvania; Markland Locks and Dam, Kentucky and 

25 Indiana; Olmsted Lock and Dam, Illinois and Kentucky; 
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1 and Emsworth Locks and Dam, Ohio River, Pennsylvania) 

2 shall be derived from the Inland Waterways Trust Fund: 

3 Provided, That the Chief of Engineers is directed to use 

4 $18,000,000 of the funds appropriated herein for the Dal5 las Floodway Extension, Texas, project, including the 

6 Cadillac Heights feature, generally in accordance with the 

7 Chief of Engineers report dated December 7, 1999: Pro8 vided further, That the Chief of Engineers is directed to 

9 use $21,750,000 of funds available for the Marlinton, 

10 West Virginia Local Protection Project to continue engi11 neering and design efforts, execute a project partnership 

12 agreement, and construct the project substantially in ac13 cordance with Alternative 1 as described in the Corps of 

14 Engineers Final Detailed Project Report and Environ15 mental Impact Statement for Marlinton, West Virginia 

16 Local Protection Project dated September 2008: Provided 

17 further, That the Federal and non-Federal shares shall be 

18 determined in accordance with the ability-to-pay provi19 sions prescribed in section 103(m) of the Water Resources 

20 Development Act of 1986, as amended: Provided further, 

21 That the Chief of Engineers is directed to use $2,750,000 

22 of the funds appropriated herein for planning, engineer23 ing, design or construction of the Grundy, Buchanan 

24 County, and Dickenson County, Virginia, elements of the 

25 Levisa and Tug Forks of the Big Sandy River and Upper 
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1 Cumberland River Project: Provided further, That the 

2 Chief of Engineers is directed to use $4,000,000 of the 

3 funds appropriated herein to continue planning, engineer4 ing, design or construction of the Lower Mingo County, 

5 Upper Mingo County, Wayne County, McDowell County, 

6 West Virginia, elements of the Levisa and Tug Forks of 

7 the Big Sandy River and Upper Cumberland River 

8 Project. 

9 MISSISSIPPI RIVER AND TRIBUTARIES

10 For expenses necessary for flood damage reduction 

11 projects and related efforts in the Mississippi River allu12 vial valley below Cape Girardeau, Missouri, as authorized 

13 by law, $340,000,000, to remain available until expended, 

14 of which such sums as are necessary to cover the Federal 

15 share of eligible operation and maintenance costs for in16 land harbors shall be derived from the Harbor Mainte17 nance Trust Fund: Provided, That the Secretary of the 

18 Army, acting through the Chief of Engineers is directed 

19 to use $10,000,000 appropriated herein for construction 

20 of water withdrawal features of the Grand Prairie, Arkan21 sas, project. 

22 OPERATION AND MAINTENANCE

23 For expenses necessary for the operation, mainte24 nance, and care of existing river and harbor, flood and 

25 storm damage reduction, aquatic ecosystem restoration, 
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1 and related projects authorized by law; providing security 

2 for infrastructure owned or operated by the Corps, includ3 ing administrative buildings and laboratories; maintaining 

4 harbor channels provided by a State, municipality, or 

5 other public agency that serve essential navigation needs 

6 of general commerce, where authorized by law; surveying 

7 and charting northern and northwestern lakes and con8 necting waters; clearing and straightening channels; and 

9 removing obstructions to navigation, $2,450,000,000, to 

10 remain available until expended, of which such sums as 

11 are necessary to cover the Federal share of eligible oper12 ation and maintenance costs for coastal harbors and chan13 nels, and for inland harbors shall be derived from the Har14 bor Maintenance Trust Fund; of which such sums as be15 come available from the special account for the Corps es16 tablished by the Land and Water Conservation Act of 

17 1965, as amended (16 U.S.C. 460l–6a(i)), shall be derived 

18 from that account for resource protection, research, inter19 pretation, and maintenance activities related to resource 

20 protection in the areas at which outdoor recreation is 

21 available; and of which such sums as become available 

22 from fees collected under section 217 of the Water Re23 sources Development Act of 1996 (Public Law 104–303), 

24 shall be used to cover the cost of operation and mainte25 nance of the dredged material disposal facilities for which 
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1 such fees have been collected: Provided, That 1 percent 

2 of the total amount of funds provided for each of the pro3 grams, projects or activities funded under this heading 

4 shall not be allocated to a field operating activity prior 

5 to the beginning of the fourth quarter of the fiscal year 

6 and shall be available for use by the Chief of Engineers 

7 to fund such emergency activities as the Chief of Engi8 neers determines to be necessary and appropriate; and 

9 that the Chief of Engineers shall allocate during the 

10 fourth quarter any remaining funds which have not been 

11 used for emergency activities proportionally in accordance 

12 with the amounts provided for the programs, projects or 

13 activities. 

14 REGULATORY PROGRAM

15 For expenses necessary for administration of laws 

16 pertaining to regulation of navigable waters and wetlands, 

17 $190,000,000, to remain available until expended. 

18 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

19 For expenses necessary to clean up contamination 

20 from sites in the United States resulting from work per21 formed as part of the Nation’s early atomic energy pro22 gram, $140,000,000, to remain available until expended. 

23 GENERAL EXPENSES

24 For expenses necessary for the supervision and gen25 eral administration of the civil works program in the head-
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1 quarters of the United States Army Corps of Engineers, 

2 and the offices of the Division Engineers; and for the man3 agement and operation of the Humphreys Engineer Cen4 ter Support Activity, the Institute for Water Resources, 

5 the United States Army Engineer Research and Develop6 ment Center, and the United States Army Corps of Engi7 neers Finance Center, $186,000,000, to remain available 

8 until expended, of which not to exceed $5,000 may be used 

9 for official reception and representation purposes and only 

10 during the current fiscal year: Provided, That no part of 

11 any other appropriation provided in title I of this Act shall 

12 be available to fund the civil works activities of the Office 

13 of the Chief of Engineers or the civil works executive di14 rection and management activities of the division offices: 

15 Provided further, That any Flood Control and Coastal 

16 Emergencies appropriation may be used to fund the super17 vision and general administration of emergency oper18 ations, repairs, and other activities in response to any 

19 flood, hurricane, or other natural disaster. 

20 OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL

21 WORKS)

22 For the Office of Assistant Secretary of the Army 

23 (Civil Works) as authorized by 10 U.S.C. 3016(b)(3), 

24 $5,000,000, to remain available until expended. 
9 

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1 ADMINISTRATIVE PROVISION

2 The Revolving Fund, Corps of Engineers, shall be 

3 available during the current fiscal year for purchase (not 

4 to exceed 100 for replacement only) and hire of passenger 

5 motor vehicles for the civil works program. 

6 GENERAL PROVISIONS, CORPS OF ENGINEERS—CIVIL

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

8 of this Act, or provided by previous appropriations Acts 

9 to the agencies or entities funded in title I of this Act 

10 that remain available for obligation or expenditure in fiscal 

11 year 2010, shall be available for obligation or expenditure 

12 through a reprogramming of funds that: 

13 (1) creates or initiates a new program, project, 

14 or activity; 

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

16 (3) increases funds or personnel for any pro17 gram, project, or activity for which funds have been 

18 denied or restricted by this Act, unless prior ap19 proval is received from the House and Senate Com20 mittees on Appropriations; 

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

22 activity for a different purpose, unless prior approval 

23 is received from the House and Senate Committees 

24 on Appropriations; 
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1 (5) augments or reduces existing programs, 

2 projects or activities in excess of the amounts con3 tained in subsections 6 through 10, unless prior ap4 proval is received from the House and Senate Com5 mittees on Appropriations; 

6 (6) INVESTIGATIONS.—For a base level over 

7 $100,000, reprogramming of 25 percent of the base 

8 amount up to a limit of $150,000 per project, study 

9 or activity is allowed: Provided, That for a base level 

10 less than $100,000, the reprogramming limit is 

11 $25,000: Provided further, That up to $25,000 may 

12 be reprogrammed into any continuing study or activ13 ity that did not receive an appropriation for existing 

14 obligations and concomitant administrative expenses; 

15 (7) CONSTRUCTION.—For a base level over 

16 $2,000,000, reprogramming of 15 percent of the 

17 base amount up to a limit of $3,000,000 per project, 

18 study or activity is allowed: Provided, That for a 

19 base level less than $2,000,000, the reprogramming 

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

21 $3,000,000 may be reprogrammed for settled con22 tractor claims, changed conditions, or real estate de23 ficiency judgments: Provided further, That up to 

24 $300,000 may be reprogrammed into any continuing 

25 study or activity that did not receive an appropria-
11 

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1 tion for existing obligations and concomitant admin2 istrative expenses; 

3 (8) OPERATION AND MAINTENANCE.—Unlim4 ited reprogramming authority is granted in order for 

5 the Corps to be able to respond to emergencies: Pro6 vided, That the Chief of Engineers must notify the 

7 House and Senate Committees on Appropriations of 

8 these emergency actions as soon thereafter as prac9 ticable: Provided further, That for a base level over 

10 $1,000,000, reprogramming of 15 percent of the 

11 base amount a limit of $5,000,000 per project, study 

12 or activity is allowed: Provided further, That for a 

13 base level less than $1,000,000, the reprogramming 

14 limit is $150,000: Provided further, That $150,000 

15 may be reprogrammed into any continuing study or 

16 activity that did not receive an appropriation; 

17 (9) MISSISSIPPI RIVER AND TRIBUTARIES.— 

18 The same reprogramming guidelines for the Inves19 tigations, Construction, and Operation and Mainte20 nance portions of the Mississippi River and Tribu21 taries Account as listed above; and 

22 (10) FORMERLY UTILIZED SITES REMEDIAL AC23 TION PROGRAM.—Reprogramming of up to 15 per24 cent of the base of the receiving project is permitted. 
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1 (b) CONTINUING AUTHORITIES PROGRAM.—Sub2 section (a)(1) shall not apply to any project or activity 

3 funded under the continuing authorities program. 

4 (c) Not later than 60 days after the date of enact5 ment of this Act, the Corps of Engineers shall submit a 

6 report to the House and Senate Committees on Appropria7 tions to establish the baseline for application of re8 programming and transfer authorities for the current fis9 cal year: Provided, That the report shall include: 

10 (1) A table for each appropriation with a sepa11 rate column to display the President’s budget re12 quest, adjustments made by Congress, adjustments 

13 due to enacted rescissions, if appropriate, and the 

14 fiscal year enacted level; 

15 (2) A delineation in the table for each appro16 priation both by object class and program, project 

17 and activity as detailed in the budget appendix for 

18 the respective appropriations; and 

19 (3) An identification of items of special congres20 sional interest. 

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

22 Acts, making funds available for Energy and Water Devel23 opment, shall be used to implement any pending or future 

24 competitive sourcing actions under OMB Circular A–76 
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1 or High Performing Organizations for the U.S. Army 

2 Corps of Engineers. 

3 SEC. 103. Within 90 days of the date of the Chief 

4 of Engineers Report on a water resource matter, the As5 sistant Secretary of the Army (Civil Works) shall submit 

6 the report to the appropriate authorizing and appro7 priating committees of the Congress. 

8 WATER REALLOCATION, LAKE CUMBERLAND, KENTUCKY

9 SEC. 104. (a) IN GENERAL.—Subject to subsection 

10 (b), none of the funds made available by this Act may be 

11 used to carry out any water reallocation project or compo12 nent under the Wolf Creek Project, Lake Cumberland, 

13 Kentucky, authorized under the Act of June 28, 1938 (52 

14 Stat. 1215, ch. 795) and the Act of July 24, 1946 (60 

15 Stat. 636, ch. 595). 

16 (b) EXISTING REALLOCATIONS.—Subsection (a) shall 

17 not apply to any water reallocation for Lake Cumberland, 

18 Kentucky, that is carried out subject to an agreement or 

19 payment schedule in effect on the date of enactment of 

20 this Act. 

21 SEC. 105. None of the funds in this Act, or previous 

22 Acts, making funds available for Energy and Water Devel23 opment shall be used to award any continuing contract 

24 that commits additional funding from the Inland Water25 way Trust Fund unless or until such time that a perma-
14 

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1 nent solution long-term mechanism to enhance revenues 

2 in the fund is enacted. 

3 SEC. 106. Section 592(g) of Public Law 106–53 (113 

4 Stat. 380), as amended by section 120 of Public Law 108– 

5 137 (117 Stat. 1837) and section 5097 of Public Law 

6 110–114 (121 Stat. 1233), is further amended by striking 

7 ‘‘$110,000,000’’ and inserting ‘‘$200,000,000’’ in lieu 

8 thereof. 

9 SEC. 107. The project for flood control, Big Sioux 

10 River and Skunk Creek, Sioux Falls, South Dakota au11 thorized by section 101(a)(28) of the Water Resources De12 velopment Act of 1996 (Public Law 104–303; 110 Stat. 

13 3666), is modified to authorize the Secretary to construct 

14 the project at an estimated total cost of $53,500,000, with 

15 an estimated Federal cost of $37,700,000 and an esti16 mated non-Federal cost of $15,800,000. 

17 SEC. 108. Section 595(h) of Public Law 106–53 (113 

18 Stat. 384), as amended by section 5067 of Public Law 

19 110–114 (121 Stat. 1219), is further amended by— 

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

21 of Montana and New Mexico’’ and inserting the fol22 lowing language in lieu thereof: ‘‘$75,000,000 for 

23 Montana, $25,000,000 for New Mexico’’; and 

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

25 ‘‘$100,000,000’’ in lieu thereof. 
15 

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1 SEC. 109. The project for flood damage reduction, 

2 Des Moines and Raccoon Rivers, Des Moines Iowa, au3 thorized by section 1001(21) of the Water Resources De4 velopment Act of 2007 (121 Stat. 1053), is modified to 

5 authorize the Secretary to construct the project at a total 

6 cost of $16,500,000 with an estimated Federal cost of 

7 $10,725,000 and an estimated non-Federal cost of 

8 $5,775,000. 

9 SEC. 110. The project for flood damage reduction, 

10 Breckenridge, Minnesota, authorized by section 320 of the 

11 Water Resources Development Act of 2000 (Public Law 

12 106–541; 114 Stat. 2605), is modified to authorize the 

13 Secretary to construct the project at a total cost of 

14 $39,360,000 with an estimated Federal cost of 

15 $25,000,000 and an estimated non-Federal cost of 

16 $14,360,000. 

17 SEC. 111. Section 122 of title I of division D of the 

18 Consolidated Appropriations Resolution, 2003 (Public 

19 Law 108–7; 117 Stat. 141) is amended by striking 

20 ‘‘$10,000,000’’ and inserting ‘‘$27,000,000’’ in lieu there21 of. 

22 SEC. 112. The Secretary of the Army is authorized 

23 to carry out structural and non-structural projects for 

24 storm damage prevention and reduction, coastal erosion, 

25 and ice and glacial damage in Alaska, including relocation 
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1 of affected communities and construction of replacement 

2 facilities: Provided, That the non-Federal share of any 

3 project carried out pursuant to this section shall be no 

4 more than 35 percent of the total cost of the project and 

5 shall be subject to the ability of the non-Federal interest 

6 to pay, as determined in accordance with 33 U.S.C. 

7 2213(m). 

8 SEC. 113. Section 3111(1) of the Water Resources 

9 Development Act, 2007 (Public Law 110–114; 121 Stat. 

10 1041) is amended by inserting after the word ‘‘before’’, 

11 the following: ‘‘, on and after’’. 

12 SEC. 114. The flood control project for West Sac13 ramento, California, authorized by section 101(4), Water 

14 Resources Development Act, 1992, Public Law 102–580; 

15 Energy and Water Development Appropriations Act, 

16 1999, Public Law 105–245, is modified to authorize the 

17 Secretary of Army, acting through the Chief of Engineers, 

18 to construct the project at a total cost of $53,040,000 with 

19 an estimated first Federal cost of $38,355,000 and an es20 timated non-Federal first cost of $14,685,000. 

21 (RESCISSION)

22 SEC. 115. The amount of $2,100,000 made available 

23 in division C, of Public Law 111–8, under the heading 

24 ‘‘Mississippi River and Tributaries’’ for site restoration of 

25 the St. Johns Bayou-New Madrid Floodway, Missouri, 
17 

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1 project less any funds needed for contract termination, are 

2 hereby rescinded and $2,100,000 is appropriated under 

3 the heading ‘‘Mississippi River and Tributaries’’ for the 

4 Mississippi Channel Improvement, Arkansas, Illinois, 

5 Kentucky, Louisiana, Mississippi, Missouri, and Ten6 nessee construction project. 

7 (RESCISSION)

8 SEC. 116. The amount of $1,800,000 made available 

9 in division C, of Public Law 111–8, under the heading 

10 ‘‘Construction, General’’ for site restoration of the St. 

11 Johns Bayou-New Madrid Floodway, Missouri, project 

12 less any funds needed for contract termination, and are 

13 hereby rescinded and $1,800,000 is appropriated under 

14 the heading ‘‘Construction, General’’ for section 206 

15 (Public Law 104–303), Aquatic Ecosystem Restoration, 

16 as amended. 

17 TITLE II 

18 DEPARTMENT OF THE INTERIOR 

19 CENTRAL UTAH PROJECT

20 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

21 For carrying out activities authorized by the Central 

22 Utah Project Completion Act, $40,300,000, to remain 

23 available until expended, of which $1,500,000 shall be de24 posited into the Utah Reclamation Mitigation and Con25 servation Account for use by the Utah Reclamation Miti-
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1 gation and Conservation Commission. In addition, for nec2 essary expenses incurred in carrying out related respon3 sibilities of the Secretary of the Interior, $1,704,000, to 

4 remain available until expended. For fiscal year 2010, the 

5 Commission may use an amount not to exceed $1,500,000 

6 for administrative expenses. 

7 BUREAU OF RECLAMATION

8 The following appropriations shall be expended to 

9 execute authorized functions of the Bureau of Reclama10 tion: 

11 WATER AND RELATED RESOURCES

12 (INCLUDING TRANSFERS OF FUNDS)

13 For management, development, and restoration of 

14 water and related natural resources and for related activi15 ties, including the operation, maintenance, and rehabilita16 tion of reclamation and other facilities, participation in 

17 fulfilling related Federal responsibilities to Native Ameri18 cans, and related grants to, and cooperative and other 

19 agreements with, State and local governments, federally 

20 recognized Indian tribes, and others, $993,125,000, to re21 main available until expended, of which $53,240,000 shall 

22 be available for transfer to the Upper Colorado River 

23 Basin Fund and $17,936,000 shall be available for trans24 fer to the Lower Colorado River Basin Development Fund; 

25 of which such amounts as may be necessary may be ad-
19 

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1 vanced to the Colorado River Dam Fund; of which not 

2 more than $500,000 is for high priority projects which 

3 shall be carried out by the Youth Conservation Corps, as 

4 authorized by 16 U.S.C. 1706: Provided, That such trans5 fers may be increased or decreased within the overall ap6 propriation under this heading: Provided further, That of 

7 the total appropriated, the amount for program activities 

8 that can be financed by the Reclamation Fund or the Bu9 reau of Reclamation special fee account established by 16 

10 U.S.C. 460l–6a(i) shall be derived from that Fund or ac11 count: Provided further, That funds contributed under 43 

12 U.S.C. 395 are available until expended for the purposes 

13 for which contributed: Provided further, That funds ad14 vanced under 43 U.S.C. 397a shall be credited to this ac15 count and are available until expended for the same pur16 poses as the sums appropriated under this heading: Pro17 vided further, That funds available for expenditure for the 

18 Departmental Irrigation Drainage Program may be ex19 pended by the Bureau of Reclamation for site remediation 

20 on a nonreimbursable basis. 

21 CENTRAL VALLEY PROJECT RESTORATION FUND

22 For carrying out the programs, projects, plans, habi23 tat restoration, improvement, and acquisition provisions of 

24 the Central Valley Project Improvement Act, $35,358,000, 

25 to be derived from such sums as may be collected in the 
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1 Central Valley Project Restoration Fund pursuant to sec2 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 

3 102–575, to remain available until expended: Provided, 

4 That the Bureau of Reclamation is directed to assess and 

5 collect the full amount of the additional mitigation and 

6 restoration payments authorized by section 3407(d) of 

7 Public Law 102–575: Provided further, That none of the 

8 funds made available under this heading may be used for 

9 the acquisition or leasing of water for in-stream purposes 

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

11 by a court adopted decree or order. 

12 CALIFORNIA BAY-DELTA RESTORATION

13 (INCLUDING TRANSFERS OF FUNDS)

14 For carrying out activities authorized by the Water 

15 Supply, Reliability, and Environmental Improvement Act, 

16 consistent with plans to be approved by the Secretary of 

17 the Interior, $41,000,000, to remain available until ex18 pended, of which such amounts as may be necessary to 

19 carry out such activities may be transferred to appropriate 

20 accounts of other participating Federal agencies to carry 

21 out authorized purposes: Provided, That funds appro22 priated herein may be used for the Federal share of the 

23 costs of CALFED Program management: Provided fur24 ther, That the use of any funds provided to the California 

25 Bay-Delta Authority for program-wide management and 
21 

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1 oversight activities shall be subject to the approval of the 

2 Secretary of the Interior: Provided further, That CALFED 

3 implementation shall be carried out in a balanced manner 

4 with clear performance measures demonstrating concur5 rent progress in achieving the goals and objectives of the 

6 Program. 

7 POLICY AND ADMINISTRATION

8 For necessary expenses of policy, administration, and 

9 related functions in the Office of the Commissioner, the 

10 Denver office, and offices in the five regions of the Bureau 

11 of Reclamation, to remain available until expended, 

12 $61,200,000, to be derived from the Reclamation Fund 

13 and be nonreimbursable as provided in 43 U.S.C. 377: 

14 Provided, That no part of any other appropriation in this 

15 Act shall be available for activities or functions budgeted 

16 as policy and administration expenses. 

17 ADMINISTRATIVE PROVISION

18 Appropriations for the Bureau of Reclamation shall 

19 be available for purchase of not to exceed seven passenger 

20 motor vehicles, which are for replacement only. 

21 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

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

23 of this Act for Water and Related Resources, or provided 

24 by previous appropriations Acts to the agencies or entities 

25 funded in title II of this Act for Water and Related Re-
22 

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1 sources that remain available for obligation or expenditure 

2 in fiscal year 2010, shall be available for obligation or ex3 penditure through a reprogramming of funds that— 

4 (1) initiates or creates a new program, project, 

5 or activity; 

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

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

8 activity for which funds have been denied or re9 stricted by this Act, unless prior approval is received 

10 from the Committees on Appropriations of the 

11 House of Representatives and the Senate; 

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

13 activity for which funds are not provided in this Act, 

14 unless prior approval is received from the Commit15 tees on Appropriations of the House of Representa16 tives and the Senate; 

17 (5) transfers funds in excess of the following 

18 limits, unless prior approval is received from the 

19 Committees on Appropriations of the House of Rep20 resentatives and the Senate: 

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

22 activity for which $2,000,000 or more is avail23 able at the beginning of the fiscal year; or 
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1 (B) $300,000 for any program, project or 

2 activity for which less than $2,000,000 is avail3 able at the beginning of the fiscal year; 

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

5 the Facilities Operation, Maintenance, and Rehabili6 tation category or the Resources Management and 

7 Development category to any program, project, or 

8 activity in the other category, unless prior approval 

9 is received from the Committees on Appropriations 

10 of the House of Representatives and the Senate; or 

11 (7) transfers, where necessary to discharge legal 

12 obligations of the Bureau of Reclamation, more than 

13 $5,000,000 to provide adequate funds for settled 

14 contractor claims, increased contractor earnings due 

15 to accelerated rates of operations, and real estate de16 ficiency judgments, unless prior approval is received 

17 from the Committees on Appropriations of the 

18 House of Representatives and the Senate. 

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

20 of funds within the Facilities Operation, Maintenance, and 

21 Rehabilitation category. 

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

23 means any movement of funds into or out of a program, 

24 project, or activity. 
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1 (d) The Bureau of Reclamation shall submit reports 

2 on a quarterly basis to the Committees on Appropriations 

3 of the House of Representatives and the Senate detailing 

4 all the funds reprogrammed between programs, projects, 

5 activities, or categories of funding. The first quarterly re6 port shall be submitted not later than 60 days after the 

7 date of enactment of this Act. 

8 SEC. 202. (a) None of the funds appropriated or oth9 erwise made available by this Act may be used to deter10 mine the final point of discharge for the interceptor drain 

11 for the San Luis Unit until development by the Secretary 

12 of the Interior and the State of California of a plan, which 

13 shall conform to the water quality standards of the State 

14 of California as approved by the Administrator of the En15 vironmental Protection Agency, to minimize any detri16 mental effect of the San Luis drainage waters. 

17 (b) The costs of the Kesterson Reservoir Cleanup 

18 Program and the costs of the San Joaquin Valley Drain19 age Program shall be classified by the Secretary of the 

20 Interior as reimbursable or nonreimbursable and collected 

21 until fully repaid pursuant to the ‘‘Cleanup Program-Al22 ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 

23 Repayment Plan’’ described in the report entitled ‘‘Repay24 ment Report, Kesterson Reservoir Cleanup Program and 

25 San Joaquin Valley Drainage Program, February 1995’’, 
25 

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1 prepared by the Department of the Interior, Bureau of 

2 Reclamation. Any future obligations of funds by the 

3 United States relating to, or providing for, drainage serv4 ice or drainage studies for the San Luis Unit shall be fully 

5 reimbursable by San Luis Unit beneficiaries of such serv6 ice or studies pursuant to Federal reclamation law. 

7 SEC. 203. None of the funds appropriated or other8 wise made available by this or any other Act may be used 

9 to pay the salaries and expenses of personnel to purchase 

10 or lease water in the Middle Rio Grande or the Carlsbad 

11 Projects in New Mexico unless said purchase or lease is 

12 in compliance with the purchase requirements of section 

13 202 of Public Law 106–60. 

14 SEC. 204. Funds under this title for Drought Emer15 gency Assistance shall be made available primarily for 

16 leasing of water for specified drought related purposes 

17 from willing lessors, in compliance with existing State laws 

18 and administered under State water priority allocation. 

19 SEC. 205. Section 9 of the Fort Peck Reservation 

20 Rural Water System Act of 2000 (Public Law 106–382; 

21 114 Stat. 1457) is amended by striking ‘‘over a period 

22 of 10 fiscal years’’ each place it appears in subsections 

23 (a)(1) and (b) and inserting ‘‘through fiscal year 2015’’. 
26 

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

2 Development Appropriations Act, 2006 (Public Law 109– 

3 103; 119 Stat. 2268), is amended— 

4 (1) in paragraph (1)— 

5 (A) in the matter preceding subparagraph 

6 (A)— 

7 (i) by striking ‘‘not more than’’; 

8 (ii) by inserting ‘‘or the National Fish 

9 and Wildlife Foundation’’ after ‘‘University 

10 of Nevada’’; and 

11 (iii) by inserting ‘‘The Secretary may 

12 provide funds to the National Fish and 

13 Wildlife Foundation in advance without re14 gard to when expenses are incurred. The 

15 funds shall be subject to the provisions of 

16 the National Fish and Wildlife Foundation 

17 Establishment Act, excluding subsection 

18 (a) of section 10 of the Act (16 U.S.C. 

19 3709(a)).’’ at the end; 

20 (B) in subparagraph (A), by striking ‘‘, 

21 Nevada; and’’ and inserting ‘‘; and’’; 

22 (C) in subparagraph (B), by striking the 

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

24 (D) by adding at the end the following: 
27 

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1 ‘‘(C) to design and implement conservation 

2 and stewardship measures to address impacts 

3 from activities carried out— 

4 ‘‘(i) under subparagraph (A); and 

5 ‘‘(ii) in conjunction with willing land6 owners.’’; and 

7 (2) in paragraph (2), in the matter preceding 

8 subparagraph (A), by striking ‘‘the University’’ and 

9 all that follows through ‘‘beneficial to—’’ and insert10 ing ‘‘the University of Nevada or the National Fish 

11 and Wildlife Foundation shall make acquisitions that 

12 the University or the Foundation determines to be 

13 the most beneficial to—’’. 

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

15 Rural Investment Act of 2002 (43 U.S.C. 2211 note; Pub16 lic Law 107–171) is amended— 

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

18 end; 

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

20 the end and inserting ‘‘; and’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(3) for efforts consistent with researching, 

23 supporting, and conserving fish, wildlife, plant, and 

24 habitat resources in the Walker River Basin.’’. 
28 

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1 SEC. 208. Of the amounts made available under sec2 tion 2507 of the Farm Security and Rural Investment Act 

3 of 2002 (43 U.S.C. 2211 note; Public Law 107–171) (as 

4 amended by section 2807 of the Food, Conservation, and 

5 Energy Act of 2008 (Public Law 110–246; 122 Stat. 

6 1818)), the Secretary of the Interior, acting through the 

7 Commissioner of Reclamation, shall— 

8 (1) provide, in accordance with section 

9 208(a)(1) of the Energy and Water Development 

10 Appropriations Act, 2006 (Public Law 109–103; 

11 119 Stat. 2268), as amended— 

12 (A) $66,200,000 to establish the Walker 

13 Lake Basin Restoration Program for the pri14 mary purpose of restoring and maintaining 

15 Walker Lake, a natural desert terminal lake in 

16 Nevada, consistent with protection of the eco17 logical health of the Walker River and its ripar18 ian and watershed resources. 

19 (B) Funds made available under section 

20 (1)(A) shall be used to support efforts to pre21 serve Walker Lake while protecting agricul22 tural, environmental and habitat interests in 

23 the basin, and be allocated as follows: 

24 (i) $25,000,000 for— 
29 

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1 (I) the implementation of a 

2 three-year water leasing demonstra3 tion program in the Walker River 

4 Basin to increase Walker Lake 

5 inflows; 

6 (II) use in obtaining information 

7 regarding the establishment, budget, 

8 and scope of a longer-term leasing 

9 program; 

10 (ii) $25,000,000 to further the acqui11 sition of water and related interests from 

12 willing sellers authorized by section 

13 208(a)(1)(A) of Public Law 109–103 (119 

14 Stat. 2268), as amended; 

15 (iii) $1,000,000 for activities related 

16 to the exercise of acquired option agree17 ments and implementation of the water 

18 leasing demonstration program, including 

19 but not limited to, the pursuit of change 

20 applications, approvals, and agreements 

21 pertaining to the exercise of water rights 

22 and leases acquired thereunder; 

23 (iv) $10,000,000 for associated Walk24 er Lake Basin conservation and steward25 ship activities, including but not limited to, 
30 

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1 water conservation and management, wa2 tershed planning, land stewardship, habitat 

3 restoration, and the establishment of a 

4 local, nonprofit entity to hold and exercise 

5 water rights acquired by and to achieve the 

6 purposes of the Walker Lake Basin Res7 toration Program; and 

8 (v) $5,000,000 to the University of 

9 Nevada, Reno and the Desert Research In10 stitute 

11 (I) for additional research to sup12 plement the water rights research con13 ducted under section 208(a)(1)(B) of 

14 that Act (Public Law 109–103; 119 

15 Stat. 2268) and 

16 (II) to conduct an annual evalua17 tion of the results of the activities car18 ried out under subsections (i) and (ii) 

19 for the purposes of maximizing water 

20 conveyances to Walker Lake support 

21 and inform the above and related ac22 quisition and stewardship initiatives in 

23 the Walker Lake Basin; and 

24 (vi) $200,000 to support alternative 

25 crops and alternative agricultural coopera-
31 

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1 tives programs in Lyon County, Nevada, 

2 that promote significant water conserva3 tion in the Walker River Basin. 

4 (C) Funds allocated under section (1)(A) 

5 shall be provided to the National Fish and 

6 Wildlife Foundation in advance without regard 

7 to when expenses are incurred and be subject to 

8 the provisions of the National Fish and Wildlife 

9 Foundation Establishment Act, excluding sub10 section (a) of section 10 of the Act (16 U.S.C. 

11 3709(a)). 

12 (2) allocate— 

13 (A) $2,000,000, acting through a nonprofit 

14 conservation organization, acting in consulta15 tion with the Truckee Meadows Water Author16 ity, for— 

17 (i)(I) the acquisition of land sur18 rounding Independence Lake; and 

19 (II) protection of the native fishery 

20 and water quality of Independence Lake, 

21 as determined by the nonprofit conserva22 tion organization; and 

23 (ii) with respect to any amounts in ex24 cess of the amounts required to carry out 
32 

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1 clause (i)(I), stewardship purposes, to re2 main available until expended; 

3 (B) $5,000,000 to provide grants, to be di4 vided equally, to the State of Nevada, the State 

5 of California, the Truckee Meadows Water Au6 thority, the Pyramid Lake Paiute Tribe, and 

7 the Federal Watermaster of the Truckee River 

8 to implement the Truckee River Settlement Act, 

9 Public Law 101–618; and 

10 (C) $1,500,000, to be divided equally by 

11 the City of Fernley, Nevada and the Pyramid 

12 Lake Paiute Tribe, for joint planning and devel13 opment activities for water, wastewater, and 

14 sewer facilities. 

15 SEC. 209. Notwithstanding the provisions of section 

16 11(c) of Public Law 89–108, as amended by section 9 of 

17 Public Law 99–294, the Commissioner is directed to mod18 ify the April 9, 2002, Grant Agreement Between Bureau 

19 of Reclamation and North Dakota Natural Resources 

20 Trust to provide funding for the Trust to continue its in21 vestment program/Agreement No. 02FG601633 to au22 thorize the North Dakota Natural Resources Trust Board 

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

24 allocation received pursuant to section 11(a)(2)(B) of the 

25 Dakota Water Resources Act of 2000 for the purpose of 
33 

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1 operations of the Natural Resource Trust whether such 

2 amounts are principal or received as investment income: 

3 Provided, That operational expenses that may be funded 

4 from the principal allocation shall not exceed 105 percent 

5 of the previous fiscal year’s operating costs: Provided fur6 ther, That the Commissioner of Reclamation is authorized 

7 to include in such modified agreement with the Trust au8 thorized under this section appropriate provisions regard9 ing the repayment of any funds that constitute principal 

10 from the Trust Funds. 

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

12 by striking ‘‘2010’’ wherever it appears and inserting 

13 ‘‘2015’’ in lieu thereof. 

14 TITLE III 

15 DEPARTMENT OF ENERGY 

16 ENERGY PROGRAMS 

17 ENERGY EFFICIENCY AND RENEWABLE ENERGY

18 For Department of Energy expenses including the 

19 purchase, construction, and acquisition of plant and cap20 ital equipment, and other expenses necessary for energy 

21 efficiency and renewable energy activities in carrying out 

22 the purposes of the Department of Energy Organization 

23 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

24 condemnation of any real property or any facility or for 

25 plant or facility acquisition, construction, or expansion, 
34 

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1 $2,233,967,000, to remain available until expended: Pro2 vided, That, of the amount appropriated in this para3 graph, $148,075,000 shall be used for projects specified 

4 in the table that appears under the heading ‘‘Congression5 ally Directed Energy Efficiency and Renewable Energy 

6 Projects’’ in the report of the Committee on Appropria7 tions of the United States Senate to accompany this Act. 

8 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

9 For Department of Energy expenses including the 

10 purchase, construction, and acquisition of plant and cap11 ital equipment, and other expenses necessary for elec12 tricity delivery and energy reliability activities in carrying 

13 out the purposes of the Department of Energy Organiza14 tion Act (42 U.S.C. 7101 et seq.), including the acquisi15 tion or condemnation of any real property or any facility 

16 or for plant or facility acquisition, construction, or expan17 sion, $179,483,000, to remain available until expended: 

18 Provided, That, within the funding available funding the 

19 Secretary shall establish an independent national energy 

20 sector cyber security organization to institute research, de21 velopment and deployment priorities, including policies 

22 and protocol to ensure the effective deployment of tested 

23 and validated technology and software controls to protect 

24 the bulk power electric grid and integration of smart grid 

25 technology to enhance the security of the electricity grid: 
35 

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1 Provided further, That within 60 days of enactment, the 

2 Secretary shall invite applications from qualified entities 

3 for the purpose of forming and governing a national en4 ergy sector cyber organization that have the knowledge 

5 and capacity to focus cyber security research and develop6 ment and to identify and disseminate best practices; orga7 nize the collection, analysis and dissemination of infra8 structure vulnerabilities and threats; work cooperatively 

9 with the Department of Energy and other Federal agen10 cies to identify areas where Federal agencies with jurisdic11 tion may best support efforts to enhance security of the 

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

13 amount appropriated in this paragraph, $6,475,000 shall 

14 be used for projects specified in the table that appears 

15 under the heading ‘‘Congressionally Directed Electricity 

16 Delivery and Energy Reliability Projects’’ in the report of 

17 the Committee on Appropriations of the United States 

18 Senate to accompany this Act. 

19 NUCLEAR ENERGY

20 (INCLUDING TRANSFER OF FUNDS)

21 For Department of Energy expenses including the 

22 purchase, construction, and acquisition of plant and cap23 ital equipment, and other expenses necessary for nuclear 

24 energy activities in carrying out the purposes of the De25 partment of Energy Organization Act (42 U.S.C. 7101 et 
36 

•S 1436 PCS

1 seq.), including the acquisition or condemnation of any 

2 real property or any facility or for plant or facility acquisi3 tion, construction, or expansion, and the purchase of not 

4 to exceed 36 passenger motor vehicles, including one am5 bulance, all for replacement only, $761,274,000, to remain 

6 available until expended: Provided, That, of the amount 

7 appropriated in this paragraph, $2,000,000 shall be used 

8 for projects specified in the table that appears under the 

9 heading ‘‘Congressionally Directed Nuclear Energy 

10 Projects’’ in the report of the Committee on Appropria11 tions of the United States Senate to accompany this Act. 

12 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

13 For necessary expenses in carrying out fossil energy 

14 research and development activities, under the authority 

15 of the Department of Energy Organization Act (Public 

16 Law 95–91), including the acquisition of interest, includ17 ing defeasible and equitable interests in any real property 

18 or any facility or for plant or facility acquisition or expan19 sion, and for conducting inquiries, technological investiga20 tions and research concerning the extraction, processing, 

21 use, and disposal of mineral substances without objection22 able social and environmental costs (30 U.S.C. 3, 1602, 

23 and 1603), $699,200,000, to remain available until ex24 pended: Provided, That for all programs funded under 

25 Fossil Energy appropriations in this Act or any other Act, 
37 

•S 1436 PCS

1 the Secretary may vest fee title or other property interests 

2 acquired under projects in any entity, including the United 

3 States: Provided further, That, of the amount appro4 priated in this paragraph, $27,300,000 shall be used for 

5 projects specified in the table that appears under the head6 ing ‘‘Congressionally Directed Fossil Energy Projects’’ in 

7 the report of the Committee on Appropriations of the 

8 United States Senate to accompany this Act. 

9 NAVAL PETROLEUM AND OIL SHALE RESERVES

10 For expenses necessary to carry out naval petroleum 

11 and oil shale reserve activities, including the hire of pas12 senger motor vehicles, $23,627,000, to remain available 

13 until expended: Provided, That, notwithstanding any other 

14 provision of law, unobligated funds remaining from prior 

15 years shall be available for all naval petroleum and oil 

16 shale reserve activities. 

17 STRATEGIC PETROLEUM RESERVE

18 For necessary expenses for Strategic Petroleum Re19 serve facility development and operations and program 

20 management activities pursuant to the Energy Policy and 

21 Conservation Act of 1975, as amended (42 U.S.C. 6201 

22 et seq.), $259,073,000, to remain available until expended. 

23 NORTHEAST HOME HEATING OIL RESERVE

24 For necessary expenses for Northeast Home Heating 

25 Oil Reserve storage, operation, and management activities 
38 

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1 pursuant to the Energy Policy and Conservation Act, 

2 $11,300,000, to remain available until expended. 

3 ENERGY INFORMATION ADMINISTRATION

4 For necessary expenses in carrying out the activities 

5 of the Energy Information Administration, $110,595,000, 

6 to remain available until expended. 

7 NON-DEFENSE ENVIRONMENTAL CLEANUP

8 For Department of Energy expenses, including the 

9 purchase, construction, and acquisition of plant and cap10 ital equipment and other expenses necessary for non-de11 fense environmental cleanup activities in carrying out the 

12 purposes of the Department of Energy Organization Act 

13 (42 U.S.C. 7101 et seq.), including the acquisition or con14 demnation of any real property or any facility or for plant 

15 or facility acquisition, construction, or expansion, 

16 $259,829,000, to remain available until expended. 

17 URANIUM ENRICHMENT DECONTAMINATION AND

18 DECOMMISSIONING FUND

19 For necessary expenses in carrying out uranium en20 richment facility decontamination and decommissioning, 

21 remedial actions, and other activities of title II of the 

22 Atomic Energy Act of 1954, and title X, subtitle A, of 

23 the Energy Policy Act of 1992, $588,322,000, to be de24 rived from the Uranium Enrichment Decontamination and 
39 

•S 1436 PCS

1 Decommissioning Fund, to remain available until ex2 pended. 

3 SCIENCE

4 For Department of Energy expenses including the 

5 purchase, construction and acquisition of plant and capital 

6 equipment, and other expenses necessary for science ac7 tivities in carrying out the purposes of the Department 

8 of Energy Organization Act (42 U.S.C. 7101 et seq.), in9 cluding the acquisition or condemnation of any real prop10 erty or facility or for plant or facility acquisition, construc11 tion, or expansion, and purchase of not to exceed 50 pas12 senger motor vehicles for replacement only, including one 

13 law enforcement vehicle, two ambulances, and three buses, 

14 $4,898,832,000, to remain available until expended: Pro15 vided, That, of the amount appropriated in this para16 graph, $41,150,000 shall be used for projects specified in 

17 the table that appears under the heading ‘‘Congressionally 

18 Directed Science Projects’’ in the report of the Committee 

19 on Appropriations of the United States Senate to accom20 pany this Act. 

21 NUCLEAR WASTE DISPOSAL

22 For nuclear waste disposal activities to carry out the 

23 purposes of the Nuclear Waste Policy Act of 1982, Public 

24 Law 97–425, as amended (the ‘‘NWPA’’), $98,400,000, 

25 to remain available until expended, and to be derived from 
40 

•S 1436 PCS

1 the Nuclear Waste Fund: Provided, That of the funds 

2 made available in this Act for nuclear waste disposal and 

3 defense nuclear waste disposal activities, 2.54 percent 

4 shall be provided to the Office of the Attorney General 

5 of the State of Nevada solely for expenditures, other than 

6 salaries and expenses of State employees, to conduct sci7 entific oversight responsibilities and participate in licens8 ing activities pursuant to the NWPA: Provided further, 

9 That notwithstanding the lack of a written agreement with 

10 the State of Nevada under section 117(c) of the NWPA, 

11 0.51 percent shall be provided to Nye County, Nevada, 

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

13 NWPA: Provided further, That of the funds made avail14 able in this Act for nuclear waste disposal and defense 

15 nuclear waste disposal activities, 4.57 percent shall be pro16 vided to affected units of local government, as defined in 

17 the NWPA, to conduct appropriate activities and partici18 pate in licensing activities under Section 116(c) of the 

19 NWPA: Provided further, That of the amounts provided 

20 to affected units of local government, 7.5 percent of the 

21 funds provided for the affected units of local government 

22 shall be made available to affected units of local govern23 ment in California with the balance made available to af24 fected units of local government in Nevada for distribution 

25 as determined by the Nevada affected units of local gov-
41 

•S 1436 PCS

1 ernment: Provided further, That of the funds made avail2 able in this Act for nuclear waste disposal and defense 

3 nuclear waste disposal activities, 0.25 percent shall be pro4 vided to the affected Federally-recognized Indian tribes, 

5 as defined in the NWPA, solely for expenditures, other 

6 than salaries and expenses of tribal employees, to conduct 

7 appropriate activities and participate in licensing activities 

8 under section 118(b) of the NWPA: Provided further, That 

9 notwithstanding the provisions of chapters 65 and 75 of 

10 title 31, United States Code, the Department shall have 

11 no monitoring, auditing or other oversight rights or re12 sponsibilities over amounts provided to affected units of 

13 local government: Provided further, That the funds for the 

14 State of Nevada shall be made available solely to the Of15 fice of the Attorney General by direct payment and to 

16 units of local government by direct payment: Provided fur17 ther, That 4.57 percent of the funds made available in this 

18 Act for nuclear waste disposal and defense nuclear waste 

19 disposal activities shall be provided to Nye County, Ne20 vada, as payment equal to taxes under section 116(c)(3) 

21 of the NWPA: Provided further, That within 90 days of 

22 the completion of each Federal fiscal year, the Office of 

23 the Attorney General of the State of Nevada, each affected 

24 Federally-recognized Indian tribe, and each of the affected 

25 units of local government shall provide certification to the 
42 

•S 1436 PCS

1 Department of Energy that all funds expended from such 

2 payments have been expended for activities authorized by 

3 the NWPA and this Act: Provided further, That failure 

4 to provide such certification shall cause such entity to be 

5 prohibited from any further funding provided for similar 

6 activities: Provided further, That none of the funds herein 

7 appropriated may be: (1) used directly or indirectly to in8 fluence legislative action, except for normal and recognized 

9 executive-legislative communications, on any matter pend10 ing before Congress or a State legislature or for lobbying 

11 activity as provided in 18 U.S.C. 1913; (2) used for litiga12 tion expenses; or (3) used to support multi-State efforts 

13 or other coalition building activities inconsistent with the 

14 restrictions contained in this Act: Provided further, That 

15 all proceeds and recoveries realized by the Secretary in 

16 carrying out activities authorized by the NWPA, including 

17 but not limited to, any proceeds from the sale of assets, 

18 shall be available without further appropriation and shall 

19 remain available until expended: Provided further, That no 

20 funds provided in this Act or any previous Act may be 

21 used to pursue repayment or collection of funds provided 

22 in any fiscal year to affected units of local government 

23 for oversight activities that had been previously approved 

24 by the Department of Energy, or to withhold payment of 

25 any such funds. 
43 

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1 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

2 PROGRAM

3 Such sums as are derived from amounts received 

4 from borrowers pursuant to section 1702(b)(2) of the En5 ergy Policy Act of 2005 under this heading in prior Acts, 

6 shall be collected in accordance with section 502(7) of the 

7 Congressional Budget Act of 1974: Provided,, That for 

8 necessary administrative expenses to carry out this Loan 

9 Guarantee program, $43,000,000 is appropriated, to re10 main available until expended: Provided further, That 

11 $43,000,000 of the fees collected pursuant to section 

12 1702(h) of the Energy Policy Act of 2005 shall be credited 

13 as offsetting collections to this account to cover adminis14 trative expenses and shall remain available until expended, 

15 so as to result in a final fiscal year 2010 appropriations 

16 from the general fund estimated at not more than $0. 

17 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

18 LOAN PROGRAM

19 For administrative expenses in carrying out the Ad20 vanced Technology Vehicles Manufacturing Loan Pro21 gram, $20,000,000, to remain available until expended. 

22 DEPARTMENTAL ADMINISTRATION

23 (INCLUDING TRANSFER OF FUNDS)

24 For salaries and expenses of the Department of En25 ergy necessary for Departmental Administration in car-
44 

•S 1436 PCS

1 rying out the purposes of the Department of Energy Orga2 nization Act (42 U.S.C. 7101 et seq.), including the hire 

3 of passenger motor vehicles and official reception and rep4 resentation expenses not to exceed $293,684,000, to re5 main available until expended, plus such additional 

6 amounts as necessary to cover increases in the estimated 

7 amount of cost of work for others notwithstanding the pro8 visions of the Anti-Deficiency Act (31 U.S.C. 1511 et 

9 seq.): Provided, That such increases in cost of work are 

10 offset by revenue increases of the same or greater amount, 

11 to remain available until expended: Provided further, That 

12 moneys received by the Department for miscellaneous rev13 enues estimated to total $119,740,000 in fiscal year 2010 

14 may be retained and used for operating expenses within 

15 this account, and may remain available until expended, as 

16 authorized by section 201 of Public Law 95–238, notwith17 standing the provisions of 31 U.S.C. 3302: Provided fur18 ther, That the sum herein appropriated shall be reduced 

19 by the amount of miscellaneous revenues received during 

20 2010, and any related appropriated receipt account bal21 ances remaining from prior years’ miscellaneous revenues, 

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

23 from the general fund estimated at not more than 

24 $173,944,000. 
45 

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1 OFFICE OF THE INSPECTOR GENERAL

2 For necessary expenses of the Office of the Inspector 

3 General in carrying out the provisions of the Inspector 

4 General Act of 1978, as amended, $51,927,000, to remain 

5 available until expended. 

6 ATOMIC ENERGY DEFENSE ACTIVITIES 

7 NATIONAL NUCLEAR SECURITY 

8 ADMINISTRATION 

9 WEAPONS ACTIVITIES

10 For Department of Energy expenses, including the 

11 purchase, construction, and acquisition of plant and cap12 ital equipment and other incidental expenses necessary for 

13 atomic energy defense weapons activities in carrying out 

14 the purposes of the Department of Energy Organization 

15 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

16 condemnation of any real property or any facility or for 

17 plant or facility acquisition, construction, or expansion, 

18 the purchase of not to exceed one ambulance; 

19 $6,468,267,000, to remain available until expended. 

20 DEFENSE NUCLEAR NONPROLIFERATION

21 For Department of Energy expenses, including the 

22 purchase, construction, and acquisition of plant and cap23 ital equipment and other incidental expenses necessary for 

24 defense nuclear nonproliferation activities, in carrying out 

25 the purposes of the Department of Energy Organization 
46 

•S 1436 PCS

1 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

2 condemnation of any real property or any facility or for 

3 plant or facility acquisition, construction, or expansion, 

4 and the purchase of not to exceed one passenger motor 

5 vehicle for replacement only, $2,136,709,000, to remain 

6 available until expended. 

7 NAVAL REACTORS

8 For Department of Energy expenses necessary for 

9 naval reactors activities to carry out the Department of 

10 Energy Organization Act (42 U.S.C. 7101 et seq.), includ11 ing the acquisition (by purchase, condemnation, construc12 tion, or otherwise) of real property, plant, and capital 

13 equipment, facilities, and facility expansion, 

14 $973,133,000, to remain available until expended. 

15 OFFICE OF THE ADMINISTRATOR

16 For necessary expenses of the Office of the Adminis17 trator in the National Nuclear Security Administration, 

18 including official reception and representation expenses 

19 not to exceed $12,000,$420,754,000, to remain available 

20 until expended. 
47 

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1 ENVIRONMENTAL AND OTHER DEFENSE 

2 ACTIVITIES 

3 DEFENSE ENVIRONMENTAL CLEANUP

4 (INCLUDING TRANSFER OF FUNDS)

5 For Department of Energy expenses, including the 

6 purchase, construction, and acquisition of plant and cap7 ital equipment and other expenses necessary for atomic 

8 energy defense environmental cleanup activities in car9 rying out the purposes of the Department of Energy Orga10 nization Act (42 U.S.C. 7101 et seq.), including the acqui11 sition or condemnation of any real property or any facility 

12 or for plant or facility acquisition, construction, or expan13 sion, and the purchase of not to exceed four ambulances 

14 and three passenger motor vehicles for replacement only, 

15 $5,763,856,000, to remain available until expended, of 

16 which $463,000,000 shall be transferred to the ‘‘Uranium 

17 Enrichment Decontamination and Decommissioning 

18 Fund’’: Provided, That, of the amount appropriated in 

19 this paragraph, $4,000,000 shall be used for projects spec20 ified in the table that appears under the heading ‘‘Con21 gressionally Directed Defense Environmental Cleanup 

22 Projects’’ in the report of the Committee on Appropria23 tions of the United States Senate to accompany this Act. 
48 

•S 1436 PCS

1 OTHER DEFENSE ACTIVITIES

2 For Department of Energy expenses, including the 

3 purchase, construction, and acquisition of plant and cap4 ital equipment and other expenses, necessary for atomic 

5 energy defense, other defense activities, and classified ac6 tivities, in carrying out the purposes of the Department 

7 of Energy Organization Act (42 U.S.C. 7101 et seq.), in8 cluding the acquisition or condemnation of any real prop9 erty or any facility or for plant or facility acquisition, con10 struction, or expansion, and the purchase of not to exceed 

11 12 passenger motor vehicles for replacement only, 

12 $854,468,000, to remain available until expended: Pro13 vided, That of the amount appropriated in this paragraph, 

14 $2,000,000 shall be used for projects specified in the table 

15 that appears under the heading ‘‘Congressionally Directed 

16 Other Defense Activities Projects’’ in the report of the 

17 Committee on Appropriations of the United States Senate 

18 to accompany this Act. 

19 DEFENSE NUCLEAR WASTE DISPOSAL

20 For nuclear waste disposal activities to carry out the 

21 purposes of Public Law 97–425, as amended, including 

22 the acquisition of real property or facility construction or 

23 expansion, $98,400,000, to remain available until ex24 pended. 
49 

•S 1436 PCS

1 POWER MARKETING ADMINISTRATIONS 

2 BONNEVILLE POWER ADMINISTRATION FUND

3 Expenditures from the Bonneville Power Administra4 tion Fund, established pursuant to Public Law 93–454, 

5 are approved for the Leaburg Fish Sorter, the Okanogan 

6 Basin Locally Adapted Steelhead Supplementation Pro7 gram, and the Crystal Springs Hatchery Facilities, and, 

8 in addition, for official reception and representation ex9 penses in an amount not to exceed $1,500. During fiscal 

10 year 2010, no new direct loan obligations may be made. 

11 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

12 ADMINISTRATION

13 For necessary expenses of operation and maintenance 

14 of power transmission facilities and of marketing electric 

15 power and energy, including transmission wheeling and 

16 ancillary services pursuant to section 5 of the Flood Con17 trol Act of 1944 (16 U.S.C. 825s), as applied to the south18 eastern power area, $7,638,000, to remain available until 

19 expended: Provided, That notwithstanding 31 U.S.C. 3302 

20 and section 5 of the Flood Control Act of 1944, up to 

21 $7,638,000 collected by the Southeastern Power Adminis22 tration from the sale of power and related services shall 

23 be credited to this account as discretionary offsetting col24 lections, to remain available until expended for the sole 

25 purpose of funding the annual expenses of the South-
50 

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1 eastern Power Administration: Provided further, That the 

2 sum herein appropriated for annual expenses shall be re3 duced as collections are received during the fiscal year so 

4 as to result in a final fiscal year 2010 appropriation esti5 mated at not more than $0: Provided further, That, not6 withstanding 31 U.S.C. 3302, up to $70,806,000 collected 

7 by the Southeastern Power Administration pursuant to 

8 the Flood Control Act of 1944 to recover purchase power 

9 and wheeling expenses shall be credited to this account 

10 as offsetting collections, to remain available until expended 

11 for the sole purpose of making purchase power and wheel12 ing expenditures: Provided further, That notwithstanding 

13 the provisions of 31 U.S.C. 3302 and section 5 of the 

14 Flood Control Act of 1944, all funds collected by the 

15 Southeastern Power Administration that are applicable to 

16 the repayment of the annual expenses of this account in 

17 this and subsequent fiscal years shall be credited to this 

18 account as discretionary offsetting collections for the sole 

19 purpose of funding such expenses, with such funds re20 maining available until expended: Provided further, That 

21 for purposes of this appropriation, annual expenses means 

22 expenditures that are generally recovered in the same year 

23 that they are incurred (excluding purchase power and 

24 wheeling expenses). 
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1 OPERATION AND MAINTENANCE, SOUTHWESTERN

2 POWER ADMINISTRATION

3 For necessary expenses of operation and maintenance 

4 of power transmission facilities and of marketing electric 

5 power and energy, for construction and acquisition of 

6 transmission lines, substations and appurtenant facilities, 

7 and for administrative expenses, including official recep8 tion and representation expenses in an amount not to ex9 ceed in carrying out section 5 of the Flood Control Act 

10 of 1944 (16 U.S.C. 825s), as applied to the Southwestern 

11 Power Administration, $44,944,000, to remain available 

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

13 3302 and section 5 of the Flood Control Act of 1944 (16 

14 U.S.C. 825s), up to $31,868,000 collected by the South15 western Power Administration from the sale of power and 

16 related services shall be credited to this account as discre17 tionary offsetting collections, to remain available until ex18 pended, for the sole purpose of funding the annual ex19 penses of the Southwestern Power Administration: Pro20 vided further, That the sum herein appropriated for an21 nual expenses shall be reduced as collections are received 

22 during the fiscal year so as to result in a final fiscal year 

23 2010 appropriation estimated at not more than 

24 $13,076,000: Provided further, That, notwithstanding 31 

25 U.S.C. 3302, up to $38,000,000 collected by the South-
52 

•S 1436 PCS

1 western Power Administration pursuant to the Flood Con2 trol Act of 1944 to recover purchase power and wheeling 

3 expenses shall be credited to this account as offsetting col4 lections, to remain available until expended for the sole 

5 purpose of making purchase power and wheeling expendi6 tures: Provided further, That notwithstanding 31 U.S.C. 

7 3302 and section 5 of the Flood Control Act of 1944, all 

8 funds collected by the Southwestern Power Administration 

9 that are applicable to the repayment of the annual ex10 penses of this account in this and subsequent fiscal years 

11 shall be credited to this account as discretionary offsetting 

12 collections for the sole purpose of funding such expenses, 

13 with such funds remaining available until expended: Pro14 vided further, That for purposes of this appropriation, an15 nual expenses means expenditures that are generally re16 covered in the same year that they are incurred (excluding 

17 purchase power and wheeling expenses). 

18 CONSTRUCTION, REHABILITATION, OPERATION AND

19 MAINTENANCE, WESTERN AREA POWER ADMINIS20 TRATION

21 For carrying out the functions authorized by title III, 

22 section 302(a)(1)(E) of the Act of August 4, 1977 (42 

23 U.S.C. 7152), and other related activities including con24 servation and renewable resources programs as author25 ized, including official reception and representation ex-
53 

•S 1436 PCS

1 penses in an amount not to exceed $1,500,000; 

2 $256,711,000 to remain available until expended, of which 

3 $245,216,000 shall be derived from the Department of the 

4 Interior Reclamation Fund: Provided, That notwith5 standing 31 U.S.C. 3302, section 5 of the Flood Control 

6 Act of 1944 (16 U.S.C. 825s), and section 1 of the Inte7 rior Department Appropriation Act, 1939 (43 U.S.C. 

8 392a), up to $147,530,000 collected by the Western Area 

9 Power Administration from the sale of power and related 

10 services shall be credited to this account as discretionary 

11 offsetting collections, to remain available until expended, 

12 for the sole purpose of funding the annual expenses of the 

13 Western Area Power Administration: Provided further, 

14 That the sum herein appropriated for annual expenses 

15 shall be reduced as collections are received during the fis16 cal year so as to result in a final fiscal year 2010 appro17 priation estimated at not more than $109,181,000, of 

18 which $97,686,000 is derived from the Reclamation Fund: 

19 Provided further, That of the amount herein appropriated, 

20 $7,584,000 is for deposit into the Utah Reclamation Miti21 gation and Conservation Account pursuant to title IV of 

22 the Reclamation Projects Authorization and Adjustment 

23 Act of 1992: Provided further, That notwithstanding 31 

24 U.S.C. 3302, up to $349,807,000 collected by the Western 

25 Area Power Administration pursuant to the Flood Control 
54 

•S 1436 PCS

1 Act of 1944 and the Reclamation Project Act of 1939 to 

2 recover purchase power and wheeling expenses shall be 

3 credited to this account as offsetting collections, to remain 

4 available until expended for the sole purpose of making 

5 purchase power and wheeling expenditures: Provided fur6 ther, That of the amount herein appropriated, up to 

7 $18,612,000 is provided on a nonreimbursable basis for 

8 environmental remediation at the Basic Substation site in 

9 Henderson, Nevada: Provided further, That notwith10 standing 31 U.S.C. 3302, section 5 of the Flood Control 

11 Act of 1944 (16 U.S.C. 825s), and section 1 of the Inte12 rior Department Appropriation Act, 1939 (43 U.S.C. 

13 392a), funds collected by the Western Area Power Admin14 istration from the sale of power and related services that 

15 are applicable to the repayment of the annual expenses 

16 of this account in this and subsequent fiscal years shall 

17 be credited to this account as discretionary offsetting col18 lections for the sole purpose of funding such expenses, 

19 with such funds remaining available until expended: Pro20 vided further, That for purposes of this appropriation, an21 nual expenses means expenditures that are generally re22 covered in the same year that they are incurred (excluding 

23 purchase power and wheeling expenses). 
55 

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1 FALCON AND AMISTAD OPERATING AND MAINTENANCE

2 FUND

3 For operation, maintenance, and emergency costs for 

4 the hydroelectric facilities at the Falcon and Amistad 

5 Dams, $2,568,000, to remain available until expended, 

6 and to be derived from the Falcon and Amistad Operating 

7 and Maintenance Fund of the Western Area Power Ad8 ministration, as provided in section 2 of the Act of June 

9 18, 1954 (68 Stat. 255) as amended: Provided, That not10 withstanding the provisions of that Act and of 31 U.S.C. 

11 3302, up to $2,348,000 collected by the Western Area 

12 Power Administration from the sale of power and related 

13 services from the Falcon and Amistad Dams shall be cred14 ited to this account as discretionary offsetting collections, 

15 to remain available until expended for the sole purpose 

16 of funding the annual expenses of the hydroelectric facili17 ties of these Dams and associated Western Area Power 

18 Administration activities: Provided further, That the sum 

19 herein appropriated for annual expenses shall be reduced 

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

21 result in a final fiscal year 2010 appropriation estimated 

22 at not more than $220,000: Provided further, That not23 withstanding the provisions of section 2 of the Act of June 

24 18, 1954 (68 Stat. 255) as amended, and 31 U.S.C. 3302, 

25 all funds collected by the Western Area Power Administra-
56 

•S 1436 PCS

1 tion from the sale of power and related services from the 

2 Falcon and Amistad Dams that are applicable to the re3 payment of the annual expenses of the hydroelectric facili4 ties of these Dams and associated Western Area Power 

5 Administration activities in this and subsequent fiscal 

6 years shall be credited to this account as discretionary off7 setting collections for the sole purpose of funding such ex8 penses, with such funds remaining available until ex9 pended: Provided further, That for purposes of this appro10 priation, annual expenses means expenditures that are 

11 generally recovered in the same year that they are in12 curred. 

13 FEDERAL ENERGY REGULATORY COMMISSION

14 SALARIES AND EXPENSES

15 For necessary expenses of the Federal Energy Regu16 latory Commission to carry out the provisions of the De17 partment of Energy Organization Act (42 U.S.C. 7101 et 

18 seq.), including services as authorized by 5 U.S.C. 3109, 

19 the hire of passenger motor vehicles, and official reception 

20 and representation expenses not to exceed 

21 $3,000,$298,000,000, to remain available until expended: 

22 Provided, That notwithstanding any other provision of 

23 law, not to exceed $298,000,000 of revenues from fees and 

24 annual charges, and other services and collections in fiscal 

25 year 2010 shall be retained and used for necessary ex-
57 

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1 penses in this account, and shall remain available until 

2 expended: Provided further, That the sum herein appro3 priated from the general fund shall be reduced as revenues 

4 are received during fiscal year 2010 so as to result in a 

5 final fiscal year 2010 appropriation from the general fund 

6 estimated at not more than $0. 

7 GENERAL PROVISIONS, DEPARTMENT OF 

8 ENERGY 

9 SEC. 301. None of the funds appropriated by this Act 

10 may be used to prepare or initiate Requests For Proposals 

11 (RFPs) for a program if the program has not been funded 

12 by Congress. 

13 SEC. 302. None of the funds appropriated by this Act 

14 may be used— 

15 (1) to augment the funds made available for ob16 ligation by this Act for severance payments and 

17 other benefits and community assistance grants 

18 under section 4604 of the Atomic Energy Defense 

19 Act (50 U.S.C. 2704) unless the Department of En20 ergy submits a reprogramming request to the appro21 priate congressional committees; or 

22 (2) to provide enhanced severance payments or 

23 other benefits for employees of the Department of 

24 Energy under such section; or 
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1 (3) develop or implement a workforce restruc2 turing plan that covers employees of the Department 

3 of Energy. 

4 SEC. 303. The unexpended balances of prior appro5 priations provided for activities in this Act may be avail6 able to the same appropriation accounts for such activities 

7 established pursuant to this title. Available balances may 

8 be merged with funds in the applicable established ac9 counts and thereafter may be accounted for as one fund 

10 for the same time period as originally enacted. 

11 SEC. 304. None of the funds in this or any other Act 

12 for the Administrator of the Bonneville Power Administra13 tion may be used to enter into any agreement to perform 

14 energy efficiency services outside the legally defined Bon15 neville service territory, with the exception of services pro16 vided internationally, including services provided on a re17 imbursable basis, unless the Administrator certifies in ad18 vance that such services are not available from private sec19 tor businesses. 

20 SEC. 305. When the Department of Energy makes 

21 a user facility available to universities or other potential 

22 users, or seeks input from universities or other potential 

23 users regarding significant characteristics or equipment in 

24 a user facility or a proposed user facility, the Department 

25 shall ensure broad public notice of such availability or 
59 

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1 such need for input to universities and other potential 

2 users. When the Department of Energy considers the par3 ticipation of a university or other potential user as a for4 mal partner in the establishment or operation of a user 

5 facility, the Department shall employ full and open com6 petition in selecting such a partner. For purposes of this 

7 section, the term ‘‘user facility’’ includes, but is not lim8 ited to: (1) a user facility as described in section 

9 2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 

10 13503(a)(2)); (2) a National Nuclear Security Adminis11 tration Defense Programs Technology Deployment Cen12 ter/User Facility; and (3) any other Departmental facility 

13 designated by the Department as a user facility. 

14 SEC. 306. Funds appropriated by this or any other 

15 Act, or made available by the transfer of funds in this 

16 Act, for intelligence activities are deemed to be specifically 

17 authorized by the Congress for purposes of section 504 

18 of the National Security Act of 1947 (50 U.S.C. 414) dur19 ing fiscal year 2010 until the enactment of the Intelligence 

20 Authorization Act for fiscal year 2010. 

21 SEC. 307. Of the funds made available by the Depart22 ment of Energy for activities at Government-owned, con23 tractor-operated laboratories funded in this Act or subse24 quent Energy and Water Development Appropriations 

25 Acts, the Secretary may authorize a specific amount, not 
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1 to exceed 8 percent of such funds, to be used by such lab2 oratories for laboratory directed research and develop3 ment: Provided, That the Secretary may also authorize a 

4 specific amount not to exceed 4 percent of such funds, 

5 to be used by the plant manager of a covered nuclear 

6 weapons production plant or the manager of the Nevada 

7 Site Office for plant or site directed research and develop8 ment. 

9 SEC. 308. Not to exceed 5 per centum, or 

10 $100,000,000, of any appropriation, whichever is less, 

11 made available for Department of Energy activities funded 

12 in this Act or subsequent Energy and Water Development 

13 Appropriations Acts may hereafter be transferred between 

14 such appropriations, but no such appropriation, except as 

15 otherwise provided, shall be increased or decreased by 

16 more than 5 per centum by any such transfers, and re17 quest of such transfers shall be submitted promptly to the 

18 Committees on Appropriations of the House and Senate. 

19 SEC. 309. (a) Subject to subsection (b), no funds ap20 propriated or otherwise made available by this Act or any 

21 other Act may be used to record transactions relating to 

22 the increase in borrowing authority or bonds outstanding 

23 at any time under the Federal Columbia River Trans24 mission System Act (16 U.S.C. 838 et seq.) referred to 

25 in section 401 of division A of the American Recovery and 
61 

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1 Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 

2 140) under a funding account, subaccount, or fund symbol 

3 other than the Bonneville Power Administration Fund 

4 Treasury account fund symbol. 

5 (b) Funds appropriated or otherwise made available 

6 by this Act or any other Act may be used to ensure, for 

7 purposes of meeting any applicable reporting provisions of 

8 the American Recovery and Reinvestment Act of 2009 

9 (Public Law 111–5; 123 Stat. 115), that the Bonneville 

10 Power Administration uses a fund symbol other than the 

11 Bonneville Power Administration Fund Treasury account 

12 fund symbol solely to report accrued expenditures of 

13 projects attributed by the Administrator of the Bonneville 

14 Power Administration to the increased borrowing author15 ity. 

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

17 subsequent fiscal years. 

18 SEC. 310. None of the funds made available by this 

19 Act may be used to make a grant allocation, discretionary 

20 grant award, discretionary contract award, Other Trans21 action Agreement, or to issue a letter of intent totaling 

22 in excess of $1,000,000, or to announce publicly the inten23 tion to make such an award, including a contract covered 

24 by the Federal Acquisition Regulation, unless the Sec25 retary of Energy notifies the Committees on Appropria-
62 

•S 1436 PCS

1 tions of the Senate and the House of Representatives at 

2 least 3 full business days in advance of making such an 

3 award or issuing such a letter: Provided, That if the Sec4 retary of the Department of Energy determines that com5 pliance with this section would pose a substantial risk to 

6 human life, health, or safety, an award may be made with7 out notification and the Committees on Appropriations of 

8 the Senate and the House of Representatives shall be noti9 fied not later than 5 full business days after such an 

10 award is made or letter issued. 

11 SEC. 311. (a) In any fiscal year in which the Sec12 retary of Energy determines that additional funds are 

13 needed to reimburse the costs of defined benefit pension 

14 plans for contractor employees, the Secretary may transfer 

15 not more than 1 percent from each appropriation made 

16 available in this and subsequent Energy and Water Devel17 opment Appropriation Acts to any other appropriation 

18 available to the Secretary in the same Act for such reim19 bursements. 

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

21 benefit pension plans for contractor employees through 

22 charges for the indirect costs of research and activities at 

23 facilities of the Department of Energy, if the indirect costs 

24 attributable to defined benefit pension plan costs in a fis25 cal year are more than charges in fiscal year 2008, the 
63 

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1 Secretary shall carry out a transfer of funds under this 

2 section. 

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

4 Secretary shall use each appropriation made available to 

5 the Department in that fiscal year as a source for the 

6 transfer, and shall reduce each appropriation by an equal 

7 percentage, except that appropriations for which the Sec8 retary determines there exists a need for additional funds 

9 for pension plan costs in that fiscal year, as well as appro10 priations made available for the Power Marketing Admin11 istrations, the title XVII loan guarantee program, and the 

12 Federal Energy Regulatory Commission, shall not be sub13 ject to this requirement. 

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

15 Committees on Appropriations of the House of Represent16 atives and the Senate on the state of defined benefit pen17 sion plan liabilities in the Department for the preceding 

18 year. 

19 (e) This transfer authority does not apply to supple20 mental appropriations, and is in addition to any other 

21 transfer authority provided in this or any other Act. The 

22 authority provided under this section shall expire on Sep23 tember 30, 2015. 
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1 TITLE IV 

2 INDEPENDENT AGENCIES 

3 APPALACHIAN REGIONAL COMMISSION

4 For expenses necessary to carry out the programs au5 thorized by the Appalachian Regional Development Act of 

6 1965, as amended, for necessary expenses for the Federal 

7 Co-Chairman and the Alternate on the Appalachian Re8 gional Commission, for payment of the Federal share of 

9 the administrative expenses of the Commission, including 

10 services as authorized by 5 U.S.C. 3109, and hire of pas11 senger motor vehicles, $76,000,000, to remain available 

12 until expended: Provided, That any congressionally di13 rected spending shall be taken from within that State’s 

14 allocation in the fiscal year in which it is provided. 

15 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

16 SALARIES AND EXPENSES

17 For necessary expenses of the Defense Nuclear Fa18 cilities Safety Board in carrying out activities authorized 

19 by the Atomic Energy Act of 1954, as amended by Public 

20 Law 100–456, section 1441, $26,086,000, to remain 

21 available until expended. 

22 DELTA REGIONAL AUTHORITY

23 SALARIES AND EXPENSES

24 For necessary expenses of the Delta Regional Author25 ity and to carry out its activities, as authorized by the 
65 

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1 Delta Regional Authority Act of 2000, as amended, not2 withstanding sections 382C(b)(2), 382F(d), 382M, and 

3 382N of said Act, $13,000,000, to remain available until 

4 expended. 

5 DENALI COMMISSION

6 For expenses of the Denali Commission including the 

7 purchase, construction, and acquisition of plant and cap8 ital equipment as necessary and other expenses, 

9 $11,965,000, to remain available until expended, notwith10 standing the limitations contained in section 306(g) of the 

11 Denali Commission Act of 1998. 

12 NUCLEAR REGULATORY COMMISSION

13 SALARIES AND EXPENSES

14 For necessary expenses of the Commission in car15 rying out the purposes of the Energy Reorganization Act 

16 of 1974, as amended, and the Atomic Energy Act of 1954, 

17 as amended, including official representation expenses 

18 (not to exceed $25,000), $1,061,000,000, to remain avail19 able until expended: Provided, That of the amount appro20 priated herein, $29,000,000 shall be derived from the Nu21 clear Waste Fund: Provided further, That revenues from 

22 licensing fees, inspection services, and other services and 

23 collections estimated at $902,402,000 in fiscal year 2010 

24 shall be retained and used for necessary salaries and ex25 penses in this account, notwithstanding 31 U.S.C. 3302, 
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1 and shall remain available until expended: Provided fur2 ther, That the sum herein appropriated shall be reduced 

3 by the amount of revenues received during fiscal year 

4 2010 so as to result in a final fiscal year 2010 appropria5 tion estimated at not more than $158,598,000: Provided 

6 further, That of the amounts appropriated, $10,000,000 

7 is provided to support university research and development 

8 in areas relevant to their respective organization’s mission, 

9 and $5,000,000 is to support a Nuclear Science and Engi10 neering Grant Program that will support multiyear 

11 projects that do not align with programmatic missions but 

12 are critical to maintaining the discipline of nuclear science 

13 and engineering. 

14 OFFICE OF INSPECTOR GENERAL

15 For necessary expenses of the Office of Inspector 

16 General in carrying out the provisions of the Inspector 

17 General Act of 1978, as amended, $10,860,000, to remain 

18 available until expended: Provided, That revenues from li19 censing fees, inspection services, and other services and 

20 collections estimated at $9,774,000 in fiscal year 2010 

21 shall be retained and be available until expended, for nec22 essary salaries and expenses in this account, notwith23 standing 31 U.S.C. 3302: Provided further, That the sum 

24 herein appropriated shall be reduced by the amount of rev25 enues received during fiscal year 2010 so as to result in 
67 

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1 a final fiscal year 2010 appropriation estimated at not 

2 more than $1,086,000. 

3 NUCLEAR WASTE TECHNICAL REVIEW BOARD

4 SALARIES AND EXPENSES

5 For necessary expenses of the Nuclear Waste Tech6 nical Review Board, as authorized by Public Law 100– 

7 203, section 5051, $3,891,000, to be derived from the Nu8 clear Waste Fund, and to remain available until expended. 

9 OFFICE OF THE FEDERAL COORDINATOR FOR ALASKA

10 NATURAL GAS TRANSPORTATION PROJECTS

11 For necessary expenses for the Office of the Federal 

12 Coordinator for Alaska Natural Gas Transportation 

13 Projects pursuant to the Alaska Natural Gas Pipeline Act 

14 of 2004, $4,466,000 until expended: Provided, That any 

15 fees, charges, or commissions received pursuant to section 

16 802 of Public Law 110–140 in fiscal year 2010 in excess 

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

18 appropriated in a subsequent Act of Congress. 

19 GENERAL PROVISION

20 SEC. 401. Section 382B of the Delta Regional Au21 thority Act of 2000 is amended by deleting (c)(1) and in22 serting in lieu thereof the following: ‘‘ ‘(1) IN GENERAL— 

23 VOTING.—A decision by the Authority shall require the af24 firmative vote of the Federal cochairperson and a majority 

25 of the State members (not including any member rep-
68 

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1 resenting a State that is delinquent under subsection 

2 (g)(2)(C)) to be effective.’’. 

3 TITLE V 

4 GENERAL PROVISIONS 

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

6 may be used in any way, directly or indirectly, to influence 

7 congressional action on any legislation or appropriation 

8 matters pending before Congress, other than to commu9 nicate to Members of Congress as described in 18 U.S.C. 

10 1913. 

11 SEC. 502. None of the funds made available in this 

12 Act may be transferred to any department, agency, or in13 strumentality of the United States Government, except 

14 pursuant to a transfer made by, or transfer authority pro15 vided in this Act or any other appropriation Act. 

16 This Act may be cited as the ‘‘Energy and Water De17 velopment and Related Agencies Appropriations Act, 

18 2010’’. 

Calendar No. 104 

111TH CONGRESS 

1ST SESSION S. 1436 

[Report No. 111–45] 

A BILL 

Making appropriations for energy and water develposes. ending September 30, 2010, and for other pur- opment and related agencies for the fiscal year 

JULY 9, 2009 

Read twice and placed on the calendar