projects specified in the tables and activities specified in 
the text that appear under the heading ‘‘Central Valley 
Project Restoration Fund’’ of the report of the Committee 
on Appropriations of the House of Representatives to ac-
company this Act. 
CALIFORNIA BAY-DELTA RESTORATION 
(INCLUDING TRANSFER OF FUNDS) 
For carrying out activities authorized by the Water 
Supply, Reliability, and Environmental Improvement Act, 
consistent with plans to be approved by the Secretary of 
the Interior, $37,000,000, to remain available until ex-
pended, of which such amounts as may be necessary to 
carry out such activities may be transferred to appropriate 
accounts of other participating Federal agencies to carry 
out authorized purposes: Provided, That funds appro-
priated herein may be used for the Federal share of the 
costs of CALFED Program management: Provided fur-
ther, That the use of any funds provided to the California 
Bay-Delta Authority for program-wide management and 
oversight activities shall be subject to the approval of the 
Secretary of the Interior: Provided further, That CALFED 
implementation shall be carried out in a balanced manner 
with clear performance measures demonstrating concur-
rent progress in achieving the goals and objectives of the 
Program: Provided further, That the amounts made avail-
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able under this paragraph shall be expended as authorized 
in law for the projects specified in the tables and activities 
specified in the text that appear under the heading ‘‘Cali-
fornia Bay-Delta Restoration’’ of the report of the Com-
mittee on Appropriations of the House of Representatives 
to accompany this Act. 
POLICY AND ADMINISTRATION 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of policy, administration, and 
related functions in the Office of the Commissioner, the 
Denver office, and offices in the five regions of the Bureau 
of Reclamation, to remain available until expended, 
$54,400,000, to be derived from the Reclamation Fund 
and be nonreimbursable as provided in section 4 of the 
Act of December 5, 1924 (43 U.S.C. 377): Provided, That 
no part of any other appropriation in this Act shall be 
available for activities or functions budgeted as policy and 
administration expenses: Provided further, That, of the 
funds provided under this heading, $10,000,000 shall be 
transferred to ‘‘Water and Related Resources’’ upon the 
expiration of the 90-day period following the date of enact-
ment of this Act if during such period, the Secretary of 
the Interior has not submitted to the Committees on Ap-
propriations of the House of Representatives and the Sen-
ate the Bureau of Reclamation’s five-year budget plan. 
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ADMINISTRATIVE PROVISION 
Appropriations for the Bureau of Reclamation shall 
be available for purchase of not to exceed 7 passenger 
motor vehicles, which are for replacement only. 
GENERAL PROVISIONS, DEPARTMENT OF THE 
INTERIOR 
SEC. 201. (a) None of the funds appropriated or oth-
erwise made available by this Act may be used to deter-
mine the final point of discharge for the interceptor drain 
for the San Luis Unit until development by the Secretary 
of the Interior and the State of California of a plan, which 
shall conform to the water quality standards of the State 
of California as approved by the Administrator of the En-
vironmental Protection Agency, to minimize any detri-
mental effect of the San Luis drainage waters. 
(b) The costs of the Kesterson Reservoir Cleanup 
Program and the costs of the San Joaquin Valley Drain-
age Program shall be classified by the Secretary of the 
Interior as reimbursable or nonreimbursable and collected 
until fully repaid pursuant to the ‘‘Cleanup Program-Al-
ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 
Repayment Plan’’ described in the report entitled ‘‘Repay-
ment Report, Kesterson Reservoir Cleanup Program and 
San Joaquin Valley Drainage Program, February 1995’’, 
prepared by the Department of the Interior, Bureau of 
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Reclamation. Any future obligations of funds by the 
United States relating to, or providing for, drainage serv-
ice or drainage studies for the San Luis Unit shall be fully 
reimbursable by San Luis Unit beneficiaries of such serv-
ice or studies pursuant to Federal reclamation law. 
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 cap-
ital 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, $2,519,152,000, to remain available until 
expended, of which $150,000,000 is for the cost of direct 
loans, as authorized by subsection (d) of section 136 of 
the Energy Independence and Security Act of 2007 (42 
U.S.C. 17013): Provided, That commitments for direct 
loans shall not exceed $1,000,000,000 in total loan prin-
cipal: Provided further, That of the amount appropriated 
in this paragraph, $135,270,000, shall be used for the 
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projects specified in the table that appears under the head-
ing ‘‘Congressionally Directed Energy Efficiency and Re-
newable Energy Projects’’ in the report of the Committee 
on Appropriations of the House of Representatives to ac-
company this Act. 
ELECTRICITY DELIVERY AND ENERGY RELIABILITY 
For Department of Energy expenses including the 
purchase, construction, and acquisition of plant and cap-
ital equipment, and other expenses necessary for elec-
tricity delivery and energy reliability activities in carrying 
out the purposes of the Department of Energy Organiza-
tion Act (42 U.S.C. 7101 et seq.), including the acquisi-
tion or condemnation of any real property or any facility 
or for plant or facility acquisition, construction, or expan-
sion, $149,250,000, to remain available until expended: 
Provided, That of the amount appropriated in this para-
graph, $5,250,000 shall be used for the projects specified 
in the table that appears under the heading ‘‘Congression-
ally Directed Electricity Delivery and Energy Reliability 
Projects’’ in the report of the Committee on Appropria-
tions of the House of Representatives to accompany this 
Act. 
NUCLEAR ENERGY 
For Department of Energy expenses for nuclear en-
ergy activities managed and executed by the Office of Nu-
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clear Energy, including the purchase, construction, and 
acquisition of plant and capital equipment, and other ex-
penses necessary for nuclear energy activities in carrying 
out the purposes of the Department of Energy Organiza-
tion Act (42 U.S.C. 7101 et seq.), including the acquisi-
tion or condemnation of any real property or any facility 
or for plant or facility acquisition, construction, or expan-
sion, and the purchase of not to exceed 29 passenger 
motor vehicles, including three new buses and 26 replace-
ment vehicles, including one ambulance, $1,238,852,000, 
to remain available until expended: Provided, That 
$487,008,000 is authorized to be appropriated for Project 
99–D–143 Mixed Oxide (MOX) Fuel Fabrication Facility, 
Savannah River Site, South Carolina: Provided further, 
That the Department of Energy adhere strictly to Depart-
ment of Energy Order 413.3A for Project 99–D–143: Pro-
vided further, That the management and execution of 
Project 99–D–143 Mixed Oxide (MOX) Fuel Fabrication 
Facility, Savannah River Site, South Carolina, with 
amounts made available under this heading shall be car-
ried out by the Office of Nuclear Energy, and not by the 
National Nuclear Security Administration. 
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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, includ-
ing defeasible and equitable interests, in any real property 
or any facility or for plant or facility acquisition or expan-
sion, and for conducting inquiries, technological investiga-
tions, and research concerning the extraction, processing, 
use, and disposal of mineral substances without objection-
able social and environmental costs in accordance with the 
principles set forth in section 2 of the Act of May 16, 1910 
(30 U.S.C. 3), $853,978,000, to remain available until ex-
pended, of which $149,000,000 shall be derived by trans-
fer from ‘‘Clean Coal Technology’’: Provided, That of the 
amounts provided, $241,000,000 is available for the car-
bon capture demonstration solicitation, pursuant to title 
VII of the Energy Independence and Security Act of 2007: 
Provided further, That funds appropriated for prior solici-
tations under the Clean Coal Technology Program, the 
Power Plant Improvement Initiative, the Clean Coal 
Power Initiative, and FutureGen, but not required by the 
Department to meet its obligations on projects selected 
under such solicitations, may be utilized for the carbon 
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capture demonstration solicitation under this Act in ac-
cordance with the requirements of this Act rather than 
the Acts under which the funds were appropriated: Pro-
vided further, That no carbon capture demonstration 
project may be selected for which full funding is not avail-
able to provide for the total project: Provided further, That 
if a carbon capture demonstration application, selected 
after the date of enactment of this Act for negotiation 
under this or any other Act in any fiscal year, is not 
awarded within two 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, develop-
ment, 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 Sec-
retary determines that extension of the time limit is in 
the public interest: Provided further, That the Secretary 
may not delegate this responsibility for carbon capture 
demonstration applications greater than $10,000,000: 
Provided further, That financial assistance for costs in ex-
cess of those estimated as of the date of award of original 
carbon capture demonstration financial assistance may 
not be provided in excess of the proportion of costs borne 
by the Government in the original agreement and shall 
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be limited to 25 percent of the original financial assist-
ance: 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 
section 5903d of title 42, United States Code, as well as 
those contained under the heading ‘‘Clean Coal Tech-
nology’’ in prior appropriations Acts: Provided further, 
That any technology selected under the carbon capture 
demonstration solicitation shall be considered a Clean Coal 
Technology, and any carbon capture demonstration 
project selected under this program shall be considered a 
Clean Coal Technology Project, for the purposes of section 
7651n of title 42, United States Code, and chapters 51, 
52, and 60 of title 40 of the Code of Federal Regulations: 
Provided further, That, notwithstanding any other provi-
sion of law, at least 50 percent non-Federal cost-sharing 
shall be required in each budget period of a carbon capture 
demonstration project: 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 in this Act and future Acts, pro-
gram direction funds available to the National Energy 
Technology Laboratory shall only be used to support De-
partment of Energy activities included in this Fossil En-
ergy account: Provided further, That of the amount appro-
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priated in this paragraph $14,080,000 shall be used for 
the projects specified in the table that appears under the 
heading ‘‘Congressionally Directed Fossil Energy Re-
search and Development Projects’’ in the report of the 
Committee on Appropriations of the House of Representa-
tives to accompany this Act. 
NAVAL PETROLEUM AND OIL SHALE RESERVES 
For expenses necessary to carry out naval petroleum 
and oil shale reserve activities, including the hire of pas-
senger motor vehicles, $19,099,000, to remain available 
until expended: Provided, That, notwithstanding any other 
provisions of law, unobligated funds remaining from prior 
years shall be available for all naval petroleum and oil 
shale reserve activities. 
STRATEGIC PETROLEUM RESERVE 
For necessary expenses for Strategic Petroleum Re-
serve facility development and operations and program 
management activities pursuant to the Energy Policy and 
Conservation Act (42 U.S.C. 6201 et seq.), $172,600,000, 
to remain available until expended. 
NORTHEAST HOME HEATING OIL RESERVE 
For necessary expenses for Northeast Home Heating 
Oil Reserve storage, operation, and management activities 
pursuant to the Energy Policy and Conservation Act, 
$9,800,000, to remain available until expended. 
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ENERGY INFORMATION ADMINISTRATION 
For necessary expenses in carrying out the activities 
of the Energy Information Administration, $120,595,000, 
to remain available until expended. 
NON-DEFENSE ENVIRONMENTAL CLEANUP 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other expenses necessary for non-de-
fense environmental cleanup activities in carrying out the 
purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or con-
demnation of any real property or any facility or for plant 
or facility acquisition, construction, or expansion, 
$257,019,000, to remain available until expended: Pro-
vided, That of the amounts provided, $5,000,000 is avail-
able for necessary expenses for the purpose of carrying 
out remedial actions under this title at real property in 
the vicinity of the Tuba City processing site designated 
in section 102(a)(1), of the Uranium Mill Tailings Radi-
ation Control Act of 1978 (Public Law 95–604; 42 U.S.C. 
7901 et seq.), notwithstanding section 112 of that Act, 
at a dump site immediately adjacent to the north-north-
west section of the Tuba City processing site, and on the 
north side of Highway 160: Provided further, That of the 
amount appropriated in this paragraph, $2,000,000 shall 
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be used for the projects specified in the table that appears 
under the heading ‘‘Congressionally Directed Non-Defense 
Environmental Cleanup Projects’’ in the report of the 
Committee on Appropriations of the House of Representa-
tives to accompany this Act. 
URANIUM ENRICHMENT DECONTAMINATION AND 
DECOMMISSIONING FUND 
For necessary expenses in carrying out uranium en-
richment facility decontamination and decommissioning, 
remedial actions, and other activities of title II of the 
Atomic Energy Act of 1954, and title X, subtitle A, of 
the Energy Policy Act of 1992, $529,273,000, to be de-
rived from the Uranium Enrichment Decontamination and 
Decommissioning Fund, to remain available until ex-
pended, of which $15,000,000 shall be available in accord-
ance with title X, subtitle A, of the Energy Policy Act 
of 1992. 
SCIENCE 
For Department of Energy expenses including the 
purchase, construction, and acquisition of plant and cap-
ital equipment, and other expenses necessary for science 
activities in carrying out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
cluding the acquisition or condemnation of any real prop-
erty or facility or for plant or facility acquisition, construc-
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tion, or expansion, and purchase of not to exceed 49 pas-
senger motor vehicles for replacement only, including one 
law enforcement vehicle, one ambulance, and three buses, 
$4,861,669,000, to remain available until expended: Pro-
vided, That notwithstanding the provisions of section 3220 
of the NNSA Act (Public Law 106–65), as amended, the 
employees and contractors working on the Los Alamos 
Neutron Science Center (LANSCE) shall be subject to the 
authority, direction, and control of the Director of the Of-
fice of Science and his designees with respect to research 
and operations involving isotope production for Office of 
Science applications and customers: Provided further, 
That of the amount appropriated in this paragraph, 
$39,700,000 shall be used for the projects specified in the 
table that appears under the heading ‘‘Congressionally Di-
rected Science Projects’’ in the report of the Committee 
on Appropriations of the House of Representatives to ac-
company this Act. 
NUCLEAR WASTE DISPOSAL 
For nuclear waste disposal activities to carry out the 
purposes of the Nuclear Waste Policy Act of 1982, Public 
Law 97–425 (the ‘‘NWPA’’), including the acquisition of 
real property or facility construction or expansion, 
$247,371,000, to remain available until expended, and to 
be derived from the Nuclear Waste Fund: Provided, That 
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of the funds made available in this Act for Nuclear Waste 
Disposal, 2.02 percent, but not to exceed $5,000,000, shall 
be provided to the State of Nevada solely for expenditures, 
other than salaries and expenses of State employees, to 
conduct scientific oversight responsibilities and participate 
in licensing activities pursuant to the NWPA: Provided 
further, That notwithstanding the lack of a written agree-
ment with the State of Nevada under section 117(c) of 
the NWPA, 0.4 percent, but not to exceed $1,000,000, 
of the amounts provided shall be provided to Nye County, 
Nevada, for on-site oversight activities under section 
117(d) of that Act: Provided further, That 3.64 percent, 
but not to exceed $9,000,000, shall be provided for af-
fected units of local government, as defined in the NWPA, 
to conduct appropriate activities and participate in licens-
ing activities: Provided further, That of the amounts pro-
vided for affected units of local government, 7.5 percent 
shall be made available to affected units of local govern-
ment in California with the balance made available to af-
fected units of local government in Nevada for distribution 
as determined by the Nevada units of local government: 
Provided further, That 0.2 percent, but not to exceed 
$500,000, shall be provided to the Timbisha-Shoshone 
Tribe solely for expenditures, other than salaries and ex-
penses of tribal employees, to conduct appropriate activi-
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ties and participate in licensing activities under section 
118(b) of the NWPA: Provided further, That notwith-
standing section 116(c)(3) of the NWPA, 4.6 percent, but 
not to exceed $11,500,000, shall be provided to Nye Coun-
ty, Nevada, as payment equal to taxes under section 
116(c)(3) of that Act: Provided further, That the funds 
for the State of Nevada shall be made available solely to 
the Nevada Division of Emergency Management by direct 
payment and to units of local government by direct pay-
ment: Provided further, That within 90 days of the comple-
tion of each Federal fiscal year, the Nevada Division of 
Emergency Management and the Governor of the State 
of Nevada and each of the affected units of local govern-
ment shall provide certification to the Department of En-
ergy that all funds expended from such payments have 
been expended for activities authorized by the NWPA and 
this Act: Provided further, That failure to provide such 
certification shall cause such entity to be prohibited from 
any further funding provided for similar activities: Pro-
vided further, That none of the funds herein appropriated 
may be: (1) used directly or indirectly to influence legisla-
tive action, except for normal and recognized executive- 
legislative communications, on any matter pending before 
Congress or a State legislature or for lobbying activity as 
provided in 18 U.S.C. 1913; (2) used for litigation ex-
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penses; or (3) used to support multi-State efforts or other 
coalition building activities inconsistent with the restric-
tions contained in this Act: Provided further, That all pro-
ceeds and recoveries realized by the Secretary in carrying 
out activities authorized by the NWPA, including but not 
limited to, any proceeds from the sale of assets, shall be 
available without further appropriation and shall remain 
available until expended. 
TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE 
LOAN PROGRAM 
Subject to section 502 of the Congressional Budget 
Act of 1974, during fiscal years 2008 through 2011 com-
mitments to guarantee loans under title XVII of the En-
ergy Policy Act of 2005 shall not exceed a total principal 
amount, any part of which is to be guaranteed, of 
$28,500,000,000 for eligible projects (other than nuclear 
power facilities) and $18,500,000,000 for eligible nuclear 
power facilities: Provided, That these amounts are in addi-
tion to the authority provided under section 20320 of divi-
sion B of Public Law 109–289, as amended by Public Law 
110–5: Provided further, That such sums as are derived 
from amounts received from borrowers pursuant to section 
1702(b)(2) of the Energy Policy Act of 2005 under this 
heading in this Act, shall be collected in accordance with 
section 502(7) of the Congressional Budget Act of 1974: 
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Provided further, That the source of such payment re-
ceived from borrowers is not a loan or other debt obliga-
tion that is guaranteed by the Federal Government: Pro-
vided further, That none of the funds made available in 
this Act shall be available for the execution of a new solici-
tation with respect to such guaranteed loans until 45 days 
after the Department of Energy has submitted to the 
Committees on Appropriations of the House of Represent-
atives and the Senate a loan guarantee implementation 
plan that defines the proposed award levels and eligible 
technologies: Provided further, That the Department shall 
not deviate from such plan without 45 days prior notice 
to the Committees: Provided further, That pursuant to sec-
tion 1702(b)(2) of the Energy Policy Act of 2005, no ap-
propriations are available to pay the subsidy cost of such 
guarantees: Provided further, That for necessary adminis-
trative expenses to carry out this Loan Guarantee pro-
gram, $19,880,000 is appropriated, to remain available 
until expended: Provided further, That $19,880,000 of the 
fees collected pursuant to section 1702(h) of the Energy 
Policy Act of 2005 shall be credited as offsetting collec-
tions to this account to cover administrative expenses and 
shall remain available until expended, so as to result in 
a final fiscal year 2009 appropriation from the general 
fund estimated at not more than $0: Provided further, 
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That fees collected under section 1702(h) in excess of the 
amount appropriated for administrative expenses shall not 
be available until appropriated. 
DEPARTMENTAL ADMINISTRATION 
(INCLUDING TRANSFER OF FUNDS) 
For salaries and expenses of the Department of En-
ergy necessary for departmental administration in car-
rying out the purposes of the Department of Energy Orga-
nization Act (42 U.S.C. 7101 et seq.), including the hire 
of passenger motor vehicles and official reception and rep-
resentation 
expenses 
not 
to 
exceed 
$30,000, 
$272,144,000, to remain available until expended: Pro-
vided, That moneys received by the Department for mis-
cellaneous revenues estimated to total $117,317,000 in 
fiscal year 2009 may be retained and used for operating 
expenses within this account, and may remain available 
until expended, as authorized by section 201 of Public 
Law 95–238, notwithstanding the provisions of 31 U.S.C. 
3302: Provided further, That the sum herein appropriated 
shall be reduced by the amount of miscellaneous revenues 
received during 2009, and any related appropriated re-
ceipt account balances remaining from prior years’ mis-
cellaneous revenues, so as to result in a final fiscal year 
2009 appropriation from the general fund estimated at 
not more than $154,827,000. 
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OFFICE OF THE INSPECTOR GENERAL 
For necessary expenses of the Office of the Inspector 
General in carrying out the provisions of the Inspector 
General Act of 1978, $51,927,000, to remain available 
until expended. 
ATOMIC ENERGY DEFENSE ACTIVITIES 
NATIONAL NUCLEAR SECURITY ADMINISTRATION 
WEAPONS ACTIVITIES 
(INCLUDING RESCISSION OF FUNDS) 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other incidental expenses necessary for 
atomic energy defense weapons 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, 
the purchase of not to exceed two passenger motor vehi-
cles, and one ambulance, $6,201,860,000 to remain avail-
able until expended: Provided, That of the funds appro-
priated 
in 
prior 
years 
for 
Weapons 
Activities, 
$165,300,000 are rescinded: Provided further, That of the 
amount appropriated in this paragraph, $20,500,000 shall 
be used for the projects specified under the heading ‘‘Con-
gressionally Directed Weapons Activities Projects’’ in the 
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report of the Committee on Appropriations of the House 
of Representatives to accompany this Act. 
DEFENSE NUCLEAR NONPROLIFERATION 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other incidental expenses necessary for 
defense nuclear nonproliferation 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 one passenger motor 
vehicle for replacement only, $1,530,048,000 to remain 
available until expended: Provided, That of the amount ap-
propriated in this paragraph, $1,000,000 shall be used for 
projects specified under the heading ‘‘Congressionally Di-
rected Defense Nuclear Nonproliferation Projects’’ in the 
report of the Committee on Appropriations of the House 
of Representatives to accompany this Act. 
NAVAL REACTORS 
For Department of Energy expenses necessary for 
naval reactors activities to carry out the Department of 
Energy Organization Act (42 U.S.C. 7101 et seq.), includ-
ing the acquisition (by purchase, condemnation, construc-
tion, or otherwise) of real property, plant and capital 
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equipment, 
facilities, 
and 
facility 
expansion, 
$828,054,000, to remain available until expended. 
OFFICE OF THE ADMINISTRATOR 
For necessary expenses of the Office of the Adminis-
trator in the National Nuclear Security Administration, 
including official reception and representation expenses 
not to exceed $12,000, $428,581,000, to remain available 
until expended: Provided, That of the amount appro-
priated in this paragraph, $24,500,000 shall be used for 
the projects specified in the table that appears under the 
heading ‘‘Office of the Administrator’’ in the report of the 
Committee on Appropriations of the House of Representa-
tives to accompany this Act. 
ENVIRONMENTAL AND OTHER DEFENSE 
ACTIVITIES 
DEFENSE ENVIRONMENTAL CLEANUP 
(INCLUDING TRANSFER OF FUNDS) 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other expenses necessary for atomic 
energy defense environmental cleanup activities in car-
rying out the purposes of the Department of Energy Orga-
nization Act (42 U.S.C. 7101 et seq.), including the acqui-
sition or condemnation of any real property or any facility 
or for plant or facility acquisition, construction, or expan-
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sion, and the purchase of not to exceed four ambulances 
and three passenger motor vehicles for replacement only, 
$5,425,202,000, to remain available until expended, of 
which $463,000,000 shall be transferred to the ‘‘Uranium 
Enrichment 
Decontamination 
and 
Decommissioning 
Fund’’: Provided, That of the amount appropriated in this 
paragraph, $7,700,000 shall be used for the projects speci-
fied in the table that appears under the heading ‘‘Congres-
sionally 
Directed 
Defense 
Environmental 
Cleanup 
Projects’’ in the report of the Committee on Appropria-
tions of the House of Representatives to accompany this 
Act. 
OTHER DEFENSE ACTIVITIES 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other expenses, necessary for atomic 
energy defense, other defense activities, and classified ac-
tivities, in carrying out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
cluding the acquisition or condemnation of any real prop-
erty or any facility or for plant or facility acquisition, con-
struction, or expansion, and the purchase of not to exceed 
ten passenger motor vehicles for replacement only, 
$826,453,000, to remain available until expended. 
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DEFENSE NUCLEAR WASTE DISPOSAL 
For nuclear waste disposal activities to carry out the 
purposes of the Nuclear Waste Policy Act of 1982, as 
amended, including the acquisition of real property or fa-
cility construction or expansion, $247,371,000, to remain 
available until expended. 
POWER MARKETING ADMINISTRATIONS 
BONNEVILLE POWER ADMINISTRATION FUND 
Expenditures from the Bonneville Power Administra-
tion Fund, established pursuant to section 11 of the Fed-
eral Columbia River Transmission System Act (Public 
Law 93–445; 16 U.S.C. 838i), are approved for official 
reception and representation expenses in an amount not 
to exceed $1,500. During fiscal year 2009, no new direct 
loan obligations may be made. 
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER 
ADMINISTRATION 
For necessary expenses of operation and maintenance 
of power transmission facilities and of marketing electric 
power and energy, including transmission wheeling and 
ancillary services pursuant to section 5 of the Flood Con-
trol Act of 1944 (16 U.S.C. 825s), as applied to the south-
eastern power area, $7,420,000, to remain available until 
expended: Provided, That, notwithstanding 31 U.S.C. 
3302, up to $49,520,000 collected by the Southeastern 
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Power Administration pursuant to the Flood Control Act 
of 1944 to recover purchase power and wheeling expenses 
shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose 
of making purchase power and wheeling expenditures. 
OPERATION AND MAINTENANCE, SOUTHWESTERN 
POWER ADMINISTRATION 
For necessary expenses of operation and maintenance 
of power transmission facilities and of marketing electric 
power and energy, for construction and acquisition of 
transmission lines, substations and appurtenant facilities, 
and for administrative expenses, including official recep-
tion and representation expenses in an amount not to ex-
ceed $1,500 in carrying out section 5 of the Flood Control 
Act of 1944 (16 U.S.C. 825s), as applied to the South-
western Power Administration, $28,414,000, to remain 
available until expended: Provided, That, notwithstanding 
31 U.S.C. 3302, up to $35,000,000 collected by the 
Southwestern Power Administration pursuant to the 
Flood Control Act of 1944 to recover purchase power and 
wheeling expenses shall be credited to this account as off-
setting collections, to remain available until expended for 
the sole purpose of making purchase power and wheeling 
expenditures. 
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CONSTRUCTION, 
REHABILITATION, 
OPERATION
AND 
MAINTENANCE, WESTERN AREA POWER ADMINIS-
TRATION 
For carrying out the functions authorized by section 
302(a)(1)(E) of title III of the Act of August 4, 1977 (42 
U.S.C. 7152), and other related activities including con-
servation and renewable resources programs as author-
ized, including official reception and representation ex-
penses in an amount not to exceed $1,500, $193,346,000, 
to remain available until expended, of which $183,642,000 
shall be derived from the Department of the Interior Rec-
lamation Fund: Provided, That of the amount herein ap-
propriated, $7,342,000 is for deposit into the Utah Rec-
lamation Mitigation and Conservation Account pursuant 
to title IV of the Reclamation Projects Authorization and 
Adjustment Act of 1992: Provided further, That notwith-
standing 31 U.S.C. 3302, up to $328,118,000 collected 
by the Western Area Power Administration pursuant to 
the Flood Control Act of 1944 and the Reclamation 
Project Act of 1939 to recover purchase power and wheel-
ing expenses shall be credited to this account as offsetting 
collections, to remain available until expended for the sole 
purpose of making purchase power and wheeling expendi-
tures. 
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FALCON AND AMISTAD OPERATING AND MAINTENANCE 
FUND 
For operation, maintenance, and emergency costs for 
the hydroelectric facilities at the Falcon and Amistad 
Dams, $2,959,000, to remain available until expended, 
and to be derived from the Falcon and Amistad Operating 
and Maintenance Fund of the Western Area Power Ad-
ministration, as provided in section 423 of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 
(22 U.S.C. 2651 note). 
FEDERAL ENERGY REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Energy Regu-
latory Commission to carry out the provisions of the De-
partment 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: Pro-
vided, That notwithstanding any other provision of law, 
not to exceed $273,400,000 of revenues from fees and an-
nual charges, and other services and collections in fiscal 
year 2009 shall be retained and used for necessary ex-
penses in this account, and shall remain available until 
expended: Provided further, That the sum herein appro-
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priated 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 noncompetitive 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 incum-
bent contractor 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 
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Senate a report notifying the Subcommittees 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 Fed-
eral Procurement Policy Act (41 U.S.C. 403) and includes 
procedures described in section 303 of the Federal Prop-
erty 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
PRO-
POSALS.—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 NU-
CLEAR FACILITIES WORKFORCE RESTRUCTURING.—None 
of the funds appropriated by this Act may be used— 
(1) to augment the funds made available for ob-
ligation by this Act for severance payments and 
other benefits and community assistance grants 
under section 4604 of the Atomic Energy Defense 
Act (50 U.S.C. 2704) unless the Department of En-
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ergy submits a reprogramming request to the appro-
priate congressional committees; or 
(2) to provide enhanced severance payments or 
other benefits for employees of the Department of 
Energy under such section. 
SEC. 304. UNEXPENDED BALANCES.—The unex-
pended balances of prior appropriations provided for ac-
tivities for which amounts are appropriated in this title 
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 es-
tablished 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. 
SEC. 306. USER FACILITIES.—When the Department 
of Energy makes a user facility available to universities 
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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 ap-
propriated 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. 
SEC. 308. LABORATORY DIRECTED RESEARCH AND 
DEVELOPMENT.—Of the funds made available by the De-
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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 4 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 2 percent of such funds, 
to be used by the plant manager of a nuclear weapons 
production plant or the manager of the Nevada Site Of-
fice, for plant or site-directed research and development. 
SEC. 309. REIMBURSABLE WORK.—All obligations 
and payments for reimbursable work shall be accounted 
for in the account that owns the assets being used for the 
reimbursable work. 
SEC. 310. RELIABLE REPLACEMENT WARHEAD.— 
None of the funds provided in this Act shall be available 
for the Reliable Replacement Warhead (RRW). 
SEC. 311. GLOBAL NUCLEAR ENERGY PARTNER-
SHIP.—None of the funds provided in this Act shall be 
available for the Global Nuclear Energy Partnership 
(GNEP). 
SEC. 312. GENERAL PLANT PROJECTS.—Plant or 
construction projects for which amounts are made avail-
able under this and subsequent appropriation Acts with 
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a current estimated cost of less than $10,000,000 are con-
sidered for purposes of section 4703 of Public Law 107– 
314 as a plant project for which the approved total esti-
mated cost does not exceed the minor construction thresh-
old 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. 313. 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. 
TITLE IV—INDEPENDENT AGENCIES 
APPALACHIAN REGIONAL COMMISSION 
For expenses necessary to carry out the programs au-
thorized by the Appalachian Regional Development Act of 
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1965, notwithstanding 40 U.S.C. 14704, and, for nec-
essary expenses for the Federal Co-Chairman and the Al-
ternate on the Appalachian Regional Commission, for pay-
ment of the Federal share of the administrative expenses 
of the Commission, including services as authorized by 5 
U.S.C. 3109, and hire of passenger motor vehicles, 
$65,000,000, to remain available until expended: Pro-
vided, That any congressionally directed spending shall be 
taken from within that State’s allocation in the fiscal year 
in which it is provided. 
DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Defense Nuclear Fa-
cilities Safety Board in carrying out activities authorized 
by chapter 21 of the Atomic Energy Act of 1954 (42 
U.S.C. 2286 et seq.), $25,499,000, to remain available 
until expended. 
DELTA REGIONAL AUTHORITY 
SALARIES AND EXPENSES 
For necessary expenses of the Delta Regional Author-
ity and to carry out its activities, as authorized by the 
Delta Regional Authority Act of 2000, notwithstanding 
sections 382C(b)(2), 382F(d), 382M, and 382N of said 
Act, $6,000,000, to remain available until expended. 
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DENALI COMMISSION 
For expenses of the Denali Commission including the 
purchase, construction, and acquisition of plant and cap-
ital equipment as necessary and other expenses, 
$1,800,000, to remain available until expended, notwith-
standing the limitations contained in section 306(g) of the 
Denali Commission Act of 1998. 
NUCLEAR REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Commission in car-
rying out the purposes of the Energy Reorganization Act 
of 1974 and the Atomic Energy Act of 1954, including 
official representation expenses (not to exceed $25,000), 
$1,058,956,000, to remain available until expended: Pro-
vided, 
That 
of 
the 
amount 
appropriated 
herein, 
$73,300,000 shall be derived from the Nuclear Waste 
Fund: Provided further, That revenues from licensing fees, 
inspection services, and other services and collections esti-
mated at $860,857,000 in fiscal year 2009 shall be re-
tained and used for necessary salaries and expenses in this 
account, notwithstanding 31 U.S.C. 3302, and shall re-
main available until expended: Provided further, That the 
sum herein appropriated shall be reduced by the amount 
of revenues received during fiscal year 2009 so as to result 
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in a final fiscal year 2009 appropriation estimated at not 
more than $198,099,000. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector 
General in carrying out the provisions of the Inspector 
General Act of 1978, $10,860,000, to remain available 
until expended: Provided, That revenues from licensing 
fees, inspection services, and other services and collections 
estimated at $9,774,000 in fiscal year 2009 shall be re-
tained and be available until expended, for necessary sala-
ries and expenses in this account, notwithstanding 31 
U.S.C. 3302: Provided further, That the sum herein ap-
propriated shall be reduced by the amount of revenues re-
ceived during fiscal year 2009 so as to result in a final 
fiscal year 2009 appropriation estimated at not more than 
$1,086,000. 
NUCLEAR WASTE TECHNICAL REVIEW BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Nuclear Waste Tech-
nical Review Board, as authorized by Public Law 100– 
203, section 5051, $3,817,000, to be derived from the Nu-
clear Waste Fund, and to remain available until expended. 
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