II 

Calendar No. 116 

111TH CONGRESS 

1ST SESSION H. R. 3183 

IN THE SENATE OF THE UNITED STATES 

JULY 20, 2009 

Received; read twice and placed on the calendar 

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, 


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1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for en3 ergy and water development and related agencies for the 

4 fiscal year ending September 30, 2010, and for other pur5 poses, namely: 

6 TITLE I—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 

14 protection, aquatic ecosystem restoration, and related ef15 forts. 

16 INVESTIGATIONS

17 For expenses necessary when authorized by law for 

18 the collection and study of basic information pertaining 

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

20 shore protection, aquatic ecosystem restoration, and re21 lated needs; for surveys and detailed studies and plans and 

22 specifications of proposed river and harbor, flood and 

23 storm damage reduction, shore protection, and aquatic 

24 ecosystem restoration projects and related efforts prior to 

25 construction; for restudy of authorized projects; and for 


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1 miscellaneous investigations and, when authorized by law, 

2 surveys and detailed studies and plans and specifications 

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

4 available until expended: Provided, That, except as pro5 vided in section 101, the amounts made available under 

6 this paragraph shall be expended as authorized by law for 

7 the projects and activities specified in the text and table 

8 under this heading in the report of the Committee on Ap9 propriations of the House of Representatives to accom10 pany this Act. 

11 CONSTRUCTION

12 (INCLUDING TRANSFERS OF FUNDS)

13 For expenses necessary for the construction of river 

14 and harbor, flood and storm damage reduction, shore pro15 tection, aquatic ecosystem restoration, and related 

16 projects authorized by law; for conducting detailed studies 

17 and plans and specifications of such projects (including 

18 those involving participation by States, local governments, 

19 or private groups) authorized or made eligible for selection 

20 by law (but such detailed studies and plans and specifica21 tions shall not constitute a commitment of the Govern22 ment to construction), $2,122,679,000 (increased by 

23 $14,000,000) (increased by $7,000,000), to remain avail24 able until expended; of which such sums as are necessary 

25 to cover the Federal share of construction costs for faciliVerDate Nov 24 2008 23:21 Jul 20, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3183.PCS H3183

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1 ties under the Dredged Material Disposal Facilities pro2 gram shall be derived from the Harbor Maintenance Trust 

3 Fund as authorized by the Water Resources Development 

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

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

6 construction, replacement, rehabilitation, and expansion of 

7 inland waterways projects shall be derived from the Inland 

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

9 funds appropriated under this heading in title I of division 

10 C of the Omnibus Appropriations Act, 2009 (Public Law 

11 111–8; 123 Stat. 601–609) is transferred to the Investiga12 tions account and, in addition to funds appropriated by 

13 this Act, applied toward the cost of carrying out the Seven 

14 Oaks Water Conservation Study, California: Provided fur15 ther, That, except as provided in section 101, the amounts 

16 made available under this paragraph shall be expended as 

17 authorized by law for the projects and activities specified 

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

19 the Committee on Appropriations of the House of Rep20 resentatives to accompany this Act. 

21 MISSISSIPPI RIVER AND TRIBUTARIES

22 For expenses necessary for flood damage reduction 

23 projects and related efforts in the Mississippi River allu24 vial valley below Cape Girardeau, Missouri, as authorized 

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


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

2 share of eligible operation and maintenance costs for in3 land harbors shall be derived from the Harbor Mainte4 nance Trust Fund: Provided, That, except as provided in 

5 section 101, the amounts made available under this para6 graph shall be expended as authorized by law for the 

7 projects and activities specified in the text and table under 

8 this heading in the report of the Committee on Appropria9 tions of the House of Representatives to accompany this 

10 Act. 

11 OPERATION AND MAINTENANCE

12 For expenses necessary for the operation, mainte13 nance, and care of existing river and harbor, flood and 

14 storm damage reduction, aquatic ecosystem restoration, 

15 and related projects authorized by law; providing security 

16 for infrastructure owned or operated by the Corps, includ17 ing administrative buildings and laboratories; maintaining 

18 harbor channels provided by a State, municipality, or 

19 other public agency that serve essential navigation needs 

20 of general commerce, when authorized by law; surveying 

21 and charting northern and northwestern lakes and con22 necting waters; clearing and straightening channels; and 

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

24 remain available until expended, of which such sums as 

25 are necessary to cover the Federal share of eligible operVerDate Nov 24 2008 23:21 Jul 20, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3183.PCS H3183

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1 ation and maintenance costs for coastal harbors and chan2 nels and for inland harbors shall be derived from the Har3 bor Maintenance Trust Fund; of which such sums as be4 come available from the special account for the Corps es5 tablished by the Land and Water Conservation Act of 

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

7 account for resource protection, research, interpretation, 

8 and maintenance activities related to resource protection 

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

10 of which such sums as become available from fees collected 

11 under section 217 of the Water Resources Development 

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

13 the cost of operation and maintenance of the dredged ma14 terial disposal facilities for which such fees have been col15 lected: Provided, That, except as provided in section 101, 

16 the amounts made available under this paragraph shall be 

17 expended as authorized by law for the projects and activi18 ties specified in the text and table under this heading in 

19 the report of the Committee on Appropriations of the 

20 House of Representatives to accompany this Act. 

21 REGULATORY PROGRAM

22 For expenses necessary for administration of laws 

23 pertaining to regulation of navigable waters and wetlands, 

24 $190,000,000 (increased by $1,800,000), to remain avail25 able until expended. 


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1 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

2 For expenses necessary to clean up contamination 

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

6 EXPENSES

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

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

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

15 $10,800,000) (reduced by $7,000,000), to remain avail16 able until expended, of which not more than $5,000 may 

17 be used for official reception and representation purposes 

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

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

20 available to fund the above activities: Provided further, 

21 That any unobligated balances from prior appropriation 

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

23 be used to fund the supervision and general administration 

24 of emergency operations, repairs, and other activities in 

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


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1 Provided further, That upon submission to the Congress 

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

3 Engineers shall transmit to Congress the annual congres4 sional budget justifications for fiscal year 2011: Provided 

5 further, That the amount herein appropriated shall be re6 duced by $100,000 per day for each day after initial sub7 mission of the President’s budget that the report has not 

8 been submitted to the Congress. 

9 OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL

10 WORKS)

11 For the Office of Assistant Secretary of the Army 

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

13 $6,000,000, to remain available until expended. 

14 ADMINISTRATIVE PROVISION

15 The Revolving Fund, Corps of Engineers, shall be 

16 available during the current fiscal year for purchase (not 

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

18 motor vehicles for the civil works program. 

19 GENERAL PROVISIONS, CORPS OF 

20 ENGINEERS—CIVIL 

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

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

23 for obligation or expenditure through a reprogramming of 

24 funds that— 


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

2 or activity; 

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

4 (3) increases funds or personnel for any pro5 gram, project, or activity for which funds are denied 

6 or restricted by this Act; 

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

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

9 Act; 

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

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

12 whichever is less; or 

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

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

15 whichever is less. 

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

17 or activity authorized under section 205 of the Flood Con18 trol Act of 1948, section 14 of the Flood Control Act of 

19 1946, section 208 of the Flood Control Act of 1954, sec20 tion 107 of the River and Harbor Act of 1960, section 

21 103 of the River and Harbor Act of 1962, section 111 

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

23 Water Resources Development Act of 1986, section 206 

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

25 the Water Resources Act of 1992. 


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1 (c) The Army Corps of Engineers shall submit re2 ports on a quarterly basis to the Committees on Appro3 priations of the House of Representatives and the Senate 

4 detailing all the funds reprogrammed between programs, 

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

6 quarterly report shall be submitted not later than 60 days 

7 after the date of enactment of this Act. 

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

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

10 for Energy and Water Development, shall be used to im11 plement any pending or future competitive sourcing ac12 tions under OMB Circular A–76 or High Performing Or13 ganizations for the Army Corps of Engineers. 

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

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

16 or modify any contract that commits funds beyond the 

17 amounts appropriated for that program, project, or activ18 ity that remain unobligated, except that such amounts 

19 may include any funds that have been made available 

20 through reprogramming pursuant to section 101. 

21 SEC. 104. INLAND WATERWAYS TRUST FUND.— 

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

23 funds available for Energy and Water Development, shall 

24 be used to award any continuing contract that commits 

25 additional funding from the Inland Waterways Trust 


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1 Fund unless or until such time that a long-term mecha2 nism to enhance revenues in the Fund sufficient to meet 

3 the cost-sharing authorized in the Water Resources Devel4 opment Act of 1986 (Public Law 99–662) is enacted. 

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

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

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

8 (33 U.S.C. 577), and modified by section 3101 of the 

9 Water Resources Development Act of 2007 (121 Stat. 

10 1133), is further modified to direct the Secretary to credit, 

11 in accordance with section 221 of the Flood Control Act 

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

13 share of the project the cost of planning, design, and con14 struction work carried out by the non-Federal interest for 

15 the project before the date of execution of a partnership 

16 agreement for the project. 

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

18 of title I of division B of the Miscellaneous Appropriations 

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

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

21 ‘‘$40,000,000’’ and inserting ‘‘$60,000,000’’. 

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

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

24 made available in this Act under the heading ‘‘Construc25 tion’’, to expedite acquisition of those properties located 


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

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

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

4 acquisition elements identified in Plan A of the Chief of 

5 Engineers, Town of Martin Nonstructural Project De6 tailed Project Report, Appendix T, Section 202 General 

7 Plan, dated March 2000. 

8 SEC. 108. WHITE RIVER MINIMUM FLOW, ARKAN9 SAS.—Section 132 of the Energy and Water Development 

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

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

12 Engineers’’ and inserting ‘‘Southwestern Power Ad13 ministration’’; 

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

15 following new paragraph: 

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

17 Southwestern Power Administration shall com18 pensate the licensee of Federal Energy Regulatory 

19 Commission Project No. 2221 pursuant to para20 graph (3) using receipts collected from the sale of 

21 Federal power and energy related services. Pursuant 

22 to paragraph (6), Southwestern Power Administra23 tion will begin collecting receipts in the Special Re24 ceipts and Disbursement account upon the date of 

25 enactment of this paragraph. Payment to the liVerDate Nov 24 2008 23:21 Jul 20, 2009 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3183.PCS H3183

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1 censee of Federal Energy Regulatory Commission 

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

3 receipts are collected in the Special Receipts and 

4 Disbursement Account to fully compensate the li5 censee, and in accordance with paragraph (2), such 

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

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

8 following new paragraph: 

9 ‘‘(6) The Southwestern Power Administration 

10 shall compensate the licensee of Federal Energy 

11 Regulatory Commission Project No. 2221 in annual 

12 payments of not less than $5,000,000, until the li13 censee of Federal Energy Regulatory Commission 

14 Project No. 2221 is fully compensated pursuant to 

15 paragraph (3). At the end of each fiscal year subse16 quent to implementation, any remaining balance to 

17 be paid to the licensee of Project No. 2221 shall ac18 crue interest at the 30-year U.S. Treasury bond rate 

19 in effect at the time of implementation of the White 

20 River Minimum Flows project.’’; 

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

22 following new paragraph: 

23 ‘‘(7) ESTABLISHMENT OF SPECIAL RECEIPT

24 AND DISBURSEMENT ACCOUNTS.—There is estab25 lished in the Treasury of the United States a special 


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1 receipt account and corresponding disbursement ac2 count to be made available to the Administrator of 

3 the Southwestern Power Administration to disburse 

4 pre-collected receipts from the sale of federal power 

5 and energy and related services. The accounts are 

6 authorized for the following uses: 

7 ‘‘(A) Collect and disburse receipts for pur8 chase power and wheeling expenses incurred by 

9 Southwestern Power Administration to pur10 chase replacement power and energy as a result 

11 of implementation of the White River Minimum 

12 Flows project. 

13 ‘‘(B) Collect and disburse receipts related 

14 to compensation of the licensee of Federal En15 ergy Regulatory Commission Project No. 2221. 

16 ‘‘(C) Said special receipt and disbursement 

17 account shall remain available for not more 

18 than 12 months after the date of full compensa19 tion of the licensee of Federal Energy Regu20 latory Commission Project No. 2221.’’; and 

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

22 following new paragraph: 

23 ‘‘(8) TIME OF IMPLEMENTATION.—For pur24 poses of paragraphs (3) and (4), ‘time of implemen25 tation’ shall mean the authorization of the special 


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1 receipt account and corresponding disbursement ac2 count described in paragraph (7).’’. 

3 TITLE II—DEPARTMENT OF THE INTERIOR 

4 CENTRAL UTAH PROJECT

5 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

6 For carrying out activities authorized by the Central 

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

8 available until expended, of which $1,500,000 shall be de9 posited into the Utah Reclamation Mitigation and Con10 servation Account for use by the Utah Reclamation Miti11 gation and Conservation Commission. In addition, for nec12 essary expenses incurred in carrying out related respon13 sibilities of the Secretary of the Interior, $1,704,000, to 

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

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

16 for administrative expenses. 

17 BUREAU OF RECLAMATION

18 The following appropriations shall be expended to 

19 execute authorized functions of the Bureau of Reclama20 tion: 

21 WATER AND RELATED RESOURCES

22 (INCLUDING TRANSFERS OF FUNDS)

23 For management, development, and restoration of 

24 water and related natural resources and for related activi25 ties, including the operation, maintenance, and rehabilitaVerDate Nov 24 2008 23:21 Jul 20, 2009 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H3183.PCS H3183

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1 tion of reclamation and other facilities, participation in 

2 fulfilling related Federal responsibilities to Native Ameri3 cans, and related grants to, and cooperative and other 

4 agreements with, State and local governments, federally 

5 recognized Indian tribes, and others, $910,247,000, to re6 main available until expended, of which $53,240,000 shall 

7 be available for transfer to the Upper Colorado River 

8 Basin Fund and $17,936,000 shall be available for trans9 fer to the Lower Colorado River Basin Development Fund; 

10 of which such amounts as may be necessary may be ad11 vanced to the Colorado River Dam Fund; of which not 

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

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

14 authorized by section 106 of Public Law 91–378 (16 

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

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

17 be increased or decreased within the overall appropriation 

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

19 amount appropriated, the amount for program activities 

20 that can be financed by the Reclamation Fund or the Bu21 reau of Reclamation special fee account established by sec22 tion 4(i) of the Land and Water Conservation Fund Act 

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

24 Fund or account: Provided further, That funds contributed 

25 under the Act of March 4, 1921 (43 U.S.C. 395) are availVerDate Nov 24 2008 23:21 Jul 20, 2009 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H3183.PCS H3183

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1 able until expended for the purposes for which contrib2 uted: Provided further, That funds advanced under the Act 

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

4 to this account and are available until expended for the 

5 same purposes as the sums appropriated under this head6 ing: Provided further, That funds available for expenditure 

7 for the Departmental Irrigation Drainage Program may 

8 be expended by the Bureau of Reclamation for site remedi9 ation on a nonreimbursable basis: Provided further, That 

10 $4,000,000 of the funds appropriated under this heading 

11 shall be deposited in the San Gabriel Basin Restoration 

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

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

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

15 available under this paragraph shall be expended as au16 thorized by law for the projects and activities specified in 

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

18 Committee on Appropriations of the House of Representa19 tives to accompany this Act: Provided further, That 

20 $5,000,000 of the funds appropriated under this heading 

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

22 implement the Bureau of Reclamation’s hydropower facili23 ties installations identified under section 1834 of the En24 ergy Policy Act of 2005. 


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1 CENTRAL VALLEY PROJECT RESTORATION FUND

2 For carrying out the programs, projects, plans, habi3 tat restoration, improvement, and acquisition provisions of 

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

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

6 Central Valley Project Restoration Fund pursuant to sec7 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 

8 102–575, to remain available until expended: Provided, 

9 That the Bureau of Reclamation is directed to assess and 

10 collect the full amount of the additional mitigation and 

11 restoration payments authorized by section 3407(d) of 

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

13 funds made available under this heading may be used for 

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

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

16 by a court adopted decree or order. 

17 CALIFORNIA BAY-DELTA RESTORATION

18 (INCLUDING TRANSFERS OF FUNDS)

19 For carrying out activities authorized by the Water 

20 Supply, Reliability, and Environmental Improvement Act, 

21 consistent with plans to be approved by the Secretary of 

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

23 remain available until expended, of which such amounts 

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

25 transferred to appropriate accounts of other participating 


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1 Federal agencies to carry out authorized purposes: Pro2 vided, That funds appropriated herein may be used for 

3 the Federal share of the costs of CALFED Program man4 agement: Provided further, That the use of any funds pro5 vided to the California Bay-Delta Authority for program6 wide management and oversight activities shall be subject 

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

8 further, That CALFED implementation shall be carried 

9 out in a balanced manner with clear performance meas10 ures demonstrating concurrent progress in achieving the 

11 goals and objectives of the Program. 

12 POLICY AND ADMINISTRATION

13 For necessary expenses of policy, administration, and 

14 related functions in the Office of the Commissioner, the 

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

16 of Reclamation, to remain available until expended, 

17 $61,200,000 (reduced by $10,000,000), to be derived from 

18 the Reclamation Fund and be nonreimbursable as pro19 vided in section 4(o) of the Act of December 5, 1924 (43 

20 U.S.C. 377): Provided, That no part of any other appro21 priation in this Act shall be available for activities or func22 tions budgeted as policy and administration expenses. 


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1 ADMINISTRATIVE PROVISION

2 Appropriations for the Bureau of Reclamation shall 

3 be available for the purchase of not more than seven pas4 senger motor vehicles, which are for replacement only. 

5 GENERAL PROVISIONS, DEPARTMENT OF THE 

6 INTERIOR 

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

8 None of the funds provided in title II for Water and Re9 lated Resources shall be available for obligation or expend10 iture through a reprogramming of funds that— 

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

12 or activity; 

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

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

15 activity for which funds have been denied or re16 stricted by this Act; 

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

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

19 Act; 

20 (5) transfers funds in excess of the following 

21 limits: 

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

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

24 available at the beginning of the fiscal year; or 


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

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

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

5 the Facilities Operation, Maintenance, and Rehabili6 tation category or the Resources Management and 

7 Development category to any program, project, or 

8 activity in the other category; or 

9 (7) transfers, when necessary to discharge legal 

10 obligations of the Bureau of Reclamation, more than 

11 $5,000,000 to provide adequate funds for settled 

12 contractor claims, increased contractor earnings due 

13 to accelerated rates of operations, and real estate de14 ficiency judgments. 

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

16 of funds within the Facilities Operation, Maintenance, and 

17 Rehabilitation category. 

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

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

20 project, or activity. 

21 (d) The Bureau of Reclamation shall submit reports 

22 on a quarterly basis to the Committees on Appropriations 

23 of the House of Representatives and the Senate detailing 

24 all the funds reprogrammed between programs, projects, 

25 activities, or categories of funding. The first quarterly reVerDate Nov 24 2008 23:21 Jul 20, 2009 Jkt 079200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H3183.PCS H3183

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1 port shall be submitted not later than 60 days after the 

2 date of enactment of this Act. 

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

4 appropriated or otherwise made available by this Act may 

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

6 interceptor drain for the San Luis Unit until development 

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

8 of a plan, which shall conform to the water quality stand9 ards of the State of California as approved by the Admin10 istrator of the Environmental Protection Agency, to mini11 mize any detrimental effect of the San Luis drainage wa12 ters. 

13 (b) The costs of the Kesterson Reservoir Cleanup 

14 Program and the costs of the San Joaquin Valley Drain15 age Program shall be classified by the Secretary of the 

16 Interior as reimbursable or nonreimbursable and collected 

17 until fully repaid pursuant to the ‘‘Cleanup Program-Al18 ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 

19 Repayment Plan’’ described in the report entitled ‘‘Repay20 ment Report, Kesterson Reservoir Cleanup Program and 

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

22 prepared by the Department of the Interior, Bureau of 

23 Reclamation. Any future obligations of funds by the 

24 United States relating to, or providing for, drainage serv25 ice or drainage studies for the San Luis Unit shall be fully 


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1 reimbursable by San Luis Unit beneficiaries of such serv2 ice or studies pursuant to Federal reclamation law. 

3 SEC. 203. CENTRAL VALLEY PROJECT.—Section 

4 3405(a)(1)(M) of Public Law 102–575 is amended— 

5 (1) by striking ‘‘countries’’ and inserting ‘‘coun6 ties’’; and 

7 (2) by inserting ‘‘a transfer between a San Joa8 quin River Exchange Contractor and a Friant Divi9 sion contractor, a transfer between a San Joaquin 

10 River Exchange Contractor and a south-of-Delta 

11 CVP agricultural water service contractor, and a 

12 transfer between a Friant Division contractor and a 

13 south-of-Delta CVP agricultural water service con14 tractor,’’ after ‘‘under California law,’’. 

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

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

17 & Wildlife Service, is directed to expeditiously revise, final18 ize, and implement the Draft Recovery Plan for the Giant 

19 Garter Snake (Thamnophis gigas). 

20 TITLE III—DEPARTMENT OF ENERGY 

21 ENERGY PROGRAMS 

22 ENERGY EFFICIENCY AND RENEWABLE ENERGY

23 For Department of Energy expenses including the 

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


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1 efficiency and renewable energy 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 $2,250,000,000 (increased by $45,000,000) (increased by 

7 $5,000,000) (increased by $10,000,000), to remain avail8 able until expended: Provided, That, of the amount appro9 priated in this paragraph, $500,000 shall be for research 

10 and development of novel hydrogen energy carriers that 

11 are liquid at standard temperature and pressure and store 

12 hydrogen in bound chemical states rather than as free 

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

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

15 paragraph, $500,000 shall be for development of a dem16 onstration plant for the production of biodiesel fuels from 

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

18 on existing cropland during off-season rotations and mini19 mize land use per unit of fuel energy produced, to be 

20 awarded under full and open competition: Provided fur21 ther, That, of the amount appropriated in this paragraph, 

22 $3,000,000 shall be for development of a parking canopy 

23 facility with solar photovoltaic roof panels for electricity 

24 generation to measure the viability of using photovoltaic 

25 technologies in locations where environmental and space 


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1 limitations render conventional power generation costly, to 

2 be awarded under full and open competition: Provided fur3 ther, That, of the amount appropriated in this paragraph, 

4 $153,560,000 shall be used for the projects specified in 

5 the table that appears under the heading ‘‘Congressionally 

6 Directed Energy Efficiency and Renewable Energy 

7 Projects’’ in the report of the Committee on Appropria8 tions of the House of Representatives to accompany this 

9 Act. 

10 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

11 For Department of Energy expenses including the 

12 purchase, construction, and acquisition of plant and cap13 ital equipment, and other expenses necessary for elec14 tricity delivery and energy reliability activities in carrying 

15 out the purposes of the Department of Energy Organiza16 tion Act (42 U.S.C. 7101 et seq.), including the acquisi17 tion or condemnation of any real property or any facility 

18 or for plant or facility acquisition, construction, or expan19 sion, $208,008,000 (reduced by $15,000,000), to remain 

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

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

22 for the projects specified in the table that appears under 

23 the heading ‘‘Congressionally Directed Electricity Delivery 

24 and Energy Reliability Projects’’ in the report of the ComVerDate Nov 24 2008 23:21 Jul 20, 2009 Jkt 079200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H3183.PCS H3183

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1 mittee on Appropriations of the House of Representatives 

2 to accompany this Act. 

3 NUCLEAR ENERGY

4 For Department of Energy expenses including the 

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

7 energy activities in carrying out the purposes of the De8 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

10 real property or any facility or for plant or facility acquisi11 tion, construction, or expansion, and the purchase of not 

12 more than 36 passenger motor vehicles, including one am13 bulance, all for replacement only, $812,000,000, to remain 

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

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

16 for the projects specified in the table that appears under 

17 the heading ‘‘Congressionally Directed Nuclear Energy 

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

20 Act. 

21 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

22 For necessary expenses in carrying out fossil energy 

23 research and development activities, under the authority 

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

25 7101 et seq.), including the acquisition of interest, includVerDate Nov 24 2008 23:21 Jul 20, 2009 Jkt 079200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H3183.PCS H3183

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1 ing defeasible and equitable interests in any real property 

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

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

7 and 1603), $617,565,000, to remain available until ex8 pended: Provided, That funds appropriated for prior solici9 tations under the Clean Coal Technology Program, Power 

10 Plant Improvement Initiative, Clean Coal Power Initiative, 

11 and FutureGen, but not required by the Department to 

12 meet its obligations on projects selected under such solici13 tations, may be utilized for the Clean Coal Power Initia14 tive, pursuant to title IV of Public Law 109–58, in accord15 ance with the requirements of this Act rather than the 

16 Acts under which the funds were appropriated: Provided 

17 further, That no Clean Coal Power Initiative project may 

18 be selected for which full funding is not available to pro19 vide for the total project: Provided further, That if a Clean 

20 Coal Power Initiative project, selected after enactment of 

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

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

23 date the application was selected, negotiations shall cease 

24 and the Federal funds committed to the application shall 

25 be retained by the Department for future coal-related reVerDate Nov 24 2008 23:21 Jul 20, 2009 Jkt 079200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H3183.PCS H3183

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1 search, development, and demonstration projects, except 

2 that the time limit may be extended at the Secretary’s dis3 cretion for matters outside the control of the applicant, 

4 or if the Secretary determines that extension of the time 

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

6 Secretary may not delegate this responsibility for applica7 tions greater than $10,000,000: Provided further, That fi8 nancial assistance for costs in excess of those estimated 

9 as of the date of award of original Clean Coal Power Ini10 tiative financial assistance may not be provided in excess 

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

12 original agreement and shall be limited to 25 percent of 

13 the original financial assistance: Provided further, That 

14 funds shall be expended in accordance with the provisions 

15 governing the use of funds contained under the heading 

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

17 U.S.C. 5903d): Provided further, That any technology se18 lected under these programs shall be considered a Clean 

19 Coal Technology, and any project selected under these 

20 programs shall be considered a Clean Coal Technology 

21 Project, for the purposes of 42 U.S.C. 7651n, and chap22 ters 51, 52, and 60 of title 40 of the Code of Federal 

23 Regulations: Provided further, That funds available for the 

24 Clean Coal Power Initiative may be used to support any 

25 technology relating to carbon capture and storage or beneVerDate Nov 24 2008 23:21 Jul 20, 2009 Jkt 079200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H3183.PCS H3183

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1 ficial uses of carbon dioxide, without regard to the 70 and 

2 30 percent funding allocations specified in section 

3 402(b)(1)(A) and (2)(A) of the Energy Policy Act of 2005 

4 (42 U.S.C. 15962(b)(1)(A) and (2)(A)): Provided further, 

5 That, of the amount appropriated in this paragraph, 

6 $750,000 shall be for development of technologies for inte7 gration into gasification systems for the low-cost produc8 tion of synthesis gas, to be awarded under full and open 

9 competition: Provided further, That, of the amount appro10 priated in this paragraph, $500,000 shall be for develop11 ment of fuel cell technologies for conversion of commer12 cially available fuels and biofuels into electricity, to be 

13 awarded under full and open competition: Provided fur14 ther, That, of the amount appropriated in this paragraph, 

15 $300,000 shall be for development of control technologies 

16 for increased performance in synthesis gas combustion ap17 plications, to be awarded under full and open competition: 

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

19 paragraph, $8,000,000 shall be used for the projects speci20 fied in the table that appears under the heading ‘‘Congres21 sionally Directed Fossil Energy Research and Develop22 ment Projects’’ in the report of the Committee on Appro23 priations of the House of Representatives to accompany 

24 this Act. 


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1 NAVAL PETROLEUM AND OIL SHALE RESERVES

2 For expenses necessary to carry out naval petroleum 

3 and oil shale reserve activities, including the hire of pas4 senger motor vehicles, $23,627,000, to remain available 

5 until expended: Provided, That, notwithstanding any other 

6 provision of law, unobligated funds remaining from prior 

7 years shall be available for all naval petroleum and oil 

8 shale reserve activities. 

9 STRATEGIC PETROLEUM RESERVE

10 For necessary expenses for Strategic Petroleum Re11 serve facility development and operations and program 

12 management activities pursuant to the Energy Policy and 

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

14 to remain available until expended. 

15 NORTHEAST HOME HEATING OIL RESERVE

16 For necessary expenses for Northeast Home Heating 

17 Oil Reserve storage, operation, and management activities 

18 pursuant to the Energy Policy and Conservation Act (42 

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

20 until expended. 

21 ENERGY INFORMATION ADMINISTRATION

22 For necessary expenses in carrying out the activities 

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

24 to remain available until expended. 


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1 NON-DEFENSE ENVIRONMENTAL CLEANUP

2 For Department of Energy expenses, including the 

3 purchase, construction, and acquisition of plant and cap4 ital equipment and other expenses necessary for non-de5 fense environmental cleanup activities in carrying out the 

6 purposes of the Department of Energy Organization Act 

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

9 or facility acquisition, construction, or expansion, 

10 $237,517,000, to remain available until expended. 

11 URANIUM ENRICHMENT DECONTAMINATION AND

12 DECOMMISSIONING FUND

13 For necessary expenses in carrying out uranium en14 richment facility decontamination and decommissioning, 

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

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

17 the Energy Policy Act of 1992, $559,377,000, to be de18 rived from the Uranium Enrichment Decontamination and 

19 Decommissioning Fund, to remain available until ex20 pended. 

21 SCIENCE

22 (INCLUDING TRANSFER OF FUNDS)

23 For Department of Energy expenses including the 

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


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HR 3183 PCS 

1 activities in carrying out the purposes of the Department 

2 of Energy Organization Act (42 U.S.C. 7101 et seq.), in3 cluding the acquisition or condemnation of any real prop4 erty or facility or for plant or facility acquisition, construc5 tion, or expansion, and purchase of not more than 50 pas6 senger motor vehicles for replacement only, including one 

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

8 $4,943,587,000, to remain available until expended: Pro9 vided, That $15,000,000 appropriated under this heading 

10 under prior appropriation Acts for the Advanced Research 

11 Projects Agency—Energy is hereby transferred to the 

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

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

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

15 specified in the table that appears under the heading 

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

17 of the Committee on Appropriations of the House of Rep18 resentatives to accompany this Act. 

19 NUCLEAR WASTE DISPOSAL

20 For nuclear waste disposal activities to carry out the 

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

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

23 property or facility construction or expansion, 

24 $98,400,000, to remain available until expended, and to 

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


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HR 3183 PCS 

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

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

3 Attorney General of the State of Nevada solely for expend4 itures, other than salaries and expenses of State employ5 ees, to conduct scientific oversight responsibilities and par6 ticipate in licensing activities pursuant to the NWPA: Pro7 vided further, That notwithstanding the lack of a written 

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

9 of the NWPA, $1,000,000 shall be provided to Nye Coun10 ty, Nevada, for on-site oversight activities under section 

11 117(d) of such Act: Provided further, That $9,000,000 

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

13 defined in the NWPA, to conduct appropriate activities 

14 and participate in licensing activities: Provided further, 

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

16 shall be made available to affected units of local govern17 ment in California with the balance made available to af18 fected units of local government in Nevada for distribution 

19 as determined by the Nevada units of local government: 

20 Provided further, That this funding shall be provided to 

21 affected units of local government, as defined in the 

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

23 to the Timbisha-Shoshone Tribe solely for expenditures, 

24 other than salaries and expenses of tribal employees, to 

25 conduct appropriate activities and participate in licensing 


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HR 3183 PCS 

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

2 further, That notwithstanding the provisions of chapters 

3 65 and 75 of title 31, United States Code, the Department 

4 shall have no monitoring, auditing, or other oversight 

5 rights or responsibilities over amounts provided to affected 

6 units of local government: Provided further, That the 

7 funds for the State of Nevada shall be made available sole8 ly to the Office of the Attorney General by direct payment 

9 and to units of local government by direct payment: Pro10 vided further, That within 90 days of the completion of 

11 each Federal fiscal year, the Office of the Attorney Gen12 eral of the State of Nevada and each of the affected units 

13 of local government shall provide certification to the De14 partment of Energy that all funds expended from such 

15 payments have been expended for activities authorized by 

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

17 to provide such certification shall cause such entity to be 

18 prohibited from any further funding provided for similar 

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

20 appropriated may be: (1) used directly or indirectly to in21 fluence legislative action, except for normal and recognized 

22 executive-legislative communications, on any matter pend23 ing before Congress or a State legislature or for lobbying 

24 activity as provided in 18 U.S.C. 1913; (2) used for litiga25 tion expenses; or (3) used to support multi-State efforts 


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HR 3183 PCS 

1 or other coalition building activities inconsistent with the 

2 restrictions contained in this Act: Provided further, That 

3 all proceeds and recoveries realized by the Secretary in 

4 carrying out activities authorized by the NWPA, including 

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

6 without further appropriation and shall remain available 

7 until expended: Provided further, That no funds provided 

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

9 repayment or collection of funds provided in any fiscal 

10 year to affected units of local government for oversight 

11 activities that had been previously approved by the De12 partment of Energy or to withhold payment of any such 

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

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

15 be provided to create a Blue Ribbon Commission to con16 sider all alternatives for nuclear waste disposal. 

17 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

18 PROGRAM

19 Such sums as are derived from amounts received 

20 from borrowers pursuant to section 1702(b)(2) of the En21 ergy Policy Act of 2005 under this heading in prior Acts 

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

23 Congressional Budget Act of 1974: Provided, That for 

24 necessary administrative expenses to carry out this Loan 

25 Guarantee program, $43,000,000 is appropriated, to reVerDate Nov 24 2008 23:21 Jul 20, 2009 Jkt 079200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H3183.PCS H3183

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1 main available until expended: Provided further, That 

2 $43,000,000 of the fees collected pursuant to section 

3 1702(h) of the Energy Policy Act of 2005 shall be credited 

4 as offsetting collections to this account to cover adminis5 trative expenses and shall remain available until expended, 

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

7 from the general fund estimated at not more than $0: Pro8 vided further, That fees collected under section 1702(h) 

9 in excess of the amount appropriated for administrative 

10 expenses shall not be available until appropriated. 

11 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

12 LOANS PROGRAM

13 For administrative expenses in carrying out the Ad14 vanced Technology Vehicles Manufacturing Loans Pro15 gram, $20,000,000, to remain available until expended. 

16 DEPARTMENTAL ADMINISTRATION

17 For salaries and expenses of the Department of En18 ergy necessary for departmental administration in car19 rying out the purposes of the Department of Energy Orga20 nization Act (42 U.S.C. 7101 et seq.), including the hire 

21 of passenger motor vehicles and official reception and rep22 resentation expenses not to exceed $30,000, $289,684,000 

23 (reduced by $30,000,000) (reduced by $5,000,000) (re24 duced by $10,000,000), to remain available until ex25 pended, plus such additional amounts as necessary to 


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HR 3183 PCS 

1 cover increases in the estimated amount of cost of work 

2 for others notwithstanding the provisions of the Anti-Defi3 ciency Act (31 U.S.C. 1511 et seq.): Provided, That such 

4 increases in cost of work are offset by revenue increases 

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

6 expended: Provided further, That moneys received by the 

7 Department for miscellaneous revenues estimated to total 

8 $119,740,000 in fiscal year 2010 may be retained and 

9 used for operating expenses within this account, and may 

10 remain available until expended, as authorized by section 

11 201 of Public Law 95–238, notwithstanding the provisions 

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

13 appropriated shall be reduced by the amount of miscella14 neous revenues received during 2010, and any related ap15 propriated receipt account balances remaining from prior 

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

17 fiscal year 2010 appropriation from the general fund esti18 mated at not more than $169,944,000 (reduced by 

19 $30,000,000) (reduced by $5,000,000) (reduced by 

20 $10,000,000). 

21 OFFICE OF THE INSPECTOR GENERAL

22 For necessary expenses of the Office of the Inspector 

23 General in carrying out the provisions of the Inspector 

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

25 until expended. 


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HR 3183 PCS 

1 ATOMIC ENERGY DEFENSE ACTIVITIES 

2 NATIONAL NUCLEAR SECURITY 

3 ADMINISTRATION 

4 WEAPONS ACTIVITIES

5 For Department of Energy expenses, including the 

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

8 atomic energy defense weapons activities in carrying out 

9 the purposes of the Department of Energy Organization 

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

11 condemnation of any real property or any facility or for 

12 plant or facility acquisition, construction, or expansion, 

13 and the purchase of not more than one ambulance; 

14 $6,320,000,000, to remain available until expended: Pro15 vided, That, of the amount appropriated in this para16 graph, $3,000,000 shall be used for the projects specified 

17 under the heading ‘‘Congressionally Directed Weapons Ac18 tivities Projects’’ in the report of the Committee on Appro19 priations of the House of Representatives to accompany 

20 this Act. 

21 DEFENSE NUCLEAR NONPROLIFERATION

22 For Department of Energy expenses, including the 

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

25 defense nuclear nonproliferation activities, in carrying out 


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HR 3183 PCS 

1 the purposes of the Department of Energy Organization 

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

3 condemnation of any real property or any facility or for 

4 plant or facility acquisition, construction, or expansion, 

5 and the purchase of not more than one passenger motor 

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

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

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

9 for the projects specified under the heading ‘‘Congression10 ally Directed Defense Nuclear Nonproliferation Projects’’ 

11 in the report of the Committee on Appropriations of the 

12 House of Representatives to accompany this Act. 

13 NAVAL REACTORS

14 For Department of Energy expenses necessary for 

15 naval reactors activities to carry out the Department of 

16 Energy Organization Act (42 U.S.C. 7101 et seq.), includ17 ing the acquisition (by purchase, condemnation, construc18 tion, or otherwise) of real property, plant, and capital 

19 equipment, facilities, and facility expansion, 

20 $1,003,133,000, to remain available until expended. 

21 OFFICE OF THE ADMINISTRATOR

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses of the Office of the Adminis24 trator in the National Nuclear Security Administration, 

25 including official reception and representation expenses 


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HR 3183 PCS 

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

2 until expended: Provided, That $10,000,000 previously ap3 propriated for cleanup efforts at Argonne National Lab 

4 shall be transferred to ‘‘Non-Defense Environmental 

5 Cleanup’’: Provided further, That, of the amount appro6 priated in this paragraph, $13,000,000 shall be used for 

7 the projects specified in the table that appears under the 

8 heading ‘‘Congressionally Directed Office of the Adminis9 trator (NNSA) Projects’’ in the report of the Committee 

10 on Appropriations of the House of Representatives to ac11 company this Act. 

12 ENVIRONMENTAL AND OTHER DEFENSE 

13 ACTIVITIES 

14 DEFENSE ENVIRONMENTAL CLEANUP

15 (INCLUDING TRANSFER OF FUNDS)

16 For Department of Energy expenses, including the 

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

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

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

25 and three passenger motor vehicles for replacement only, 


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HR 3183 PCS 

1 $5,381,842,000, to remain available until expended, of 

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

3 Enrichment Decontamination and Decommissioning 

4 Fund’’. 

5 OTHER DEFENSE ACTIVITIES

6 For Department of Energy expenses, including the 

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

9 energy defense, other defense activities, and classified ac10 tivities, in carrying out the purposes of the Department 

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

15 12 passenger motor vehicles for replacement only, 

16 $1,518,002,000 (reduced by $2,500,000), to remain avail17 able until expended: Provided, That, of the funds provided 

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

19 Oxide Fuel Fabrication Facility, Savannah River Site, 

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

21 Waste Solidification Building, Savannah River Site, South 

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

23 $7,000,000 for WSB operation: Provided further, That the 

24 Department of Energy shall adhere strictly to Department 

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


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HR 3183 PCS 

1 further, That, of the amount appropriated in this para2 graph, $2,000,000 shall be used for the projects specified 

3 in the table that appears under the heading ‘‘Congression4 ally Directed Other Defense Activities Projects’’ in the re5 port of the Committee on Appropriations of the House of 

6 Representatives to accompany this Act. 

7 DEFENSE NUCLEAR WASTE DISPOSAL

8 For nuclear waste disposal activities to carry out the 

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

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

11 or facility construction or expansion, $98,400,000, to re12 main available until expended. 

13 POWER MARKETING ADMINISTRATIONS 

14 BONNEVILLE POWER ADMINISTRATION FUND

15 Expenditures from the Bonneville Power Administra16 tion Fund, established pursuant to the Federal Columbia 

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

18 approved for the Leaburg Fish Sorter, the Okanogan 

19 Basin Locally Adapted Steelhead Supplementation Pro20 gram, and the Crystal Springs Hatchery Facilities, and, 

21 in addition, for official reception and representation ex22 penses in an amount not to exceed $1,500. During fiscal 

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

24 from such Fund. 


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HR 3183 PCS 

1 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

2 ADMINISTRATION

3 For necessary expenses of operation and maintenance 

4 of power transmission facilities and of marketing electric 

5 power and energy, including transmission wheeling and 

6 ancillary services pursuant to section 5 of the Flood Con7 trol Act of 1944 (16 U.S.C. 825s), as applied to the south8 eastern power area, $7,638,000, to remain available until 

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

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

11 825s), up to $7,638,000 collected by the Southeastern 

12 Power Administration from the sale of power and related 

13 services shall be credited to this account as discretionary 

14 offsetting collections, to remain available until expended 

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

16 Southeastern Power Administration: Provided further, 

17 That the sum herein appropriated for annual expenses 

18 shall be reduced as collections are received during the fis19 cal year so as to result in a final fiscal year 2010 appro20 priation estimated at not more than $0: Provided further, 

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

22 collected by the Southeastern Power Administration pur23 suant to the Flood Control Act of 1944 to recover pur24 chase power and wheeling expenses shall be credited to 

25 this account as offsetting collections, to remain available 


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HR 3183 PCS 

1 until expended for the sole purpose of making purchase 

2 power and wheeling expenditures: Provided further, That 

3 notwithstanding the provisions of 31 U.S.C. 3302 and sec4 tion 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), 

5 all funds collected by the Southeastern Power Administra6 tion that are applicable to the repayment of the annual 

7 expenses of this account in this and subsequent fiscal 

8 years shall be credited to this account as discretionary off9 setting collections for the sole purpose of funding such ex10 penses, with such funds remaining available until ex11 pended: Provided further, That for purposes of this appro12 priation, annual expenses means expenditures that are 

13 generally recovered in the same year that they are in14 curred (excluding purchase power and wheeling expenses). 

15 OPERATION AND MAINTENANCE, SOUTHWESTERN

16 POWER ADMINISTRATION

17 For necessary expenses of operation and maintenance 

18 of power transmission facilities and of marketing electric 

19 power and energy, for construction and acquisition of 

20 transmission lines, substations and appurtenant facilities, 

21 and for administrative expenses, including official recep22 tion and representation expenses in an amount not to ex23 ceed $1,500 in carrying out section 5 of the Flood Control 

24 Act of 1944 (16 U.S.C. 825s), as applied to the South25 western Power Administration, $44,944,000, to remain 


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1 available until expended: Provided, That notwithstanding 

2 31 U.S.C. 3302 and section 5 of the Flood Control Act 

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

4 by the Southwestern Power Administration from the sale 

5 of power and related services shall be credited to this ac6 count as discretionary offsetting collections, to remain 

7 available until expended, for the sole purpose of funding 

8 the annual expenses of the Southwestern Power Adminis9 tration: Provided further, That the sum herein appro10 priated for annual expenses shall be reduced as collections 

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

12 fiscal year 2010 appropriation estimated at not more than 

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

14 U.S.C. 3302, up to $38,000,000 collected by the South15 western Power Administration pursuant to the Flood Con16 trol Act of 1944 to recover purchase power and wheeling 

17 expenses shall be credited to this account as offsetting col18 lections, to remain available until expended for the sole 

19 purpose of making purchase power and wheeling expendi20 tures: Provided further, That notwithstanding 31 U.S.C. 

21 3302 and section 5 of the Flood Control Act of 1944 (16 

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

23 Power Administration that are applicable to the repay24 ment of the annual expenses of this account in this and 

25 subsequent fiscal years shall be credited to this account 


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1 as discretionary offsetting collections for the sole purpose 

2 of funding such expenses, with such funds remaining 

3 available until expended: Provided further, That for pur4 poses of this appropriation, annual expenses means ex5 penditures that are generally recovered in the same year 

6 that they are incurred (excluding purchase power and 

7 wheeling expenses). 

8 CONSTRUCTION, REHABILITATION, OPERATION AND

9 MAINTENANCE, WESTERN AREA POWER ADMINIS10 TRATION

11 For carrying out the functions authorized by title III, 

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

13 U.S.C. 7152), and other related activities including con14 servation and renewable resources programs as author15 ized, including official reception and representation ex16 penses in an amount not to exceed $1,500; $256,711,000, 

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

18 shall be derived from the Department of the Interior Rec19 lamation Fund: Provided, That notwithstanding 31 U.S.C. 

20 3302, section 5 of the Flood Control Act of 1944 (16 

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

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

23 $147,530,000 collected by the Western Area Power Ad24 ministration from the sale of power and related services 

25 shall be credited to this account as discretionary offsetting 


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HR 3183 PCS 

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

2 purpose of funding the annual expenses of the Western 

3 Area Power Administration: Provided further, That the 

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

6 as to result in a final fiscal year 2010 appropriation esti7 mated at not more than $109,181,000, of which 

8 $97,686,000 is derived from the Reclamation Fund: Pro9 vided further, That of the amount herein appropriated, 

10 $7,584,000 is for deposit into the Utah Reclamation Miti11 gation and Conservation Account pursuant to title IV of 

12 the Reclamation Projects Authorization and Adjustment 

13 Act of 1992: Provided further, That notwithstanding 31 

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

15 Area Power Administration pursuant to the Flood Control 

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

17 U.S.C. 485 et seq.) to recover purchase power and wheel18 ing expenses shall be credited to this account as offsetting 

19 collections, to remain available until expended for the sole 

20 purpose of making purchase power and wheeling expendi21 tures: Provided further, That of the amount herein appro22 priated, up to $18,612,000 is provided on a nonreimburs23 able basis for environmental remediation at the Basic Sub24 station site in Henderson, Nevada: Provided further, That 

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


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HR 3183 PCS 

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

2 the Interior Department Appropriation Act, 1939 (43 

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

4 Administration from the sale of power and related services 

5 that are applicable to the repayment of the annual ex6 penses of this account in this and subsequent fiscal years 

7 shall be credited to this account as discretionary offsetting 

8 collections for the sole purpose of funding such expenses, 

9 with such funds remaining available until expended: Pro10 vided further, That for purposes of this appropriation, an11 nual expenses means expenditures that are generally re12 covered in the same year that they are incurred (excluding 

13 purchase power and wheeling expenses). 

14 FALCON AND AMISTAD OPERATING AND MAINTENANCE

15 FUND

16 For operation, maintenance, and emergency costs for 

17 the hydroelectric facilities at the Falcon and Amistad 

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

19 and to be derived from the Falcon and Amistad Operating 

20 and Maintenance Fund of the Western Area Power Ad21 ministration, as provided in section 2 of the Act of June 

22 18, 1954 (43 U.S.C. 485g): Provided, That notwith23 standing the provisions of such Act and of 31 U.S.C. 

24 3302, up to $2,348,000 collected by the Western Area 

25 Power Administration from the sale of power and related 


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1 services from the Falcon and Amistad Dams shall be cred2 ited to this account as discretionary offsetting collections, 

3 to remain available until expended for the sole purpose 

4 of funding the annual expenses of the hydroelectric facili5 ties of these Dams and associated Western Area Power 

6 Administration activities: Provided further, That the sum 

7 herein appropriated for annual expenses shall be reduced 

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

9 result in a final fiscal year 2010 appropriation estimated 

10 at not more than $220,000: Provided further, That not11 withstanding the provisions of section 2 of the Act of June 

12 18, 1954 (43 U.S.C. 485g) and 31 U.S.C. 3302, all funds 

13 collected by the Western Area Power Administration from 

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

15 Amistad Dams that are applicable to the repayment of the 

16 annual expenses of the hydroelectric facilities of these 

17 Dams and associated Western Area Power Administration 

18 activities in this and subsequent fiscal years shall be cred19 ited to this account as discretionary offsetting collections 

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

21 funds remaining available until expended: Provided fur22 ther, That for purposes of this appropriation, annual ex23 penses means expenditures that are generally recovered in 

24 the same year that they are incurred. 


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1 FEDERAL ENERGY REGULATORY COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Energy Regu4 latory Commission to carry out the provisions of the De5 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

7 the hire of passenger motor vehicles, and official reception 

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

9 $298,000,000, to remain available until expended: Pro10 vided, That notwithstanding any other provision of law, 

11 not to exceed $298,000,000 of revenues from fees and an12 nual charges and other services and collections in fiscal 

13 year 2010 shall be retained and used for necessary ex14 penses in this account and shall remain available until ex15 pended: Provided further, That the sum herein appro16 priated from the general fund shall be reduced as revenues 

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

18 final fiscal year 2010 appropriation from the general fund 

19 estimated at not more than $0. 

20 GENERAL PROVISIONS, DEPARTMENT OF 

21 ENERGY 

22 SEC. 301. UNFUNDED REQUESTS FOR PRO23 POSALS.—None of the funds appropriated by this Act may 

24 be used to prepare or initiate Requests For Proposals 


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

2 by Congress. 

3 SEC. 302. DEPARTMENT OF ENERGY DEFENSE NU4 CLEAR FACILITIES WORKFORCE RESTRUCTURING.—None 

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

6 (1) to augment the funds made available for ob7 ligation by this Act for severance payments and 

8 other benefits and community assistance grants 

9 under section 4604 of the Atomic Energy Defense 

10 Act (50 U.S.C. 2704) unless the Department of En11 ergy submits a reprogramming request to the appro12 priate congressional committees; 

13 (2) to provide enhanced severance payments or 

14 other benefits for employees of the Department of 

15 Energy under such section; or 

16 (3) to develop or implement a workforce re17 structuring plan that covers employees of the De18 partment of Energy. 

19 SEC. 303. UNEXPENDED BALANCES.—The unex20 pended balances of prior appropriations provided for ac21 tivities in this Act may be available to the same appropria22 tion accounts for such activities established pursuant to 

23 this title. Available balances may be merged with funds 

24 in the applicable established accounts and thereafter may 


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

2 as originally enacted. 

3 SEC. 304. BONNEVILLE POWER AUTHORITY SERV4 ICE TERRITORY.—None of the funds in this or any other 

5 Act for the Administrator of the Bonneville Power Admin6 istration may be used to enter into any agreement to per7 form energy efficiency services outside the legally defined 

8 Bonneville service territory, with the exception of services 

9 provided internationally, including services provided on a 

10 reimbursable basis, unless the Administrator certifies in 

11 advance that such services are not available from private 

12 sector businesses. 

13 SEC. 305. USER FACILITIES.—(a) When the Depart14 ment of Energy makes a user facility available to univer15 sities or other potential users, or seeks input from univer16 sities or other potential users regarding significant charac17 teristics or equipment in a user facility or a proposed user 

18 facility, the Department shall ensure broad public notice 

19 of such availability or such need for input to universities 

20 and other potential users. 

21 (b) When the Department of Energy considers the 

22 participation of a university or other potential user as a 

23 formal partner in the establishment or operation of a user 

24 facility, the Department shall employ full and open com25 petition in selecting such a partner. 


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1 (c) For purposes of this section, the term ‘‘user facil2 ity’’ includes— 

3 (1) a user facility as described in section 

4 2203(a)(2) of the Energy Policy Act of 1992 (42 

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

6 (2) a National Nuclear Security Administration 

7 Defense Programs Technology Deployment Center/ 

8 User Facility; and 

9 (3) any other Departmental facility designated 

10 by the Department as a user facility. 

11 SEC. 306. INTELLIGENCE ACTIVITIES.—Funds ap12 propriated by this or any other Act, or made available by 

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

14 are deemed to be specifically authorized by the Congress 

15 for purposes of section 504 of the National Security Act 

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

17 enactment of the Intelligence Authorization Act for fiscal 

18 year 2010. 

19 SEC. 307. LABORATORY DIRECTED RESEARCH AND

20 DEVELOPMENT.—Of the funds made available by the De21 partment of Energy for activities at government-owned, 

22 contractor-operated laboratories funded in this Act, the 

23 Secretary may authorize a specific amount, not to exceed 

24 7 percent of such funds, to be used by such laboratories 

25 for laboratory directed research and development: ProVerDate Nov 24 2008 23:21 Jul 20, 2009 Jkt 079200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H3183.PCS H3183

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1 vided, That the Secretary may also authorize a specific 

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

3 by the plant manager of a covered nuclear weapons pro4 duction plant or the manager of the Nevada Site Office 

5 for plant or site directed research and development. 

6 SEC. 308. LIMITED TRANSFER AUTHORITY TO AD7 DRESS PENSION REQUIREMENTS.—(a) If the Secretary of 

8 Energy determines that additional funds are needed to re9 imburse the costs of defined benefit pension plans for con10 tractor employees, the Secretary may transfer not more 

11 than one percent from each appropriation made available 

12 in this Act to any other appropriation available to the Sec13 retary in the same Act for such reimbursements. 

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

15 Secretary shall use each appropriation made available to 

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

17 transfer and shall reduce each appropriation by an equal 

18 percentage, except that appropriations for which the Sec19 retary determines there exists a need for additional funds 

20 for pension plan costs in that fiscal year, as well as appro21 priations made available for Naval Petroleum and Oil 

22 Shale Reserves, Strategic Petroleum Reserve, Northeast 

23 Home Heating Oil Reserve, the Power Marketing Admin24 istrations, the Energy Information Administration, Ura25 nium Enrichment Decontamination and Decommissioning 


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1 Fund, Nuclear Waste Disposal, Defense Nuclear Waste 

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

3 be subject to this requirement. 

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

5 transfer authority provided in this or any other Act. 

6 (d) The Secretary shall notify the Committees on Ap7 propriations of the House of Representatives and the Sen8 ate in writing not less than 30 days in advance of each 

9 transfer authorized by this section. 

10 SEC. 309. CONGRESSIONAL NOTIFICATION REQUIRE11 MENT.—None of the funds made available by this Act may 

12 be used to make a grant allocation, discretionary grant 

13 award, discretionary contract award, or other transaction 

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

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

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

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

18 Acquisition Regulation, unless the Secretary of Energy no19 tifies the Committees on Appropriations of the House of 

20 Representatives and the Senate at least 3 full business 

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

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

23 Secretary of Energy determines that compliance with this 

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

25 or safety, an award may be made without such notificaVerDate Nov 24 2008 23:21 Jul 20, 2009 Jkt 079200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H3183.PCS H3183

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1 tion, and the Committees on Appropriations of the House 

2 of Representatives and the Senate shall be notified not 

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

4 award, or agreement is made or letter issued. 

5 SEC. 310. WAGE RATE REQUIREMENTS.—Section 

6 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) 

7 is amended by adding at the end the following new sub8 section: 

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

10 mechanics employed by contractors and subcontractors in 

11 the performance of construction work financed in whole 

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

13 paid wages at rates not less than those prevailing on 

14 projects of a character similar in the locality as deter15 mined by the Secretary of Labor in accordance with sub16 chapter IV of chapter 31 of title 40, United States Code. 

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

18 Secretary of Labor shall have the authority and functions 

19 set forth in Reorganization Plan Numbered 14 of 1950 

20 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 

21 40, United States Code.’’. 

22 SEC. 311. BONNEVILLE POWER ADMINISTRATION

23 FUND.—(a) Subject to subsection (b), no funds appro24 priated or otherwise made available by this Act or any 

25 other Act may be used to record transactions relating to 


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HR 3183 PCS 

1 the increase in borrowing authority or bonds outstanding 

2 at any time under the Federal Columbia River Trans3 mission System Act (16 U.S.C. 838 et seq.) referred to 

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

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

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

7 other than the Bonneville Power Administration Fund 

8 Treasury account fund symbol. 

9 (b) Funds appropriated or otherwise made available 

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

11 purposes of meeting applicable reporting provisions of the 

12 American Recovery and Reinvestment Act of 2009 (Public 

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

14 Administration uses a fund symbol other than the Bonne15 ville Power Administration Fund Treasury account fund 

16 symbol solely to report accrued expenditures of projects 

17 attributed by the Administrator of the Bonneville Power 

18 Administration to the increased borrowing authority. 

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

20 subsequent fiscal years. 

21 SEC. 312. ADVANCED TECHNOLOGY VEHICLES MAN22 UFACTURING LOANS PROGRAM.—(a) ULTRA EFFICIENT

23 VEHICLES.—Section 136 of the Energy Independence and 

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

25 (1) in subsection (a)— 


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HR 3183 PCS 

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

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

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

4 paragraph: 

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

6 ‘ultra efficient vehicle’ means a fully closed compart7 ment vehicle designed to carry at least 2 adult pas8 sengers that achieves— 

9 ‘‘(A) at least 75 miles per gallon while op10 erating on gasoline or diesel fuel; 

11 ‘‘(B) at least 75 miles per gallon equiva12 lent while operating as a hybrid electric-gasoline 

13 or electric-diesel vehicle; or 

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

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

16 (2) in subsection (b)— 

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

18 manufacturers,’’ after ‘‘automobile manufactur19 ers’’; 

20 (B) in paragraph (1)— 

21 (i) by striking ‘‘or’’ at the end of sub22 paragraph (A); 

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

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


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HR 3183 PCS 

1 (iii) by adding at the end the fol2 lowing new subparagraph: 

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

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

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

6 (3) in subsection (g), by inserting ‘‘or are uti7 lized primarily for the manufacture of ultra efficient 

8 vehicles’’ after ‘‘20 years’’; and 

9 (4) in subsection (h)(1)(B), by striking ‘‘auto10 mobiles’’ the first place it appears and inserting 

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

12 (b) RECONSIDERATION OF PRIOR APPLICATIONS.— 

13 The Secretary of Energy shall reconsider applications for 

14 assistance under section 136 of the Energy Independence 

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

16 (1) timely filed under that section before Janu17 ary 1, 2009; 

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

19 which the proposal related were not advanced tech20 nology vehicles; and 

21 (3) related to ultra efficient vehicles. 

22 TITLE IV—INDEPENDENT AGENCIES 

23 APPALACHIAN REGIONAL COMMISSION

24 For expenses necessary to carry out the programs au25 thorized by the Appalachian Regional Development Act of 


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1 1965, for necessary expenses for the Federal Co-Chairman 

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

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

7 Provided, That any congressionally directed spending shall 

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

9 year in which it is provided. 

10 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

11 SALARIES AND EXPENSES

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

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

15 1441 of Public Law 100–456, $26,086,000, to remain 

16 available until expended. 

17 DELTA REGIONAL AUTHORITY

18 SALARIES AND EXPENSES

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

21 Delta Regional Authority Act of 2000, notwithstanding 

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

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


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1 DENALI COMMISSION

2 For expenses of the Denali Commission, including the 

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

5 $11,965,000, to remain available until expended, notwith6 standing the limitations contained in section 306(g) of the 

7 Denali Commission Act of 1998. 

8 NORTHERN BORDER REGIONAL COMMISSION

9 For necessary expenses of the Northern Border Re10 gional Commission in carrying out activities authorized by 

11 40 U.S.C. 15303(1), $500,000 (increased by $2,500,000), 

12 to remain available until expended. 

13 SOUTHEAST CRESCENT REGIONAL COMMISSION

14 For necessary expenses of the Southeast Crescent Re15 gional Commission in carrying out activities authorized by 

16 40 U.S.C. 15303(1), $500,000, to remain available until 

17 expended. 

18 NUCLEAR REGULATORY COMMISSION

19 SALARIES AND EXPENSES

20 For necessary expenses of the Commission in car21 rying out the purposes of the Energy Reorganization Act 

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

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

24 $1,061,000,000, to remain available until expended: Pro25 vided, That of the amount appropriated herein, 


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HR 3183 PCS 

1 $56,000,000 shall be derived from the Nuclear Waste 

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

3 inspection services, and other services and collections esti4 mated at $878,102,000 in fiscal year 2010 shall be re5 tained and used for necessary salaries and expenses in this 

6 account, notwithstanding 31 U.S.C. 3302, and shall re7 main available until expended: Provided further, That the 

8 sum herein appropriated shall be reduced by the amount 

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

10 in a final fiscal year 2010 appropriation estimated at not 

11 more than $182,898,000. 

12 OFFICE OF INSPECTOR GENERAL

13 For necessary expenses of the Office of Inspector 

14 General in carrying out the provisions of the Inspector 

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

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

17 licensing fees, inspection services, and other services and 

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

19 shall be retained and be available until expended, for nec20 essary salaries and expenses in this account, notwith21 standing 31 U.S.C. 3302: Provided further, That the sum 

22 herein appropriated shall be reduced by the amount of rev23 enues received during fiscal year 2010 so as to result in 

24 a final fiscal year 2010 appropriation estimated at not 

25 more than $1,010,000. 


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1 NUCLEAR WASTE TECHNICAL REVIEW BOARD

2 SALARIES AND EXPENSES

3 For necessary expenses of the Nuclear Waste Tech4 nical Review Board, as authorized by section 5051 of Pub5 lic Law 100–203, $3,891,000, to be derived from the Nu6 clear Waste 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 

10 Coordinator for Alaska Natural Gas Transportation 

11 Projects pursuant to the Alaska Natural Gas Pipeline Act 

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

13 commissions received pursuant to section 802 of Public 

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

15 shall not be available for obligation until appropriated in 

16 a subsequent Act of Congress. 

17 GENERAL PROVISIONS, INDEPENDENT 

18 AGENCIES 

19 SEC. 401. NUCLEAR REGULATORY COMMISSION RE20 PORTING REQUIREMENT.—The Nuclear Regulatory Com21 mission shall, not later than 60 days after the date of en22 actment of this Act, provide a report to the Committees 

23 on Appropriations of the House of Representatives and the 

24 Senate identifying barriers to and its recommendations for 


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1 streamlining the issuance of a Combined Construction and 

2 Operating License for qualified new nuclear reactors. 

3 TITLE V—GENERAL PROVISIONS 

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

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

6 directly or indirectly, to influence congressional action on 

7 any legislation or appropriation matters pending before 

8 Congress, other than to communicate to Members of Con9 gress as described in 18 U.S.C. 1913. 

10 SEC. 502. DELTA REGIONAL AUTHORITY.—Section 

11 382B(c)(1) of the Consolidated Farm and Rural Develop12 ment Act (7 U.S.C. 2009aa-1) is amended to read as fol13 lows: 

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

15 shall require the affirmative vote of the Federal co16 chairperson and a majority of the State members 

17 (not including any member representing a State that 

18 is delinquent under subsection (g)(2)(C)) to be effec19 tive.’’. 

20 SEC. 503. LIGHT BULB RESTRICTION.—None of the 

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

22 light bulbs unless the light bulbs are ‘‘Energy Star’’ quali23 fied or have the ‘‘Federal Energy Management Program’’ 

24 designation. 


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

2 the funds made available in this Act may be used to pur3 chase passenger motor vehicles other than those manufac4 tured by Ford, General Motors, or Chrysler. 

5 This Act may be cited as the ‘‘Energy and Water De6 velopment and Related Agencies Appropriations Act, 

7 2010’’. 

Passed the House of Representatives July 17, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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Calendar No. 116 

111TH CONGRESS 

1ST SESSION H. R. 3183 

AN ACT 

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

JULY 20, 2009 

Received; read twice and placed on the calendar 


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