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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3258 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 876
110th CONGRESS
  2d Session
                                S. 3258

                          [Report No. 110-416]

  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2009, and for other 
                               purposes.

Rule___________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2008

    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, 2009, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2009, for energy and water development and for other 
purposes, namely:

                                TITLE I

                       CORPS OF ENGINEERS--CIVIL

                         Department of the Army

                       corps of engineers--civil

    The following appropriations shall be expended under the direction 
of the Secretary of the Army and the supervision of the Chief of 
Engineers for authorized civil functions of the Department of the Army 
pertaining to rivers and harbors, flood and storm damage reduction, 
shore protection, aquatic ecosystem restoration, and related purposes.

                         general investigations

    For expenses necessary where authorized by law for the collection 
and study of basic information pertaining to river and harbor, flood 
and storm damage reduction, shore protection, aquatic ecosystem 
restoration, and related needs; for surveys and detailed studies, and 
plans and specifications of proposed river and harbor, flood and storm 
damage reduction, shore protection, and aquatic ecosystem restoration 
projects and related efforts prior to construction; for restudy of 
authorized projects owned or operated by the Corps; and for 
miscellaneous investigations and, when authorized by law, surveys and 
detailed studies, and plans and specifications of projects prior to 
construction, $166,000,000, to remain available until expended: 
Provided, That notwithstanding the provisions of section 101 of this 
Act, the amounts made available under this paragraph shall be expended 
as authorized in law for the projects and activities specified in the 
report and direction specified in the text accompanying this Act.

                         construction, general

    For expenses necessary for the construction of river and harbor, 
flood and storm damage reduction, shore protection, aquatic ecosystem 
restoration, and related projects authorized by law, including a 
portion of the expenses for the modifications authorized by section 104 
of the Everglades National Park Protection and Expansion Act of 1989; 
for conducting detailed studies, and plans and specifications, of such 
projects (including those involving participation by States, local 
governments, or private groups) authorized or made eligible for 
selection by law (but such detailed studies, and plans and 
specifications, shall not constitute a commitment of the Government to 
construction); $2,004,500,000, to remain available until expended; of 
which such sums as are necessary to cover the Federal share of 
construction costs for facilities under the Dredged Material Disposal 
Facilities program shall be derived from the Harbor Maintenance Trust 
Fund as authorized by Public Law 104-303; and of which such sums as are 
necessary pursuant to Public Law 99-662 shall be derived from the 
Inland Waterways Trust Fund, to cover one-half of the costs of 
construction, replacement, rehabilitation, and expansion of inland 
waterways projects (including only Chickamauga Lock, Tennessee; 
Kentucky Lock and Dam, Tennessee River, Kentucky; Lock and Dams 2, 3, 
and 4 Monongahela River, Pennsylvania; Marmet Lock and Dam, West 
Virginia; McAlpine Lock and Dam, Kentucky and Indiana; Olmsted Lock and 
Dam, Illinois and Kentucky; Gray's Landing Lock and Dam, Pennsylvania; 
R.C. Byrd Lock and Dam, Ohio and West Virginia; and Point Marion Lock 
and Dam, Pennsylvania) shall be derived from the Inland Waterways Trust 
Fund; and of which $8,000,000 shall be exclusively for projects and 
activities authorized under section 107 of the River and Harbor Act of 
1960; and of which $10,000,000 shall be exclusively for projects and 
activities authorized under section 111 of the River and Harbor Act of 
1968; and of which $7,500,000 shall be exclusively for projects and 
activities authorized under section 103 of the River and Harbor Act of 
1962; and of which $43,123,000 shall be exclusively for projects and 
activities authorized under section 205 of the Flood Control Act of 
1948; and of which $10,000,000 shall be exclusively for projects and 
activities authorized under section 14 of the Flood Control Act of 
1946; and of which $500,000 shall be exclusively for projects and 
activities authorized under section 208 of the Flood Control Act of 
1954; and of which $25,000,000 shall be exclusively for projects and 
activities authorized under section 1135 of the Water Resources 
Development Act of 1986; and of which $25,000,000 shall be exclusively 
for projects and activities authorized under section 206 of the Water 
Resources Development Act of 1996; and of which $7,187,000 shall be 
exclusively for projects and activities authorized under sections 204 
and 207 of the Water Resources Development Act of 1992 and section 933 
of the Water Resources Development Act of 1986: Provided, That the 
Chief of Engineers is directed to use $13,000,000 of the funds 
appropriated herein for the Dallas Floodway Extension, Texas, project, 
including the Cadillac Heights feature, generally in accordance with 
the Chief of Engineers report dated December 7, 1999: Provided further, 
That the Chief of Engineers is directed to use $8,000,000 of the funds 
appropriated herein for planning, engineering, design or construction 
of the Grundy, Buchanan County, and Dickenson County, Virginia, 
elements of the Levisa and Tug Forks of the Big Sandy River and Upper 
Cumberland River Project: Provided further, That the Chief of Engineers 
is directed to use $8,500,000 of the funds appropriated herein to 
continue planning, engineering, design or construction of the Lower 
Mingo County, Upper Mingo County, Wayne County, McDowell County, West 
Virginia, elements of the Levisa and Tug Forks of the Big Sandy River 
and Upper Cumberland River Project: Provided further, That the Chief of 
Engineers is directed to use $17,048,000 of the funds provided herein 
for planning and design and construction of a rural health care 
facility on the Fort Berthold Reservation of the Three Affiliated 
Tribes, North Dakota: Provided further, That notwithstanding the 
provisions of section 101 of this Act, the amounts made available under 
this paragraph shall be expended as authorized in law for the projects 
and activities specified in the report and direction specified in the 
text accompanying this Act.

                   mississippi river and tributaries

    For expenses necessary for flood damage reduction projects and 
related efforts in the Mississippi River alluvial valley below Cape 
Girardeau, Missouri, as authorized by law, $365,000,000, to remain 
available until expended, of which such sums as are necessary to cover 
the Federal share of eligible operation and maintenance costs for 
inland harbors shall be derived from the Harbor Maintenance Trust Fund: 
Provided, That the Chief of Engineers is directed to use $5,000,000 of 
the funds provided herein for design and real estate activities and 
pump supply elements for the Yazoo Basin, Yazoo Backwater Pumping 
Plant, Mississippi: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers is directed to use $9,000,000 
appropriated herein for construction of water withdrawal features of 
the Grand Prairie, Arkansas, project: Provided further, That, except as 
provided in section 101 of this Act exclusively for Mississippi River 
and Tributaries operation and maintenance, the amounts made available 
under this paragraph shall be expended as authorized in law for the 
projects and activities specified in the report and direction specified 
in the text accompanying this Act.

                       operation and maintenance

    For expenses necessary for the operation, maintenance, and care of 
existing river and harbor, flood and storm damage reduction, aquatic 
ecosystem restoration, and related projects authorized by law; 
providing security for infrastructure owned or operated by, or on 
behalf of, the United States Army Corps of Engineers (the ``Corps''), 
including administrative buildings and facilities, and laboratories, 
and the Washington Aqueduct; for the maintenance of; maintaining harbor 
channels provided by a State, municipality, or other public agency that 
serve essential navigation needs of general commerce, where authorized 
by law; surveying and charting northern and northwestern lakes and 
connecting waters; clearing and straightening channels; and removing 
obstructions to navigation, $2,220,000,000, to remain available until 
expended, of which such sums as are necessary to cover the Federal 
share of operation and maintenance costs for coastal harbors and 
channels, and for inland harbors shall be derived from the Harbor 
Maintenance Trust Fund, pursuant to Public Law 99-662 may be derived 
from that fund; of which such sums as become available from the special 
account for the Corps established by the Land and Water Conservation 
Act of 1965, as amended (16 U.S.C. 460l-6a(i)), shall be derived from 
that account for resource protection, research, interpretation, and 
maintenance activities related to resource protection in the areas at 
which outdoor recreation is available; and of which such sums as become 
available from fees collected under section 217 of the Water Resources 
Development Act of 1996, Public Law 104-303, shall be used to cover the 
cost of operation and maintenance of the dredged material disposal 
facilities for which such fees have been collected: Provided, That, 
except as provided in section 101 of this Act, the amounts made 
available under this paragraph shall be expended as authorized in law 
for the projects and activities specified in the report accompanying 
this Act: Provided further, That of the amounts provided herein, not to 
exceed $500,000 is provided to the Secretary of the Army to reimburse 
travel expenses as provided for in section 9003(f) of the Water 
Resources Development Act of 2007, Public Law 110-114 (121 Stat. 1289-
1290).

                           regulatory program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $183,000,000, to remain 
available until expended: Provided, That the Secretary of the Army, 
acting through the Chief of Engineers, may use up to $3,200,000 of the 
funds appropriated herein to reimburse the Port of Arlington, Gillam 
County, Oregon, for those direct construction costs determined by the 
Secretary to have been incurred by the Port as a result of and 
following issuance of the Department of the Army Regulatory Program 
permit for the construction of a commercial dock and offload facility 
at the Port in February 2007, including the removal of the commercial 
dock and offload facility.

            formerly utilized sites remedial action program

    For expenses necessary to clean up contamination from sites in the 
United States resulting from work performed as part of the Nation's 
early atomic energy program, $140,000,000, to remain available until 
expended.

                 flood control and coastal emergencies

    For expenses necessary to prepare for flood, hurricane, and other 
natural disasters and support emergency operations, repairs, and other 
activities in response to such disasters as authorized by law, 
$40,000,000, to remain available until expended.

                            general expenses

    For expenses necessary for the supervision and general 
administration of the civil works program in the headquarters of the 
United States Army Corps of Engineers, and the offices of the Division 
Engineers; and for the management and operation of the Humphreys 
Engineer Center Support Activity, the Institute for Water Resources, 
the United States Army Engineer Research and Development Center, and 
the United States Army Corps of Engineers Finance Center, $177,000,000, 
to remain available until expended, of which not to exceed $5,000 may 
be used for official reception and representation purposes and only 
during the current fiscal year: Provided, That no part of any other 
appropriation provided in title I of this Act shall be available to 
fund the civil works activities of the Office of the Chief of Engineers 
or the civil works executive direction and management activities of the 
division offices.

        office of assistant secretary of the army (civil works)

    For the Office of the Assistant Secretary of the Army (Civil 
Works), $4,500,000, to remain available until expended.

                        administrative provision

    The Revolving Fund, Corps of Engineers, shall be available during 
the current fiscal year for purchase (not to exceed 100 for replacement 
only) and hire of passenger motor vehicles for the civil works program.

             general provisions, corps of engineers--civil

    Sec. 101. None of the funds provided in title I of this Act, or 
provided by previous appropriations Acts to the agencies or entities 
funded in title I of this Act that remain available for obligation or 
expenditure in fiscal year 2009, shall be available for obligation or 
expenditure through a reprogramming of funds that:
            (1) creates or initiates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel for any program, project, 
        or activity for which funds have been denied or restricted by 
        this Act, unless prior approval is received from the House and 
        Senate Committees on Appropriations;
            (4) proposes to use funds directed for a specific program, 
        project, or activity by either the House or the Senate 
        Committees on Appropriations for a different purpose, unless 
        prior approval is received from the House and Senate Committees 
        on Appropriations;
            (5) augments or reduces existing programs, projects, or 
        activities in excess of the amounts contained in subsections 6 
        through 8, unless prior approval is received from the House and 
        Senate Committees on Appropriations;
            (6) Operation and maintenance.--For a base level of 
        $1,000,000, reprogramming of 15 percent of the base amount up 
        to a limit of $5,000,000 per project or activity is allowed: 
        Provided, That for a base level less than $1,000,000, the 
        reprogramming limit is $150,000: Provided further, That 
        $150,000 may be reprogrammed into any ongoing work on a project 
        that did not receive an appropriation: Provided further, That 
        unlimited reprogramming authority is granted to respond to a 
        flood, hurricane, or other natural disaster or to address any 
        imminent risk to the public health and safety from a civil 
        works project owned or operated by the Corps;
            (7) Mississippi river and tributaries.--The same 
        reprogramming guidelines as listed above apply to the Operation 
        and Maintenance portion of the Mississippi River and 
        Tributaries Account; and
            (8) Formerly utilized sites remedial action program.--
        Reprogramming of up to 15 percent of the base of the receiving 
        project is permitted.
    Sec. 102. None of the funds in this Act, or previous Acts, making 
funds available for Energy and Water Development, shall be used to 
implement any pending or future competitive sourcing actions under OMB 
Circular A-76 or High Performing Organizations for the U.S. Army Corps 
of Engineers.
    Sec. 103. None of the funds appropriated in this or any other Act 
shall be used to demonstrate or implement any plans divesting or 
transferring any Civil Works missions, functions, or responsibilities 
of the United States Army Corps of Engineers to other government 
agencies without specific direction in a subsequent Act of Congress.
    Sec. 104. Within 90 days of the date of the Chief of Engineers 
Report on a water resource matter, the Assistant Secretary of the Army 
(Civil Works) shall submit the report to the appropriate authorizing 
and appropriating committees of the Congress.
    Sec. 105. Water Reallocation, Lake Cumberland, Kentucky. (a) In 
General.--Subject to subsection (b), none of the funds made available 
by this Act may be used to carry out any water reallocation project or 
component under the Wolf Creek Project, Lake Cumberland, Kentucky, 
authorized under the Act of June 28, 1938 (52 Stat. 1215, ch. 795) and 
the Act of July 24, 1946 (60 Stat. 636, ch. 595).
    (b) Existing Reallocations.--Subsection (a) shall not apply to any 
water reallocation for Lake Cumberland, Kentucky, that is carried out 
subject to an agreement or payment schedule in effect on the date of 
enactment of this Act.
    Sec. 106. Section 121 of the Energy and Water Development 
Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2256) is 
amended by striking subsection (a) and inserting the following:
    ``(a) Hereafter, the Secretary of the Army may carry out and fund 
planning studies, watershed surveys and assessments, or technical 
studies at 100 percent Federal expense to accomplish the purposes of 
the 2003 Biological Opinion described in section 205(b) of the Energy 
and Water Development Appropriations Act, 2005 (Public Law 108-447; 118 
Stat. 2949) as amended by subsection (b) or any related subsequent 
biological opinion, and the collaborative program long-term plan. In 
carrying out a study, survey, or assessment under this subsection, the 
Secretary of the Army shall consult with Federal, State, tribal and 
local governmental entities, as well as entities participating in the 
Middle Rio Grande Endangered Species Collaborative Program referred to 
in section 205 of this Act: Provided, That the Secretary of the Army 
may also provide planning and administrative assistance to the Middle 
Rio Grande Endangered Species Collaborative Program, which shall not be 
subject to cost sharing requirements with non-Federal interests.''.
    Sec. 107. All budget documents and justification materials for the 
Corps of Engineers annual budget submission to Congress shall be 
assembled and presented based on the most recent annual appropriations 
Act: Provided, That new budget proposals for fiscal year 2009 and 
thereafter, shall not be integrated into the budget justifications 
submitted to Congress but shall be submitted separately from the budget 
justifications documents.
    Sec. 108. The Secretary is authorized to conduct a study of the 
Missouri River Projects located within the Missouri River basin at a 
total cost of $25,000,000 with the express purpose to review the 
original project purposes based on the Flood Control Act of 1944, as 
amended, and other subsequent relevant legislation and judicial rulings 
to determine if changes to the authorized project purposes and existing 
Federal water resource infrastructure may be warranted: Provided, That 
this study shall be undertaken at full Federal expense.
    Sec. 109. There is authorized to be appropriated an additional 
$5,000,000 for the construction of the permanent bridge authorized in 
section 128(a) of Public Law 108-137.
    Sec. 110. Section 101(a)(5) of the Water Resources Development Act 
of 1996 (110 Stat. 3663) is amended--
            (1) by inserting ``(A) In general.--'' before ``The''; and
            (2) by adding at the end the following:
                    ``(B) Credit toward non-federal share.--The 
                Secretary shall credit toward the non-Federal share of 
                the project the costs expended by non-Federal interests 
                for the replacement and reconstruction of the Soquel 
                Avenue Bridge, if the Secretary determines that the 
                work is integral to the project.
                    ``(C) Maximum amount of credit.--The credit under 
                paragraph (B) may not exceed $2,000,000.
                    ``(D) Limitation of total project cost.--The 
                Secretary shall not include the costs to be credited 
                under paragraphs (B) and (C) in total project costs in 
                determining the amounts of the Federal and non-Federal 
                contributions.''.
    Sec. 111. The Missouri River Levee System (MRLS) Unit L-385 
Project, Riverside, Missouri, authorized by the Flood Control Act of 
1941, Public Law 77-228, and the Flood Control Act of 1944, Public Law 
78-534, is modified to direct the Secretary, acting through the Chief 
of Engineers, to take such action as is necessary to correct 
deficiencies in the L-385 levee system in Riverside, Missouri at full 
Federal expense at a cost of no more than $7,000,000.
    Sec. 112. (a) Using funds appropriated in this Act and hereafter, 
the Secretary is directed to complete the selection for any Senior 
Executive Service position within the United States Army Corps of 
Engineers that is vacant as of the date of enactment of this Act no 
later than 90 days after the effective date of this section.
    (b) Using funds appropriated in this Act and hereafter, the 
Secretary shall complete the selection for any vacancy in a Senior 
Executive Service position within the United States Army Corps of 
Engineers that occurs after the date of enactment of this Act no later 
than 90 days after the vacancy occurs.
    (c) If the Secretary cannot complete any selection within the time 
period required by subsections (a) and (b) of this section, the 
Secretary shall report to the Committees on Appropriations of the 
Senate and the House of Representatives on the reasons the selection 
could not be made within the required time period. Any such report 
shall be submitted to the Committees no later than 30 days after the 
date upon which the selection should have been completed, and the 
Secretary shall submit additional reports every 30 days thereafter 
until the selection is made.
    (d) None of the funds appropriated in this Act or any other Act 
heretofore or hereinafter enacted may be used to reduce the total 
number of positions designated as Senior Executive Service positions 
within the United States Army Corps of Engineers below 44.
    Sec. 113. Section 115 of the Energy and Water Development and 
Related Agencies Appropriations Act, 2008 as contained in division C of 
Public Law 110-161, is amended by striking ``$20,000,000. The Secretary 
shall transfer this facility to the Secretary of the Interior for 
operation and maintenance upon the completion of construction.'' and 
inserting in lieu thereof, ``$20,000,000: Provided, That the Secretary 
shall transfer ownership of this facility to the Secretary of Health 
and Human Services for operation and maintenance upon the completion of 
construction.''.
    Sec. 114. None of the funds in this Act, or previous Acts, making 
funds available for Energy and Water Development shall be used to award 
any continuing contract that commits additional funding from the Inland 
Waterway Trust Fund unless or until such time that a permanent solution 
to enhance revenues in the fund is enacted.
    Sec. 115. Section 103(c)(7) of the Water Resources Development Act 
of 1992 (106 Stat. 4811-12), as amended by section 117 of the Energy 
and Water Development Appropriations Act of 2006 (119 Stat. 2255), is 
further amended by striking ``15,000,000'' and inserting 
``26,000,000''.
    Sec. 116. Section 3118 of Public Law 110-114 (121 Stat. 1137) is 
amended by--
            (1) in paragraph (b) by inserting after ``New Mexico'' the 
        following: ``in accordance with the plans recommended in the 
        feasibility report for the Middle Rio Grande Bosque, New 
        Mexico, scheduled for completion in December 2008''.
            (2) redesignating subsection (d) as subsection (e); and
            (3) inserting a new subsection (d):
    ``(d) Cost Sharing.--Any requirement for non-Federal participation 
in a project carried out in the bosque of Bernalillo County, New 
Mexico, pursuant to this section shall be limited to the provision of 
lands, easements, rights-of-way, relocations, and dredged material 
disposal areas necessary for construction, operation and maintenance of 
the project.''.
    Sec. 117. The non-Federal interest for the project referenced in 
section 3154 of the Water Resources Development Act of 2007 (Public Law 
110-114; 121 Stat. 1148) may carry out design and construction work on 
the project in advance of Federal appropriations or may provide funds 
directly to the Secretary for the Secretary to carry out such work. The 
Secretary of the Army shall reimburse the non-Federal interest for any 
costs incurred by the non-Federal interest that are in excess of the 
non-Federal share of total project costs.
    Sec. 118. (a) The non-Federal interest for the project for 
hurricane and storm damage reduction, Morganza to the Gulf of Mexico, 
Louisiana, authorized by section 1001(24) of the Water Resources 
Development Act of 2007 (Public Law 110-114; 121 Stat. 1053) may, using 
its own funds, construct the Houma Navigation Canal lock complex 
feature of the project.
    (b) Costs incurred by the non-Federal interest pursuant to 
subsection (a) of this section may be credited against the non-Federal 
share of the project or reimbursed at the Secretary of the Army's 
discretion, subject to initiation of the construction of the project by 
the Federal Government and subject to a determination by the Secretary 
of the Army that the work completed by the non-Federal interest 
pursuant to subsection (a) is an integral part of the project.
    Sec. 119. The Colorado Department of Natural Resources is 
authorized to perform modifications of the facility (Chatfield 
Reservoir, Colorado), and any required mitigation which results from 
implementation of the project: Provided, That in carrying out the 
reassignment of storage space provided for in this section, the 
Secretary shall collaborate with the Colorado Department of Natural 
Resources and local interests to determine costs to be repaid for 
storage that reflects the limited reliability of the resources and the 
capability of non-Federal interests to make use of the reallocated 
storage space in Chatfield Reservoir, Colorado.
    Sec. 120. The project for flood control, Big Sioux River and Skunk 
Creek, Sioux Falls, South Dakota authorized by section 101(a)(28) of 
the Water Resources Development Act of 1996 (110 Stat. 3666), is 
modified to authorize the Secretary to construct the project at an 
estimated total cost of $51,000,000, with an estimated Federal cost of 
$38,250,000 and an estimated non-Federal cost of $12,750,000.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                central utah project completion account

    For carrying out activities authorized by the Central Utah Project 
Completion Act, $40,360,000, to remain available until expended, of 
which $987,000 shall be deposited into the Utah Reclamation Mitigation 
and Conservation Account for use by the Utah Reclamation Mitigation and 
Conservation Commission.
    For fiscal year 2009, the Commission may use an amount not to 
exceed $1,500,000 for administrative expenses.
    In addition, for necessary expenses incurred in carrying out 
related responsibilities of the Secretary of the Interior, $1,640,000, 
to remain available until expended.

                         Bureau of Reclamation

    The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation:

                      water and related resources

                     (including transfers of funds)

    For management, development, and restoration of water and related 
natural resources and for related activities, including the operation, 
maintenance, and rehabilitation of reclamation and other facilities, 
participation in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and other agreements 
with, State and local governments, federally recognized Indian tribes, 
and others, $927,320,000, to remain available until expended, of which 
$46,655,000 shall be available for transfer to the Upper Colorado River 
Basin Fund and $27,951,000 shall be available for transfer to the Lower 
Colorado River Basin Development Fund; of which such amounts as may be 
necessary may be advanced to the Colorado River Dam Fund; of which not 
more than $500,000 is for high priority projects which shall be carried 
out by the Youth Conservation Corps, as authorized by 16 U.S.C. 1706: 
Provided, That such transfers may be increased or decreased within the 
overall appropriation under this heading: Provided further, That of the 
total appropriated, the amount for program activities that can be 
financed by the Reclamation Fund or the Bureau of Reclamation special 
fee account established by 16 U.S.C. 460l-6a(i) shall be derived from 
that Fund or account: Provided further, That funds contributed under 43 
U.S.C. 395 are available until expended for the purposes for which 
contributed: Provided further, That funds advanced under 43 U.S.C. 397a 
shall be credited to this account and are available until expended for 
the same purposes as the sums appropriated under this heading: Provided 
further, That funds available for expenditure for the Departmental 
Irrigation Drainage Program may be expended by the Bureau of 
Reclamation for site remediation on a nonreimbursable basis: Provided 
further, That funds provided for the Friant-Kern and Madera Canals 
improvements may be expended on a non-reimbursable basis.

                central valley project restoration fund

    For carrying out the programs, projects, plans, habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, $56,079,000, to be derived from such 
sums as may be collected in the Central Valley Project Restoration Fund 
pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of 
Public Law 102-575, to remain available until expended: Provided, That 
the Bureau of Reclamation is directed to assess and collect the full 
amount of the additional mitigation and restoration payments authorized 
by section 3407(d) of Public Law 102-575: Provided further, That none 
of the funds made available under this heading may be used for the 
acquisition or leasing of water for in-stream purposes if the water is 
already committed to in-stream purposes by a court adopted decree or 
order.

                    california bay-delta restoration

                     (including transfer of funds)

    For carrying out activities authorized by the Water Supply, 
Reliability, and Environmental Improvement Act, consistent with plans 
to be approved by the Secretary of the Interior, $42,000,000, to remain 
available until expended, of which such amounts as may be necessary to 
carry out such activities may be transferred to appropriate accounts of 
other participating Federal agencies to carry out authorized purposes: 
Provided, That funds appropriated herein may be used for the Federal 
share of the costs of CALFED Program management: Provided further, That 
the use of any funds provided to the California Bay-Delta Authority for 
program-wide management and oversight activities shall be subject to 
the approval of the Secretary of the Interior: Provided further, That 
CALFED implementation shall be carried out in a balanced manner with 
clear performance measures demonstrating concurrent progress in 
achieving the goals and objectives of the Program.

                       policy and administration

    For necessary expenses of policy, administration, and related 
functions in the office of the Commissioner, the Denver office, and 
offices in the five regions of the Bureau of Reclamation, to remain 
available until expended, $59,400,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: 
Provided, That no part of any other appropriation in this Act shall be 
available for activities or functions budgeted as policy and 
administration expenses.

                       administrative provisions

    Appropriations for the Bureau of Reclamation shall be available for 
purchase of not to exceed seven passenger motor vehicles, which are for 
replacement only.

             General Provisions, Department of the Interior

    Sec. 201. (a) None of the funds appropriated or otherwise made 
available by this Act may be used to determine the final point of 
discharge for the interceptor drain for the San Luis Unit until 
development by the Secretary of the Interior and the State of 
California of a plan, which shall conform to the water quality 
standards of the State of California as approved by the Administrator 
of the Environmental Protection Agency, to minimize any detrimental 
effect of the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program and the 
costs of the San Joaquin Valley Drainage Program shall be classified by 
the Secretary of the Interior as reimbursable or nonreimbursable and 
collected until fully repaid pursuant to the ``Cleanup Program-
Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment 
Plan'' described in the report entitled ``Repayment Report, Kesterson 
Reservoir Cleanup Program and San Joaquin Valley Drainage Program, 
February 1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United States 
relating to, or providing for, drainage service or drainage studies for 
the San Luis Unit shall be fully reimbursable by San Luis Unit 
beneficiaries of such service or studies pursuant to Federal 
reclamation law.
    Sec. 202. None of the funds appropriated or otherwise made 
available by this or any other Act may be used to pay the salaries and 
expenses of personnel to purchase or lease water in the Middle Rio 
Grande or the Carlsbad Projects in New Mexico unless said purchase or 
lease is in compliance with the purchase requirements of section 202 of 
Public Law 106-60.
    Sec. 203. Funds under this title for Drought Emergency Assistance 
shall be made available primarily for leasing of water for specified 
drought related purposes from willing lessors, in compliance with 
existing State laws and administered under State water priority 
allocation.
    Sec. 204. The Secretary of the Interior, acting through the 
Commissioner of the Bureau of Reclamation, is authorized to enter into 
grants, cooperative agreements, and other agreements with irrigation or 
water districts and States to fund up to 50 percent of the cost of 
planning, designing, and constructing improvements that will conserve 
water, increase water use efficiency, or enhance water management 
through measurement or automation, at existing water supply projects 
within the States identified in the Act of June 17, 1902, as amended, 
and supplemented: Provided, That when such improvements are to 
federally owned facilities, such funds may be provided in advance on a 
nonreimbursable basis to an entity operating affected transferred works 
or may be deemed nonreimbursable for nontransferred works: Provided 
further, That the calculation of the non-Federal contribution shall 
provide for consideration of the value of any in-kind contributions, 
but shall not include funds received from other Federal agencies: 
Provided further, That the cost of operating and maintaining such 
improvements shall be the responsibility of the non-Federal entity: 
Provided further, That this section shall not supercede any existing 
project-specific funding authority: Provided further, That the 
Secretary is also authorized to enter into grants or cooperative 
agreements with universities or nonprofit research institutions to fund 
water use efficiency research.
    Sec. 205. (a) Section 209 of the Energy and Water Development 
Appropriations Act, 2004 (Public Law 108-137; 117 Stat. 1850) is 
repealed.
    (b) The Secretary of the Interior (referred to in this section as 
the ``Secretary'') shall establish and maintain an Executive Committee 
of the Middle Rio Grande Endangered Species Collaborative Program 
(referred to in this section as the ``Executive Committee'') consistent 
with the bylaws of the Middle Rio Grande Endangered Species 
Collaborative Program adopted on October 2, 2006.
    (c) Hereafter, in compliance with applicable Federal and State 
laws, the Secretary (acting through the Commissioner of Reclamation), 
in collaboration with the Executive Committee, may enter into any 
grants, contracts, cooperative agreements, interagency agreements, or 
other agreements that the Secretary determines to be necessary to 
comply with the 2003 Biological Opinion described in section 205(b) of 
the Energy and Water Development Appropriations Act, 2005 (Public Law 
108-447; 118 Stat. 2949) as amended by section 121(b) of the Energy and 
Water Development Appropriations Act, 2006 (Public Law 109-103; 119 
Stat. 2256) or any related subsequent biological opinion or in 
furtherance of the objectives set forth in the collaborative program 
long-term plan.
    (d)(1) The acquisition of water under subsection (c) and any 
administrative costs associated with carrying out subsection (c) shall 
be at full Federal expense.
    (2) Not more than 15 percent of amounts appropriated to carry out 
subsection (c) shall be made available for the payment of 
administrative expenses associated with carrying out that subsection.
    (e)(1) The non-Federal share of activities carried out under 
subsection (c) (other than an activity or a cost described in 
subsection (d)(1)) shall be 25 percent. The non-Federal cost share 
shall be determined on a programmatic, rather than a project-by-project 
basis.
    (2) The non-Federal share required under paragraph (1) may be in 
the form of in-kind contributions, the value of which shall be 
determined by the Secretary in consultation with the executive 
committee.
    (f) Nothing in this section modifies or expands the discretion of 
the Secretary with respect to operating reservoir facilities under the 
jurisdiction of the Secretary in the Rio Grande Valley, New Mexico.
    Sec. 206. In carrying out section 2507 of Public Law 107-171, as 
amended by section 2807 of Public Law 110-234, the Secretary of the 
Interior, acting through the Commissioner of Reclamation, shall use 
$5,000,000 to provide grants, to be divided equally, to the State of 
Nevada and the State of California to implement the Truckee River 
Settlement Act, Public Law 101-618.
    Sec. 207. (a) Notwithstanding any other provision of law, of 
amounts made available under section 2507 of the Farm Security and 
Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107-171), 
as amended by section 2807 of Public Law 110-234, the Secretary of the 
Interior acting through the Commissioner of Reclamation, shall use 
$4,000,000 for Silver Lake water transmission improvements.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for energy efficiency and renewable energy 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, and the purchase of 
not to exceed two passenger vehicles for replacement, $1,928,259,000, 
to remain available until expended: Provided, That of the amount 
appropriated in this paragraph, $124,150,000 shall be used for projects 
specified in the table that appears under the heading ``Congressionally 
Directed Energy Efficiency and Renewable Energy Projects'' in the 
report of the Committee on Appropriations of the United States Senate 
to accompany this Act.

              Electricity Delivery and Energy Reliability

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for electricity delivery and energy reliability 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $166,900,000, to 
remain available until expended: Provided, That of the amount 
appropriated in this paragraph, $12,900,000 shall be used for projects 
specified in the table that appears under the heading ``Congressionally 
Directed Electricity Delivery and Energy Reliability Projects'' in the 
report of the Committee on Appropriations of the United States Senate 
to accompany this Act.

                             Nuclear Energy

                     (including transfer of funds)

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for nuclear energy activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 
et seq.), including the acquisition or condemnation of any real 
property or any facility or for plant or facility acquisition, 
construction, or expansion, and the purchase of not to exceed 29 
passenger motor vehicles, including three new buses and 26 replacement 
vehicles, including one ambulance, $803,000,000, to remain available 
until expended: Provided, That of the amount appropriated in this 
paragraph, $3,000,000 shall be used for projects specified in the table 
that appears under the heading ``Congressionally Directed Nuclear 
Energy Projects'' in the report of the Committee on Appropriations of 
the United States Senate to accompany this Act.

                         clean coal technology

                          (transfer of funds)

    Of the funds made available under this heading for obligation in 
prior years, $149,000,000 of uncommitted balances are transferred to 
Fossil Energy Research and Development to be used until expended: 
Provided, That funds made available in previous appropriations Acts 
shall be made available for any ongoing project regardless of the 
separate request for proposal under which the project was selected.

                 Fossil Energy Research and Development

                     (including transfer of funds)

    For necessary expenses in carrying out fossil energy research and 
development activities, under the authority of the Department of Energy 
Organization Act (Public Law 95-91), including the acquisition of 
interest, including defeasible and equitable interests in any real 
property or any facility or for plant or facility acquisition or 
expansion, and for conducting inquiries, technological investigations 
and research concerning the extraction, processing, use, and disposal 
of mineral substances without objectionable social and environmental 
costs (30 U.S.C. 3, 1602, and 1603), $876,730,000, to remain available 
until expended, of which $149,000,000 shall be derived by transfer from 
``Clean Coal Technology'': Provided, That of the amounts provided, 
$232,300,000 is available for the Clean Coal Power Initiative Round III 
solicitation, pursuant to title IV of the Public Law 109-58: Provided 
further, That funds appropriated for prior solicitations under the 
Clean Coal Technology Program, Power Plant Improvement Initiative, 
Clean Coal Power Initiative, and FutureGen, but not required by the 
Department to meet its obligations on projects selected under such 
solicitations, may be utilized for the Clean Coal Power Initiative 
Round III solicitation under this Act in accordance with the 
requirements of this Act rather than the Acts under which the funds 
were appropriated: Provided further, That no Clean Coal Power 
Initiative project may be selected for which full funding is not 
available to provide for the total project: Provided further, That if a 
Clean Coal Power Initiative project selected after enactment of this 
legislation for negotiation under this or any other Act in any fiscal 
year, is not awarded within 2 years from the date the application was 
selected, negotiations shall cease and the Federal funds committed to 
the application shall be retained by the Department for future coal-
related research, development and demonstration projects, except that 
the time limit may be extended at the Secretary's discretion for 
matters outside the control of the applicant, or if the Secretary 
determines that extension of the time limit is in the public interest: 
Provided further, That the Secretary may not delegate this 
responsibility for applications greater than $10,000,000: Provided 
further, That financial assistance for costs in excess of those 
estimated as of the date of award of original Clean Coal Power 
Initiative financial assistance may not be provided in excess of the 
proportion of costs borne by the Government in the original agreement 
and shall be limited to 25 percent of the original financial 
assistance: Provided further, That at least 50 percent cost-sharing 
shall be required in each budget period of a project: Provided further, 
That in accordance with section 988(e) of Public Law 109-58, repayment 
of the DOE contribution to a project shall not be a condition of making 
an award under this solicitation: Provided further, That funds shall be 
expended in accordance with the provisions governing the use of funds 
contained under the heading ``Clean Coal Technology'' in 42 U.S.C. 
5903d as well as those contained under the heading ``Clean Coal 
Technology'' in prior appropriations: Provided further, That any 
technology selected under these programs shall be considered a Clean 
Coal Technology, and any project selected under these programs shall be 
considered a Clean Coal Technology Project, for the purposes of 42 
U.S.C. 7651n, and chapters 51, 52, and 60 of title 40 of the Code of 
Federal Regulations: Provided further, That no part of the sum herein 
made available shall be used for the field testing of nuclear 
explosives in the recovery of oil and gas: Provided further, That in 
this Act and future Acts, up to 4 percent of program direction funds 
available to the National Energy Technology Laboratory may be used to 
support Department of Energy activities not included in this Fossil 
Energy account: Provided further, That in this Act and future Acts, the 
salaries for Federal employees performing research and development 
activities at the National Energy Technology Laboratory can continue to 
be funded from any appropriate DOE program accounts: Provided further, 
That revenues and other moneys received by or for the account of the 
Department of Energy or otherwise generated by sale of products in 
connection with projects of the Department appropriated under the 
Fossil Energy Research and Development account may be retained by the 
Secretary of Energy, to be available until expended, and used only for 
plant construction, operation, costs, and payments to cost-sharing 
entities as provided in appropriate cost-sharing contracts or 
agreements: Provided further, That no funds appropriated for FutureGen 
under prior Acts shall be available to support projects under the 
Department of Energy's competitive, restructured FutureGen 
solicitation: Provided further, That of the amount appropriated in this 
paragraph, $32,700,000 shall be used for projects specified in the 
table that appears under the heading ``Congressionally Directed Fossil 
Energy Projects'' in the report of the Committee on Appropriations of 
the United States Senate to accompany this Act.

                 Naval Petroleum and Oil Shale Reserves

    For expenses necessary to carry out naval petroleum and oil shale 
reserve activities, including the hire of passenger motor vehicles, 
$19,099,000, to remain available until expended: Provided, That, 
notwithstanding any other provision of law, unobligated funds remaining 
from prior years shall be available for all naval petroleum and oil 
shale reserve activities.

                      Strategic Petroleum Reserve

    For necessary expenses for Strategic Petroleum Reserve facility 
development and operations and program management activities pursuant 
to the Energy Policy and Conservation Act of 1975, as amended (42 
U.S.C. 6201 et seq.), $205,000,000, to remain available until expended, 
of which $31,507,000 shall be provided to initiate new site expansion 
activities, beyond land acquisition, consistent with the budget 
request.

                   Northeast Home Heating Oil Reserve

    For necessary expenses for Northeast Home Heating Oil Reserve 
storage, operation, and management activities pursuant to the Energy 
Policy and Conservation Act, $9,800,000, to remain available until 
expended.

                   Energy Information Administration

    For necessary expenses in carrying out the activities of the Energy 
Information Administration, $110,595,000, to remain available until 
expended.

                   Non-Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental cleanup activities in 
carrying out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of 
any real property or any facility or for plant or facility acquisition, 
construction, or expansion, $269,411,000, to remain available until 
expended: Provided, That $12,500,000 is appropriated for environmental 
remediation activities associated with the Energy Technology and 
Engineering Center (ETEC) at the Santa Susana Field Laboratory (SSFL), 
subject to the following: (1) the Department shall use a portion of 
this funding to enter into an interagency agreement with the 
Environmental Protection Agency (EPA) regarding a comprehensive 
radioactive site characterization of Area IV of the SSFL and (2) the 
Department shall provide the amount required by EPA for the radioactive 
site characterization in fiscal year 2009 from within the available 
funds: Provided further, That of the amount appropriated in this 
paragraph, $3,000,000 shall be used for projects specified in the table 
that appears under the heading ``Congressionally Directed Non-Defense 
Environmental Cleanup Projects'' in the report of the Committee on 
Appropriations of the United States Senate to accompany this Act.

      Uranium Enrichment Decontamination and Decommissioning Fund

    For necessary expenses in carrying out uranium enrichment facility 
decontamination and decommissioning, remedial actions, and other 
activities of title II of the Atomic Energy Act of 1954, as amended, 
and title X, subtitle A, of the Energy Policy Act of 1992, 
$515,333,000, to be derived from the Fund, to remain available until 
expended.

                                Science

    For Department of Energy expenses including the purchase, 
construction and acquisition of plant and capital equipment, and other 
expenses necessary for science activities in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not to exceed 49 passenger motor vehicles 
for replacement only, including one law enforcement vehicle, one 
ambulance, and three buses, $4,640,469,000, to remain available until 
expended: Provided, That of the amount appropriated in this paragraph, 
$58,500,000 shall be used for projects specified in the table that 
appears under the heading ``Congressionally Directed Science Projects'' 
in the report of the Committee on Appropriations of the United States 
Senate to accompany this Act.

                         Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
the Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended 
(the ``NWPA''), including the acquisition of real property or facility 
construction or expansion, $195,390,000, to remain available until 
expended, and to be derived from the Nuclear Waste Fund: Provided, That 
of the funds made available in this Act for Nuclear Waste Disposal, 
$5,000,000 shall be provided to the State of Nevada solely for 
expenditures, other than salaries and expenses of State employees, to 
conduct scientific oversight responsibilities and participate in 
licensing activities pursuant to the Act: Provided further, That 
notwithstanding the lack of a written agreement with the State of 
Nevada under section 117(c) of the NWPA, $1,000,000 shall be provided 
to Nye County, Nevada, for on-site oversight activities under section 
117(d) of that Act: Provided further, That $9,000,000 shall be provided 
to affected units of local government, as defined in the NWPA, to 
conduct appropriate activities and participate in licensing activities: 
Provided further, That of the $9,000,000 provided 7.5 percent of the 
funds provided shall be made available to affected units of local 
government in California with the balance made available to affected 
units of local government in Nevada for distribution as determined by 
the Nevada units of local government. This funding shall be provided to 
affected units of local government, as defined in the Act: Provided 
further, That $500,000 shall be provided to the Timbisha-Shoshone Tribe 
solely for expenditures, other than salaries and expenses of tribal 
employees, to conduct appropriate activities and participate in 
licensing activities under section 118(b) of the NWPA. The Committee 
requires the entities to certify that within 90 days of the completion 
of each Federal fiscal year, the Nevada Division of Emergency 
Management and the Governor of the State of Nevada and each of the 
affected units of local government shall provide certification to the 
Department of Energy that all funds expended from such payments have 
been expended for the activities authorized by the Act and this Act: 
Provided further, That notwithstanding the provisions of chapters 65 
and 75 of title 31, United States Code, the Department shall have no 
monitoring, auditing or other oversight rights or responsibilities over 
amounts provided to affected units of local government: Provided 
further, That the funds for the State of Nevada shall be made available 
solely to the Nevada Division of Emergency Management by direct payment 
and to units of local government by direct payment: Provided further, 
That within 90 days of the completion of each Federal fiscal year, the 
Nevada Division of Emergency Management and the Governor of the State 
of Nevada and each of the affected units of local government shall 
provide certification to the Department of Energy that all funds 
expended from such payments have been expended for activities 
authorized by the NWPA and this Act: Provided further, That failure to 
provide such certification shall cause such entity to be prohibited 
from any further funding provided for similar activities: Provided 
further, That none of the funds herein appropriated may be: (1) used 
directly or indirectly to influence legislative action, except for 
normal and recognized executive-legislative communications, on any 
matter pending before Congress or a State legislature or for lobbying 
activity as provided in 18 U.S.C. 1913; (2) used for litigation 
expenses; or (3) used to support multi-State efforts or other coalition 
building activities inconsistent with the restrictions contained in 
this Act: Provided further, That all proceeds and recoveries realized 
by the Secretary in carrying out activities authorized by the NWPA, 
including but not limited to, any proceeds from the sale of assets, 
shall be available without further appropriation and shall remain 
available until expended: Provided further, That no funds provided in 
this Act or any previous Act may be used to pursue repayment or 
collection of funds provided in any fiscal year to affected units of 
local government for oversight activities that had been previously 
approved by the Department of Energy, or to withhold payment of any 
such funds: Provided further, That of the amount appropriated in this 
paragraph, $1,950,000 shall be used for projects specified in the table 
that appears under the heading ``Congressionally Directed Nuclear Waste 
Disposal Projects'' in the report of the Committee on Appropriations of 
the United States Senate to accompany this Act.

         Title 17 Innovative Technology Loan Guarantee Program

    Subject to section 502 of the Congressional Budget Act of 1974, 
commitments to guarantee loans under title XVII of the Energy Policy 
Act of 2005 shall not exceed a total principal amount, any part of 
which is to be guaranteed, of $20,000,000,000 for eligible projects 
(other than nuclear power facilities), and commitments to guarantee 
loans under title XVII shall not exceed a total principal amount, any 
part of which is to be guaranteed, of $18,500,000,000 for eligible 
nuclear power facilities: Provided, That these amounts are in addition 
to the authority provided under section 20320 of division B of Public 
Law 109-289, as amended by Public Law 110-5: Provided further, That 
such sums as are derived from amounts received from borrowers pursuant 
to section 1702(b)(2) of the Energy Policy Act of 2005 under this 
heading in this and prior Acts, shall be collected in accordance with 
section 502(7) of the Congressional Budget Act of 1974: Provided 
further, That the source of such payment received from borrowers is not 
a loan or other debt obligation that is guaranteed by the Federal 
Government: Provided further, That pursuant to section 1702(b)(2) of 
the Energy Policy Act of 2005, no appropriations are available to pay 
the subsidy cost of such guarantees: Provided further, That for 
necessary administrative expenses to carry out this Loan Guarantee 
program, $19,880,000 is appropriated, to remain available until 
expended: Provided further, That $19,880,000 of the fees collected 
pursuant to section 1702(h) of the Energy Policy Act of 2005 shall be 
credited as offsetting collections to this account to cover 
administrative expenses and shall remain available until expended, so 
as to result in a final fiscal year 2009 appropriation from the general 
fund estimated at not more than $0.

                      Departmental Administration

                     (including transfer of funds)

    For salaries and expenses of the Department of Energy necessary for 
departmental administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the hire of passenger motor vehicles and official reception 
and representation expenses not to exceed $30,000, $272,144,000, to 
remain available until expended, plus such additional amounts as 
necessary to cover increases in the estimated amount of cost of work 
for others notwithstanding the provisions of the Anti-Deficiency Act 
(31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work 
are offset by revenue increases of the same or greater amount, to 
remain available until expended: Provided further, That moneys received 
by the Department for miscellaneous revenues estimated to total 
$117,317,000 in fiscal year 2009 may be retained and used for operating 
expenses within this account, and may remain available until expended, 
as authorized by section 201 of Public Law 95-238, notwithstanding the 
provisions of 31 U.S.C. 3302: Provided further, That the sum herein 
appropriated shall be reduced by the amount of miscellaneous revenues 
received during 2009, and any related appropriated receipt account 
balances remaining from prior years' miscellaneous revenues, so as to 
result in a final fiscal year 2009 appropriation from the general fund 
estimated at not more than $154,827,000.

                    Office of the Inspector General

    For necessary expenses of the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $51,927,000, to remain available until expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           Weapons Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, the purchase of not 
to exceed two passenger motor vehicles, and one ambulance; 
$6,524,579,000, to remain available until expended: Provided, That 
$38,583,000 is authorized to be appropriated for Project 06-D-140-05 
(PED) Uranium Processing Facility, Y-12 Plant, Oak Ridge, Tennessee: 
Provided further, That $125,000,000 is authorized to be appropriated 
for 04-D-125 Chemistry and Metallurgy facility replacement project, Los 
Alamos, New Mexico: Provided further, That $35,000,000 is authorized to 
be appropriated for the 09-D-007 LANSCE Refurbishment, PED, Los Alamos 
National Laboratory, Los Alamos, New Mexico: Provided further, That of 
the amount appropriated in this paragraph, $3,500,000 shall be used for 
projects specified in the table that appears under the heading 
``Congressionally Directed Weapons Activities Projects'' in the report 
of the Committee on Appropriations of the United States Senate to 
accompany this Act.

                    Defense Nuclear Nonproliferation

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense, defense 
nuclear nonproliferation activities, in carrying out the purposes of 
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, and the purchase of not to exceed one passenger motor 
vehicle for replacement only; $1,909,056,000, to remain available until 
expended: Provided, That of the funds provided herein, $487,008,000 is 
for Project 99-D-143 Mixed Oxide (MOX) Fuel Fabrication Facility, 
Savannah River Site, South Carolina: Provided further, That the 
Department of Energy adhere strictly to Department of Energy Order 
413.3A for Project 99-D-143.

                             Naval Reactors

    For Department of Energy expenses necessary for naval reactors 
activities to carry out the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition (by purchase, 
condemnation, construction, or otherwise) of real property, plant, and 
capital equipment, facilities, and facility expansion, $828,054,000, to 
remain available until expended.

                      Office of the Administrator

    For necessary expenses of the Office of the Administrator in the 
National Nuclear Security Administration, including official reception 
and representation expenses not to exceed $12,000, $404,081,000, to 
remain available until expended.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

                     (including transfer of funds)

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental cleanup 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, and the purchase of 
not to exceed four ambulances and three passenger motor vehicles for 
replacement only, $5,771,506,000, to remain available until expended, 
of which $463,000,000 shall be transferred to the ``Uranium Enrichment 
Decontamination and Decommissioning Fund'': Provided, That of the 
amount appropriated in this paragraph, $9,000,000 shall be used for 
projects specified in the table that appears under the heading 
``Congressionally Directed Defense Environmental Cleanup Projects'' in 
the report of the Committee on Appropriations of the United States 
Senate to accompany this Act.

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses, necessary for atomic energy defense, other defense 
activities, and classified activities, in carrying out the purposes of 
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, and the purchase of not to exceed 10 passenger motor 
vehicles for replacement only, $827,503,000, to remain available until 
expended: Provided, That of the amount appropriated in this paragraph, 
$1,050,000 shall be used for projects specified in the table that 
appears under the heading ``Congressionally Directed Other Defense 
Activities Projects'' in the report of the Committee on Appropriations 
of the United States Senate to accompany this Act.

                     Defense Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $193,000,000, to remain 
available until expended.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for official 
reception and representation expenses in an amount not to exceed 
$1,500. During fiscal year 2009, no new direct loan obligations may be 
made.

      Operation and Maintenance, Southeastern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, 
including transmission wheeling and ancillary services pursuant to 
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied 
to the southeastern power area, $7,420,000, to remain available until 
expended: Provided, That, notwithstanding 31 U.S.C. 3302, up to 
$49,520,000 collected by the Southeastern Power Administration pursuant 
to the Flood Control Act of 1944 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose of making 
purchase power and wheeling expenditures.

      Operation and Maintenance, Southwestern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, for 
construction and acquisition of transmission lines, substations and 
appurtenant facilities, and for administrative expenses, including 
official reception and representation expenses in an amount not to 
exceed $1,500 in carrying out section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), as applied to the Southwestern Power 
Administration, $28,414,000, to remain available until expended: 
Provided, That, notwithstanding 31 U.S.C. 3302, up to $35,000,000 
collected by the Southwestern Power Administration pursuant to the 
Flood Control Act of 1944 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose of making 
purchase power and wheeling expenditures.

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other 
related activities including conservation and renewable resources 
programs as authorized, including official reception and representation 
expenses in an amount not to exceed $1,500; $218,346,000, to remain 
available until expended, of which $208,642,000 shall be derived from 
the Department of the Interior Reclamation Fund: Provided, That of the 
amount herein appropriated, $7,342,000 is for deposit into the Utah 
Reclamation Mitigation and Conservation Account pursuant to title IV of 
the Reclamation Projects Authorization and Adjustment Act of 1992: 
Provided further, That notwithstanding the provision of 31 U.S.C. 3302, 
up to $403,118,000 collected by the Western Area Power Administration 
pursuant to the Flood Control Act of 1944 and the Reclamation Project 
Act of 1939 to recover purchase power and wheeling expenses shall be 
credited to this account as offsetting collections, to remain available 
until expended for the sole purpose of making purchase power and 
wheeling expenditures.

           Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $2,959,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 423 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995.

                  Federal Energy Regulatory Commission

                         salaries and expenses

    For necessary expenses of the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 
U.S.C. 3109, the hire of passenger motor vehicles, and official 
reception and representation expenses not to exceed $3,000, 
$273,400,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, not to exceed $273,400,000 
of revenues from fees and annual charges, and other services and 
collections in fiscal year 2009 shall be retained and used for 
necessary expenses in this account, and shall remain available until 
expended: Provided further, That the sum herein appropriated from the 
general fund shall be reduced as revenues are received during fiscal 
year 2009 so as to result in a final fiscal year 2009 appropriation 
from the general fund estimated at not more than $0.

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY

    Sec. 301. Downblending Highly Enriched Uranium. The USEC 
Privatization Act (42 U.S.C. 2297h et seq.) is amended--
            (1) in section 3102, by striking ``For purposes'' and 
        inserting ``Except as provided in section 3112A, for 
        purposes''; and
            (2) by inserting after section 3112 the following:

``SEC. 3112A. INCENTIVES FOR ADDITIONAL DOWNBLENDING OF HIGHLY ENRICHED 
              URANIUM BY THE RUSSIAN FEDERATION.

    ``(a) Definitions.--In this section:
            ``(1) Completion of the russian heu agreement.--The term 
        `completion of the Russian HEU Agreement' means the importation 
        into the United States from the Russian Federation pursuant to 
        the Russian HEU Agreement of uranium derived from the 
        downblending of not less than 500 metric tons of highly 
        enriched uranium of weapons origin.
            ``(2) Downblending.--The term `downblending' means 
        processing highly enriched uranium into a uranium product in 
        any form in which the uranium contains less than 20 percent 
        uranium-235.
            ``(3) Highly enriched uranium.--The term `highly enriched 
        uranium' has the meaning given that term in section 3102(4).
            ``(4) Highly enriched uranium of weapons origin.--The term 
        `highly enriched uranium of weapons origin' means highly 
        enriched uranium that--
                    ``(A) contains 90 percent or more uranium-235; and
                    ``(B) is verified by the Secretary of Energy to be 
                of weapons origin.
            ``(5) Low-enriched uranium.--The term `low-enriched 
        uranium' means a uranium product in any form, including uranium 
        hexafluoride (UF<INF>6</INF>) and uranium oxide 
        (UO<INF>2</INF>), in which the uranium contains less than 20 
        percent uranium-235, including natural uranium, without regard 
        to whether the uranium is incorporated into fuel rods or 
        complete fuel assemblies.
            ``(6) Russian heu agreement.--The term `Russian HEU 
        Agreement' has the meaning given that term in section 3102(11).
            ``(7) Uranium-235.--The term `uranium-235' means the 
        isotope \235\U.
    ``(b) Statement of Policy.--It is the policy of the United States 
to support the continued downblending of highly enriched uranium of 
weapons origin in the Russian Federation in order to protect the 
essential security interests of the United States with respect to the 
nonproliferation of nuclear weapons.
    ``(c) Promotion of Downblending of Russian Highly Enriched 
Uranium.--
            ``(1) Completion of the russian heu agreement.--Prior to 
        the completion of the Russian HEU Agreement, the importation 
        into the United States of low-enriched uranium, including low-
        enriched uranium obtained under contracts for separative work 
        units, that is produced in the Russian Federation and is not 
        imported pursuant to the Russian HEU Agreement, may not exceed 
        the following amounts:
                    ``(A) In the 4-year period beginning with calendar 
                year 2008, 16,559 kilograms.
                    ``(B) In calendar year 2012, 24,839 kilograms.
                    ``(C) In calendar year 2013 and each calendar year 
                thereafter through the calendar year of the completion 
                of the Russian HEU Agreement, 41,398 kilograms.
            ``(2) Incentives to continue downblending russian highly 
        enriched uranium after the completion of the russian heu 
        agreement.--
                    ``(A) In general.--After the completion of the 
                Russian HEU Agreement, the importation into the United 
                States of low-enriched uranium, including low-enriched 
                uranium obtained under contracts for separative work 
                units, that is produced in the Russian Federation, 
                whether or not such low-enriched uranium is derived 
                from highly enriched uranium of weapons origin, may not 
                exceed--
                            ``(i) in calendar year 2014, 485,279 
                        kilograms;
                            ``(ii) in calendar year 2015, 455,142 
                        kilograms;
                            ``(iii) in calendar year 2016, 480,146 
                        kilograms;
                            ``(iv) in calendar year 2017, 490,710 
                        kilograms;
                            ``(v) in calendar year 2018, 492,731 
                        kilograms;
                            ``(vi) in calendar year 2019, 509,058 
                        kilograms; and
                            ``(vii) in calendar year 2020, 514,754 
                        kilograms.
                    ``(B) Additional imports in exchange for a 
                commitment to downblend an additional 300 metric tons 
                of highly enriched uranium.--
                            ``(i) In general.--In addition to the 
                        amount authorized to be imported under 
                        subparagraph (A) and except as provided in 
                        clause (ii), if the Russian Federation enters 
                        into a bilateral agreement with the United 
                        States under which the Russian Federation 
                        agrees to downblend an additional 300 metric 
                        tons of highly enriched uranium after the 
                        completion of the Russian HEU Agreement, 4 
                        kilograms of low-enriched uranium, whether or 
                        not such low-enriched uranium is derived from 
                        highly enriched uranium of weapons origin and 
                        including low-enriched uranium obtained under 
                        contracts for separative work units, may be 
                        imported in a calendar year for every 1 
                        kilogram of Russian highly enriched uranium of 
                        weapons origin that was downblended in the 
                        preceding calendar year, subject to the 
                        verification of the Secretary of Energy under 
                        paragraph (9).
                            ``(ii) Maximum annual imports.--Not more 
                        than 120,000 kilograms of low-enriched uranium 
                        may be imported in a calendar year under clause 
                        (i).
            ``(3) Exceptions.--The import limitations described in 
        paragraphs (1) and (2) shall not apply to low-enriched uranium 
        produced in the Russian Federation that is imported into the 
        United States--
                    ``(A) for use in the initial core of a new nuclear 
                reactor;
                    ``(B) for processing and to be certified for re-
                exportation and not for consumption in the United 
                States; or
                    ``(C) to be added to the inventory of the 
                Department of Energy.
            ``(4) Adjustments to import limitations.--
                    ``(A) In general.--The import limitations described 
                in paragraph (2)(A) are based on the reference data in 
                the 2005 Market Report on the Global Nuclear Fuel 
                Market Supply and Demand 2005-2030 of the World Nuclear 
                Association. In each of calendar years 2016 and 2019, 
                the Secretary of Commerce shall review the projected 
                demand for uranium for nuclear reactors in the United 
                States and adjust the import limitations described in 
                paragraph (2)(A) to account for changes in such demand 
                in years after the year in which that report or a 
                subsequent report is published.
                    ``(B) Incentive adjustment.--Beginning in the 
                second calendar year after the calendar year of the 
                completion of the Russian HEU Agreement, the Secretary 
                of Energy shall increase or decrease the amount of low-
                enriched uranium that may be imported in a calendar 
                year under paragraph (2)(B) (including the amount of 
                low-enriched uranium that may be imported for each 
                kilogram of highly enriched uranium downblended under 
                paragraph (2)(B)(i)) by a percentage equal to the 
                percentage increase or decrease, as the case may be, in 
                the average amount of uranium loaded into nuclear power 
                reactors in the United States in the most recent 3-
                calendar-year period for which data are available, as 
                reported by the Energy Information Administration of 
                the Department of Energy, compared to the average 
                amount of uranium loaded into such reactors during the 
                3-calendar-year period beginning on January 1, 2011, as 
                reported by the Energy Information Administration.
                    ``(C) Publication of adjustments.--As soon as 
                practicable, but not later than July 31 of each 
                calendar year, the Secretary of Energy shall publish in 
                the Federal Register the amount of low-enriched uranium 
                that may be imported in the current calendar year after 
                the adjustments under subparagraph (B).
            ``(5) Authority for additional adjustment.--In addition to 
        the adjustment under paragraph (4)(A), the Secretary of 
        Commerce may adjust the import limitations under paragraph 
        (2)(A) for a calendar year if the Secretary--
                    ``(A) in consultation with the Secretary of Energy, 
                determines that the available supply of low-enriched 
                uranium and the available stockpiles of uranium of the 
                Department of Energy are insufficient to meet demand in 
                the United States in the following calendar year; and
                    ``(B) notifies Congress of the adjustment not less 
                than 45 days before making the adjustment.
            ``(6) Equivalent quantities of low-enriched uranium 
        imports.--
                    ``(A) In general.--The import limitations described 
                in paragraphs (1) and (2) are expressed in terms of 
                uranium containing 4.4 percent uranium-235 and a tails 
                assay of 0.3 percent.
                    ``(B) Adjustment for other uranium.--Imports of 
                low-enriched uranium under paragraphs (1) and (2), 
                including low-enriched uranium obtained under contracts 
                for separative work units, shall count against the 
                import limitations described in such paragraphs in 
                amounts calculated as the quantity of low-enriched 
                uranium containing 4.4 percent uranium-235 necessary to 
                equal the total amount of uranium-235 contained in such 
                imports.
            ``(7) Downblending of other highly enriched uranium.--
                    ``(A) In general.--The downblending of highly 
                enriched uranium not of weapons origin may be counted 
                for purposes of paragraph (2)(B), subject to 
                verification under paragraph (9), if the Secretary of 
                Energy determines that the highly enriched uranium to 
                be downblended poses a risk to the national security of 
                the United States.
                    ``(B) Equivalent quantities of highly enriched 
                uranium.--For purposes of determining the additional 
                low-enriched uranium imports allowed under paragraph 
                (2)(B), highly enriched uranium not of weapons origin 
                downblended pursuant to subparagraph (A) shall count as 
                downblended highly enriched uranium of weapons origin 
                in amounts calculated as the quantity of highly 
                enriched uranium containing 90 percent uranium-235 
                necessary to equal the total amount of uranium-235 
                contained in the highly enriched uranium not of weapons 
                origin downblended pursuant to subparagraph (A).
            ``(8) Termination of import restrictions.--The provisions 
        of this subsection shall terminate on December 31, 2020.
            ``(9) Technical verifications by secretary of energy.--
                    ``(A) In general.--The Secretary of Energy shall 
                verify the origin, quantity, and uranium-235 content of 
                the highly enriched uranium downblended for purposes of 
                paragraphs (2)(B) and (7).
                    ``(B) Methods of verification.--In conducting the 
                verification required under subparagraph (A), the 
                Secretary of Energy shall employ the transparency 
                measures and access provisions agreed to under the 
                Russian HEU Agreement for monitoring the downblending 
                of Russian highly enriched uranium of weapons origin 
                and such other methods as the Secretary determines 
                appropriate.
            ``(10) Enforcement of import limitations.--The Secretary of 
        Commerce shall be responsible for enforcing the import 
        limitations imposed under this subsection and shall enforce 
        such import limitations in a manner that imposes a minimal 
        burden on the commercial nuclear industry.
            ``(11) Effect on other agreements.--
                    ``(A) Russian heu agreement.--Nothing in this 
                section shall be construed to modify the terms of the 
                Russian HEU Agreement, including the provisions of the 
                Agreement relating to the amount of low-enriched 
                uranium that may be imported into the United States.
                    ``(B) Other agreements.--If a provision of any 
                agreement between the United States and the Russian 
                Federation, other than the Russian HEU Agreement, 
                relating to the importation of low-enriched uranium, 
                including low-enriched uranium obtained under contracts 
                for separative work units, into the United States 
                conflicts with a provision of this section, the 
                provision of this section shall supersede the provision 
                of the agreement to the extent of the conflict.''.
    Sec. 302. Unfunded Requests for Proposals. None of the funds 
appropriated by this Act may be used to prepare or initiate Requests 
For Proposals (RFPs) for a program if the program has not been funded 
by Congress.
    Sec. 303. Workforce Restructuring. None of the funds appropriated 
by this Act may be used to--
            (1) develop or implement a workforce restructuring plan 
        that covers employees of the Department of Energy; or
            (2) provide enhanced severance payments or other benefits 
        for employees of the Department of Energy, under section 3161 
        of the National Defense Authorization Act for Fiscal Year 1993 
        (Public Law 102-484; 42 U.S.C. 7274h).
    Sec. 304. Section 3161 Assistance. None of the funds appropriated 
by this Act may be used to augment the funds made available for 
obligation by this Act for severance payments and other benefits and 
community assistance grants under section 3161 of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 42 U.S.C. 
7274h) unless the Department of Energy submits a reprogramming request 
to the appropriate congressional committees.
    Sec. 305. Unexpended Balances. The unexpended balances of prior 
appropriations provided for activities in this Act may be available to 
the same appropriation accounts for such activities established 
pursuant to this title. Available balances may be merged with funds in 
the applicable established accounts and thereafter may be accounted for 
as one fund for the same time period as originally enacted.
    Sec. 306. Bonneville Power Authority Service Territory. None of the 
funds in this or any other Act for the Administrator of the Bonneville 
Power Administration may be used to enter into any agreement to perform 
energy efficiency services outside the legally defined Bonneville 
service territory, with the exception of services provided 
internationally, including services provided on a reimbursable basis, 
unless the Administrator certifies in advance that such services are 
not available from private sector businesses.
    Sec. 307. User Facilities. When the Department of Energy makes a 
user facility available to universities or other potential users, or 
seeks input from universities or other potential users regarding 
significant characteristics or equipment in a user facility or a 
proposed user facility, the Department shall ensure broad public notice 
of such availability or such need for input to universities and other 
potential users. When the Department of Energy considers the 
participation of a university or other potential user as a formal 
partner in the establishment or operation of a user facility, the 
Department shall employ full and open competition in selecting such a 
partner. For purposes of this section, the term ``user facility'' 
includes, but is not limited to: (1) a user facility as described in 
section 2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 
13503(a)(2)); (2) a National Nuclear Security Administration Defense 
Programs Technology Deployment Center/User Facility; and (3) any other 
Departmental facility designated by the Department as a user facility.
    Sec. 308. Intelligence Activities. Funds appropriated by this or 
any other Act, or made available by the transfer of funds in this Act, 
for intelligence activities are deemed to be specifically authorized by 
the Congress for purposes of section 504 of the National Security Act 
of 1947 (50 U.S.C. 414) during fiscal year 2009 until the enactment of 
the Intelligence Authorization Act for fiscal year 2009.
    Sec. 309. Laboratory Directed Research and Development. Of the 
funds made available by the Department of Energy for activities at 
government-owned, contractor-operator operated laboratories funded in 
this Act or subsequent Energy and Water Development Appropriations 
Acts, the Secretary may authorize a specific amount, not to exceed 10 
percent of such funds, to be used by such laboratories for laboratory-
directed research and development: Provided, That the Secretary may 
also authorize a specific amount not to exceed 6 percent of such funds, 
to be used by the plant manager of a covered nuclear weapons production 
plant or the manager of the Nevada Site Office for plant or site-
directed research and development: Provided further, That 
notwithstanding Department of Energy order 413.2A, dated January 8, 
2001, beginning in fiscal year 2006 and thereafter, all DOE 
laboratories may be eligible for laboratory directed research and 
development funding.
    Sec. 310. Not to exceed 5 percent of any appropriation made 
available for Department of Energy activities funded in this Act or 
subsequent Energy and Water Development Appropriations Acts may be 
transferred between such appropriations, but no such appropriation, 
except as otherwise provided, shall be increased or decreased by more 
than 5 percent by any such transfers, and notification of such 
transfers shall be submitted promptly to the Committees on 
Appropriations of the House and Senate.
    Sec. 311. General Plant Projects. Plant or construction projects 
for which amounts are made available under this and subsequent 
appropriation Acts with a current estimated cost of less than 
$10,000,000 are considered for purposes of section 4703 of Public Law 
107-314 as a plant project for which the approved total estimated cost 
does not exceed the minor construction threshold and for purposes of 
section 4704 of Public Law 107-314 as a construction project with a 
current estimated cost of less than a minor construction threshold.
    Sec. 312. Reno Hydrogen Fuel Project. (a) The non-Federal share of 
project costs shall be 20 percent.
    (b) The cost of project vehicles, related facilities, and other 
activities funded from the Federal Transit Administration sections 
5307, 5308, 5309, and 5314 program, including the non-Federal share for 
the FTA funds, is an eligible component of the non-Federal share for 
this project.
    (c) Contribution of the non-Federal share of project costs for all 
grants made for this project may be deferred until the entire project 
is completed.
    (d) All operations and maintenance costs associated with vehicles, 
equipment, and facilities utilized for this project are eligible 
project costs.
    (e) This section applies to project appropriations beginning in 
fiscal year 2004.
    Sec. 313. Integrated University Program. (a) The Secretary of 
Energy, along with the Administrator of the National Nuclear Security 
Administration and the Chairman of the Nuclear Regulatory Commission, 
shall establish an Integrated University Program.
    (b) For the purposes of carrying out this section, $45,000,000 is 
authorized to be appropriated in each of fiscal years 2009 to 2019 as 
follows:
            (1) $15,000,000 for the Department of Energy;
            (2) $15,000,000 for the Nuclear Regulatory Commission; and
            (3) $15,000,000 for the National Nuclear Security 
        Administration.
    (c) Of the amounts authorized to carry out this section, 
$10,000,000 shall be used by each organization to support university 
research and development in areas relevant to their respective 
organization's mission, and $5,000,000 shall be used by each 
organization to support a jointly implemented Nuclear Science and 
Engineering Grant Program that will support multiyear research projects 
that do not align with programmatic missions but are critical to 
maintaining the discipline of nuclear science and engineering.
    Sec. 314. Naming Laboratory Facilities. Facilities at Sandia 
National Laboratories and Los Alamos National Laboratory, New Mexico, 
shall be named in honor of Senator Pete V. Domenici in recognition of 
his exceptional service in the national interest and his steadfast 
support of scientific excellence at our national laboratories.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized by the 
Appalachian Regional Development Act of 1965, as amended, not 
withstanding 40 U.S.C. 14704, and, for necessary expenses for the 
Federal Co-Chairman and the Alternate on the Appalachian Regional 
Commission, for payment of the Federal share of the administrative 
expenses of the Commission, including services as authorized by 5 
U.S.C. 3109, and hire of passenger motor vehicles, $85,000,000, to 
remain available until expended: Provided, That any congressionally 
directed spending shall be taken from within that State's allocation in 
the fiscal year in which it is provided.

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

    For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, as amended by Public Law 100-456, section 1441, $25,499,000, to 
remain available until expended.

                        Delta Regional Authority

                         salaries and expenses

    For necessary expenses of the Delta Regional Authority and to carry 
out its activities, as authorized by the Delta Regional Authority Act 
of 2000, as amended, notwithstanding sections 382C(b)(2), 382F(d), 
382M, and 382N of said Act, $20,000,000, to remain available until 
expended.

                           Denali Commission

    For expenses of the Denali Commission including the purchase, 
construction, and acquisition of plant and capital equipment as 
necessary and other expenses, $21,800,000, to remain available until 
expended, notwithstanding the limitations contained in section 306(g) 
of the Denali Commission Act of 1998.

                     Nuclear Regulatory Commission

                         salaries and expenses

    For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974, as amended, and the 
Atomic Energy Act of 1954, as amended, including official 
representation expenses (not to exceed $25,000), $1,022,956,000, to 
remain available until expended: Provided, That of the amount 
appropriated herein, $37,300,000 shall be derived from the Nuclear 
Waste Fund: Provided further, That revenues from licensing fees, 
inspection services, and other services and collections estimated at 
$860,857,000 in fiscal year 2009 shall be retained and used for 
necessary salaries and expenses in this account, notwithstanding 31 
U.S.C. 3302, and shall remain available until expended: Provided 
further, That the sum herein appropriated shall be reduced by the 
amount of revenues received during fiscal year 2009 so as to result in 
a final fiscal year 2009 appropriation estimated at not more than 
$162,099,000: Provided further, That such funds as are made available 
for necessary expenses of the Commission by this Act or any other Act 
may be used for the acquisition and lease of additional office space 
provided by the General Services Administration for personnel of the 
U.S. Nuclear Regulatory Commission as close as reasonably possible to 
the Commission's headquarters location in Rockville, Maryland, and of 
such square footage and for such lease term, as are determined by the 
Commission to be necessary to maintain the agency's regulatory 
effectiveness, efficiency, and emergency response capability: Provided 
further, That notwithstanding any other provision of law or any 
prevailing practice, the acquisition and lease of space for such 
purpose shall, to the extent necessary to obtain the space, be based on 
the prevailing rates in the immediate vicinity of the Commission's 
headquarters.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $9,344,000, to remain available until expended: Provided, That 
revenues from licensing fees, inspection services, and other services 
and collections estimated at $8,410,000 in fiscal year 2009 shall be 
retained and be available until expended, for necessary salaries and 
expenses in this account, notwithstanding 31 U.S.C. 3302: Provided 
further, That the sum herein appropriated shall be reduced by the 
amount of revenues received during fiscal year 2009 so as to result in 
a final fiscal year 2009 appropriation estimated at not more than 
$934,000.

                  Nuclear Waste Technical Review Board

                         salaries and expenses

    For necessary expenses of the Nuclear Waste Technical Review Board, 
as authorized by Public Law 100-203, section 5051, $3,811,000, to be 
derived from the Nuclear Waste Fund, and to remain available until 
expended.

Office of the Federal Coordinator for Alaska Natural Gas Transportation 
                                Projects

    For necessary expenses for the Office of the Federal Coordinator 
for Alaska Natural Gas Transportation Projects pursuant to the Alaska 
Natural Gas Pipeline Act of 2004, $4,400,000: Provided, That any fees, 
charges, or commissions received pursuant to section 802 of Public Law 
110-140 in fiscal year 2009 in excess of $4,660,000 shall not be 
available for obligation until appropriated in a subsequent Act of 
Congress.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501. None of the funds appropriated by this Act may be used in 
any way, directly or indirectly, to influence congressional action on 
any legislation or appropriation matters pending before Congress, other 
than to communicate to Members of Congress as described in 18 U.S.C. 
1913.
    Sec. 502. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in this Act or any other appropriation Act.
    This Act may be cited as the ``Energy and Water Development and 
Related Agencies Appropriations Act, 2009''.

                                                       Calendar No. 876

110th CONGRESS

  2d Session

                                S. 3258

                          [Report No. 110-416]

_______________________________________________________________________

                                 A BILL

  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2009, and for other 
                               purposes.

_______________________________________________________________________

                             July 14, 2008

                 Read twice and placed on the calendar
```