H. R. 1105—90 
be deemed nonreimbursable for nontransferred works: Provided 
further, That the calculation of the non-Federal contribution shall 
provide for consideration of the value of any in-kind contributions, 
but shall not include funds received from other Federal agencies: 
Provided further, That the cost of operating and maintaining such 
improvements shall be the responsibility of the non-Federal entity: 
Provided further, That this section shall not supercede any existing 
project-specific funding authority: Provided further, That the Sec-
retary is also authorized to enter into grants or cooperative agree-
ments with universities or nonprofit research institutions to fund 
water use efficiency research. 
SEC. 206. (a) Section 209 of the Energy and Water Development 
Appropriations Act, 2004 (Public Law 108–137; 117 Stat. 1850) 
is repealed. 
(b) The Secretary of the Interior (referred to in this section 
as the ‘‘Secretary’’) shall establish and maintain an Executive Com-
mittee of the Middle Rio Grande Endangered Species Collaborative 
Program (referred to in this section as the ‘‘Executive Committee’’) 
consistent with the bylaws of the Middle Rio Grande Endangered 
Species Collaborative Program adopted on October 2, 2006. 
(c) Hereafter, in compliance with applicable Federal and State 
laws, the Secretary (acting through the Commissioner of Reclama-
tion), in collaboration with the Executive Committee, may enter 
into any grants, contracts, cooperative agreements, interagency 
agreements, or other agreements that the Secretary determines 
to be necessary to comply with the 2003 Biological Opinion described 
in section 205(b) of the Energy and Water Development Appropria-
tions Act, 2005 (Public Law 108–447; 118 Stat. 2949) as amended 
by section 121(b) of the Energy and Water Development Appropria-
tions Act, 2006 (Public Law 109–103; 119 Stat. 2256) or any related 
subsequent biological opinion or in furtherance of the objectives 
set forth in the collaborative program long-term plan. 
(d)(1) The acquisition of water under subsection (c) and any 
administrative costs associated with carrying out subsection (c) 
shall be at full Federal expense. 
(2) Not more than 15 percent of amounts appropriated to carry 
out subsection (c) shall be made available for the payment of 
administrative expenses associated with carrying out that sub-
section. 
(e)(1) The non-Federal share of activities carried out under 
subsection (c) (other than an activity or a cost described in sub-
section (d)(1)) shall be 25 percent. The non-Federal cost share 
shall be determined on a programmatic, rather than a project- 
by-project basis. 
(2) The non-Federal share required under paragraph (1) may 
be in the form of in-kind contributions, the value of which shall 
be determined by the Secretary in consultation with the executive 
committee. 
(f) Nothing in this section modifies or expands the discretion 
of the Secretary with respect to operating reservoir facilities under 
the jurisdiction of the Secretary in the Rio Grande Valley, New 
Mexico. 
SEC. 207. Section 208 of the Energy and Water Development 
and Related Agencies Appropriations Act, 2008 (Public Law 110– 
161; 121 Stat. 1953) is amended— 
(1) in subsection (a)—
H. R. 1105—91 
(A) in paragraph (2)(B), by inserting ‘‘, as determined 
by the nonprofit conservation organization’’ after ‘‘Lake’’; 
and 
(B) in paragraph (4), by striking ‘‘retirement of water 
rights’’ and all that follows through the semicolon at the 
end and inserting ‘‘retirement of water rights;’’; and 
(2) in subsection (b), by striking ‘‘June 30, 2010’’ and 
inserting ‘‘June 30, 2012’’. 
SEC. 208. Notwithstanding any other provision of law, of 
amounts made available under section 2507 of the Farm Security 
and Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public 
Law 107–171), the Secretary of the Interior acting through the 
Commissioner of Reclamation, shall allocate— 
(1) $300,000 to the Desert Research Institute for LIDAR 
acquisition data in the Walker River Basin, to supplement 
water rights research and data funded under section 208(a)(1) 
of the Energy and Water Development Appropriations Act, 
2006 (Public Law 109–103; 119 Stat. 2268); and 
(2) $300,000 to the Director of the United States Fish 
and Wildlife Service to conduct a multiyear assessment of and 
monitoring of the ability of west central Nevada lakes to support 
migratory loons, and identification of wintering areas and 
annual range of loons using Walker Lake during migration. 
TITLE III 
DEPARTMENT OF ENERGY 
ENERGY PROGRAMS 
ENERGY EFFICIENCY AND RENEWABLE ENERGY 
For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and 
other expenses necessary for energy efficiency and renewable energy 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition 
or condemnation of any real property or any facility or for plant 
or facility acquisition, construction, or expansion, and the purchase 
of not to exceed two passenger vehicles for replacement, 
$1,928,540,000, to remain available until expended: Provided, That, 
of the amount appropriated in this paragraph, $228,803,380 shall 
be used for projects specified in the table that appears under 
the heading ‘‘Congressionally Directed Energy Efficiency and 
Renewable Energy Projects’’ in the text and table under this heading 
in the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act). 
ELECTRICITY DELIVERY AND ENERGY RELIABILITY 
For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and 
other expenses necessary for electricity delivery and energy reli-
ability activities in carrying out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), including 
the acquisition or condemnation of any real property or any facility 
or for plant or facility acquisition, construction, or expansion, 
$137,000,000, to remain available until expended: Provided, That,
H. R. 1105—92 
of the amount appropriated in this paragraph, $19,648,475 shall 
be used for projects specified in the table that appears under 
the heading ‘‘Congressionally Directed Electricity Delivery and 
Energy Reliability Projects’’ in the text and table under this heading 
in the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act). 
NUCLEAR ENERGY 
(INCLUDING TRANSFER OF FUNDS) 
For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and 
other expenses necessary for nuclear energy activities in carrying 
out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation 
of any real property or any facility or for plant or facility acquisition, 
construction, or expansion, and the purchase of not to exceed 29 
passenger motor vehicles, including three new buses and 26 replace-
ment vehicles, including one ambulance, $792,000,000, to remain 
available until expended: Provided, That, of the amount appro-
priated in this paragraph, $2,854,500 shall be used for projects 
specified in the table that appears under the heading ‘‘Congression-
ally Directed Nuclear Energy Projects’’ in the text and table under 
this heading in the explanatory statement described in section 
4 (in the matter preceding division A of this consolidated Act). 
CLEAN COAL TECHNOLOGY 
(INCLUDING TRANSFER OF FUNDS) 
Of the funds made available under this heading for obligation 
in prior years, $149,000,000 of uncommitted balances are trans-
ferred to Fossil Energy Research and Development to be used 
until expended: Provided, That funds made available in previous 
appropriations Acts shall be made available for any ongoing project 
regardless of the separate request for proposal under which the 
project was selected. 
FOSSIL ENERGY RESEARCH AND DEVELOPMENT 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses in carrying out fossil energy research 
and development activities, under the authority of the Department 
of Energy Organization Act (Public Law 95–91), including the 
acquisition of interest, including defeasible and equitable interests 
in any real property or any facility or for plant or facility acquisition 
or expansion, and for conducting inquiries, technological investiga-
tions and research concerning the extraction, processing, use, and 
disposal of mineral substances without objectionable social and 
environmental costs (30 U.S.C. 3, 1602, and 1603), $876,320,000, 
to remain available until expended, of which $149,000,000 shall 
be derived by transfer from ‘‘Clean Coal Technology’’: Provided, 
That of the amounts provided, $288,174,000 is available for the 
Clean Coal Power Initiative Round III solicitation, pursuant to 
title IV of the Public Law 109–58: Provided further, That funds 
appropriated for prior solicitations under the Clean Coal Technology 
Program, Power Plant Improvement Initiative, Clean Coal Power
H. R. 1105—93 
Initiative, and FutureGen, but not required by the Department 
to meet its obligations on projects selected under such solicitations, 
may be utilized for the Clean Coal Power Initiative Round III 
solicitation under this Act in accordance with the requirements 
of this Act rather than the Acts under which the funds were 
appropriated: Provided further, That no Clean Coal Power Initiative 
project may be selected for which full funding is not available 
to provide for the total project: Provided further, That if a Clean 
Coal Power Initiative project selected after enactment of this legisla-
tion for negotiation under this or any other Act in any fiscal year, 
is not awarded within 2 years from the date the application was 
selected, negotiations shall cease and the Federal funds committed 
to the application shall be retained by the Department for future 
coal-related research, development and demonstration projects, 
except that the time limit may be extended at the Secretary’s 
discretion for matters outside the control of the applicant, or if 
the Secretary determines that extension of the time limit is in 
the public interest: Provided further, That the Secretary may not 
delegate 
this 
responsibility 
for 
applications 
greater 
than 
$10,000,000: Provided further, That financial assistance for costs 
in excess of those estimated as of the date of award of original 
Clean Coal Power Initiative financial assistance may not be pro-
vided in excess of the proportion of costs borne by the Government 
in the original agreement and shall be limited to 25 percent of 
the original financial assistance: Provided further, That funds shall 
be expended in accordance with the provisions governing the use 
of funds contained under the heading ‘‘Clean Coal Technology’’ 
in 42 U.S.C. 5903d as well as those contained under the heading 
‘‘Clean Coal Technology’’ in prior appropriations: Provided further, 
That any technology selected under these programs shall be consid-
ered a Clean Coal Technology, and any project selected under 
these programs shall be considered a Clean Coal Technology Project, 
for the purposes of 42 U.S.C. 7651n, and chapters 51, 52, and 
60 of title 40 of the Code of Federal Regulations: Provided further, 
That funds available for the Clean Coal Power Initiative Round 
III Funding Opportunity Announcement may be used to support 
any technology that meets the requirements of the Round III 
Announcement relating to carbon capture and storage or other 
beneficial uses of CO2, without regard to the 70 and 30 percent 
funding allocations specified in section 402(b)(1)(A) and 402(b)(2)(A) 
of Public Law 109–58: Provided further, That no part of the sum 
herein made available shall be used for the field testing of nuclear 
explosives in the recovery of oil and gas: Provided further, That, 
of the amount appropriated in this paragraph, $43,864,150 shall 
be used for projects specified in the table that appears under 
the heading ‘‘Congressionally Directed Fossil Energy Projects’’ in 
the text and table under this heading in the explanatory statement 
described in section 4 (in the matter preceding division A of this 
consolidated Act). 
NAVAL PETROLEUM AND OIL SHALE RESERVES 
For expenses necessary to carry out naval petroleum and oil 
shale reserve activities, including the hire of passenger motor 
vehicles, $19,099,000, to remain available until expended: Provided, 
That, notwithstanding any other provision of law, unobligated funds