H. R. 1105—102 
FEDERAL ENERGY REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Energy Regulatory 
Commission to carry out the provisions of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including services as 
authorized by 5 U.S.C. 3109, the hire of passenger motor vehicles, 
and official reception and representation expenses not to exceed 
$3,000, $273,400,000, to remain available until expended: Provided, 
That notwithstanding any other provision of law, not to exceed 
$273,400,000 of revenues from fees and annual charges, and other 
services and collections in fiscal year 2009 shall be retained and 
used for necessary expenses in this account, and shall remain 
available until expended: Provided further, That the sum herein 
appropriated from the general fund shall be reduced as revenues 
are received during fiscal year 2009 so as to result in a final 
fiscal year 2009 appropriation from the general fund estimated 
at not more than $0. 
GENERAL PROVISIONS—DEPARTMENT OF ENERGY 
SEC. 301. CONTRACT COMPETITION. (a) None of the funds in 
this or any other appropriations Act for fiscal year 2009 or any 
previous fiscal year may be used to make payments for a non-
competitive management and operating contract, or a contract for 
environmental remediation or waste management in excess of 
$100,000,000 in annual funding at a current or former management 
and operating contract site or facility, or to award a significant 
extension or expansion to an existing management and operating 
contract, or other contract covered by this section, unless such 
contract is awarded using competitive procedures or the Secretary 
of Energy grants, on a case-by-case basis, a waiver to allow for 
such a deviation. The Secretary may not delegate the authority 
to grant such a waiver. 
(b) Within 30 days of formally notifying an incumbent con-
tractor that the Secretary intends to grant such a waiver, the 
Secretary shall submit to the Subcommittees on Energy and Water 
Development of the Committees on Appropriations of the House 
of Representatives and the Senate a report notifying the Subcommit-
tees of the waiver and setting forth, in specificity, the substantive 
reasons why the Secretary believes the requirement for competition 
should be waived for this particular award. 
(c) In this section the term ‘‘competitive procedures’’ has the 
meaning provided in section 4 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403) and includes procedures described in 
section 303 of the Federal Property and Administrative Services 
Act of 1949 (41 U.S.C. 253) other than a procedure that solicits 
a proposal from only one source. 
SEC. 302. UNFUNDED REQUESTS FOR PROPOSALS. None of the 
funds appropriated by this Act may be used to prepare or initiate 
Requests For Proposals (RFPs) for a program if the program has 
not been funded by Congress. 
SEC. 303. DEPARTMENT OF ENERGY DEFENSE NUCLEAR FACILI-
TIES WORKFORCE RESTRUCTURING. None of the funds appropriated 
by this Act may be used— 
(1) to augment the funds made available for obligation 
by this Act for severance payments and other benefits and
H. R. 1105—103 
community assistance grants under section 4604 of the Atomic 
Energy Defense Act (50 U.S.C. 2704) unless the Department 
of Energy submits a reprogramming request to the appropriate 
congressional committees; or 
(2) to provide enhanced severance payments or other bene-
fits for employees of the Department of Energy under such 
section; or 
(3) develop or implement a workforce restructuring plan 
that covers employees of the Department of Energy. 
SEC. 304. UNEXPENDED BALANCES. The unexpended balances 
of prior appropriations provided for activities in this Act may be 
available to the same appropriation 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 SERVICE TERRITORY. 
None of the funds in this or any other Act for the Administrator 
of the Bonneville Power Administration may be used to enter into 
any agreement to perform 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. 
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 characteristics or equipment in a user facility 
or a proposed user facility, the Department shall ensure broad 
public notice of such availability or such need for input to univer-
sities and other potential users. When the Department of Energy 
considers the participation of a university or other potential user 
as a formal partner in the establishment or operation of a user 
facility, the Department shall employ full and open competition 
in selecting such a partner. For purposes 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 Administra-
tion Defense Programs Technology Deployment Center/User 
Facility; and (3) any other Departmental facility designated by 
the Department as a user facility. 
SEC. 307. INTELLIGENCE ACTIVITIES. Funds appropriated 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 enactment of the Intelligence Authorization Act 
for fiscal year 2009. 
SEC. 308. LABORATORY DIRECTED RESEARCH AND DEVELOPMENT. 
Of the funds made available by the Department of Energy for 
activities at government-owned, contractor-operated laboratories 
funded in this Act or subsequent 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 laboratories 
for laboratory directed research and development: 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
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a covered nuclear weapons production plant or the manager of 
the Nevada Site Office for plant or site directed research and 
development: Provided further, That notwithstanding Department 
of Energy order 413.2A, dated January 8, 2001, beginning in fiscal 
year 2006 and thereafter, all DOE laboratories 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 construction 
projects for which amounts are made available under this and 
subsequent appropriation Acts with a current estimated cost of 
less than $10,000,000 are considered 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 development potential on all lands 
currently managed by the Department of Energy together with 
a report, to be submitted 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 resources on 
such lands, (2) a delineation of the resources presently available 
for development as well as those potentially available in the future, 
and (3) an analysis of the environmental impacts associated with 
any future development including actions necessary to mitigate 
negative impacts. 
SEC. 312. RENO HYDROGEN FUEL PROJECT. (a) The non-Federal 
share of project costs shall be 20 percent. 
(b) The cost of project vehicles, related facilities, and other 
activities funded from the Federal Transit Administration sections 
5307, 5308, 5309, and 5314 program, including the non-Federal 
share for the FTA funds, is an eligible component of the non- 
Federal share for this project. 
(c) Contribution of the non-Federal share of project costs for 
all grants made for this project may be deferred until the entire 
project is completed. 
(d) All operations and maintenance costs associated with 
vehicles, equipment, and facilities utilized for this project are 
eligible project costs. 
(e) This section applies to project appropriations beginning 
in fiscal year 2004. 
SEC. 313. INTEGRATED UNIVERSITY PROGRAM. (a) The Secretary 
of Energy, along with the Administrator of the National Nuclear 
Security Administration and the Chairman of the Nuclear Regu-
latory Commission, shall establish an Integrated University Pro-
gram. 
(b) For the purposes of carrying out this section, $45,000,000 
is authorized to be appropriated in each of fiscal years 2009 to 
2019 as follows: 
(1) $15,000,000 for the Department of Energy; 
(2) $15,000,000 for the Nuclear Regulatory Commission; 
and