II 

Calendar No. 478 

111TH CONGRESS 

2D SESSION S. 3635 

[Report No. 111–228] 

Making appropriations for energy and water development and related agencies 

for the fiscal year ending September 30, 2011, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2010 

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, 2011, 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 en5 ergy and water development and related agencies for the 

6 fiscal year ending September 30, 2011, and for other pur7 poses, namely: 
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1 TITLE I 

2 CORPS OF ENGINEERS—CIVIL 

3 DEPARTMENT OF THE ARMY 

4 CORPS OF ENGINEERS—CIVIL

5 The following appropriations shall be expended under 

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

9 and harbors, flood and storm damage reduction, shore 

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

12 INVESTIGATIONS

13 For expenses necessary where authorized by law for 

14 the collection and study of basic information pertaining 

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

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

18 and specifications of proposed river and harbor, flood and 

19 storm damage reduction, shore protection, and aquatic 

20 ecosystem restoration projects and related efforts prior to 

21 construction; for restudy of authorized projects; and for 

22 miscellaneous investigations and, when authorized by law, 

23 surveys and detailed studies, and plans and specifications 

24 of projects prior to construction, $166,000,000, to remain 

25 available until expended. 
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1 CONSTRUCTION

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses necessary for the construction of river 

4 and harbor, flood and storm damage reduction, shore pro5 tection, aquatic ecosystem restoration, and related 

6 projects authorized by law; for conducting detailed studies, 

7 and plans and specifications, of such projects (including 

8 those involving participation by States, local governments, 

9 or private groups) authorized or made eligible for selection 

10 by law (but such detailed studies, and plans and specifica11 tions, shall not constitute a commitment of the Govern12 ment to construction); $1,780,000,000, to remain avail13 able until expended; of which such sums as are necessary 

14 to cover the Federal share of construction costs for facili15 ties under the Dredged Material Disposal Facilities pro16 gram shall be derived from the Harbor Maintenance Trust 

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

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

19 of construction, replacement, rehabilitation, and expansion 

20 of inland waterways projects (including only Kentucky 

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

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

23 and Dam 27, Mississippi River, Illinois; Markland Locks 

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

25 Illinois and Kentucky; and Emsworth Locks and Dam, 
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1 Ohio River, Pennsylvania) shall be derived from the Inland 

2 Waterways Trust Fund: Provided, That the Chief of Engi3 neers is directed to use $20,000,000 of the funds appro4 priated herein for the Dallas Floodway Extension, Texas, 

5 project, including the Cadillac Heights feature, generally 

6 in accordance with the Chief of Engineers report dated 

7 December 7, 1999: Provided further, That the Chief of En8 gineers is directed to use $20,000,000 of the funds appro9 priated herein for construction-related activities for flood 

10 risk management in the Fargo, North Dakota-Moorhead, 

11 Minnesota Metropolitan Area subject to a project being 

12 found technically sound, environmentally sustainable, and 

13 economically viable: Provided further, That the Chief of 

14 Engineers is directed to use $1,500,000 of funds available 

15 for the Greenbrier Basin, Marlinton, West Virginia, Local 

16 Protection Project to continue engineering and design ef17 forts, execute a project partnership agreement for phases 

18 1 and 2, and initiate construction of the project substan19 tially in accordance with Alternative 1 as described in the 

20 Corps of Engineers Final Detailed Project Report and En21 vironmental Impact Statement for Marlinton, West Vir22 ginia Local Protection Project dated September 2008 with 

23 the Federal and non-Federal cost shares determined in ac24 cordance with the ability-to-pay provisions prescribed in 

25 section 103(m) of the Water Resources Development Act 
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1 of 1986: Provided further, That the Chief of Engineers is 

2 directed to use $2,750,000 of the funds appropriated here3 in to continue planning, engineering, design or construc4 tion of the Lower Mingo County, Upper Mingo County, 

5 Wayne County, McDowell County, West Virginia, ele6 ments of the Levisa and Tug Forks of the Big Sandy 

7 River and Upper Cumberland River Project. 

8 MISSISSIPPI RIVER AND TRIBUTARIES

9 For expenses necessary for flood damage reduction 

10 projects and related efforts in the Mississippi River allu11 vial valley below Cape Girardeau, Missouri, as authorized 

12 by law, $335,000,000, to remain available until expended, 

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

14 share of eligible operation and maintenance costs for in15 land harbors shall be derived from the Harbor Mainte16 nance Trust Fund: Provided, That the Secretary of the 

17 Army, acting through the Chief of Engineers is directed 

18 to use $16,000,000 appropriated herein for construction 

19 of water withdrawal features of the Grand Prairie, Arkan20 sas, project. 

21 OPERATION AND MAINTENANCE

22 For expenses necessary for the operation, mainte23 nance, and care of existing river and harbor, flood and 

24 storm damage reduction, aquatic ecosystem restoration, 

25 and related projects authorized by law; providing security 
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1 for infrastructure owned or operated by the Corps, includ2 ing administrative buildings and laboratories; maintaining 

3 harbor channels provided by a State, municipality, or 

4 other public agency that serve essential navigation needs 

5 of general commerce, where authorized by law; surveying 

6 and charting northern and northwestern lakes and con7 necting waters; clearing and straightening channels; and 

8 removing obstructions to navigation, $2,495,000,000, to 

9 remain available until expended, of which such sums as 

10 are necessary to cover the Federal share of eligible oper11 ation and maintenance costs for coastal harbors and chan12 nels, and for inland harbors shall be derived from the Har13 bor Maintenance Trust Fund; of which such sums as be14 come available from the special account for the Corps es15 tablished by the Land and Water Conservation Act of 

16 1965 (16 U.S.C. 460l–6a(i)), shall be derived from that 

17 account for resource protection, research, interpretation, 

18 and maintenance activities related to resource protection 

19 in the areas at which outdoor recreation is available; and 

20 of which such sums as become available from fees collected 

21 under section 217 of the Water Resources Development 

22 Act of 1996 (Public Law 104–303) shall be used to cover 

23 the cost of operation and maintenance of the dredged ma24 terial disposal facilities for which such fees have been col25 lected: Provided, That 1 percent of the total amount of 
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1 funds provided for each of the programs, projects or activi2 ties funded under this heading shall not be allocated to 

3 a field operating activity prior to the beginning of the 

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

5 use by the Chief of Engineers to fund such emergency ac6 tivities as the Chief of Engineers determines to be nec7 essary and appropriate; and that the Chief of Engineers 

8 shall allocate during the fourth quarter any remaining 

9 funds which have not been used for emergency activities 

10 proportionally in accordance with the amounts provided 

11 for the programs, projects or activities. 

12 REGULATORY PROGRAM

13 For expenses necessary for administration of laws 

14 pertaining to regulation of navigable waters and wetlands, 

15 $193,000,000, to remain available until expended. 

16 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

17 For expenses necessary to clean up contamination 

18 from sites in the United States resulting from work per19 formed as part of the Nation’s early atomic energy pro20 gram, $130,000,000, to remain available until expended. 

21 FLOOD CONTROL AND COASTAL EMERGENCIES

22 For expenses necessary to prepare for flood, hurri23 cane, and other natural disasters and support emergency 

24 operations, repairs, and other activities in response to 
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1 such disasters as authorized by law, $30,000,000, to re2 main available until expended. 

3 EXPENSES

4 For expenses necessary for the supervision and gen5 eral administration of the civil works program in the head6 quarters of the United States Army Corps of Engineers 

7 and the offices of the Division Engineers; and for the man8 agement and operation of the Humphreys Engineer Cen9 ter Support Activity, the Institute for Water Resources, 

10 the United States Army Engineer Research and Develop11 ment Center, and the United States Army Corps of Engi12 neers Finance Center, $185,000,000, to remain available 

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

14 for official reception and representation purposes and only 

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

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

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

18 of the Chief of Engineers or the civil works executive di19 rection and management activities of the division offices: 

20 Provided further, That any Flood Control and Coastal 

21 Emergencies appropriation may be used to fund the super22 vision and general administration of emergency oper23 ations, repairs, and other activities in response to any 

24 flood, hurricane, or other natural disaster. 
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1 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY

2 FOR CIVIL WORKS

3 For the Office of the Assistant Secretary of the Army 

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

5 $6,000,000, to remain available until expended. 

6 ADMINISTRATIVE PROVISION

7 The Revolving Fund, Corps of Engineers, shall be 

8 available during the current fiscal year for purchase (not 

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

10 motor vehicles for the civil works program. 

11 GENERAL PROVISIONS, CORPS OF ENGINEERS—CIVIL

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

13 of this Act, or provided by previous appropriations Acts 

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

15 that remain available for obligation or expenditure in fiscal 

16 year 2011, shall be available for obligation or expenditure 

17 through a reprogramming of funds that: 

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

19 or activity; 

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

21 (3) increases funds or personnel for any pro22 gram, project, or activity for which funds have been 

23 denied or restricted by this Act, unless prior ap24 proval is received from the House and Senate Com25 mittees on Appropriations; 
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1 (4) proposes to uses funds directed for a spe2 cific activity for a different purpose, unless prior ap3 proval is received from the House and Senate Com4 mittees on Appropriations; 

5 (5) augments or reduces existing programs, 

6 projects or activities in excess of the amounts con7 tained in subsections 6 through 10, unless prior ap8 proval is received from the House and Senate Com9 mittees on Appropriations; 

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

11 $100,000, reprogramming of 25 percent of the base 

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

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

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

15 $25,000: Provided further, That up to $25,000 may 

16 be reprogrammed to continue ongoing work on any 

17 program, project, or activity that did not receive an 

18 appropriation for existing obligations and concomi19 tant administrative expenses; 

20 (7) CONSTRUCTION.—For a base level 

21 over$2,000,000, reprogramming of 15 percent of the 

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

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

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

25 limit is $300,000: Provided further, That up to 
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1 $3,000,000 may be reprogrammed for settled con2 tractor claims, changed conditions, or real estate de3 ficiency judgments: Provided further, That up to 

4 $300,000 may be reprogrammed into continuing any 

5 study or activity that did not receive an appropria6 tion for existing obligations and concomitant admin7 istrative expenses; 

8 (8) OPERATION AND MAINTENANCE.—Unlim9 ited reprogramming authority is granted in order for 

10 the Corps to be able to respond to emergencies: Pro11 vided, That the Chief of Engineers must notify the 

12 House and Senate Committees on Appropriations of 

13 these emergency actions as soon thereafter as prac14 ticable: Provided further, That for a base level over 

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

16 base amount up to a limit of $5,000,000 per project, 

17 study or activity is allowed: Provided further, That 

18 for a base level less than $1,000,000, the re19 programming limit is $150,000: Provided further, 

20 That up to $150,000 may be reprogrammed into 

21 continuing any study or activity that did not receive 

22 an appropriation; 

23 (9) MISSISSIPPI RIVER AND TRIBUTARIES.— 

24 The same reprogramming guidelines as provided in 

25 subsections 6 through 8 above apply to the Inves-
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1 tigations, Construction, and Operation and Mainte2 nance portions of the Mississippi River and Tribu3 taries Account; and 

4 (10) FORMERLY UTILIZED SITES REMEDIAL AC5 TION PROGRAM.—Reprogramming of up to 15 per6 cent of the base of the receiving project is permitted. 

7 (b) DE MINIMIS REPROGRAMMINGS.—In no case 

8 should a reprogramming for less than $50,000 be sub9 mitted to the House and Senate Committees on Appro10 priations. 

11 (c) CONTINUING AUTHORITIES PROGRAM.—Sub12 section (a)(1) shall not apply to any project or activity 

13 funded under the continuing authorities program. 

14 (d) Not later than 60 days after the date of enact15 ment of this Act, the Corps of Engineers shall submit a 

16 report to the House and Senate Committees on Appropria17 tions to establish the baseline for application of re18 programming and transfer authorities for the current fis19 cal year: Provided, That the report shall include: 

20 (1) A table for each appropriation with a sepa21 rate column to display the President’s budget re22 quest, adjustments made by Congress, adjustments 

23 due to enacted rescissions, if appropriate, and the 

24 fiscal year enacted level; 
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1 (2) A delineation in the table for each appro2 priation both by object class and program, project 

3 and activity as detailed in the budget appendix for 

4 the respective appropriations; and 

5 (3) An identification of items of special congres6 sional interest. 

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

8 Acts, making funds available to the Corps, shall be used 

9 to implement any pending or future competitive sourcing 

10 actions under OMB Circular A–76 or High Performing 

11 Organizations for the U.S. Army Corps of Engineers. 

12 SEC. 103. None of the funds in this Act, or previous 

13 Acts, making funds available to the Corps, shall be used 

14 to award any continuing contract that commits additional 

15 funding from the Inland Waterways Trust Fund unless 

16 or until such time that a long-term mechanism to enhance 

17 revenues in this Fund sufficient to meet the cost-sharing 

18 authorized in the Water Resources Development Act of 

19 1986 (Public Law 99–662), is enacted. 

20 SEC. 104. Within 120 days of the date of the Chief 

21 of Engineers Report on a water resource matter, the As22 sistant Secretary of the Army (Civil Works) shall submit 

23 the report to the appropriate authorizing and appro24 priating committees of the Congress. 
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1 SEC. 105. During the 1-year period beginning on the 

2 date of enactment of this Act, the Secretary of the Army 

3 shall implement measures recommended in the efficacy 

4 study, or provided in interim reports, authorized under 

5 section 3061 of the Water Resources Development Act of 

6 2007 (121 Stat. 1121), with such modifications or emer7 gency measures as the Secretary of the Army determines 

8 to be appropriate, to prevent aquatic nuisance species 

9 from bypassing the Chicago Sanitary and Ship Canal Dis10 persal Barrier Project referred to in that section and to 

11 prevent aquatic nuisance species from dispersing into the 

12 Great Lakes and such emergency measures as the Sec13 retary of the Army determines to be appropriate to pre14 vent such species from dispersing into the Great Lakes 

15 by way of any other hydrologic connections between the 

16 Great Lakes and the Mississippi River. 

17 SEC. 106. That portion of the project for navigation, 

18 Block Island Harbor of Refuge, Rhode Island adopted by 

19 the Rivers and Harbors Act of July 11, 1870, consisting 

20 of the cut-stone breakwater lining the west side of the 

21 Inner Basin: Beginning at a point with coordinates 

22 N32579.55, E312625.53, thence running northerly about 

23 76.59 feet to a point with coordinates N32655.92, 

24 E312631.32, thence running northerly about 206.81 feet 

25 to a point with coordinates N32858.33, E312673.74, 
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1 thence running easterly about 109.00 feet to a point with 

2 coordinates N32832.15, E312779.54, shall no longer be 

3 authorized after the date of enactment of this Act. 

4 RURAL UTAH

5 SEC. 107. Section 595(a)(2) of the Water Resources 

6 Development Act of 1999 (113 Stat. 383; 117 Stat. 1836) 

7 is amended— 

8 (1) in subparagraph (A), by striking ‘‘; and’’ 

9 and inserting a semicolon; 

10 (2) in subparagraph (B), by striking the period 

11 at the end and inserting ‘‘; and’’; and 

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

13 ‘‘(C) the portions of Utah County and 

14 Weber Counties that are located outside of a 

15 political subdivision, the population of which is 

16 greater than 10,000 residents.’’. 

17 SEC. 108. Section 595 of the Water Resources Devel18 opment Act of 1999 (113 Stat. 383; 117 Stat. 1836; 118 

19 Stat. 440), as amended by section 5067 of the Water Re20 sources Development Act of 2007 (121 Stat. 1219), is 

21 amended in subsection (h) by striking ‘‘150,000,000 for 

22 rural Nevada’’ and inserting ‘‘$200,000,000 for rural Ne23 vada’’. 

24 SEC. 109. (a) ACQUISITION.—The Secretary is au25 thorized to acquire any real property and associated real 
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1 property interests in the vicinity of Hanover, New Hamp2 shire as may be needed for the Engineer Research and 

3 Development Center laboratory facilities at the Cold Re4 gions Research and Engineering Laboratory. 

5 (b) REVOLVING FUND.—The Secretary is authorized 

6 to use the Revolving Fund (33 U.S.C. 576) through the 

7 Plant Replacement and Improvement Program to acquire 

8 the real property and associated real property interests in 

9 subsection (a). The Secretary shall ensure that the Revolv10 ing Fund is appropriately reimbursed from the benefitting 

11 appropriations. 

12 (c) RIGHT OF FIRST REFUSAL.—The Secretary may 

13 provide the seller of any real property and associated prop14 erty interests identified in subsection (a)— 

15 (1) a right of first refusal to acquire such prop16 erty, or any portion thereof, in the event the prop17 erty, or any portion thereof, is no longer needed by 

18 the Department of the Army. 

19 (2) a right of first refusal to acquire any real 

20 property or associated real property interests ac21 quired by condemnation in Civil Action No. 81–360– 

22 L, in the event the property, or any portion thereof, 

23 is no longer needed by the Department of the Army. 

24 (3) The purchase of any property by the seller 

25 exercising either right of first refusal authorized in 
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1 this section shall be for consideration acceptable to 

2 the Secretary and shall be for not less than fair 

3 market value at the time the property becomes avail4 able for purchase. The right of first refusal author5 ized in this section shall not inure to the benefit of 

6 the Seller’s successors or assigns. 

7 (d) DISPOSAL.—The Secretary of the Army is au8 thorized to dispose of any property or associated real prop9 erty interests that are subject to the exercise of the right 

10 of first refusal as set forth herein. 

11 SEC. 110. The Secretary of the Army, acting through 

12 the Chief of Engineers, is authorized, using amounts avail13 able in the Revolving Fund established by section 101 of 

14 the Act of July 27, 1953, chap. 245 (33 U.S.C. 576), to 

15 construct a Ship/Tow Simulator building, an Engineer Re16 search and Development Center headquarters building, 

17 and a Modular Hydraulic Flume building, and to purchase 

18 real estate, perform construction, and make facility, util19 ity, street, road, and infrastructure improvements to the 

20 Engineer Research and Development Center’s installa21 tions and facilities. The Secretary shall ensure that the 

22 Revolving Fund is appropriately reimbursed from the ben23 efitting appropriations. 

24 SEC. 111. Section 3113 of the Water Resources De25 velopment Act, 2007 (121 Stat. 1041) is amended by 
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1 striking all after the words ‘‘total cost of’’ and inserting 

2 in lieu thereof the following: ‘‘$38,800,000, with an esti3 mated Federal cost of $25,220,000 and an estimated non4 Federal cost of $13,580,000.’’ 

5 SEC. 112. The boundaries of the project referred to 

6 as ‘‘Des Moines Recreational River and Greenbelt, Iowa’’ 

7 in the Supplemental Appropriations Act, 1985 (99 Stat. 

8 313) are hereby expanded to include the entirety of sec9 tions 19 and 29, situated in T89N, R28W. 

10 SEC. 113. That portion of the project of navigation, 

11 Chicago Harbor, Illinois, authorized by the River and Har12 bor Acts of March 3, 1899 and March 2, 1919, and that 

13 begins at the southwest corner of the Metropolitan Sani14 tary District of Greater Chicago sluice gate that abuts the 

15 north wall of the Chicago River Lock and that continues 

16 north for approximately 290 feet, thence east approxi17 mately 1,000 feet, then south approximately 290 feet, 

18 thence west approximately 1,000 feet to the point of begin19 ning shall no longer be authorized as of the date of enact20 ment of this Act. 

21 DEVILS LAKE, NORTH DAKOTA, LONG-TERM

22 MAINTENANCE AND REPAIR

23 SEC. 114. (a) The Secretary shall assume responsi24 bility for the long-term maintenance and repair of the 

25 major flood damage reduction features constructed by the 
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1 Corps of Engineers at Devils Lake, North Dakota. The 

2 City of Devils Lake, North Dakota, shall be responsible 

3 for all costs of operation and maintenance other than 

4 those defined as Long-Term Maintenance and Repair in 

5 subsection (b) below. 

6 (b) Long-Term Maintenance and Repair consists of 

7 replacing, reconstructing, or rehabilitating major flood 

8 damage reduction features such as embankments, pump 

9 stations, pumps and gate wells that: (1) have become di10 lapidated or in need of repair as a result of the passage 

11 of time or ordinary wear and tear; or (2) have been dam12 aged or destroyed by wind, wave, or water action of other 

13 than an ordinary nature when, in the discretion of the Sec14 retary, such replacement, reconstruction, or rehabilitation 

15 is warranted for the continued functioning of the flood 

16 damage reduction project at Devils Lake. 

17 SEC. 115. Section 111 of title I of division C of the 

18 Consolidated Appropriations Act, 2005 (118 Stat. 2944) 

19 as amended by section 3001 of Public Law 110–114 is 

20 further amended by adding the following before ‘‘ ‘(c) AU21 THORIZATION OF APPROPRIATIONS.’ ’’: 

22 ‘‘ ‘(3) may grant to the City of Tuscaloosa a 

23 long term lease or license agreement for any portion 

24 of the Parcel not required for construction of the 

25 new administrative facility under subsection 
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1 (a)(2)(c) until such time as the City of Tuscaloosa 

2 is prepared to take fee simple title per the provisions 

3 of subsection (b)(2).’ ’’. 

4 SEC. 116. Section 333 of the Water Resources Devel5 opment Act of 1996 (110 Stat. 3718) is further amended 

6 to read as follows: 

7 (1) by striking subsection (b) and inserting the 

8 following in lieu thereof: 

9 ‘‘(b) Lands individually acquired by the Secretary 

10 under this section for flood protection and flood manage11 ment in the Passaic River Basin are to held by the Sec12 retary and the non-Federal sponsor as tenants in common 

13 with, thereafter, any interest held by the Secretary in such 

14 lands to be transferred by Quitclaim Deed to the Non15 Federal Sponsor for consideration as is necessary to 

16 render the project cost-sharing percentages to be in com17 pliance with section 903(c) of the Water Resources Devel18 opment Act of 1986 (33 U.S.C. 2213) and such other law 

19 as may be applicable.’’; and 

20 (2) inserting the following as a new subsection 

21 (e): 

22 ‘‘(e) FUNDS FOR LAND ACQUISITION.—Funds for ac23 quiring such lands as are necessary in carrying out the 

24 requirements of this section and requirements as further 

25 recommended by the Secretary shall include funds as pro-
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1 vided in subsection (c) and (d) of this section herein and 

2 also funds as previously appropriated with any and all 

3 such funds to be held by the Secretary for use in acquiring 

4 the requisite lands in proportion to the project cost-shar5 ing percentages.’’. 

6 SEC. 117. (a) The Federal share of the cost of any 

7 environmental infrastructure assistance project or pro8 gram for which an initial appropriation is provided in this 

9 Act or any other Act providing appropriations for Energy 

10 and Water Development for fiscal year 2011 shall be 55 

11 percent of the total cost of the project or program. 

12 (b) Any cost-sharing agreement executed on or before 

13 October 1, 2011 for an environmental infrastructure as14 sistance project or program that is modified during fiscal 

15 year 2012 shall also include a modification specifying that 

16 the Federal share of the cost of the project or program 

17 is 55 percent of all future costs of the project or program. 

18 (c) Any cost-sharing agreement in effect as of Octo19 ber 1, 2012 for which the Federal share of the cost is 

20 greater than 55 percent shall be modified to reduce the 

21 Federal cost share to 55 percent of all future costs. 

22 (d) Except as provided in subsections (b) and (c) of 

23 this section, as of October 1, 2012, the Federal share of 

24 the cost of any environmental infrastructure assistance 
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1 project or program shall be 55 percent of the total cost 

2 of the project or program. 

3 SEC. 118. Section 3182 of Public Law 110–114 is 

4 amended as follows by inserting a new subparagraph (k) 

5 and redesignating the existing subparagraph (k) as sub6 paragraph (l): 

7 ‘‘(k) ST. CHARLES COUNTY, MISSOURI.— 

8 ‘‘(1) DEFINITIONS.—In this subsection, the fol9 lowing definitions apply: 

10 ‘‘(A) FEDERAL LAND.—The term ‘Federal 

11 land’ means the 1 parcel of Corps of Engineers 

12 land totaling approximately 84 acres, located 

13 U.S. Survey No. 1838, Township 48 North, 

14 Range 6 East. 

15 ‘‘(B) NON-FEDERAL LAND.—The term 

16 ‘non-Federal land’ means the approximately 70 

17 acres of land, subject to any existing easements 

18 situated in Jersey County, Illinois, adjacent to 

19 existing Corps fee title land. 

20 ‘‘(2) LAND EXCHANGE.—Subject to paragraph 

21 (3), on conveyance by Ameren U.E. to the United 

22 States of all right, title, and interest in and to the 

23 non-Federal land, the Secretary shall convey to 

24 Ameren U.E., all right, title, and interest of the 

25 United States in and to the Federal land. 
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1 ‘‘(3) CONDITIONS.— 

2 ‘‘(A) DEEDS.— 

3 ‘‘(i) NON-FEDERAL LAND.—The con4 veyance of the non-Federal land to the 

5 Secretary shall be by a warranty deed ac6 ceptable to the Secretary. 

7 ‘‘(ii) FEDERAL LAND.—The convey8 ance of the Federal land to Ameren U.E., 

9 shall be— 

10 ‘‘(I) by quitclaim deed; and 

11 ‘‘(II) subject to any reservations, 

12 terms, and conditions that the Sec13 retary determines to be necessary to 

14 allow the United States to operate 

15 and maintain the Mississippi River 9- 

16 Foot Navigation Project. 

17 ‘‘(iii) LEGAL DESCRIPTIONS.—The 

18 Secretary shall provide a legal description 

19 of the Federal land, and Ameren U.E., 

20 shall provide a legal description of the non21 Federal land, for inclusion in the deeds re22 ferred to in clauses (i) and (ii). 

23 ‘‘(B) REMOVAL OF IMPROVEMENTS.— 

24 ‘‘(i) IN GENERAL.—The Secretary 

25 may require the removal of, or Ameren 
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1 U.E., may voluntarily remove, any im2 provements to the non-Federal land before 

3 the completion of the exchange or as a 

4 condition of the exchange. 

5 ‘‘(ii) NO LIABILITY.—If Ameren U.E., 

6 removes any improvements to the non-Fed7 eral land under clause (i)— 

8 ‘‘(I) Ameren U.E., shall have no 

9 claim against the United States relat10 ing to the removal; and 

11 ‘‘(II) the United States shall not 

12 incur or be liable for any cost associ13 ated with the removal or relocation of 

14 the improvements. 

15 ‘‘(C) ADMINISTRATIVE COSTS.—The Sec16 retary shall require Ameren U.E. to pay reason17 able administrative costs associated with the ex18 change. 

19 ‘‘(D) CASH EQUALIZATION PAYMENT.—If 

20 the appraised fair market value, as determined 

21 by the Secretary, of the Federal land exceeds 

22 the appraised fair market value, as determined 

23 by the Secretary, of the non-Federal land, 

24 Ameren U.E. shall make a cash equalization 

25 payment to the United States. 
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1 ‘‘(E) DEADLINE.—The land exchange 

2 under subparagraph (B) shall be completed not 

3 later than 2 years after the date of enactment 

4 of this Act.’’. 

5 TITLE II 

6 DEPARTMENT OF THE INTERIOR 

7 CENTRAL UTAH PROJECT

8 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

9 For carrying out activities authorized by the Central 

10 Utah Project Completion Act, $43,004,000, to remain 

11 available until expended, of which $2,500,000 shall be de12 posited into the Utah Reclamation Mitigation and Con13 servation Account for use by the Utah Reclamation Miti14 gation and Conservation Commission, and of which 

15 $1,694,000 for necessary expenses incurred in carrying 

16 out related responsibilities of the Secretary of the Interior. 

17 For fiscal year 2011, the Commission may use an amount 

18 not to exceed $1,500,000 for administrative expenses. 

19 BUREAU OF RECLAMATION

20 The following appropriations shall be expended to 

21 execute authorized functions of the Bureau of Reclama22 tion: 
26 

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1 WATER AND RELATED RESOURCES

2 (INCLUDING TRANSFERS OF FUNDS)

3 For management, development, and restoration of 

4 water and related natural resources and for related activi5 ties, including the operation, maintenance, and rehabilita6 tion of reclamation and other facilities, participation in 

7 fulfilling related Federal responsibilities to Native Ameri8 cans, and related grants to, and cooperative and other 

9 agreements with, State and local governments, federally 

10 recognized Indian tribes, and others, $938,600,000, to re11 main available until expended, of which $11,746,000 shall 

12 be available for transfer to the Upper Colorado River 

13 Basin Fund and $8,627,000 shall be available for transfer 

14 to the Lower Colorado River Basin Development Fund; 

15 of which such amounts as may be necessary may be ad16 vanced to the Colorado River Dam Fund: Provided, That 

17 such transfers may be increased or decreased within the 

18 overall appropriation under this heading: Provided further, 

19 That of the total appropriated, the amount for program 

20 activities that can be financed by the Reclamation Fund 

21 or the Bureau of Reclamation special fee account estab22 lished by 16 U.S.C. 460l–6a(i) shall be derived from that 

23 Fund or account: Provided further, That funds contributed 

24 under 43 U.S.C. 395 are available until expended for the 

25 purposes for which contributed: Provided further, That 
27 

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

2 to this account and are available until expended for the 

3 same purposes as the sums appropriated under this head4 ing: Provided, That the funds provided herein for the St. 

5 Mary Storage Unit facilities, Milk River Project, Montana, 

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

7 That funds available for expenditure for the Departmental 

8 Irrigation Drainage Program may be expended by the Bu9 reau of Reclamation for site remediation on a nonreim10 bursable basis: Provided further,That of the amounts pro11 vided herein, funds may be used for high priority projects 

12 which shall be carried out by the Youth Conservation 

13 Corps, as authorized by 16 U.S.C. 1706. 

14 CENTRAL VALLEY PROJECT RESTORATION FUND

15 For carrying out the programs, projects, plans, habi16 tat restoration, improvement, and acquisition provisions of 

17 the Central Valley Project Improvement Act, $49,915,000, 

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

19 Central Valley Project Restoration Fund pursuant to sec20 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 

21 102–575, to remain available until expended: Provided, 

22 That the Bureau of Reclamation is directed to assess and 

23 collect the full amount of the additional mitigation and 

24 restoration payments authorized by section 3407(d) of 

25 Public Law 102–575: Provided further, That none of the 
28 

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1 funds made available under this heading may be used for 

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

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

4 by a court adopted decree or order. 

5 CALIFORNIA BAY-DELTA RESTORATION

6 (INCLUDING TRANSFERS OF FUNDS)

7 For carrying out activities authorized by the Water 

8 Supply, Reliability, and Environmental Improvement Act, 

9 consistent with plans to be approved by the Secretary of 

10 the Interior, $40,000,000, to remain available until ex11 pended, of which such amounts as may be necessary to 

12 carry out such activities may be transferred to appropriate 

13 accounts of other participating Federal agencies to carry 

14 out authorized purposes: Provided, That funds appro15 priated herein may be used for the Federal share of the 

16 costs of CALFED Program management: Provided fur17 ther, That the use of any funds provided to the California 

18 Bay-Delta Authority for programwide management and 

19 oversight activities shall be subject to the approval of the 

20 Secretary of the Interior: Provided further, That CALFED 

21 implementation shall be carried out in a balanced manner 

22 with clear performance measures demonstrating concur23 rent progress in achieving the goals and objectives of the 

24 Program. 
29 

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1 POLICY AND ADMINISTRATION

2 For necessary expenses of policy, administration, and 

3 related functions in the Office of the Commissioner, the 

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

5 of Reclamation, to remain available until expended, 

6 $61,200,000, to be derived from the Reclamation Fund 

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

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

9 Act shall be available for activities or functions budgeted 

10 as policy and administration expenses. 

11 GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR

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

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

14 by previous appropriations Acts to the agencies or entities 

15 funded in title II of this Act for Water and Related Re16 sources that remain available for obligation or expenditure 

17 in fiscal year 2011, shall be available for obligation or ex18 penditure through a reprogramming of funds that— 

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

20 or activity; 

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

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

23 activity for which funds have been denied or re24 stricted by this Act, unless prior approval is received 
30 

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1 from the Committees on Appropriations of the 

2 House of Representatives and the Senate; 

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

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

5 unless prior approval is received from the Commit6 tees on Appropriations of the House of Representa7 tives and the Senate; 

8 (5) transfers funds in excess of the following 

9 limits, unless prior approval is received from the 

10 Committees on Appropriations of the House of Rep11 resentatives and the Senate: 

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

13 activity for which $2,000,000 or more is avail14 able at the beginning of the fiscal year; or 

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

16 activity for which less than $2,000,000 is avail17 able at the beginning of the fiscal year; 

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

19 the Facilities Operation, Maintenance, and Rehabili20 tation category or the Resources Management and 

21 Development category to any program, project, or 

22 activity in the other category, unless prior approval 

23 is received from the Committees on Appropriations 

24 of the House of Representatives and the Senate; or 
31 

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1 (7) transfers, where necessary to discharge legal 

2 obligations of the Bureau of Reclamation, more than 

3 $5,000,000 to provide adequate funds for settled 

4 contractor claims, increased contractor earnings due 

5 to accelerated rates of operations, and real estate de6 ficiency judgments, unless prior approval is received 

7 from the Committees on Appropriations of the 

8 House of Representatives and the Senate. 

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

10 of funds within the Facilities Operation, Maintenance, and 

11 Rehabilitation category. 

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

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

14 project, or activity. 

15 (d) The Bureau of Reclamation shall submit reports 

16 on a quarterly basis to the Committees on Appropriations 

17 of the House of Representatives and the Senate detailing 

18 all the funds reprogrammed between programs, projects, 

19 activities, or categories of funding. The first quarterly re20 port shall be submitted not later than 60 days after the 

21 date of enactment of this Act. 

22 SEC. 202. (a) None of the funds appropriated or oth23 erwise made available by this Act may be used to deter24 mine the final point of discharge for the interceptor drain 

25 for the San Luis Unit until development by the Secretary 
32 

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

2 shall conform to the water quality standards of the State 

3 of California as approved by the Administrator of the En4 vironmental Protection Agency, to minimize any detri5 mental effect of the San Luis drainage waters. 

6 (b) The costs of the Kesterson Reservoir Cleanup 

7 Program and the costs of the San Joaquin Valley Drain8 age Program shall be classified by the Secretary of the 

9 Interior as reimbursable or nonreimbursable and collected 

10 until fully repaid pursuant to the ‘‘Cleanup Program-Al11 ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 

12 Repayment Plan’’ described in the report entitled ‘‘Repay13 ment Report, Kesterson Reservoir Cleanup Program and 

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

15 prepared by the Department of the Interior, Bureau of 

16 Reclamation. Any future obligations of funds by the 

17 United States relating to, or providing for, drainage serv18 ice or drainage studies for the San Luis Unit shall be fully 

19 reimbursable by San Luis Unit beneficiaries of such serv20 ice or studies pursuant to Federal reclamation law. 

21 SEC. 203. None of the funds appropriated or other22 wise made available by this or any other Act may be used 

23 to pay the salaries and expenses of personnel to purchase 

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

25 Projects in New Mexico unless said purchase or lease is 
33 

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1 in compliance with the purchase requirements of section 

2 202 of Public Law 106–60. 

3 SEC. 204. Funds under this title for Drought Emer4 gency Assistance shall be made available primarily for 

5 leasing of water for specified drought related purposes 

6 from willing lessors, in compliance with existing State laws 

7 and administered under State water priority allocation. 

8 SEC. 205. Section 529(b)(3) of Public Law 106–541 

9 is amended by striking ‘‘$20,000,000’’ and inserting 

10 ‘‘$30,000,000’’ in lieu thereof. 

11 SEC. 206. (a) Notwithstanding any other provision 

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

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

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

15 of the Interior, acting through the Commissioner of Rec16 lamation, shall allocate— 

17 (1) $11,300,000 to the Bureau of Indian Af18 fairs, of which— 

19 (A) $7,400,000 shall be for the participa20 tion by the Walker River Paiute Tribe in the 

21 settlement of surface water rights in the Walker 

22 River Basin, including water associated with 

23 the Walker River Indian Reservation; 

24 (B) $1,000,000 shall be for the Walker 

25 River Paiute Tribe for legal and professional 
34 

•S 3635 PCS

1 services in support of settling tribal water 

2 claims in the Walker River Basin; and 

3 (C) $2,900,000 shall be for the acquisition 

4 of property upstream from and adjacent to the 

5 Reservation, title to which shall be taken in the 

6 name of the United States to be held in trust 

7 for the Tribe, and shall be added to the Res8 ervation and appurtenant water rights which 

9 shall be used for the benefit of Walker Lake; 

10 (2) $2,500,000 to the Federal Water Master of 

11 the Walker River, Nevada, for water monitoring and 

12 measurement improvement in the Walker River 

13 Basin; 

14 (3) $3,080,000 to the Environmental Protection 

15 Agency, to provide funding relating to the Anaconda 

16 Mine site in Lyon County, Nevada, of which— 

17 (A) $750,000 shall be for groundwater 

18 testing for Arimetco portions of the site; and 

19 (B) $2,330,000 shall be for a pilot closure 

20 of an Arimetco heap leach pad; 

21 (4) $6,250,000 to provide grants of equal 

22 amounts to the State of Nevada, the State of Cali23 fornia, the Truckee Meadows Water Authority, the 

24 Pyramid Lake Paiute Tribe, and the Federal Water 

25 Master of the Truckee River to implement the 
35 

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1 Truckee-Carson-Pyramid Lake Water Rights Settle2 ment Act (title II of Public Law 101–618; 104 Stat. 

3 3294); 

4 (5) $5,000,000 to be divided equally by the City 

5 of Fernley, Nevada, and the Pyramid Lake Paiute 

6 Tribe for joint planning and development activities 

7 for water, wastewater, and sewer facilities; 

8 (6) $17,200,000 to the Pyramid Lake Paiute 

9 Tribe for the benefit of the Truckee River and Pyr10 amid Lake, of which— 

11 (A) $10,000,000 shall be used for 1 or 

12 more of— 

13 (i) implementing the 1996 Truckee 

14 River Water Quality Settlement Agree15 ment; and 

16 (ii) implementing the Newland Project 

17 Water Rights Fund for retirement of 

18 Truckee River water rights; 

19 (B) $4,200,000 shall be used for 1 or more 

20 of— 

21 (i) payment to the City of Fernley, 

22 with the agreement of the City, to tempo23 rarily transfer water rights owned by the 

24 City to the Truckee River; and 
36 

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1 (ii) acquisition of ground-water rights 

2 to be traded with the City of Fernley, with 

3 the agreement of the City, for Truckee 

4 River water rights; and 

5 (C) $3,000,000 to acquire interests in fee6 patented land, water rights, or surface rights to 

7 land within or contiguous to the exterior bound8 aries of the Pyramid Lake Indian Reservation; 

9 (7) $15,000,000 to an entity selected by the 

10 Truckee Meadows Water Authority, Washoe County, 

11 and the cities of Reno and Sparks, Nevada, to ac12 quire up to 6,700 acre-feet of water rights to help 

13 implement the Truckee River Operating Agreement; 

14 (8) $500,000 to Washoe County, Nevada, for a 

15 Regional Strategic Initiative to develop wastewater 

16 effluent management and reclaimed water resources; 

17 (9) $5,000,000 to the City of Sparks, Nevada, 

18 related to upgrading and realigning the North 

19 Truckee Drain for improved flood control; 

20 (10) $715,000 to the Pyramid Lake Paiute 

21 Tribe to enhance fish reproduction in the Truckee 

22 River watershed and to develop a water quality 

23 model for Pyramid Lake; 

24 (11) $1,500,000 to the Specialty Crop Institute 

25 of Western Nevada College to support alternative 
37 

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1 crops and alternative agricultural cooperatives pro2 grams that promote water conservation; 

3 (12) $1,000,000 to the Desert Research Insti4 tute to monitor reservoir evaporation and invasive 

5 species in the southwestern United States, including 

6 work in the Walker Basin; and 

7 (13) not more than $8,455,000 of available 

8 funds to the United States Fish and Wildlife Service 

9 to acquire water and water rights, with or without 

10 the land to which the rights are appurtenant, pursu11 ant to subsection 206(a) of the Truckee-Carson-Pyr12 amid Lake Water Rights Settlement Act (title II of 

13 Public Law 101–618; 104 Stat. 3308). 

14 (b) Section 208 of the Energy and Water Develop15 ment and Related Agencies Appropriations Act, 2010 

16 (Public Law 111–85; 123 Stat. 2858) is amended— 

17 (1) in subsection (a)(1)— 

18 (A) by striking ‘‘$66,200,000’’ and insert19 ing ‘‘$81,200,000’’; and 

20 (B) by inserting ‘‘, and including associ21 ated activities that enhance recovery of the fed22 erally threatened Lahontan cutthroat trout’’ 

23 after ‘‘Rivers’’; and 

24 (2) in subsection (b)(1)(B)— 
38 

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1 (A) in clause (i)(I), after ‘‘3-year’’, by in2 serting ‘‘or longer’’; and 

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

4 ‘‘(vii) $15,000,000 to be used as de5 scribed in subparagraph (A), as deter6 mined by the National Fish and Wildlife 

7 Foundation.’’. 

8 (c) Section 208(a) of division C of the Consolidated 

9 Appropriations Act, 2008 (Public Law 110–161; 121 Stat. 

10 1953) is amended— 

11 (1) in paragraph (1)— 

12 (A) in subparagraph (C), by adding ‘‘and’’ 

13 at the end; 

14 (B) by striking subsections (D) and (E); 

15 and 

16 (C) by redesignating subparagraph (F) as 

17 subparagraph (D); and 

18 (2) in paragraph (3), by striking ‘‘restoration 

19 efforts at the Summit Lake in Northern Washoe 

20 County’’ and inserting ‘‘restoration and environ21 mental protection efforts at the Summit Lake in 

22 Humboldt County’’. 

23 (d) Notwithstanding this section or any amendment 

24 made by this section, the Commissioner of Reclamation 

25 may retain sufficient amounts from funds allocated to the 
39 

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1 Commissioner to administer all financial assistance agree2 ments under the Desert Terminal Lakes program under 

3 section 2507 of the Farm Security and Rural Investment 

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

5 SEC. 207. The Secretary of the Interior may extend 

6 the contract for water services between the United States 

7 and the East Bench Irrigation District, numbered 14–06– 

8 600–3593, until the earlier of— 

9 (1) the date that is 2 years after the date on 

10 which the contract would have expired if this Act 

11 had not been enacted; or 

12 (2) the date on which a new long-term contract 

13 is executed by the parties to the contract. 

14 SEC. 208. The Secretary of the Interior is hereby di15 rected, through the Commissioner of Reclamation, to 

16 amend or re-issue Seasonal Recreation Use Permits for 

17 the Northside Trailer Areas 1 and 2 and Southside Trailer 

18 Area around Heart Butte Reservoir (Lake Tschida) in 

19 North Dakota to extend the valid time period for those 

20 permits from the current 12 years to 20 years, to be meas21 ured from the date of original issuance, April 3, 2010. 

22 The amended or re-issued permits shall contain language 

23 ensuring the affected permits are fully transferrable for 

24 the full 20-year period. 
40 

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1 TITLE III 

2 DEPARTMENT OF ENERGY 

3 ENERGY PROGRAMS 

4 ENERGY EFFICIENCY AND RENEWABLE ENERGY

5 For Department of Energy expenses including the 

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

8 efficiency and renewable energy activities in carrying out 

9 the purposes of the Department of Energy Organization 

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

11 condemnation of any real property or any facility or for 

12 plant or facility acquisition, construction, or expansion, 

13 $2,287,800,000 to remain available until expended: Pro14 vided, That $170,000,000 shall be available until Sep15 tember 20, 2012 for program direction: Provided further, 

16 That, of the amount appropriated in this paragraph, 

17 $147,600,000 shall be used for the projects specified in 

18 the table that appears under the heading ‘‘Congressionally 

19 Directed Energy Efficiency and Renewable Energy 

20 Projects’’ in the report of the Committee on Appropria21 tions of the United States Senate to accompany this Act. 

22 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

23 For Department of Energy expenses including the 

24 purchase, construction, and acquisition of plant and cap25 ital equipment, and other expenses necessary for elec-
41 

•S 3635 PCS

1 tricity delivery and energy reliability activities in carrying 

2 out the purposes of the Department of Energy Organiza3 tion Act (42 U.S.C. 7101 et seq.), including the acquisi4 tion or condemnation of any real property or any facility 

5 or for plant or facility acquisition, construction, or expan6 sion, $190,180,000 to remain available until expended: 

7 Provided, That $29,049,000 shall be available until Sep8 tember 30, 2012 for program direction: Provided further, 

9 That, of the amount appropriated in this paragraph, 

10 $4,250,000 shall be used for projects specified in the table 

11 that appears under the heading ‘‘Congressionally Directed 

12 Electricity Delivery and Energy Reliability Projects’’ in 

13 the report of the Committee on Appropriations of the 

14 United States Senate to accompany this Act: Provided fur15 ther, That notwithstanding section 3304 of title 5, United 

16 States Code, and without regard to the provisions of sec17 tions 3309 through 3318 of such title 5, the Secretary 

18 of Energy, upon a determination that there is a severe 

19 shortage of candidates or a critical hiring need for par20 ticular positions, may from within the funds provided, re21 cruit and directly appoint highly qualified individuals into 

22 the competitive service: Provided further, That such au23 thority shall not apply to positions in the Excepted Service 

24 or the Senior Executive Service: Provided further, That 

25 any action authorized herein shall be consistent with the 
42 

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1 merit principles of section 2301 of such title 5, and the 

2 Department shall comply with the public notice require3 ments of section 3327 of such title 5. 

4 NUCLEAR ENERGY

5 For Department of Energy expenses including the 

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

8 energy activities in carrying out the purposes of the De9 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

11 real property or any facility or for plant or facility acquisi12 tion, construction, or expansion, and the purchase of not 

13 more than 9 buses, all for replacement only, $783,170,000 

14 to remain available until expended: Provided, That 

15 $91,452,000 shall be available until September 30, 2012 

16 for program direction: Provided further, That, of the 

17 amount appropriated in this paragraph, $7,400,000 shall 

18 be used for projects specified in the table that appears 

19 under the heading ‘‘Congressionally Directed Nuclear En20 ergy Projects’’ in the report of the Committee on Appro21 priations of the United States Senate to accompany this 

22 Act. 

23 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

24 For necessary expenses in carrying out fossil energy 

25 research and development activities, under the authority 
43 

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1 of the Department of Energy Organization Act (42 U.S.C. 

2 7101 et seq.), including the acquisition of interest, includ3 ing defeasible and equitable interests in any real property 

4 or any facility or for plant or facility acquisition or expan5 sion, and for conducting inquiries, technological investiga6 tions and research concerning the extraction, processing, 

7 use, and disposal of mineral substances without objection8 able social and environmental costs (30 U.S.C. 3, 1602, 

9 and 1603), $725,950,000 to remain available until ex10 pended: Provided, That $170,300,000 shall be available 

11 until September 30, 2012 for program direction: Provided 

12 further, That, of the amount appropriated in this para13 graph, $19,950,000 shall be used for projects specified in 

14 the table that appears under the heading ‘‘Congressionally 

15 Directed Fossil Energy Projects’’ in the report of the 

16 Committee on Appropriations of the United States Senate 

17 to accompany this Act. 

18 NAVAL PETROLEUM AND OIL SHALE RESERVES

19 For expenses necessary to carry out naval petroleum 

20 and oil shale reserve activities, $23,614,000, to remain 

21 available until expended: Provided, That, notwithstanding 

22 any other provision of law, unobligated funds remaining 

23 from prior years shall be available for all naval petroleum 

24 and oil shale reserve activities. 
44 

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1 STRATEGIC PETROLEUM RESERVE

2 For necessary expenses for Strategic Petroleum Re3 serve facility development and operations and program 

4 management activities pursuant to the Energy Policy and 

5 Conservation Act of 1975, (42 U.S.C. 6201 et seq.), 

6 $209,861,000, to remain available until expended. 

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

12 ENERGY INFORMATION ADMINISTRATION

13 For necessary expenses in carrying out the activities 

14 of the Energy Information Administration, $119,000,000, 

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 $244,163,000, to remain available until expended. 
45 

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1 URANIUM ENRICHMENT DECONTAMINATION AND

2 DECOMMISSIONING FUND

3 For necessary expenses in carrying out uranium en4 richment facility decontamination and decommissioning, 

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

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

7 the Energy Policy Act of 1992, $550,000,000 to be de8 rived from the Uranium Enrichment Decontamination and 

9 Decommissioning Fund, to remain available until ex10 pended. 

11 SCIENCE

12 For Department of Energy expenses including the 

13 purchase, construction, and acquisition of plant and cap14 ital equipment, and other expenses necessary for science 

15 activities 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 facility or for plant or facility acquisition, construc19 tion, or expansion, and purchase of not more than 57 pas20 senger motor vehicles, 56 of which are for replacement 

21 only, including two law enforcement vehicles, two ambu22 lances, and two buses, $5,012,000,000, to remain avail23 able until expended: Provided, That $208,000,000 shall 

24 remain available until September 30, 2012 for program 

25 direction: Provided further, That, of the amount appro-
46 

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1 priated in this paragraph, $40,800,000 shall be used for 

2 the projects specified in the table that appears under the 

3 heading ‘‘Congressionally Directed Science Projects’’ in 

4 the report of the Committee on Appropriations of the 

5 United States Senate to accompany this Act. 

6 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

7 For necessary expenses in carrying out the activities 

8 authorized by section 5012 of the America COMPETES 

9 Act (Public Law 110–69), $200,000,000, to remain avail10 able until expended: Provided, That $26,566,000 shall re11 main available until September 30, 2012 for program di12 rection. 

13 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

14 PROGRAM

15 (INCLUDING RESCISSION OF FUNDS)

16 Subject to section 502 of the Congressional Budget 

17 Act of 1974, commitments to guarantee loans for nuclear 

18 power facilities under title XVII of the Energy Policy Act 

19 of 2005 shall not exceed a total principal amount of 

20 $17,000,000,000, to remain available until committed: 

21 Provided, That these amounts are in addition to authori22 ties provided in any other Act: Provided further, That for 

23 amounts collected pursuant to section 1702(b)(2) of the 

24 Energy Policy Act of 2005, the source of such payment 

25 received from borrowers is not a loan or other debt obliga-
47 

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1 tion that is guaranteed by the Federal Government: Pro2 vided further, That pursuant to section 1702(b)(2) of the 

3 Energy Policy Act of 2005, no appropriations are available 

4 to pay the subsidy cost of such guarantees for nuclear 

5 power facilities: Provided further, That none of the loan 

6 guarantee authority made available in this Act shall be 

7 available for commitments to guarantee loans for any 

8 projects where funds, personnel, or property (tangible or 

9 intangible) of any Federal agency, instrumentality, per10 sonnel or affiliated entity are expected to be used (directly 

11 or indirectly) through acquisitions, contracts, demonstra12 tions, exchanges, grants, incentives, leases, procurements, 

13 sales, other transaction authority, or other arrangements, 

14 to support the project or to obtain goods or services from 

15 the project: Provided further, That the previous provision 

16 shall not be interpreted as precluding the use of the loan 

17 guarantee authority in this Act for commitment to guar18 antee loans for projects as a result of such projects bene19 fitting from (a) otherwise allowable Federal income tax 

20 benefits; (b) being located on Federal land pursuant to 

21 a lease or right-of-way agreement for which all consider22 ation for all uses is (i) paid exclusively in cash, (ii) depos23 ited in the Treasury as offsetting receipts, and (iii) equal 

24 to the fair market value as determined by the head of the 

25 relevant Federal agency; (c) Federal insurance programs, 
48 

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1 including Price-Anderson; or (d) for electric generation 

2 projects, use of transmission facilities owned or operated 

3 by a Federal Power Marketing Administration or the Ten4 nessee Valley Authority that have been authorized, ap5 proved, and financed independent of the project receiving 

6 the guarantee: Provided further, That none of the loan 

7 guarantee authority made available in this Act shall be 

8 available for any project unless the Director of the Office 

9 of Management and Budget has certified in advance in 

10 writing that the loan guarantee and the project comply 

11 with the provisions under this title: Provided further, That 

12 for the cost of loan guarantees for renewable energy under 

13 section 1703 of the Energy Policy of 2005, $380,000,000 

14 is appropriated, to remain available until expended: Pro15 vided further, That of the authority provided for commit16 ments to guarantee loans under this heading in title III, 

17 division C, Public Law 111–8, $14,000,000,000 is hereby 

18 rescinded: Provided further, That an additional amount for 

19 necessary administrative expenses to carry out this Loan 

20 Guarantee program, $58,000,000 is appropriated, to re21 main available until expended: Provided further, That 

22 $58,000,000 of the fees collected pursuant to section 

23 1702(h) of the Energy Policy Act of 2005 shall be credited 

24 as offsetting collections to this account to cover adminis25 trative expenses and shall remain available until expended, 
49 

•S 3635 PCS

1 so as to result in a final fiscal year 2011 appropriations 

2 from the general fund estimated at not more than $0: Pro3 vided further, That fees collected under section 1702(h) 

4 in excess of the amount appropriated for administrative 

5 expenses shall not be available until appropriated. 

6 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

7 LOAN PROGRAM

8 For administrative expenses in carrying out the Ad9 vanced Technology Vehicles Manufacturing Loan Pro10 gram, $9,998,000, to remain available until expended. 

11 DEPARTMENTAL ADMINISTRATION

12 For salaries and expenses of the Department of En13 ergy necessary for departmental administration in car14 rying out the purposes of the Department of Energy Orga15 nization Act (42 U.S.C. 7101 et seq.), including the hire 

16 of passenger motor vehicles and official reception and rep17 resentation expenses not to exceed $15,000; 

18 $288,872,000, to remain available until September 30, 

19 2012, plus such additional amounts as necessary to cover 

20 increases in the estimated amount of cost of work for oth21 ers notwithstanding the provisions of the Anti-Deficiency 

22 Act (31 U.S.C. 1511 et seq.): Provided, That such in23 creases in cost of work are offset by revenue increases of 

24 the same or greater amount, to remain available until ex25 pended: Provided further, That moneys received by the De-
50 

•S 3635 PCS

1 partment for miscellaneous revenues estimated to total 

2 $119,740,000 in fiscal year 2011 may be retained and 

3 used for operating expenses within this account, and shall 

4 remain available until September 30, 2012, as authorized 

5 by section 201 of Public Law 95–238, notwithstanding the 

6 provisions of 31 U.S.C. 3302: Provided further, That the 

7 sum herein appropriated shall be reduced by the amount 

8 of miscellaneous revenues received during 2011, and any 

9 related appropriated receipt account balances remaining 

10 from prior years’ miscellaneous revenues, so as to result 

11 in a final fiscal year 2011 appropriation from the general 

12 fund estimated at not more than $169,132,000. 

13 OFFICE OF THE INSPECTOR GENERAL

14 For necessary expenses of the Office of the Inspector 

15 General in carrying out the provisions of the Inspector 

16 General Act of 1978, $42,850,000, to remain available 

17 until September 30, 2012. 

18 ATOMIC ENERGY DEFENSE ACTIVITIES 

19 NATIONAL NUCLEAR SECURITY 

20 ADMINISTRATION 

21 WEAPONS ACTIVITIES

22 For Department of Energy expenses, including the 

23 purchase, construction, and acquisition of plant and cap24 ital equipment and other incidental expenses necessary for 

25 atomic energy defense weapons activities in carrying out 
51 

•S 3635 PCS

1 the purposes of the Department of Energy Organization 

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

3 condemnation of any real property or any facility or for 

4 plant or facility acquisition, construction, or expansion, 

5 the purchase of not to exceed one ambulance and one air6 craft; $7,018,835,000, to remain available until expended: 

7 Provided, That of the funds appropriated under this head8 ing, $30,000,000 is directed for the 09–D–007 LANSCE 

9 Refurbishment, Los Alamos National Laboratory, Los Al10 amos, New Mexico. 

11 DEFENSE NUCLEAR NONPROLIFERATION

12 For Department of Energy expenses, including the 

13 purchase, construction, and acquisition of plant and cap14 ital equipment and other incidental expenses necessary for 

15 defense nuclear nonproliferation activities, in carrying out 

16 the purposes of the Department of Energy Organization 

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

18 condemnation of any real property or any facility or for 

19 plant or facility acquisition, construction, or expansion, 

20 and the purchase of not to exceed one passenger motor 

21 vehicle for replacement only, $2,612,167,000, to remain 

22 available until expended. 

23 NAVAL REACTORS

24 For Department of Energy expenses necessary for 

25 naval reactors activities to carry out the Department of 
52 

•S 3635 PCS

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 $1,040,486,000, to remain available until expended. 

6 OFFICE OF THE ADMINISTRATOR

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses of the Office of the Adminis9 trator in the National Nuclear Security Administration, 

10 including official reception and representation expenses 

11 not to exceed $12,000,$438,267,000, to remain available 

12 until September 30, 2012 

13 ENVIRONMENTAL AND OTHER DEFENSE 

14 ACTIVITIES 

15 DEFENSE ENVIRONMENTAL CLEANUP

16 (INCLUDING TRANSFER OF FUNDS)

17 For Department of Energy expenses, including the 

18 purchase, construction, and acquisition of plant and cap19 ital equipment and other expenses necessary for atomic 

20 energy defense environmental cleanup activities in car21 rying out the purposes of the Department of Energy Orga22 nization Act (42 U.S.C. 7101 et seq.), including the acqui23 sition or condemnation of any real property or any facility 

24 or for plant or facility acquisition, construction, or expan25 sion, and the purchase of not to exceed two ambulances 
53 

•S 3635 PCS

1 and one fire truck for replacement only, $5,262,838,000, 

2 to remain available until expended, of which $33,700,000 

3 shall be transferred to the ‘‘Uranium Enrichment Decon4 tamination and Decommissioning Fund’’: Provided, That 

5 $355,000,000 shall remain available until September 30, 

6 2012 for program direction. 

7 OTHER DEFENSE ACTIVITIES

8 For Department of Energy expenses, including the 

9 purchase, construction, and acquisition of plant and cap10 ital equipment and other expenses, necessary for atomic 

11 energy defense, other defense activities, and classified ac12 tivities, in carrying out the purposes of the Department 

13 of Energy Organization Act (42 U.S.C. 7101 et seq.), in14 cluding the acquisition or condemnation of any real prop15 erty or any facility or for plant or facility acquisition, con16 struction, or expansion, and the purchase of not to exceed 

17 10 passenger motor vehicles for replacement only, 

18 $866,317,000, to remain available until expended: Pro19 vided, That $120,244,000 shall be available until Sep20 tember 30, 2012 for program direction: Provided further, 

21 That of the amount appropriated in this paragraph, 

22 $2,000,000 shall be used for projects specified in the table 

23 that appears under the heading ‘‘Congressionally Directed 

24 Other Defense Activities Projects’’ in the report of the 
54 

•S 3635 PCS

1 Committee on Appropriations of the United States Senate 

2 to accompany this Act. 

3 POWER MARKETING ADMINISTRATION 

4 BONNEVILLE POWER ADMINISTRATION FUND

5 Expenditures from the Bonneville Power Administra6 tion Fund, established pursuant to Public Law 93–454, 

7 are approved for the Leaburg Fish Sorter, the Okanogan 

8 Basin Locally Adapted Steelhead Supplementation Pro9 gram, and the Crystal Springs Hatchery Facilities, and, 

10 in addition, for official reception and representation ex11 penses in an amount not to exceed $7,000. During fiscal 

12 year 2011, no new direct loan obligations may be made. 

13 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

14 ADMINISTRATION

15 For necessary expenses of operation and maintenance 

16 of power transmission facilities and of marketing electric 

17 power and energy, including transmission wheeling and 

18 ancillary services pursuant to section 5 of the Flood Con19 trol Act of 1944 (16 U.S.C. 825s), as applied to the south20 eastern power area, $8,034,000, to remain available until 

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

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

23 $8,034,000 collected by the Southeastern Power Adminis24 tration from the sale of power and related services shall 

25 be credited to this account as discretionary offsetting col-
55 

•S 3635 PCS

1 lections, to remain available until expended for the sole 

2 purpose of funding the annual expenses of the South3 eastern Power Administration: Provided further, That the 

4 sum herein appropriated for annual expenses shall be re5 duced as collections are received during the fiscal year so 

6 as to result in a final fiscal year 2011 appropriation esti7 mated at not more than $0: Provided further, That, not8 withstanding 31 U.S.C. 3302, up to $74,157,000 collected 

9 by the Southeastern Power Administration pursuant to 

10 the Flood Control Act of 1944 to recover purchase power 

11 and wheeling expenses shall be credited to this account 

12 as offsetting collections, to remain available until expended 

13 for the sole purpose of making purchase power and wheel14 ing expenditures: Provided further, That for purposes of 

15 this appropriation, annual expenses means expenditures 

16 that are generally recovered in the same year that they 

17 are incurred (excluding purchase power and wheeling ex18 penses). 

19 OPERATION AND MAINTENANCE, SOUTHWESTERN

20 POWER ADMINISTRATION

21 For necessary expenses of operation and maintenance 

22 of power transmission facilities and of marketing electric 

23 power and energy, for construction and acquisition of 

24 transmission lines, substations and appurtenant facilities, 

25 and for administrative expenses, including official recep-
56 

•S 3635 PCS

1 tion and representation expenses in an amount not to ex2 ceed $1,500 in carrying out section 5 of the Flood Control 

3 Act of 1944 (16 U.S.C. 825s), as applied to the South4 western Power Administration, $46,312,000, to remain 

5 available until expended: Provided, That notwithstanding 

6 31 U.S.C. 3302 and section 5 of the Flood Control Act 

7 of 1944 (16 U.S.C. 825s), up to $33,613,000 collected 

8 by the Southwestern Power Administration from the sale 

9 of power and related services shall be credited to this ac10 count as discretionary offsetting collections, to remain 

11 available until expended, for the sole purpose of funding 

12 the annual expenses of the Southwestern Power Adminis13 tration: Provided further, That the sum herein appro14 priated for annual expenses shall be reduced as collections 

15 are received during the fiscal year so as to result in a final 

16 fiscal year 2011 appropriation estimated at not more than 

17 $12,699,000: Provided further, That, notwithstanding 31 

18 U.S.C. 3302, up to $39,000,000 collected by the South19 western Power Administration pursuant to the Flood Con20 trol Act of 1944 to recover purchase power and wheeling 

21 expenses shall be credited to this account as offsetting col22 lections, to remain available until expended for the sole 

23 purpose of making purchase power and wheeling expendi24 tures: Provided further, That for purposes of this appro25 priation, annual expenses means expenditures that are 
57 

•S 3635 PCS

1 generally recovered in the same year that they are in2 curred (excluding purchase power and wheeling expenses). 

3 CONSTRUCTION, REHABILITATION, OPERATION AND

4 MAINTENANCE, WESTERN AREA POWER ADMINIS5 TRATION

6 For carrying out the functions authorized by title III, 

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

8 U.S.C. 7152), and other related activities including con9 servation and renewable resources programs as author10 ized, including official reception and representation ex11 penses in an amount not to exceed $1,500; $285,864,000 

12 to remain available until expended, of which $277,430,000 

13 shall be derived from the Department of the Interior Rec14 lamation Fund: Provided, That notwithstanding 31 U.S.C. 

15 3302, section 5 of the Flood Control Act of 1944 (16 

16 U.S.C. 825s), and section 1 of the Interior Department 

17 Appropriation Act, 1939 (43 U.S.C. 392a), up to 

18 $180,306,000 collected by the Western Area Power Ad19 ministration from the sale of power and related services 

20 shall be credited to this account as discretionary offsetting 

21 collections, to remain available until expended, for the sole 

22 purpose of funding the annual expenses of the Western 

23 Area Power Administration: Provided further, That the 

24 sum herein appropriated for annual expenses shall be re25 duced as collections are received during the fiscal year so 
58 

•S 3635 PCS

1 as to result in a final fiscal year 2011 appropriation esti2 mated at not more than $105,558,000, of which 

3 $97,124,000 is derived from the Reclamation Fund: Pro4 vided further, That of the amount herein appropriated, 

5 $7,627,000 is for deposit into the Utah Reclamation Miti6 gation and Conservation Account pursuant to title IV of 

7 the Reclamation Projects Authorization and Adjustment 

8 Act of 1992: Provided further, That notwithstanding 31 

9 U.S.C. 3302, up to $350,919,000 collected by the Western 

10 Area Power Administration pursuant to the Flood Control 

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

12 recover purchase power and wheeling expenses shall be 

13 credited to this account as offsetting collections, to remain 

14 available until expended for the sole purpose of making 

15 purchase power and wheeling expenditures: Provided fur16 ther, That for purposes of this appropriation, annual ex17 penses means expenditures that are generally recovered in 

18 the same year that they are incurred (excluding purchase 

19 power and wheeling expenses). 

20 FALCON AND AMISTAD OPERATING AND MAINTENANCE

21 FUND

22 For operation, maintenance, and emergency costs for 

23 the hydroelectric facilities at the Falcon and Amistad 

24 Dams, $3,715,000, to remain available until expended, 

25 and to be derived from the Falcon and Amistad Operating 
59 

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1 and Maintenance Fund of the Western Area Power Ad2 ministration, as provided in section 2 of the Act of June 

3 18, 1954 (68 Stat. 255): Provided, That notwithstanding 

4 the provisions of that Act and of 31 U.S.C. 3302, up to 

5 $3,495,000 collected by the Western Area Power Adminis6 tration from the sale of power and related services from 

7 the Falcon and Amistad Dams shall be credited to this 

8 account as discretionary offsetting collections, to remain 

9 available until expended for the sole purpose of funding 

10 the annual expenses of the hydroelectric facilities of these 

11 Dams and associated Western Area Power Administration 

12 activities: Provided further, That the sum herein appro13 priated for annual expenses shall be reduced as collections 

14 are received during the fiscal year so as to result in a final 

15 fiscal year 2011 appropriation estimated at not more than 

16 $220,000: Provided further, That for purposes of this ap17 propriation, annual expenses means expenditures that are 

18 generally recovered in the same year that they are in19 curred. 

20 FEDERAL ENERGY REGULATORY COMMISSION

21 SALARIES AND EXPENSES

22 For necessary expenses of the Federal Energy Regu23 latory Commission to carry out the provisions of the De24 partment of Energy Organization Act (42 U.S.C. 7101 et 

25 seq.), including services as authorized by 5 U.S.C. 3109, 
60 

•S 3635 PCS

1 the hire of passenger motor vehicles, and official reception 

2 and representation expenses not to exceed 

3 $3,000,$315,600,000, to remain available until expended: 

4 Provided, That notwithstanding any other provision of 

5 law, not to exceed $315,600,000 of revenues from fees and 

6 annual charges, and other services and collections in fiscal 

7 year 2011 shall be retained and used for necessary ex8 penses in this account, and shall remain available until 

9 expended: Provided further, That the sum herein appro10 priated from the general fund shall be reduced as revenues 

11 are received during fiscal year 2011 so as to result in a 

12 final fiscal year 2011 appropriation from the general fund 

13 estimated at not more than $0. 

14 GENERAL PROVISIONS—DEPARTMENT OF 

15 ENERGY 

16 SEC. 301. (a) None of the funds provided in this title 

17 shall be available for obligation or expenditure through a 

18 reprogramming of funds that— 

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

20 or activity; 

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

22 (3) increases funds or personnel for any pro23 gram, project, or activity for which funds are denied 

24 or restricted by this Act; 
61 

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1 (4) reduces funds that are directed to be used 

2 for a specific program, project, or activity by this 

3 Act; 

4 (5) increases funds for any program, project, or 

5 activity by more than $5,000,000 or 10 percent, 

6 whichever is less; or 

7 (6) reduces funds for any program, project, or 

8 activity by more than $5,000,000 or 10 percent, 

9 whichever is less; 

10 (b) The Secretary of Energy may waive this restric11 tion on reprogramming under subsection (a) for reasons 

12 of national security, safety and health, environmental risk, 

13 or to accomplish project completion. In instances involving 

14 the National Nuclear Security Administration, the Sec15 retary and the Administrator must jointly waive the re16 striction. 

17 SEC. 302. None of the funds made available in this 

18 title may be used to prepare or initiate Requests For Pro19 posals (RFPs) or similar arrangements (including but not 

20 limited to: Requests for Quotations (RFQs), Requests for 

21 Information (RFIs), Funding Opportunity Announce22 ments (FOAs), etc.) for a program or activity if the pro23 gram or activity has not been funded by Congress. 

24 SEC. 303. None of the funds appropriated by this Act 

25 may be used— 
62 

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1 (1) to augment the funds made available for ob2 ligation by this Act for severance payments and 

3 other benefits and community assistance grants 

4 under section 4604 of the Atomic Energy Defense 

5 Act (50 U.S.C. 2704) unless the Department of En6 ergy submits a reprogramming request to the appro7 priate congressional committees; or 

8 (2) to provide enhanced severance payments or 

9 other benefits for employees of the Department of 

10 Energy under such section; or 

11 (3) develop or implement a workforce restruc12 turing plan that covers employees of the Department 

13 of Energy. 

14 SEC. 304. The unexpended balances of prior appro15 priations provided for activities in this Act may be avail16 able to the same appropriation accounts for such activities 

17 established pursuant to this title. Available balances may 

18 be merged with funds in the applicable established ac19 counts and thereafter may be accounted for as one fund 

20 for the same time period as originally enacted. 

21 SEC. 305. Funds appropriated by this or any other 

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

23 Act, for intelligence activities are deemed to be specifically 

24 authorized by the Congress for purposes of section 504 

25 of the National Security Act of 1947 (50 U.S.C. 414) dur-
63 

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1 ing fiscal year 2011 until the enactment of the Intelligence 

2 Authorization Act for fiscal year 2011. 

3 SEC. 306. (a) In any fiscal year in which the Sec4 retary of Energy determines that additional funds are 

5 needed to reimburse the costs of defined benefit pension 

6 plans for contractor employees, the Secretary may transfer 

7 not more than 1 percent from each appropriation made 

8 available in this and subsequent Energy and Water Devel9 opment Appropriation Acts to any other appropriation 

10 available to the Secretary in the same Act for such reim11 bursements. 

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

13 benefit pension plans for contractor employees through 

14 charges for the indirect costs of research and activities at 

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

16 attributable to defined benefit pension plan costs in a fis17 cal year are more than charges in fiscal year 2008, the 

18 Secretary shall carry out a transfer of funds under this 

19 section. 

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

21 Secretary shall use each appropriation made available to 

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

23 transfer, and shall reduce each appropriation by an equal 

24 percentage, except that appropriations for which the Sec25 retary determines there exists a need for additional funds 
64 

•S 3635 PCS

1 for pension plan costs in that fiscal year, as well as appro2 priations made available for the Power Marketing Admin3 istrations, the title XVII loan guarantee program, and the 

4 Federal Energy Regulatory Commission, shall not be sub5 ject to this requirement. 

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

7 Committees on Appropriations of the House of Represent8 atives and the Senate on the state of defined benefit pen9 sion plan liabilities in the Department for the preceding 

10 year. 

11 (e) This transfer authority does not apply to supple12 mental appropriations, and is in addition to any other 

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

14 authority provided under this section shall expire on Sep15 tember 30, 2015. 

16 (f) The Secretary shall notify the Committees on Ap17 propriations of the House of Representatives and the Sen18 ate in writing not less than 30 days in advance of each 

19 transfer authorized by this section. 

20 SEC. 307. Plant or construction projects for which 

21 amounts are made available under this and subsequent ap22 propriation Acts with a current estimated cost of less than 

23 $10,000,000 are considered for purposes of section 4703 

24 of Public Law 107–314 as a plant project for which the 

25 approved total estimated cost does not exceed the minor 
65 

•S 3635 PCS

1 construction threshold and for purposes of section 4704 

2 of Public Law 107–314 as a construction project with a 

3 current estimated cost of less than a minor construction 

4 threshold. 

5 SEC. 308. None of the funds made available by this 

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

7 grant award, discretionary contract award, Other Trans8 action Agreement, or to issue a letter of intent totaling 

9 in excess of $1,000,000, or to announce publicly the inten10 tion to make such an award, including a contract covered 

11 by the Federal Acquisition Regulation, unless the Sec12 retary of Energy notifies the Committees on Appropria13 tions of the Senate and the House of Representatives at 

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

15 award or issuing such a letter: Provided, That if the Sec16 retary of the Department of Energy determines that com17 pliance with this section would pose a substantial risk to 

18 human life, health, or safety, an award may be made with19 out notification and the Committees on Appropriations of 

20 the Senate and the House of Representatives shall be noti21 fied not later than 5 full business days after such an 

22 award is made or letter issued: Provided further, That pur23 chases of power or transmission services made by the fed24 eral Power Marketing Administrations shall not be subject 

25 to the notification requirements of this section. 
66 

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1 SEC. 309. (a) Notwithstanding any other provision 

2 of law, no funds appropriated in this Act, or any other 

3 act, may be used in fiscal year 2011 to transfer, sell, bar4 ter, distribute, or otherwise provide more than 3.3 million 

5 pounds of natural uranium equivalent of uranium in any 

6 form from the Department’s inventory. 

7 (b) Any transfer, sale, barter, distribution, or other 

8 provision of uranium in any form under subsection (a) 

9 shall be carried out consistent with the Department’s Ex10 cess Uranium Inventory Management Plan, dated Decem11 ber 16, 2008. 

12 (c) The prohibition in subsection (a) shall not apply 

13 to the transfer, sale, barter, distribution, or provision of 

14 uranium in any form for use in initial reactor cores. 

15 (d) Not less than 30 days prior to the provision of 

16 uranium in any form in accordance with this section, the 

17 Secretary shall notify the House and Senate Committees 

18 on Appropriations, including: 

19 (1) the amount of uranium to be bartered; 

20 (2) the estimated market value of the uranium; 

21 (3) the expected date of provision of the ura22 nium; and 

23 (4) the recipient of the uranium. 

24 SEC. 310. None of the funds made a available in this 

25 title may be used to make a final or conditional loan guar-
67 

•S 3635 PCS

1 antee award unless the Secretary of Energy provides noti2 fication of the award, including the proposed subsidy cost, 

3 to the Committees on Appropriations of the Senate and 

4 the House of Representatives at least 3 full business days 

5 in advance of such award. 

6 TITLE IV 

7 INDEPENDENT AGENCIES 

8 APPALACHIAN REGIONAL COMMISSION

9 For expenses necessary to carry out the programs au10 thorized by the Appalachian Regional Development Act of 

11 1965, for necessary expenses for the Federal Co-Chairman 

12 and the Alternate on the Appalachian Regional Commis13 sion, for payment of the Federal share of the administra14 tive expenses of the Commission, including services as au15 thorized by 5 U.S.C. 3109, and hire of passenger motor 

16 vehicles, $76,000,000, to remain available until expended. 

17 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

18 SALARIES AND EXPENSES

19 For necessary expenses of the Defense Nuclear Fa20 cilities Safety Board in carrying out activities authorized 

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

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

23 available until expended. 
68 

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1 DELTA REGIONAL AUTHORITY

2 SALARIES AND EXPENSES

3 For necessary expenses of the Delta Regional Author4 ity and to carry out its activities, as authorized by the 

5 Delta Regional Authority Act of 2000, notwithstanding 

6 sections 382C(b)(2), 382F(d), 382M, and 382N of said 

7 Act, $13,000,000, to remain available until expended. 

8 DENALI COMMISSION

9 For expenses of the Denali Commission including the 

10 purchase, construction, and acquisition of plant and cap11 ital equipment as necessary and other expenses, 

12 $11,965,000, to remain available until expended, notwith13 standing the limitations contained in section 306(g) of the 

14 Denali Commission Act of 1998: Provided, That funds 

15 shall be available for construction projects in an amount 

16 not to exceed 80 percent of total project cost for distressed 

17 communities, as defined by section 307 of the Denali Com18 mission Act of 1998 (division C, title III, Public Law 105– 

19 277), as amended by section 701 of appendix D, title VII, 

20 Public Law 106–113 (113 Stat. 1501A–280), and an 

21 amount not to exceed 50 percent for nondistressed com22 munities. 
69 

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1 NUCLEAR REGULATORY COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Commission in car4 rying out the purposes of the Energy Reorganization Act 

5 of 1974 and the Atomic Energy Act of 1954, including 

6 official representation expenses (not to exceed $25,000), 

7 $1,053,483,000, to remain available until expended: Pro8 vided, That of the amount appropriated herein, 

9 $10,000,000 shall be derived from the Nuclear Waste 

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

11 inspection services, and other services and collections esti12 mated at $915,220,000 in fiscal year 2011 shall be re13 tained and used for necessary salaries and expenses in this 

14 account, notwithstanding 31 U.S.C. 3302, and shall re15 main available until expended: Provided further, That the 

16 sum herein appropriated shall be reduced by the amount 

17 of revenues received during fiscal year 2011 so as to result 

18 in a final fiscal year 2011 appropriation estimated at not 

19 more than $138,263,000: Provided further, That of the 

20 amounts appropriated, $10,000,000 is provided to support 

21 university research and development in areas relevant to 

22 their respective organization’s mission, and $5,000,000 is 

23 to support a Nuclear Science and Engineering Grant Pro24 gram that will support multiyear projects that do not align 
70 

•S 3635 PCS

1 with programmatic missions but are critical to maintain2 ing the discipline of nuclear science and engineering. 

3 OFFICE OF THE INSPECTOR GENERAL

4 For necessary expenses of the Office of Inspector 

5 General in carrying out the provisions of the Inspector 

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

7 available until expended: Provided, That revenues from li8 censing fees, inspection services, and other services and 

9 collections estimated at $9,774,000 in fiscal year 2011 

10 shall be retained and be available until expended, for nec11 essary salaries and expenses in this account, notwith12 standing 31 U.S.C. 3302: Provided further, That the sum 

13 herein appropriated shall be reduced by the amount of rev14 enues received during fiscal year 2011 so as to result in 

15 a final fiscal year 2011 appropriation estimated at not 

16 more than $1,086,000. 

17 NUCLEAR WASTE TECHNICAL REVIEW BOARD

18 SALARIES AND EXPENSES

19 For necessary expenses of the Nuclear Waste Tech20 nical Review Board, as authorized by Public Law 100– 

21 203, section 5051, $3,891,000, to be derived from the Nu22 clear Waste Fund, and to remain available until expended. 
71 

•S 3635 PCS

1 OFFICE OF THE FEDERAL COORDINATOR FOR ALASKA

2 NATURAL GAS TRANSPORTATION PROJECTS

3 For necessary expenses for the Office of the Federal 

4 Coordinator for Alaska Natural Gas Transportation 

5 Projects pursuant to the Alaska Natural Gas Pipeline Act 

6 of 2004, $4,285,000 until expended: Provided, That any 

7 fees, charges, or commissions received pursuant to section 

8 802 of Public Law 110–140 in fiscal year 2011 in excess 

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

10 appropriated in a subsequent Act of Congress. 

11 TITLE V 

12 GENERAL PROVISIONS 

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

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

15 congressional action on any legislation or appropriation 

16 matters pending before Congress, other than to commu17 nicate to Members of Congress as described in 18 U.S.C. 

18 1913. 

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

20 Act may be transferred to any department, agency, or in21 strumentality of the United States Government, except 

22 pursuant to a transfer made by, or transfer authority pro23 vided in this Act or any other appropriation Act. 
72 

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1 This Act may be cited as the ‘‘Energy and Water De2 velopment and Related Agencies Appropriations Act, 

3 2011’’. 

Calendar No. 478 

111TH CONGRESS 

2D SESSION S. 3635 

[Report No. 111–228] 

A BILL 

Making appropriations for energy and water develposes. ending September 30, 2011, and for other pur- opment and related agencies for the fiscal year 

JULY 22, 2010 

Read twice and placed on the calendar