II 

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. 

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. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2009, for energy and 

6 water development and for other purposes, namely: 
2 

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1 TITLE I 

2 CORPS OF ENGINEERS—CIVIL 

3 DEPARTMENT OF THE ARMY

4 CORPS OF ENGINEERS—CIVIL

5 The following appropriations shall be expended under 

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

9 and harbors, flood and storm damage reduction, shore 

10 protection, aquatic ecosystem restoration, and related pur11 poses. 

12 GENERAL INVESTIGATIONS

13 For expenses necessary where authorized by law for 

14 the collection and study of basic information pertaining 

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

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

18 and specifications of proposed river and harbor, flood and 

19 storm damage reduction, shore protection, and aquatic 

20 ecosystem restoration projects and related efforts prior to 

21 construction; for restudy of authorized projects owned or 

22 operated by the Corps; and for miscellaneous investiga23 tions and, when authorized by law, surveys and detailed 

24 studies, and plans and specifications of projects prior to 

25 construction, $166,000,000, to remain available until ex26 pended: Provided, That notwithstanding the provisions of 
3 

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1 section 101 of this Act, the amounts made available under 

2 this paragraph shall be expended as authorized in law for 

3 the projects and activities specified in the report and direc4 tion specified in the text accompanying this Act. 

5 CONSTRUCTION, GENERAL

6 For expenses necessary for the construction of river 

7 and harbor, flood and storm damage reduction, shore pro8 tection, aquatic ecosystem restoration, and related 

9 projects authorized by law, including a portion of the ex10 penses for the modifications authorized by section 104 of 

11 the Everglades National Park Protection and Expansion 

12 Act of 1989; for conducting detailed studies, and plans 

13 and specifications, of such projects (including those involv14 ing participation by States, local governments, or private 

15 groups) authorized or made eligible for selection by law 

16 (but such detailed studies, and plans and specifications, 

17 shall not constitute a commitment of the Government to 

18 construction); $2,004,500,000, to remain available until 

19 expended; of which such sums as are necessary to cover 

20 the Federal share of construction costs for facilities under 

21 the Dredged Material Disposal Facilities program shall be 

22 derived from the Harbor Maintenance Trust Fund as au23 thorized by Public Law 104–303; and of which such sums 

24 as are necessary pursuant to Public Law 99–662 shall be 

25 derived from the Inland Waterways Trust Fund, to cover 

26 one-half of the costs of construction, replacement, rehabili-
4 

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1 tation, and expansion of inland waterways projects (in2 cluding only Chickamauga Lock, Tennessee; Kentucky 

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

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

5 Marmet Lock and Dam, West Virginia; McAlpine Lock 

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

7 Illinois and Kentucky; Gray’s Landing Lock and Dam, 

8 Pennsylvania; R.C. Byrd Lock and Dam, Ohio and West 

9 Virginia; and Point Marion Lock and Dam, Pennsylvania) 

10 shall be derived from the Inland Waterways Trust Fund; 

11 and of which $8,000,000 shall be exclusively for projects 

12 and activities authorized under section 107 of the River 

13 and Harbor Act of 1960; and of which $10,000,000 shall 

14 be exclusively for projects and activities authorized under 

15 section 111 of the River and Harbor Act of 1968; and 

16 of which $7,500,000 shall be exclusively for projects and 

17 activities authorized under section 103 of the River and 

18 Harbor Act of 1962; and of which $43,123,000 shall be 

19 exclusively for projects and activities authorized under sec20 tion 205 of the Flood Control Act of 1948; and of which 

21 $10,000,000 shall be exclusively for projects and activities 

22 authorized under section 14 of the Flood Control Act of 

23 1946; and of which $500,000 shall be exclusively for 

24 projects and activities authorized under section 208 of the 

25 Flood Control Act of 1954; and of which $25,000,000 
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1 shall be exclusively for projects and activities authorized 

2 under section 1135 of the Water Resources Development 

3 Act of 1986; and of which $25,000,000 shall be exclusively 

4 for projects and activities authorized under section 206 

5 of the Water Resources Development Act of 1996; and of 

6 which $7,187,000 shall be exclusively for projects and ac7 tivities authorized under sections 204 and 207 of the 

8 Water Resources Development Act of 1992 and section 

9 933 of the Water Resources Development Act of 1986: 

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

11 $13,000,000 of the funds appropriated herein for the Dal12 las Floodway Extension, Texas, project, including the 

13 Cadillac Heights feature, generally in accordance with the 

14 Chief of Engineers report dated December 7, 1999: Pro15 vided further, That the Chief of Engineers is directed to 

16 use $8,000,000 of the funds appropriated herein for plan17 ning, engineering, design or construction of the Grundy, 

18 Buchanan County, and Dickenson County, Virginia, ele19 ments of the Levisa and Tug Forks of the Big Sandy 

20 River and Upper Cumberland River Project: Provided fur21 ther, That the Chief of Engineers is directed to use 

22 $8,500,000 of the funds appropriated herein to continue 

23 planning, engineering, design or construction of the Lower 

24 Mingo County, Upper Mingo County, Wayne County, 

25 McDowell County, West Virginia, elements of the Levisa 
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1 and Tug Forks of the Big Sandy River and Upper Cum2 berland River Project: Provided further, That the Chief of 

3 Engineers is directed to use $17,048,000 of the funds pro4 vided herein for planning and design and construction of 

5 a rural health care facility on the Fort Berthold Reserva6 tion of the Three Affiliated Tribes, North Dakota: Pro7 vided further, That notwithstanding the provisions of sec8 tion 101 of this Act, the amounts made available under 

9 this paragraph shall be expended as authorized in law for 

10 the projects and activities specified in the report and direc11 tion specified in the text accompanying this Act. 

12 MISSISSIPPI RIVER AND TRIBUTARIES

13 For expenses necessary for flood damage reduction 

14 projects and related efforts in the Mississippi River allu15 vial valley below Cape Girardeau, Missouri, as authorized 

16 by law, $365,000,000, to remain available until expended, 

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

18 share of eligible operation and maintenance costs for in19 land harbors shall be derived from the Harbor Mainte20 nance Trust Fund: Provided, That the Chief of Engineers 

21 is directed to use $5,000,000 of the funds provided herein 

22 for design and real estate activities and pump supply ele23 ments for the Yazoo Basin, Yazoo Backwater Pumping 

24 Plant, Mississippi: Provided further, That the Secretary of 

25 the Army, acting through the Chief of Engineers is di26 rected to use $9,000,000 appropriated herein for construc-
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1 tion of water withdrawal features of the Grand Prairie, 

2 Arkansas, project: Provided further, That, except as pro3 vided in section 101 of this Act exclusively for Mississippi 

4 River and Tributaries operation and maintenance, the 

5 amounts made available under this paragraph shall be ex6 pended as authorized in law for the projects and activities 

7 specified in the report and direction specified in the text 

8 accompanying this Act. 

9 OPERATION AND MAINTENANCE

10 For expenses necessary for the operation, mainte11 nance, and care of existing river and harbor, flood and 

12 storm damage reduction, aquatic ecosystem restoration, 

13 and related projects authorized by law; providing security 

14 for infrastructure owned or operated by, or on behalf of, 

15 the United States Army Corps of Engineers (the 

16 ‘‘Corps’’), including administrative buildings and facilities, 

17 and laboratories, and the Washington Aqueduct; for the 

18 maintenance of; maintaining harbor channels provided by 

19 a State, municipality, or other public agency that serve 

20 essential navigation needs of general commerce, where au21 thorized by law; surveying and charting northern and 

22 northwestern lakes and connecting waters; clearing and 

23 straightening channels; and removing obstructions to navi24 gation, $2,220,000,000, to remain available until ex25 pended, of which such sums as are necessary to cover the 

26 Federal share of operation and maintenance costs for 
8 

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1 coastal harbors and channels, and for inland harbors shall 

2 be derived from the Harbor Maintenance Trust Fund, 

3 pursuant to Public Law 99–662 may be derived from that 

4 fund; of which such sums as become available from the 

5 special account for the Corps established by the Land and 

6 Water Conservation Act of 1965, as amended (16 U.S.C. 

7 460l–6a(i)), shall be derived from that account for re8 source protection, research, interpretation, and mainte9 nance activities related to resource protection in the areas 

10 at which outdoor recreation is available; and of which such 

11 sums as become available from fees collected under section 

12 217 of the Water Resources Development Act of 1996, 

13 Public Law 104–303, shall be used to cover the cost of 

14 operation and maintenance of the dredged material dis15 posal facilities for which such fees have been collected: 

16 Provided, That, except as provided in section 101 of this 

17 Act, the amounts made available under this paragraph 

18 shall be expended as authorized in law for the projects 

19 and activities specified in the report accompanying this 

20 Act: Provided further, That of the amounts provided here21 in, not to exceed $500,000 is provided to the Secretary 

22 of the Army to reimburse travel expenses as provided for 

23 in section 9003(f) of the Water Resources Development 

24 Act of 2007, Public Law 110–114 (121 Stat. 1289–1290). 
9 

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1 REGULATORY PROGRAM

2 For expenses necessary for administration of laws 

3 pertaining to regulation of navigable waters and wetlands, 

4 $183,000,000, to remain available until expended: Pro5 vided, That the Secretary of the Army, acting through the 

6 Chief of Engineers, may use up to $3,200,000 of the funds 

7 appropriated herein to reimburse the Port of Arlington, 

8 Gillam County, Oregon, for those direct construction costs 

9 determined by the Secretary to have been incurred by the 

10 Port as a result of and following issuance of the Depart11 ment of the Army Regulatory Program permit for the con12 struction of a commercial dock and offload facility at the 

13 Port in February 2007, including the removal of the com14 mercial dock and offload facility. 

15 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

16 For expenses necessary to clean up contamination 

17 from sites in the United States resulting from work per18 formed as part of the Nation’s early atomic energy pro19 gram, $140,000,000, to remain available until expended. 

20 FLOOD CONTROL AND COASTAL EMERGENCIES

21 For expenses necessary to prepare for flood, hurri22 cane, and other natural disasters and support emergency 

23 operations, repairs, and other activities in response to 

24 such disasters as authorized by law, $40,000,000, to re25 main available until expended. 
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1 GENERAL EXPENSES

2 For expenses necessary for the supervision and gen3 eral administration of the civil works program in the head4 quarters of the United States Army Corps of Engineers, 

5 and the offices of the Division Engineers; and for the man6 agement and operation of the Humphreys Engineer Cen7 ter Support Activity, the Institute for Water Resources, 

8 the United States Army Engineer Research and Develop9 ment Center, and the United States Army Corps of Engi10 neers Finance Center, $177,000,000, to remain available 

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

12 for official reception and representation purposes and only 

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

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

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

16 of the Chief of Engineers or the civil works executive di17 rection and management activities of the division offices. 

18 OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL

19 WORKS)

20 For the Office of the Assistant Secretary of the Army 

21 (Civil Works), $4,500,000, to remain available until ex22 pended. 

23 ADMINISTRATIVE PROVISION

24 The Revolving Fund, Corps of Engineers, shall be 

25 available during the current fiscal year for purchase (not 
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1 to exceed 100 for replacement only) and hire of passenger 

2 motor vehicles for the civil works program. 

3 GENERAL PROVISIONS, CORPS OF ENGINEERS—CIVIL

4 SEC. 101. None of the funds provided in title I of 

5 this Act, or provided by previous appropriations Acts to 

6 the agencies or entities funded in title I of this Act that 

7 remain available for obligation or expenditure in fiscal 

8 year 2009, shall be available for obligation or expenditure 

9 through a reprogramming of funds that: 

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

11 or activity; 

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

13 (3) increases funds or personnel for any pro14 gram, project, or activity for which funds have been 

15 denied or restricted by this Act, unless prior ap16 proval is received from the House and Senate Com17 mittees on Appropriations; 

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

19 program, project, or activity by either the House or 

20 the Senate Committees on Appropriations for a dif21 ferent purpose, unless prior approval is received 

22 from the House and Senate Committees on Appro23 priations; 

24 (5) augments or reduces existing programs, 

25 projects, or activities in excess of the amounts con26 tained in subsections 6 through 8, unless prior ap-
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1 proval is received from the House and Senate Com2 mittees on Appropriations; 

3 (6) OPERATION AND MAINTENANCE.—For a 

4 base level of $1,000,000, reprogramming of 15 per5 cent of the base amount up to a limit of $5,000,000 

6 per project or activity is allowed: Provided, That for 

7 a base level less than $1,000,000, the reprogram8 ming limit is $150,000: Provided further, That 

9 $150,000 may be reprogrammed into any ongoing 

10 work on a project that did not receive an appropria11 tion: Provided further, That unlimited reprogram12 ming authority is granted to respond to a flood, hur13 ricane, or other natural disaster or to address any 

14 imminent risk to the public health and safety from 

15 a civil works project owned or operated by the 

16 Corps; 

17 (7) MISSISSIPPI RIVER AND TRIBUTARIES.— 

18 The same reprogramming guidelines as listed above 

19 apply to the Operation and Maintenance portion of 

20 the Mississippi River and Tributaries Account; and 

21 (8) FORMERLY UTILIZED SITES REMEDIAL AC22 TION PROGRAM.—Reprogramming of up to 15 per23 cent of the base of the receiving project is permitted. 

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

25 Acts, making funds available for Energy and Water Devel-
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1 opment, shall be used to implement any pending or future 

2 competitive sourcing actions under OMB Circular A–76 

3 or High Performing Organizations for the U.S. Army 

4 Corps of Engineers. 

5 SEC. 103. None of the funds appropriated in this or 

6 any other Act shall be used to demonstrate or implement 

7 any plans divesting or transferring any Civil Works mis8 sions, functions, or responsibilities of the United States 

9 Army Corps of Engineers to other government agencies 

10 without specific direction in a subsequent Act of Congress. 

11 SEC. 104. Within 90 days of the date of the Chief 

12 of Engineers Report on a water resource matter, the As13 sistant Secretary of the Army (Civil Works) shall submit 

14 the report to the appropriate authorizing and appro15 priating committees of the Congress. 

16 SEC. 105. WATER REALLOCATION, LAKE CUM17 BERLAND, KENTUCKY. (a) IN GENERAL.—Subject to sub18 section (b), none of the funds made available by this Act 

19 may be used to carry out any water reallocation project 

20 or component under the Wolf Creek Project, Lake Cum21 berland, Kentucky, authorized under the Act of June 28, 

22 1938 (52 Stat. 1215, ch. 795) and the Act of July 24, 

23 1946 (60 Stat. 636, ch. 595). 

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

25 not apply to any water reallocation for Lake Cumberland, 
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1 Kentucky, that is carried out subject to an agreement or 

2 payment schedule in effect on the date of enactment of 

3 this Act. 

4 SEC. 106. Section 121 of the Energy and Water De5 velopment Appropriations Act, 2006 (Public Law 109– 

6 103; 119 Stat. 2256) is amended by striking subsection 

7 (a) and inserting the following: 

8 ‘‘(a) Hereafter, the Secretary of the Army may carry 

9 out and fund planning studies, watershed surveys and as10 sessments, or technical studies at 100 percent Federal ex11 pense to accomplish the purposes of the 2003 Biological 

12 Opinion described in section 205(b) of the Energy and 

13 Water Development Appropriations Act, 2005 (Public 

14 Law 108–447; 118 Stat. 2949) as amended by subsection 

15 (b) or any related subsequent biological opinion, and the 

16 collaborative program long-term plan. In carrying out a 

17 study, survey, or assessment under this subsection, the 

18 Secretary of the Army shall consult with Federal, State, 

19 tribal and local governmental entities, as well as entities 

20 participating in the Middle Rio Grande Endangered Spe21 cies Collaborative Program referred to in section 205 of 

22 this Act: Provided, That the Secretary of the Army may 

23 also provide planning and administrative assistance to the 

24 Middle Rio Grande Endangered Species Collaborative Pro-
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1 gram, which shall not be subject to cost sharing require2 ments with non-Federal interests.’’. 

3 SEC. 107. All budget documents and justification ma4 terials for the Corps of Engineers annual budget submis5 sion to Congress shall be assembled and presented based 

6 on the most recent annual appropriations Act: Provided, 

7 That new budget proposals for fiscal year 2009 and there8 after, shall not be integrated into the budget justifications 

9 submitted to Congress but shall be submitted separately 

10 from the budget justifications documents. 

11 SEC. 108. The Secretary is authorized to conduct a 

12 study of the Missouri River Projects located within the 

13 Missouri River basin at a total cost of $25,000,000 with 

14 the express purpose to review the original project purposes 

15 based on the Flood Control Act of 1944, as amended, and 

16 other subsequent relevant legislation and judicial rulings 

17 to determine if changes to the authorized project purposes 

18 and existing Federal water resource infrastructure may be 

19 warranted: Provided, That this study shall be undertaken 

20 at full Federal expense. 

21 SEC. 109. There is authorized to be appropriated an 

22 additional $5,000,000 for the construction of the perma23 nent bridge authorized in section 128(a) of Public Law 

24 108–137. 
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1 SEC. 110. Section 101(a)(5) of the Water Resources 

2 Development Act of 1996 (110 Stat. 3663) is amended— 

3 (1) by inserting ‘‘(A) IN GENERAL.—’’ before 

4 ‘‘The’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(B) CREDIT TOWARD NON-FEDERAL

7 SHARE.—The Secretary shall credit toward the 

8 non-Federal share of the project the costs ex9 pended by non-Federal interests for the replace10 ment and reconstruction of the Soquel Avenue 

11 Bridge, if the Secretary determines that the 

12 work is integral to the project. 

13 ‘‘(C) MAXIMUM AMOUNT OF CREDIT.—The 

14 credit under paragraph (B) may not exceed 

15 $2,000,000. 

16 ‘‘(D) LIMITATION OF TOTAL PROJECT

17 COST.—The Secretary shall not include the 

18 costs to be credited under paragraphs (B) and 

19 (C) in total project costs in determining the 

20 amounts of the Federal and non-Federal con21 tributions.’’. 

22 SEC. 111. The Missouri River Levee System (MRLS) 

23 Unit L–385 Project, Riverside, Missouri, authorized by 

24 the Flood Control Act of 1941, Public Law 77–228, and 

25 the Flood Control Act of 1944, Public Law 78–534, is 
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1 modified to direct the Secretary, acting through the Chief 

2 of Engineers, to take such action as is necessary to correct 

3 deficiencies in the L–385 levee system in Riverside, Mis4 souri at full Federal expense at a cost of no more than 

5 $7,000,000. 

6 SEC. 112. (a) Using funds appropriated in this Act 

7 and hereafter, the Secretary is directed to complete the 

8 selection for any Senior Executive Service position within 

9 the United States Army Corps of Engineers that is vacant 

10 as of the date of enactment of this Act no later than 90 

11 days after the effective date of this section. 

12 (b) Using funds appropriated in this Act and here13 after, the Secretary shall complete the selection for any 

14 vacancy in a Senior Executive Service position within the 

15 United States Army Corps of Engineers that occurs after 

16 the date of enactment of this Act no later than 90 days 

17 after the vacancy occurs. 

18 (c) If the Secretary cannot complete any selection 

19 within the time period required by subsections (a) and (b) 

20 of this section, the Secretary shall report to the Commit21 tees on Appropriations of the Senate and the House of 

22 Representatives on the reasons the selection could not be 

23 made within the required time period. Any such report 

24 shall be submitted to the Committees no later than 30 

25 days after the date upon which the selection should have 
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1 been completed, and the Secretary shall submit additional 

2 reports every 30 days thereafter until the selection is 

3 made. 

4 (d) None of the funds appropriated in this Act or any 

5 other Act heretofore or hereinafter enacted may be used 

6 to reduce the total number of positions designated as Sen7 ior Executive Service positions within the United States 

8 Army Corps of Engineers below 44. 

9 SEC. 113. Section 115 of the Energy and Water De10 velopment and Related Agencies Appropriations Act, 2008 

11 as contained in division C of Public Law 110–161, is 

12 amended by striking ‘‘$20,000,000. The Secretary shall 

13 transfer this facility to the Secretary of the Interior for 

14 operation and maintenance upon the completion of con15 struction.’’ and inserting in lieu thereof, ‘‘$20,000,000: 

16 Provided, That the Secretary shall transfer ownership of 

17 this facility to the Secretary of Health and Human Serv18 ices for operation and maintenance upon the completion 

19 of construction.’’. 

20 SEC. 114. None of the funds in this Act, or previous 

21 Acts, making funds available for Energy and Water Devel22 opment shall be used to award any continuing contract 

23 that commits additional funding from the Inland Water24 way Trust Fund unless or until such time that a perma25 nent solution to enhance revenues in the fund is enacted. 
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1 SEC. 115. Section 103(c)(7) of the Water Resources 

2 Development Act of 1992 (106 Stat. 4811–12), as amend3 ed by section 117 of the Energy and Water Development 

4 Appropriations Act of 2006 (119 Stat. 2255), is further 

5 amended by striking ‘‘15,000,000’’ and inserting 

6 ‘‘26,000,000’’. 

7 SEC. 116. Section 3118 of Public Law 110–114 (121 

8 Stat. 1137) is amended by— 

9 (1) in paragraph (b) by inserting after ‘‘New 

10 Mexico’’ the following: ‘‘in accordance with the plans 

11 recommended in the feasibility report for the Middle 

12 Rio Grande Bosque, New Mexico, scheduled for com13 pletion in December 2008’’. 

14 (2) redesignating subsection (d) as subsection 

15 (e); and 

16 (3) inserting a new subsection (d): 

17 ‘‘(d) COST SHARING.—Any requirement for non-Fed18 eral participation in a project carried out in the bosque 

19 of Bernalillo County, New Mexico, pursuant to this section 

20 shall be limited to the provision of lands, easements, 

21 rights-of-way, relocations, and dredged material disposal 

22 areas necessary for construction, operation and mainte23 nance of the project.’’. 

24 SEC. 117. The non-Federal interest for the project 

25 referenced in section 3154 of the Water Resources Devel-
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1 opment Act of 2007 (Public Law 110–114; 121 Stat. 

2 1148) may carry out design and construction work on the 

3 project in advance of Federal appropriations or may pro4 vide funds directly to the Secretary for the Secretary to 

5 carry out such work. The Secretary of the Army shall re6 imburse the non-Federal interest for any costs incurred 

7 by the non-Federal interest that are in excess of the non8 Federal share of total project costs. 

9 SEC. 118. (a) The non-Federal interest for the 

10 project for hurricane and storm damage reduction, 

11 Morganza to the Gulf of Mexico, Louisiana, authorized by 

12 section 1001(24) of the Water Resources Development Act 

13 of 2007 (Public Law 110–114; 121 Stat. 1053) may, 

14 using its own funds, construct the Houma Navigation 

15 Canal lock complex feature of the project. 

16 (b) Costs incurred by the non-Federal interest pursu17 ant to subsection (a) of this section may be credited 

18 against the non-Federal share of the project or reimbursed 

19 at the Secretary of the Army’s discretion, subject to initi20 ation of the construction of the project by the Federal 

21 Government and subject to a determination by the Sec22 retary of the Army that the work completed by the non23 Federal interest pursuant to subsection (a) is an integral 

24 part of the project. 
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1 SEC. 119. The Colorado Department of Natural Re2 sources is authorized to perform modifications of the facil3 ity (Chatfield Reservoir, Colorado), and any required miti4 gation which results from implementation of the project: 

5 Provided, That in carrying out the reassignment of storage 

6 space provided for in this section, the Secretary shall col7 laborate with the Colorado Department of Natural Re8 sources and local interests to determine costs to be repaid 

9 for storage that reflects the limited reliability of the re10 sources and the capability of non-Federal interests to 

11 make use of the reallocated storage space in Chatfield Res12 ervoir, Colorado. 

13 SEC. 120. The project for flood control, Big Sioux 

14 River and Skunk Creek, Sioux Falls, South Dakota au15 thorized by section 101(a)(28) of the Water Resources De16 velopment Act of 1996 (110 Stat. 3666), is modified to 

17 authorize the Secretary to construct the project at an esti18 mated total cost of $51,000,000, with an estimated Fed19 eral cost of $38,250,000 and an estimated non-Federal 

20 cost of $12,750,000. 
22 

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1 TITLE II 

2 DEPARTMENT OF THE INTERIOR 

3 CENTRAL UTAH PROJECT

4 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

5 For carrying out activities authorized by the Central 

6 Utah Project Completion Act, $40,360,000, to remain 

7 available until expended, of which $987,000 shall be de8 posited into the Utah Reclamation Mitigation and Con9 servation Account for use by the Utah Reclamation Miti10 gation and Conservation Commission. 

11 For fiscal year 2009, the Commission may use an 

12 amount not to exceed $1,500,000 for administrative ex13 penses. 

14 In addition, for necessary expenses incurred in car15 rying out related responsibilities of the Secretary of the 

16 Interior, $1,640,000, to remain available until expended. 

17 BUREAU OF RECLAMATION

18 The following appropriations shall be expended to 

19 execute authorized functions of the Bureau of Reclama20 tion: 

21 WATER AND RELATED RESOURCES

22 (INCLUDING TRANSFERS OF FUNDS)

23 For management, development, and restoration of 

24 water and related natural resources and for related activi25 ties, including the operation, maintenance, and rehabilita26 tion of reclamation and other facilities, participation in 
23 

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1 fulfilling related Federal responsibilities to Native Ameri2 cans, and related grants to, and cooperative and other 

3 agreements with, State and local governments, federally 

4 recognized Indian tribes, and others, $927,320,000, to re5 main available until expended, of which $46,655,000 shall 

6 be available for transfer to the Upper Colorado River 

7 Basin Fund and $27,951,000 shall be available for trans8 fer to the Lower Colorado River Basin Development Fund; 

9 of which such amounts as may be necessary may be ad10 vanced to the Colorado River Dam Fund; of which not 

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

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

13 authorized by 16 U.S.C. 1706: Provided, That such trans14 fers may be increased or decreased within the overall ap15 propriation under this heading: Provided further, That of 

16 the total appropriated, the amount for program activities 

17 that can be financed by the Reclamation Fund or the Bu18 reau of Reclamation special fee account established by 16 

19 U.S.C. 460l–6a(i) shall be derived from that Fund or ac20 count: Provided further, That funds contributed under 43 

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

22 for which contributed: Provided further, That funds ad23 vanced under 43 U.S.C. 397a shall be credited to this ac24 count and are available until expended for the same pur25 poses as the sums appropriated under this heading: Pro-
24 

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1 vided further, That funds available for expenditure for the 

2 Departmental Irrigation Drainage Program may be ex3 pended by the Bureau of Reclamation for site remediation 

4 on a nonreimbursable basis: Provided further, That funds 

5 provided for the Friant-Kern and Madera Canals improve6 ments may be expended on a non-reimbursable basis. 

7 CENTRAL VALLEY PROJECT RESTORATION FUND

8 For carrying out the programs, projects, plans, habi9 tat restoration, improvement, and acquisition provisions of 

10 the Central Valley Project Improvement Act, $56,079,000, 

11 to be derived from such sums as may be collected in the 

12 Central Valley Project Restoration Fund pursuant to sec13 tions 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of 

14 Public Law 102–575, to remain available until expended: 

15 Provided, That the Bureau of Reclamation is directed to 

16 assess and collect the full amount of the additional mitiga17 tion and restoration payments authorized by section 

18 3407(d) of Public Law 102–575: Provided further, That 

19 none of the funds made available under this heading may 

20 be used for the acquisition or leasing of water for in21 stream purposes if the water is already committed to in22 stream purposes by a court adopted decree or order. 

23 CALIFORNIA BAY-DELTA RESTORATION

24 (INCLUDING TRANSFER OF FUNDS)

25 For carrying out activities authorized by the Water 

26 Supply, Reliability, and Environmental Improvement Act, 
25 

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1 consistent with plans to be approved by the Secretary of 

2 the Interior, $42,000,000, to remain available until ex3 pended, of which such amounts as may be necessary to 

4 carry out such activities may be transferred to appropriate 

5 accounts of other participating Federal agencies to carry 

6 out authorized purposes: Provided, That funds appro7 priated herein may be used for the Federal share of the 

8 costs of CALFED Program management: Provided fur9 ther, That the use of any funds provided to the California 

10 Bay-Delta Authority for program-wide management and 

11 oversight activities shall be subject to the approval of the 

12 Secretary of the Interior: Provided further, That CALFED 

13 implementation shall be carried out in a balanced manner 

14 with clear performance measures demonstrating concur15 rent progress in achieving the goals and objectives of the 

16 Program. 

17 POLICY AND ADMINISTRATION

18 For necessary expenses of policy, administration, and 

19 related functions in the office of the Commissioner, the 

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

21 of Reclamation, to remain available until expended, 

22 $59,400,000, to be derived from the Reclamation Fund 

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

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

25 Act shall be available for activities or functions budgeted 

26 as policy and administration expenses. 
26 

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1 ADMINISTRATIVE PROVISIONS

2 Appropriations for the Bureau of Reclamation shall 

3 be available for purchase of not to exceed seven passenger 

4 motor vehicles, which are for replacement only. 

5 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

6 SEC. 201. (a) None of the funds appropriated or oth7 erwise made available by this Act may be used to deter8 mine the final point of discharge for the interceptor drain 

9 for the San Luis Unit until development by the Secretary 

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

11 shall conform to the water quality standards of the State 

12 of California as approved by the Administrator of the En13 vironmental Protection Agency, to minimize any detri14 mental effect of the San Luis drainage waters. 

15 (b) The costs of the Kesterson Reservoir Cleanup 

16 Program and the costs of the San Joaquin Valley Drain17 age Program shall be classified by the Secretary of the 

18 Interior as reimbursable or nonreimbursable and collected 

19 until fully repaid pursuant to the ‘‘Cleanup Program-Al20 ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 

21 Repayment Plan’’ described in the report entitled ‘‘Repay22 ment Report, Kesterson Reservoir Cleanup Program and 

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

24 prepared by the Department of the Interior, Bureau of 

25 Reclamation. Any future obligations of funds by the 
27 

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1 United States relating to, or providing for, drainage serv2 ice or drainage studies for the San Luis Unit shall be fully 

3 reimbursable by San Luis Unit beneficiaries of such serv4 ice or studies pursuant to Federal reclamation law. 

5 SEC. 202. None of the funds appropriated or other6 wise made available by this or any other Act may be used 

7 to pay the salaries and expenses of personnel to purchase 

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

9 Projects in New Mexico unless said purchase or lease is 

10 in compliance with the purchase requirements of section 

11 202 of Public Law 106–60. 

12 SEC. 203. Funds under this title for Drought Emer13 gency Assistance shall be made available primarily for 

14 leasing of water for specified drought related purposes 

15 from willing lessors, in compliance with existing State laws 

16 and administered under State water priority allocation. 

17 SEC. 204. The Secretary of the Interior, acting 

18 through the Commissioner of the Bureau of Reclamation, 

19 is authorized to enter into grants, cooperative agreements, 

20 and other agreements with irrigation or water districts 

21 and States to fund up to 50 percent of the cost of plan22 ning, designing, and constructing improvements that will 

23 conserve water, increase water use efficiency, or enhance 

24 water management through measurement or automation, 

25 at existing water supply projects within the States identi-
28 

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1 fied in the Act of June 17, 1902, as amended, and supple2 mented: Provided, That when such improvements are to 

3 federally owned facilities, such funds may be provided in 

4 advance on a nonreimbursable basis to an entity operating 

5 affected transferred works or may be deemed non6 reimbursable for nontransferred works: Provided further, 

7 That the calculation of the non-Federal contribution shall 

8 provide for consideration of the value of any in-kind con9 tributions, but shall not include funds received from other 

10 Federal agencies: Provided further, That the cost of oper11 ating and maintaining such improvements shall be the re12 sponsibility of the non-Federal entity: Provided further, 

13 That this section shall not supercede any existing project14 specific funding authority: Provided further, That the Sec15 retary is also authorized to enter into grants or coopera16 tive agreements with universities or nonprofit research in17 stitutions to fund water use efficiency research. 

18 SEC. 205. (a) Section 209 of the Energy and Water 

19 Development Appropriations Act, 2004 (Public Law 108– 

20 137; 117 Stat. 1850) is repealed. 

21 (b) The Secretary of the Interior (referred to in this 

22 section as the ‘‘Secretary’’) shall establish and maintain 

23 an Executive Committee of the Middle Rio Grande Endan24 gered Species Collaborative Program (referred to in this 

25 section as the ‘‘Executive Committee’’) consistent with the 
29 

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1 bylaws of the Middle Rio Grande Endangered Species Col2 laborative Program adopted on October 2, 2006. 

3 (c) Hereafter, in compliance with applicable Federal 

4 and State laws, the Secretary (acting through the Com5 missioner of Reclamation), in collaboration with the Exec6 utive Committee, may enter into any grants, contracts, co7 operative agreements, interagency agreements, or other 

8 agreements that the Secretary determines to be necessary 

9 to comply with the 2003 Biological Opinion described in 

10 section 205(b) of the Energy and Water Development Ap11 propriations Act, 2005 (Public Law 108–447; 118 Stat. 

12 2949) as amended by section 121(b) of the Energy and 

13 Water Development Appropriations Act, 2006 (Public 

14 Law 109–103; 119 Stat. 2256) or any related subsequent 

15 biological opinion or in furtherance of the objectives set 

16 forth in the collaborative program long-term plan. 

17 (d)(1) The acquisition of water under subsection (c) 

18 and any administrative costs associated with carrying out 

19 subsection (c) shall be at full Federal expense. 

20 (2) Not more than 15 percent of amounts appro21 priated to carry out subsection (c) shall be made available 

22 for the payment of administrative expenses associated with 

23 carrying out that subsection. 

24 (e)(1) The non-Federal share of activities carried out 

25 under subsection (c) (other than an activity or a cost de-
30 

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1 scribed in subsection (d)(1)) shall be 25 percent. The non2 Federal cost share shall be determined on a programmatic, 

3 rather than a project-by-project basis. 

4 (2) The non-Federal share required under paragraph 

5 (1) may be in the form of in-kind contributions, the value 

6 of which shall be determined by the Secretary in consulta7 tion with the executive committee. 

8 (f) Nothing in this section modifies or expands the 

9 discretion of the Secretary with respect to operating res10 ervoir facilities under the jurisdiction of the Secretary in 

11 the Rio Grande Valley, New Mexico. 

12 SEC. 206. In carrying out section 2507 of Public Law 

13 107–171, as amended by section 2807 of Public Law 110– 

14 234, the Secretary of the Interior, acting through the 

15 Commissioner of Reclamation, shall use $5,000,000 to 

16 provide grants, to be divided equally, to the State of Ne17 vada and the State of California to implement the Truckee 

18 River Settlement Act, Public Law 101–618. 

19 SEC. 207. (a) Notwithstanding any other provision 

20 of law, of amounts made available under section 2507 of 

21 the Farm Security and Rural Investment Act of 2002 (43 

22 U.S.C. 2211 note; Public Law 107–171), as amended by 

23 section 2807 of Public Law 110–234, the Secretary of the 

24 Interior acting through the Commissioner of Reclamation, 
31 

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1 shall use $4,000,000 for Silver Lake water transmission 

2 improvements. 

3 TITLE III 

4 DEPARTMENT OF ENERGY 

5 ENERGY PROGRAMS 

6 ENERGY EFFICIENCY AND RENEWABLE ENERGY

7 For Department of Energy expenses including the 

8 purchase, construction, and acquisition of plant and cap9 ital equipment, and other expenses necessary for energy 

10 efficiency and renewable energy activities in carrying out 

11 the purposes of the Department of Energy Organization 

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

13 condemnation of any real property or any facility or for 

14 plant or facility acquisition, construction, or expansion, 

15 and the purchase of not to exceed two passenger vehicles 

16 for replacement, $1,928,259,000, to remain available until 

17 expended: Provided, That of the amount appropriated in 

18 this paragraph, $124,150,000 shall be used for projects 

19 specified in the table that appears under the heading 

20 ‘‘Congressionally Directed Energy Efficiency and Renew21 able Energy Projects’’ in the report of the Committee on 

22 Appropriations of the United States Senate to accompany 

23 this Act. 
32 

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1 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

2 For Department of Energy expenses including the 

3 purchase, construction, and acquisition of plant and cap4 ital equipment, and other expenses necessary for elec5 tricity delivery and energy reliability activities in carrying 

6 out the purposes of the Department of Energy Organiza7 tion Act (42 U.S.C. 7101 et seq.), including the acquisi8 tion or condemnation of any real property or any facility 

9 or for plant or facility acquisition, construction, or expan10 sion, $166,900,000, to remain available until expended: 

11 Provided, That of the amount appropriated in this para12 graph, $12,900,000 shall be used for projects specified in 

13 the table that appears under the heading ‘‘Congressionally 

14 Directed Electricity Delivery and Energy Reliability 

15 Projects’’ in the report of the Committee on Appropria16 tions of the United States Senate to accompany this Act. 

17 NUCLEAR ENERGY

18 (INCLUDING TRANSFER OF FUNDS)

19 For Department of Energy expenses including the 

20 purchase, construction, and acquisition of plant and cap21 ital equipment, and other expenses necessary for nuclear 

22 energy activities in carrying out the purposes of the De23 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

25 real property or any facility or for plant or facility acquisi-
33 

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1 tion, construction, or expansion, and the purchase of not 

2 to exceed 29 passenger motor vehicles, including three new 

3 buses and 26 replacement vehicles, including one ambu4 lance, $803,000,000, to remain available until expended: 

5 Provided, That of the amount appropriated in this para6 graph, $3,000,000 shall be used for projects specified in 

7 the table that appears under the heading ‘‘Congressionally 

8 Directed Nuclear Energy Projects’’ in the report of the 

9 Committee on Appropriations of the United States Senate 

10 to accompany this Act. 

11 CLEAN COAL TECHNOLOGY

12 (TRANSFER OF FUNDS)

13 Of the funds made available under this heading for 

14 obligation in prior years, $149,000,000 of uncommitted 

15 balances are transferred to Fossil Energy Research and 

16 Development to be used until expended: Provided, That 

17 funds made available in previous appropriations Acts shall 

18 be made available for any ongoing project regardless of 

19 the separate request for proposal under which the project 

20 was selected. 

21 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses in carrying out fossil energy 

24 research and development activities, under the authority 

25 of the Department of Energy Organization Act (Public 

26 Law 95–91), including the acquisition of interest, includ-
34 

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1 ing defeasible and equitable interests in any real property 

2 or any facility or for plant or facility acquisition or expan3 sion, and for conducting inquiries, technological investiga4 tions and research concerning the extraction, processing, 

5 use, and disposal of mineral substances without objection6 able social and environmental costs (30 U.S.C. 3, 1602, 

7 and 1603), $876,730,000, to remain available until ex8 pended, of which $149,000,000 shall be derived by trans9 fer from ‘‘Clean Coal Technology’’: Provided, That of the 

10 amounts provided, $232,300,000 is available for the Clean 

11 Coal Power Initiative Round III solicitation, pursuant to 

12 title IV of the Public Law 109–58: Provided further, That 

13 funds appropriated for prior solicitations under the Clean 

14 Coal Technology Program, Power Plant Improvement Ini15 tiative, Clean Coal Power Initiative, and FutureGen, but 

16 not required by the Department to meet its obligations 

17 on projects selected under such solicitations, may be uti18 lized for the Clean Coal Power Initiative Round III solici19 tation under this Act in accordance with the requirements 

20 of this Act rather than the Acts under which the funds 

21 were appropriated: Provided further, That no Clean Coal 

22 Power Initiative project may be selected for which full 

23 funding is not available to provide for the total project: 

24 Provided further, That if a Clean Coal Power Initiative 

25 project selected after enactment of this legislation for ne-
35 

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1 gotiation under this or any other Act in any fiscal year, 

2 is not awarded within 2 years from the date the applica3 tion was selected, negotiations shall cease and the Federal 

4 funds committed to the application shall be retained by 

5 the Department for future coal-related research, develop6 ment and demonstration projects, except that the time 

7 limit may be extended at the Secretary’s discretion for 

8 matters outside the control of the applicant, or if the Sec9 retary determines that extension of the time limit is in 

10 the public interest: Provided further, That the Secretary 

11 may not delegate this responsibility for applications great12 er than $10,000,000: Provided further, That financial as13 sistance for costs in excess of those estimated as of the 

14 date of award of original Clean Coal Power Initiative fi15 nancial assistance may not be provided in excess of the 

16 proportion of costs borne by the Government in the origi17 nal agreement and shall be limited to 25 percent of the 

18 original financial assistance: Provided further, That at 

19 least 50 percent cost-sharing shall be required in each 

20 budget period of a project: Provided further, That in ac21 cordance with section 988(e) of Public Law 109–58, re22 payment of the DOE contribution to a project shall not 

23 be a condition of making an award under this solicitation: 

24 Provided further, That funds shall be expended in accord25 ance with the provisions governing the use of funds con-
36 

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1 tained under the heading ‘‘Clean Coal Technology’’ in 42 

2 U.S.C. 5903d as well as those contained under the head3 ing ‘‘Clean Coal Technology’’ in prior appropriations: Pro4 vided further, That any technology selected under these 

5 programs shall be considered a Clean Coal Technology, 

6 and any project selected under these programs shall be 

7 considered a Clean Coal Technology Project, for the pur8 poses of 42 U.S.C. 7651n, and chapters 51, 52, and 60 

9 of title 40 of the Code of Federal Regulations: Provided 

10 further, That no part of the sum herein made available 

11 shall be used for the field testing of nuclear explosives in 

12 the recovery of oil and gas: Provided further, That in this 

13 Act and future Acts, up to 4 percent of program direction 

14 funds available to the National Energy Technology Lab15 oratory may be used to support Department of Energy 

16 activities not included in this Fossil Energy account: Pro17 vided further, That in this Act and future Acts, the sala18 ries for Federal employees performing research and devel19 opment activities at the National Energy Technology Lab20 oratory can continue to be funded from any appropriate 

21 DOE program accounts: Provided further, That revenues 

22 and other moneys received by or for the account of the 

23 Department of Energy or otherwise generated by sale of 

24 products in connection with projects of the Department 

25 appropriated under the Fossil Energy Research and De-
37 

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1 velopment account may be retained by the Secretary of 

2 Energy, to be available until expended, and used only for 

3 plant construction, operation, costs, and payments to cost4 sharing entities as provided in appropriate cost-sharing 

5 contracts or agreements: Provided further, That no funds 

6 appropriated for FutureGen under prior Acts shall be 

7 available to support projects under the Department of En8 ergy’s competitive, restructured FutureGen solicitation: 

9 Provided further, That of the amount appropriated in this 

10 paragraph, $32,700,000 shall be used for projects speci11 fied in the table that appears under the heading ‘‘Congres12 sionally Directed Fossil Energy Projects’’ in the report of 

13 the Committee on Appropriations of the United States 

14 Senate to accompany this Act. 

15 NAVAL PETROLEUM AND OIL SHALE RESERVES

16 For expenses necessary to carry out naval petroleum 

17 and oil shale reserve activities, including the hire of pas18 senger motor vehicles, $19,099,000, to remain available 

19 until expended: Provided, That, notwithstanding any other 

20 provision of law, unobligated funds remaining from prior 

21 years shall be available for all naval petroleum and oil 

22 shale reserve activities. 

23 STRATEGIC PETROLEUM RESERVE

24 For necessary expenses for Strategic Petroleum Re25 serve facility development and operations and program 
38 

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1 management activities pursuant to the Energy Policy and 

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

3 et seq.), $205,000,000, to remain available until expended, 

4 of which $31,507,000 shall be provided to initiate new site 

5 expansion activities, beyond land acquisition, consistent 

6 with the budget request. 

7 NORTHEAST HOME HEATING OIL RESERVE

8 For necessary expenses for Northeast Home Heating 

9 Oil Reserve storage, operation, and management activities 

10 pursuant to the Energy Policy and Conservation Act, 

11 $9,800,000, to remain available until expended. 

12 ENERGY INFORMATION ADMINISTRATION

13 For necessary expenses in carrying out the activities 

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

15 to remain available until expended. 

16 NON-DEFENSE ENVIRONMENTAL CLEANUP

17 For Department of Energy expenses, including the 

18 purchase, construction, and acquisition of plant and cap19 ital equipment and other expenses necessary for non-de20 fense environmental cleanup activities in carrying out the 

21 purposes of the Department of Energy Organization Act 

22 (42 U.S.C. 7101 et seq.), including the acquisition or con23 demnation of any real property or any facility or for plant 

24 or facility acquisition, construction, or expansion, 

25 $269,411,000, to remain available until expended: Pro-
39 

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1 vided, That $12,500,000 is appropriated for environ2 mental remediation activities associated with the Energy 

3 Technology and Engineering Center (ETEC) at the Santa 

4 Susana Field Laboratory (SSFL), subject to the following: 

5 (1) the Department shall use a portion of this funding 

6 to enter into an interagency agreement with the Environ7 mental Protection Agency (EPA) regarding a comprehen8 sive radioactive site characterization of Area IV of the 

9 SSFL and (2) the Department shall provide the amount 

10 required by EPA for the radioactive site characterization 

11 in fiscal year 2009 from within the available funds: Pro12 vided further, That of the amount appropriated in this 

13 paragraph, $3,000,000 shall be used for projects specified 

14 in the table that appears under the heading ‘‘Congression15 ally Directed Non-Defense Environmental Cleanup 

16 Projects’’ in the report of the Committee on Appropria17 tions of the United States Senate to accompany this Act. 

18 URANIUM ENRICHMENT DECONTAMINATION AND

19 DECOMMISSIONING FUND

20 For necessary expenses in carrying out uranium en21 richment facility decontamination and decommissioning, 

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

23 Atomic Energy Act of 1954, as amended, and title X, sub24 title A, of the Energy Policy Act of 1992, $515,333,000, 
40 

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1 to be derived from the Fund, to remain available until ex2 pended. 

3 SCIENCE

4 For Department of Energy expenses including the 

5 purchase, construction and acquisition of plant and capital 

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

8 of Energy Organization Act (42 U.S.C. 7101 et seq.), in9 cluding the acquisition or condemnation of any real prop10 erty or facility or for plant or facility acquisition, construc11 tion, or expansion, and purchase of not to exceed 49 pas12 senger motor vehicles for replacement only, including one 

13 law enforcement vehicle, one ambulance, and three buses, 

14 $4,640,469,000, to remain available until expended: Pro15 vided, That of the amount appropriated in this paragraph, 

16 $58,500,000 shall be used for projects specified in the 

17 table that appears under the heading ‘‘Congressionally Di18 rected Science Projects’’ in the report of the Committee 

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

21 NUCLEAR WASTE DISPOSAL

22 For nuclear waste disposal activities to carry out the 

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

24 Law 97–425, as amended (the ‘‘NWPA’’), including the 

25 acquisition of real property or facility construction or ex-
41 

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1 pansion, $195,390,000, to remain available until ex2 pended, and to be derived from the Nuclear Waste Fund: 

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

4 for Nuclear Waste Disposal, $5,000,000 shall be provided 

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

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

9 notwithstanding the lack of a written agreement with the 

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

11 $1,000,000 shall be provided to Nye County, Nevada, for 

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

13 Act: Provided further, That $9,000,000 shall be provided 

14 to affected units of local government, as defined in the 

15 NWPA, to conduct appropriate activities and participate 

16 in licensing activities: Provided further, That of the 

17 $9,000,000 provided 7.5 percent of the funds provided 

18 shall be made available to affected units of local govern19 ment in California with the balance made available to af20 fected units of local government in Nevada for distribution 

21 as determined by the Nevada units of local government. 

22 This funding shall be provided to affected units of local 

23 government, as defined in the Act: Provided further, That 

24 $500,000 shall be provided to the Timbisha-Shoshone 

25 Tribe solely for expenditures, other than salaries and ex-
42 

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1 penses of tribal employees, to conduct appropriate activi2 ties and participate in licensing activities under section 

3 118(b) of the NWPA. The Committee requires the entities 

4 to certify that within 90 days of the completion of each 

5 Federal fiscal year, the Nevada Division of Emergency 

6 Management and the Governor of the State of Nevada and 

7 each of the affected units of local government shall provide 

8 certification to the Department of Energy that all funds 

9 expended from such payments have been expended for the 

10 activities authorized by the Act and this Act: Provided fur11 ther, That notwithstanding the provisions of chapters 65 

12 and 75 of title 31, United States Code, the Department 

13 shall have no monitoring, auditing or other oversight 

14 rights or responsibilities over amounts provided to affected 

15 units of local government: Provided further, That the 

16 funds for the State of Nevada shall be made available sole17 ly to the Nevada Division of Emergency Management by 

18 direct payment and to units of local government by direct 

19 payment: Provided further, That within 90 days of the 

20 completion of each Federal fiscal year, the Nevada Divi21 sion of Emergency Management and the Governor of the 

22 State of Nevada and each of the affected units of local 

23 government shall provide certification to the Department 

24 of Energy that all funds expended from such payments 

25 have been expended for activities authorized by the NWPA 
43 

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1 and this Act: Provided further, That failure to provide 

2 such certification shall cause such entity to be prohibited 

3 from any further funding provided for similar activities: 

4 Provided further, That none of the funds herein appro5 priated may be: (1) used directly or indirectly to influence 

6 legislative action, except for normal and recognized execu7 tive-legislative communications, on any matter pending be8 fore Congress or a State legislature or for lobbying activity 

9 as provided in 18 U.S.C. 1913; (2) used for litigation ex10 penses; or (3) used to support multi-State efforts or other 

11 coalition building activities inconsistent with the restric12 tions contained in this Act: Provided further, That all pro13 ceeds and recoveries realized by the Secretary in carrying 

14 out activities authorized by the NWPA, including but not 

15 limited to, any proceeds from the sale of assets, shall be 

16 available without further appropriation and shall remain 

17 available until expended: Provided further, That no funds 

18 provided in this Act or any previous Act may be used to 

19 pursue repayment or collection of funds provided in any 

20 fiscal year to affected units of local government for over21 sight activities that had been previously approved by the 

22 Department of Energy, or to withhold payment of any 

23 such funds: Provided further, That of the amount appro24 priated in this paragraph, $1,950,000 shall be used for 

25 projects specified in the table that appears under the head-
44 

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1 ing ‘‘Congressionally Directed Nuclear Waste Disposal 

2 Projects’’ in the report of the Committee on Appropria3 tions of the United States Senate to accompany this Act. 

4 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

5 PROGRAM

6 Subject to section 502 of the Congressional Budget 

7 Act of 1974, commitments to guarantee loans under title 

8 XVII of the Energy Policy Act of 2005 shall not exceed 

9 a total principal amount, any part of which is to be guar10 anteed, of $20,000,000,000 for eligible projects (other 

11 than nuclear power facilities), and commitments to guar12 antee loans under title XVII shall not exceed a total prin13 cipal amount, any part of which is to be guaranteed, of 

14 $18,500,000,000 for eligible nuclear power facilities: Pro15 vided, That these amounts are in addition to the authority 

16 provided under section 20320 of division B of Public Law 

17 109–289, as amended by Public Law 110–5: Provided fur18 ther, That such sums as are derived from amounts re19 ceived from borrowers pursuant to section 1702(b)(2) of 

20 the Energy Policy Act of 2005 under this heading in this 

21 and prior Acts, shall be collected in accordance with sec22 tion 502(7) of the Congressional Budget Act of 1974: Pro23 vided further, That the source of such payment received 

24 from borrowers is not a loan or other debt obligation that 

25 is guaranteed by the Federal Government: Provided fur-
45 

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1 ther, That pursuant to section 1702(b)(2) of the Energy 

2 Policy Act of 2005, no appropriations are available to pay 

3 the subsidy cost of such guarantees: Provided further, 

4 That for necessary administrative expenses to carry out 

5 this Loan Guarantee program, $19,880,000 is appro6 priated, to remain available until expended: Provided fur7 ther, That $19,880,000 of the fees collected pursuant to 

8 section 1702(h) of the Energy Policy Act of 2005 shall 

9 be credited as offsetting collections to this account to cover 

10 administrative expenses and shall remain available until 

11 expended, so as to result in a final fiscal year 2009 appro12 priation from the general fund estimated at not more than 

13 $0. 

14 DEPARTMENTAL ADMINISTRATION

15 (INCLUDING TRANSFER OF FUNDS)

16 For salaries and expenses of the Department of En17 ergy necessary for departmental administration in car18 rying out the purposes of the Department of Energy Orga19 nization Act (42 U.S.C. 7101 et seq.), including the hire 

20 of passenger motor vehicles and official reception and rep21 resentation expenses not to exceed $30,000, 

22 $272,144,000, to remain available until expended, plus 

23 such additional amounts as necessary to cover increases 

24 in the estimated amount of cost of work for others not25 withstanding the provisions of the Anti-Deficiency Act (31 
46 

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1 U.S.C. 1511 et seq.): Provided, That such increases in 

2 cost of work are offset by revenue increases of the same 

3 or greater amount, to remain available until expended: 

4 Provided further, That moneys received by the Department 

5 for miscellaneous revenues estimated to total 

6 $117,317,000 in fiscal year 2009 may be retained and 

7 used for operating expenses within this account, and may 

8 remain available until expended, as authorized by section 

9 201 of Public Law 95–238, notwithstanding the provisions 

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

11 appropriated shall be reduced by the amount of miscella12 neous revenues received during 2009, and any related ap13 propriated receipt account balances remaining from prior 

14 years’ miscellaneous revenues, so as to result in a final 

15 fiscal year 2009 appropriation from the general fund esti16 mated at not more than $154,827,000. 

17 OFFICE OF THE INSPECTOR GENERAL

18 For necessary expenses of the Office of the Inspector 

19 General in carrying out the provisions of the Inspector 

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

21 available until expended. 
47 

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1 ATOMIC ENERGY DEFENSE ACTIVITIES 

2 NATIONAL NUCLEAR SECURITY ADMINISTRATION

3 WEAPONS ACTIVITIES

4 For Department of Energy expenses, including the 

5 purchase, construction, and acquisition of plant and cap6 ital equipment and other incidental expenses necessary for 

7 atomic energy defense weapons activities in carrying out 

8 the purposes of the Department of Energy Organization 

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

10 condemnation of any real property or any facility or for 

11 plant or facility acquisition, construction, or expansion, 

12 the purchase of not to exceed two passenger motor vehi13 cles, and one ambulance; $6,524,579,000, to remain avail14 able until expended: Provided, That $38,583,000 is au15 thorized to be appropriated for Project 06–D–140–05 

16 (PED) Uranium Processing Facility, Y–12 Plant, Oak 

17 Ridge, Tennessee: Provided further, That $125,000,000 is 

18 authorized to be appropriated for 04–D–125 Chemistry 

19 and Metallurgy facility replacement project, Los Alamos, 

20 New Mexico: Provided further, That $35,000,000 is au21 thorized to be appropriated for the 09–D–007 LANSCE 

22 Refurbishment, PED, Los Alamos National Laboratory, 

23 Los Alamos, New Mexico: Provided further, That of the 

24 amount appropriated in this paragraph, $3,500,000 shall 

25 be used for projects specified in the table that appears 
48 

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1 under the heading ‘‘Congressionally Directed Weapons Ac2 tivities Projects’’ in the report of the Committee on Appro3 priations of the United States Senate to accompany this 

4 Act. 

5 DEFENSE NUCLEAR NONPROLIFERATION

6 For Department of Energy expenses, including the 

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

9 atomic energy defense, defense nuclear nonproliferation 

10 activities, in carrying out the purposes of the Department 

11 of Energy Organization Act (42 U.S.C. 7101 et seq.), in12 cluding the acquisition or condemnation of any real prop13 erty or any facility or for plant or facility acquisition, con14 struction, or expansion, and the purchase of not to exceed 

15 one passenger motor vehicle for replacement only; 

16 $1,909,056,000, to remain available until expended: Pro17 vided, That of the funds provided herein, $487,008,000 

18 is for Project 99–D–143 Mixed Oxide (MOX) Fuel Fab19 rication Facility, Savannah River Site, South Carolina: 

20 Provided further, That the Department of Energy adhere 

21 strictly to Department of Energy Order 413.3A for 

22 Project 99–D–143. 

23 NAVAL REACTORS

24 For Department of Energy expenses necessary for 

25 naval reactors activities to carry out the Department of 
49 

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1 Energy Organization Act (42 U.S.C. 7101 et seq.), includ2 ing the acquisition (by purchase, condemnation, construc3 tion, or otherwise) of real property, plant, and capital 

4 equipment, facilities, and facility expansion, 

5 $828,054,000, to remain available until expended. 

6 OFFICE OF THE ADMINISTRATOR

7 For necessary expenses of the Office of the Adminis8 trator in the National Nuclear Security Administration, 

9 including official reception and representation expenses 

10 not to exceed $12,000, $404,081,000, to remain available 

11 until expended. 

12 ENVIRONMENTAL AND OTHER DEFENSE 

13 ACTIVITIES 

14 DEFENSE ENVIRONMENTAL CLEANUP

15 (INCLUDING TRANSFER OF FUNDS)

16 For Department of Energy expenses, including the 

17 purchase, construction, and acquisition of plant and cap18 ital equipment and other expenses necessary for atomic 

19 energy defense environmental cleanup activities in car20 rying out the purposes of the Department of Energy Orga21 nization Act (42 U.S.C. 7101 et seq.), including the acqui22 sition or condemnation of any real property or any facility 

23 or for plant or facility acquisition, construction, or expan24 sion, and the purchase of not to exceed four ambulances 

25 and three passenger motor vehicles for replacement only, 
50 

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1 $5,771,506,000, to remain available until expended, of 

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

3 Enrichment Decontamination and Decommissioning 

4 Fund’’: Provided, That of the amount appropriated in this 

5 paragraph, $9,000,000 shall be used for projects specified 

6 in the table that appears under the heading ‘‘Congression7 ally Directed Defense Environmental Cleanup Projects’’ in 

8 the report of the Committee on Appropriations of the 

9 United States Senate to accompany this Act. 

10 OTHER DEFENSE ACTIVITIES

11 For Department of Energy expenses, including the 

12 purchase, construction, and acquisition of plant and cap13 ital equipment and other expenses, necessary for atomic 

14 energy defense, other defense activities, and classified ac15 tivities, in carrying out the purposes of the Department 

16 of Energy Organization Act (42 U.S.C. 7101 et seq.), in17 cluding the acquisition or condemnation of any real prop18 erty or any facility or for plant or facility acquisition, con19 struction, or expansion, and the purchase of not to exceed 

20 10 passenger motor vehicles for replacement only, 

21 $827,503,000, to remain available until expended: Pro22 vided, That of the amount appropriated in this paragraph, 

23 $1,050,000 shall be used for projects specified in the table 

24 that appears under the heading ‘‘Congressionally Directed 

25 Other Defense Activities Projects’’ in the report of the 
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1 Committee on Appropriations of the United States Senate 

2 to accompany this Act. 

3 DEFENSE NUCLEAR WASTE DISPOSAL

4 For nuclear waste disposal activities to carry out the 

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

6 the acquisition of real property or facility construction or 

7 expansion, $193,000,000, to remain available until ex8 pended. 

9 POWER MARKETING ADMINISTRATIONS 

10 BONNEVILLE POWER ADMINISTRATION FUND

11 Expenditures from the Bonneville Power Administra12 tion Fund, established pursuant to Public Law 93–454, 

13 are approved for official reception and representation ex14 penses in an amount not to exceed $1,500. During fiscal 

15 year 2009, no new direct loan obligations may be made. 

16 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

17 ADMINISTRATION

18 For necessary expenses of operation and maintenance 

19 of power transmission facilities and of marketing electric 

20 power and energy, including transmission wheeling and 

21 ancillary services pursuant to section 5 of the Flood Con22 trol Act of 1944 (16 U.S.C. 825s), as applied to the south23 eastern power area, $7,420,000, to remain available until 

24 expended: Provided, That, notwithstanding 31 U.S.C. 

25 3302, up to $49,520,000 collected by the Southeastern 
52 

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1 Power Administration pursuant to the Flood Control Act 

2 of 1944 to recover purchase power and wheeling expenses 

3 shall be credited to this account as offsetting collections, 

4 to remain available until expended for the sole purpose 

5 of making purchase power and wheeling expenditures. 

6 OPERATION AND MAINTENANCE, SOUTHWESTERN

7 POWER ADMINISTRATION

8 For necessary expenses of operation and maintenance 

9 of power transmission facilities and of marketing electric 

10 power and energy, for construction and acquisition of 

11 transmission lines, substations and appurtenant facilities, 

12 and for administrative expenses, including official recep13 tion and representation expenses in an amount not to ex14 ceed $1,500 in carrying out section 5 of the Flood Control 

15 Act of 1944 (16 U.S.C. 825s), as applied to the South16 western Power Administration, $28,414,000, to remain 

17 available until expended: Provided, That, notwithstanding 

18 31 U.S.C. 3302, up to $35,000,000 collected by the 

19 Southwestern Power Administration pursuant to the 

20 Flood Control Act of 1944 to recover purchase power and 

21 wheeling expenses shall be credited to this account as off22 setting collections, to remain available until expended for 

23 the sole purpose of making purchase power and wheeling 

24 expenditures. 
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1 CONSTRUCTION, REHABILITATION, OPERATION AND

2 MAINTENANCE, WESTERN AREA POWER ADMINIS3 TRATION

4 For carrying out the functions authorized by title III, 

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

6 U.S.C. 7152), and other related activities including con7 servation and renewable resources programs as author8 ized, including official reception and representation ex9 penses in an amount not to exceed $1,500; $218,346,000, 

10 to remain available until expended, of which $208,642,000 

11 shall be derived from the Department of the Interior Rec12 lamation Fund: Provided, That of the amount herein ap13 propriated, $7,342,000 is for deposit into the Utah Rec14 lamation Mitigation and Conservation Account pursuant 

15 to title IV of the Reclamation Projects Authorization and 

16 Adjustment Act of 1992: Provided further, That notwith17 standing the provision of 31 U.S.C. 3302, up to 

18 $403,118,000 collected by the Western Area Power Ad19 ministration pursuant to the Flood Control Act of 1944 

20 and the Reclamation Project Act of 1939 to recover pur21 chase power and wheeling expenses shall be credited to 

22 this account as offsetting collections, to remain available 

23 until expended for the sole purpose of making purchase 

24 power and wheeling expenditures. 
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1 FALCON AND AMISTAD OPERATING AND MAINTENANCE

2 FUND

3 For operation, maintenance, and emergency costs for 

4 the hydroelectric facilities at the Falcon and Amistad 

5 Dams, $2,959,000, to remain available until expended, 

6 and to be derived from the Falcon and Amistad Operating 

7 and Maintenance Fund of the Western Area Power Ad8 ministration, as provided in section 423 of the Foreign 

9 Relations Authorization Act, Fiscal Years 1994 and 1995. 

10 FEDERAL ENERGY REGULATORY COMMISSION

11 SALARIES AND EXPENSES

12 For necessary expenses of the Federal Energy Regu13 latory Commission to carry out the provisions of the De14 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

16 the hire of passenger motor vehicles, and official reception 

17 and representation expenses not to exceed $3,000, 

18 $273,400,000, to remain available until expended: Pro19 vided, That notwithstanding any other provision of law, 

20 not to exceed $273,400,000 of revenues from fees and an21 nual charges, and other services and collections in fiscal 

22 year 2009 shall be retained and used for necessary ex23 penses in this account, and shall remain available until 

24 expended: Provided further, That the sum herein appro25 priated from the general fund shall be reduced as revenues 
55 

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1 are received during fiscal year 2009 so as to result in a 

2 final fiscal year 2009 appropriation from the general fund 

3 estimated at not more than $0. 

4 GENERAL PROVISIONS—DEPARTMENT OF 

5 ENERGY 

6 SEC. 301. DOWNBLENDING HIGHLY ENRICHED URA7 NIUM. The USEC Privatization Act (42 U.S.C. 2297h et 

8 seq.) is amended— 

9 (1) in section 3102, by striking ‘‘For purposes’’ 

10 and inserting ‘‘Except as provided in section 3112A, 

11 for purposes’’; and 

12 (2) by inserting after section 3112 the fol13 lowing: 

14 ‘‘SEC. 3112A. INCENTIVES FOR ADDITIONAL 

15 DOWNBLENDING OF HIGHLY ENRICHED URA16 NIUM BY THE RUSSIAN FEDERATION. 

17 ‘‘(a) DEFINITIONS.—In this section: 

18 ‘‘(1) COMPLETION OF THE RUSSIAN HEU

19 AGREEMENT.—The term ‘completion of the Russian 

20 HEU Agreement’ means the importation into the 

21 United States from the Russian Federation pursu22 ant to the Russian HEU Agreement of uranium de23 rived from the downblending of not less than 500 

24 metric tons of highly enriched uranium of weapons 

25 origin. 
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1 ‘‘(2) DOWNBLENDING.—The term 

2 ‘downblending’ means processing highly enriched 

3 uranium into a uranium product in any form in 

4 which the uranium contains less than 20 percent 

5 uranium-235. 

6 ‘‘(3) HIGHLY ENRICHED URANIUM.—The term 

7 ‘highly enriched uranium’ has the meaning given 

8 that term in section 3102(4). 

9 ‘‘(4) HIGHLY ENRICHED URANIUM OF WEAPONS

10 ORIGIN.—The term ‘highly enriched uranium of 

11 weapons origin’ means highly enriched uranium 

12 that— 

13 ‘‘(A) contains 90 percent or more uranium14 235; and 

15 ‘‘(B) is verified by the Secretary of Energy 

16 to be of weapons origin. 

17 ‘‘(5) LOW-ENRICHED URANIUM.—The term 

18 ‘low-enriched uranium’ means a uranium product in 

19 any form, including uranium hexafluoride (UF6) and 

20 uranium oxide (UO2), in which the uranium contains 

21 less than 20 percent uranium-235, including natural 

22 uranium, without regard to whether the uranium is 

23 incorporated into fuel rods or complete fuel assem24 blies. 
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1 ‘‘(6) RUSSIAN HEU AGREEMENT.—The term 

2 ‘Russian HEU Agreement’ has the meaning given 

3 that term in section 3102(11). 

4 ‘‘(7) URANIUM-235.—The term ‘uranium-235’ 

means the isotope 5 235U. 

6 ‘‘(b) STATEMENT OF POLICY.—It is the policy of the 

7 United States to support the continued downblending of 

8 highly enriched uranium of weapons origin in the Russian 

9 Federation in order to protect the essential security inter10 ests of the United States with respect to the nonprolifera11 tion of nuclear weapons. 

12 ‘‘(c) PROMOTION OF DOWNBLENDING OF RUSSIAN

13 HIGHLY ENRICHED URANIUM.— 

14 ‘‘(1) COMPLETION OF THE RUSSIAN HEU

15 AGREEMENT.—Prior to the completion of the Rus16 sian HEU Agreement, the importation into the 

17 United States of low-enriched uranium, including 

18 low-enriched uranium obtained under contracts for 

19 separative work units, that is produced in the Rus20 sian Federation and is not imported pursuant to the 

21 Russian HEU Agreement, may not exceed the fol22 lowing amounts: 

23 ‘‘(A) In the 4-year period beginning with 

24 calendar year 2008, 16,559 kilograms. 
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1 ‘‘(B) In calendar year 2012, 24,839 kilo2 grams. 

3 ‘‘(C) In calendar year 2013 and each cal4 endar year thereafter through the calendar year 

5 of the completion of the Russian HEU Agree6 ment, 41,398 kilograms. 

7 ‘‘(2) INCENTIVES TO CONTINUE

8 DOWNBLENDING RUSSIAN HIGHLY ENRICHED URA9 NIUM AFTER THE COMPLETION OF THE RUSSIAN

10 HEU AGREEMENT.— 

11 ‘‘(A) IN GENERAL.—After the completion 

12 of the Russian HEU Agreement, the importa13 tion into the United States of low-enriched ura14 nium, including low-enriched uranium obtained 

15 under contracts for separative work units, that 

16 is produced in the Russian Federation, whether 

17 or not such low-enriched uranium is derived 

18 from highly enriched uranium of weapons ori19 gin, may not exceed— 

20 ‘‘(i) in calendar year 2014, 485,279 

21 kilograms; 

22 ‘‘(ii) in calendar year 2015, 455,142 

23 kilograms; 

24 ‘‘(iii) in calendar year 2016, 480,146 

25 kilograms; 
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1 ‘‘(iv) in calendar year 2017, 490,710 

2 kilograms; 

3 ‘‘(v) in calendar year 2018, 492,731 

4 kilograms; 

5 ‘‘(vi) in calendar year 2019, 509,058 

6 kilograms; and 

7 ‘‘(vii) in calendar year 2020, 514,754 

8 kilograms. 

9 ‘‘(B) ADDITIONAL IMPORTS IN EXCHANGE

10 FOR A COMMITMENT TO DOWNBLEND AN ADDI11 TIONAL 300 METRIC TONS OF HIGHLY EN12 RICHED URANIUM.— 

13 ‘‘(i) IN GENERAL.—In addition to the 

14 amount authorized to be imported under 

15 subparagraph (A) and except as provided 

16 in clause (ii), if the Russian Federation en17 ters into a bilateral agreement with the 

18 United States under which the Russian 

19 Federation agrees to downblend an addi20 tional 300 metric tons of highly enriched 

21 uranium after the completion of the Rus22 sian HEU Agreement, 4 kilograms of low23 enriched uranium, whether or not such 

24 low-enriched uranium is derived from high25 ly enriched uranium of weapons origin and 
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1 including low-enriched uranium obtained 

2 under contracts for separative work units, 

3 may be imported in a calendar year for 

4 every 1 kilogram of Russian highly en5 riched uranium of weapons origin that was 

6 downblended in the preceding calendar 

7 year, subject to the verification of the Sec8 retary of Energy under paragraph (9). 

9 ‘‘(ii) MAXIMUM ANNUAL IMPORTS.— 

10 Not more than 120,000 kilograms of low11 enriched uranium may be imported in a 

12 calendar year under clause (i). 

13 ‘‘(3) EXCEPTIONS.—The import limitations de14 scribed in paragraphs (1) and (2) shall not apply to 

15 low-enriched uranium produced in the Russian Fed16 eration that is imported into the United States— 

17 ‘‘(A) for use in the initial core of a new 

18 nuclear reactor; 

19 ‘‘(B) for processing and to be certified for 

20 re-exportation and not for consumption in the 

21 United States; or 

22 ‘‘(C) to be added to the inventory of the 

23 Department of Energy. 

24 ‘‘(4) ADJUSTMENTS TO IMPORT LIMITATIONS.— 
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1 ‘‘(A) IN GENERAL.—The import limita2 tions described in paragraph (2)(A) are based 

3 on the reference data in the 2005 Market Re4 port on the Global Nuclear Fuel Market Supply 

5 and Demand 2005–2030 of the World Nuclear 

6 Association. In each of calendar years 2016 and 

7 2019, the Secretary of Commerce shall review 

8 the projected demand for uranium for nuclear 

9 reactors in the United States and adjust the 

10 import limitations described in paragraph 

11 (2)(A) to account for changes in such demand 

12 in years after the year in which that report or 

13 a subsequent report is published. 

14 ‘‘(B) INCENTIVE ADJUSTMENT.—Begin15 ning in the second calendar year after the cal16 endar year of the completion of the Russian 

17 HEU Agreement, the Secretary of Energy shall 

18 increase or decrease the amount of low-enriched 

19 uranium that may be imported in a calendar 

20 year under paragraph (2)(B) (including the 

21 amount of low-enriched uranium that may be 

22 imported for each kilogram of highly enriched 

23 uranium downblended under paragraph 

24 (2)(B)(i)) by a percentage equal to the percent25 age increase or decrease, as the case may be, in 
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1 the average amount of uranium loaded into nu2 clear power reactors in the United States in the 

3 most recent 3-calendar-year period for which 

4 data are available, as reported by the Energy 

5 Information Administration of the Department 

6 of Energy, compared to the average amount of 

7 uranium loaded into such reactors during the 3- 

8 calendar-year period beginning on January 1, 

9 2011, as reported by the Energy Information 

10 Administration. 

11 ‘‘(C) PUBLICATION OF ADJUSTMENTS.—As 

12 soon as practicable, but not later than July 31 

13 of each calendar year, the Secretary of Energy 

14 shall publish in the Federal Register the 

15 amount of low-enriched uranium that may be 

16 imported in the current calendar year after the 

17 adjustments under subparagraph (B). 

18 ‘‘(5) AUTHORITY FOR ADDITIONAL ADJUST19 MENT.—In addition to the adjustment under para20 graph (4)(A), the Secretary of Commerce may ad21 just the import limitations under paragraph (2)(A) 

22 for a calendar year if the Secretary— 

23 ‘‘(A) in consultation with the Secretary of 

24 Energy, determines that the available supply of 

25 low-enriched uranium and the available stock-
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1 piles of uranium of the Department of Energy 

2 are insufficient to meet demand in the United 

3 States in the following calendar year; and 

4 ‘‘(B) notifies Congress of the adjustment 

5 not less than 45 days before making the adjust6 ment. 

7 ‘‘(6) EQUIVALENT QUANTITIES OF LOW-EN8 RICHED URANIUM IMPORTS.— 

9 ‘‘(A) IN GENERAL.—The import limita10 tions described in paragraphs (1) and (2) are 

11 expressed in terms of uranium containing 4.4 

12 percent uranium-235 and a tails assay of 0.3 

13 percent. 

14 ‘‘(B) ADJUSTMENT FOR OTHER URA15 NIUM.—Imports of low-enriched uranium under 

16 paragraphs (1) and (2), including low-enriched 

17 uranium obtained under contracts for separa18 tive work units, shall count against the import 

19 limitations described in such paragraphs in 

20 amounts calculated as the quantity of low-en21 riched uranium containing 4.4 percent ura22 nium-235 necessary to equal the total amount 

23 of uranium-235 contained in such imports. 

24 ‘‘(7) DOWNBLENDING OF OTHER HIGHLY EN25 RICHED URANIUM.— 
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1 ‘‘(A) IN GENERAL.—The downblending of 

2 highly enriched uranium not of weapons origin 

3 may be counted for purposes of paragraph 

4 (2)(B), subject to verification under paragraph 

5 (9), if the Secretary of Energy determines that 

6 the highly enriched uranium to be downblended 

7 poses a risk to the national security of the 

8 United States. 

9 ‘‘(B) EQUIVALENT QUANTITIES OF HIGHLY

10 ENRICHED URANIUM.—For purposes of deter11 mining the additional low-enriched uranium im12 ports allowed under paragraph (2)(B), highly 

13 enriched uranium not of weapons origin 

14 downblended pursuant to subparagraph (A) 

15 shall count as downblended highly enriched ura16 nium of weapons origin in amounts calculated 

17 as the quantity of highly enriched uranium con18 taining 90 percent uranium-235 necessary to 

19 equal the total amount of uranium-235 con20 tained in the highly enriched uranium not of 

21 weapons origin downblended pursuant to sub22 paragraph (A). 

23 ‘‘(8) TERMINATION OF IMPORT RESTRIC24 TIONS.—The provisions of this subsection shall ter25 minate on December 31, 2020. 
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1 ‘‘(9) TECHNICAL VERIFICATIONS BY SEC2 RETARY OF ENERGY.— 

3 ‘‘(A) IN GENERAL.—The Secretary of En4 ergy shall verify the origin, quantity, and ura5 nium-235 content of the highly enriched ura6 nium downblended for purposes of paragraphs 

7 (2)(B) and (7). 

8 ‘‘(B) METHODS OF VERIFICATION.—In 

9 conducting the verification required under sub10 paragraph (A), the Secretary of Energy shall 

11 employ the transparency measures and access 

12 provisions agreed to under the Russian HEU 

13 Agreement for monitoring the downblending of 

14 Russian highly enriched uranium of weapons 

15 origin and such other methods as the Secretary 

16 determines appropriate. 

17 ‘‘(10) ENFORCEMENT OF IMPORT LIMITA18 TIONS.—The Secretary of Commerce shall be re19 sponsible for enforcing the import limitations im20 posed under this subsection and shall enforce such 

21 import limitations in a manner that imposes a mini22 mal burden on the commercial nuclear industry. 

23 ‘‘(11) EFFECT ON OTHER AGREEMENTS.— 

24 ‘‘(A) RUSSIAN HEU AGREEMENT.—Noth25 ing in this section shall be construed to modify 
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1 the terms of the Russian HEU Agreement, in2 cluding the provisions of the Agreement relating 

3 to the amount of low-enriched uranium that 

4 may be imported into the United States. 

5 ‘‘(B) OTHER AGREEMENTS.—If a provision 

6 of any agreement between the United States 

7 and the Russian Federation, other than the 

8 Russian HEU Agreement, relating to the im9 portation of low-enriched uranium, including 

10 low-enriched uranium obtained under contracts 

11 for separative work units, into the United 

12 States conflicts with a provision of this section, 

13 the provision of this section shall supersede the 

14 provision of the agreement to the extent of the 

15 conflict.’’. 

16 SEC. 302. UNFUNDED REQUESTS FOR PROPOSALS. 

17 None of the funds appropriated by this Act may be used 

18 to prepare or initiate Requests For Proposals (RFPs) for 

19 a program if the program has not been funded by Con20 gress. 

21 SEC. 303. WORKFORCE RESTRUCTURING. None of 

22 the funds appropriated by this Act may be used to— 

23 (1) develop or implement a workforce restruc24 turing plan that covers employees of the Department 

25 of Energy; or 
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1 (2) provide enhanced severance payments or 

2 other benefits for employees of the Department of 

3 Energy, under section 3161 of the National Defense 

4 Authorization Act for Fiscal Year 1993 (Public Law 

5 102–484; 42 U.S.C. 7274h). 

6 SEC. 304. SECTION 3161 ASSISTANCE. None of the 

7 funds appropriated by this Act may be used to augment 

8 the funds made available for obligation by this Act for sev9 erance payments and other benefits and community assist10 ance grants under section 3161 of the National Defense 

11 Authorization Act for Fiscal Year 1993 (Public Law 102– 

12 484; 42 U.S.C. 7274h) unless the Department of Energy 

13 submits a reprogramming request to the appropriate con14 gressional committees. 

15 SEC. 305. UNEXPENDED BALANCES. The unex16 pended balances of prior appropriations provided for ac17 tivities in this Act may be available to the same appropria18 tion accounts for such activities established pursuant to 

19 this title. Available balances may be merged with funds 

20 in the applicable established accounts and thereafter may 

21 be accounted for as one fund for the same time period 

22 as originally enacted. 

23 SEC. 306. BONNEVILLE POWER AUTHORITY SERV24 ICE TERRITORY. None of the funds in this or any other 

25 Act for the Administrator of the Bonneville Power Admin-
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1 istration may be used to enter into any agreement to per2 form energy efficiency services outside the legally defined 

3 Bonneville service territory, with the exception of services 

4 provided internationally, including services provided on a 

5 reimbursable basis, unless the Administrator certifies in 

6 advance that such services are not available from private 

7 sector businesses. 

8 SEC. 307. USER FACILITIES. When the Department 

9 of Energy makes a user facility available to universities 

10 or other potential users, or seeks input from universities 

11 or other potential users regarding significant characteris12 tics or equipment in a user facility or a proposed user fa13 cility, the Department shall ensure broad public notice of 

14 such availability or such need for input to universities and 

15 other potential users. When the Department of Energy 

16 considers the participation of a university or other poten17 tial user as a formal partner in the establishment or oper18 ation of a user facility, the Department shall employ full 

19 and open competition in selecting such a partner. For pur20 poses of this section, the term ‘‘user facility’’ includes, but 

21 is not limited to: (1) a user facility as described in section 

22 2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 

23 13503(a)(2)); (2) a National Nuclear Security Adminis24 tration Defense Programs Technology Deployment Cen-
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1 ter/User Facility; and (3) any other Departmental facility 

2 designated by the Department as a user facility. 

3 SEC. 308. INTELLIGENCE ACTIVITIES. Funds appro4 priated by this or any other Act, or made available by the 

5 transfer of funds in this Act, for intelligence activities are 

6 deemed to be specifically authorized by the Congress for 

7 purposes of section 504 of the National Security Act of 

8 1947 (50 U.S.C. 414) during fiscal year 2009 until the 

9 enactment of the Intelligence Authorization Act for fiscal 

10 year 2009. 

11 SEC. 309. LABORATORY DIRECTED RESEARCH AND

12 DEVELOPMENT. Of the funds made available by the De13 partment of Energy for activities at government-owned, 

14 contractor-operator operated laboratories funded in this 

15 Act or subsequent Energy and Water Development Appro16 priations Acts, the Secretary may authorize a specific 

17 amount, not to exceed 10 percent of such funds, to be used 

18 by such laboratories for laboratory-directed research and 

19 development: Provided, That the Secretary may also au20 thorize a specific amount not to exceed 6 percent of such 

21 funds, to be used by the plant manager of a covered nu22 clear weapons production plant or the manager of the Ne23 vada Site Office for plant or site-directed research and de24 velopment: Provided further, That notwithstanding De25 partment of Energy order 413.2A, dated January 8, 2001, 
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1 beginning in fiscal year 2006 and thereafter, all DOE lab2 oratories may be eligible for laboratory directed research 

3 and development funding. 

4 SEC. 310. Not to exceed 5 percent of any appropria5 tion made available for Department of Energy activities 

6 funded in this Act or subsequent Energy and Water Devel7 opment Appropriations Acts may be transferred between 

8 such appropriations, but no such appropriation, except as 

9 otherwise provided, shall be increased or decreased by 

10 more than 5 percent by any such transfers, and notifica11 tion of such transfers shall be submitted promptly to the 

12 Committees on Appropriations of the House and Senate. 

13 SEC. 311. GENERAL PLANT PROJECTS. Plant or con14 struction projects for which amounts are made available 

15 under this and subsequent appropriation Acts with a cur16 rent estimated cost of less than $10,000,000 are consid17 ered for purposes of section 4703 of Public Law 107–314 

18 as a plant project for which the approved total estimated 

19 cost does not exceed the minor construction threshold and 

20 for purposes of section 4704 of Public Law 107–314 as 

21 a construction project with a current estimated cost of less 

22 than a minor construction threshold. 

23 SEC. 312. RENO HYDROGEN FUEL PROJECT. (a) The 

24 non-Federal share of project costs shall be 20 percent. 
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1 (b) The cost of project vehicles, related facilities, and 

2 other activities funded from the Federal Transit Adminis3 tration sections 5307, 5308, 5309, and 5314 program, in4 cluding the non-Federal share for the FTA funds, is an 

5 eligible component of the non-Federal share for this 

6 project. 

7 (c) Contribution of the non-Federal share of project 

8 costs for all grants made for this project may be deferred 

9 until the entire project is completed. 

10 (d) All operations and maintenance costs associated 

11 with vehicles, equipment, and facilities utilized for this 

12 project are eligible project costs. 

13 (e) This section applies to project appropriations be14 ginning in fiscal year 2004. 

15 SEC. 313. INTEGRATED UNIVERSITY PROGRAM. (a) 

16 The Secretary of Energy, along with the Administrator 

17 of the National Nuclear Security Administration and the 

18 Chairman of the Nuclear Regulatory Commission, shall es19 tablish an Integrated University Program. 

20 (b) For the purposes of carrying out this section, 

21 $45,000,000 is authorized to be appropriated in each of 

22 fiscal years 2009 to 2019 as follows: 

23 (1) $15,000,000 for the Department of Energy; 

24 (2) $15,000,000 for the Nuclear Regulatory 

25 Commission; and 
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1 (3) $15,000,000 for the National Nuclear Secu2 rity Administration. 

3 (c) Of the amounts authorized to carry out this sec4 tion, $10,000,000 shall be used by each organization to 

5 support university research and development in areas rel6 evant to their respective organization’s mission, and 

7 $5,000,000 shall be used by each organization to support 

8 a jointly implemented Nuclear Science and Engineering 

9 Grant Program that will support multiyear research 

10 projects that do not align with programmatic missions but 

11 are critical to maintaining the discipline of nuclear science 

12 and engineering. 

13 SEC. 314. NAMING LABORATORY FACILITIES. Facili14 ties at Sandia National Laboratories and Los Alamos Na15 tional Laboratory, New Mexico, shall be named in honor 

16 of Senator Pete V. Domenici in recognition of his excep17 tional service in the national interest and his steadfast 

18 support of scientific excellence at our national labora19 tories. 

20 TITLE IV 

21 INDEPENDENT AGENCIES 

22 APPALACHIAN REGIONAL COMMISSION

23 For expenses necessary to carry out the programs au24 thorized by the Appalachian Regional Development Act of 

25 1965, as amended, not withstanding 40 U.S.C. 14704, 
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1 and, for necessary expenses for the Federal Co-Chairman 

2 and the Alternate on the Appalachian Regional Commis3 sion, for payment of the Federal share of the administra4 tive expenses of the Commission, including services as au5 thorized by 5 U.S.C. 3109, and hire of passenger motor 

6 vehicles, $85,000,000, to remain available until expended: 

7 Provided, That any congressionally directed spending shall 

8 be taken from within that State’s allocation in the fiscal 

9 year in which it is provided. 

10 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

11 SALARIES AND EXPENSES

12 For necessary expenses of the Defense Nuclear Fa13 cilities Safety Board in carrying out activities authorized 

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

15 Law 100–456, section 1441, $25,499,000, to remain 

16 available until expended. 

17 DELTA REGIONAL AUTHORITY

18 SALARIES AND EXPENSES

19 For necessary expenses of the Delta Regional Author20 ity and to carry out its activities, as authorized by the 

21 Delta Regional Authority Act of 2000, as amended, not22 withstanding sections 382C(b)(2), 382F(d), 382M, and 

23 382N of said Act, $20,000,000, to remain available until 

24 expended. 
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1 DENALI COMMISSION

2 For expenses of the Denali Commission including the 

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

5 $21,800,000, to remain available until expended, notwith6 standing the limitations contained in section 306(g) of the 

7 Denali Commission Act of 1998. 

8 NUCLEAR REGULATORY COMMISSION

9 SALARIES AND EXPENSES

10 For necessary expenses of the Commission in car11 rying out the purposes of the Energy Reorganization Act 

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

13 as amended, including official representation expenses 

14 (not to exceed $25,000), $1,022,956,000, to remain avail15 able until expended: Provided, That of the amount appro16 priated herein, $37,300,000 shall be derived from the Nu17 clear Waste Fund: Provided further, That revenues from 

18 licensing fees, inspection services, and other services and 

19 collections estimated at $860,857,000 in fiscal year 2009 

20 shall be retained and used for necessary salaries and ex21 penses in this account, notwithstanding 31 U.S.C. 3302, 

22 and shall remain available until expended: Provided fur23 ther, That the sum herein appropriated shall be reduced 

24 by the amount of revenues received during fiscal year 

25 2009 so as to result in a final fiscal year 2009 appropria-
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1 tion estimated at not more than $162,099,000: Provided 

2 further, That such funds as are made available for nec3 essary expenses of the Commission by this Act or any 

4 other Act may be used for the acquisition and lease of 

5 additional office space provided by the General Services 

6 Administration for personnel of the U.S. Nuclear Regu7 latory Commission as close as reasonably possible to the 

8 Commission’s headquarters location in Rockville, Mary9 land, and of such square footage and for such lease term, 

10 as are determined by the Commission to be necessary to 

11 maintain the agency’s regulatory effectiveness, efficiency, 

12 and emergency response capability: Provided further, That 

13 notwithstanding any other provision of law or any pre14 vailing practice, the acquisition and lease of space for such 

15 purpose shall, to the extent necessary to obtain the space, 

16 be based on the prevailing rates in the immediate vicinity 

17 of the Commission’s headquarters. 

18 OFFICE OF INSPECTOR GENERAL

19 For necessary expenses of the Office of Inspector 

20 General in carrying out the provisions of the Inspector 

21 General Act of 1978, as amended, $9,344,000, to remain 

22 available until expended: Provided, That revenues from li23 censing fees, inspection services, and other services and 

24 collections estimated at $8,410,000 in fiscal year 2009 

25 shall be retained and be available until expended, for nec26 essary salaries and expenses in this account, notwith-
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1 standing 31 U.S.C. 3302: Provided further, That the sum 

2 herein appropriated shall be reduced by the amount of rev3 enues received during fiscal year 2009 so as to result in 

4 a final fiscal year 2009 appropriation estimated at not 

5 more than $934,000. 

6 NUCLEAR WASTE TECHNICAL REVIEW BOARD

7 SALARIES AND EXPENSES

8 For necessary expenses of the Nuclear Waste Tech9 nical Review Board, as authorized by Public Law 100– 

10 203, section 5051, $3,811,000, to be derived from the Nu11 clear Waste Fund, and to remain available until expended. 

12 OFFICE OF THE FEDERAL COORDINATOR FOR ALASKA

13 NATURAL GAS TRANSPORTATION PROJECTS

14 For necessary expenses for the Office of the Federal 

15 Coordinator for Alaska Natural Gas Transportation 

16 Projects pursuant to the Alaska Natural Gas Pipeline Act 

17 of 2004, $4,400,000: Provided, That any fees, charges, or 

18 commissions received pursuant to section 802 of Public 

19 Law 110–140 in fiscal year 2009 in excess of $4,660,000 

20 shall not be available for obligation until appropriated in 

21 a subsequent Act of Congress. 

22 TITLE V 

23 GENERAL PROVISIONS 

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

25 may be used in any way, directly or indirectly, to influence 
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1 congressional action on any legislation or appropriation 

2 matters pending before Congress, other than to commu3 nicate to Members of Congress as described in 18 U.S.C. 

4 1913. 

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

6 Act may be transferred to any department, agency, or in7 strumentality of the United States Government, except 

8 pursuant to a transfer made by, or transfer authority pro9 vided in this Act or any other appropriation Act. 

10 This Act may be cited as the ‘‘Energy and Water De11 velopment and Related Agencies Appropriations Act, 

12 2009’’. 
Calendar No. 876 

110TH CONGRESS 

2D SESSION S. 3258 

[Report No. 110–416] 

A BILL 

Making appropriations for energy and water develposes. ending September 30, 2009, and for other pur- opment and related agencies for the fiscal year 

JULY 14, 2008 

Read twice and placed on the calendar