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(2) to provide enhanced severance payments or 
other benefits for employees of the Department of 
Energy under such section; or 
(3) develop or implement a workforce restruc-
turing plan that covers employees of the Department 
of Energy. 
SEC. 304. UNEXPENDED BALANCES. The unex-
pended balances of prior appropriations provided for ac-
tivities in this Act may be available to the same appropria-
tion accounts for such activities established pursuant to 
this title. Available balances may be merged with funds 
in the applicable established accounts and thereafter may 
be accounted for as one fund for the same time period 
as originally enacted. 
SEC. 305. BONNEVILLE POWER AUTHORITY SERV-
ICE TERRITORY. None of the funds in this or any other 
Act for the Administrator of the Bonneville Power Admin-
istration may be used to enter into any agreement to per-
form energy efficiency services outside the legally defined 
Bonneville service territory, with the exception of services 
provided internationally, including services provided on a 
reimbursable basis, unless the Administrator certifies in 
advance that such services are not available from private 
sector businesses. 
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SEC. 306. USER FACILITIES. When the Department 
of Energy makes a user facility available to universities 
or other potential users, or seeks input from universities 
or other potential users regarding significant characteris-
tics or equipment in a user facility or a proposed user fa-
cility, the Department shall ensure broad public notice of 
such availability or such need for input to universities and 
other potential users. When the Department of Energy 
considers the participation of a university or other poten-
tial user as a formal partner in the establishment or oper-
ation of a user facility, the Department shall employ full 
and open competition in selecting such a partner. For pur-
poses of this section, the term ‘‘user facility’’ includes, but 
is not limited to: (1) a user facility as described in section 
2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 
13503(a)(2)); (2) a National Nuclear Security Adminis-
tration Defense Programs Technology Deployment Cen-
ter/User Facility; and (3) any other Departmental facility 
designated by the Department as a user facility. 
SEC. 307. INTELLIGENCE ACTIVITIES. Funds appro-
priated by this or any other Act, or made available by the 
transfer of funds in this Act, for intelligence activities are 
deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 
1947 (50 U.S.C. 414) during fiscal year 2009 until the 
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enactment of the Intelligence Authorization Act for fiscal 
year 2009. 
SEC. 308. LABORATORY DIRECTED RESEARCH AND 
DEVELOPMENT. Of the funds made available by the De-
partment of Energy for activities at government-owned, 
contractor-operated laboratories funded in this Act or sub-
sequent Energy and Water Development Appropriations 
Acts, the Secretary may authorize a specific amount, not 
to exceed 8 percent of such funds, to be used by such lab-
oratories for laboratory directed research and develop-
ment: Provided, That the Secretary may also authorize a 
specific amount not to exceed 4 percent of such funds, 
to be used by the plant manager of a covered nuclear 
weapons production plant or the manager of the Nevada 
Site Office for plant or site directed research and develop-
ment: Provided further, That notwithstanding Department 
of Energy order 413.2A, dated January 8, 2001, begin-
ning in fiscal year 2006 and thereafter, all DOE labora-
tories may be eligible for laboratory directed research and 
development funding. 
SEC. 309. RELIABLE
REPLACEMENT
WARHEAD. 
None of the funds provided in this Act shall be available 
for the Reliable Replacement Warhead (RRW). 
SEC. 310. GENERAL PLANT PROJECTS. Plant or con-
struction projects for which amounts are made available 
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under this and subsequent appropriation Acts with a cur-
rent estimated cost of less than $10,000,000 are consid-
ered for purposes of section 4703 of Public Law 107–314 
as a plant project for which the approved total estimated 
cost does not exceed the minor construction threshold and 
for purposes of section 4704 of Public Law 107–314 as 
a construction project with a current estimated cost of less 
than a minor construction threshold. 
SEC. 311. ENERGY PRODUCTION. The Secretary of 
Energy shall provide funding to the National Academy of 
Sciences to conduct an inventory of the energy develop-
ment potential on all lands currently managed by the De-
partment of Energy together with a report, to be sub-
mitted not later than July 1, 2009, which includes (1) a 
detailed analysis of all such resources including oil, gas, 
coal, solar, wind, geothermal and other renewable re-
sources on such lands, (2) a delineation of the resources 
presently available for development as well as those poten-
tially available in the future, and (3) an analysis of the 
environmental impacts associated with any future develop-
ment including actions necessary to mitigate negative im-
pacts. 
SEC. 312. RENO HYDROGEN FUEL PROJECT. (a) The 
non-Federal share of project costs shall be 20 percent. 
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