I 

111TH CONGRESS 

1ST SESSION H. R. 3183 

IN THE HOUSE OF REPRESENTATIVES 

JULY 29, 2009 

Ordered to be printed with the amendment of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT 

Making appropriations for energy and water development 

and related agencies for the fiscal year ending September 

30, 2010, and for other purposes. 

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

3 That the following sums are appropriated, out of any 

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

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


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1 TITLE I—CORPS OF ENGINEERS—CIVIL 

2 DEPARTMENT OF THE ARMY 

3 CORPS OF ENGINEERS—CIVIL

4 The following appropriations shall be expended under 

5 the direction of the Secretary of the Army and the super6 vision of the Chief of Engineers for authorized civil func7 tions of the Department of the Army pertaining to rivers 

8 and harbors, flood and storm damage reduction, shore 

9 protection, aquatic ecosystem restoration, and related ef10 forts. 

11 INVESTIGATIONS

12 For expenses necessary when authorized by law for 

13 the collection and study of basic information pertaining 

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

15 shore protection, aquatic ecosystem restoration, and re16 lated needs; for surveys and detailed studies and plans and 

17 specifications of proposed river and harbor, flood and 

18 storm damage reduction, shore protection, and aquatic 

19 ecosystem restoration projects and related efforts prior to 

20 construction; for restudy of authorized projects; and for 

21 miscellaneous investigations and, when authorized by law, 

22 surveys and detailed studies and plans and specifications 

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

24 available until expended: Provided, That, except as pro25 vided in section 101, the amounts made available under 


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1 this paragraph shall be expended as authorized by law for 

2 the projects and activities specified in the text and table 

3 under this heading in the report of the Committee on Ap4 propriations of the House of Representatives to accom5 pany this Act. 

6 CONSTRUCTION

7 (INCLUDING TRANSFERS OF FUNDS)

8 For expenses necessary for the construction of river 

9 and harbor, flood and storm damage reduction, shore pro10 tection, aquatic ecosystem restoration, and related 

11 projects authorized by law; for conducting detailed studies 

12 and plans and specifications of such projects (including 

13 those involving participation by States, local governments, 

14 or private groups) authorized or made eligible for selection 

15 by law (but such detailed studies and plans and specifica16 tions shall not constitute a commitment of the Govern17 ment to construction), $2,122,679,000 (increased by 

18 $14,000,000) (increased by $7,000,000), to remain avail19 able until expended; of which such sums as are necessary 

20 to cover the Federal share of construction costs for facili21 ties under the Dredged Material Disposal Facilities pro22 gram shall be derived from the Harbor Maintenance Trust 

23 Fund as authorized by the Water Resources Development 

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

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


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1 construction, replacement, rehabilitation, and expansion of 

2 inland waterways projects shall be derived from the Inland 

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

4 funds appropriated under this heading in title I of division 

5 C of the Omnibus Appropriations Act, 2009 (Pub. L. 111– 

6 8; 123 Stat. 601–609) is transferred to the Investigations 

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

8 applied toward the cost of carrying out the Seven Oaks 

9 Water Conservation Study, California: Provided further, 

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

11 made available under this paragraph shall be expended as 

12 authorized by law for the projects and activities specified 

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

14 the Committee on Appropriations of the House of Rep15 resentatives to accompany this Act. 

16 MISSISSIPPI RIVER AND TRIBUTARIES

17 For expenses necessary for flood damage reduction 

18 projects and related efforts in the Mississippi River allu19 vial valley below Cape Girardeau, Missouri, as authorized 

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

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

22 share of eligible operation and maintenance costs for in23 land harbors shall be derived from the Harbor Mainte24 nance Trust Fund: Provided, That, except as provided in 

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1 graph shall be expended as authorized by law for the 

2 projects and activities specified in the text and table under 

3 this heading in the report of the Committee on Appropria4 tions of the House of Representatives to accompany this 

5 Act. 

6 OPERATION AND MAINTENANCE

7 For expenses necessary for the operation, mainte8 nance, and care of existing river and harbor, flood and 

9 storm damage reduction, aquatic ecosystem restoration, 

10 and related projects authorized by law; providing security 

11 for infrastructure owned or operated by the Corps, includ12 ing administrative buildings and laboratories; maintaining 

13 harbor channels provided by a State, municipality, or 

14 other public agency that serve essential navigation needs 

15 of general commerce, when authorized by law; surveying 

16 and charting northern and northwestern lakes and con17 necting waters; clearing and straightening channels; and 

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

19 remain available until expended, of which such sums as 

20 are necessary to cover the Federal share of eligible oper21 ation and maintenance costs for coastal harbors and chan22 nels and for inland harbors shall be derived from the Har23 bor Maintenance Trust Fund; of which such sums as be24 come available from the special account for the Corps es25 tablished by the Land and Water Conservation Act of 


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1 1965 (16 U.S.C. 460l–6a(i)) shall be derived from that 

2 account for resource protection, research, interpretation, 

3 and maintenance activities related to resource protection 

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

5 of which such sums as become available from fees collected 

6 under section 217 of the Water Resources Development 

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

8 the cost of operation and maintenance of the dredged ma9 terial disposal facilities for which such fees have been col10 lected: Provided, That, except as provided in section 101, 

11 the amounts made available under this paragraph shall be 

12 expended as authorized by law for the projects and activi13 ties specified in the text and table under this heading in 

14 the report of the Committee on Appropriations of the 

15 House of Representatives to accompany this Act. 

16 REGULATORY PROGRAM

17 For expenses necessary for administration of laws 

18 pertaining to regulation of navigable waters and wetlands, 

19 $190,000,000 (increased by $1,800,000), to remain avail20 able until expended. 

21 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

22 For expenses necessary to clean up contamination 

23 from sites in the United States resulting from work per24 formed as part of the Nation’s early atomic energy pro25 gram, $134,000,000, to remain available until expended. 


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1 EXPENSES

2 For expenses necessary for the supervision and gen3 eral administration of the civil works program in the head4 quarters of the Corps and the offices of the Division Engi5 neers; and for the management and operation of the Hum6 phreys Engineer Center Support Activity, the Institute for 

7 Water Resources, the Engineer Research and Develop8 ment Center, and the Corps Finance Center, 

9 $184,000,000 (reduced by $14,000,000) (reduced by 

10 $10,800,000) (reduced by $7,000,000), to remain avail11 able until expended, of which not more than $5,000 may 

12 be used for official reception and representation purposes 

13 and only during the current fiscal year: Provided, That 

14 no part of any other appropriation in this title shall be 

15 available to fund the above activities: Provided further, 

16 That any unobligated balances from prior appropriation 

17 Acts for ‘‘Flood Control and Coastal Emergencies’’ may 

18 be used to fund the supervision and general administration 

19 of emergency operations, repairs, and other activities in 

20 response to any flood, hurricane, or other natural disaster: 

21 Provided further, That upon submission to the Congress 

22 of the fiscal year 2011 President’s budget, the Chief of 

23 Engineers shall transmit to Congress the annual congres24 sional budget justifications for fiscal year 2011: Provided 

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1 duced by $100,000 per day for each day after initial sub2 mission of the President’s budget that the report has not 

3 been submitted to the Congress. 

4 OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL

5 WORKS)

6 For the Office of Assistant Secretary of the Army 

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

8 $6,000,000, to remain available until expended. 

9 ADMINISTRATIVE PROVISION

10 The Revolving Fund, Corps of Engineers, shall be 

11 available during the current fiscal year for purchase (not 

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

13 motor vehicles for the civil works program. 

14 GENERAL PROVISIONS, CORPS OF 

15 ENGINEERS—CIVIL 

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

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

18 for obligation or expenditure through a reprogramming of 

19 funds that— 

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

21 or activity; 

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

23 (3) increases funds or personnel for any pro24 gram, project, or activity for which funds are denied 

25 or restricted by this Act; 


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

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

3 Act; 

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

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

6 whichever is less; or 

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

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

9 whichever is less. 

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

11 or activity authorized under section 205 of the Flood Con12 trol Act of 1948, section 14 of the Flood Control Act of 

13 1946, section 208 of the Flood Control Act of 1954, sec14 tion 107 of the River and Harbor Act of 1960, section 

15 103 of the River and Harbor Act of 1962, section 111 

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

17 Water Resources Development Act of 1986, section 206 

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

19 the Water Resources Act of 1992. 

20 (c) The Army Corps of Engineers shall submit re21 ports on a quarterly basis to the Committees on Appro22 priations of the House of Representatives and the Senate 

23 detailing all the funds reprogrammed between programs, 

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


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1 quarterly report shall be submitted not later than 60 days 

2 after the date of enactment of this Act. 

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

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

5 for Energy and Water Development, shall be used to im6 plement any pending or future competitive sourcing ac7 tions under OMB Circular A–76 or High Performing Or8 ganizations for the Army Corps of Engineers. 

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

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

11 or modify any contract that commits funds beyond the 

12 amounts appropriated for that program, project, or activ13 ity that remain unobligated, except that such amounts 

14 may include any funds that have been made available 

15 through reprogramming pursuant to section 101. 

16 SEC. 104. INLAND WATERWAYS TRUST FUND.— 

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

18 funds available for Energy and Water Development, shall 

19 be used to award any continuing contract that commits 

20 additional funding from the Inland Waterways Trust 

21 Fund unless or until such time that a long-term mecha22 nism to enhance revenues in the Fund sufficient to meet 

23 the cost-sharing authorized in the Water Resources Devel24 opment Act of 1986 (Public Law 99–662) is enacted. 


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

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

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

4 (33 U.S.C. 577), and modified by section 3101 of the 

5 Water Resources Development Act of 2007 (121 Stat. 

6 1133), is further modified to direct the Secretary to credit, 

7 in accordance with section 221 of the Flood Control Act 

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

9 share of the project the cost of planning, design, and con10 struction work carried out by the non-Federal interest for 

11 the project before the date of execution of a partnership 

12 agreement for the project. 

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

14 of title I of division B of the Miscellaneous Appropriations 

15 Act, 2001 (114 Stat. 2763A–254) (as enacted into law 

16 by Public Law 106–554) is amended by striking 

17 ‘‘$40,000,000’’ and inserting ‘‘$60,000,000’’. 

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

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

20 made available in this Act under the heading ‘‘Construc21 tion’’, to expedite acquisition of those properties located 

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

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

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

25 acquisition elements identified in Plan A of the Chief of 


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1 Engineers, Town of Martin Nonstructural Project De2 tailed Project Report, Appendix T, Section 202 General 

3 Plan, dated March 2000. 

4 SEC. 108. WHITE RIVER MINIMUM FLOW, ARKAN5 SAS.—Section 132 of the Energy and Water Development 

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

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

8 Engineers’’ and inserting ‘‘Southwestern Power Ad9 ministration’’; 

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

11 following new paragraph: 

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

13 Southwestern Power Administration shall com14 pensate the licensee of Federal Energy Regulatory 

15 Commission Project No. 2221 pursuant to para16 graph (3) using receipts collected from the sale of 

17 Federal power and energy related services. Pursuant 

18 to paragraph (6), Southwestern Power Administra19 tion will begin collecting receipts in the Special Re20 ceipts and Disbursement account upon the date of 

21 enactment of this paragraph. Payment to the li22 censee of Federal Energy Regulatory Commission 

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

24 receipts are collected in the Special Receipts and 

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1 censee, and in accordance with paragraph (2), such 

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

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

4 following new paragraph: 

5 ‘‘(6) The Southwestern Power Administration 

6 shall compensate the licensee of Federal Energy 

7 Regulatory Commission Project No. 2221 in annual 

8 payments of not less than $5,000,000, until the li9 censee of Federal Energy Regulatory Commission 

10 Project No. 2221 is fully compensated pursuant to 

11 paragraph (3). At the end of each fiscal year subse12 quent to implementation, any remaining balance to 

13 be paid to the licensee of Project No. 2221 shall ac14 crue interest at the 30-year U.S. Treasury bond rate 

15 in effect at the time of implementation of the White 

16 River Minimum Flows project.’’; 

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

18 following new paragraph: 

19 ‘‘(7) ESTABLISHMENT OF SPECIAL RECEIPT

20 AND DISBURSEMENT ACCOUNTS.—There is estab21 lished in the Treasury of the United States a special 

22 receipt account and corresponding disbursement ac23 count to be made available to the Administrator of 

24 the Southwestern Power Administration to disburse 

25 pre-collected receipts from the sale of federal power 


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1 and energy and related services. The accounts are 

2 authorized for the following uses: 

3 ‘‘(A) Collect and disburse receipts for pur4 chase power and wheeling expenses incurred by 

5 Southwestern Power Administration to pur6 chase replacement power and energy as a result 

7 of implementation of the White River Minimum 

8 Flows project. 

9 ‘‘(B) Collect and disburse receipts related 

10 to compensation of the licensee of Federal En11 ergy Regulatory Commission Project No. 2221. 

12 ‘‘(C) Said special receipt and disbursement 

13 account shall remain available for not more 

14 than 12 months after the date of full compensa15 tion of the licensee of Federal Energy Regu16 latory Commission Project No. 2221.’’; and 

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

18 following new paragraph: 

19 ‘‘(8) TIME OF IMPLEMENTATION.—For pur20 poses of paragraphs (3) and (4), ‘time of implemen21 tation’ shall mean the authorization of the special 

22 receipt account and corresponding disbursement ac23 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 

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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: Provided further, That 

18 $5,000,000 of the funds appropriated under this heading 

19 shall be available for the ‘‘Power Program Services’’ to 

20 implement the Bureau of Reclamation’s hydropower facili21 ties installations identified under section 1834 of the En22 ergy Policy Act of 2005. 

23 CENTRAL VALLEY PROJECT RESTORATION FUND

24 For carrying out the programs, projects, plans, habi25 tat restoration, improvement, and acquisition provisions of 


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

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

3 Central Valley Project Restoration Fund pursuant to sec4 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 

5 102–575, to remain available until expended: Provided, 

6 That the Bureau of Reclamation is directed to assess and 

7 collect the full amount of the additional mitigation and 

8 restoration payments authorized by section 3407(d) of 

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

10 funds made available under this heading may be used for 

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

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

13 by a court adopted decree or order. 

14 CALIFORNIA BAY-DELTA RESTORATION

15 (INCLUDING TRANSFERS OF FUNDS)

16 For carrying out activities authorized by the Water 

17 Supply, Reliability, and Environmental Improvement Act, 

18 consistent with plans to be approved by the Secretary of 

19 the Interior, $31,000,000 (increased by $10,000,000), to 

20 remain available until expended, of which such amounts 

21 as may be necessary to carry out such activities may be 

22 transferred to appropriate accounts of other participating 

23 Federal agencies to carry out authorized purposes: Pro24 vided, That funds appropriated herein may be used for 

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1 agement: Provided further, That the use of any funds pro2 vided to the California Bay-Delta Authority for program3 wide management and oversight activities shall be subject 

4 to the approval of the Secretary of the Interior: Provided 

5 further, That CALFED implementation shall be carried 

6 out in a balanced manner with clear performance meas7 ures demonstrating concurrent progress in achieving the 

8 goals and objectives of the Program. 

9 POLICY AND ADMINISTRATION

10 For necessary expenses of policy, administration, and 

11 related functions in the Office of the Commissioner, the 

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

13 of Reclamation, to remain available until expended, 

14 $61,200,000 (reduced by $10,000,000), to be derived from 

15 the Reclamation Fund and be nonreimbursable as pro16 vided in section 4(o) of the Act of December 5, 1924 (43 

17 U.S.C. 377): Provided, That no part of any other appro18 priation in this Act shall be available for activities or func19 tions budgeted as policy and administration expenses. 

20 ADMINISTRATIVE PROVISION

21 Appropriations for the Bureau of Reclamation shall 

22 be available for the purchase of not more than seven pas23 senger motor vehicles, which are for replacement only. 


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1 GENERAL PROVISIONS, DEPARTMENT OF THE 

2 INTERIOR 

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

4 None of the funds provided in title II for Water and Re5 lated Resources shall be available for obligation or expend6 iture through a reprogramming of funds that— 

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

8 or activity; 

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

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

11 activity for which funds have been denied or re12 stricted by this Act; 

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

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

15 Act; 

16 (5) transfers funds in excess of the following 

17 limits: 

18 (A) 15 percent for any program, project, 

19 or activity for which $2,000,000 or more is 

20 available at the beginning of the fiscal year; or 

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

22 activity for which less than $2,000,000 is avail23 able at the beginning of the fiscal year; 

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

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1 tation category or the Resources Management and 

2 Development category to any program, project, or 

3 activity in the other category; or 

4 (7) transfers, when necessary to discharge legal 

5 obligations of the Bureau of Reclamation, more than 

6 $5,000,000 to provide adequate funds for settled 

7 contractor claims, increased contractor earnings due 

8 to accelerated rates of operations, and real estate de9 ficiency judgments. 

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

11 of funds within the Facilities Operation, Maintenance, and 

12 Rehabilitation category. 

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

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

15 project, or activity. 

16 (d) The Bureau of Reclamation shall submit reports 

17 on a quarterly basis to the Committees on Appropriations 

18 of the House of Representatives and the Senate detailing 

19 all the funds reprogrammed between programs, projects, 

20 activities, or categories of funding. The first quarterly re21 port shall be submitted not later than 60 days after the 

22 date of enactment of this Act. 

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

24 appropriated or otherwise made available by this Act may 

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


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1 interceptor drain for the San Luis Unit until development 

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

3 of a plan, which shall conform to the water quality stand4 ards of the State of California as approved by the Admin5 istrator of the Environmental Protection Agency, to mini6 mize any detrimental effect of the San Luis drainage 

7 waters. 

8 (b) The costs of the Kesterson Reservoir Cleanup 

9 Program and the costs of the San Joaquin Valley Drain10 age Program shall be classified by the Secretary of the 

11 Interior as reimbursable or nonreimbursable and collected 

12 until fully repaid pursuant to the ‘‘Cleanup Program-Al13 ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 

14 Repayment Plan’’ described in the report entitled ‘‘Repay15 ment Report, Kesterson Reservoir Cleanup Program and 

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

17 prepared by the Department of the Interior, Bureau of 

18 Reclamation. Any future obligations of funds by the 

19 United States relating to, or providing for, drainage serv20 ice or drainage studies for the San Luis Unit shall be fully 

21 reimbursable by San Luis Unit beneficiaries of such serv22 ice or studies pursuant to Federal reclamation law. 

23 SEC. 203. CENTRAL VALLEY PROJECT.—Section 

24 3405(a)(1)(M) of Public Law 102–575 is amended— 


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1 (1) by striking ‘‘countries’’ and inserting ‘‘coun2 ties’’; and 

3 (2) by inserting ‘‘a transfer between a San Joa4 quin River Exchange Contractor and a Friant Divi5 sion contractor, a transfer between a San Joaquin 

6 River Exchange Contractor and a south-of-Delta 

7 CVP agricultural water service contractor, and a 

8 transfer between a Friant Division contractor and a 

9 south-of-Delta CVP agricultural water service con10 tractor,’’ after ‘‘under California law,’’. 

11 SEC. 204. DRAFT RECOVERY PLAN.—The Secretary 

12 of the Interior, acting through the Director of the Fish 

13 & Wildlife Service, is directed to expeditiously revise, final14 ize, and implement the Draft Recovery Plan for the Giant 

15 Garter Snake (Thamnophis gigas). 

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 (increased by $45,000,000) (increased by 

3 $5,000,000) (increased by $10,000,000), to remain avail4 able until expended: Provided, That, of the amount appro5 priated in this paragraph, $500,000 shall be for research 

6 and development of novel hydrogen energy carriers that 

7 are liquid at standard temperature and pressure and store 

8 hydrogen in bound chemical states rather than as free 

9 molecules, to be awarded under full and open competition: 

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

11 paragraph, $500,000 shall be for development of a dem12 onstration plant for the production of biodiesel fuels from 

13 crops that, to the greatest extent possible, are cultivated 

14 on existing cropland during off-season rotations and mini15 mize land use per unit of fuel energy produced, to be 

16 awarded under full and open competition: Provided fur17 ther, That, of the amount appropriated in this paragraph, 

18 $3,000,000 shall be for development of a parking canopy 

19 facility with solar photovoltaic roof panels for electricity 

20 generation to measure the viability of using photovoltaic 

21 technologies in locations where environmental and space 

22 limitations render conventional power generation costly, to 

23 be awarded under full and open competition: Provided fur24 ther, That, of the amount appropriated in this paragraph, 

25 $153,560,000 shall be used for the projects specified in 


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1 the table that appears under the heading ‘‘Congressionally 

2 Directed Energy Efficiency and Renewable Energy 

3 Projects’’ in the report of the Committee on Appropria4 tions of the House of Representatives to accompany this 

5 Act. 

6 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

7 For Department of Energy expenses including the 

8 purchase, construction, and acquisition of plant and cap9 ital equipment, and other expenses necessary for elec10 tricity delivery and energy reliability activities in carrying 

11 out the purposes of the Department of Energy Organiza12 tion Act (42 U.S.C. 7101 et seq.), including the acquisi13 tion or condemnation of any real property or any facility 

14 or for plant or facility acquisition, construction, or expan15 sion, $208,008,000 (reduced by $15,000,000), to remain 

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

17 appropriated in this paragraph, $7,600,000 shall be used 

18 for the projects specified in the table that appears under 

19 the heading ‘‘Congressionally Directed Electricity Delivery 

20 and Energy Reliability Projects’’ in the report of the Com21 mittee on Appropriations of the House of Representatives 

22 to accompany this Act. 

23 NUCLEAR ENERGY

24 For Department of Energy expenses including the 

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1 ital equipment, and other expenses necessary for nuclear 

2 energy activities in carrying out the purposes of the De3 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

5 real property or any facility or for plant or facility acquisi6 tion, construction, or expansion, and the purchase of not 

7 more than 36 passenger motor vehicles, including one am8 bulance, all for replacement only, $812,000,000, to remain 

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

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

11 for the projects specified in the table that appears under 

12 the heading ‘‘Congressionally Directed Nuclear Energy 

13 Projects’’ in the report of the Committee on Appropria14 tions of the House of Representatives to accompany this 

15 Act. 

16 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

17 For necessary expenses in carrying out fossil energy 

18 research and development activities, under the authority 

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

20 7101 et seq.), including the acquisition of interest, includ21 ing defeasible and equitable interests in any real property 

22 or any facility or for plant or facility acquisition or expan23 sion, and for conducting inquiries, technological investiga24 tions, and research concerning the extraction, processing, 

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1 able social and environmental costs (30 U.S.C. 3, 1602, 

2 and 1603), $617,565,000, to remain available until ex3 pended: Provided, That funds appropriated for prior solici4 tations under the Clean Coal Technology Program, Power 

5 Plant Improvement Initiative, Clean Coal Power Initiative, 

6 and FutureGen, but not required by the Department to 

7 meet its obligations on projects selected under such solici8 tations, may be utilized for the Clean Coal Power Initia9 tive, pursuant to title IV of Public Law 109–58, in accord10 ance with the requirements of this Act rather than the 

11 Acts under which the funds were appropriated: Provided 

12 further, That no Clean Coal Power Initiative project may 

13 be selected for which full funding is not available to pro14 vide for the total project: Provided further, That if a Clean 

15 Coal Power Initiative project, selected after enactment of 

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

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

18 date the application was selected, negotiations shall cease 

19 and the Federal funds committed to the application shall 

20 be retained by the Department for future coal-related re21 search, development, and demonstration projects, except 

22 that the time limit may be extended at the Secretary’s dis23 cretion for matters outside the control of the applicant, 

24 or if the Secretary determines that extension of the time 

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


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1 Secretary may not delegate this responsibility for applica2 tions greater than $10,000,000: Provided further, That fi3 nancial assistance for costs in excess of those estimated 

4 as of the date of award of original Clean Coal Power Ini5 tiative financial assistance may not be provided in excess 

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

7 original agreement and shall be limited to 25 percent of 

8 the original financial assistance: Provided further, That 

9 funds shall be expended in accordance with the provisions 

10 governing the use of funds contained under the heading 

11 ‘‘Clean Coal Technology’’ in Public Law 99–190 (42 

12 U.S.C. 5903d): Provided further, That any technology se13 lected under these programs shall be considered a Clean 

14 Coal Technology, and any project selected under these 

15 programs shall be considered a Clean Coal Technology 

16 Project, for the purposes of 42 U.S.C. 7651n, and chap17 ters 51, 52, and 60 of title 40 of the Code of Federal 

18 Regulations: Provided further, That funds available for the 

19 Clean Coal Power Initiative may be used to support any 

20 technology relating to carbon capture and storage or bene21 ficial uses of carbon dioxide, without regard to the 70 and 

22 30 percent funding allocations specified in section 

23 402(b)(1)(A) and (2)(A) of the Energy Policy Act of 2005 

24 (42 U.S.C. 15962(b)(1)(A) and (2)(A)): Provided further, 

25 That, of the amount appropriated in this paragraph, 


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1 $750,000 shall be for development of technologies for inte2 gration into gasification systems for the low-cost produc3 tion of synthesis gas, to be awarded under full and open 

4 competition: Provided further, That, of the amount appro5 priated in this paragraph, $500,000 shall be for develop6 ment of fuel cell technologies for conversion of commer7 cially available fuels and biofuels into electricity, to be 

8 awarded under full and open competition: Provided fur9 ther, That, of the amount appropriated in this paragraph, 

10 $300,000 shall be for development of control technologies 

11 for increased performance in synthesis gas combustion ap12 plications, to be awarded under full and open competition: 

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

14 paragraph, $8,000,000 shall be used for the projects speci15 fied in the table that appears under the heading ‘‘Congres16 sionally Directed Fossil Energy Research and Develop17 ment Projects’’ in the report of the Committee on Appro18 priations of the House of Representatives to accompany 

19 this Act. 

20 NAVAL PETROLEUM AND OIL SHALE RESERVES

21 For expenses necessary to carry out naval petroleum 

22 and oil shale reserve activities, including the hire of pas23 senger motor vehicles, $23,627,000, to remain available 

24 until expended: Provided, That, notwithstanding any other 

25 provision of law, unobligated funds remaining from prior 


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1 years shall be available for all naval petroleum and oil 

2 shale reserve activities. 

3 STRATEGIC PETROLEUM RESERVE

4 For necessary expenses for Strategic Petroleum Re5 serve facility development and operations and program 

6 management activities pursuant to the Energy Policy and 

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

8 to remain available until expended. 

9 NORTHEAST HOME HEATING OIL RESERVE

10 For necessary expenses for Northeast Home Heating 

11 Oil Reserve storage, operation, and management activities 

12 pursuant to the Energy Policy and Conservation Act (42 

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

14 until expended. 

15 ENERGY INFORMATION ADMINISTRATION

16 For necessary expenses in carrying out the activities 

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

18 to remain available until expended. 

19 NON-DEFENSE ENVIRONMENTAL CLEANUP

20 For Department of Energy expenses, including the 

21 purchase, construction, and acquisition of plant and cap22 ital equipment and other expenses necessary for non-de23 fense environmental cleanup activities in carrying out the 

24 purposes of the Department of Energy Organization Act 

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1 demnation of any real property or any facility or for plant 

2 or facility acquisition, construction, or expansion, 

3 $237,517,000, to remain available until expended. 

4 URANIUM ENRICHMENT DECONTAMINATION AND

5 DECOMMISSIONING FUND

6 For necessary expenses in carrying out uranium en7 richment facility decontamination and decommissioning, 

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

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

10 the Energy Policy Act of 1992, $559,377,000, to be de11 rived from the Uranium Enrichment Decontamination and 

12 Decommissioning Fund, to remain available until ex13 pended. 

14 SCIENCE

15 (INCLUDING TRANSFER OF FUNDS)

16 For Department of Energy expenses including the 

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

19 activities in carrying out the purposes of the Department 

20 of Energy Organization Act (42 U.S.C. 7101 et seq.), in21 cluding the acquisition or condemnation of any real prop22 erty or facility or for plant or facility acquisition, construc23 tion, or expansion, and purchase of not more than 50 pas24 senger motor vehicles for replacement only, including one 

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


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1 $4,943,587,000, to remain available until expended: Pro2 vided, That $15,000,000 appropriated under this heading 

3 under prior appropriation Acts for the Advanced Research 

4 Projects Agency—Energy is hereby transferred to the 

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

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

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

8 specified in the table that appears under the heading 

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

10 of the Committee on Appropriations of the House of Rep11 resentatives to accompany this Act. 

12 NUCLEAR WASTE DISPOSAL

13 For nuclear waste disposal activities to carry out the 

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

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

16 property or facility construction or expansion, 

17 $98,400,000, to remain available until expended, and to 

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

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

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

21 Attorney General of the State of Nevada solely for expend22 itures, other than salaries and expenses of State employ23 ees, to conduct scientific oversight responsibilities and par24 ticipate in licensing activities pursuant to the NWPA: Pro25 vided further, That notwithstanding the lack of a written 


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

2 of the NWPA, $1,000,000 shall be provided to Nye Coun3 ty, Nevada, for on-site oversight activities under section 

4 117(d) of such Act: Provided further, That $9,000,000 

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

6 defined in the NWPA, to conduct appropriate activities 

7 and participate in licensing activities: Provided further, 

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

9 shall be made available to affected units of local govern10 ment in California with the balance made available to af11 fected units of local government in Nevada for distribution 

12 as determined by the Nevada units of local government: 

13 Provided further, That this funding shall be provided to 

14 affected units of local government, as defined in the 

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

16 to the Timbisha-Shoshone Tribe solely for expenditures, 

17 other than salaries and expenses of tribal employees, to 

18 conduct appropriate activities and participate in licensing 

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

20 further, That notwithstanding the provisions of chapters 

21 65 and 75 of title 31, United States Code, the Department 

22 shall have no monitoring, auditing, or other oversight 

23 rights or responsibilities over amounts provided to affected 

24 units of local government: Provided further, That the 

25 funds for the State of Nevada shall be made available soleVerDate Nov 24 2008 03:23 Jul 31, 2009 Jkt 079200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6401 E:\BILLS\H3183.PP H3183

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1 ly to the Office of the Attorney General by direct payment 

2 and to units of local government by direct payment: Pro3 vided further, That within 90 days of the completion of 

4 each Federal fiscal year, the Office of the Attorney Gen5 eral of the State of Nevada and each of the affected units 

6 of local government shall provide certification to the De7 partment of Energy that all funds expended from such 

8 payments have been expended for activities authorized by 

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

10 to provide such certification shall cause such entity to be 

11 prohibited from any further funding provided for similar 

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

13 appropriated may be: (1) used directly or indirectly to in14 fluence legislative action, except for normal and recognized 

15 executive-legislative communications, on any matter pend16 ing before Congress or a State legislature or for lobbying 

17 activity as provided in 18 U.S.C. 1913; (2) used for litiga18 tion expenses; or (3) used to support multi-State efforts 

19 or other coalition building activities inconsistent with the 

20 restrictions contained in this Act: Provided further, That 

21 all proceeds and recoveries realized by the Secretary in 

22 carrying out activities authorized by the NWPA, including 

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

24 without further appropriation and shall remain available 

25 until expended: Provided further, That no funds provided 


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

2 repayment or collection of funds provided in any fiscal 

3 year to affected units of local government for oversight 

4 activities that had been previously approved by the De5 partment of Energy or to withhold payment of any such 

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

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

8 be provided to create a Blue Ribbon Commission to con9 sider all alternatives for nuclear waste disposal. 

10 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

11 PROGRAM

12 Such sums as are derived from amounts received 

13 from borrowers pursuant to section 1702(b)(2) of the En14 ergy Policy Act of 2005 under this heading in prior Acts 

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

16 Congressional Budget Act of 1974: Provided, That for 

17 necessary administrative expenses to carry out this Loan 

18 Guarantee program, $43,000,000 is appropriated, to re19 main available until expended: Provided further, That 

20 $43,000,000 of the fees collected pursuant to section 

21 1702(h) of the Energy Policy Act of 2005 shall be credited 

22 as offsetting collections to this account to cover adminis23 trative expenses and shall remain available until expended, 

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

25 from the general fund estimated at not more than $0: ProVerDate Nov 24 2008 03:23 Jul 31, 2009 Jkt 079200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6401 E:\BILLS\H3183.PP H3183

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1 vided further, That fees collected under section 1702(h) 

2 in excess of the amount appropriated for administrative 

3 expenses shall not be available until appropriated. 

4 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

5 LOANS PROGRAM

6 For administrative expenses in carrying out the Ad7 vanced Technology Vehicles Manufacturing Loans Pro8 gram, $20,000,000, to remain available until expended. 

9 DEPARTMENTAL ADMINISTRATION

10 For salaries and expenses of the Department of En11 ergy necessary for departmental administration in car12 rying out the purposes of the Department of Energy Orga13 nization Act (42 U.S.C. 7101 et seq.), including the hire 

14 of passenger motor vehicles and official reception and rep15 resentation expenses not to exceed $30,000, $289,684,000 

16 (reduced by $30,000,000) (reduced by $5,000,000) (re17 duced by $10,000,000), to remain available until ex18 pended, plus such additional amounts as necessary to 

19 cover increases in the estimated amount of cost of work 

20 for others notwithstanding the provisions of the Anti-Defi21 ciency Act (31 U.S.C. 1511 et seq.): Provided, That such 

22 increases in cost of work are offset by revenue increases 

23 of the same or greater amount, to remain available until 

24 expended: Provided further, That moneys received by the 

25 Department for miscellaneous revenues estimated to total 


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1 $119,740,000 in fiscal year 2010 may be retained and 

2 used for operating expenses within this account, and may 

3 remain available until expended, as authorized by section 

4 201 of Public Law 95–238, notwithstanding the provisions 

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

6 appropriated shall be reduced by the amount of miscella7 neous revenues received during 2010, and any related ap8 propriated receipt account balances remaining from prior 

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

10 fiscal year 2010 appropriation from the general fund esti11 mated at not more than $169,944,000 (reduced by 

12 $30,000,000) (reduced by $5,000,000) (reduced by 

13 $10,000,000). 

14 OFFICE OF THE INSPECTOR GENERAL

15 For necessary expenses of the Office of the Inspector 

16 General in carrying out the provisions of the Inspector 

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

18 until expended. 

19 ATOMIC ENERGY DEFENSE ACTIVITIES 

20 NATIONAL NUCLEAR SECURITY 

21 ADMINISTRATION 

22 WEAPONS ACTIVITIES

23 For Department of Energy expenses, including the 

24 purchase, construction, and acquisition of plant and cap25 ital equipment and other incidental expenses necessary for 


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1 atomic energy defense weapons activities in carrying out 

2 the purposes of the Department of Energy Organization 

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

4 condemnation of any real property or any facility or for 

5 plant or facility acquisition, construction, or expansion, 

6 and the purchase of not more than one ambulance; 

7 $6,320,000,000, to remain available until expended: Pro8 vided, That, of the amount appropriated in this para9 graph, $3,000,000 shall be used for the projects specified 

10 under the heading ‘‘Congressionally Directed Weapons Ac11 tivities Projects’’ in the report of the Committee on Appro12 priations of the House of Representatives to accompany 

13 this Act. 

14 DEFENSE NUCLEAR NONPROLIFERATION

15 For Department of Energy expenses, including the 

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

18 defense nuclear nonproliferation activities, in carrying out 

19 the purposes of the Department of Energy Organization 

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

21 condemnation of any real property or any facility or for 

22 plant or facility acquisition, construction, or expansion, 

23 and the purchase of not more than one passenger motor 

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

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


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

2 for the projects specified under the heading ‘‘Congression3 ally Directed Defense Nuclear Nonproliferation Projects’’ 

4 in the report of the Committee on Appropriations of the 

5 House of Representatives to accompany this Act. 

6 NAVAL REACTORS

7 For Department of Energy expenses necessary for 

8 naval reactors activities to carry out the Department of 

9 Energy Organization Act (42 U.S.C. 7101 et seq.), includ10 ing the acquisition (by purchase, condemnation, construc11 tion, or otherwise) of real property, plant, and capital 

12 equipment, facilities, and facility expansion, 

13 $1,003,133,000, to remain available until expended. 

14 OFFICE OF THE ADMINISTRATOR

15 (INCLUDING TRANSFER OF FUNDS)

16 For necessary expenses of the Office of the Adminis17 trator in the National Nuclear Security Administration, 

18 including official reception and representation expenses 

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

20 until expended: Provided, That $10,000,000 previously ap21 propriated for cleanup efforts at Argonne National Lab 

22 shall be transferred to ‘‘Non-Defense Environmental 

23 Cleanup’’: Provided further, That, of the amount appro24 priated in this paragraph, $13,000,000 shall be used for 

25 the projects specified in the table that appears under the 


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1 heading ‘‘Congressionally Directed Office of the Adminis2 trator (NNSA) Projects’’ in the report of the Committee 

3 on Appropriations of the House of Representatives to ac4 company this Act. 

5 ENVIRONMENTAL AND OTHER DEFENSE 

6 ACTIVITIES 

7 DEFENSE ENVIRONMENTAL CLEANUP

8 (INCLUDING TRANSFER OF FUNDS)

9 For Department of Energy expenses, including the 

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

12 energy defense environmental cleanup activities in car13 rying out the purposes of the Department of Energy Orga14 nization Act (42 U.S.C. 7101 et seq.), including the acqui15 sition or condemnation of any real property or any facility 

16 or for plant or facility acquisition, construction, or expan17 sion, and the purchase of not more than four ambulances 

18 and three passenger motor vehicles for replacement only, 

19 $5,381,842,000, to remain available until expended, of 

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

21 Enrichment Decontamination and Decommissioning 

22 Fund’’. 

23 OTHER DEFENSE ACTIVITIES

24 For Department of Energy expenses, including the 

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1 ital equipment and other expenses, necessary for atomic 

2 energy defense, other defense activities, and classified ac3 tivities, in carrying out the purposes of the Department 

4 of Energy Organization Act (42 U.S.C. 7101 et seq.), in5 cluding the acquisition or condemnation of any real prop6 erty or any facility or for plant or facility acquisition, con7 struction, or expansion, and the purchase of not more than 

8 12 passenger motor vehicles for replacement only, 

9 $1,518,002,000 (reduced by $2,500,000), to remain avail10 able until expended: Provided, That, of the funds provided 

11 herein, $504,238,000 is for project 99–D–143 Mixed 

12 Oxide Fuel Fabrication Facility, Savannah River Site, 

13 South Carolina; $70,000,000 is for project 99–D–141–02 

14 Waste Solidification Building, Savannah River Site, South 

15 Carolina; $84,296,000 for MOX operations; and 

16 $7,000,000 for WSB operation: Provided further, That the 

17 Department of Energy shall adhere strictly to Department 

18 of Energy Order 413.3A for Project 99–D–143: Provided 

19 further, That, of the amount appropriated in this para20 graph, $2,000,000 shall be used for the projects specified 

21 in the table that appears under the heading ‘‘Congression22 ally Directed Other Defense Activities Projects’’ in the re23 port of the Committee on Appropriations of the House of 

24 Representatives to accompany this Act. 


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1 DEFENSE NUCLEAR WASTE DISPOSAL

2 For nuclear waste disposal activities to carry out the 

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

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

5 or facility construction or expansion, $98,400,000, to re6 main available until expended. 

7 POWER MARKETING ADMINISTRATIONS 

8 BONNEVILLE POWER ADMINISTRATION FUND

9 Expenditures from the Bonneville Power Administra10 tion Fund, established pursuant to the Federal Columbia 

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

12 approved for the Leaburg Fish Sorter, the Okanogan 

13 Basin Locally Adapted Steelhead Supplementation Pro14 gram, and the Crystal Springs Hatchery Facilities, and, 

15 in addition, for official reception and representation ex16 penses in an amount not to exceed $1,500. During fiscal 

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

18 from such Fund. 

19 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

20 ADMINISTRATION

21 For necessary expenses of operation and maintenance 

22 of power transmission facilities and of marketing electric 

23 power and energy, including transmission wheeling and 

24 ancillary services pursuant to section 5 of the Flood Con25 trol Act of 1944 (16 U.S.C. 825s), as applied to the southVerDate Nov 24 2008 03:23 Jul 31, 2009 Jkt 079200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6401 E:\BILLS\H3183.PP H3183

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1 eastern power area, $7,638,000, to remain available until 

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

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

4 825s), up to $7,638,000 collected by the Southeastern 

5 Power Administration from the sale of power and related 

6 services shall be credited to this account as discretionary 

7 offsetting collections, to remain available until expended 

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

9 Southeastern Power Administration: Provided further, 

10 That the sum herein appropriated for annual expenses 

11 shall be reduced as collections are received during the fis12 cal year so as to result in a final fiscal year 2010 appro13 priation estimated at not more than $0: Provided further, 

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

15 collected by the Southeastern Power Administration pur16 suant to the Flood Control Act of 1944 to recover pur17 chase power and wheeling expenses shall be credited to 

18 this account as offsetting collections, to remain available 

19 until expended for the sole purpose of making purchase 

20 power and wheeling expenditures: Provided further, That 

21 notwithstanding the provisions of 31 U.S.C. 3302 and sec22 tion 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), 

23 all funds collected by the Southeastern Power Administra24 tion that are applicable to the repayment of the annual 

25 expenses of this account in this and subsequent fiscal 


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1 years shall be credited to this account as discretionary off2 setting collections for the sole purpose of funding such ex3 penses, with such funds remaining available until ex4 pended: Provided further, That for purposes of this appro5 priation, annual expenses means expenditures that are 

6 generally recovered in the same year that they are in7 curred (excluding purchase power and wheeling expenses). 

8 OPERATION AND MAINTENANCE, SOUTHWESTERN

9 POWER ADMINISTRATION

10 For necessary expenses of operation and maintenance 

11 of power transmission facilities and of marketing electric 

12 power and energy, for construction and acquisition of 

13 transmission lines, substations and appurtenant facilities, 

14 and for administrative expenses, including official recep15 tion and representation expenses in an amount not to ex16 ceed $1,500 in carrying out section 5 of the Flood Control 

17 Act of 1944 (16 U.S.C. 825s), as applied to the South18 western Power Administration, $44,944,000, to remain 

19 available until expended: Provided, That notwithstanding 

20 31 U.S.C. 3302 and section 5 of the Flood Control Act 

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

22 by the Southwestern Power Administration from the sale 

23 of power and related services shall be credited to this ac24 count as discretionary offsetting collections, to remain 

25 available until expended, for the sole purpose of funding 


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1 the annual expenses of the Southwestern Power Adminis2 tration: Provided further, That the sum herein appro3 priated for annual expenses shall be reduced as collections 

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

5 fiscal year 2010 appropriation estimated at not more than 

6 $13,076,000: Provided further, That, notwithstanding 31 

7 U.S.C. 3302, up to $38,000,000 collected by the South8 western Power Administration pursuant to the Flood Con9 trol Act of 1944 to recover purchase power and wheeling 

10 expenses shall be credited to this account as offsetting col11 lections, to remain available until expended for the sole 

12 purpose of making purchase power and wheeling expendi13 tures: Provided further, That notwithstanding 31 U.S.C. 

14 3302 and section 5 of the Flood Control Act of 1944 (16 

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

16 Power Administration that are applicable to the repay17 ment of the annual expenses of this account in this and 

18 subsequent fiscal years shall be credited to this account 

19 as discretionary offsetting collections for the sole purpose 

20 of funding such expenses, with such funds remaining 

21 available until expended: Provided further, That for pur22 poses of this appropriation, annual expenses means ex23 penditures that are generally recovered in the same year 

24 that they are incurred (excluding purchase power and 

25 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 7 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 account, 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 

6 Administration uses a fund symbol other than the Bonne7 ville Power Administration Fund Treasury account fund 

8 symbol solely to report accrued expenditures of projects 

9 attributed by the Administrator of the Bonneville Power 

10 Administration 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 (increased by $2,500,000), 

5 to remain available until 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 60 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 SEC. 503. LIGHT BULB RESTRICTION.—None of the 

14 funds made available in this Act may be used to purchase 

15 light bulbs unless the light bulbs are ‘‘Energy Star’’ quali16 fied or have the ‘‘Federal Energy Management Program’’ 

17 designation. 

18 SEC. 504. PASSENGER MOTOR VEHICLES.—None of 

19 the funds made available in this Act may be used to pur20 chase passenger motor vehicles other than those manufac21 tured by Ford, General Motors, or Chrysler. 

22 This Act may be cited as the ‘‘Energy and Water De23 velopment and Related Agencies Appropriations Act, 

24 2010’’. 


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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 super11 vision of the Chief of Engineers for authorized civil func12 tions of the Department of the Army pertaining to rivers 

13 and harbors, flood and storm damage reduction, shore pro14 tection, aquatic ecosystem restoration, and related efforts. 

15 GENERAL INVESTIGATIONS

16 For expenses necessary where authorized by law for the 

17 collection and study of basic information pertaining to 

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

19 protection, aquatic ecosystem restoration, and related needs; 

20 for surveys and detailed studies, and plans and specifica21 tions of proposed river and harbor, flood and storm damage 

22 reduction, shore protection, and aquatic ecosystem restora23 tion projects and related efforts prior to construction; for 

24 restudy of authorized projects; and for miscellaneous inves25 tigations and, when authorized by law, surveys and detailed 


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1 studies, and plans and specifications of projects prior to 

2 construction, $170,000,000, to remain available until ex3 pended. 

4 CONSTRUCTION, GENERAL

5 For expenses necessary for the construction of river 

6 and harbor, flood and storm damage reduction, shore pro7 tection, aquatic ecosystem restoration, and related projects 

8 authorized by law; for conducting detailed studies, and 

9 plans and specifications, of such projects (including those 

10 involving participation by States, local governments, or 

11 private groups) authorized or made eligible for selection by 

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

13 shall not constitute a commitment of the Government to 

14 construction); $1,924,000,000, to remain available until ex15 pended; of which such sums as are necessary to cover the 

16 Federal share of construction costs for facilities under the 

17 Dredged Material Disposal Facilities program shall be de18 rived from the Harbor Maintenance Trust Fund as author19 ized by Public Law 104–303; and of which such sums as 

20 are necessary pursuant to Public Law 99–662 shall be de21 rived from the Inland Waterways Trust Fund, to cover one22 half of the costs of construction, replacement, rehabilitation, 

23 and expansion of inland waterways projects (including 

24 only Chickamauga Lock, Tennessee; Kentucky Lock and 

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


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1 4 Monongahela River, Pennsylvania; Markland Locks and 

2 Dam, Kentucky and Indiana; Olmsted Lock and Dam, Illi3 nois and Kentucky; and Emsworth Locks and Dam, Ohio 

4 River, Pennsylvania) shall be derived from the Inland Wa5 terways Trust Fund: Provided, That the Chief of Engineers 

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

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

8 including the Cadillac Heights feature, generally in accord9 ance with the Chief of Engineers report dated December 7, 

10 1999: Provided further, That the Chief of Engineers is di11 rected to use $1,500,000 of funds available for the 

12 Greenbrier Basin, Marlinton, West Virginia, Local Protec13 tion Project to continue engineering and design efforts, exe14 cute a project partnership agreement, and initiate construc15 tion of the project substantially in accordance with Alter16 native 1 as described in the Corps of Engineers Final De17 tailed Project Report and Environmental Impact State18 ment for Marlinton, West Virginia Local Protection Project 

19 dated September 2008: Provided further, That the Federal 

20 and non-Federal shares shall be determined in accordance 

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

22 103(m) of the Water Resources Development Act of 1986, 

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

24 is directed to use $2,750,000 of the funds appropriated here25 in for planning, engineering, design or construction of the 


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1 Grundy, Buchanan County, and Dickenson County, Vir2 ginia, elements of the Levisa and Tug Forks of the Big 

3 Sandy River and Upper Cumberland River Project: Pro4 vided further, That the Chief of Engineers is directed to use 

5 $4,000,000 of the funds appropriated herein to continue 

6 planning, engineering, design or construction of the Lower 

7 Mingo County, Upper Mingo County, Wayne County, 

8 McDowell County, West Virginia, elements of the Levisa 

9 and Tug Forks of the Big Sandy River and Upper Cum10 berland River Project: Provided further, That none of the 

11 funds made available by this Act may be used to carry out 

12 any portion of the Delaware River Main Channel Deep13 ening Project identified in the committee report accom14 panying this Act that is located in the State of Delaware 

15 until the date on which the government of the State of Dela16 ware issues an applicable project permit for the Delaware 

17 River Main Channel Deepening Project. 

18 MISSISSIPPI RIVER AND TRIBUTARIES

19 For expenses necessary for flood damage reduction 

20 projects and related efforts in the Mississippi River alluvial 

21 valley below Cape Girardeau, Missouri, as authorized by 

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

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

24 of eligible operation and maintenance costs for inland har25 bors shall be derived from the Harbor Maintenance Trust 


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

2 through the Chief of Engineers is directed to use 

3 $10,000,000 appropriated herein for construction of water 

4 withdrawal features of the Grand Prairie, Arkansas, 

5 project. 

6 OPERATION AND MAINTENANCE

7 For expenses necessary for the operation, maintenance, 

8 and care of existing river and harbor, flood and storm dam9 age reduction, aquatic ecosystem restoration, and related 

10 projects authorized by law; providing security for infra11 structure owned or operated by the Corps, including admin12 istrative buildings and laboratories; maintaining harbor 

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

14 agency that serve essential navigation needs of general com15 merce, where authorized by law; surveying and charting 

16 northern and northwestern lakes and connecting waters; 

17 clearing and straightening channels; and removing obstruc18 tions to navigation, $2,450,000,000, to remain available 

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

20 the Federal share of eligible operation and maintenance 

21 costs for coastal harbors and channels, and for inland har22 bors shall be derived from the Harbor Maintenance Trust 

23 Fund; of which such sums as become available from the spe24 cial account for the Corps established by the Land and 

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


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1 460l–6a(i)), shall be derived from that account for resource 

2 protection, research, interpretation, and maintenance ac3 tivities related to resource protection in the areas at which 

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

5 become available from fees collected under section 217 of the 

6 Water Resources Development Act of 1996 (Public Law 

7 104–303), shall be used to cover the cost of operation and 

8 maintenance of the dredged material disposal facilities for 

9 which such fees have been collected: Provided, That 1 per10 cent of the total amount of funds provided for each of the 

11 programs, projects or activities funded under this heading 

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

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

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

15 such emergency activities as the Chief of Engineers deter16 mines to be necessary and appropriate; and that the Chief 

17 of Engineers shall allocate during the fourth quarter any 

18 remaining funds which have not been used for emergency 

19 activities proportionally in accordance with the amounts 

20 provided for the programs, projects or activities. 

21 REGULATORY PROGRAM

22 For expenses necessary for administration of laws per23 taining to regulation of navigable waters and wetlands, 

24 $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, $140,000,000, to remain available until expended. 

6 GENERAL EXPENSES

7 For expenses necessary for the supervision and general 

8 administration of the civil works program in the head9 quarters of the United States Army Corps of Engineers, and 

10 the offices of the Division Engineers; and for the manage11 ment and operation of the Humphreys Engineer Center 

12 Support Activity, the Institute for Water Resources, the 

13 United States Army Engineer Research and Development 

14 Center, and the United States Army Corps of Engineers Fi15 nance Center, $186,000,000, to remain available until ex16 pended, of which not to exceed $5,000 may be used for offi17 cial reception and representation purposes and only during 

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

19 appropriation provided in title I of this Act shall be avail20 able to fund the civil works activities of the Office of the 

21 Chief of Engineers or the civil works executive direction and 

22 management activities of the division offices: Provided fur23 ther, That any Flood Control and Coastal Emergencies ap24 propriation may be used to fund the supervision and gen25 eral administration of emergency operations, repairs, and 


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

2 natural disaster. 

3 OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL

4 WORKS)

5 For the Office of Assistant Secretary of the Army 

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

7 $5,000,000, to remain available until expended. 

8 ADMINISTRATIVE PROVISION

9 The Revolving Fund, Corps of Engineers, shall be 

10 available during the current fiscal year for purchase (not 

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

12 motor vehicles for the civil works program. 

13 GENERAL PROVISIONS, CORPS OF ENGINEERS—CIVIL

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

15 of this Act, or provided by previous appropriations Acts 

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

17 remain available for obligation or expenditure in fiscal year 

18 2010, shall be available for obligation or expenditure 

19 through a reprogramming of funds that: 

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

21 or activity; 

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

23 (3) increases funds or personnel for any pro24 gram, project, or activity for which funds have been 

25 denied or restricted by this Act, unless prior approval 


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1 is received from the House and Senate Committees on 

2 Appropriations; 

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

4 activity for a different purpose, unless prior approval 

5 is received from the House and Senate Committees on 

6 Appropriations; 

7 (5) augments or reduces existing programs, 

8 projects or activities in excess of the amounts con9 tained in subsections 6 through 10, unless prior ap10 proval is received from the House and Senate Com11 mittees on Appropriations; 

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

13 $100,000, reprogramming of 25 percent of the base 

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

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

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

17 $25,000: Provided further, That up to $25,000 may be 

18 reprogrammed into any continuing study or activity 

19 that did not receive an appropriation for existing ob20 ligations and concomitant administrative expenses; 

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

22 $2,000,000, reprogramming of 15 percent of the base 

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

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

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


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1 $300,000: Provided further, That up to $3,000,000 

2 may be reprogrammed for settled contractor claims, 

3 changed conditions, or real estate deficiency judg4 ments: Provided further, That up to $300,000 may be 

5 reprogrammed into any continuing study or activity 

6 that did not receive an appropriation for existing ob7 ligations and concomitant administrative expenses; 

8 (8) OPERATION AND MAINTENANCE.—Unlimited 

9 reprogramming authority is granted in order for the 

10 Corps to be able to respond to emergencies: Provided, 

11 That the Chief of Engineers must notify the House 

12 and Senate Committees on Appropriations of these 

13 emergency actions as soon thereafter as practicable: 

14 Provided further, That for a base level over 

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

16 amount a limit of $5,000,000 per project, study or ac17 tivity is allowed: Provided further, That for a base 

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

19 $150,000: Provided further, That $150,000 may be re20 programmed into any continuing study or activity 

21 that did not receive an appropriation; 

22 (9) MISSISSIPPI RIVER AND TRIBUTARIES.—The 

23 same reprogramming guidelines for the Investiga24 tions, Construction, and Operation and Maintenance 


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1 portions of the Mississippi River and Tributaries Ac2 count as listed above; and 

3 (10) FORMERLY UTILIZED SITES REMEDIAL AC4 TION PROGRAM.—Reprogramming of up to 15 percent 

5 of the base of the receiving project is permitted. 

6 (b) CONTINUING AUTHORITIES PROGRAM.—Subsection 

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

8 under the continuing authorities program. 

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

10 of this Act, the Corps of Engineers shall submit a report 

11 to the House and Senate Committees on Appropriations to 

12 establish the baseline for application of reprogramming and 

13 transfer authorities for the current fiscal year: Provided, 

14 That the report shall include: 

15 (1) A table for each appropriation with a sepa16 rate column to display the President’s budget request, 

17 adjustments made by Congress, adjustments due to 

18 enacted rescissions, if appropriate, and the fiscal year 

19 enacted level; 

20 (2) A delineation in the table for each appro21 priation both by object class and program, project 

22 and activity as detailed in the budget appendix for 

23 the respective appropriations; and 

24 (3) An identification of items of special congres25 sional interest. 


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

2 Acts, making funds available for Energy and Water Devel3 opment, shall be used to implement any pending or future 

4 competitive sourcing actions under OMB Circular A–76 or 

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

6 of Engineers. 

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

8 Engineers Report on a water resource matter, the Assistant 

9 Secretary of the Army (Civil Works) shall submit the report 

10 to the appropriate authorizing and appropriating commit11 tees of the Congress. 

12 WATER REALLOCATION, LAKE CUMBERLAND, KENTUCKY

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

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

15 to carry out any water reallocation project or component 

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

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

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

19 595). 

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

21 not apply to any water reallocation for Lake Cumberland, 

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

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

24 Act. 


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

2 Acts, making funds available for Energy and Water Devel3 opment shall be used to award any continuing contract that 

4 commits additional funding from the Inland Waterway 

5 Trust Fund unless or until such time that a permanent so6 lution long-term mechanism to enhance revenues in the 

7 fund is enacted. 

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

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

10 137 (117 Stat. 1837) and section 5097 of Public Law 110– 

11 114 (121 Stat. 1233), is further amended by striking 

12 ‘‘$110,000,000’’ and inserting ‘‘$200,000,000’’ in lieu there13 of. 

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

15 River and Skunk Creek, Sioux Falls, South Dakota author16 ized by section 101(a)(28) of the Water Resources Develop17 ment Act of 1996 (Public Law 104–303; 110 Stat. 3666), 

18 is modified to authorize the Secretary to construct the 

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

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

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

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

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

24 114 (121 Stat. 1219), is further amended by— 


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

2 Montana and New Mexico’’ and inserting the fol3 lowing language in lieu thereof: ‘‘$75,000,000 for 

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

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

6 ‘‘$100,000,000’’ in lieu thereof. 

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

8 Moines and Raccoon Rivers, Des Moines Iowa, authorized 

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

10 of 2007 (121 Stat. 1053), is modified to authorize the Sec11 retary to construct the project at a total cost of $16,500,000 

12 with an estimated Federal cost of $10,725,000 and an esti13 mated non-Federal cost of $5,775,000. 

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

15 Breckenridge, Minnesota, authorized by section 320 of the 

16 Water Resources Development Act of 2000 (Public Law 

17 106–541; 114 Stat. 2605), is modified to authorize the Sec18 retary to construct the project at a total cost of $39,360,000 

19 with an estimated Federal cost of $25,000,000 and an esti20 mated non-Federal cost of $14,360,000. 

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

22 Consolidated Appropriations Resolution, 2003 (Public Law 

23 108–7; 117 Stat. 141) is amended by striking 

24 ‘‘$10,000,000’’ and inserting ‘‘$27,000,000’’ in lieu thereof. 


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

2 carry out structural and non-structural projects for storm 

3 damage prevention and reduction, coastal erosion, and ice 

4 and glacial damage in Alaska, including relocation of af5 fected communities and construction of replacement facili6 ties: Provided, That the non-Federal share of any project 

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

8 35 percent of the total cost of the project and shall be subject 

9 to the ability of the non-Federal interest to pay, as deter10 mined in accordance with 33 U.S.C. 2213(m). 

11 SEC. 113. Section 3111(1) of the Water Resources De12 velopment Act, 2007 (Public Law 110–114; 121 Stat. 1041) 

13 is amended by inserting after the word ‘‘before’’, the fol14 lowing: ‘‘, on and after’’. 

15 SEC. 114. The flood control project for West Sac16 ramento, California, authorized by section 101(4), Water 

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

18 Energy and Water Development Appropriations Act, 1999, 

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

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

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

22 first Federal cost of $38,355,000 and an estimated non-Fed23 eral first cost of $14,685,000. 


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1 (RESCISSION)

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

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

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

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

6 project less any funds needed for contract termination, are 

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

8 heading ‘‘Mississippi River and Tributaries’’ for the Mis9 sissippi Channel Improvement, Arkansas, Illinois, Ken10 tucky, Louisiana, Mississippi, Missouri, and Tennessee con11 struction project. 

12 (RESCISSION)

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

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

15 ‘‘Construction, General’’ for site restoration of the St. Johns 

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

17 funds needed for contract termination, and are hereby re18 scinded and $1,800,000 is appropriated under the heading 

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

20 303), Aquatic Ecosystem Restoration, as amended. 

21 PROJECT FOR PERMANENT PUMPS AND CLOSURE

22 STRUCTURES, LAKE PONTCHARTRAIN, LOUISIANA

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

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

25 project for permanent pumps and closure structures 


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1 at or near the lakefront at Lake Pontchartrain and 

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

3 London Avenue canals in and near the city of New 

4 Orleans that is— 

5 (A) authorized by the matter under the 

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

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

8 298; 79 Stat. 1077); and 

9 (B) modified by— 

10 (i) the matter under the heading 

11 ‘‘FLOOD CONTROL AND COASTAL EMER12 GENCIES (INCLUDING RESCISSION OF

13 FUNDS)’’ under the heading ‘‘CORPS OF EN14 GINEERS—CIVIL’’ under the heading ‘‘DE15 PARTMENT OF THE ARMY’’ under the 

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

18 the Emergency Supplemental Appropria19 tions Act for Defense, the Global War on 

20 Terror, and Hurricane Recovery, 2006 

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

22 (ii) section 7012(a)(2) of the Water Re23 sources Development Act of 2007 (Public 

24 Law 110–114; 121 Stat. 1279); and 


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1 (iii) the matter under the heading 

2 ‘‘FLOOD CONTROL AND COASTAL EMER3 GENCIES’’ under the heading ‘‘CORPS OF

4 ENGINEERS—CIVIL’’ under the heading 

5 ‘‘DEPARTMENT OF THE ARMY’’ under 

6 the heading ‘‘DEPARTMENT OF DE7 FENSE—CIVIL’’ of chapter 3 of title III of 

8 the Supplemental Appropriations Act, 2008 

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

10 (2) PUMPING STATION REPORT.—The term 

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

12 (A) prepared by the Secretary that contains 

13 the results of the investigation required under 

14 section 4303 of the U.S. Troop Readiness, Vet15 erans’ Care, Katrina Recovery, and Iraq Ac16 countability Appropriations Act, 2007 (Public 

17 Law 110–28; 121 Stat. 154); and 

18 (B) dated August 30, 2007. 

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

20 the Secretary of the Army, acting through the Chief 

21 of Engineers. 

22 (b) STUDY.— 

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

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

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


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1 residual risks associated with the options identified as 

2 ‘‘Option 1’’, ‘‘Option 2’’, and ‘‘Option 2a’’, as de3 scribed in the pumping station report. 

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

5 under paragraph (1), the Secretary shall identify 

6 which option described in that paragraph— 

7 (A) is most technically advantageous; 

8 (B) is most effective from an operational 

9 perspective in providing the greatest long-term 

10 reliability in reducing the risk of flooding to the 

11 New Orleans area; 

12 (C) is most advantageous considering the 

13 engineering challenges and construction complex14 ities of each option; and 

15 (D) is most cost-effective. 

16 (3) INDEPENDENT EXTERNAL PEER REVIEW.— 

17 (A) DUTY OF SECRETARY.—In accordance 

18 with Section 2034 of the Water Resource Devel19 opment Act of 2007, the Chief shall carry out an 

20 independent external peer review of— 

21 (i) the results of the study under para22 graph (1); and 

23 (ii) each cost estimate completed for 

24 each option described in paragraph (1). 

25 (B) REPORT.— 


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1 (i) IN GENERAL.—Not later than 90 

2 days after the date of completion of the 

3 independent external peer review under sub4 paragraph (A), in accordance with clause 

5 (ii), the Secretary shall submit a report 

6 to— 

7 (I) the Committee on Environ8 ment and Public Works of the Senate; 

9 (II) the Committee on Appropria10 tions of the Senate; 

11 (III) the Committee on Transpor12 tation and Infrastructure of the House 

13 of Representatives; and 

14 (IV) the Committee on Appropria15 tions of the House of Representatives. 

16 (ii) CONTENTS.—The report described 

17 in clause (i) shall contain— 

18 (I) the results of the study de19 scribed in paragraph (1); 

20 (II) a description of the findings 

21 of the independent external peer review 

22 carried out under subparagraph (A); 

23 and 


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1 (III) a written response for any 

2 recommendations adopted or not 

3 adopted from the peer review. 

4 (4) SUSPENSION OF CERTAIN ACTIVITIES.—The 

5 Secretary shall suspend each activity of the Secretary 

6 that would result in the design and construction of 

7 any pumping station covered by the pumping station 

8 report unless the activity is consistent with each op9 tion described in paragraph (1). 

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

11 enactment of this Act, the Secretary shall submit to 

12 the Committee on Environment and Public Works of 

13 the Senate and the Committee on Transportation and 

14 Infrastructure of the House of Representatives a re15 port that contains a feasibility level of analysis (in16 cluding a cost estimate) for the project, as modified 

17 under this subsection. 

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

19 the Secretary shall use amounts made available to 

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

21 Avenue drainage canals and install pumps and clo22 sure structures at or near the lakefront in the first 

23 proviso in the matter under the heading ‘‘FLOOD CON24 TROL AND COASTAL EMERGENCIES (INCLUDING RE25 SCISSION OF FUNDS)’’ under the heading ‘‘CORPS OF


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1 ENGINEERS—CIVIL’’ under the heading ‘‘DEPART2 MENT OF THE ARMY’’ under the heading ‘‘DE3 PARTMENT OF DEFENSE—CIVIL’’ of chapter 3 

4 of title II of the Emergency Supplemental Appropria5 tions Act for Defense, the Global War on Terror, and 

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

7 Stat. 454). 

8 TEN MILE CREEK WATER PRESERVE AREA

9 SEC. 118. Section 528(b)(3)(C)(ii) of the Water Re10 sources Development Act of 1996 (110 Stat. 3769; 121 Stat. 

11 1270) is amended— 

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

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

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

15 ‘‘(III) TEN MILE CREEK WATER

16 PRESERVE AREA.—The Federal share 

17 of the cost of the Ten Mile Creek Water 

18 Preserve Area may exceed $25,000,000 

19 by an amount equal to not more than 

20 $3,500,000, which shall be used to pay 

21 the Federal share of the cost of— 

22 ‘‘(aa) the completion of a 

23 post authorization change report; 

24 and 


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1 ‘‘(bb) the maintenance of the 

2 Ten Mile Creek Water Preserve 

3 Area in caretaker status through 

4 fiscal year 2013.’’. 

5 SEC. 119. As soon as practicable after the date of en6 actment of this Act, from funds made available before the 

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

8 Bend Channel project, the Secretary of the Army may reim9 burse the non-Federal sponsor of the Tampa Harbor Big 

10 Bend Channel project for the Federal share of the dredging 

11 work carried out for the project. 

12 TITLE II 

13 DEPARTMENT OF THE INTERIOR 

14 CENTRAL UTAH PROJECT

15 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

16 For carrying out activities authorized by the Central 

17 Utah Project Completion Act, $40,300,000, to remain avail18 able until expended, of which $1,500,000 shall be deposited 

19 into the Utah Reclamation Mitigation and Conservation 

20 Account for use by the Utah Reclamation Mitigation and 

21 Conservation Commission. In addition, for necessary ex22 penses incurred in carrying out related responsibilities of 

23 the Secretary of the Interior, $1,704,000, to remain avail24 able until expended. For fiscal year 2010, the Commission 


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1 may use an amount not to exceed $1,500,000 for adminis2 trative expenses. 

3 BUREAU OF RECLAMATION

4 The following appropriations shall be expended to exe5 cute authorized functions of the Bureau of Reclamation: 

6 WATER AND RELATED RESOURCES

7 (INCLUDING TRANSFERS OF FUNDS)

8 For management, development, and restoration of 

9 water and related natural resources and for related activi10 ties, including the operation, maintenance, and rehabilita11 tion of reclamation and other facilities, participation in 

12 fulfilling related Federal responsibilities to Native Ameri13 cans, and related grants to, and cooperative and other 

14 agreements with, State and local governments, federally rec15 ognized Indian tribes, and others, $993,125,000, to remain 

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

17 available for transfer to the Upper Colorado River Basin 

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

19 Lower Colorado River Basin Development Fund; of which 

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

21 Colorado River Dam Fund; of which not more than 

22 $500,000 is for high priority projects which shall be carried 

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

24 U.S.C. 1706: Provided, That such transfers may be in25 creased or decreased within the overall appropriation under 


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1 this heading: Provided further, That of the total appro2 priated, the amount for program activities that can be fi3 nanced by the Reclamation Fund or the Bureau of Rec4 lamation special fee account established by 16 U.S.C. 460l– 

5 6a(i) shall be derived from that Fund or account: Provided 

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

7 available until expended for the purposes for which contrib8 uted: Provided further, That funds advanced under 43 

9 U.S.C. 397a shall be credited to this account and are avail10 able until expended for the same purposes as the sums ap11 propriated under this heading: Provided further, That 

12 funds available for expenditure for the Departmental Irri13 gation Drainage Program may be expended by the Bureau 

14 of Reclamation for site remediation on a nonreimbursable 

15 basis. 

16 CENTRAL VALLEY PROJECT RESTORATION FUND

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

18 restoration, improvement, and acquisition provisions of the 

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

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

21 Valley Project Restoration Fund pursuant to sections 

22 3407(d), 3404(c)(3), and 3405(f) of Public Law 102–575, 

23 to remain available until expended: Provided, That the Bu24 reau of Reclamation is directed to assess and collect the full 

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1 ments authorized by section 3407(d) of Public Law 102– 

2 575: Provided further, That none of the funds made avail3 able under this heading may be used for the acquisition or 

4 leasing of water for in-stream purposes if the water is al5 ready committed to in-stream purposes by a court adopted 

6 decree or order. 

7 CALIFORNIA BAY-DELTA RESTORATION

8 (INCLUDING TRANSFERS OF FUNDS)

9 For carrying out activities authorized by the Water 

10 Supply, Reliability, and Environmental Improvement Act, 

11 consistent with plans to be approved by the Secretary of 

12 the Interior, $41,000,000, to remain available until ex13 pended, of which such amounts as may be necessary to 

14 carry out such activities may be transferred to appropriate 

15 accounts of other participating Federal agencies to carry 

16 out authorized purposes: Provided, That funds appro17 priated herein may be used for the Federal share of the costs 

18 of CALFED Program management: Provided further, That 

19 the use of any funds provided to the California Bay-Delta 

20 Authority for program-wide management and oversight ac21 tivities shall be subject to the approval of the Secretary of 

22 the Interior: Provided further, That CALFED implementa23 tion shall be carried out in a balanced manner with clear 

24 performance measures demonstrating concurrent progress 

25 in achieving the goals and objectives of the Program. 


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1 POLICY AND ADMINISTRATION

2 For necessary expenses of policy, administration, and 

3 related functions in the Office of the Commissioner, the 

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

5 of Reclamation, to remain available until expended, 

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

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

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

9 be available for activities or functions budgeted as policy 

10 and administration expenses. 

11 ADMINISTRATIVE PROVISION

12 Appropriations for the Bureau of Reclamation shall 

13 be available for purchase of not to exceed seven passenger 

14 motor vehicles, which are for replacement only. 

15 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

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

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

18 by previous appropriations Acts to the agencies or entities 

19 funded in title II of this Act for Water and Related Re20 sources that remain available for obligation or expenditure 

21 in fiscal year 2010, shall be available for obligation or ex22 penditure through a reprogramming of funds that— 

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

24 or activity; 

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


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

2 activity for which funds have been denied or restricted 

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

4 Committees on Appropriations of the House of Rep5 resentatives and the Senate; 

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

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

8 unless prior approval is received from the Committees 

9 on Appropriations of the House of Representatives 

10 and the Senate; 

11 (5) transfers funds in excess of the following lim12 its, unless prior approval is received from the Com13 mittees on Appropriations of the House of Represent14 atives and the Senate: 

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

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

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

19 activity for which less than $2,000,000 is avail20 able at the beginning of the fiscal year; 

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

22 Facilities Operation, Maintenance, and Rehabilita23 tion category or the Resources Management and De24 velopment category to any program, project, or activ25 ity in the other category, unless prior approval is reVerDate Nov 24 2008 03:23 Jul 31, 2009 Jkt 079200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6203 E:\BILLS\H3183.PP H3183

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1 ceived from the Committees on Appropriations of the 

2 House of Representatives and the Senate; or 

3 (7) transfers, where necessary to discharge legal 

4 obligations of the Bureau of Reclamation, more than 

5 $5,000,000 to provide adequate funds for settled con6 tractor claims, increased contractor earnings due to 

7 accelerated rates of operations, and real estate defi8 ciency judgments, unless prior approval is received 

9 from the Committees on Appropriations of the House 

10 of Representatives and the Senate. 

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

12 of funds within the Facilities Operation, Maintenance, and 

13 Rehabilitation category. 

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

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

16 project, or activity. 

17 (d) The Bureau of Reclamation shall submit reports 

18 on a quarterly basis to the Committees on Appropriations 

19 of the House of Representatives and the Senate detailing 

20 all the funds reprogrammed between programs, projects, ac21 tivities, or categories of funding. The first quarterly report 

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

23 enactment of this Act. 

24 SEC. 202. (a) None of the funds appropriated or other25 wise made available by this Act may be used to determine 


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1 the final point of discharge for the interceptor drain for 

2 the San Luis Unit until development by the Secretary of 

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

4 shall conform to the water quality standards of the State 

5 of California as approved by the Administrator of the Envi6 ronmental Protection Agency, to minimize any detrimental 

7 effect of the San Luis drainage waters. 

8 (b) The costs of the Kesterson Reservoir Cleanup Pro9 gram and the costs of the San Joaquin Valley Drainage 

10 Program shall be classified by the Secretary of the Interior 

11 as reimbursable or nonreimbursable and collected until fully 

12 repaid pursuant to the ‘‘Cleanup Program-Alternative Re13 payment Plan’’ and the ‘‘SJVDP-Alternative Repayment 

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

15 Kesterson Reservoir Cleanup Program and San Joaquin 

16 Valley Drainage Program, February 1995’’, prepared by 

17 the Department of the Interior, Bureau of Reclamation. 

18 Any future obligations of funds by the United States relat19 ing to, or providing for, drainage service or drainage stud20 ies for the San Luis Unit shall be fully reimbursable by 

21 San Luis Unit beneficiaries of such service or studies pur22 suant to Federal reclamation law. 

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

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

25 pay the salaries and expenses of personnel to purchase or 


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1 lease water in the Middle Rio Grande or the Carlsbad 

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

3 compliance with the purchase requirements of section 202 

4 of Public Law 106–60. 

5 SEC. 204. Funds under this title for Drought Emer6 gency Assistance shall be made available primarily for leas7 ing of water for specified drought related purposes from 

8 willing lessors, in compliance with existing State laws and 

9 administered under State water priority allocation. 

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

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

12 1457) is amended by striking ‘‘over a period of 10 fiscal 

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

14 and inserting ‘‘through fiscal year 2015’’. 

15 SEC. 206. Section 208(a) of the Energy and Water De16 velopment Appropriations Act, 2006 (Public Law 109–103; 

17 119 Stat. 2268), is amended— 

18 (1) in paragraph (1)— 

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

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

21 (IV), respectively, and indenting the subclauses 

22 appropriately; 

23 (B) by redesignating subparagraphs (A) 

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

25 indenting the clauses appropriately; 


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1 (C) by striking ‘‘(a)(1) Using’’ and insert2 ing the following: 

3 ‘‘(a) ACTION BY SECRETARY.— 

4 ‘‘(1) PROVISION OF FUNDS.— 

5 ‘‘(A) IN GENERAL.—Using’’; 

6 (D) in subparagraph (A) (as so redesig7 nated)— 

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

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

10 National Fish and Wildlife Foundation’’ 

11 after ‘‘University of Nevada’’; 

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

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

14 a semicolon; 

15 (iii) in clause (ii)(IV) (as so redesig16 nated), by striking the period at the end 

17 and inserting ‘‘; and’’; and 

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

19 ‘‘(iii) to design and implement con20 servation and stewardship measures to ad21 dress impacts from activities carried out— 

22 ‘‘(I) under clause (i); and 

23 ‘‘(II) in conjunction with willing 

24 landowners.’’; and 

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


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1 ‘‘(B) NATIONAL FISH AND WILDLIFE FOUN2 DATION.— 

3 ‘‘(i) DATE OF PROVISION.—The Sec4 retary shall provide funds to the National 

5 Fish and Wildlife Foundation pursuant to 

6 subparagraph (A) in an advance payment 

7 of the available amount— 

8 ‘‘(I) on the date of enactment of 

9 the Energy and Water Development 

10 and Related Agencies Appropriations 

11 Act, 2010; or 

12 ‘‘(II) as soon as practicable after 

13 that date of enactment. 

14 ‘‘(ii) REQUIREMENTS.— 

15 ‘‘(I) IN GENERAL.—Except as pro16 vided in subclause (II), the funds pro17 vided under clause (i) shall be subject 

18 to the National Fish and Wildlife 

19 Foundation Establishment Act (16 

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

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

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

23 ‘‘(II) EXCEPTIONS.—Sections 4(e) 

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

25 Wildlife Foundation Establishment Act 


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1 (16 U.S.C. 3703(e), 3709(b)(2)), and 

2 the provision of subsection (c)(2) of sec3 tion 4 of that Act (16 U.S.C. 3703) re4 lating to subsection (e) of that section, 

5 shall not apply to the funds provided 

6 under clause (i).’’; and 

7 (2) in paragraph (2)— 

8 (A) in the matter preceding subparagraph 

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

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

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

12 or the National Fish and Wildlife Foundation 

13 shall make acquisitions that the University or 

14 the Foundation determines to be the most bene15 ficial to—’’; and 

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

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

18 (1)(A)(ii)’’. 

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

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

21 Law 107–171) is amended— 

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

23 end; 

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

25 the end and inserting ‘‘; and’’; and 


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

2 ‘‘(3) for efforts consistent with researching, sup3 porting, and conserving fish, wildlife, plant, and 

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

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

6 section 2507 of the Farm Security and Rural Investment 

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

8 the Secretary of the Interior, acting through the Commis9 sioner of Reclamation, shall— 

10 (1) provide, in accordance with section 

11 208(a)(1)(A)(i) of the Energy and Water Development 

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

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

14 to establish the Walker Basin Restoration Program 

15 for the primary purpose of restoring and maintaining 

16 Walker Lake, a natural desert terminal lake in the 

17 State of Nevada, consistent with protection of the eco18 logical health of the Walker River and the riparian 

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

20 Walker Rivers; and 

21 (2) allocate— 

22 (A) acting through a nonprofit conservation 

23 organization that is acting in consultation with 

24 the Truckee Meadows Water Authority, 


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1 $2,000,000, to remain available until expended, 

2 for— 

3 (i) the acquisition of land surrounding 

4 Independence Lake; and 

5 (ii) protection of the native fishery and 

6 water quality of Independence Lake, as de7 termined by the nonprofit conservation or8 ganization; 

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

10 amounts to the State of Nevada, the State of 

11 California, the Truckee Meadows Water Author12 ity, the Pyramid Lake Paiute Tribe, and the 

13 Federal Watermaster of the Truckee River to im14 plement the Truckee-Carson-Pyramid Lake 

15 Water Rights Settlement Act (Public Law 101– 

16 618; 104 Stat. 3289); 

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

18 city of Fernley, Nevada, and the Pyramid Lake 

19 Paiute Tribe, for joint planning and develop20 ment activities for water, wastewater, and sewer 

21 facilities; and 

22 (D) $1,000,000 to the United States Geo23 logical Survey to design and implement, in con24 sultation and cooperation with other Federal de25 partments and agencies, State and tribal governVerDate Nov 24 2008 03:23 Jul 31, 2009 Jkt 079200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6203 E:\BILLS\H3183.PP H3183

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1 ments, and other water management and con2 servation organizations, a water monitoring pro3 gram for the Walker River Basin. 

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

5 (a)(1) shall be— 

6 (A) used, consistent with the primary purpose 

7 set forth in subsection (a)(1), to support efforts to pre8 serve Walker Lake while protecting agricultural, envi9 ronmental, and habitat interests in the Walker River 

10 Basin; and 

11 (B) allocated as follows: 

12 (i) $25,000,000 to the Walker River Irriga13 tion District, acting in accordance with an 

14 agreement between that District and the Na15 tional Fish and Wildlife Foundation— 

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

17 water leasing demonstration program in the 

18 Walker River Basin to increase Walker 

19 Lake inflows; and 

20 (II) for use in obtaining information 

21 regarding the establishment, budget, and 

22 scope of a longer-term leasing program. 

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

24 of water and related interests from willing sellers 

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1 ergy and Water Development Appropriations 

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

3 2268). 

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

5 exercise of acquired option agreements and im6 plementation of the water leasing demonstration 

7 program, including but not limited to the pur8 suit of change applications, approvals, and 

9 agreements pertaining to the exercise of water 

10 rights and leases acquired under the program. 

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

12 and stewardship activities, including water con13 servation and management, watershed planning, 

14 land stewardship, habitat restoration, and the es15 tablishment of a local, nonprofit entity to hold 

16 and exercise water rights acquired by, and to 

17 achieve the purposes of, the Walker Basin Res18 toration Program. 

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

20 Reno, and the Desert Research Institute— 

21 (I) for additional research to supple22 ment the water rights research conducted 

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

24 and Water Development Appropriations 


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

2 2268); 

3 (II) to conduct an annual evaluation 

4 of the results of the activities carried out 

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

6 (III) to support and provide informa7 tion to the programs described in this sub8 paragraph and related acquisition and 

9 stewardship initiatives to preserve Walker 

10 Lake and protect agricultural, environ11 mental, and habitat interests in the Walker 

12 River Basin. 

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

14 and alternative agricultural cooperatives pro15 grams in Lyon County, Nevada, that promote 

16 water conservation in the Walker River Basin. 

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

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

19 Foundation— 

20 (i) in an advance payment of the entire 

21 amount— 

22 (I) on the date of enactment of this 

23 Act; or 

24 (II) as soon as practicable after that 

25 date of enactment; and 


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1 (ii) except as provided in subparagraph 

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

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

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

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

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

7 Fish and Wildlife Foundation Establishment Act (16 

8 U.S.C. 3703(e), 3709(b)(2)), and the provision of sub9 section (c)(2) of section 4 of that Act (16 U.S.C. 3703) 

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

11 apply to the amount made available under subsection 

12 (a)(1). 

13 SEC. 209. Notwithstanding the provisions of section 

14 11(c) of Public Law 89–108, as amended by section 9 of 

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

16 the April 9, 2002, Grant Agreement Between Bureau of Rec17 lamation and North Dakota Natural Resources Trust to 

18 provide funding for the Trust to continue its investment 

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

20 Dakota Natural Resources Trust Board of Directors to ex21 pend all or any portion of the funding allocation received 

22 pursuant to section 11(a)(2)(B) of the Dakota Water Re23 sources Act of 2000 for the purpose of operations of the Nat24 ural Resource Trust whether such amounts are principal 

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1 ational expenses that may be funded from the principal al2 location shall not exceed 105 percent of the previous fiscal 

3 year’s operating costs: Provided further, That the Commis4 sioner of Reclamation is authorized to include in such 

5 modified agreement with the Trust authorized under this 

6 section appropriate provisions regarding the repayment of 

7 any funds that constitute principal from the Trust Funds. 

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

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

10 ‘‘2015’’ in lieu thereof. 

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

12 102–575 (106 Stat. 4709) is amended by striking ‘‘coun13 tries’’ and inserting ‘‘counties’’. 

14 (b) A transfer of water between a Friant Division con15 tractor and a south-of-Delta CVP agricultural water service 

16 contractor, approved during a two-year period beginning 

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

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

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

20 4709) if the transfer under this clause— 

21 (1) does not interfere with the San Joaquin 

22 River Restoration Settlement Act (part I of subtitle A 

23 of title X of Public Law 111–11; 123 Stat. 1349) (in24 cluding the priorities described in section 

25 10004(a)(4)(B) of that Act relating to implementation 


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1 of paragraph 16 of the Settlement), and the Settle2 ment (as defined in section 10003 of that Act); and 

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

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

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

6 Director of the United States Fish and Wildlife Service, 

7 shall revise, finalize, and implement the applicable draft 

8 recovery plan for the Giant Garter Snake (Thamnophis 

9 gigas). 

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

11 (114 Stat. 2704) is amended by striking ‘‘2010’’ each place 

12 it appears and inserting ‘‘2013’’. 

13 TITLE III 

14 DEPARTMENT OF ENERGY 

15 ENERGY PROGRAMS 

16 ENERGY EFFICIENCY AND RENEWABLE ENERGY

17 For Department of Energy expenses including the pur18 chase, construction, and acquisition of plant and capital 

19 equipment, and other expenses necessary for energy effi20 ciency and renewable energy activities in carrying out the 

21 purposes of the Department of Energy Organization Act (42 

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

24 or facility acquisition, construction, or expansion, 

25 $2,233,967,000, to remain available until expended: ProVerDate Nov 24 2008 03:23 Jul 31, 2009 Jkt 079200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6203 E:\BILLS\H3183.PP H3183

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

2 $148,075,000 shall be used for projects specified in the table 

3 that appears under the heading ‘‘Congressionally Directed 

4 Energy Efficiency and Renewable Energy Projects’’ in the 

5 report of the Committee on Appropriations of the United 

6 States Senate to accompany this Act: Provided further, 

7 That within existing funds for industrial technologies 

8 $15,000,000 shall be used to make technical assistance 

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

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

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

12 under the Energy Efficiency & Renewable Energy, up to 

13 $8,000,000 shall be competitively awarded to universities 

14 for turbine and equipment purchases for the purposes of 

15 studying turbine to turbine wake interaction, wind farm 

16 interaction, and wind energy efficiencies, provided that 

17 such equipment shall not be used for merchant power pro18 duction. 

19 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

20 For Department of Energy expenses including the pur21 chase, construction, and acquisition of plant and capital 

22 equipment, and other expenses necessary for electricity de23 livery and energy reliability activities in carrying out the 

24 purposes of the Department of Energy Organization Act (42 

25 U.S.C. 7101 et seq.), including the acquisition or conVerDate Nov 24 2008 03:23 Jul 31, 2009 Jkt 079200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6203 E:\BILLS\H3183.PP H3183

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1 demnation of any real property or any facility or for plant 

2 or facility acquisition, construction, or expansion, 

3 $179,483,000, to remain available until expended: Pro4 vided, That, within the funding available funding the Sec5 retary shall establish an independent national energy sector 

6 cyber security organization to institute research, develop7 ment and deployment priorities, including policies and pro8 tocol to ensure the effective deployment of tested and vali9 dated technology and software controls to protect the bulk 

10 power electric grid and integration of smart grid technology 

11 to enhance the security of the electricity grid: Provided fur12 ther, That within 60 days of enactment, the Secretary shall 

13 invite applications from qualified entities for the purpose 

14 of forming and governing a national energy sector cyber 

15 organization that have the knowledge and capacity to focus 

16 cyber security research and development and to identify 

17 and disseminate best practices; organize the collection, anal18 ysis and dissemination of infrastructure vulnerabilities and 

19 threats; work cooperatively with the Department of Energy 

20 and other Federal agencies to identify areas where Federal 

21 agencies with jurisdiction may best support efforts to en22 hance security of the bulk power electric grid: Provided fur23 ther, That, of the amount appropriated in this paragraph, 

24 $6,475,000 shall be used for projects specified in the table 

25 that appears under the heading ‘‘Congressionally Directed 


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1 Electricity Delivery and Energy Reliability Projects’’ in the 

2 report of the Committee on Appropriations of the United 

3 States Senate to accompany this Act. 

4 NUCLEAR ENERGY

5 (INCLUDING TRANSFER OF FUNDS)

6 For Department of Energy expenses including the pur7 chase, construction, and acquisition of plant and capital 

8 equipment, and other expenses necessary for nuclear energy 

9 activities in carrying out the purposes of the Department 

10 of Energy Organization Act (42 U.S.C. 7101 et seq.), in11 cluding the acquisition or condemnation of any real prop12 erty or any facility or for plant or facility acquisition, con13 struction, or expansion, and the purchase of not to exceed 

14 36 passenger motor vehicles, including one ambulance, all 

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

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

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

18 specified in the table that appears under the heading ‘‘Con19 gressionally Directed Nuclear Energy Projects’’ in the re20 port of the Committee on Appropriations of the United 

21 States Senate to accompany this Act. 

22 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

23 For necessary expenses in carrying out fossil energy 

24 research and development activities, under the authority of 

25 the Department of Energy Organization Act (Public Law 


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1 95–91), including the acquisition of interest, including de2 feasible and equitable interests in any real property or any 

3 facility or for plant or facility acquisition or expansion, 

4 and for conducting inquiries, technological investigations 

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

6 disposal of mineral substances without objectionable social 

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

8 $699,200,000, to remain available until expended: Pro9 vided, That for all programs funded under Fossil Energy 

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

11 may vest fee title or other property interests acquired under 

12 projects in any entity, including the United States: Pro13 vided further, That, of the amount appropriated in this 

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

15 in the table that appears under the heading ‘‘Congression16 ally Directed Fossil Energy Projects’’ in the report of the 

17 Committee on Appropriations of the United States Senate 

18 to accompany this Act. 

19 NAVAL PETROLEUM AND OIL SHALE RESERVES

20 For expenses necessary to carry out naval petroleum 

21 and oil shale reserve activities, including the hire of pas22 senger motor vehicles, $23,627,000, to remain available 

23 until expended: Provided, That, notwithstanding any other 

24 provision of law, unobligated funds remaining from prior 


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

2 reserve activities. 

3 STRATEGIC PETROLEUM RESERVE

4 For necessary expenses for Strategic Petroleum Reserve 

5 facility development and operations and program manage6 ment activities pursuant to the Energy Policy and Con7 servation Act of 1975, as amended (42 U.S.C. 6201 et seq.), 

8 $259,073,000, to remain available until expended. 

9 NORTHEAST HOME HEATING OIL RESERVE

10 For necessary expenses for Northeast Home Heating 

11 Oil Reserve storage, operation, and management activities 

12 pursuant to the Energy Policy and Conservation Act, 

13 $11,300,000, to remain available until expended. 

14 ENERGY INFORMATION ADMINISTRATION

15 For necessary expenses in carrying out the activities 

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

17 to remain available until expended. 

18 NON-DEFENSE ENVIRONMENTAL CLEANUP

19 For Department of Energy expenses, including the 

20 purchase, construction, and acquisition of plant and cap21 ital equipment and other expenses necessary for non-defense 

22 environmental cleanup activities in carrying out the pur23 poses of the Department of Energy Organization Act (42 

24 U.S.C. 7101 et seq.), including the acquisition or con25 demnation of any real property or any facility or for plant 


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1 or facility acquisition, construction, or expansion, 

2 $259,829,000, 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 of title II of the Atom8 ic Energy Act of 1954, and title X, subtitle A, of the Energy 

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

10 Uranium Enrichment Decontamination and Decommis11 sioning Fund, to remain available until expended. 

12 SCIENCE

13 For Department of Energy expenses including the pur14 chase, construction and acquisition of plant and capital 

15 equipment, and other expenses necessary for science activi16 ties in carrying out the purposes of the Department of En17 ergy Organization Act (42 U.S.C. 7101 et seq.), including 

18 the acquisition or condemnation of any real property or 

19 facility or for plant or facility acquisition, construction, or 

20 expansion, and purchase of not to exceed 50 passenger 

21 motor vehicles for replacement only, including one law en22 forcement vehicle, two ambulances, and three buses, 

23 $4,898,832,000, to remain available until expended: Pro24 vided, That, of the amount appropriated in this paragraph, 

25 $41,150,000 shall be used for projects specified in the table 


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1 that appears under the heading ‘‘Congressionally Directed 

2 Science Projects’’ in the report of the Committee on Appro3 priations of the United States Senate to accompany this 

4 Act. 

5 NUCLEAR WASTE DISPOSAL

6 For nuclear waste disposal activities to carry out the 

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

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

9 remain available until expended, and to be derived from 

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

11 available in this Act for nuclear waste disposal and defense 

12 nuclear waste disposal activities, 2.54 percent shall be pro13 vided to the Office of the Attorney General of the State of 

14 Nevada solely for expenditures, other than salaries and ex15 penses of State employees, to conduct scientific oversight re16 sponsibilities and participate in licensing activities pursu17 ant to the NWPA: Provided further, That notwithstanding 

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

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

20 provided to Nye County, Nevada, for on-site oversight ac21 tivities under section 117(d) of the NWPA: Provided fur22 ther, That of the funds made available in this Act for nu23 clear waste disposal and defense nuclear waste disposal ac24 tivities, 4.57 percent shall be provided to affected units of 

25 local government, as defined in the NWPA, to conduct apVerDate Nov 24 2008 03:23 Jul 31, 2009 Jkt 079200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6203 E:\BILLS\H3183.PP H3183

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1 propriate activities and participate in licensing activities 

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

3 of the amounts provided to affected units of local govern4 ment, 7.5 percent of the funds provided for the affected units 

5 of local government shall be made available to affected units 

6 of local government in California with the balance made 

7 available to affected units of local government in Nevada 

8 for distribution as determined by the Nevada affected units 

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

10 made available in this Act for nuclear waste disposal and 

11 defense nuclear waste disposal activities, 0.25 percent shall 

12 be provided to the affected Federally-recognized Indian 

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

14 other than salaries and expenses of tribal employees, to con15 duct appropriate activities and participate in licensing ac16 tivities under section 118(b) of the NWPA: Provided further, 

17 That notwithstanding the provisions of chapters 65 and 75 

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

19 no monitoring, auditing or other oversight rights or respon20 sibilities over amounts provided to affected units of local 

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

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

23 the Attorney General by direct payment and to units of 

24 local government by direct payment: Provided further, That 

25 4.57 percent of the funds made available in this Act for 


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1 nuclear waste disposal and defense nuclear waste disposal 

2 activities shall be provided to Nye County, Nevada, as pay3 ment equal to taxes under section 116(c)(3) of the NWPA: 

4 Provided further, That within 90 days of the completion 

5 of each Federal fiscal year, the Office of the Attorney Gen6 eral of the State of Nevada, each affected Federally-recog7 nized Indian tribe, and each of the affected units of local 

8 government shall provide certification to the Department of 

9 Energy that all funds expended from such payments have 

10 been expended for activities authorized by the NWPA and 

11 this Act: Provided further, That failure to provide such cer12 tification shall cause such entity to be prohibited from any 

13 further funding provided for similar activities: Provided 

14 further, That none of the funds herein appropriated may 

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

16 action, except for normal and recognized executive-legisla17 tive communications, on any matter pending before Con18 gress or a State legislature or for lobbying activity as pro19 vided in 18 U.S.C. 1913; (2) used for litigation expenses; 

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

21 building activities inconsistent with the restrictions con22 tained in this Act: Provided further, That all proceeds and 

23 recoveries realized by the Secretary in carrying out activi24 ties authorized by the NWPA, including but not limited to, 

25 any proceeds from the sale of assets, shall be available withVerDate Nov 24 2008 03:23 Jul 31, 2009 Jkt 079200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6203 E:\BILLS\H3183.PP H3183

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1 out further appropriation and shall remain available until 

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

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

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

5 units of local government for oversight activities that had 

6 been previously approved by the Department of Energy, or 

7 to withhold payment of any such funds. 

8 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

9 PROGRAM

10 Such sums as are derived from amounts received from 

11 borrowers pursuant to section 1702(b)(2) of the Energy Pol12 icy Act of 2005 under this heading in prior Acts, shall be 

13 collected in accordance with section 502(7) of the Congres14 sional Budget Act of 1974: Provided,, That for necessary 

15 administrative expenses to carry out this Loan Guarantee 

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

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

18 fees collected pursuant to section 1702(h) of the Energy Pol19 icy Act of 2005 shall be credited as offsetting collections to 

20 this account to cover administrative expenses and shall re21 main available until expended, so as to result in a final 

22 fiscal year 2010 appropriations from the general fund esti23 mated at not more than $0: Provided further, That, in ad24 ministering amounts made available by prior Acts for 

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


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1 2005 (42 U.S.C. 16511 et seq.), the Secretary of Energy 

2 is required by that title to consider low-risk finance pro3 grams that substantially reduce or eliminate upfront costs 

4 for building owners to renovate or retrofit existing buildings 

5 to install energy efficiency or renewable energy technologies 

6 as eligible for loan guarantees authorized under sections 

7 1703 and 1705 of that Act (42 U.S.C. 16513, 16516). 

8 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

9 LOAN PROGRAM

10 For administrative expenses in carrying out the Ad11 vanced Technology Vehicles Manufacturing Loan Program, 

12 $20,000,000, to remain available until expended. 

13 DEPARTMENTAL ADMINISTRATION

14 (INCLUDING TRANSFER OF FUNDS)

15 For salaries and expenses of the Department of Energy 

16 necessary for Departmental Administration in carrying out 

17 the purposes of the Department of Energy Organization Act 

18 (42 U.S.C. 7101 et seq.), including the hire of passenger 

19 motor vehicles and official reception and representation ex20 penses not to exceed $293,684,000, to remain available until 

21 expended, plus such additional amounts as necessary to 

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

23 others notwithstanding the provisions of the Anti-Deficiency 

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

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


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1 or greater amount, to remain available until expended: Pro2 vided further, That moneys received by the Department for 

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

4 fiscal year 2010 may be retained and used for operating 

5 expenses within this account, and may remain available 

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

7 95–238, notwithstanding the provisions of 31 U.S.C. 3302: 

8 Provided further, That the sum herein appropriated shall 

9 be reduced by the amount of miscellaneous revenues received 

10 during 2010, and any related appropriated receipt account 

11 balances remaining from prior years’ miscellaneous reve12 nues, so as to result in a final fiscal year 2010 appropria13 tion from the general fund estimated at not more than 

14 $173,944,000. 

15 OFFICE OF THE INSPECTOR GENERAL

16 For necessary expenses of the Office of the Inspector 

17 General in carrying out the provisions of the Inspector Gen18 eral Act of 1978, as amended, $51,927,000, to remain avail19 able until expended. 

20 ATOMIC ENERGY DEFENSE ACTIVITIES 

21 NATIONAL NUCLEAR SECURITY ADMINISTRATION 

22 WEAPONS ACTIVITIES

23 For Department of Energy expenses, including the 

24 purchase, construction, and acquisition of plant and cap25 ital equipment and other incidental expenses necessary for 


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1 atomic energy defense weapons activities in carrying out 

2 the purposes of the Department of Energy Organization Act 

3 (42 U.S.C. 7101 et seq.), including the acquisition or con4 demnation of any real property or any facility or for plant 

5 or facility acquisition, construction, or expansion, the pur6 chase of not to exceed one ambulance; $6,468,267,000, to 

7 remain available until expended. 

8 DEFENSE NUCLEAR NONPROLIFERATION

9 For Department of Energy expenses, including the 

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

12 defense nuclear nonproliferation activities, in carrying out 

13 the purposes of the Department of Energy Organization Act 

14 (42 U.S.C. 7101 et seq.), including the acquisition or con15 demnation of any real property or any facility or for plant 

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

17 purchase of not to exceed one passenger motor vehicle for 

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

19 expended. 

20 NAVAL REACTORS

21 For Department of Energy expenses necessary for 

22 naval reactors activities to carry out the Department of En23 ergy Organization Act (42 U.S.C. 7101 et seq.), including 

24 the acquisition (by purchase, condemnation, construction, 

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1 ment, facilities, and facility expansion, $973,133,000, to re2 main available until expended. 

3 OFFICE OF THE ADMINISTRATOR

4 For necessary expenses of the Office of the Adminis5 trator in the National Nuclear Security Administration, in6 cluding official reception and representation expenses not 

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

8 expended. 

9 ENVIRONMENTAL AND OTHER DEFENSE 

10 ACTIVITIES 

11 DEFENSE ENVIRONMENTAL CLEANUP

12 (INCLUDING TRANSFER OF FUNDS)

13 For Department of Energy expenses, including the 

14 purchase, construction, and acquisition of plant and cap15 ital equipment and other expenses necessary for atomic en16 ergy defense environmental cleanup activities in carrying 

17 out the purposes of the Department of Energy Organization 

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

19 condemnation of any real property or any facility or for 

20 plant or facility acquisition, construction, or expansion, 

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

22 passenger motor vehicles for replacement only, 

23 $5,763,856,000, to remain available until expended, of 

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

25 Enrichment Decontamination and Decommissioning 


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

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

3 in the table that appears under the heading ‘‘Congression4 ally Directed Defense Environmental Cleanup Projects’’ in 

5 the report of the Committee on Appropriations of the United 

6 States Senate to accompany this Act. 

7 OTHER DEFENSE ACTIVITIES

8 For Department of Energy expenses, including the 

9 purchase, construction, and acquisition of plant and cap10 ital equipment and other expenses, necessary for atomic en11 ergy defense, other defense activities, and classified activi12 ties, in carrying out the purposes of the Department of En13 ergy Organization Act (42 U.S.C. 7101 et seq.), including 

14 the acquisition or condemnation of any real property or 

15 any facility or for plant or facility acquisition, construc16 tion, or expansion, and the purchase of not to exceed 12 

17 passenger motor vehicles for replacement only, 

18 $854,468,000, to remain available until expended: Pro19 vided, That of the amount appropriated in this paragraph, 

20 $2,000,000 shall be used for projects specified in the table 

21 that appears under the heading ‘‘Congressionally Directed 

22 Other Defense Activities Projects’’ in the report of the Com23 mittee on Appropriations of the United States Senate to 

24 accompany this Act. 


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1 DEFENSE NUCLEAR WASTE DISPOSAL

2 For nuclear waste disposal activities to carry out the 

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

4 acquisition of real property or facility construction or ex5 pansion, $98,400,000, to remain available until expended. 

6 POWER MARKETING ADMINISTRATIONS 

7 BONNEVILLE POWER ADMINISTRATION FUND

8 Expenditures from the Bonneville Power Administra9 tion Fund, established pursuant to Public Law 93–454, are 

10 approved for the Leaburg Fish Sorter, the Okanogan Basin 

11 Locally Adapted Steelhead Supplementation Program, and 

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

13 for official reception and representation expenses in an 

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

15 new direct loan obligations may be made. 

16 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

17 ADMINISTRATION

18 For necessary expenses of operation and maintenance 

19 of power transmission facilities and of marketing electric 

20 power and energy, including transmission wheeling and 

21 ancillary services pursuant to section 5 of the Flood Control 

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

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

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

25 5 of the Flood Control Act of 1944, up to $7,638,000 colVerDate Nov 24 2008 03:23 Jul 31, 2009 Jkt 079200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6203 E:\BILLS\H3183.PP H3183

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1 lected by the Southeastern Power Administration from the 

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

3 account as discretionary offsetting collections, to remain 

4 available until expended for the sole purpose of funding the 

5 annual expenses of the Southeastern Power Administration: 

6 Provided further, That the sum herein appropriated for an7 nual expenses shall be reduced as collections are received 

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

9 2010 appropriation estimated at not more than $0: Pro10 vided further, That, notwithstanding 31 U.S.C. 3302, up 

11 to $70,806,000 collected by the Southeastern Power Admin12 istration pursuant to the Flood Control Act of 1944 to re13 cover purchase power and wheeling expenses shall be cred14 ited to this account as offsetting collections, to remain avail15 able until expended for the sole purpose of making purchase 

16 power and wheeling expenditures: Provided further, That 

17 notwithstanding the provisions of 31 U.S.C. 3302 and sec18 tion 5 of the Flood Control Act of 1944, all funds collected 

19 by the Southeastern Power Administration that are appli20 cable to the repayment of the annual expenses of this ac21 count in this and subsequent fiscal years shall be credited 

22 to this account as discretionary offsetting collections for the 

23 sole purpose of funding such expenses, with such funds re24 maining available until expended: Provided further, That 

25 for purposes of this appropriation, annual expenses means 


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1 expenditures that are generally recovered in the same year 

2 that they are incurred (excluding purchase power and 

3 wheeling expenses). 

4 OPERATION AND MAINTENANCE, SOUTHWESTERN POWER

5 ADMINISTRATION

6 For necessary expenses of operation and maintenance 

7 of power transmission facilities and of marketing electric 

8 power and energy, for construction and acquisition of 

9 transmission lines, substations and appurtenant facilities, 

10 and for administrative expenses, including official recep11 tion and representation expenses in an amount not to ex12 ceed in carrying out section 5 of the Flood Control Act of 

13 1944 (16 U.S.C. 825s), as applied to the Southwestern 

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

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

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

17 U.S.C. 825s), up to $31,868,000 collected by the South18 western Power Administration from the sale of power and 

19 related services shall be credited to this account as discre20 tionary offsetting collections, to remain available until ex21 pended, for the sole purpose of funding the annual expenses 

22 of the Southwestern Power Administration: Provided fur23 ther, That the sum herein appropriated for annual expenses 

24 shall be reduced as collections are received during the fiscal 

25 year so as to result in a final fiscal year 2010 appropriaVerDate Nov 24 2008 03:23 Jul 31, 2009 Jkt 079200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6203 E:\BILLS\H3183.PP H3183

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1 tion estimated at not more than $13,076,000: Provided fur2 ther, That, notwithstanding 31 U.S.C. 3302, up to 

3 $38,000,000 collected by the Southwestern Power Adminis4 tration pursuant to the Flood Control Act of 1944 to recover 

5 purchase power and wheeling expenses shall be credited to 

6 this account as offsetting collections, to remain available 

7 until expended for the sole purpose of making purchase 

8 power and wheeling expenditures: Provided further, That 

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

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

11 Power Administration 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 CONSTRUCTION, REHABILITATION, OPERATION AND

21 MAINTENANCE, WESTERN AREA POWER ADMINISTRATION

22 For carrying out the functions authorized by title III, 

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

24 7152), and other related activities including conservation 

25 and renewable resources programs as authorized, including 


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1 official reception and representation expenses in an amount 

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

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

4 the Department of the Interior Reclamation Fund: Pro5 vided, That notwithstanding 31 U.S.C. 3302, section 5 of 

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

7 1 of the Interior Department Appropriation Act, 1939 (43 

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

9 Area Power Administration from the sale of power and re10 lated services shall be credited to this account as discre11 tionary offsetting collections, to remain available until ex12 pended, for the sole purpose of funding the annual expenses 

13 of the Western Area Power Administration: Provided fur14 ther, That the sum herein appropriated for annual expenses 

15 shall be reduced as collections are received during the fiscal 

16 year so as to result in a final fiscal year 2010 appropria17 tion estimated at not more than $109,181,000, of which 

18 $97,686,000 is derived from the Reclamation Fund: Pro19 vided further, That of the amount herein appropriated, 

20 $7,584,000 is for deposit into the Utah Reclamation Mitiga21 tion and Conservation Account pursuant to title IV of the 

22 Reclamation Projects Authorization and Adjustment Act of 

23 1992: Provided further, That notwithstanding 31 U.S.C. 

24 3302, up to $349,807,000 collected by the Western Area 

25 Power Administration pursuant to the Flood Control Act 


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1 of 1944 and the Reclamation Project Act of 1939 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 of the amount herein appropriated, up to $18,612,000 is 

7 provided on a nonreimbursable basis for environmental re8 mediation at the Basic Substation site in Henderson, Ne9 vada: Provided further, That notwithstanding 31 U.S.C. 

10 3302, section 5 of the Flood Control Act of 1944 (16 U.S.C. 

11 825s), and section 1 of the Interior Department Appropria12 tion Act, 1939 (43 U.S.C. 392a), funds collected by the 

13 Western Area Power Administration from the sale of power 

14 and related services that are applicable to the repayment 

15 of the annual expenses of this account in this and subse16 quent fiscal years shall be credited to this account as discre17 tionary offsetting collections for the sole purpose of funding 

18 such expenses, with such funds remaining available until 

19 expended: Provided further, That for purposes of this appro20 priation, annual expenses means expenditures that are gen21 erally recovered in the same year that they are incurred 

22 (excluding purchase power and wheeling expenses). 


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1 FALCON AND AMISTAD OPERATING AND MAINTENANCE

2 FUND

3 For operation, maintenance, and emergency costs for 

4 the hydroelectric facilities at the Falcon and Amistad 

5 Dams, $2,568,000, to remain available until expended, and 

6 to be derived from the Falcon and Amistad Operating and 

7 Maintenance Fund of the Western Area Power Administra8 tion, as provided in section 2 of the Act of June 18, 1954 

9 (68 Stat. 255) as amended: Provided, That notwithstanding 

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

11 $2,348,000 collected by the Western Area Power Adminis12 tration from the sale of power and related services from the 

13 Falcon and Amistad Dams shall be credited to this account 

14 as discretionary offsetting collections, to remain available 

15 until expended for the sole purpose of funding the annual 

16 expenses of the hydroelectric facilities of these Dams and 

17 associated Western Area Power Administration activities: 

18 Provided further, That the sum herein appropriated for an19 nual expenses shall be reduced as collections are received 

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

21 2010 appropriation estimated at not more than $220,000: 

22 Provided further, That notwithstanding the provisions of 

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

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

25 Western Area Power Administration from the sale of power 


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1 and related services from the Falcon and Amistad Dams 

2 that are applicable to the repayment of the annual expenses 

3 of the hydroelectric facilities of these Dams and associated 

4 Western Area Power Administration activities in this and 

5 subsequent fiscal years shall be credited to this account as 

6 discretionary offsetting collections for the sole purpose of 

7 funding such expenses, with such funds remaining available 

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

9 appropriation, annual expenses means expenditures that 

10 are generally recovered in the same year that they are in11 curred. 

12 FEDERAL ENERGY REGULATORY COMMISSION

13 SALARIES AND EXPENSES

14 For necessary expenses of the Federal Energy Regu15 latory Commission to carry out the provisions of the De16 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

18 the hire of passenger motor vehicles, and official reception 

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

20 $298,000,000, to remain available until expended: Pro21 vided, That notwithstanding any other provision of law, not 

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

23 charges, and other services and collections in fiscal year 

24 2010 shall be retained and used for necessary expenses in 

25 this account, and shall remain available until expended: 


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1 Provided further, That the sum herein appropriated from 

2 the general fund shall be reduced as revenues are received 

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

4 2010 appropriation from the general fund estimated at not 

5 more than $0. 

6 GENERAL PROVISIONS, DEPARTMENT OF 

7 ENERGY 

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

9 may be used to prepare or initiate Requests For Proposals 

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

11 by Congress. 

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

13 may be used— 

14 (1) to augment the funds made available for obli15 gation by this Act for severance payments and other 

16 benefits and community assistance grants under sec17 tion 4604 of the Atomic Energy Defense Act (50 

18 U.S.C. 2704) unless the Department of Energy sub19 mits a reprogramming request to the appropriate con20 gressional committees; or 

21 (2) to provide enhanced severance payments or 

22 other benefits for employees of the Department of En23 ergy under such section; or 


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1 (3) develop or implement a workforce restruc2 turing plan that covers employees of the Department 

3 of Energy. 

4 SEC. 303. The unexpended balances of prior appro5 priations provided for activities in this Act may be avail6 able to the same appropriation accounts for such activities 

7 established pursuant to this title. Available balances may 

8 be merged with funds in the applicable established accounts 

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

10 same time period as originally enacted. 

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

12 for the Administrator of the Bonneville Power Administra13 tion may be used to enter into any agreement to perform 

14 energy efficiency services outside the legally defined Bonne15 ville service territory, with the exception of services provided 

16 internationally, including services provided on a reimburs17 able basis, unless the Administrator certifies in advance 

18 that such services are not available from private sector busi19 nesses. 

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

21 user facility available to universities or other potential 

22 users, or seeks input from universities or other potential 

23 users regarding significant characteristics or equipment in 

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

25 shall ensure broad public notice of such availability or such 


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1 need for input to universities and other potential users. 

2 When the Department of Energy considers the participation 

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

4 in the establishment or operation of a user facility, the De5 partment shall employ full and open competition in select6 ing such a partner. For purposes of this section, the term 

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

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

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

10 Nuclear Security Administration Defense Programs Tech11 nology Deployment Center/User Facility; and (3) any other 

12 Departmental facility designated by the Department as a 

13 user facility. 

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

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

16 for intelligence activities are deemed to be specifically au17 thorized by the Congress for purposes of section 504 of the 

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

19 year 2010 until the enactment of the Intelligence Authoriza20 tion Act for fiscal year 2010. 

21 SEC. 307. Of the funds made available by the Depart22 ment of Energy for activities at Government-owned, con23 tractor-operated laboratories funded in this Act or subse24 quent Energy and Water Development Appropriations Acts, 

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1 ceed 8 percent of such funds, to be used by such laboratories 

2 for laboratory directed research and development: Provided, 

3 That the Secretary may also authorize a specific amount 

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

5 plant manager of a covered nuclear weapons production 

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

7 or site directed research and development. 

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

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

10 Department of Energy activities funded in this Act or sub11 sequent Energy and Water Development Appropriations 

12 Acts may hereafter be transferred between such appropria13 tions, but no such appropriation, except as otherwise pro14 vided, shall be increased or decreased by more than 5 per 

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

16 shall be submitted promptly to the Committees on Appro17 priations of the House and Senate. 

18 SEC. 309. (a) Subject to subsection (b), no funds ap19 propriated or otherwise made available by this Act or any 

20 other Act may be used to record transactions relating to 

21 the increase in borrowing authority or bonds outstanding 

22 at any time under the Federal Columbia River Trans23 mission System Act (16 U.S.C. 838 et seq.) referred to in 

24 section 401 of division A of the American Recovery and 

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


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

2 other than the Bonneville Power Administration Fund 

3 Treasury account fund symbol. 

4 (b) Funds appropriated or otherwise made available 

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

6 purposes of meeting any applicable reporting provisions of 

7 the American Recovery and Reinvestment Act of 2009 (Pub8 lic Law 111–5; 123 Stat. 115), that the Bonneville Power 

9 Administration uses a fund symbol other than the Bonne10 ville Power Administration Fund Treasury account fund 

11 symbol solely to report accrued expenditures of projects at12 tributed by the Administrator of the Bonneville Power Ad13 ministration to the increased borrowing authority. 

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

15 subsequent fiscal years. 

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

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

18 grant award, discretionary contract award, Other Trans19 action Agreement, or to issue a letter of intent totaling in 

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

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

22 the Federal Acquisition Regulation, unless the Secretary of 

23 Energy notifies the Committees on Appropriations of the 

24 Senate and the House of Representatives at least 3 full busi25 ness days in advance of making such an award or issuing 


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1 such a letter: Provided, That if the Secretary of the Depart2 ment of Energy determines that compliance with this sec3 tion would pose a substantial risk to human life, health, 

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

5 the Committees on Appropriations of the Senate and the 

6 House of Representatives shall be notified not later than 

7 5 full business days after such an award is made or letter 

8 issued. 

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

10 of Energy determines that additional funds are needed to 

11 reimburse the costs of defined benefit pension plans for con12 tractor employees, the Secretary may transfer not more 

13 than 1 percent from each appropriation made available in 

14 this and subsequent Energy and Water Development Appro15 priation Acts to any other appropriation available to the 

16 Secretary in the same Act for such reimbursements. 

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

18 benefit pension plans for contractor employees through 

19 charges for the indirect costs of research and activities at 

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

21 attributable to defined benefit pension plan costs in a fiscal 

22 year are more than charges in fiscal year 2008, the Sec23 retary shall carry out a transfer of funds under this section. 

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

25 Secretary shall use each appropriation made available to 


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1 the Department in that fiscal year as a source for the trans2 fer, and shall reduce each appropriation by an equal per3 centage, except that appropriations for which the Secretary 

4 determines there exists a need for additional funds for pen5 sion plan costs in that fiscal year, as well as appropriations 

6 made available for the Power Marketing Administrations, 

7 the title XVII loan guarantee program, and the Federal En8 ergy Regulatory Commission, shall not be subject to this 

9 requirement. 

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

11 Committees on Appropriations of the House of Representa12 tives and the Senate on the state of defined benefit pension 

13 plan liabilities in the Department for the preceding year. 

14 (e) This transfer authority does not apply to supple15 mental appropriations, and is in addition to any other 

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

17 authority provided under this section shall expire on Sep18 tember 30, 2015. 

19 AUTHORITY OF NUCLEAR REGULATORY COMMISSION

20 SEC. 312. The Nuclear Regulatory Commission may 

21 use funds made available for the necessary expenses of the 

22 Nuclear Regulatory Commission for the acquisition and 

23 lease of additional office space provided by the General 

24 Services Administration in accordance with the fourth and 

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


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1 AND EXPENSES’’ under the heading ‘‘NUCLEAR REGU2 LATORY COMMISSION’’ under the heading ‘‘INDE3 PENDENT AGENCIES’’ of title IV of division C of the 

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

5 123 Stat. 629). 

6 SEC. 313. None of the funds appropriated or otherwise 

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

8 of Energy to enter into any federal contract unless such con9 tract is entered into in accordance with the requirements 

10 of the Federal Property and Administrative Services Act 

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

12 States Code, and the Federal Acquisition Regulation, unless 

13 such contract is otherwise authorized by statute to be en14 tered into without regard to the above referenced statutes. 

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

16 none of the funds appropriated or otherwise made available 

17 by this title for the Strategic Petroleum Reserve may be 

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

19 this Act— 

20 (1) is selling refined petroleum products valued 

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

22 Iran; 

23 (2) is engaged in an activity valued at 

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1 ing the ability of the Islamic Republic of Iran to im2 port refined petroleum products, including— 

3 (A) providing ships or shipping services to 

4 deliver refined petroleum products to the Islamic 

5 Republic of Iran; 

6 (B) underwriting or otherwise providing in7 surance or reinsurance for such an activity; or 

8 (C) financing or brokering such an activity; 

9 or 

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

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

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

13 contribute to the maintenance or expansion of the ca14 pacity of the Islamic Republic of Iran to produce re15 fined petroleum products. 

16 (b) The prohibition on the use of funds under sub17 section (a) shall not apply with respect to any contract en18 tered into by the United States Government before the date 

19 of the enactment of this Act. 

20 (c) If the Secretary determines a person made ineli21 gible by this section has ceased the activities enumerated 

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

23 this section. 


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1 TITLE IV 

2 INDEPENDENT AGENCIES 

3 APPALACHIAN REGIONAL COMMISSION

4 For expenses necessary to carry out the programs au5 thorized by the Appalachian Regional Development Act of 

6 1965, as amended, for necessary expenses for the Federal 

7 Co-Chairman and the Alternate on the Appalachian Re8 gional Commission, for payment of the Federal share of the 

9 administrative expenses of the Commission, including serv10 ices as authorized by 5 U.S.C. 3109, and hire of passenger 

11 motor vehicles, $76,000,000, to remain available until ex12 pended: Provided, That any congressionally directed spend13 ing shall be taken from within that State’s allocation in 

14 the fiscal year in which it is provided. 

15 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

16 SALARIES AND EXPENSES

17 For necessary expenses of the Defense Nuclear Facili18 ties Safety Board in carrying out activities authorized by 

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

20 100–456, section 1441, $26,086,000, to remain available 

21 until expended. 

22 DELTA REGIONAL AUTHORITY

23 SALARIES AND EXPENSES

24 For necessary expenses of the Delta Regional Authority 

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


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1 Regional Authority Act of 2000, as amended, notwith2 standing sections 382C(b)(2), 382F(d), 382M, and 382N of 

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

4 DENALI COMMISSION

5 For expenses of the Denali Commission including the 

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

8 $11,965,000, to remain available until expended, notwith9 standing the limitations contained in section 306(g) of the 

10 Denali Commission Act of 1998. 

11 NUCLEAR REGULATORY COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Commission in carrying 

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

15 as amended, and the Atomic Energy Act of 1954, as amend16 ed, including official representation expenses (not to exceed 

17 $25,000), $1,061,000,000, to remain available until ex18 pended: Provided, That of the amount appropriated herein, 

19 $29,000,000 shall be derived from the Nuclear Waste Fund: 

20 Provided further, That revenues from licensing fees, inspec21 tion services, and other services and collections estimated 

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

23 used for necessary salaries and expenses in this account, 

24 notwithstanding 31 U.S.C. 3302, and shall remain avail25 able until expended: Provided further, That the sum herein 


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1 appropriated shall be reduced by the amount of revenues 

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

3 fiscal year 2010 appropriation estimated at not more than 

4 $158,598,000: Provided further, That of the amounts appro5 priated, $10,000,000 is provided to support university re6 search and development in areas relevant to their respective 

7 organization’s mission, and $5,000,000 is to support a Nu8 clear Science and Engineering Grant Program that will 

9 support multiyear projects that do not align with pro10 grammatic missions but are critical to maintaining the dis11 cipline of nuclear science and engineering. 

12 OFFICE OF INSPECTOR GENERAL

13 For necessary expenses of the Office of Inspector Gen14 eral in carrying out the provisions of the Inspector General 

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

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

17 inspection services, and other services and collections esti18 mated at $9,774,000 in fiscal year 2010 shall be retained 

19 and be available until expended, for necessary salaries and 

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

21 Provided further, That the sum herein appropriated shall 

22 be reduced by the amount of revenues received during fiscal 

23 year 2010 so as to result in a final fiscal year 2010 appro24 priation estimated at not more than $1,086,000. 


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1 NUCLEAR WASTE TECHNICAL REVIEW BOARD

2 SALARIES AND EXPENSES

3 For necessary expenses of the Nuclear Waste Technical 

4 Review Board, as authorized by Public Law 100–203, sec5 tion 5051, $3,891,000, to be derived from the Nuclear Waste 

6 Fund, and to remain available until expended. 

7 OFFICE OF THE FEDERAL COORDINATOR FOR ALASKA

8 NATURAL GAS TRANSPORTATION PROJECTS

9 For necessary expenses for the Office of the Federal Co10 ordinator for Alaska Natural Gas Transportation Projects 

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

12 $4,466,000 until expended: Provided, That any fees, 

13 charges, or commissions received pursuant to section 802 

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

15 $4,683,000 shall not be available for obligation until appro16 priated in a subsequent Act of Congress. 

17 GENERAL PROVISION

18 SEC. 401. Section 382B of the Delta Regional Author19 ity Act of 2000 is amended by deleting (c)(1) and inserting 

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

21 A decision by the Authority shall require the affirmative 

22 vote of the Federal cochairperson and a majority of the 

23 State members (not including any member representing a 

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

25 effective.’’. 


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1 TITLE V 

2 GENERAL PROVISIONS 

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

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

5 congressional action on any legislation or appropriation 

6 matters pending before Congress, other than to commu7 nicate to Members of Congress as described in 18 U.S.C. 

8 1913. 

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

10 Act may be transferred to any department, agency, or in11 strumentality of the United States Government, except pur12 suant to a transfer made by, or transfer authority provided 

13 in this Act or any other appropriation Act. 

14 SEC. 503. Title IV of division A of the American Re15 covery and Reinvestment Act of 2009 (Public Law 111–5) 

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

17 new section 411: 

18 ‘‘SEC. 411. Up to 0.5 percent of each amount appro19 priated to the Department of the Army and the Bureau of 

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

21 management and oversight of the programs, grants, and ac22 tivities funded by such appropriation, and may be trans23 ferred by the Head of the Federal Agency involved to any 

24 other appropriate account within the department for that 

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


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1 to the Committees on Appropriations of the House of Rep2 resentatives and the Senate 30 days prior to the transfer: 

3 Provided further, That funds set aside under this section 

4 shall remain available for obligation until September 30, 

5 2012.’’. 

6 AGENCY ADMINISTRATIVE EXPENSES

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

8 (1) ADMINISTRATIVE EXPENSES.—The term ‘‘ad9 ministrative expenses’’ has the meaning as determined 

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

11 (2) AGENCY.—The term ‘‘agency’’— 

12 (A) means an agency as defined under sec13 tion 1101 of title 31, United States Code, that is 

14 established in the executive branch; and 

15 (B) shall not include the District of Colum16 bia government. 

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

18 Director of the Office of Management and Budget. 

19 (b) ADMINISTRATIVE EXPENSES.— 

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

21 separate category for administrative expenses when 

22 submitting their appropriation requests to the Office 

23 of Management and Budget for fiscal year 2011 and 

24 each fiscal year thereafter. 


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1 (2) ADMINISTRATIVE EXPENSES DETERMINED.— 

2 In consultation with the agencies, the Director shall 

3 establish and revise as necessary a definition of ad4 ministration expenses for the purposes of this section. 

5 All questions regarding the definition of administra6 tive expenses shall be resolved by the Director. 

7 (c) BUDGET SUBMISSION.—Each budget of the United 

8 States Government submitted under section 1105 of title 31, 

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

10 year thereafter shall include the amount requested for each 

11 agency for administrative expenses. 

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

13 this Act and except as provided in subsection (b), any re14 port required to be submitted by a Federal agency or de15 partment to the Committee on Appropriations of either the 

16 Senate or the House of Representatives in an appropria17 tions Act shall be posted on the public Website of that Agen18 cy upon receipt by the committee. 

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

20 (1) the public posting of the report compromises 

21 national security; or 

22 (2) the report contains proprietary information. 


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

3 2010’’. 

Passed the House of Representatives July 17, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 

Passed the Senate July 29, 2009. 

Attest: NANCY ERICKSON, 

Secretary. 


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