In the Senate of the United States, 

July 29, 2009. 

Resolved, That the bill from the House of Representatives (H.R. 3183) entitled ‘‘An Act making appropriations for 

energy and water development and related agencies for the 

fiscal year ending September 30, 2010, and for other purposes.’’, do pass with the following 

AMENDMENT: 

Strike out all after the enacting clause and insert: 

1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

3 fiscal year ending September 30, 2010, and for other pur4 poses, namely: 

5 TITLE I 

6 CORPS OF ENGINEERS—CIVIL 

7 DEPARTMENT OF THE ARMY 

8 CORPS OF ENGINEERS—CIVIL

9 The following appropriations shall be expended under 

10 the direction of the Secretary of the Army and the super-
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1 vision of the Chief of Engineers for authorized civil func2 tions of the Department of the Army pertaining to rivers 

3 and harbors, flood and storm damage reduction, shore pro4 tection, aquatic ecosystem restoration, and related efforts. 

5 GENERAL INVESTIGATIONS

6 For expenses necessary where authorized by law for the 

7 collection and study of basic information pertaining to 

8 river and harbor, flood and storm damage reduction, shore 

9 protection, aquatic ecosystem restoration, and related needs; 

10 for surveys and detailed studies, and plans and specifica11 tions of proposed river and harbor, flood and storm damage 

12 reduction, shore protection, and aquatic ecosystem restora13 tion projects and related efforts prior to construction; for 

14 restudy of authorized projects; and for miscellaneous inves15 tigations and, when authorized by law, surveys and detailed 

16 studies, and plans and specifications of projects prior to 

17 construction, $170,000,000, to remain available until ex18 pended. 

19 CONSTRUCTION, GENERAL

20 For expenses necessary for the construction of river 

21 and harbor, flood and storm damage reduction, shore pro22 tection, aquatic ecosystem restoration, and related projects 

23 authorized by law; for conducting detailed studies, and 

24 plans and specifications, of such projects (including those 

25 involving participation by States, local governments, or 
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1 private groups) authorized or made eligible for selection by 

2 law (but such detailed studies, and plans and specifications, 

3 shall not constitute a commitment of the Government to 

4 construction); $1,924,000,000, to remain available until ex5 pended; of which such sums as are necessary to cover the 

6 Federal share of construction costs for facilities under the 

7 Dredged Material Disposal Facilities program shall be de8 rived from the Harbor Maintenance Trust Fund as author9 ized by Public Law 104–303; and of which such sums as 

10 are necessary pursuant to Public Law 99–662 shall be de11 rived from the Inland Waterways Trust Fund, to cover one12 half of the costs of construction, replacement, rehabilitation, 

13 and expansion of inland waterways projects (including 

14 only Chickamauga Lock, Tennessee; Kentucky Lock and 

15 Dam, Tennessee River, Kentucky; Lock and Dams 2, 3, and 

16 4 Monongahela River, Pennsylvania; Markland Locks and 

17 Dam, Kentucky and Indiana; Olmsted Lock and Dam, Illi18 nois and Kentucky; and Emsworth Locks and Dam, Ohio 

19 River, Pennsylvania) shall be derived from the Inland Wa20 terways Trust Fund: Provided, That the Chief of Engineers 

21 is directed to use $18,000,000 of the funds appropriated 

22 herein for the Dallas Floodway Extension, Texas, project, 

23 including the Cadillac Heights feature, generally in accord24 ance with the Chief of Engineers report dated December 7, 

25 1999: Provided further, That the Chief of Engineers is di-
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1 rected to use $1,500,000 of funds available for the 

2 Greenbrier Basin, Marlinton, West Virginia, Local Protec3 tion Project to continue engineering and design efforts, exe4 cute a project partnership agreement, and initiate construc5 tion of the project substantially in accordance with Alter6 native 1 as described in the Corps of Engineers Final De7 tailed Project Report and Environmental Impact State8 ment for Marlinton, West Virginia Local Protection Project 

9 dated September 2008: Provided further, That the Federal 

10 and non-Federal shares shall be determined in accordance 

11 with the ability-to-pay provisions prescribed in section 

12 103(m) of the Water Resources Development Act of 1986, 

13 as amended: Provided further, That the Chief of Engineers 

14 is directed to use $2,750,000 of the funds appropriated here15 in for planning, engineering, design or construction of the 

16 Grundy, Buchanan County, and Dickenson County, Vir17 ginia, elements of the Levisa and Tug Forks of the Big 

18 Sandy River and Upper Cumberland River Project: Pro19 vided further, That the Chief of Engineers is directed to use 

20 $4,000,000 of the funds appropriated herein to continue 

21 planning, engineering, design or construction of the Lower 

22 Mingo County, Upper Mingo County, Wayne County, 

23 McDowell County, West Virginia, elements of the Levisa 

24 and Tug Forks of the Big Sandy River and Upper Cum25 berland River Project: Provided further, That none of the 
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1 funds made available by this Act may be used to carry out 

2 any portion of the Delaware River Main Channel Deep3 ening Project identified in the committee report accom4 panying this Act that is located in the State of Delaware 

5 until the date on which the government of the State of Dela6 ware issues an applicable project permit for the Delaware 

7 River Main Channel Deepening Project. 

8 MISSISSIPPI RIVER AND TRIBUTARIES

9 For expenses necessary for flood damage reduction 

10 projects and related efforts in the Mississippi River alluvial 

11 valley below Cape Girardeau, Missouri, as authorized by 

12 law, $340,000,000, to remain available until expended, of 

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

14 of eligible operation and maintenance costs for inland har15 bors shall be derived from the Harbor Maintenance Trust 

16 Fund: Provided, That the Secretary of the Army, acting 

17 through the Chief of Engineers is directed to use 

18 $10,000,000 appropriated herein for construction of water 

19 withdrawal features of the Grand Prairie, Arkansas, 

20 project. 

21 OPERATION AND MAINTENANCE

22 For expenses necessary for the operation, maintenance, 

23 and care of existing river and harbor, flood and storm dam24 age reduction, aquatic ecosystem restoration, and related 

25 projects authorized by law; providing security for infra-
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1 structure owned or operated by the Corps, including admin2 istrative buildings and laboratories; maintaining harbor 

3 channels provided by a State, municipality, or other public 

4 agency that serve essential navigation needs of general com5 merce, where authorized by law; surveying and charting 

6 northern and northwestern lakes and connecting waters; 

7 clearing and straightening channels; and removing obstruc8 tions to navigation, $2,450,000,000, to remain available 

9 until expended, of which such sums as are necessary to cover 

10 the Federal share of eligible operation and maintenance 

11 costs for coastal harbors and channels, and for inland har12 bors shall be derived from the Harbor Maintenance Trust 

13 Fund; of which such sums as become available from the spe14 cial account for the Corps established by the Land and 

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

16 460l–6a(i)), shall be derived from that account for resource 

17 protection, research, interpretation, and maintenance ac18 tivities related to resource protection in the areas at which 

19 outdoor recreation is available; and of which such sums as 

20 become available from fees collected under section 217 of the 

21 Water Resources Development Act of 1996 (Public Law 

22 104–303), shall be used to cover the cost of operation and 

23 maintenance of the dredged material disposal facilities for 

24 which such fees have been collected: Provided, That 1 per25 cent of the total amount of funds provided for each of the 
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1 programs, projects or activities funded under this heading 

2 shall not be allocated to a field operating activity prior to 

3 the beginning of the fourth quarter of the fiscal year and 

4 shall be available for use by the Chief of Engineers to fund 

5 such emergency activities as the Chief of Engineers deter6 mines to be necessary and appropriate; and that the Chief 

7 of Engineers shall allocate during the fourth quarter any 

8 remaining funds which have not been used for emergency 

9 activities proportionally in accordance with the amounts 

10 provided for the programs, projects or activities. 

11 REGULATORY PROGRAM

12 For expenses necessary for administration of laws per13 taining to regulation of navigable waters and wetlands, 

14 $190,000,000, to remain available until expended. 

15 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

16 For expenses necessary to clean up contamination 

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

20 GENERAL EXPENSES

21 For expenses necessary for the supervision and general 

22 administration of the civil works program in the head23 quarters of the United States Army Corps of Engineers, and 

24 the offices of the Division Engineers; and for the manage25 ment and operation of the Humphreys Engineer Center 
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1 Support Activity, the Institute for Water Resources, the 

2 United States Army Engineer Research and Development 

3 Center, and the United States Army Corps of Engineers Fi4 nance Center, $186,000,000, to remain available until ex5 pended, of which not to exceed $5,000 may be used for offi6 cial reception and representation purposes and only during 

7 the current fiscal year: Provided, That no part of any other 

8 appropriation provided in title I of this Act shall be avail9 able to fund the civil works activities of the Office of the 

10 Chief of Engineers or the civil works executive direction and 

11 management activities of the division offices: Provided fur12 ther, That any Flood Control and Coastal Emergencies ap13 propriation may be used to fund the supervision and gen14 eral administration of emergency operations, repairs, and 

15 other activities in response to any flood, hurricane, or other 

16 natural disaster. 

17 OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL

18 WORKS)

19 For the Office of Assistant Secretary of the Army 

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

21 $5,000,000, to remain available until expended. 

22 ADMINISTRATIVE PROVISION

23 The Revolving Fund, Corps of Engineers, shall be 

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

2 motor vehicles for the civil works program. 

3 GENERAL PROVISIONS, CORPS OF ENGINEERS—CIVIL

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

5 of this Act, or provided by previous appropriations Acts 

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

7 remain available for obligation or expenditure in fiscal year 

8 2010, shall be available for obligation or expenditure 

9 through a reprogramming of funds that: 

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

11 or activity; 

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

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

15 denied or restricted by this Act, unless prior approval 

16 is received from the House and Senate Committees on 

17 Appropriations; 

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

19 activity for a different purpose, unless prior approval 

20 is received from the House and Senate Committees on 

21 Appropriations; 

22 (5) augments or reduces existing programs, 

23 projects or activities in excess of the amounts con24 tained in subsections 6 through 10, unless prior ap-
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1 proval is received from the House and Senate Com2 mittees on Appropriations; 

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

4 $100,000, reprogramming of 25 percent of the base 

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

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

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

8 $25,000: Provided further, That up to $25,000 may be 

9 reprogrammed into any continuing study or activity 

10 that did not receive an appropriation for existing ob11 ligations and concomitant administrative expenses; 

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

13 $2,000,000, reprogramming of 15 percent of the base 

14 amount up to a limit of $3,000,000 per project, study 

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

16 less than $2,000,000, the reprogramming limit is 

17 $300,000: Provided further, That up to $3,000,000 

18 may be reprogrammed for settled contractor claims, 

19 changed conditions, or real estate deficiency judg20 ments: Provided further, That up to $300,000 may be 

21 reprogrammed into any continuing study or activity 

22 that did not receive an appropriation for existing ob23 ligations and concomitant administrative expenses; 

24 (8) OPERATION AND MAINTENANCE.—Unlimited 

25 reprogramming authority is granted in order for the 
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1 Corps to be able to respond to emergencies: Provided, 

2 That the Chief of Engineers must notify the House 

3 and Senate Committees on Appropriations of these 

4 emergency actions as soon thereafter as practicable: 

5 Provided further, That for a base level over 

6 $1,000,000, reprogramming of 15 percent of the base 

7 amount a limit of $5,000,000 per project, study or ac8 tivity is allowed: Provided further, That for a base 

9 level less than $1,000,000, the reprogramming limit is 

10 $150,000: Provided further, That $150,000 may be re11 programmed into any continuing study or activity 

12 that did not receive an appropriation; 

13 (9) MISSISSIPPI RIVER AND TRIBUTARIES.—The 

14 same reprogramming guidelines for the Investiga15 tions, Construction, and Operation and Maintenance 

16 portions of the Mississippi River and Tributaries Ac17 count as listed above; and 

18 (10) FORMERLY UTILIZED SITES REMEDIAL AC19 TION PROGRAM.—Reprogramming of up to 15 percent 

20 of the base of the receiving project is permitted. 

21 (b) CONTINUING AUTHORITIES PROGRAM.—Subsection 

22 (a)(1) shall not apply to any project or activity funded 

23 under the continuing authorities program. 

24 (c) Not later than 60 days after the date of enactment 

25 of this Act, the Corps of Engineers shall submit a report 
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1 to the House and Senate Committees on Appropriations to 

2 establish the baseline for application of reprogramming and 

3 transfer authorities for the current fiscal year: Provided, 

4 That the report shall include: 

5 (1) A table for each appropriation with a sepa6 rate column to display the President’s budget request, 

7 adjustments made by Congress, adjustments due to 

8 enacted rescissions, if appropriate, and the fiscal year 

9 enacted level; 

10 (2) A delineation in the table for each appro11 priation both by object class and program, project 

12 and activity as detailed in the budget appendix for 

13 the respective appropriations; and 

14 (3) An identification of items of special congres15 sional interest. 

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

17 Acts, making funds available for Energy and Water Devel18 opment, shall be used to implement any pending or future 

19 competitive sourcing actions under OMB Circular A–76 or 

20 High Performing Organizations for the U.S. Army Corps 

21 of Engineers. 

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

23 Engineers Report on a water resource matter, the Assistant 

24 Secretary of the Army (Civil Works) shall submit the report 
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1 to the appropriate authorizing and appropriating commit2 tees of the Congress. 

3 WATER REALLOCATION, LAKE CUMBERLAND, KENTUCKY

4 SEC. 104. (a) IN GENERAL.—Subject to subsection (b), 

5 none of the funds made available by this Act may be used 

6 to carry out any water reallocation project or component 

7 under the Wolf Creek Project, Lake Cumberland, Kentucky, 

8 authorized under the Act of June 28, 1938 (52 Stat. 1215, 

9 ch. 795) and the Act of July 24, 1946 (60 Stat. 636, ch. 

10 595). 

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

12 not apply to any water reallocation for Lake Cumberland, 

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

14 payment schedule in effect on the date of enactment of this 

15 Act. 

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

17 Acts, making funds available for Energy and Water Devel18 opment shall be used to award any continuing contract that 

19 commits additional funding from the Inland Waterway 

20 Trust Fund unless or until such time that a permanent so21 lution long-term mechanism to enhance revenues in the 

22 fund is enacted. 

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

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

25 137 (117 Stat. 1837) and section 5097 of Public Law 110– 
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1 114 (121 Stat. 1233), is further amended by striking 

2 ‘‘$110,000,000’’ and inserting ‘‘$200,000,000’’ in lieu there3 of. 

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

5 River and Skunk Creek, Sioux Falls, South Dakota author6 ized by section 101(a)(28) of the Water Resources Develop7 ment Act of 1996 (Public Law 104–303; 110 Stat. 3666), 

8 is modified to authorize the Secretary to construct the 

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

10 estimated Federal cost of $37,700,000 and an estimated 

11 non-Federal cost of $15,800,000. 

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

13 Stat. 384), as amended by section 5067 of Public Law 110– 

14 114 (121 Stat. 1219), is further amended by— 

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

16 Montana and New Mexico’’ and inserting the fol17 lowing language in lieu thereof: ‘‘$75,000,000 for 

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

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

20 ‘‘$100,000,000’’ in lieu thereof. 

21 SEC. 109. The project for flood damage reduction, Des 

22 Moines and Raccoon Rivers, Des Moines Iowa, authorized 

23 by section 1001(21) of the Water Resources Development Act 

24 of 2007 (121 Stat. 1053), is modified to authorize the Sec25 retary to construct the project at a total cost of $16,500,000 
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† HR 3183 EAS 

1 with an estimated Federal cost of $10,725,000 and an esti2 mated non-Federal cost of $5,775,000. 

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

4 Breckenridge, Minnesota, authorized by section 320 of the 

5 Water Resources Development Act of 2000 (Public Law 

6 106–541; 114 Stat. 2605), is modified to authorize the Sec7 retary to construct the project at a total cost of $39,360,000 

8 with an estimated Federal cost of $25,000,000 and an esti9 mated non-Federal cost of $14,360,000. 

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

11 Consolidated Appropriations Resolution, 2003 (Public Law 

12 108–7; 117 Stat. 141) is amended by striking 

13 ‘‘$10,000,000’’ and inserting ‘‘$27,000,000’’ in lieu thereof. 

14 SEC. 112. The Secretary of the Army is authorized to 

15 carry out structural and non-structural projects for storm 

16 damage prevention and reduction, coastal erosion, and ice 

17 and glacial damage in Alaska, including relocation of af18 fected communities and construction of replacement facili19 ties: Provided, That the non-Federal share of any project 

20 carried out pursuant to this section shall be no more than 

21 35 percent of the total cost of the project and shall be subject 

22 to the ability of the non-Federal interest to pay, as deter23 mined in accordance with 33 U.S.C. 2213(m). 

24 SEC. 113. Section 3111(1) of the Water Resources De25 velopment Act, 2007 (Public Law 110–114; 121 Stat. 1041) 
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1 is amended by inserting after the word ‘‘before’’, the fol2 lowing: ‘‘, on and after’’. 

3 SEC. 114. The flood control project for West Sac4 ramento, California, authorized by section 101(4), Water 

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

6 Energy and Water Development Appropriations Act, 1999, 

7 Public Law 105–245, is modified to authorize the Secretary 

8 of Army, acting through the Chief of Engineers, to construct 

9 the project at a total cost of $53,040,000 with an estimated 

10 first Federal cost of $38,355,000 and an estimated non-Fed11 eral first cost of $14,685,000. 

12 (RESCISSION)

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

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

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

16 the St. Johns Bayou-New Madrid Floodway, Missouri, 

17 project less any funds needed for contract termination, are 

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

19 heading ‘‘Mississippi River and Tributaries’’ for the Mis20 sissippi Channel Improvement, Arkansas, Illinois, Ken21 tucky, Louisiana, Mississippi, Missouri, and Tennessee con22 struction project. 

23 (RESCISSION)

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

25 in division C, of Public Law 111–8, under the heading 
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1 ‘‘Construction, General’’ for site restoration of the St. Johns 

2 Bayou-New Madrid Floodway, Missouri, project less any 

3 funds needed for contract termination, and are hereby re4 scinded and $1,800,000 is appropriated under the heading 

5 ‘‘Construction, General’’ for section 206 (Public Law 104– 

6 303), Aquatic Ecosystem Restoration, as amended. 

7 PROJECT FOR PERMANENT PUMPS AND CLOSURE

8 STRUCTURES, LAKE PONTCHARTRAIN, LOUISIANA

9 SEC. 117. (a) DEFINITIONS.—In this section: 

10 (1) PROJECT.—The term ‘‘project’’ means the 

11 project for permanent pumps and closure structures 

12 at or near the lakefront at Lake Pontchartrain and 

13 modifications to the 17th Street, Orleans Avenue, and 

14 London Avenue canals in and near the city of New 

15 Orleans that is— 

16 (A) authorized by the matter under the 

17 heading ‘‘GENERAL PROJECTS’’ in section 204 of 

18 the Flood Control Act of 1965 (Public Law 89– 

19 298; 79 Stat. 1077); and 

20 (B) modified by— 

21 (i) the matter under the heading 

22 ‘‘FLOOD CONTROL AND COASTAL EMER23 GENCIES (INCLUDING RESCISSION OF

24 FUNDS)’’ under the heading ‘‘CORPS OF EN25 GINEERS—CIVIL’’ under the heading ‘‘DE-
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1 PARTMENT OF THE ARMY’’ under the 

2 heading ‘‘DEPARTMENT OF DE3 FENSE—CIVIL’’ of chapter 3 of title II of 

4 the Emergency Supplemental Appropria5 tions Act for Defense, the Global War on 

6 Terror, and Hurricane Recovery, 2006 

7 (Public Law 109–234; 120 Stat. 454); 

8 (ii) section 7012(a)(2) of the Water Re9 sources Development Act of 2007 (Public 

10 Law 110–114; 121 Stat. 1279); and 

11 (iii) the matter under the heading 

12 ‘‘FLOOD CONTROL AND COASTAL EMER13 GENCIES’’ under the heading ‘‘CORPS OF

14 ENGINEERS—CIVIL’’ under the heading 

15 ‘‘DEPARTMENT OF THE ARMY’’ under 

16 the heading ‘‘DEPARTMENT OF DE17 FENSE—CIVIL’’ of chapter 3 of title III of 

18 the Supplemental Appropriations Act, 2008 

19 (Public Law 110–252; 122 Stat. 2349). 

20 (2) PUMPING STATION REPORT.—The term 

21 ‘‘pumping station report’’ means the report— 

22 (A) prepared by the Secretary that contains 

23 the results of the investigation required under 

24 section 4303 of the U.S. Troop Readiness, Vet25 erans’ Care, Katrina Recovery, and Iraq Ac-
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† HR 3183 EAS 

1 countability Appropriations Act, 2007 (Public 

2 Law 110–28; 121 Stat. 154); and 

3 (B) dated August 30, 2007. 

4 (3) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of the Army, acting through the Chief 

6 of Engineers. 

7 (b) STUDY.— 

8 (1) IN GENERAL.—In implementing the project, 

9 not later than 1 year after the date of enactment of 

10 this Act, the Secretary shall complete a study of the 

11 residual risks associated with the options identified as 

12 ‘‘Option 1’’, ‘‘Option 2’’, and ‘‘Option 2a’’, as de13 scribed in the pumping station report. 

14 (2) REQUIREMENTS.—In carrying out the study 

15 under paragraph (1), the Secretary shall identify 

16 which option described in that paragraph— 

17 (A) is most technically advantageous; 

18 (B) is most effective from an operational 

19 perspective in providing the greatest long-term 

20 reliability in reducing the risk of flooding to the 

21 New Orleans area; 

22 (C) is most advantageous considering the 

23 engineering challenges and construction complex24 ities of each option; and 

25 (D) is most cost-effective. 
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1 (3) INDEPENDENT EXTERNAL PEER REVIEW.— 

2 (A) DUTY OF SECRETARY.—In accordance 

3 with Section 2034 of the Water Resource Devel4 opment Act of 2007, the Chief shall carry out an 

5 independent external peer review of— 

6 (i) the results of the study under para7 graph (1); and 

8 (ii) each cost estimate completed for 

9 each option described in paragraph (1). 

10 (B) REPORT.— 

11 (i) IN GENERAL.—Not later than 90 

12 days after the date of completion of the 

13 independent external peer review under sub14 paragraph (A), in accordance with clause 

15 (ii), the Secretary shall submit a report 

16 to— 

17 (I) the Committee on Environ18 ment and Public Works of the Senate; 

19 (II) the Committee on Appropria20 tions of the Senate; 

21 (III) the Committee on Transpor22 tation and Infrastructure of the House 

23 of Representatives; and 

24 (IV) the Committee on Appropria25 tions of the House of Representatives. 
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† HR 3183 EAS 

1 (ii) CONTENTS.—The report described 

2 in clause (i) shall contain— 

3 (I) the results of the study de4 scribed in paragraph (1); 

5 (II) a description of the findings 

6 of the independent external peer review 

7 carried out under subparagraph (A); 

8 and 

9 (III) a written response for any 

10 recommendations adopted or not 

11 adopted from the peer review. 

12 (4) SUSPENSION OF CERTAIN ACTIVITIES.—The 

13 Secretary shall suspend each activity of the Secretary 

14 that would result in the design and construction of 

15 any pumping station covered by the pumping station 

16 report unless the activity is consistent with each op17 tion described in paragraph (1). 

18 (5) FEASIBILITY REPORT.—Within 18 months of 

19 enactment of this Act, the Secretary shall submit to 

20 the Committee on Environment and Public Works of 

21 the Senate and the Committee on Transportation and 

22 Infrastructure of the House of Representatives a re23 port that contains a feasibility level of analysis (in24 cluding a cost estimate) for the project, as modified 

25 under this subsection. 
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† HR 3183 EAS 

1 (6) FUNDING.—In carrying out this subsection, 

2 the Secretary shall use amounts made available to 

3 modify the 17th Street, Orleans Avenue, and London 

4 Avenue drainage canals and install pumps and clo5 sure structures at or near the lakefront in the first 

6 proviso in the matter under the heading ‘‘FLOOD CON7 TROL AND COASTAL EMERGENCIES (INCLUDING RE8 SCISSION OF FUNDS)’’ under the heading ‘‘CORPS OF

9 ENGINEERS—CIVIL’’ under the heading ‘‘DEPART10 MENT OF THE ARMY’’ under the heading ‘‘DE11 PARTMENT OF DEFENSE—CIVIL’’ of chapter 3 

12 of title II of the Emergency Supplemental Appropria13 tions Act for Defense, the Global War on Terror, and 

14 Hurricane Recovery, 2006 (Public Law 109–234; 120 

15 Stat. 454). 

16 TEN MILE CREEK WATER PRESERVE AREA

17 SEC. 118. Section 528(b)(3)(C)(ii) of the Water Re18 sources Development Act of 1996 (110 Stat. 3769; 121 Stat. 

19 1270) is amended— 

20 (1) in subclause (I), by striking ‘‘subclause (II)’’ 

21 and inserting ‘‘subclauses (II) and (III)’’; and 

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

23 ‘‘(III) TEN MILE CREEK WATER

24 PRESERVE AREA.—The Federal share 

25 of the cost of the Ten Mile Creek Water 
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† HR 3183 EAS 

1 Preserve Area may exceed $25,000,000 

2 by an amount equal to not more than 

3 $3,500,000, which shall be used to pay 

4 the Federal share of the cost of— 

5 ‘‘(aa) the completion of a 

6 post authorization change report; 

7 and 

8 ‘‘(bb) the maintenance of the 

9 Ten Mile Creek Water Preserve 

10 Area in caretaker status through 

11 fiscal year 2013.’’. 

12 SEC. 119. As soon as practicable after the date of en13 actment of this Act, from funds made available before the 

14 date of enactment of this Act for the Tampa Harbor Big 

15 Bend Channel project, the Secretary of the Army may reim16 burse the non-Federal sponsor of the Tampa Harbor Big 

17 Bend Channel project for the Federal share of the dredging 

18 work carried out for the project. 

19 TITLE II 

20 DEPARTMENT OF THE INTERIOR 

21 CENTRAL UTAH PROJECT

22 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

23 For carrying out activities authorized by the Central 

24 Utah Project Completion Act, $40,300,000, to remain avail25 able until expended, of which $1,500,000 shall be deposited 
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† HR 3183 EAS 

1 into the Utah Reclamation Mitigation and Conservation 

2 Account for use by the Utah Reclamation Mitigation and 

3 Conservation Commission. In addition, for necessary ex4 penses incurred in carrying out related responsibilities of 

5 the Secretary of the Interior, $1,704,000, to remain avail6 able until expended. For fiscal year 2010, the Commission 

7 may use an amount not to exceed $1,500,000 for adminis8 trative expenses. 

9 BUREAU OF RECLAMATION

10 The following appropriations shall be expended to exe11 cute authorized functions of the Bureau of Reclamation: 

12 WATER AND RELATED RESOURCES

13 (INCLUDING TRANSFERS OF FUNDS)

14 For management, development, and restoration of 

15 water and related natural resources and for related activi16 ties, including the operation, maintenance, and rehabilita17 tion of reclamation and other facilities, participation in 

18 fulfilling related Federal responsibilities to Native Ameri19 cans, and related grants to, and cooperative and other 

20 agreements with, State and local governments, federally rec21 ognized Indian tribes, and others, $993,125,000, to remain 

22 available until expended, of which $53,240,000 shall be 

23 available for transfer to the Upper Colorado River Basin 

24 Fund and $17,936,000 shall be available for transfer to the 

25 Lower Colorado River Basin Development Fund; of which 
25 

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1 such amounts as may be necessary may be advanced to the 

2 Colorado River Dam Fund; of which not more than 

3 $500,000 is for high priority projects which shall be carried 

4 out by the Youth Conservation Corps, as authorized by 16 

5 U.S.C. 1706: Provided, That such transfers may be in6 creased or decreased within the overall appropriation under 

7 this heading: Provided further, That of the total appro8 priated, the amount for program activities that can be fi9 nanced by the Reclamation Fund or the Bureau of Rec10 lamation special fee account established by 16 U.S.C. 460l– 

11 6a(i) shall be derived from that Fund or account: Provided 

12 further, That funds contributed under 43 U.S.C. 395 are 

13 available until expended for the purposes for which contrib14 uted: Provided further, That funds advanced under 43 

15 U.S.C. 397a shall be credited to this account and are avail16 able until expended for the same purposes as the sums ap17 propriated under this heading: Provided further, That 

18 funds available for expenditure for the Departmental Irri19 gation Drainage Program may be expended by the Bureau 

20 of Reclamation for site remediation on a nonreimbursable 

21 basis. 

22 CENTRAL VALLEY PROJECT RESTORATION FUND

23 For carrying out the programs, projects, plans, habitat 

24 restoration, improvement, and acquisition provisions of the 

25 Central Valley Project Improvement Act, $35,358,000, to be 
26 

† HR 3183 EAS 

1 derived from such sums as may be collected in the Central 

2 Valley Project Restoration Fund pursuant to sections 

3 3407(d), 3404(c)(3), and 3405(f) of Public Law 102–575, 

4 to remain available until expended: Provided, That the Bu5 reau of Reclamation is directed to assess and collect the full 

6 amount of the additional mitigation and restoration pay7 ments authorized by section 3407(d) of Public Law 102– 

8 575: Provided further, That none of the funds made avail9 able under this heading may be used for the acquisition or 

10 leasing of water for in-stream purposes if the water is al11 ready committed to in-stream purposes by a court adopted 

12 decree or order. 

13 CALIFORNIA BAY-DELTA RESTORATION

14 (INCLUDING TRANSFERS OF FUNDS)

15 For carrying out activities authorized by the Water 

16 Supply, Reliability, and Environmental Improvement Act, 

17 consistent with plans to be approved by the Secretary of 

18 the Interior, $41,000,000, to remain available until ex19 pended, of which such amounts as may be necessary to 

20 carry out such activities may be transferred to appropriate 

21 accounts of other participating Federal agencies to carry 

22 out authorized purposes: Provided, That funds appro23 priated herein may be used for the Federal share of the costs 

24 of CALFED Program management: Provided further, That 

25 the use of any funds provided to the California Bay-Delta 
27 

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1 Authority for program-wide management and oversight ac2 tivities shall be subject to the approval of the Secretary of 

3 the Interior: Provided further, That CALFED implementa4 tion shall be carried out in a balanced manner with clear 

5 performance measures demonstrating concurrent progress 

6 in achieving the goals and objectives of the Program. 

7 POLICY AND ADMINISTRATION

8 For necessary expenses of policy, administration, and 

9 related functions in the Office of the Commissioner, the 

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

11 of Reclamation, to remain available until expended, 

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

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

14 That no part of any other appropriation in this Act shall 

15 be available for activities or functions budgeted as policy 

16 and administration expenses. 

17 ADMINISTRATIVE PROVISION

18 Appropriations for the Bureau of Reclamation shall 

19 be available for purchase of not to exceed seven passenger 

20 motor vehicles, which are for replacement only. 

21 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

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

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

24 by previous appropriations Acts to the agencies or entities 

25 funded in title II of this Act for Water and Related Re-
28 

† HR 3183 EAS 

1 sources that remain available for obligation or expenditure 

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

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

5 or activity; 

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

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

8 activity for which funds have been denied or restricted 

9 by this Act, unless prior approval is received from the 

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

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

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

14 unless prior approval is received from the Committees 

15 on Appropriations of the House of Representatives 

16 and the Senate; 

17 (5) transfers funds in excess of the following lim18 its, unless prior approval is received from the Com19 mittees on Appropriations of the House of Represent20 atives and the Senate: 

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

22 activity for which $2,000,000 or more is avail23 able at the beginning of the fiscal year; or 
29 

† HR 3183 EAS 

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

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

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

5 Facilities Operation, Maintenance, and Rehabilita6 tion category or the Resources Management and De7 velopment category to any program, project, or activ8 ity in the other category, unless prior approval is re9 ceived from the Committees on Appropriations of the 

10 House of Representatives and the Senate; or 

11 (7) transfers, where necessary to discharge legal 

12 obligations of the Bureau of Reclamation, more than 

13 $5,000,000 to provide adequate funds for settled con14 tractor claims, increased contractor earnings due to 

15 accelerated rates of operations, and real estate defi16 ciency judgments, unless prior approval is received 

17 from the Committees on Appropriations of the House 

18 of Representatives and the Senate. 

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

20 of funds within the Facilities Operation, Maintenance, and 

21 Rehabilitation category. 

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

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

24 project, or activity. 
30 

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1 (d) The Bureau of Reclamation shall submit reports 

2 on a quarterly basis to the Committees on Appropriations 

3 of the House of Representatives and the Senate detailing 

4 all the funds reprogrammed between programs, projects, ac5 tivities, or categories of funding. The first quarterly report 

6 shall be submitted not later than 60 days after the date of 

7 enactment of this Act. 

8 SEC. 202. (a) None of the funds appropriated or other9 wise made available by this Act may be used to determine 

10 the final point of discharge for the interceptor drain for 

11 the San Luis Unit until development by the Secretary of 

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

13 shall conform to the water quality standards of the State 

14 of California as approved by the Administrator of the Envi15 ronmental Protection Agency, to minimize any detrimental 

16 effect of the San Luis drainage waters. 

17 (b) The costs of the Kesterson Reservoir Cleanup Pro18 gram and the costs of the San Joaquin Valley Drainage 

19 Program shall be classified by the Secretary of the Interior 

20 as reimbursable or nonreimbursable and collected until fully 

21 repaid pursuant to the ‘‘Cleanup Program-Alternative Re22 payment Plan’’ and the ‘‘SJVDP-Alternative Repayment 

23 Plan’’ described in the report entitled ‘‘Repayment Report, 

24 Kesterson Reservoir Cleanup Program and San Joaquin 

25 Valley Drainage Program, February 1995’’, prepared by 
31 

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1 the Department of the Interior, Bureau of Reclamation. 

2 Any future obligations of funds by the United States relat3 ing to, or providing for, drainage service or drainage stud4 ies for the San Luis Unit shall be fully reimbursable by 

5 San Luis Unit beneficiaries of such service or studies pur6 suant to Federal reclamation law. 

7 SEC. 203. None of the funds appropriated or otherwise 

8 made available by this or any other Act may be used to 

9 pay the salaries and expenses of personnel to purchase or 

10 lease water in the Middle Rio Grande or the Carlsbad 

11 Projects in New Mexico unless said purchase or lease is in 

12 compliance with the purchase requirements of section 202 

13 of Public Law 106–60. 

14 SEC. 204. Funds under this title for Drought Emer15 gency Assistance shall be made available primarily for leas16 ing of water for specified drought related purposes from 

17 willing lessors, in compliance with existing State laws and 

18 administered under State water priority allocation. 

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

20 Water System Act of 2000 (Public Law 106–382; 114 Stat. 

21 1457) is amended by striking ‘‘over a period of 10 fiscal 

22 years’’ each place it appears in subsections (a)(1) and (b) 

23 and inserting ‘‘through fiscal year 2015’’. 
32 

† HR 3183 EAS 

1 SEC. 206. Section 208(a) of the Energy and Water De2 velopment Appropriations Act, 2006 (Public Law 109–103; 

3 119 Stat. 2268), is amended— 

4 (1) in paragraph (1)— 

5 (A) by redesignating clauses (i) through (iv) 

6 of subparagraph (B) as subclauses (I) through 

7 (IV), respectively, and indenting the subclauses 

8 appropriately; 

9 (B) by redesignating subparagraphs (A) 

10 and (B) as clauses (i) and (ii), respectively, and 

11 indenting the clauses appropriately; 

12 (C) by striking ‘‘(a)(1) Using’’ and insert13 ing the following: 

14 ‘‘(a) ACTION BY SECRETARY.— 

15 ‘‘(1) PROVISION OF FUNDS.— 

16 ‘‘(A) IN GENERAL.—Using’’; 

17 (D) in subparagraph (A) (as so redesig18 nated)— 

19 (i) in the matter preceding clause (i) 

20 (as so redesignated), by inserting ‘‘or the 

21 National Fish and Wildlife Foundation’’ 

22 after ‘‘University of Nevada’’; 

23 (ii) in clause (i) (as so redesignated), 

24 by striking ‘‘, Nevada; and’’ and inserting 

25 a semicolon; 
33 

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1 (iii) in clause (ii)(IV) (as so redesig2 nated), by striking the period at the end 

3 and inserting ‘‘; and’’; and 

4 (iv) by adding at the end the following: 

5 ‘‘(iii) to design and implement con6 servation and stewardship measures to ad7 dress impacts from activities carried out— 

8 ‘‘(I) under clause (i); and 

9 ‘‘(II) in conjunction with willing 

10 landowners.’’; and 

11 (E) by adding at the end the following: 

12 ‘‘(B) NATIONAL FISH AND WILDLIFE FOUN13 DATION.— 

14 ‘‘(i) DATE OF PROVISION.—The Sec15 retary shall provide funds to the National 

16 Fish and Wildlife Foundation pursuant to 

17 subparagraph (A) in an advance payment 

18 of the available amount— 

19 ‘‘(I) on the date of enactment of 

20 the Energy and Water Development 

21 and Related Agencies Appropriations 

22 Act, 2010; or 

23 ‘‘(II) as soon as practicable after 

24 that date of enactment. 

25 ‘‘(ii) REQUIREMENTS.— 
34 

† HR 3183 EAS 

1 ‘‘(I) IN GENERAL.—Except as pro2 vided in subclause (II), the funds pro3 vided under clause (i) shall be subject 

4 to the National Fish and Wildlife 

5 Foundation Establishment Act (16 

6 U.S.C. 3701 et seq.), in accordance 

7 with section 10(b)(1) of that Act (16 

8 U.S.C. 3709(b)(1)). 

9 ‘‘(II) EXCEPTIONS.—Sections 4(e) 

10 and 10(b)(2) of the National Fish and 

11 Wildlife Foundation Establishment Act 

12 (16 U.S.C. 3703(e), 3709(b)(2)), and 

13 the provision of subsection (c)(2) of sec14 tion 4 of that Act (16 U.S.C. 3703) re15 lating to subsection (e) of that section, 

16 shall not apply to the funds provided 

17 under clause (i).’’; and 

18 (2) in paragraph (2)— 

19 (A) in the matter preceding subparagraph 

20 (A), by striking ‘‘paragraph (1)(A)’’ and all that 

21 follows through ‘‘beneficial to—’’ and inserting 

22 ‘‘paragraph (1)(A)(i), the University of Nevada 

23 or the National Fish and Wildlife Foundation 

24 shall make acquisitions that the University or 
35 

† HR 3183 EAS 

1 the Foundation determines to be the most bene2 ficial to—’’; and 

3 (B) in subparagraph (A), by striking 

4 ‘‘paragraph (1)(B)’’ and inserting ‘‘paragraph 

5 (1)(A)(ii)’’. 

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

7 Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public 

8 Law 107–171) is amended— 

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

10 end; 

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

12 the end and inserting ‘‘; and’’; and 

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

14 ‘‘(3) for efforts consistent with researching, sup15 porting, and conserving fish, wildlife, plant, and 

16 habitat resources in the Walker River Basin.’’. 

17 SEC. 208. (a) Of the amounts made available under 

18 section 2507 of the Farm Security and Rural Investment 

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

20 the Secretary of the Interior, acting through the Commis21 sioner of Reclamation, shall— 

22 (1) provide, in accordance with section 

23 208(a)(1)(A)(i) of the Energy and Water Development 

24 Appropriations Act, 2006 (Public Law 109–103; 119 

25 Stat. 2268), and subject to subsection (b), $66,200,000 
36 

† HR 3183 EAS 

1 to establish the Walker Basin Restoration Program 

2 for the primary purpose of restoring and maintaining 

3 Walker Lake, a natural desert terminal lake in the 

4 State of Nevada, consistent with protection of the eco5 logical health of the Walker River and the riparian 

6 and watershed resources of the West, East, and Main 

7 Walker Rivers; and 

8 (2) allocate— 

9 (A) acting through a nonprofit conservation 

10 organization that is acting in consultation with 

11 the Truckee Meadows Water Authority, 

12 $2,000,000, to remain available until expended, 

13 for— 

14 (i) the acquisition of land surrounding 

15 Independence Lake; and 

16 (ii) protection of the native fishery and 

17 water quality of Independence Lake, as de18 termined by the nonprofit conservation or19 ganization; 

20 (B) $5,000,000 to provide grants of equal 

21 amounts to the State of Nevada, the State of 

22 California, the Truckee Meadows Water Author23 ity, the Pyramid Lake Paiute Tribe, and the 

24 Federal Watermaster of the Truckee River to im25 plement the Truckee-Carson-Pyramid Lake 
37 

† HR 3183 EAS 

1 Water Rights Settlement Act (Public Law 101– 

2 618; 104 Stat. 3289); 

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

4 city of Fernley, Nevada, and the Pyramid Lake 

5 Paiute Tribe, for joint planning and develop6 ment activities for water, wastewater, and sewer 

7 facilities; and 

8 (D) $1,000,000 to the United States Geo9 logical Survey to design and implement, in con10 sultation and cooperation with other Federal de11 partments and agencies, State and tribal govern12 ments, and other water management and con13 servation organizations, a water monitoring pro14 gram for the Walker River Basin. 

15 (b)(1) The amount made available under subsection 

16 (a)(1) shall be— 

17 (A) used, consistent with the primary purpose 

18 set forth in subsection (a)(1), to support efforts to pre19 serve Walker Lake while protecting agricultural, envi20 ronmental, and habitat interests in the Walker River 

21 Basin; and 

22 (B) allocated as follows: 

23 (i) $25,000,000 to the Walker River Irriga24 tion District, acting in accordance with an 
38 

† HR 3183 EAS 

1 agreement between that District and the Na2 tional Fish and Wildlife Foundation— 

3 (I) to administer and manage a 3-year 

4 water leasing demonstration program in the 

5 Walker River Basin to increase Walker 

6 Lake inflows; and 

7 (II) for use in obtaining information 

8 regarding the establishment, budget, and 

9 scope of a longer-term leasing program. 

10 (ii) $25,000,000 to advance the acquisition 

11 of water and related interests from willing sellers 

12 authorized by section 208(a)(1)(A)(i) of the En13 ergy and Water Development Appropriations 

14 Act, 2006 (Public Law 109–103; 119 Stat. 

15 2268). 

16 (iii) $1,000,000 for activities relating to the 

17 exercise of acquired option agreements and im18 plementation of the water leasing demonstration 

19 program, including but not limited to the pur20 suit of change applications, approvals, and 

21 agreements pertaining to the exercise of water 

22 rights and leases acquired under the program. 

23 (iv) $10,000,000 for associated conservation 

24 and stewardship activities, including water con25 servation and management, watershed planning, 
39 

† HR 3183 EAS 

1 land stewardship, habitat restoration, and the es2 tablishment of a local, nonprofit entity to hold 

3 and exercise water rights acquired by, and to 

4 achieve the purposes of, the Walker Basin Res5 toration Program. 

6 (v) $5,000,000 to the University of Nevada, 

7 Reno, and the Desert Research Institute— 

8 (I) for additional research to supple9 ment the water rights research conducted 

10 under section 208(a)(1)(A)(ii) of the Energy 

11 and Water Development Appropriations 

12 Act, 2006 (Public Law 109–103; 119 Stat. 

13 2268); 

14 (II) to conduct an annual evaluation 

15 of the results of the activities carried out 

16 under clauses (i) and (ii); and 

17 (III) to support and provide informa18 tion to the programs described in this sub19 paragraph and related acquisition and 

20 stewardship initiatives to preserve Walker 

21 Lake and protect agricultural, environ22 mental, and habitat interests in the Walker 

23 River Basin. 

24 (vi) $200,000 to support alternative crops 

25 and alternative agricultural cooperatives pro-
40 

† HR 3183 EAS 

1 grams in Lyon County, Nevada, that promote 

2 water conservation in the Walker River Basin. 

3 (2)(A) The amount made available under subsection 

4 (a)(1) shall be provided to the National Fish and Wildlife 

5 Foundation— 

6 (i) in an advance payment of the entire 

7 amount— 

8 (I) on the date of enactment of this 

9 Act; or 

10 (II) as soon as practicable after that 

11 date of enactment; and 

12 (ii) except as provided in subparagraph 

13 (B), subject to the National Fish and Wildlife 

14 Foundation Establishment Act (16 U.S.C. 3701 

15 et seq.), in accordance with section 10(b)(1) of 

16 that Act (16 U.S.C. 3709(b)(1)). 

17 (B) Sections 4(e) and 10(b)(2) of the National 

18 Fish and Wildlife Foundation Establishment Act (16 

19 U.S.C. 3703(e), 3709(b)(2)), and the provision of sub20 section (c)(2) of section 4 of that Act (16 U.S.C. 3703) 

21 relating to subsection (e) of that section, shall not 

22 apply to the amount made available under subsection 

23 (a)(1). 

24 SEC. 209. Notwithstanding the provisions of section 

25 11(c) of Public Law 89–108, as amended by section 9 of 
41 

† HR 3183 EAS 

1 Public Law 99–294, the Commissioner is directed to modify 

2 the April 9, 2002, Grant Agreement Between Bureau of Rec3 lamation and North Dakota Natural Resources Trust to 

4 provide funding for the Trust to continue its investment 

5 program/Agreement No. 02FG601633 to authorize the North 

6 Dakota Natural Resources Trust Board of Directors to ex7 pend all or any portion of the funding allocation received 

8 pursuant to section 11(a)(2)(B) of the Dakota Water Re9 sources Act of 2000 for the purpose of operations of the Nat10 ural Resource Trust whether such amounts are principal 

11 or received as investment income: Provided, That oper12 ational expenses that may be funded from the principal al13 location shall not exceed 105 percent of the previous fiscal 

14 year’s operating costs: Provided further, That the Commis15 sioner of Reclamation is authorized to include in such 

16 modified agreement with the Trust authorized under this 

17 section appropriate provisions regarding the repayment of 

18 any funds that constitute principal from the Trust Funds. 

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

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

21 ‘‘2015’’ in lieu thereof. 

22 SEC. 211. (a) Section 3405(a)(1)(M) of Public Law 

23 102–575 (106 Stat. 4709) is amended by striking ‘‘coun24 tries’’ and inserting ‘‘counties’’. 
42 

† HR 3183 EAS 

1 (b) A transfer of water between a Friant Division con2 tractor and a south-of-Delta CVP agricultural water service 

3 contractor, approved during a two-year period beginning 

4 on the date of enactment of this Act shall, be deemed to 

5 meet the conditions set forth in subparagraphs (A) and (I) 

6 of section 3405(a)(1) of Public Law 102–575 (106 Stat. 

7 4709) if the transfer under this clause— 

8 (1) does not interfere with the San Joaquin 

9 River Restoration Settlement Act (part I of subtitle A 

10 of title X of Public Law 111–11; 123 Stat. 1349) (in11 cluding the priorities described in section 

12 10004(a)(4)(B) of that Act relating to implementation 

13 of paragraph 16 of the Settlement), and the Settle14 ment (as defined in section 10003 of that Act); and 

15 (2) is completed by September 30, 2012. 

16 (c) As soon as practicable after the date of enactment 

17 of this Act, the Secretary of the Interior, acting through the 

18 Director of the United States Fish and Wildlife Service, 

19 shall revise, finalize, and implement the applicable draft 

20 recovery plan for the Giant Garter Snake (Thamnophis 

21 gigas). 

22 SEC. 212. Section 805(a)(2) of Public Law 106–541 

23 (114 Stat. 2704) is amended by striking ‘‘2010’’ each place 

24 it appears and inserting ‘‘2013’’. 
43 

† HR 3183 EAS 

1 TITLE III 

2 DEPARTMENT OF ENERGY 

3 ENERGY PROGRAMS 

4 ENERGY EFFICIENCY AND RENEWABLE ENERGY

5 For Department of Energy expenses including the pur6 chase, construction, and acquisition of plant and capital 

7 equipment, and other expenses necessary for energy effi8 ciency and renewable energy activities in carrying out the 

9 purposes of the Department of Energy Organization Act (42 

10 U.S.C. 7101 et seq.), including the acquisition or con11 demnation of any real property or any facility or for plant 

12 or facility acquisition, construction, or expansion, 

13 $2,233,967,000, to remain available until expended: Pro14 vided, That, of the amount appropriated in this paragraph, 

15 $148,075,000 shall be used for projects specified in the table 

16 that appears under the heading ‘‘Congressionally Directed 

17 Energy Efficiency and Renewable Energy Projects’’ in the 

18 report of the Committee on Appropriations of the United 

19 States Senate to accompany this Act: Provided further, 

20 That within existing funds for industrial technologies 

21 $15,000,000 shall be used to make technical assistance 

22 grants under subsection (b) of section 399A of the Energy 

23 Policy and Conservation Act (42 U.S.C. 6371h–1(b)). Of 

24 the $85,000,000 provided under the wind energy subaccount 

25 under the Energy Efficiency & Renewable Energy, up to 
44 

† HR 3183 EAS 

1 $8,000,000 shall be competitively awarded to universities 

2 for turbine and equipment purchases for the purposes of 

3 studying turbine to turbine wake interaction, wind farm 

4 interaction, and wind energy efficiencies, provided that 

5 such equipment shall not be used for merchant power pro6 duction. 

7 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

8 For Department of Energy expenses including the pur9 chase, construction, and acquisition of plant and capital 

10 equipment, and other expenses necessary for electricity de11 livery and energy reliability activities in carrying out the 

12 purposes of the Department of Energy Organization Act (42 

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

15 or facility acquisition, construction, or expansion, 

16 $179,483,000, to remain available until expended: Pro17 vided, That, within the funding available funding the Sec18 retary shall establish an independent national energy sector 

19 cyber security organization to institute research, develop20 ment and deployment priorities, including policies and pro21 tocol to ensure the effective deployment of tested and vali22 dated technology and software controls to protect the bulk 

23 power electric grid and integration of smart grid technology 

24 to enhance the security of the electricity grid: Provided fur25 ther, That within 60 days of enactment, the Secretary shall 
45 

† HR 3183 EAS 

1 invite applications from qualified entities for the purpose 

2 of forming and governing a national energy sector cyber 

3 organization that have the knowledge and capacity to focus 

4 cyber security research and development and to identify 

5 and disseminate best practices; organize the collection, anal6 ysis and dissemination of infrastructure vulnerabilities and 

7 threats; work cooperatively with the Department of Energy 

8 and other Federal agencies to identify areas where Federal 

9 agencies with jurisdiction may best support efforts to en10 hance security of the bulk power electric grid: Provided fur11 ther, That, of the amount appropriated in this paragraph, 

12 $6,475,000 shall be used for projects specified in the table 

13 that appears under the heading ‘‘Congressionally Directed 

14 Electricity Delivery and Energy Reliability Projects’’ in the 

15 report of the Committee on Appropriations of the United 

16 States Senate to accompany this Act. 

17 NUCLEAR ENERGY

18 (INCLUDING TRANSFER OF FUNDS)

19 For Department of Energy expenses including the pur20 chase, construction, and acquisition of plant and capital 

21 equipment, and other expenses necessary for nuclear energy 

22 activities in carrying out the purposes of the Department 

23 of Energy Organization Act (42 U.S.C. 7101 et seq.), in24 cluding the acquisition or condemnation of any real prop25 erty or any facility or for plant or facility acquisition, con-
46 

† HR 3183 EAS 

1 struction, or expansion, and the purchase of not to exceed 

2 36 passenger motor vehicles, including one ambulance, all 

3 for replacement only, $761,274,000, to remain available 

4 until expended: Provided, That, of the amount appropriated 

5 in this paragraph, $2,000,000 shall be used for projects 

6 specified in the table that appears under the heading ‘‘Con7 gressionally Directed Nuclear Energy Projects’’ in the re8 port of the Committee on Appropriations of the United 

9 States Senate to accompany this Act. 

10 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

11 For necessary expenses in carrying out fossil energy 

12 research and development activities, under the authority of 

13 the Department of Energy Organization Act (Public Law 

14 95–91), including the acquisition of interest, including de15 feasible and equitable interests in any real property or any 

16 facility or for plant or facility acquisition or expansion, 

17 and for conducting inquiries, technological investigations 

18 and research concerning the extraction, processing, use, and 

19 disposal of mineral substances without objectionable social 

20 and environmental costs (30 U.S.C. 3, 1602, and 1603), 

21 $699,200,000, to remain available until expended: Pro22 vided, That for all programs funded under Fossil Energy 

23 appropriations in this Act or any other Act, the Secretary 

24 may vest fee title or other property interests acquired under 

25 projects in any entity, including the United States: Pro-
47 

† HR 3183 EAS 

1 vided further, That, of the amount appropriated in this 

2 paragraph, $27,300,000 shall be used for projects specified 

3 in the table that appears under the heading ‘‘Congression4 ally Directed Fossil Energy Projects’’ in the report of the 

5 Committee on Appropriations of the United States Senate 

6 to accompany this Act. 

7 NAVAL PETROLEUM AND OIL SHALE RESERVES

8 For expenses necessary to carry out naval petroleum 

9 and oil shale reserve activities, including the hire of pas10 senger motor vehicles, $23,627,000, to remain available 

11 until expended: Provided, That, notwithstanding any other 

12 provision of law, unobligated funds remaining from prior 

13 years shall be available for all naval petroleum and oil shale 

14 reserve activities. 

15 STRATEGIC PETROLEUM RESERVE

16 For necessary expenses for Strategic Petroleum Reserve 

17 facility development and operations and program manage18 ment activities pursuant to the Energy Policy and Con19 servation Act of 1975, as amended (42 U.S.C. 6201 et seq.), 

20 $259,073,000, to remain available until expended. 

21 NORTHEAST HOME HEATING OIL RESERVE

22 For necessary expenses for Northeast Home Heating 

23 Oil Reserve storage, operation, and management activities 

24 pursuant to the Energy Policy and Conservation Act, 

25 $11,300,000, to remain available until expended. 
48 

† HR 3183 EAS 

1 ENERGY INFORMATION ADMINISTRATION

2 For necessary expenses in carrying out the activities 

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

4 to remain available until expended. 

5 NON-DEFENSE ENVIRONMENTAL CLEANUP

6 For Department of Energy expenses, including the 

7 purchase, construction, and acquisition of plant and cap8 ital equipment and other expenses necessary for non-defense 

9 environmental cleanup activities in carrying out the pur10 poses of the Department of Energy Organization Act (42 

11 U.S.C. 7101 et seq.), including the acquisition or con12 demnation of any real property or any facility or for plant 

13 or facility acquisition, construction, or expansion, 

14 $259,829,000, to remain available until expended. 

15 URANIUM ENRICHMENT DECONTAMINATION AND

16 DECOMMISSIONING FUND

17 For necessary expenses in carrying out uranium en18 richment facility decontamination and decommissioning, 

19 remedial actions, and other activities of title II of the Atom20 ic Energy Act of 1954, and title X, subtitle A, of the Energy 

21 Policy Act of 1992, $588,322,000, to be derived from the 

22 Uranium Enrichment Decontamination and Decommis23 sioning Fund, to remain available until expended. 
49 

† HR 3183 EAS 

1 SCIENCE

2 For Department of Energy expenses including the pur3 chase, construction and acquisition of plant and capital 

4 equipment, and other expenses necessary for science activi5 ties in carrying out the purposes of the Department of En6 ergy Organization Act (42 U.S.C. 7101 et seq.), including 

7 the acquisition or condemnation of any real property or 

8 facility or for plant or facility acquisition, construction, or 

9 expansion, and purchase of not to exceed 50 passenger 

10 motor vehicles for replacement only, including one law en11 forcement vehicle, two ambulances, and three buses, 

12 $4,898,832,000, to remain available until expended: Pro13 vided, That, of the amount appropriated in this paragraph, 

14 $41,150,000 shall be used for projects specified in the table 

15 that appears under the heading ‘‘Congressionally Directed 

16 Science Projects’’ in the report of the Committee on Appro17 priations of the United States Senate to accompany this 

18 Act. 

19 NUCLEAR WASTE DISPOSAL

20 For nuclear waste disposal activities to carry out the 

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

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

23 remain available until expended, and to be derived from 

24 the Nuclear Waste Fund: Provided, That of the funds made 

25 available in this Act for nuclear waste disposal and defense 
50 

† HR 3183 EAS 

1 nuclear waste disposal activities, 2.54 percent shall be pro2 vided to the Office of the Attorney General of the State of 

3 Nevada solely for expenditures, other than salaries and ex4 penses of State employees, to conduct scientific oversight re5 sponsibilities and participate in licensing activities pursu6 ant to the NWPA: Provided further, That notwithstanding 

7 the lack of a written agreement with the State of Nevada 

8 under section 117(c) of the NWPA, 0.51 percent shall be 

9 provided to Nye County, Nevada, for on-site oversight ac10 tivities under section 117(d) of the NWPA: Provided fur11 ther, That of the funds made available in this Act for nu12 clear waste disposal and defense nuclear waste disposal ac13 tivities, 4.57 percent shall be provided to affected units of 

14 local government, as defined in the NWPA, to conduct ap15 propriate activities and participate in licensing activities 

16 under Section 116(c) of the NWPA: Provided further, That 

17 of the amounts provided to affected units of local govern18 ment, 7.5 percent of the funds provided for the affected units 

19 of local government shall be made available to affected units 

20 of local government in California with the balance made 

21 available to affected units of local government in Nevada 

22 for distribution as determined by the Nevada affected units 

23 of local government: Provided further, That of the funds 

24 made available in this Act for nuclear waste disposal and 

25 defense nuclear waste disposal activities, 0.25 percent shall 
51 

† HR 3183 EAS 

1 be provided to the affected Federally-recognized Indian 

2 tribes, as defined in the NWPA, solely for expenditures, 

3 other than salaries and expenses of tribal employees, to con4 duct appropriate activities and participate in licensing ac5 tivities under section 118(b) of the NWPA: Provided further, 

6 That notwithstanding the provisions of chapters 65 and 75 

7 of title 31, United States Code, the Department shall have 

8 no monitoring, auditing or other oversight rights or respon9 sibilities over amounts provided to affected units of local 

10 government: Provided further, That the funds for the State 

11 of Nevada shall be made available solely to the Office of 

12 the Attorney General by direct payment and to units of 

13 local government by direct payment: Provided further, That 

14 4.57 percent of the funds made available in this Act for 

15 nuclear waste disposal and defense nuclear waste disposal 

16 activities shall be provided to Nye County, Nevada, as pay17 ment equal to taxes under section 116(c)(3) of the NWPA: 

18 Provided further, That within 90 days of the completion 

19 of each Federal fiscal year, the Office of the Attorney Gen20 eral of the State of Nevada, each affected Federally-recog21 nized Indian tribe, and each of the affected units of local 

22 government shall provide certification to the Department of 

23 Energy that all funds expended from such payments have 

24 been expended for activities authorized by the NWPA and 

25 this Act: Provided further, That failure to provide such cer-
52 

† HR 3183 EAS 

1 tification shall cause such entity to be prohibited from any 

2 further funding provided for similar activities: Provided 

3 further, That none of the funds herein appropriated may 

4 be: (1) used directly or indirectly to influence legislative 

5 action, except for normal and recognized executive-legisla6 tive communications, on any matter pending before Con7 gress or a State legislature or for lobbying activity as pro8 vided in 18 U.S.C. 1913; (2) used for litigation expenses; 

9 or (3) used to support multi-State efforts or other coalition 

10 building activities inconsistent with the restrictions con11 tained in this Act: Provided further, That all proceeds and 

12 recoveries realized by the Secretary in carrying out activi13 ties authorized by the NWPA, including but not limited to, 

14 any proceeds from the sale of assets, shall be available with15 out further appropriation and shall remain available until 

16 expended: Provided further, That no funds provided in this 

17 Act or any previous Act may be used to pursue repayment 

18 or collection of funds provided in any fiscal year to affected 

19 units of local government for oversight activities that had 

20 been previously approved by the Department of Energy, or 

21 to withhold payment of any such funds. 

22 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

23 PROGRAM

24 Such sums as are derived from amounts received from 

25 borrowers pursuant to section 1702(b)(2) of the Energy Pol-
53 

† HR 3183 EAS 

1 icy Act of 2005 under this heading in prior Acts, shall be 

2 collected in accordance with section 502(7) of the Congres3 sional Budget Act of 1974: Provided,, That for necessary 

4 administrative expenses to carry out this Loan Guarantee 

5 program, $43,000,000 is appropriated, to remain available 

6 until expended: Provided further, That $43,000,000 of the 

7 fees collected pursuant to section 1702(h) of the Energy Pol8 icy Act of 2005 shall be credited as offsetting collections to 

9 this account to cover administrative expenses and shall re10 main available until expended, so as to result in a final 

11 fiscal year 2010 appropriations from the general fund esti12 mated at not more than $0: Provided further, That, in ad13 ministering amounts made available by prior Acts for 

14 projects covered by title XVII of the Energy Policy Act of 

15 2005 (42 U.S.C. 16511 et seq.), the Secretary of Energy 

16 is required by that title to consider low-risk finance pro17 grams that substantially reduce or eliminate upfront costs 

18 for building owners to renovate or retrofit existing buildings 

19 to install energy efficiency or renewable energy technologies 

20 as eligible for loan guarantees authorized under sections 

21 1703 and 1705 of that Act (42 U.S.C. 16513, 16516). 
54 

† HR 3183 EAS 

1 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

2 LOAN PROGRAM

3 For administrative expenses in carrying out the Ad4 vanced Technology Vehicles Manufacturing Loan Program, 

5 $20,000,000, to remain available until expended. 

6 DEPARTMENTAL ADMINISTRATION

7 (INCLUDING TRANSFER OF FUNDS)

8 For salaries and expenses of the Department of Energy 

9 necessary for Departmental Administration in carrying out 

10 the purposes of the Department of Energy Organization Act 

11 (42 U.S.C. 7101 et seq.), including the hire of passenger 

12 motor vehicles and official reception and representation ex13 penses not to exceed $293,684,000, to remain available until 

14 expended, plus such additional amounts as necessary to 

15 cover increases in the estimated amount of cost of work for 

16 others notwithstanding the provisions of the Anti-Deficiency 

17 Act (31 U.S.C. 1511 et seq.): Provided, That such increases 

18 in cost of work are offset by revenue increases of the same 

19 or greater amount, to remain available until expended: Pro20 vided further, That moneys received by the Department for 

21 miscellaneous revenues estimated to total $119,740,000 in 

22 fiscal year 2010 may be retained and used for operating 

23 expenses within this account, and may remain available 

24 until expended, as authorized by section 201 of Public Law 

25 95–238, notwithstanding the provisions of 31 U.S.C. 3302: 
55 

† HR 3183 EAS 

1 Provided further, That the sum herein appropriated shall 

2 be reduced by the amount of miscellaneous revenues received 

3 during 2010, and any related appropriated receipt account 

4 balances remaining from prior years’ miscellaneous reve5 nues, so as to result in a final fiscal year 2010 appropria6 tion from the general fund estimated at not more than 

7 $173,944,000. 

8 OFFICE OF THE INSPECTOR GENERAL

9 For necessary expenses of the Office of the Inspector 

10 General in carrying out the provisions of the Inspector Gen11 eral Act of 1978, as amended, $51,927,000, to remain avail12 able until expended. 

13 ATOMIC ENERGY DEFENSE ACTIVITIES 

14 NATIONAL NUCLEAR SECURITY ADMINISTRATION 

15 WEAPONS ACTIVITIES

16 For Department of Energy expenses, including the 

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

19 atomic energy defense weapons activities in carrying out 

20 the purposes of the Department of Energy Organization Act 

21 (42 U.S.C. 7101 et seq.), including the acquisition or con22 demnation of any real property or any facility or for plant 

23 or facility acquisition, construction, or expansion, the pur24 chase of not to exceed one ambulance; $6,468,267,000, to 

25 remain available until expended. 
56 

† HR 3183 EAS 

1 DEFENSE NUCLEAR NONPROLIFERATION

2 For Department of Energy expenses, including the 

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

5 defense nuclear nonproliferation activities, in carrying out 

6 the purposes of the Department of Energy Organization Act 

7 (42 U.S.C. 7101 et seq.), including the acquisition or con8 demnation of any real property or any facility or for plant 

9 or facility acquisition, construction, or expansion, and the 

10 purchase of not to exceed one passenger motor vehicle for 

11 replacement only, $2,136,709,000, to remain available until 

12 expended. 

13 NAVAL REACTORS

14 For Department of Energy expenses necessary for 

15 naval reactors activities to carry out the Department of En16 ergy Organization Act (42 U.S.C. 7101 et seq.), including 

17 the acquisition (by purchase, condemnation, construction, 

18 or otherwise) of real property, plant, and capital equip19 ment, facilities, and facility expansion, $973,133,000, to re20 main available until expended. 

21 OFFICE OF THE ADMINISTRATOR

22 For necessary expenses of the Office of the Adminis23 trator in the National Nuclear Security Administration, in24 cluding official reception and representation expenses not 
57 

† HR 3183 EAS 

1 to exceed $12,000, $420,754,000, to remain available until 

2 expended. 

3 ENVIRONMENTAL AND OTHER DEFENSE 

4 ACTIVITIES 

5 DEFENSE ENVIRONMENTAL CLEANUP

6 (INCLUDING TRANSFER OF FUNDS)

7 For Department of Energy expenses, including the 

8 purchase, construction, and acquisition of plant and cap9 ital equipment and other expenses necessary for atomic en10 ergy defense environmental cleanup activities in carrying 

11 out the purposes of the Department of Energy Organization 

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

13 condemnation of any real property or any facility or for 

14 plant or facility acquisition, construction, or expansion, 

15 and the purchase of not to exceed four ambulances and three 

16 passenger motor vehicles for replacement only, 

17 $5,763,856,000, to remain available until expended, of 

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

19 Enrichment Decontamination and Decommissioning 

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

21 paragraph, $4,000,000 shall be used for projects specified 

22 in the table that appears under the heading ‘‘Congression23 ally Directed Defense Environmental Cleanup Projects’’ in 

24 the report of the Committee on Appropriations of the United 

25 States Senate to accompany this Act. 
58 

† HR 3183 EAS 

1 OTHER DEFENSE ACTIVITIES

2 For Department of Energy expenses, including the 

3 purchase, construction, and acquisition of plant and cap4 ital equipment and other expenses, necessary for atomic en5 ergy defense, other defense activities, and classified activi6 ties, in carrying out the purposes of the Department of En7 ergy Organization Act (42 U.S.C. 7101 et seq.), including 

8 the acquisition or condemnation of any real property or 

9 any facility or for plant or facility acquisition, construc10 tion, or expansion, and the purchase of not to exceed 12 

11 passenger motor vehicles for replacement only, 

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

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

15 that appears under the heading ‘‘Congressionally Directed 

16 Other Defense Activities Projects’’ in the report of the Com17 mittee on Appropriations of the United States Senate to 

18 accompany this Act. 

19 DEFENSE NUCLEAR WASTE DISPOSAL

20 For nuclear waste disposal activities to carry out the 

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

22 acquisition of real property or facility construction or ex23 pansion, $98,400,000, to remain available until expended. 
59 

† HR 3183 EAS 

1 POWER MARKETING ADMINISTRATIONS 

2 BONNEVILLE POWER ADMINISTRATION FUND

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

5 approved for the Leaburg Fish Sorter, the Okanogan Basin 

6 Locally Adapted Steelhead Supplementation Program, and 

7 the Crystal Springs Hatchery Facilities, and, in addition, 

8 for official reception and representation expenses in an 

9 amount not to exceed $1,500. During fiscal year 2010, no 

10 new direct loan obligations may be made. 

11 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

12 ADMINISTRATION

13 For necessary expenses of operation and maintenance 

14 of power transmission facilities and of marketing electric 

15 power and energy, including transmission wheeling and 

16 ancillary services pursuant to section 5 of the Flood Control 

17 Act of 1944 (16 U.S.C. 825s), as applied to the southeastern 

18 power area, $7,638,000, to remain available until expended: 

19 Provided, That notwithstanding 31 U.S.C. 3302 and section 

20 5 of the Flood Control Act of 1944, up to $7,638,000 col21 lected by the Southeastern Power Administration from the 

22 sale of power and related services shall be credited to this 

23 account as discretionary offsetting collections, to remain 

24 available until expended for the sole purpose of funding the 

25 annual expenses of the Southeastern Power Administration: 
60 

† HR 3183 EAS 

1 Provided further, That the sum herein appropriated for an2 nual expenses shall be reduced as collections are received 

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

4 2010 appropriation estimated at not more than $0: Pro5 vided further, That, notwithstanding 31 U.S.C. 3302, up 

6 to $70,806,000 collected by the Southeastern Power Admin7 istration pursuant to the Flood Control Act of 1944 to re8 cover purchase power and wheeling expenses shall be cred9 ited to this account as offsetting collections, to remain avail10 able until expended for the sole purpose of making purchase 

11 power and wheeling expenditures: Provided further, That 

12 notwithstanding the provisions of 31 U.S.C. 3302 and sec13 tion 5 of the Flood Control Act of 1944, all funds collected 

14 by the Southeastern Power Administration that are appli15 cable to the repayment of the annual expenses of this ac16 count in this and subsequent fiscal years shall be credited 

17 to this account as discretionary offsetting collections for the 

18 sole purpose of funding such expenses, with such funds re19 maining available until expended: Provided further, That 

20 for purposes of this appropriation, annual expenses means 

21 expenditures that are generally recovered in the same year 

22 that they are incurred (excluding purchase power and 

23 wheeling expenses). 
61 

† HR 3183 EAS 

1 OPERATION AND MAINTENANCE, SOUTHWESTERN POWER

2 ADMINISTRATION

3 For necessary expenses of operation and maintenance 

4 of power transmission facilities and of marketing electric 

5 power and energy, for construction and acquisition of 

6 transmission lines, substations and appurtenant facilities, 

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

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

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

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

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

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

16 related services shall be credited to this account as discre17 tionary offsetting collections, to remain available until ex18 pended, for the sole purpose of funding the annual expenses 

19 of the Southwestern Power Administration: Provided fur20 ther, That the sum herein appropriated for annual expenses 

21 shall be reduced as collections are received during the fiscal 

22 year so as to result in a final fiscal year 2010 appropria23 tion estimated at not more than $13,076,000: Provided fur24 ther, That, notwithstanding 31 U.S.C. 3302, up to 

25 $38,000,000 collected by the Southwestern Power Adminis-
62 

† HR 3183 EAS 

1 tration pursuant to the Flood Control Act of 1944 to recover 

2 purchase power and wheeling expenses shall be credited to 

3 this account as offsetting collections, to remain available 

4 until expended for the sole purpose of making purchase 

5 power and wheeling expenditures: Provided further, That 

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

7 Control Act of 1944, all funds collected by the Southwestern 

8 Power Administration that are applicable to the repayment 

9 of the annual expenses of this account in this and subse10 quent fiscal years shall be credited to this account as discre11 tionary offsetting collections for the sole purpose of funding 

12 such expenses, with such funds remaining available until 

13 expended: Provided further, That for purposes of this appro14 priation, annual expenses means expenditures that are gen15 erally recovered in the same year that they are incurred 

16 (excluding purchase power and wheeling expenses). 

17 CONSTRUCTION, REHABILITATION, OPERATION AND

18 MAINTENANCE, WESTERN AREA POWER ADMINISTRATION

19 For carrying out the functions authorized by title III, 

20 section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 

21 7152), and other related activities including conservation 

22 and renewable resources programs as authorized, including 

23 official reception and representation expenses in an amount 

24 not to exceed $1,500,000; $256,711,000 to remain available 

25 until expended, of which $245,216,000 shall be derived from 
63 

† HR 3183 EAS 

1 the Department of the Interior Reclamation Fund: Pro2 vided, That notwithstanding 31 U.S.C. 3302, section 5 of 

3 the Flood Control Act of 1944 (16 U.S.C. 825s), and section 

4 1 of the Interior Department Appropriation Act, 1939 (43 

5 U.S.C. 392a), up to $147,530,000 collected by the Western 

6 Area Power Administration from the sale of power and re7 lated services shall be credited to this account as discre8 tionary offsetting collections, to remain available until ex9 pended, for the sole purpose of funding the annual expenses 

10 of the Western Area Power Administration: Provided fur11 ther, That the sum herein appropriated for annual expenses 

12 shall be reduced as collections are received during the fiscal 

13 year so as to result in a final fiscal year 2010 appropria14 tion estimated at not more than $109,181,000, of which 

15 $97,686,000 is derived from the Reclamation Fund: Pro16 vided further, That of the amount herein appropriated, 

17 $7,584,000 is for deposit into the Utah Reclamation Mitiga18 tion and Conservation Account pursuant to title IV of the 

19 Reclamation Projects Authorization and Adjustment Act of 

20 1992: Provided further, That notwithstanding 31 U.S.C. 

21 3302, up to $349,807,000 collected by the Western Area 

22 Power Administration pursuant to the Flood Control Act 

23 of 1944 and the Reclamation Project Act of 1939 to recover 

24 purchase power and wheeling expenses shall be credited to 

25 this account as offsetting collections, to remain available 
64 

† HR 3183 EAS 

1 until expended for the sole purpose of making purchase 

2 power and wheeling expenditures: Provided further, That 

3 of the amount herein appropriated, up to $18,612,000 is 

4 provided on a nonreimbursable basis for environmental re5 mediation at the Basic Substation site in Henderson, Ne6 vada: Provided further, That notwithstanding 31 U.S.C. 

7 3302, section 5 of the Flood Control Act of 1944 (16 U.S.C. 

8 825s), and section 1 of the Interior Department Appropria9 tion Act, 1939 (43 U.S.C. 392a), funds collected by the 

10 Western Area Power Administration from the sale of power 

11 and related services that are applicable to the repayment 

12 of the annual expenses of this account in this and subse13 quent fiscal years shall be credited to this account as discre14 tionary offsetting collections for the sole purpose of funding 

15 such expenses, with such funds remaining available until 

16 expended: Provided further, That for purposes of this appro17 priation, annual expenses means expenditures that are gen18 erally recovered in the same year that they are incurred 

19 (excluding purchase 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, $2,568,000, to remain available until expended, and 

25 to be derived from the Falcon and Amistad Operating and 
65 

† HR 3183 EAS 

1 Maintenance Fund of the Western Area Power Administra2 tion, as provided in section 2 of the Act of June 18, 1954 

3 (68 Stat. 255) as amended: Provided, That notwithstanding 

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

5 $2,348,000 collected by the Western Area Power Adminis6 tration from the sale of power and related services from the 

7 Falcon and Amistad Dams shall be credited to this account 

8 as discretionary offsetting collections, to remain available 

9 until expended for the sole purpose of funding the annual 

10 expenses of the hydroelectric facilities of these Dams and 

11 associated Western Area Power Administration activities: 

12 Provided further, That the sum herein appropriated for an13 nual expenses shall be reduced as collections are received 

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

15 2010 appropriation estimated at not more than $220,000: 

16 Provided further, That notwithstanding the provisions of 

17 section 2 of the Act of June 18, 1954 (68 Stat. 255) as 

18 amended, and 31 U.S.C. 3302, all funds collected by the 

19 Western Area Power Administration from the sale of power 

20 and related services from the Falcon and Amistad Dams 

21 that are applicable to the repayment of the annual expenses 

22 of the hydroelectric facilities of these Dams and associated 

23 Western Area Power Administration activities in this and 

24 subsequent fiscal years shall be credited to this account as 

25 discretionary offsetting collections for the sole purpose of 
66 

† HR 3183 EAS 

1 funding such expenses, with such funds remaining available 

2 until expended: Provided further, That for purposes of this 

3 appropriation, annual expenses means expenditures that 

4 are generally recovered in the same year that they are in5 curred. 

6 FEDERAL ENERGY REGULATORY COMMISSION

7 SALARIES AND EXPENSES

8 For necessary expenses of the Federal Energy Regu9 latory Commission to carry out the provisions of the De10 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

12 the hire of passenger motor vehicles, and official reception 

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

14 $298,000,000, to remain available until expended: Pro15 vided, That notwithstanding any other provision of law, not 

16 to exceed $298,000,000 of revenues from fees and annual 

17 charges, and other services and collections in fiscal year 

18 2010 shall be retained and used for necessary expenses in 

19 this account, and shall remain available until expended: 

20 Provided further, That the sum herein appropriated from 

21 the general fund shall be reduced as revenues are received 

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

23 2010 appropriation from the general fund estimated at not 

24 more than $0. 
67 

† HR 3183 EAS 

1 GENERAL PROVISIONS, DEPARTMENT OF 

2 ENERGY 

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

4 may be used to prepare or initiate Requests For Proposals 

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

6 by Congress. 

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

8 may be used— 

9 (1) to augment the funds made available for obli10 gation by this Act for severance payments and other 

11 benefits and community assistance grants under sec12 tion 4604 of the Atomic Energy Defense Act (50 

13 U.S.C. 2704) unless the Department of Energy sub14 mits a reprogramming request to the appropriate con15 gressional committees; or 

16 (2) to provide enhanced severance payments or 

17 other benefits for employees of the Department of En18 ergy under such section; or 

19 (3) develop or implement a workforce restruc20 turing plan that covers employees of the Department 

21 of Energy. 

22 SEC. 303. The unexpended balances of prior appro23 priations provided for activities in this Act may be avail24 able to the same appropriation accounts for such activities 

25 established pursuant to this title. Available balances may 
68 

† HR 3183 EAS 

1 be merged with funds in the applicable established accounts 

2 and thereafter may be accounted for as one fund for the 

3 same time period as originally enacted. 

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

5 for the Administrator of the Bonneville Power Administra6 tion may be used to enter into any agreement to perform 

7 energy efficiency services outside the legally defined Bonne8 ville service territory, with the exception of services provided 

9 internationally, including services provided on a reimburs10 able basis, unless the Administrator certifies in advance 

11 that such services are not available from private sector busi12 nesses. 

13 SEC. 305. When the Department of Energy makes a 

14 user facility available to universities or other potential 

15 users, or seeks input from universities or other potential 

16 users regarding significant characteristics or equipment in 

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

18 shall ensure broad public notice of such availability or such 

19 need for input to universities and other potential users. 

20 When the Department of Energy considers the participation 

21 of a university or other potential user as a formal partner 

22 in the establishment or operation of a user facility, the De23 partment shall employ full and open competition in select24 ing such a partner. For purposes of this section, the term 

25 ‘‘user facility’’ includes, but is not limited to: (1) a user 
69 

† HR 3183 EAS 

1 facility as described in section 2203(a)(2) of the Energy 

2 Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a National 

3 Nuclear Security Administration Defense Programs Tech4 nology Deployment Center/User Facility; and (3) any other 

5 Departmental facility designated by the Department as a 

6 user facility. 

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

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

9 for intelligence activities are deemed to be specifically au10 thorized by the Congress for purposes of section 504 of the 

11 National Security Act of 1947 (50 U.S.C. 414) during fiscal 

12 year 2010 until the enactment of the Intelligence Authoriza13 tion Act for fiscal year 2010. 

14 SEC. 307. Of the funds made available by the Depart15 ment of Energy for activities at Government-owned, con16 tractor-operated laboratories funded in this Act or subse17 quent Energy and Water Development Appropriations Acts, 

18 the Secretary may authorize a specific amount, not to ex19 ceed 8 percent of such funds, to be used by such laboratories 

20 for laboratory directed research and development: Provided, 

21 That the Secretary may also authorize a specific amount 

22 not to exceed 4 percent of such funds, to be used by the 

23 plant manager of a covered nuclear weapons production 

24 plant or the manager of the Nevada Site Office for plant 

25 or site directed research and development. 
70 

† HR 3183 EAS 

1 SEC. 308. Not to exceed 5 per centum, or $100,000,000, 

2 of any appropriation, whichever is less, made available for 

3 Department of Energy activities funded in this Act or sub4 sequent Energy and Water Development Appropriations 

5 Acts may hereafter be transferred between such appropria6 tions, but no such appropriation, except as otherwise pro7 vided, shall be increased or decreased by more than 5 per 

8 centum by any such transfers, and request of such transfers 

9 shall be submitted promptly to the Committees on Appro10 priations of the House and Senate. 

11 SEC. 309. (a) Subject to subsection (b), no funds ap12 propriated or otherwise made available by this Act or any 

13 other Act may be used to record transactions relating to 

14 the increase in borrowing authority or bonds outstanding 

15 at any time under the Federal Columbia River Trans16 mission System Act (16 U.S.C. 838 et seq.) referred to in 

17 section 401 of division A of the American Recovery and 

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

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

20 other than the Bonneville Power Administration Fund 

21 Treasury account fund symbol. 

22 (b) Funds appropriated or otherwise made available 

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

24 purposes of meeting any applicable reporting provisions of 

25 the American Recovery and Reinvestment Act of 2009 (Pub-
71 

† HR 3183 EAS 

1 lic Law 111–5; 123 Stat. 115), that the Bonneville Power 

2 Administration uses a fund symbol other than the Bonne3 ville Power Administration Fund Treasury account fund 

4 symbol solely to report accrued expenditures of projects at5 tributed by the Administrator of the Bonneville Power Ad6 ministration to the increased borrowing authority. 

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

8 subsequent fiscal years. 

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

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

11 grant award, discretionary contract award, Other Trans12 action Agreement, or to issue a letter of intent totaling in 

13 excess of $1,000,000, or to announce publicly the intention 

14 to make such an award, including a contract covered by 

15 the Federal Acquisition Regulation, unless the Secretary of 

16 Energy notifies the Committees on Appropriations of the 

17 Senate and the House of Representatives at least 3 full busi18 ness days in advance of making such an award or issuing 

19 such a letter: Provided, That if the Secretary of the Depart20 ment of Energy determines that compliance with this sec21 tion would pose a substantial risk to human life, health, 

22 or safety, an award may be made without notification and 

23 the Committees on Appropriations of the Senate and the 

24 House of Representatives shall be notified not later than 
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1 5 full business days after such an award is made or letter 

2 issued. 

3 SEC. 311. (a) In any fiscal year in which the Secretary 

4 of Energy determines that additional funds are needed to 

5 reimburse the costs of defined benefit pension plans for con6 tractor employees, the Secretary may transfer not more 

7 than 1 percent from each appropriation made available in 

8 this and subsequent Energy and Water Development Appro9 priation Acts to any other appropriation available to the 

10 Secretary in the same Act for such reimbursements. 

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

12 benefit pension plans for contractor employees through 

13 charges for the indirect costs of research and activities at 

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

15 attributable to defined benefit pension plan costs in a fiscal 

16 year are more than charges in fiscal year 2008, the Sec17 retary shall carry out a transfer of funds under this section. 

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

19 Secretary shall use each appropriation made available to 

20 the Department in that fiscal year as a source for the trans21 fer, and shall reduce each appropriation by an equal per22 centage, except that appropriations for which the Secretary 

23 determines there exists a need for additional funds for pen24 sion plan costs in that fiscal year, as well as appropriations 

25 made available for the Power Marketing Administrations, 
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1 the title XVII loan guarantee program, and the Federal En2 ergy Regulatory Commission, shall not be subject to this 

3 requirement. 

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

5 Committees on Appropriations of the House of Representa6 tives and the Senate on the state of defined benefit pension 

7 plan liabilities in the Department for the preceding year. 

8 (e) This transfer authority does not apply to supple9 mental appropriations, and is in addition to any other 

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

11 authority provided under this section shall expire on Sep12 tember 30, 2015. 

13 AUTHORITY OF NUCLEAR REGULATORY COMMISSION

14 SEC. 312. The Nuclear Regulatory Commission may 

15 use funds made available for the necessary expenses of the 

16 Nuclear Regulatory Commission for the acquisition and 

17 lease of additional office space provided by the General 

18 Services Administration in accordance with the fourth and 

19 fifth provisos in the matter under the heading ‘‘SALARIES

20 AND EXPENSES’’ under the heading ‘‘NUCLEAR REGU21 LATORY COMMISSION’’ under the heading ‘‘INDE22 PENDENT AGENCIES’’ of title IV of division C of the 

23 Omnibus Appropriations Act, 2009 (Public Law 111–8; 

24 123 Stat. 629). 
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1 SEC. 313. None of the funds appropriated or otherwise 

2 made available by this Act may be used by the Department 

3 of Energy to enter into any federal contract unless such con4 tract is entered into in accordance with the requirements 

5 of the Federal Property and Administrative Services Act 

6 of 1949 (41 U.S.C. 253) or Chapter 137 of title 10, United 

7 States Code, and the Federal Acquisition Regulation, unless 

8 such contract is otherwise authorized by statute to be en9 tered into without regard to the above referenced statutes. 

10 SEC. 314. (a) Except as provided in subsection (b), 

11 none of the funds appropriated or otherwise made available 

12 by this title for the Strategic Petroleum Reserve may be 

13 made available to any person that as of the enactment of 

14 this Act— 

15 (1) is selling refined petroleum products valued 

16 at $1,000,000 or more to the Islamic Republic of 

17 Iran; 

18 (2) is engaged in an activity valued at 

19 $1,000,000 or more that could contribute to enhanc20 ing the ability of the Islamic Republic of Iran to im21 port refined petroleum products, including— 

22 (A) providing ships or shipping services to 

23 deliver refined petroleum products to the Islamic 

24 Republic of Iran; 
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1 (B) underwriting or otherwise providing in2 surance or reinsurance for such an activity; or 

3 (C) financing or brokering such an activity; 

4 or 

5 (3) is selling, leasing, or otherwise providing to 

6 the Islamic Republic of Iran any goods, services, or 

7 technology valued at $1,000,000 or more that could 

8 contribute to the maintenance or expansion of the ca9 pacity of the Islamic Republic of Iran to produce re10 fined petroleum products. 

11 (b) The prohibition on the use of funds under sub12 section (a) shall not apply with respect to any contract en13 tered into by the United States Government before the date 

14 of the enactment of this Act. 

15 (c) If the Secretary determines a person made ineli16 gible by this section has ceased the activities enumerated 

17 in (a)(1)–(3), that person shall no longer be ineligible under 

18 this section. 

19 TITLE IV 

20 INDEPENDENT AGENCIES 

21 APPALACHIAN REGIONAL COMMISSION

22 For expenses necessary to carry out the programs au23 thorized by the Appalachian Regional Development Act of 

24 1965, as amended, for necessary expenses for the Federal 

25 Co-Chairman and the Alternate on the Appalachian Re-
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1 gional Commission, for payment of the Federal share of the 

2 administrative expenses of the Commission, including serv3 ices as authorized by 5 U.S.C. 3109, and hire of passenger 

4 motor vehicles, $76,000,000, to remain available until ex5 pended: Provided, That any congressionally directed spend6 ing shall be taken from within that State’s allocation in 

7 the fiscal year in which it is provided. 

8 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

9 SALARIES AND EXPENSES

10 For necessary expenses of the Defense Nuclear Facili11 ties Safety Board in carrying out activities authorized by 

12 the Atomic Energy Act of 1954, as amended by Public Law 

13 100–456, section 1441, $26,086,000, to remain available 

14 until expended. 

15 DELTA REGIONAL AUTHORITY

16 SALARIES AND EXPENSES

17 For necessary expenses of the Delta Regional Authority 

18 and to carry out its activities, as authorized by the Delta 

19 Regional Authority Act of 2000, as amended, notwith20 standing sections 382C(b)(2), 382F(d), 382M, and 382N of 

21 said Act, $13,000,000, to remain available until expended. 

22 DENALI COMMISSION

23 For expenses of the Denali Commission including the 

24 purchase, construction, and acquisition of plant and cap25 ital equipment as necessary and other expenses, 
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1 $11,965,000, to remain available until expended, notwith2 standing the limitations contained in section 306(g) of the 

3 Denali Commission Act of 1998. 

4 NUCLEAR REGULATORY COMMISSION

5 SALARIES AND EXPENSES

6 For necessary expenses of the Commission in carrying 

7 out the purposes of the Energy Reorganization Act of 1974, 

8 as amended, and the Atomic Energy Act of 1954, as amend9 ed, including official representation expenses (not to exceed 

10 $25,000), $1,061,000,000, to remain available until ex11 pended: Provided, That of the amount appropriated herein, 

12 $29,000,000 shall be derived from the Nuclear Waste Fund: 

13 Provided further, That revenues from licensing fees, inspec14 tion services, and other services and collections estimated 

15 at $902,402,000 in fiscal year 2010 shall be retained and 

16 used for necessary salaries and expenses in this account, 

17 notwithstanding 31 U.S.C. 3302, and shall remain avail18 able until expended: Provided further, That the sum herein 

19 appropriated shall be reduced by the amount of revenues 

20 received during fiscal year 2010 so as to result in a final 

21 fiscal year 2010 appropriation estimated at not more than 

22 $158,598,000: Provided further, That of the amounts appro23 priated, $10,000,000 is provided to support university re24 search and development in areas relevant to their respective 

25 organization’s mission, and $5,000,000 is to support a Nu-
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1 clear Science and Engineering Grant Program that will 

2 support multiyear projects that do not align with pro3 grammatic missions but are critical to maintaining the dis4 cipline of nuclear science and engineering. 

5 OFFICE OF INSPECTOR GENERAL

6 For necessary expenses of the Office of Inspector Gen7 eral in carrying out the provisions of the Inspector General 

8 Act of 1978, as amended, $10,860,000, to remain available 

9 until expended: Provided, That revenues from licensing fees, 

10 inspection services, and other services and collections esti11 mated at $9,774,000 in fiscal year 2010 shall be retained 

12 and be available until expended, for necessary salaries and 

13 expenses in this account, notwithstanding 31 U.S.C. 3302: 

14 Provided further, That the sum herein appropriated shall 

15 be reduced by the amount of revenues received during fiscal 

16 year 2010 so as to result in a final fiscal year 2010 appro17 priation estimated at not more than $1,086,000. 

18 NUCLEAR WASTE TECHNICAL REVIEW BOARD

19 SALARIES AND EXPENSES

20 For necessary expenses of the Nuclear Waste Technical 

21 Review Board, as authorized by Public Law 100–203, sec22 tion 5051, $3,891,000, to be derived from the Nuclear Waste 

23 Fund, and to remain available until expended. 
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1 OFFICE OF THE FEDERAL COORDINATOR FOR ALASKA

2 NATURAL GAS TRANSPORTATION PROJECTS

3 For necessary expenses for the Office of the Federal Co4 ordinator for Alaska Natural Gas Transportation Projects 

5 pursuant to the Alaska Natural Gas Pipeline Act of 2004, 

6 $4,466,000 until expended: Provided, That any fees, 

7 charges, or commissions received pursuant to section 802 

8 of Public Law 110–140 in fiscal year 2010 in excess of 

9 $4,683,000 shall not be available for obligation until appro10 priated in a subsequent Act of Congress. 

11 GENERAL PROVISION

12 SEC. 401. Section 382B of the Delta Regional Author13 ity Act of 2000 is amended by deleting (c)(1) and inserting 

14 in lieu thereof the following: ‘‘ ‘(1) IN GENERAL—VOTING.— 

15 A decision by the Authority shall require the affirmative 

16 vote of the Federal cochairperson and a majority of the 

17 State members (not including any member representing a 

18 State that is delinquent under subsection (g)(2)(C)) to be 

19 effective.’’. 

20 TITLE V 

21 GENERAL PROVISIONS 

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

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

24 congressional action on any legislation or appropriation 

25 matters pending before Congress, other than to commu-
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1 nicate to Members of Congress as described in 18 U.S.C. 

2 1913. 

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

4 Act may be transferred to any department, agency, or in5 strumentality of the United States Government, except pur6 suant to a transfer made by, or transfer authority provided 

7 in this Act or any other appropriation Act. 

8 SEC. 503. Title IV of division A of the American Re9 covery and Reinvestment Act of 2009 (Public Law 111–5) 

10 is amended by adding at the end of the title, the following 

11 new section 411: 

12 ‘‘SEC. 411. Up to 0.5 percent of each amount appro13 priated to the Department of the Army and the Bureau of 

14 Reclamation in this title may be used for the expenses of 

15 management and oversight of the programs, grants, and ac16 tivities funded by such appropriation, and may be trans17 ferred by the Head of the Federal Agency involved to any 

18 other appropriate account within the department for that 

19 purpose: Provided, That the Secretary will provide a report 

20 to the Committees on Appropriations of the House of Rep21 resentatives and the Senate 30 days prior to the transfer: 

22 Provided further, That funds set aside under this section 

23 shall remain available for obligation until September 30, 

24 2012.’’. 
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1 AGENCY ADMINISTRATIVE EXPENSES

2 SEC. 504. (a) DEFINITIONS.—In this section: 

3 (1) ADMINISTRATIVE EXPENSES.—The term ‘‘ad4 ministrative expenses’’ has the meaning as determined 

5 by the Director under subsection (b)(2). 

6 (2) AGENCY.—The term ‘‘agency’’— 

7 (A) means an agency as defined under sec8 tion 1101 of title 31, United States Code, that is 

9 established in the executive branch; and 

10 (B) shall not include the District of Colum11 bia government. 

12 (3) DIRECTOR.—The term ‘‘Director’’ means the 

13 Director of the Office of Management and Budget. 

14 (b) ADMINISTRATIVE EXPENSES.— 

15 (1) IN GENERAL.—All agencies shall include a 

16 separate category for administrative expenses when 

17 submitting their appropriation requests to the Office 

18 of Management and Budget for fiscal year 2011 and 

19 each fiscal year thereafter. 

20 (2) ADMINISTRATIVE EXPENSES DETERMINED.— 

21 In consultation with the agencies, the Director shall 

22 establish and revise as necessary a definition of ad23 ministration expenses for the purposes of this section. 

24 All questions regarding the definition of administra25 tive expenses shall be resolved by the Director. 
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1 (c) BUDGET SUBMISSION.—Each budget of the United 

2 States Government submitted under section 1105 of title 31, 

3 United States Code, for fiscal year 2011 and each fiscal 

4 year thereafter shall include the amount requested for each 

5 agency for administrative expenses. 

6 SEC. 505. (a) Notwithstanding any other provision of 

7 this Act and except as provided in subsection (b), any re8 port required to be submitted by a Federal agency or de9 partment to the Committee on Appropriations of either the 

10 Senate or the House of Representatives in an appropria11 tions Act shall be posted on the public Website of that Agen12 cy upon receipt by the committee. 

13 (b) Subsection (a) shall not apply to a report if— 

14 (1) the public posting of the report compromises 

15 national security; or 

16 (2) the report contains proprietary information. 

17 This Act may be cited as the ‘‘Energy and Water De18 velopment and Related Agencies Appropriations Act, 

19 2010’’. 

Attest: 

Secretary. 

111TH CONGRESS 

1ST SESSION H.R. 3183 

AMENDMENT