IB 

Union Calendar No. 110 

111TH CONGRESS 

1ST SESSION H. R. 3183 

[Report No. 111–203] 

Making appropriations for energy and water development and related agencies 

for the fiscal year ending September 30, 2010, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 13, 2009 

Mr. PASTOR, from the Committee on Appropriations, reported the following 

bill; which was committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

A BILL 

Making appropriations for energy and water development 

and related agencies for the fiscal year ending September 

30, 2010, and for other purposes. 


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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for en5 ergy and water development and related agencies for the 

6 fiscal year ending September 30, 2010, and for other pur7 poses, namely: 

8 TITLE I—CORPS OF ENGINEERS—CIVIL 

9 DEPARTMENT OF THE ARMY 

10 CORPS OF ENGINEERS—CIVIL

11 The following appropriations shall be expended under 

12 the direction of the Secretary of the Army and the super13 vision of the Chief of Engineers for authorized civil func14 tions of the Department of the Army pertaining to rivers 

15 and harbors, flood and storm damage reduction, shore 

16 protection, aquatic ecosystem restoration, and related ef17 forts. 

18 INVESTIGATIONS

19 For expenses necessary when authorized by law for 

20 the collection and study of basic information pertaining 

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

22 shore protection, aquatic ecosystem restoration, and re23 lated needs; for surveys and detailed studies and plans and 

24 specifications of proposed river and harbor, flood and 

25 storm damage reduction, shore protection, and aquatic 


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1 ecosystem restoration projects and related efforts prior to 

2 construction; for restudy of authorized projects; and for 

3 miscellaneous investigations and, when authorized by law, 

4 surveys and detailed studies and plans and specifications 

5 of projects prior to construction, $142,000,000, to remain 

6 available until expended: Provided, That, except as pro7 vided in section 101, the amounts made available under 

8 this paragraph shall be expended as authorized by law for 

9 the projects and activities specified in the text and table 

10 under this heading in the report of the Committee on Ap11 propriations of the House of Representatives to accom12 pany this Act. 

13 CONSTRUCTION

14 (INCLUDING TRANSFERS OF FUNDS)

15 For expenses necessary for the construction of river 

16 and harbor, flood and storm damage reduction, shore pro17 tection, aquatic ecosystem restoration, and related 

18 projects authorized by law; for conducting detailed studies 

19 and plans and specifications of such projects (including 

20 those involving participation by States, local governments, 

21 or private groups) authorized or made eligible for selection 

22 by law (but such detailed studies and plans and specifica23 tions shall not constitute a commitment of the Govern24 ment to construction), $2,122,679,000, to remain avail25 able until expended; of which such sums as are necessary 


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1 to cover the Federal share of construction costs for facili2 ties under the Dredged Material Disposal Facilities pro3 gram shall be derived from the Harbor Maintenance Trust 

4 Fund as authorized by the Water Resources Development 

5 Act of 1996 (Public Law 104–303); and of which such 

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

7 construction, replacement, rehabilitation, and expansion of 

8 inland waterways projects shall be derived from the Inland 

9 Waterways Trust Fund: Provided, That $1,500,000 of the 

10 funds appropriated under this heading in title I of division 

11 C of the Omnibus Appropriations Act, 2009 (Pub. L. 111- 

12 8; 123 Stat. 601-609) is transferred to the Investigations 

13 account and, in addition to funds appropriated by this Act, 

14 applied toward the cost of carrying out the Seven Oaks 

15 Water Conservation Study, California: Provided further, 

16 That, except as provided in section 101, the amounts 

17 made available under this paragraph shall be expended as 

18 authorized by law for the projects and activities specified 

19 in the text and table under this heading in the report of 

20 the Committee on Appropriations of the House of Rep21 resentatives to accompany this Act. 

22 MISSISSIPPI RIVER AND TRIBUTARIES

23 For expenses necessary for flood damage reduction 

24 projects and related efforts in the Mississippi River allu25 vial valley below Cape Girardeau, Missouri, as authorized 


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1 by law, $251,375,000, to remain available until expended, 

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

3 share of eligible operation and maintenance costs for in4 land harbors shall be derived from the Harbor Mainte5 nance Trust Fund: Provided, That, except as provided in 

6 section 101, the amounts made available under this para7 graph shall be expended as authorized by law for the 

8 projects and activities specified in the text and table under 

9 this heading in the report of the Committee on Appropria10 tions of the House of Representatives to accompany this 

11 Act. 

12 OPERATION AND MAINTENANCE

13 For expenses necessary for the operation, mainte14 nance, and care of existing river and harbor, flood and 

15 storm damage reduction, aquatic ecosystem restoration, 

16 and related projects authorized by law; providing security 

17 for infrastructure owned or operated by the Corps, includ18 ing administrative buildings and laboratories; maintaining 

19 harbor channels provided by a State, municipality, or 

20 other public agency that serve essential navigation needs 

21 of general commerce, when authorized by law; surveying 

22 and charting northern and northwestern lakes and con23 necting waters; clearing and straightening channels; and 

24 removing obstructions to navigation, $2,510,971,000, to 

25 remain available until expended, of which such sums as 


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1 are necessary to cover the Federal share of eligible oper2 ation and maintenance costs for coastal harbors and chan3 nels and for inland harbors shall be derived from the Har4 bor Maintenance Trust Fund; of which such sums as be5 come available from the special account for the Corps es6 tablished by the Land and Water Conservation Act of 

7 1965 (16 U.S.C. 460l–6a(i)) shall be derived from that 

8 account for resource protection, research, interpretation, 

9 and maintenance activities related to resource protection 

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

11 of which such sums as become available from fees collected 

12 under section 217 of the Water Resources Development 

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

14 the cost of operation and maintenance of the dredged ma15 terial disposal facilities for which such fees have been col16 lected: Provided, That, except as provided in section 101, 

17 the amounts made available under this paragraph shall be 

18 expended as authorized by law for the projects and activi19 ties specified in the text and table under this heading in 

20 the report of the Committee on Appropriations of the 

21 House of Representatives to accompany this Act. 

22 REGULATORY PROGRAM

23 For expenses necessary for administration of laws 

24 pertaining to regulation of navigable waters and wetlands, 

25 $190,000,000, to remain available until expended. 


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1 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

2 For expenses necessary to clean up contamination 

3 from sites in the United States resulting from work per4 formed as part of the Nation’s early atomic energy pro5 gram, $134,000,000, to remain available until expended. 

6 EXPENSES

7 For expenses necessary for the supervision and gen8 eral administration of the civil works program in the head9 quarters of the Corps and the offices of the Division Engi10 neers; and for the management and operation of the Hum11 phreys Engineer Center Support Activity, the Institute for 

12 Water Resources, the Engineer Research and Develop13 ment Center, and the Corps Finance Center, 

14 $184,000,000, to remain available until expended, of 

15 which not more than $5,000 may be used for official re16 ception and representation purposes and only during the 

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

18 appropriation in this title shall be available to fund the 

19 above activities: Provided further, That any unobligated 

20 balances from prior appropriation Acts for ‘‘Flood Control 

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

24 flood, hurricane, or other natural disaster: Provided fur25 ther, That upon submission to the Congress of the fiscal 


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1 year 2011 President’s budget, the Chief of Engineers shall 

2 transmit to Congress the annual congressional budget jus3 tifications for fiscal year 2011: Provided further, That the 

4 amount herein appropriated shall be reduced by $100,000 

5 per day for each day after initial submission of the Presi6 dent’s budget that the report has not been submitted to 

7 the Congress. 

8 OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL

9 WORKS)

10 For the Office of Assistant Secretary of the Army 

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

12 $6,000,000, to remain available until expended. 

13 ADMINISTRATIVE PROVISION

14 The Revolving Fund, Corps of Engineers, shall be 

15 available during the current fiscal year for purchase (not 

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

17 motor vehicles for the civil works program. 

18 GENERAL PROVISIONS, CORPS OF 

19 ENGINEERS—CIVIL 

20 SEC. 101. REPROGRAMMING RESTRICTION.—(a) 

21 None of the funds provided in this title shall be available 

22 for obligation or expenditure through a reprogramming of 

23 funds that— 

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

25 or activity; 


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

2 (3) increases funds or personnel for any pro3 gram, project, or activity for which funds are denied 

4 or restricted by this Act; 

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

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

7 Act; 

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

9 activity by more than $2,000,000 or 10 percent, 

10 whichever is less; or 

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

12 activity by more than $2,000,000 or 10 percent, 

13 whichever is less. 

14 (b) Subsection (a)(1) shall not apply to any project 

15 or activity authorized under section 205 of the Flood Con16 trol Act of 1948, section 14 of the Flood Control Act of 

17 1946, section 208 of the Flood Control Act of 1954, sec18 tion 107 of the River and Harbor Act of 1960, section 

19 103 of the River and Harbor Act of 1962, section 111 

20 of the River and Harbor Act of 1968, section 1135 of the 

21 Water Resources Development Act of 1986, section 206 

22 of the Water Resources Act of 1996, or section 204 of 

23 the Water Resources Act of 1992. 

24 (c) The Army Corps of Engineers shall submit re25 ports on a quarterly basis to the Committees on ApproVerDate Nov 24 2008 21:32 Jul 13, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3183.RH H3183

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1 priations of the House of Representatives and the Senate 

2 detailing all the funds reprogrammed between programs, 

3 projects, activities, or categories of funding. The first 

4 quarterly report shall be submitted not later than 60 days 

5 after the date of enactment of this Act. 

6 SEC. 102. COMPETITIVE SOURCING.—None of the 

7 funds in this Act, or previous Acts making funds available 

8 for Energy and Water Development, shall be used to im9 plement any pending or future competitive sourcing ac10 tions under OMB Circular A–76 or High Performing Or11 ganizations for the Army Corps of Engineers. 

12 SEC. 103. CONTRACT MODIFICATION.—None of the 

13 funds made available in this title may be used to award 

14 or modify any contract that commits funds beyond the 

15 amounts appropriated for that program, project, or activ16 ity that remain unobligated, except that such amounts 

17 may include any funds that have been made available 

18 through reprogramming pursuant to section 101. 

19 SEC. 104. INLAND WATERWAYS TRUST FUND.— 

20 None of the funds in this Act, or previous Acts making 

21 funds available for Energy and Water Development, shall 

22 be used to award any continuing contract that commits 

23 additional funding from the Inland Waterways Trust 

24 Fund unless or until such time that a long-term mecha25 nism to enhance revenues in the Fund sufficient to meet 


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1 the cost-sharing authorized in the Water Resources Devel2 opment Act of 1986 (Public Law 99–662) is enacted. 

3 SEC. 105. TWO HARBORS, MINNESOTA.—The project 

4 for navigation, Two Harbors, Minnesota, being carried out 

5 under section 107 of the River and Harbor Act of 1960 

6 (33 U.S.C. 577), and modified by section 3101 of the 

7 Water Resources Development Act of 2007 (121 Stat. 

8 1133), is further modified to direct the Secretary to credit, 

9 in accordance with section 221 of the Flood Control Act 

10 of 1970 (42 U.S.C. 1962d-5b), toward the non-Federal 

11 share of the project the cost of planning, design, and con12 struction work carried out by the non-Federal interest for 

13 the project before the date of execution of a partnership 

14 agreement for the project. 

15 SEC. 106. NORTHERN WISCONSIN.—Section 154(h) 

16 of title I of division B of the Miscellaneous Appropriations 

17 Act, 2001 (114 Stat. 2763A-254) (as enacted into law by 

18 Public Law 106-554) is amended by striking 

19 ‘‘$40,000,000’’ and inserting ‘‘$60,000,000’’. 

20 SEC. 107. MARTIN, KENTUCKY.—The Secretary is 

21 directed to use such funds as are necessary, from amounts 

22 made available in this Act under the heading ‘‘Construc23 tion’’, to expedite acquisition of those properties located 

24 in the vicinity of Martin, Kentucky, that were damaged 

25 by the floodwaters in the May 2009 flood event and that 


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1 fall within Phases 3 and 4 of the mandatory and voluntary 

2 acquisition elements identified in Plan A of the Chief of 

3 Engineers, Town of Martin Nonstructural Project De4 tailed Project Report, Appendix T, Section 202 General 

5 Plan, dated March 2000. 

6 SEC. 108. WHITE RIVER MINIMUM FLOW, ARKAN7 SAS.—Section 132 of the Energy and Water Development 

8 Appropriations Act of 2006 (119 Stat 2261) is amended— 

9 (1) in subsection (a)(3), by striking ‘‘Corps of 

10 Engineers’’ and inserting ‘‘Southwestern Power Ad11 ministration’’; 

12 (2) by adding at the end of subsection (a) the 

13 following new paragraph: 

14 ‘‘(5) PAYMENT TO NON-FEDERAL LICENSEE.— 

15 Southwestern Power Administration shall com16 pensate the licensee of Federal Energy Regulatory 

17 Commission Project No. 2221 pursuant to para18 graph (3) using receipts collected from the sale of 

19 Federal power and energy related services. Pursuant 

20 to paragraph (6), Southwestern Power Administra21 tion will begin collecting receipts in the Special Re22 ceipts and Disbursement account upon the date of 

23 enactment of this paragraph. Payment to the li24 censee of Federal Energy Regulatory Commission 

25 Project No. 2221 shall be paid as soon as adequate 


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1 receipts are collected in the Special Receipts and 

2 Disbursement Account to fully compensate the li3 censee, and in accordance with paragraph (2), such 

4 payment shall be considered non-reimbursable.’’; 

5 (3) by adding at the end of subsection (a) the 

6 following new paragraph: 

7 ‘‘(6) The Southwestern Power Administration 

8 shall compensate the licensee of Federal Energy 

9 Regulatory Commission Project No. 2221 in annual 

10 payments of not less than $5,000,000, until the li11 censee of Federal Energy Regulatory Commission 

12 Project No. 2221 is fully compensated pursuant to 

13 paragraph (3). At the end of each fiscal year subse14 quent to implementation, any remaining balance to 

15 be paid to the licensee of Project No. 2221 shall ac16 crue interest at the 30-year U.S. Treasury bond rate 

17 in effect at the time of implementation of the White 

18 River Minimum Flows project.’’; 

19 (4) by adding at the end of subsection (a) the 

20 following new paragraph: 

21 ‘‘(7) ESTABLISHMENT OF SPECIAL RECEIPT

22 AND DISBURSEMENT ACCOUNTS.—There is estab23 lished in the Treasury of the United States a special 

24 receipt account and corresponding disbursement ac25 count to be made available to the Administrator of 


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1 the Southwestern Power Administration to disburse 

2 pre-collected receipts from the sale of federal power 

3 and energy and related services. The accounts are 

4 authorized for the following uses: 

5 ‘‘(A) Collect and disburse receipts for pur6 chase power and wheeling expenses incurred by 

7 Southwestern Power Administration to pur8 chase replacement power and energy as a result 

9 of implementation of the White River Minimum 

10 Flows project. 

11 ‘‘(B) Collect and disburse receipts related 

12 to compensation of the licensee of Federal En13 ergy Regulatory Commission Project No. 2221. 

14 ‘‘(C) Said special receipt and disbursement 

15 account shall remain available for not more 

16 than 12 months after the date of full compensa17 tion of the licensee of Federal Energy Regu18 latory Commission Project No. 2221.’’; and 

19 (5) by adding at the end of subsection (a) the 

20 following new paragraph: 

21 ‘‘(8) TIME OF IMPLEMENTATION.—For pur22 poses of paragraphs (3) and (4), ‘time of implemen23 tation’ shall mean the authorization of the special 

24 receipt account and corresponding disbursement ac25 count described in paragraph (7).’’. 


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1 TITLE II—DEPARTMENT OF THE INTERIOR 

2 CENTRAL UTAH PROJECT

3 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

4 For carrying out activities authorized by the Central 

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

6 available until expended, of which $1,500,000 shall be de7 posited into the Utah Reclamation Mitigation and Con8 servation Account for use by the Utah Reclamation Miti9 gation and Conservation Commission. In addition, for nec10 essary expenses incurred in carrying out related respon11 sibilities of the Secretary of the Interior, $1,704,000, to 

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

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

14 for administrative expenses. 

15 BUREAU OF RECLAMATION

16 The following appropriations shall be expended to 

17 execute authorized functions of the Bureau of Reclama18 tion: 

19 WATER AND RELATED RESOURCES

20 (INCLUDING TRANSFERS OF FUNDS)

21 For management, development, and restoration of 

22 water and related natural resources and for related activi23 ties, including the operation, maintenance, and rehabilita24 tion of reclamation and other facilities, participation in 

25 fulfilling related Federal responsibilities to Native AmeriVerDate Nov 24 2008 21:32 Jul 13, 2009 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H3183.RH H3183

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1 cans, and related grants to, and cooperative and other 

2 agreements with, State and local governments, federally 

3 recognized Indian tribes, and others, $910,247,000, to re4 main available until expended, of which $53,240,000 shall 

5 be available for transfer to the Upper Colorado River 

6 Basin Fund and $17,936,000 shall be available for trans7 fer to the Lower Colorado River Basin Development Fund; 

8 of which such amounts as may be necessary may be ad9 vanced to the Colorado River Dam Fund; of which not 

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

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

12 authorized by section 106 of Public Law 91-378 (16 

13 U.S.C. 1706; popularly known as the Youth Conservation 

14 Corps Act of 1970): Provided, That such transfers may 

15 be increased or decreased within the overall appropriation 

16 under this heading: Provided further, That of the total 

17 amount appropriated, the amount for program activities 

18 that can be financed by the Reclamation Fund or the Bu19 reau of Reclamation special fee account established by sec20 tion 4(i) of the Land and Water Conservation Fund Act 

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

22 Fund or account: Provided further, That funds contributed 

23 under the Act of March 4, 1921 (43 U.S.C. 395) are avail24 able until expended for the purposes for which contrib25 uted: Provided further, That funds advanced under the Act 


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1 of January 12, 1927 (43 U.S.C. 397a) shall be credited 

2 to this account and are available until expended for the 

3 same purposes as the sums appropriated under this head4 ing: Provided further, That funds available for expenditure 

5 for the Departmental Irrigation Drainage Program may 

6 be expended by the Bureau of Reclamation for site remedi7 ation on a nonreimbursable basis: Provided further, That 

8 $4,000,000 of the funds appropriated under this heading 

9 shall be deposited in the San Gabriel Basin Restoration 

10 Fund established by section 110 of title I of appendix D 

11 of Public Law 106–554: Provided further, That, except as 

12 provided in section 201 of this Act, the amounts made 

13 available under this paragraph shall be expended as au14 thorized by law for the projects and activities specified in 

15 the text and table under this heading in the report of the 

16 Committee on Appropriations of the House of Representa17 tives to accompany this Act. 

18 CENTRAL VALLEY PROJECT RESTORATION FUND

19 For carrying out the programs, projects, plans, habi20 tat restoration, improvement, and acquisition provisions of 

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

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

23 Central Valley Project Restoration Fund pursuant to sec24 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 

25 102–575, to remain available until expended: Provided, 


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1 That the Bureau of Reclamation is directed to assess and 

2 collect the full amount of the additional mitigation and 

3 restoration payments authorized by section 3407(d) of 

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

5 funds made available under this heading may be used for 

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

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

8 by a court adopted decree or order. 

9 CALIFORNIA BAY-DELTA RESTORATION

10 (INCLUDING TRANSFERS OF FUNDS)

11 For carrying out activities authorized by the Water 

12 Supply, Reliability, and Environmental Improvement Act, 

13 consistent with plans to be approved by the Secretary of 

14 the Interior, $31,000,000, to remain available until ex15 pended, of which such amounts as may be necessary to 

16 carry out such activities may be transferred to appropriate 

17 accounts of other participating Federal agencies to carry 

18 out authorized purposes: Provided, That funds appro19 priated herein may be used for the Federal share of the 

20 costs of CALFED Program management: Provided fur21 ther, That the use of any funds provided to the California 

22 Bay-Delta Authority for program-wide management and 

23 oversight activities shall be subject to the approval of the 

24 Secretary of the Interior: Provided further, That CALFED 

25 implementation shall be carried out in a balanced manner 


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1 with clear performance measures demonstrating concur2 rent progress in achieving the goals and objectives of the 

3 Program. 

4 POLICY AND ADMINISTRATION

5 For necessary expenses of policy, administration, and 

6 related functions in the Office of the Commissioner, the 

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

8 of Reclamation, to remain available until expended, 

9 $61,200,000, to be derived from the Reclamation Fund 

10 and be nonreimbursable as provided in section 4(o) of the 

11 Act of December 5, 1924 (43 U.S.C. 377): Provided, That 

12 no part of any other appropriation in this Act shall be 

13 available for activities or functions budgeted as policy and 

14 administration expenses. 

15 ADMINISTRATIVE PROVISION

16 Appropriations for the Bureau of Reclamation shall 

17 be available for the purchase of not more than seven pas18 senger motor vehicles, which are for replacement only. 

19 GENERAL PROVISIONS, DEPARTMENT OF THE 

20 INTERIOR 

21 SEC. 201. REPROGRAMMING RESTRICTION.—(a) 

22 None of the funds provided in title II for Water and Re23 lated Resources shall be available for obligation or expend24 iture through a reprogramming of funds that— 


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1 (1) creates or initiates a new program, project, or ac2 tivity; 

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

4 (3) increases funds for any program, project, or activ5 ity for which funds have been denied or restricted by this 

6 Act; 

7 (4) reduces funds that are directed to be used for 

8 a specific program, project, or activity by this Act; 

9 (5) transfers funds in excess of the following limits: 

10 (A) 15 percent for any program, project, or ac11 tivity for which $2,000,000 or more is available at 

12 the beginning of the fiscal year; or 

13 (B) $300,000 for any program, project, or ac14 tivity for which less than $2,000,000 is available at 

15 the beginning of the fiscal year; 

16 (6) transfers more than $500,000 from either the Fa17 cilities Operation, Maintenance, and Rehabilitation cat18 egory or the Resources Management and Development 

19 category to any program, project, or activity in the other 

20 category; or 

21 (7) transfers, when necessary to discharge legal obli22 gations of the Bureau of Reclamation, more than 

23 $5,000,000 to provide adequate funds for settled con24 tractor claims, increased contractor earnings due to accelVerDate Nov 24 2008 21:32 Jul 13, 2009 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H3183.RH H3183

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1 erated rates of operations, and real estate deficiency judg2 ments. 

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

4 of funds within the Facilities Operation, Maintenance, and 

5 Rehabilitation category. 

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

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

8 project, or activity. 

9 (d) The Bureau of Reclamation shall submit reports 

10 on a quarterly basis to the Committees on Appropriations 

11 of the House of Representatives and the Senate detailing 

12 all the funds reprogrammed between programs, projects, 

13 activities, or categories of funding. The first quarterly re14 port shall be submitted not later than 60 days after the 

15 date of enactment of this Act. 

16 SEC. 202. SAN LUIS UNIT.—(a) None of the funds 

17 appropriated or otherwise made available by this Act may 

18 be used to determine the final point of discharge for the 

19 interceptor drain for the San Luis Unit until development 

20 by the Secretary of the Interior and the State of California 

21 of a plan, which shall conform to the water quality stand22 ards of the State of California as approved by the Admin23 istrator of the Environmental Protection Agency, to mini24 mize any detrimental effect of the San Luis drainage wa25 ters. 


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1 (b) The costs of the Kesterson Reservoir Cleanup 

2 Program and the costs of the San Joaquin Valley Drain3 age Program shall be classified by the Secretary of the 

4 Interior as reimbursable or nonreimbursable and collected 

5 until fully repaid pursuant to the ‘‘Cleanup Program-Al6 ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 

7 Repayment Plan’’ described in the report entitled ‘‘Repay8 ment Report, Kesterson Reservoir Cleanup Program and 

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

10 prepared by the Department of the Interior, Bureau of 

11 Reclamation. Any future obligations of funds by the 

12 United States relating to, or providing for, drainage serv13 ice or drainage studies for the San Luis Unit shall be fully 

14 reimbursable by San Luis Unit beneficiaries of such serv15 ice or studies pursuant to Federal reclamation law. 

16 TITLE III—DEPARTMENT OF ENERGY 

17 ENERGY PROGRAMS 

18 ENERGY EFFICIENCY AND RENEWABLE ENERGY

19 For Department of Energy expenses including the 

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

22 efficiency and renewable energy activities in carrying out 

23 the purposes of the Department of Energy Organization 

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

25 condemnation of any real property or any facility or for 


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1 plant or facility acquisition, construction, or expansion, 

2 $2,250,000,000, to remain available until expended: Pro3 vided, That, of the amount appropriated in this para4 graph, $500,000 shall be for research and development of 

5 novel hydrogen energy carriers that are liquid at standard 

6 temperature and pressure and store hydrogen in bound 

7 chemical states rather than as free molecules, to be award8 ed under full and open competition: Provided further, 

9 That, of the amount appropriated in this paragraph, 

10 $500,000 shall be for development of a demonstration 

11 plant for the production of biodiesel fuels from crops that, 

12 to the greatest extent possible, are cultivated on existing 

13 cropland during off-season rotations and minimize land 

14 use per unit of fuel energy produced, to be awarded under 

15 full and open competition: Provided further, That, of the 

16 amount appropriated in this paragraph, $3,000,000 shall 

17 be for development of a parking canopy facility with solar 

18 photovoltaic roof panels for electricity generation to meas19 ure the viability of using photovoltaic technologies in loca20 tions where environmental and space limitations render 

21 conventional power generation costly, to be awarded under 

22 full and open competition: Provided further, That, of the 

23 amount appropriated in this paragraph, $153,560,000 

24 shall be used for the projects specified in the table that 

25 appears under the heading ‘‘Congressionally Directed EnVerDate Nov 24 2008 21:32 Jul 13, 2009 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H3183.RH H3183

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1 ergy Efficiency and Renewable Energy Projects’’ in the 

2 report of the Committee on Appropriations of the House 

3 of Representatives to accompany this Act. 

4 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

5 For Department of Energy expenses including the 

6 purchase, construction, and acquisition of plant and cap7 ital equipment, and other expenses necessary for elec8 tricity delivery and energy reliability activities in carrying 

9 out the purposes of the Department of Energy Organiza10 tion Act (42 U.S.C. 7101 et seq.), including the acquisi11 tion or condemnation of any real property or any facility 

12 or for plant or facility acquisition, construction, or expan13 sion, $208,008,000, to remain available until expended: 

14 Provided, That, of the amount appropriated in this para15 graph, $7,600,000 shall be used for the projects specified 

16 in the table that appears under the heading ‘‘Congression17 ally Directed Electricity Delivery and Energy Reliability 

18 Projects’’ in the report of the Committee on Appropria19 tions of the House of Representatives to accompany this 

20 Act. 

21 NUCLEAR ENERGY

22 For Department of Energy expenses including the 

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

25 energy activities in carrying out the purposes of the DeVerDate Nov 24 2008 21:32 Jul 13, 2009 Jkt 079200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H3183.RH H3183

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1 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

3 real property or any facility or for plant or facility acquisi4 tion, construction, or expansion, and the purchase of not 

5 more than 36 passenger motor vehicles, including one am6 bulance, all for replacement only, $812,000,000, to remain 

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

8 appropriated in this paragraph, $500,000 shall be used 

9 for the projects specified in the table that appears under 

10 the heading ‘‘Congressionally Directed Nuclear Energy 

11 Projects’’ in the report of the Committee on Appropria12 tions of the House of Representatives to accompany this 

13 Act. 

14 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

15 For necessary expenses in carrying out fossil energy 

16 research and development activities, under the authority 

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

18 7101 et seq.), including the acquisition of interest, includ19 ing defeasible and equitable interests in any real property 

20 or any facility or for plant or facility acquisition or expan21 sion, and for conducting inquiries, technological investiga22 tions, and research concerning the extraction, processing, 

23 use, and disposal of mineral substances without objection24 able social and environmental costs (30 U.S.C. 3, 1602, 

25 and 1603), $617,565,000, to remain available until exVerDate Nov 24 2008 21:32 Jul 13, 2009 Jkt 079200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H3183.RH H3183

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1 pended: Provided, That funds appropriated for prior solici2 tations under the Clean Coal Technology Program, Power 

3 Plant Improvement Initiative, Clean Coal Power Initiative, 

4 and FutureGen, but not required by the Department to 

5 meet its obligations on projects selected under such solici6 tations, may be utilized for the Clean Coal Power Initia7 tive, pursuant to title IV of Public Law 109–58, in accord8 ance with the requirements of this Act rather than the 

9 Acts under which the funds were appropriated: Provided 

10 further, That no Clean Coal Power Initiative project may 

11 be selected for which full funding is not available to pro12 vide for the total project: Provided further, That if a Clean 

13 Coal Power Initiative project, selected after enactment of 

14 this Act for negotiation under this or any other Act in 

15 any fiscal year, is not awarded within 2 years from the 

16 date the application was selected, negotiations shall cease 

17 and the Federal funds committed to the application shall 

18 be retained by the Department for future coal-related re19 search, development, and demonstration projects, except 

20 that the time limit may be extended at the Secretary’s dis21 cretion for matters outside the control of the applicant, 

22 or if the Secretary determines that extension of the time 

23 limit is in the public interest: Provided further, That the 

24 Secretary may not delegate this responsibility for applica25 tions greater than $10,000,000: Provided further, That fiVerDate Nov 24 2008 21:32 Jul 13, 2009 Jkt 079200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H3183.RH H3183

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1 nancial assistance for costs in excess of those estimated 

2 as of the date of award of original Clean Coal Power Ini3 tiative financial assistance may not be provided in excess 

4 of the proportion of costs borne by the Government in the 

5 original agreement and shall be limited to 25 percent of 

6 the original financial assistance: Provided further, That 

7 funds shall be expended in accordance with the provisions 

8 governing the use of funds contained under the heading 

9 ‘‘Clean Coal Technology’’ in Public Law 99-190 (42 

10 U.S.C. 5903d): Provided further, That any technology se11 lected under these programs shall be considered a Clean 

12 Coal Technology, and any project selected under these 

13 programs shall be considered a Clean Coal Technology 

14 Project, for the purposes of 42 U.S.C. 7651n, and chap15 ters 51, 52, and 60 of title 40 of the Code of Federal 

16 Regulations: Provided further, That funds available for the 

17 Clean Coal Power Initiative may be used to support any 

18 technology relating to carbon capture and storage or bene19 ficial uses of carbon dioxide, without regard to the 70 and 

20 30 percent funding allocations specified in section 

21 402(b)(1)(A) and (2)(A) of the Energy Policy Act of 2005 

22 (42 U.S.C. 15962(b)(1)(A) and (2)(A)): Provided further, 

23 That, of the amount appropriated in this paragraph, 

24 $750,000 shall be for development of technologies for inte25 gration into gasification systems for the low-cost producVerDate Nov 24 2008 21:32 Jul 13, 2009 Jkt 079200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H3183.RH H3183

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1 tion of synthesis gas, to be awarded under full and open 

2 competition: Provided further, That, of the amount appro3 priated in this paragraph, $500,000 shall be for develop4 ment of fuel cell technologies for conversion of commer5 cially available fuels and biofuels into electricity, to be 

6 awarded under full and open competition: Provided fur7 ther, That, of the amount appropriated in this paragraph, 

8 $300,000 shall be for development of control technologies 

9 for increased performance in synthesis gas combustion ap10 plications, to be awarded under full and open competition: 

11 Provided further, That, of the amount appropriated in this 

12 paragraph, $8,000,000 shall be used for the projects speci13 fied in the table that appears under the heading ‘‘Congres14 sionally Directed Fossil Energy Research and Develop15 ment Projects’’ in the report of the Committee on Appro16 priations of the House of Representatives to accompany 

17 this Act. 

18 NAVAL PETROLEUM AND OIL SHALE RESERVES

19 For expenses necessary to carry out naval petroleum 

20 and oil shale reserve activities, including the hire of pas21 senger motor vehicles, $23,627,000, to remain available 

22 until expended: Provided, That, notwithstanding any other 

23 provision of law, unobligated funds remaining from prior 

24 years shall be available for all naval petroleum and oil 

25 shale reserve activities. 


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1 STRATEGIC PETROLEUM RESERVE

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

4 management activities pursuant to the Energy Policy and 

5 Conservation Act (42 U.S.C. 6201 et seq.), $228,573,000, 

6 to remain available until expended. 

7 NORTHEAST HOME HEATING OIL RESERVE

8 For necessary expenses for Northeast Home Heating 

9 Oil Reserve storage, operation, and management activities 

10 pursuant to the Energy Policy and Conservation Act (42 

11 U.S.C. 6201 et seq.), $11,300,000, to remain available 

12 until expended. 

13 ENERGY INFORMATION ADMINISTRATION

14 For necessary expenses in carrying out the activities 

15 of the Energy Information Administration, $121,858,000, 

16 to remain available until expended. 

17 NON-DEFENSE ENVIRONMENTAL CLEANUP

18 For Department of Energy expenses, including the 

19 purchase, construction, and acquisition of plant and cap20 ital equipment and other expenses necessary for non-de21 fense environmental cleanup activities in carrying out the 

22 purposes of the Department of Energy Organization Act 

23 (42 U.S.C. 7101 et seq.), including the acquisition or con24 demnation of any real property or any facility or for plant 


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1 or facility acquisition, construction, or expansion, 

2 $237,517,000, to remain available until expended. 

3 URANIUM ENRICHMENT DECONTAMINATION AND

4 DECOMMISSIONING FUND

5 For necessary expenses in carrying out uranium en6 richment facility decontamination and decommissioning, 

7 remedial actions, and other activities under title II of the 

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

9 the Energy Policy Act of 1992, $559,377,000, to be de10 rived from the Uranium Enrichment Decontamination and 

11 Decommissioning Fund, to remain available until ex12 pended. 

13 SCIENCE

14 (INCLUDING TRANSFER OF FUNDS)

15 For Department of Energy expenses including the 

16 purchase, construction, and acquisition of plant and cap17 ital equipment, and other expenses necessary for science 

18 activities in carrying out the purposes of the Department 

19 of Energy Organization Act (42 U.S.C. 7101 et seq.), in20 cluding the acquisition or condemnation of any real prop21 erty or facility or for plant or facility acquisition, construc22 tion, or expansion, and purchase of not more than 50 pas23 senger motor vehicles for replacement only, including one 

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

25 $4,943,587,000, to remain available until expended: ProVerDate Nov 24 2008 21:32 Jul 13, 2009 Jkt 079200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H3183.RH H3183

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1 vided, That $15,000,000 appropriated under this heading 

2 under prior appropriation Acts for the Advanced Research 

3 Projects Agency—Energy is hereby transferred to the 

4 ‘‘Advanced Research Projects Agency—Energy’’ account: 

5 Provided further, That, of the amount appropriated in this 

6 paragraph, $37,740,000 shall be used for the projects 

7 specified in the table that appears under the heading 

8 ‘‘Congressionally Directed Science Projects’’ in the report 

9 of the Committee on Appropriations of the House of Rep10 resentatives to accompany this Act. 

11 NUCLEAR WASTE DISPOSAL

12 For nuclear waste disposal activities to carry out the 

13 purposes of the Nuclear Waste Policy Act of 1982 (Public 

14 Law 97–425)(‘‘NWPA’’), including the acquisition of real 

15 property or facility construction or expansion, 

16 $98,400,000, to remain available until expended, and to 

17 be derived from the Nuclear Waste Fund: Provided, That 

18 of the funds made available in this Act for Nuclear Waste 

19 Disposal, $5,000,000 shall be provided to the Office of the 

20 Attorney General of the State of Nevada solely for expend21 itures, other than salaries and expenses of State employ22 ees, to conduct scientific oversight responsibilities and par23 ticipate in licensing activities pursuant to the NWPA: Pro24 vided further, That notwithstanding the lack of a written 

25 agreement with the State of Nevada under section 117(c) 


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1 of the NWPA, $1,000,000 shall be provided to Nye Coun2 ty, Nevada, for on-site oversight activities under section 

3 117(d) of such Act: Provided further, That $9,000,000 

4 shall be provided to affected units of local government, as 

5 defined in the NWPA, to conduct appropriate activities 

6 and participate in licensing activities: Provided further, 

7 That, of the $9,000,000 provided, 7.5 percent of the funds 

8 shall be made available to affected units of local govern9 ment in California with the balance made available to af10 fected units of local government in Nevada for distribution 

11 as determined by the Nevada units of local government: 

12 Provided further, That this funding shall be provided to 

13 affected units of local government, as defined in the 

14 NWPA: Provided further, That $500,000 shall be provided 

15 to the Timbisha-Shoshone Tribe solely for expenditures, 

16 other than salaries and expenses of tribal employees, to 

17 conduct appropriate activities and participate in licensing 

18 activities under section 118(b) of the NWPA: Provided 

19 further, That notwithstanding the provisions of chapters 

20 65 and 75 of title 31, United States Code, the Department 

21 shall have no monitoring, auditing, or other oversight 

22 rights or responsibilities over amounts provided to affected 

23 units of local government: Provided further, That the 

24 funds for the State of Nevada shall be made available sole25 ly to the Office of the Attorney General by direct payment 


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1 and to units of local government by direct payment: Pro2 vided further, That within 90 days of the completion of 

3 each Federal fiscal year, the Office of the Attorney Gen4 eral of the State of Nevada and each of the affected units 

5 of local government shall provide certification to the De6 partment of Energy that all funds expended from such 

7 payments have been expended for activities authorized by 

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

9 to provide such certification shall cause such entity to be 

10 prohibited from any further funding provided for similar 

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

12 appropriated may be: (1) used directly or indirectly to in13 fluence legislative action, except for normal and recognized 

14 executive-legislative communications, on any matter pend15 ing before Congress or a State legislature or for lobbying 

16 activity as provided in 18 U.S.C. 1913; (2) used for litiga17 tion expenses; or (3) used to support multi-State efforts 

18 or other coalition building activities inconsistent with the 

19 restrictions contained in this Act: Provided further, That 

20 all proceeds and recoveries realized by the Secretary in 

21 carrying out activities authorized by the NWPA, including 

22 any proceeds from the sale of assets, shall be available 

23 without further appropriation and shall remain available 

24 until expended: Provided further, That no funds provided 

25 in this Act or any previous Act may be used to pursue 


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1 repayment or collection of funds provided in any fiscal 

2 year to affected units of local government for oversight 

3 activities that had been previously approved by the De4 partment of Energy or to withhold payment of any such 

5 funds: Provided further, That of the funds made available 

6 in this Act for Nuclear Waste Disposal, $5,000,000 shall 

7 be provided to create a Blue Ribbon Commission to con8 sider all alternatives for nuclear waste disposal. 

9 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

10 PROGRAM

11 Such sums as are derived from amounts received 

12 from borrowers pursuant to section 1702(b)(2) of the En13 ergy Policy Act of 2005 under this heading in prior Acts 

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

15 Congressional Budget Act of 1974: Provided, That for 

16 necessary administrative expenses to carry out this Loan 

17 Guarantee program, $43,000,000 is appropriated, to re18 main available until expended: Provided further, That 

19 $43,000,000 of the fees collected pursuant to section 

20 1702(h) of the Energy Policy Act of 2005 shall be credited 

21 as offsetting collections to this account to cover adminis22 trative expenses and shall remain available until expended, 

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

24 from the general fund estimated at not more than $0: Pro25 vided further, That fees collected under section 1702(h) 


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1 in excess of the amount appropriated for administrative 

2 expenses shall not be available until appropriated. 

3 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

4 LOANS PROGRAM

5 For administrative expenses in carrying out the Ad6 vanced Technology Vehicles Manufacturing Loans Pro7 gram, $20,000,000, to remain available until expended. 

8 DEPARTMENTAL ADMINISTRATION

9 For salaries and expenses of the Department of En10 ergy necessary for departmental administration in car11 rying out the purposes of the Department of Energy Orga12 nization Act (42 U.S.C. 7101 et seq.), including the hire 

13 of passenger motor vehicles and official reception and rep14 resentation expenses not to exceed $30,000, 

15 $289,684,000, to remain available until expended, plus 

16 such additional amounts as necessary to cover increases 

17 in the estimated amount of cost of work for others not18 withstanding the provisions of the Anti-Deficiency Act (31 

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

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

21 or greater amount, to remain available until expended: 

22 Provided further, That moneys received by the Department 

23 for miscellaneous revenues estimated to total 

24 $119,740,000 in fiscal year 2010 may be retained and 

25 used for operating expenses within this account, and may 


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1 remain available until expended, as authorized by section 

2 201 of Public Law 95–238, notwithstanding the provisions 

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

4 appropriated shall be reduced by the amount of miscella5 neous revenues received during 2010, and any related ap6 propriated receipt account balances remaining from prior 

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

8 fiscal year 2010 appropriation from the general fund esti9 mated at not more than $169,944,000. 

10 OFFICE OF THE INSPECTOR GENERAL

11 For necessary expenses of the Office of the Inspector 

12 General in carrying out the provisions of the Inspector 

13 General Act of 1978, $51,927,000, to remain available 

14 until expended. 

15 ATOMIC ENERGY DEFENSE ACTIVITIES 

16 NATIONAL NUCLEAR SECURITY 

17 ADMINISTRATION 

18 WEAPONS ACTIVITIES

19 For Department of Energy expenses, including the 

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

22 atomic energy defense weapons activities in carrying out 

23 the purposes of the Department of Energy Organization 

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

25 condemnation of any real property or any facility or for 


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1 plant or facility acquisition, construction, or expansion, 

2 and the purchase of not more than one ambulance; 

3 $6,320,000,000, to remain available until expended: Pro4 vided, That, of the amount appropriated in this para5 graph, $3,000,000 shall be used for the projects specified 

6 under the heading ‘‘Congressionally Directed Weapons Ac7 tivities Projects’’ in the report of the Committee on Appro8 priations of the House of Representatives to accompany 

9 this Act. 

10 DEFENSE NUCLEAR NONPROLIFERATION

11 For Department of Energy expenses, including the 

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

14 defense nuclear nonproliferation activities, in carrying out 

15 the purposes of the Department of Energy Organization 

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

17 condemnation of any real property or any facility or for 

18 plant or facility acquisition, construction, or expansion, 

19 and the purchase of not more than one passenger motor 

20 vehicle for replacement only, $1,471,175,000, to remain 

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

22 appropriated in this paragraph, $250,000 shall be used 

23 for the projects specified under the heading ‘‘Congression24 ally Directed Defense Nuclear Nonproliferation Projects’’ 


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1 in the report of the Committee on Appropriations of the 

2 House of Representatives to accompany this Act. 

3 NAVAL REACTORS

4 For Department of Energy expenses necessary for 

5 naval reactors activities to carry out the Department of 

6 Energy Organization Act (42 U.S.C. 7101 et seq.), includ7 ing the acquisition (by purchase, condemnation, construc8 tion, or otherwise) of real property, plant, and capital 

9 equipment, facilities, and facility expansion, 

10 $1,003,133,000, to remain available until expended. 

11 OFFICE OF THE ADMINISTRATOR

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses of the Office of the Adminis14 trator in the National Nuclear Security Administration, 

15 including official reception and representation expenses 

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

17 until expended: Provided, That $10,000,000 previously ap18 propriated for cleanup efforts at Argonne National Lab 

19 shall be transferred to ‘‘Non-Defense Environmental 

20 Cleanup’’: Provided further, That, of the amount appro21 priated in this paragraph, $13,000,000 shall be used for 

22 the projects specified in the table that appears under the 

23 heading ‘‘Congressionally Directed Office of the Adminis24 trator (NNSA) Projects’’ in the report of the Committee 


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1 on Appropriations of the House of Representatives to ac2 company this Act. 

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 

10 energy defense environmental cleanup activities in car11 rying out the purposes of the Department of Energy Orga12 nization Act (42 U.S.C. 7101 et seq.), including the acqui13 sition or condemnation of any real property or any facility 

14 or for plant or facility acquisition, construction, or expan15 sion, and the purchase of not more than four ambulances 

16 and three passenger motor vehicles for replacement only, 

17 $5,381,842,000, to remain available until expended, of 

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

19 Enrichment Decontamination and Decommissioning 

20 Fund’’. 

21 OTHER DEFENSE ACTIVITIES

22 For Department of Energy expenses, including the 

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

25 energy defense, other defense activities, and classified acVerDate Nov 24 2008 21:32 Jul 13, 2009 Jkt 079200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H3183.RH H3183

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1 tivities, in carrying out the purposes of the Department 

2 of Energy Organization Act (42 U.S.C. 7101 et seq.), in3 cluding the acquisition or condemnation of any real prop4 erty or any facility or for plant or facility acquisition, con5 struction, or expansion, and the purchase of not more than 

6 12 passenger motor vehicles for replacement only, 

7 $1,518,002,000, to remain available until expended: Pro8 vided, That, of the funds provided herein, $504,238,000 

9 is for project 99-D-143 Mixed Oxide Fuel Fabrication Fa10 cility, Savannah River Site, South Carolina; $70,000,000 

11 is for project 99-D-141-02 Waste Solidification Building, 

12 Savannah River Site, South Carolina; $84,296,000 for 

13 MOX operations; and $7,000,000 for WSB operation: 

14 Provided further, That the Department of Energy shall ad15 here strictly to Department of Energy Order 413.3A for 

16 Project 99-D-143: Provided further, That, of the amount 

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

18 for the projects specified in the table that appears under 

19 the heading ‘‘Congressionally Directed Other Defense Ac20 tivities Projects’’ in the report of the Committee on Appro21 priations of the House of Representatives to accompany 

22 this Act. 

23 DEFENSE NUCLEAR WASTE DISPOSAL

24 For nuclear waste disposal activities to carry out the 

25 purposes of the Nuclear Waste Policy Act of 1982 (Public 


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1 Law 97–425), including the acquisition of real property 

2 or facility construction or expansion, $98,400,000, to re3 main available until expended. 

4 POWER MARKETING ADMINISTRATIONS 

5 BONNEVILLE POWER ADMINISTRATION FUND

6 Expenditures from the Bonneville Power Administra7 tion Fund, established pursuant to the Federal Columbia 

8 River Transmission System Act (Public Law 93–454), are 

9 approved for the Leaburg Fish Sorter, the Okanogan 

10 Basin Locally Adapted Steelhead Supplementation Pro11 gram, and the Crystal Springs Hatchery Facilities, and, 

12 in addition, for official reception and representation ex13 penses in an amount not to exceed $1,500. During fiscal 

14 year 2010, no new direct loan obligations may be made 

15 from such Fund. 

16 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

17 ADMINISTRATION

18 For necessary expenses of operation and maintenance 

19 of power transmission facilities and of marketing electric 

20 power and energy, including transmission wheeling and 

21 ancillary services pursuant to section 5 of the Flood Con22 trol Act of 1944 (16 U.S.C. 825s), as applied to the south23 eastern power area, $7,638,000, to remain available until 

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

25 and section 5 of the Flood Control Act of 1944 (16 U.S.C. 


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1 825s), up to $7,638,000 collected by the Southeastern 

2 Power Administration from the sale of power and related 

3 services shall be credited to this account as discretionary 

4 offsetting collections, to remain available until expended 

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

6 Southeastern Power Administration: Provided further, 

7 That the sum herein appropriated for annual expenses 

8 shall be reduced as collections are received during the fis9 cal year so as to result in a final fiscal year 2010 appro10 priation estimated at not more than $0: Provided further, 

11 That, notwithstanding 31 U.S.C. 3302, up to $70,806,000 

12 collected by the Southeastern Power Administration pur13 suant to the Flood Control Act of 1944 to recover pur14 chase power and wheeling expenses shall be credited to 

15 this account as offsetting collections, to remain available 

16 until expended for the sole purpose of making purchase 

17 power and wheeling expenditures: Provided further, That 

18 notwithstanding the provisions of 31 U.S.C. 3302 and sec19 tion 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), 

20 all funds collected by the Southeastern Power Administra21 tion that are applicable to the repayment of the annual 

22 expenses of this account in this and subsequent fiscal 

23 years shall be credited to this account as discretionary off24 setting collections for the sole purpose of funding such ex25 penses, with such funds remaining available until exVerDate Nov 24 2008 21:32 Jul 13, 2009 Jkt 079200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H3183.RH H3183

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1 pended: Provided further, That for purposes of this appro2 priation, annual expenses means expenditures that are 

3 generally recovered in the same year that they are in4 curred (excluding purchase power and wheeling expenses). 

5 OPERATION AND MAINTENANCE, SOUTHWESTERN

6 POWER ADMINISTRATION

7 For necessary expenses of operation and maintenance 

8 of power transmission facilities and of marketing electric 

9 power and energy, for construction and acquisition of 

10 transmission lines, substations and appurtenant facilities, 

11 and for administrative expenses, including official recep12 tion and representation expenses in an amount not to ex13 ceed $1,500 in carrying out section 5 of the Flood Control 

14 Act of 1944 (16 U.S.C. 825s), as applied to the South15 western Power Administration, $44,944,000, to remain 

16 available until expended: Provided, That notwithstanding 

17 31 U.S.C. 3302 and section 5 of the Flood Control Act 

18 of 1944 (16 U.S.C. 825s), up to $31,868,000 collected 

19 by the Southwestern Power Administration from the sale 

20 of power and related services shall be credited to this ac21 count as discretionary offsetting collections, to remain 

22 available until expended, for the sole purpose of funding 

23 the annual expenses of the Southwestern Power Adminis24 tration: Provided further, That the sum herein appro25 priated for annual expenses shall be reduced as collections 


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

2 fiscal year 2010 appropriation estimated at not more than 

3 $13,076,000: Provided further, That, notwithstanding 31 

4 U.S.C. 3302, up to $38,000,000 collected by the South5 western Power Administration pursuant to the Flood Con6 trol Act of 1944 to recover purchase power and wheeling 

7 expenses shall be credited to this account as offsetting col8 lections, to remain available until expended for the sole 

9 purpose of making purchase power and wheeling expendi10 tures: Provided further, That notwithstanding 31 U.S.C. 

11 3302 and section 5 of the Flood Control Act of 1944 (16 

12 U.S.C. 825s), all funds collected by the Southwestern 

13 Power Administration that are applicable to the repay14 ment of the annual expenses of this account in this and 

15 subsequent fiscal years shall be credited to this account 

16 as discretionary offsetting collections for the sole purpose 

17 of funding such expenses, with such funds remaining 

18 available until expended: Provided further, That for pur19 poses of this appropriation, annual expenses means ex20 penditures that are generally recovered in the same year 

21 that they are incurred (excluding purchase power and 

22 wheeling expenses). 


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1 CONSTRUCTION, REHABILITATION, OPERATION AND

2 MAINTENANCE, WESTERN AREA POWER ADMINIS3 TRATION

4 For carrying out the functions authorized by title III, 

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

6 U.S.C. 7152), and other related activities including con7 servation and renewable resources programs as author8 ized, including official reception and representation ex9 penses in an amount not to exceed $1,500; $256,711,000, 

10 to remain available until expended, of which $245,216,000 

11 shall be derived from the Department of the Interior Rec12 lamation Fund: Provided, That notwithstanding 31 U.S.C. 

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

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

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

16 $147,530,000 collected by the Western Area Power Ad17 ministration from the sale of power and related services 

18 shall be credited to this account as discretionary offsetting 

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

20 purpose of funding the annual expenses of the Western 

21 Area Power Administration: Provided further, That the 

22 sum herein appropriated for annual expenses shall be re23 duced as collections are received during the fiscal year so 

24 as to result in a final fiscal year 2010 appropriation esti25 mated at not more than $109,181,000, of which 


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1 $97,686,000 is derived from the Reclamation Fund: Pro2 vided further, That of the amount herein appropriated, 

3 $7,584,000 is for deposit into the Utah Reclamation Miti4 gation and Conservation Account pursuant to title IV of 

5 the Reclamation Projects Authorization and Adjustment 

6 Act of 1992: Provided further, That notwithstanding 31 

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

8 Area Power Administration pursuant to the Flood Control 

9 Act of 1944 and the Reclamation Project Act of 1939 (43 

10 U.S.C. 485 et seq.) to recover purchase power and wheel11 ing expenses shall be credited to this account as offsetting 

12 collections, to remain available until expended for the sole 

13 purpose of making purchase power and wheeling expendi14 tures: Provided further, That of the amount herein appro15 priated, up to $18,612,000 is provided on a nonreimburs16 able basis for environmental remediation at the Basic Sub17 station site in Henderson, Nevada: Provided further, That 

18 notwithstanding 31 U.S.C. 3302, section 5 of the Flood 

19 Control Act of 1944 (16 U.S.C. 825s), and section 1 of 

20 the Interior Department Appropriation Act, 1939 (43 

21 U.S.C. 392a), funds collected by the Western Area Power 

22 Administration from the sale of power and related services 

23 that are applicable to the repayment of the annual ex24 penses of this account in this and subsequent fiscal years 

25 shall be credited to this account as discretionary offsetting 


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1 collections for the sole purpose of funding such expenses, 

2 with such funds remaining available until expended: Pro3 vided further, That for purposes of this appropriation, an4 nual expenses means expenditures that are generally re5 covered in the same year that they are incurred (excluding 

6 purchase power and wheeling expenses). 

7 FALCON AND AMISTAD OPERATING AND MAINTENANCE

8 FUND

9 For operation, maintenance, and emergency costs for 

10 the hydroelectric facilities at the Falcon and Amistad 

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

12 and to be derived from the Falcon and Amistad Operating 

13 and Maintenance Fund of the Western Area Power Ad14 ministration, as provided in section 2 of the Act of June 

15 18, 1954 (43 U.S.C. 485g): Provided, That notwith16 standing the provisions of such Act and of 31 U.S.C. 

17 3302, up to $2,348,000 collected by the Western Area 

18 Power Administration from the sale of power and related 

19 services from the Falcon and Amistad Dams shall be cred20 ited to this account as discretionary offsetting collections, 

21 to remain available until expended for the sole purpose 

22 of funding the annual expenses of the hydroelectric facili23 ties of these Dams and associated Western Area Power 

24 Administration activities: Provided further, That the sum 

25 herein appropriated for annual expenses shall be reduced 


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

2 result in a final fiscal year 2010 appropriation estimated 

3 at not more than $220,000: Provided further, That not4 withstanding the provisions of section 2 of the Act of June 

5 18, 1954 (43 U.S.C. 485g) and 31 U.S.C. 3302, all funds 

6 collected by the Western Area Power Administration from 

7 the sale of power and related services from the Falcon and 

8 Amistad Dams that are applicable to the repayment of the 

9 annual expenses of the hydroelectric facilities of these 

10 Dams and associated Western Area Power Administration 

11 activities in this and subsequent fiscal years shall be cred12 ited to this account as discretionary offsetting collections 

13 for the sole purpose of funding such expenses, with such 

14 funds remaining available until expended: Provided fur15 ther, That for purposes of this appropriation, annual ex16 penses means expenditures that are generally recovered in 

17 the same year that they are incurred. 

18 FEDERAL ENERGY REGULATORY COMMISSION

19 SALARIES AND EXPENSES

20 For necessary expenses of the Federal Energy Regu21 latory Commission to carry out the provisions of the De22 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

24 the hire of passenger motor vehicles, and official reception 

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


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1 $298,000,000, to remain available until expended: Pro2 vided, That notwithstanding any other provision of law, 

3 not to exceed $298,000,000 of revenues from fees and an4 nual charges and other services and collections in fiscal 

5 year 2010 shall be retained and used for necessary ex6 penses in this account and shall remain available until ex7 pended: Provided further, That the sum herein appro8 priated from the general fund shall be reduced as revenues 

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

10 final fiscal year 2010 appropriation from the general fund 

11 estimated at not more than $0. 

12 GENERAL PROVISIONS, DEPARTMENT OF 

13 ENERGY 

14 SEC. 301. UNFUNDED REQUESTS FOR PRO15 POSALS.—None of the funds appropriated by this Act may 

16 be used to prepare or initiate Requests For Proposals 

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

18 by Congress. 

19 SEC. 302. DEPARTMENT OF ENERGY DEFENSE NU20 CLEAR FACILITIES WORKFORCE RESTRUCTURING.—None 

21 of the funds appropriated by this Act may be used— 

22 (1) to augment the funds made available for ob23 ligation by this Act for severance payments and 

24 other benefits and community assistance grants 

25 under section 4604 of the Atomic Energy Defense 


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1 Act (50 U.S.C. 2704) unless the Department of En2 ergy submits a reprogramming request to the appro3 priate congressional committees; 

4 (2) to provide enhanced severance payments or 

5 other benefits for employees of the Department of 

6 Energy under such section; or 

7 (3) to develop or implement a workforce re8 structuring plan that covers employees of the De9 partment of Energy. 

10 SEC. 303. UNEXPENDED BALANCES.—The unex11 pended balances of prior appropriations provided for ac12 tivities in this Act may be available to the same appropria13 tion accounts for such activities established pursuant to 

14 this title. Available balances may be merged with funds 

15 in the applicable established accounts and thereafter may 

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

17 as originally enacted. 

18 SEC. 304. BONNEVILLE POWER AUTHORITY SERV19 ICE TERRITORY.—None of the funds in this or any other 

20 Act for the Administrator of the Bonneville Power Admin21 istration may be used to enter into any agreement to per22 form energy efficiency services outside the legally defined 

23 Bonneville service territory, with the exception of services 

24 provided internationally, including services provided on a 

25 reimbursable basis, unless the Administrator certifies in 


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1 advance that such services are not available from private 

2 sector businesses. 

3 SEC. 305. USER FACILITIES.—(a) When the Depart4 ment of Energy makes a user facility available to univer5 sities or other potential users, or seeks input from univer6 sities or other potential users regarding significant charac7 teristics or equipment in a user facility or a proposed user 

8 facility, the Department shall ensure broad public notice 

9 of such availability or such need for input to universities 

10 and other potential users. 

11 (b) When the Department of Energy considers the 

12 participation of a university or other potential user as a 

13 formal partner in the establishment or operation of a user 

14 facility, the Department shall employ full and open com15 petition in selecting such a partner. 

16 (c) For purposes of this section, the term ‘‘user facil17 ity’’ includes— 

18 (1) a user facility as described in section 

19 2203(a)(2) of the Energy Policy Act of 1992 (42 

20 U.S.C. 13503(a)(2)); 

21 (2) a National Nuclear Security Administration 

22 Defense Programs Technology Deployment Center/ 

23 User Facility; and 

24 (3) any other Departmental facility designated 

25 by the Department as a user facility. 


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1 SEC. 306. INTELLIGENCE ACTIVITIES.—Funds ap2 propriated by this or any other Act, or made available by 

3 the transfer of funds in this Act, for intelligence activities 

4 are deemed to be specifically authorized by the Congress 

5 for purposes of section 504 of the National Security Act 

6 of 1947 (50 U.S.C. 414) during fiscal year 2010 until the 

7 enactment of the Intelligence Authorization Act for fiscal 

8 year 2010. 

9 SEC. 307. LABORATORY DIRECTED RESEARCH AND

10 DEVELOPMENT.—Of the funds made available by the De11 partment of Energy for activities at government-owned, 

12 contractor-operated laboratories funded in this Act, the 

13 Secretary may authorize a specific amount, not to exceed 

14 6 percent of such funds, to be used by such laboratories 

15 for laboratory directed research and development: Pro16 vided, That the Secretary may also authorize a specific 

17 amount, not to exceed 4 percent of such funds, to be used 

18 by the plant manager of a covered nuclear weapons pro19 duction plant or the manager of the Nevada Site Office 

20 for plant or site directed research and development. 

21 SEC. 308. LIMITED TRANSFER AUTHORITY TO AD22 DRESS PENSION REQUIREMENTS.—(a) If the Secretary of 

23 Energy determines that additional funds are needed to re24 imburse the costs of defined benefit pension plans for con25 tractor employees, the Secretary may transfer not more 


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1 than one percent from each appropriation made available 

2 in this Act to any other appropriation available to the Sec3 retary in the same Act for such reimbursements. 

4 (b) In carrying out a transfer under this section, the 

5 Secretary shall use each appropriation made available to 

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

7 transfer and shall reduce each appropriation by an equal 

8 percentage, except that appropriations for which the Sec9 retary determines there exists a need for additional funds 

10 for pension plan costs in that fiscal year, as well as appro11 priations made available for Naval Petroleum and Oil 

12 Shale Reserves, Strategic Petroleum Reserve, Northeast 

13 Home Heating Oil Reserve, the Power Marketing Admin14 istrations, the Energy Information Administration, Ura15 nium Enrichment Decontamination and Decommissioning 

16 Fund, Nuclear Waste Disposal, Defense Nuclear Waste 

17 Disposal, and Office of the Inspector General, shall not 

18 be subject to this requirement. 

19 (c) This transfer authority is in addition to any other 

20 transfer authority provided in this or any other Act. 

21 (d) The Secretary shall notify the Committees on Ap22 propriations of the House of Representatives and the Sen23 ate in writing not less than 30 days in advance of each 

24 transfer authorized by this section. 


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1 SEC. 309. CONGRESSIONAL NOTIFICATION REQUIRE2 MENT.—None of the funds made available by this Act may 

3 be used to make a grant allocation, discretionary grant 

4 award, discretionary contract award, or other transaction 

5 agreement or to issue a letter of intent totaling in excess 

6 of $1,000,000, or to announce publicly the intention to 

7 make such an allocation, award, or agreement or to issue 

8 such a letter, including a contract covered by the Federal 

9 Acquisition Regulation, unless the Secretary of Energy no10 tifies the Committees on Appropriations of the House of 

11 Representatives and the Senate at least 3 full business 

12 days in advance of making such an allocation, award, or 

13 agreement or issuing such a letter: Provided, That if the 

14 Secretary of Energy determines that compliance with this 

15 section would pose a substantial risk to human life, health, 

16 or safety, an award may be made without such notifica17 tion, and the Committees on Appropriations of the House 

18 of Representatives and the Senate shall be notified not 

19 later than 5 full business days after such an allocation, 

20 award, or agreement is made or letter issued. 

21 SEC. 310. WAGE RATE REQUIREMENTS.—Section 

22 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) 

23 is amended by adding at the end the following new sub24 section: 


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1 ‘‘(k) WAGE RATE REQUIREMENTS.—All laborers and 

2 mechanics employed by contractors and subcontractors in 

3 the performance of construction work financed in whole 

4 or in part by a loan guaranteed under this title shall be 

5 paid wages at rates not less than those prevailing on 

6 projects of a character similar in the locality as deter7 mined by the Secretary of Labor in accordance with sub8 chapter IV of chapter 31 of title 40, United States Code. 

9 With respect to the labor standards in this subsection, the 

10 Secretary of Labor shall have the authority and functions 

11 set forth in Reorganization Plan Numbered 14 of 1950 

12 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 

13 40, United States Code.’’. 

14 SEC. 311. BONNEVILLE POWER ADMINISTRATION

15 FUND.—(a) Subject to subsection (b), no funds appro16 priated or otherwise made available by this Act or any 

17 other Act may be used to record transactions relating to 

18 the increase in borrowing authority or bonds outstanding 

19 at any time under the Federal Columbia River Trans20 mission System Act (16 U.S.C. 838 et seq.) referred to 

21 in section 401 of division A of the American Recovery and 

22 Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 

23 140) under a funding acount, subaccount, or fund symbol 

24 other than the Bonneville Power Administration Fund 

25 Treasury account fund symbol. 


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1 (b) Funds appropriated or otherwise made available 

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

3 purposes of meeting applicable reporting provisions of the 

4 American Recovery and Reinvestment Act of 2009 (Public 

5 Law 111-5; 123 Stat. 115), that the Bonneville Power Ad6 ministration uses a fund symbol other than the Bonneville 

7 Power Administration Fund Treasury account fund sym8 bol solely to report accrued expenditures of projects attrib9 uted by the Administrator of the Bonneville Power Admin10 istration to the increased borrowing authority. 

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

12 subsequent fiscal years. 

13 SEC. 312. ADVANCED TECHNOLOGY VEHICLES MAN14 UFACTURING LOANS PROGRAM.—(a) ULTRA EFFICIENT

15 VEHICLES.—Section 136 of the Energy Independence and 

16 Security Act of 2007 (42 U.S.C. 17013) is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (1), by inserting ‘‘an 

19 ultra efficient vehicle or’’ after ‘‘means’’; and 

20 (B) by adding at the end the following new 

21 paragraph: 

22 ‘‘(5) ULTRA EFFICIENT VEHICLE.—The term 

23 ‘ultra efficient vehicle’ means a fully closed compart24 ment vehicle designed to carry at least 2 adult pas25 sengers that achieves— 


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1 ‘‘(A) at least 75 miles per gallon while op2 erating on gasoline or diesel fuel; 

3 ‘‘(B) at least 75 miles per gallon equiva4 lent while operating as a hybrid electric-gasoline 

5 or electric-diesel vehicle; or 

6 ‘‘(C) at least 75 miles per gallon equivalent 

7 while operating as a fully electric vehicle.’’; 

8 (2) in subsection (b)— 

9 (A) by inserting ‘‘, ultra efficient vehicle 

10 manufacturers,’’ after ‘‘automobile manufactur11 ers’’; 

12 (B) in paragraph (1)— 

13 (i) by striking ‘‘or’’ at the end of sub14 paragraph (A); 

15 (ii) by striking ‘‘and’’ at the end of 

16 subparagraph (B) and inserting ‘‘or’’; and 

17 (iii) by adding at the end the fol18 lowing new subparagraph: 

19 ‘‘(C) ultra efficient vehicles; and’’; and 

20 (C) in paragraph (2), by inserting ‘‘, ultra 

21 efficient vehicles,’’ after ‘‘qualifying vehicles’’; 

22 (3) in subsection (g), by inserting ‘‘or are uti23 lized primarily for the manufacture of ultra efficient 

24 vehicles’’ after ‘‘20 years’’; and 


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1 (4) in subsection (h)(1)(B), by striking ‘‘auto2 mobiles’’ the first place it appears and inserting 

3 ‘‘ultra efficient vehicles, automobiles,’’. 

4 (b) RECONSIDERATION OF PRIOR APPLICATIONS.— 

5 The Secretary of Energy shall reconsider applications for 

6 assistance under section 136 of the Energy Independence 

7 and Security Act of 2007 (42 U.S.C. 17013) that were— 

8 (1) timely filed under that section before Janu9 ary 1, 2009; 

10 (2) rejected on the basis that the vehicles to 

11 which the proposal related were not advanced tech12 nology vehicles; and 

13 (3) related to ultra efficient vehicles. 

14 TITLE IV—INDEPENDENT AGENCIES 

15 APPALACHIAN REGIONAL COMMISSION

16 For expenses necessary to carry out the programs au17 thorized by the Appalachian Regional Development Act of 

18 1965, for necessary expenses for the Federal Co-Chairman 

19 and the Alternate on the Appalachian Regional Commis20 sion, for payment of the Federal share of the administra21 tive expenses of the Commission, including services as au22 thorized by 5 U.S.C. 3109, and hire of passenger motor 

23 vehicles, $76,000,000, to remain available until expended: 

24 Provided, That any congressionally directed spending shall 


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

2 year in which it is provided. 

3 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

4 SALARIES AND EXPENSES

5 For necessary expenses of the Defense Nuclear Fa6 cilities Safety Board in carrying out activities authorized 

7 by the Atomic Energy Act of 1954, as amended by section 

8 1441 of Public Law 100–456, $26,086,000, to remain 

9 available until expended. 

10 DELTA REGIONAL AUTHORITY

11 SALARIES AND EXPENSES

12 For necessary expenses of the Delta Regional Author13 ity and to carry out its activities, as authorized by the 

14 Delta Regional Authority Act of 2000, notwithstanding 

15 sections 382C(b)(2), 382F(d), 382M, and 382N of such 

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

17 DENALI COMMISSION

18 For expenses of the Denali Commission, including the 

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

21 $11,965,000, to remain available until expended, notwith22 standing the limitations contained in section 306(g) of the 

23 Denali Commission Act of 1998. 


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1 NORTHERN BORDER REGIONAL COMMISSION

2 For necessary expenses of the Northern Border Re3 gional Commission in carrying out activities authorized by 

4 40 U.S.C. 15303(1), $500,000, to remain available until 

5 expended. 

6 SOUTHEAST CRESCENT REGIONAL COMMISSION

7 For necessary expenses of the Southeast Crescent Re8 gional Commission in carrying out activities authorized by 

9 40 U.S.C. 15303(1), $500,000, to remain available until 

10 expended. 

11 NUCLEAR REGULATORY COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Commission in car14 rying out the purposes of the Energy Reorganization Act 

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

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

17 $1,061,000,000, to remain available until expended: Pro18 vided, That of the amount appropriated herein, 

19 $56,000,000 shall be derived from the Nuclear Waste 

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

21 inspection services, and other services and collections esti22 mated at $878,102,000 in fiscal year 2010 shall be re23 tained and used for necessary salaries and expenses in this 

24 account, notwithstanding 31 U.S.C. 3302, and shall re25 main available until expended: Provided further, That the 


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1 sum herein appropriated shall be reduced by the amount 

2 of revenues received during fiscal year 2010 so as to result 

3 in a final fiscal year 2010 appropriation estimated at not 

4 more than $182,898,000. 

5 OFFICE OF INSPECTOR GENERAL

6 For necessary expenses of the Office of Inspector 

7 General in carrying out the provisions of the Inspector 

8 General Act of 1978, $10,102,000, to remain available 

9 until September 30, 2011: Provided, That revenues from 

10 licensing fees, inspection services, and other services and 

11 collections estimated at $9,092,000 in fiscal year 2010 

12 shall be retained and be available until expended, for nec13 essary salaries and expenses in this account, notwith14 standing 31 U.S.C. 3302: Provided further, That the sum 

15 herein appropriated shall be reduced by the amount of rev16 enues received during fiscal year 2010 so as to result in 

17 a final fiscal year 2010 appropriation estimated at not 

18 more than $1,010,000. 

19 NUCLEAR WASTE TECHNICAL REVIEW BOARD

20 SALARIES AND EXPENSES

21 For necessary expenses of the Nuclear Waste Tech22 nical Review Board, as authorized by section 5051 of Pub23 lic Law 100–203, $3,891,000, to be derived from the Nu24 clear Waste 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 

4 Coordinator for Alaska Natural Gas Transportation 

5 Projects pursuant to the Alaska Natural Gas Pipeline Act 

6 of 2004, $4,466,000: Provided, That any fees, charges, or 

7 commissions received pursuant to section 802 of Public 

8 Law 110–140 in fiscal year 2010 in excess of $4,683,000 

9 shall not be available for obligation until appropriated in 

10 a subsequent Act of Congress. 

11 GENERAL PROVISIONS, INDEPENDENT 

12 AGENCIES 

13 SEC. 401. NUCLEAR REGULATORY COMMISSION RE14 PORTING REQUIREMENT.—The Nuclear Regulatory Com15 mission shall, not later than 90 days after the date of en16 actment of this Act, provide a report to the Committees 

17 on Appropriations of the House of Representatives and the 

18 Senate identifying barriers to and its recommendations for 

19 streamlining the issuance of a Combined Construction and 

20 Operating License for qualified new nuclear reactors. 

21 TITLE V—GENERAL PROVISIONS 

22 SEC. 501. LOBBYING RESTRICTION.—None of the 

23 funds appropriated by this Act may be used in any way, 

24 directly or indirectly, to influence congressional action on 

25 any legislation or appropriation matters pending before 


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1 Congress, other than to communicate to Members of Con2 gress as described in 18 U.S.C. 1913. 

3 SEC. 502. DELTA REGIONAL AUTHORITY.—Section 

4 382B(c)(1) of the Consolidated Farm and Rural Develop5 ment Act (7 U.S.C. 2009aa-1) is amended to read as fol6 lows: 

7 ‘‘(1) IN GENERAL.—A decision by the Authority 

8 shall require the affirmative vote of the Federal co9 chairperson and a majority of the State members 

10 (not including any member representing a State that 

11 is delinquent under subsection (g)(2)(C)) to be effec12 tive.’’. 

13 This Act may be cited as the ‘‘Energy and Water De14 velopment and Related Agencies Appropriations Act, 

15 2010’’. 


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Union Calendar No. 110 

111TH CONGRESS 

1ST SESSION H. R. 3183 

[Report No. 111–203] 

A BILL 

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

JULY 13, 2009 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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