HR 3183 PP 
tation category or the Resources Management and 
Development category to any program, project, or 
activity in the other category; or 
(7) transfers, when necessary to discharge legal 
obligations of the Bureau of Reclamation, more than 
$5,000,000 to provide adequate funds for settled 
contractor claims, increased contractor earnings due 
to accelerated rates of operations, and real estate de-
ficiency judgments. 
(b) Subsection (a)(5) shall not apply to any transfer 
of funds within the Facilities Operation, Maintenance, and 
Rehabilitation category. 
(c) For purposes of this section, the term ‘‘transfer’’ 
means any movement of funds into or out of a program, 
project, or activity. 
(d) The Bureau of Reclamation shall submit reports 
on a quarterly basis to the Committees on Appropriations 
of the House of Representatives and the Senate detailing 
all the funds reprogrammed between programs, projects, 
activities, or categories of funding. The first quarterly re-
port shall be submitted not later than 60 days after the 
date of enactment of this Act. 
SEC. 202. SAN LUIS UNIT.—(a) None of the funds 
appropriated or otherwise made available by this Act may 
be used to determine the final point of discharge for the 
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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 stand-
ards of the State of California as approved by the Admin-
istrator of the Environmental Protection Agency, to mini-
mize any detrimental 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 
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. 
SEC. 203. CENTRAL VALLEY PROJECT.—Section 
3405(a)(1)(M) of Public Law 102–575 is amended— 
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(1) by striking ‘‘countries’’ and inserting ‘‘coun-
ties’’; and 
(2) by inserting ‘‘a transfer between a San Joa-
quin River Exchange Contractor and a Friant Divi-
sion contractor, a transfer between a San Joaquin 
River Exchange Contractor and a south-of-Delta 
CVP agricultural water service contractor, and a 
transfer between a Friant Division contractor and a 
south-of-Delta CVP agricultural water service con-
tractor,’’ after ‘‘under California law,’’. 
SEC. 204. DRAFT RECOVERY PLAN.—The Secretary 
of the Interior, acting through the Director of the Fish 
& Wildlife Service, is directed to expeditiously revise, final-
ize, and implement the Draft Recovery Plan for the Giant 
Garter Snake (Thamnophis gigas). 
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 
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plant or facility acquisition, construction, or expansion, 
$2,250,000,000 (increased by $45,000,000) (increased by 
$5,000,000) (increased by $10,000,000), to remain avail-
able until expended: Provided, That, of the amount appro-
priated in this paragraph, $500,000 shall be for research 
and development of novel hydrogen energy carriers that 
are liquid at standard temperature and pressure and store 
hydrogen in bound chemical states rather than as free 
molecules, to be awarded under full and open competition: 
Provided further, That, of the amount appropriated in this 
paragraph, $500,000 shall be for development of a dem-
onstration plant for the production of biodiesel fuels from 
crops that, to the greatest extent possible, are cultivated 
on existing cropland during off-season rotations and mini-
mize land use per unit of fuel energy produced, to be 
awarded under full and open competition: Provided fur-
ther, That, of the amount appropriated in this paragraph, 
$3,000,000 shall be for development of a parking canopy 
facility with solar photovoltaic roof panels for electricity 
generation to measure the viability of using photovoltaic 
technologies in locations where environmental and space 
limitations render conventional power generation costly, to 
be awarded under full and open competition: Provided fur-
ther, That, of the amount appropriated in this paragraph, 
$153,560,000 shall be used for the projects specified in 
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the table that appears under the heading ‘‘Congressionally 
Directed
Energy
Efficiency
and
Renewable
Energy 
Projects’’ in the report of the Committee on Appropria-
tions of the House of Representatives to accompany 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, $208,008,000 (reduced by $15,000,000), to remain 
available until expended: Provided, That, of the amount 
appropriated in this paragraph, $7,600,000 shall be used 
for the projects specified in the table that appears under 
the heading ‘‘Congressionally Directed Electricity Delivery 
and Energy Reliability Projects’’ in the report of the Com-
mittee on Appropriations of the House of Representatives 
to accompany this Act. 
NUCLEAR ENERGY 
For Department of Energy expenses including the 
purchase, construction, and acquisition of plant and cap-
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ital equipment, and other expenses necessary for nuclear 
energy activities in carrying out the purposes of the De-
partment 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 acquisi-
tion, construction, or expansion, and the purchase of not 
more than 36 passenger motor vehicles, including one am-
bulance, all for replacement only, $812,000,000, to remain 
available until expended: Provided, That, of the amount 
appropriated in this paragraph, $500,000 shall be used 
for the projects specified in the table that appears under 
the heading ‘‘Congressionally Directed Nuclear Energy 
Projects’’ in the report of the Committee on Appropria-
tions of the House of Representatives to accompany this 
Act. 
FOSSIL ENERGY RESEARCH AND DEVELOPMENT 
For necessary expenses in carrying out fossil energy 
research and development activities, under the authority 
of the Department of Energy Organization Act (42 U.S.C. 
7101 et seq.), 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-
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able social and environmental costs (30 U.S.C. 3, 1602, 
and 1603), $617,565,000, to remain available until ex-
pended: Provided, That funds appropriated for prior solici-
tations under the Clean Coal Technology Program, Power 
Plant Improvement Initiative, Clean Coal Power Initiative, 
and FutureGen, but not required by the Department to 
meet its obligations on projects selected under such solici-
tations, may be utilized for the Clean Coal Power Initia-
tive, pursuant to title IV of Public Law 109–58, in accord-
ance 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 pro-
vide for the total project: Provided further, That if a Clean 
Coal Power Initiative project, selected after enactment of 
this Act 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 re-
search, development, and demonstration projects, except 
that the time limit may be extended at the Secretary’s dis-
cretion 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 
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Secretary may not delegate this responsibility for applica-
tions greater than $10,000,000: Provided further, That fi-
nancial assistance for costs in excess of those estimated 
as of the date of award of original Clean Coal Power Ini-
tiative financial assistance may not be provided 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 Public Law 99–190 (42 
U.S.C. 5903d): Provided further, That any technology se-
lected under these programs shall be considered 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 chap-
ters 51, 52, and 60 of title 40 of the Code of Federal 
Regulations: Provided further, That funds available for the 
Clean Coal Power Initiative may be used to support any 
technology relating to carbon capture and storage or bene-
ficial uses of carbon dioxide, without regard to the 70 and 
percent
funding
allocations
specified
in
section 
402(b)(1)(A) and (2)(A) of the Energy Policy Act of 2005 
(42 U.S.C. 15962(b)(1)(A) and (2)(A)): Provided further, 
That, of the amount appropriated in this paragraph, 
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$750,000 shall be for development of technologies for inte-
gration into gasification systems for the low-cost produc-
tion of synthesis gas, to be awarded under full and open 
competition: Provided further, That, of the amount appro-
priated in this paragraph, $500,000 shall be for develop-
ment of fuel cell technologies for conversion of commer-
cially available fuels and biofuels into electricity, to be 
awarded under full and open competition: Provided fur-
ther, That, of the amount appropriated in this paragraph, 
$300,000 shall be for development of control technologies 
for increased performance in synthesis gas combustion ap-
plications, to be awarded under full and open competition: 
Provided further, That, of the amount appropriated in this 
paragraph, $8,000,000 shall be used for the projects speci-
fied in the table that appears under the heading ‘‘Congres-
sionally Directed Fossil Energy Research and Develop-
ment Projects’’ in the report of the Committee on Appro-
priations of the House of Representatives 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, $23,627,000, to remain available 
until expended: Provided, That, notwithstanding any other 
provision of law, unobligated funds remaining from prior 
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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.), $228,573,000, 
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 (42 
U.S.C. 6201 et seq.), $11,300,000, to remain available 
until expended. 
ENERGY INFORMATION ADMINISTRATION 
For necessary expenses in carrying out the activities 
of the Energy Information Administration, $121,858,000, 
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-
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demnation of any real property or any facility or for plant 
or
facility
acquisition,
construction,
or
expansion, 
$237,517,000, to remain available until expended. 
URANIUM ENRICHMENT DECONTAMINATION AND 
DECOMMISSIONING FUND 
For necessary expenses in carrying out uranium en-
richment facility decontamination and decommissioning, 
remedial actions, and other activities under title II of the 
Atomic Energy Act of 1954, and title X, subtitle A, of 
the Energy Policy Act of 1992, $559,377,000, to be de-
rived from the Uranium Enrichment Decontamination and 
Decommissioning Fund, to remain available until ex-
pended. 
SCIENCE 
(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 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-
tion, or expansion, and purchase of not more than 50 pas-
senger motor vehicles for replacement only, including one 
law enforcement vehicle, two ambulances, and three buses, 
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$4,943,587,000, to remain available until expended: Pro-
vided, That $15,000,000 appropriated under this heading 
under prior appropriation Acts for the Advanced Research 
Projects Agency—Energy is hereby transferred to the 
‘‘Advanced Research Projects Agency—Energy’’ account: 
Provided further, That, of the amount appropriated in this 
paragraph, $37,740,000 shall be used for the projects 
specified in the table that appears under the heading 
‘‘Congressionally Directed Science Projects’’ in the report 
of the Committee on Appropriations of the House of Rep-
resentatives to accompany 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) (‘‘NWPA’’), including the acquisition of real 
property
or
facility
construction
or
expansion, 
$98,400,000, to remain available until expended, and to 
be derived from the Nuclear Waste Fund: Provided, That 
of the funds made available in this Act for Nuclear Waste 
Disposal, $5,000,000 shall be provided to the Office of the 
Attorney General of the State of Nevada solely for expend-
itures, other than salaries and expenses of State employ-
ees, to conduct scientific oversight responsibilities and par-
ticipate in licensing activities pursuant to the NWPA: Pro-
vided further, That notwithstanding the lack of a written 
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agreement with the State of Nevada under section 117(c) 
of the NWPA, $1,000,000 shall be provided to Nye Coun-
ty, Nevada, for on-site oversight activities under section 
117(d) of such Act: Provided further, That $9,000,000 
shall be provided to affected units of local government, as 
defined in the NWPA, to conduct appropriate activities 
and participate in licensing activities: Provided further, 
That, of the $9,000,000 provided, 7.5 percent of the funds 
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 this funding shall be provided to 
affected units of local government, as defined in the 
NWPA: Provided further, That $500,000 shall be provided 
to the Timbisha-Shoshone Tribe solely for expenditures, 
other than salaries and expenses of tribal employees, to 
conduct appropriate activities and participate in licensing 
activities under section 118(b) of the NWPA: Provided 
further, That notwithstanding the provisions of chapters 
65 and 75 of title 31, United States Code, the Department 
shall have no monitoring, auditing, or other oversight 
rights or responsibilities over amounts provided to affected 
units of local government: Provided further, That the 
funds for the State of Nevada shall be made available sole-
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ly to the Office of the Attorney General by direct payment 
and to units of local government by direct payment: Pro-
vided further, That within 90 days of the completion of 
each Federal fiscal year, the Office of the Attorney Gen-
eral of the State of Nevada and each of the affected units 
of local government shall provide certification to the De-
partment of Energy 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: Provided further, That none of the funds herein 
appropriated may be: (1) used directly or indirectly to in-
fluence legislative action, except for normal and recognized 
executive-legislative communications, on any matter pend-
ing before Congress or a State legislature or for lobbying 
activity as provided in 18 U.S.C. 1913; (2) used for litiga-
tion expenses; or (3) used to support multi-State efforts 
or other coalition building activities inconsistent with the 
restrictions contained in this Act: Provided further, That 
all proceeds and recoveries realized by the Secretary in 
carrying out activities authorized by the NWPA, including 
any proceeds from the sale of assets, shall be available 
without further appropriation and shall remain available 
until expended: Provided further, That no funds provided 
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in this Act or any previous Act may be used to pursue 
repayment or collection of funds provided in any fiscal 
year to affected units of local government for oversight 
activities that had been previously approved by the De-
partment of Energy or to withhold payment of any such 
funds: Provided further, That of the funds made available 
in this Act for Nuclear Waste Disposal, $5,000,000 shall 
be provided to create a Blue Ribbon Commission to con-
sider all alternatives for nuclear waste disposal. 
TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE 
PROGRAM 
Such sums as are derived from amounts received 
from borrowers pursuant to section 1702(b)(2) of the En-
ergy Policy Act of 2005 under this heading in prior Acts 
shall be collected in accordance with section 502(7) of the 
Congressional Budget Act of 1974: Provided, That for 
necessary administrative expenses to carry out this Loan 
Guarantee program, $43,000,000 is appropriated, to re-
main available until expended: Provided further, That 
$43,000,000 of the fees collected pursuant to section 
1702(h) of the Energy Policy Act of 2005 shall be credited 
as offsetting collections to this account to cover adminis-
trative expenses and shall remain available until expended, 
so as to result in a final fiscal year 2010 appropriations 
from the general fund estimated at not more than $0: Pro-
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vided further, That fees collected under section 1702(h) 
in excess of the amount appropriated for administrative 
expenses shall not be available until appropriated. 
ADVANCED TECHNOLOGY VEHICLES MANUFACTURING 
LOANS PROGRAM 
For administrative expenses in carrying out the Ad-
vanced Technology Vehicles Manufacturing Loans Pro-
gram, $20,000,000, to remain available until expended. 
DEPARTMENTAL ADMINISTRATION 
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, $289,684,000 
(reduced by $30,000,000) (reduced by $5,000,000) (re-
duced by $10,000,000), to remain available until ex-
pended, plus such additional amounts as necessary to 
cover increases in the estimated amount of cost of work 
for others notwithstanding the provisions of the Anti-Defi-
ciency Act (31 U.S.C. 1511 et seq.): Provided, That such 
increases in cost of work are offset by revenue increases 
of the same or greater amount, to remain available until 
expended: Provided further, That moneys received by the 
Department for miscellaneous revenues estimated to total 
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$119,740,000 in fiscal year 2010 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 miscella-
neous revenues received during 2010, and any related ap-
propriated receipt account balances remaining from prior 
years’ miscellaneous revenues, so as to result in a final 
fiscal year 2010 appropriation from the general fund esti-
mated at not more than $169,944,000 (reduced by 
$30,000,000)
(reduced
by
$5,000,000)
(reduced
by 
$10,000,000). 
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 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other incidental expenses necessary for 
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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, 
and the purchase of not more than one ambulance; 
$6,320,000,000, to remain available until expended: Pro-
vided, That, of the amount appropriated in this para-
graph, $3,000,000 shall be used for the projects specified 
under the heading ‘‘Congressionally Directed Weapons Ac-
tivities Projects’’ in the report of the Committee on Appro-
priations 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 more than one passenger motor 
vehicle for replacement only, $1,471,175,000, to remain 
available until expended: Provided, That, of the amount 
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appropriated in this paragraph, $250,000 shall be used 
for the projects specified under the heading ‘‘Congression-
ally Directed 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 
equipment,
facilities,
and
facility
expansion, 
$1,003,133,000, to remain available until expended. 
OFFICE OF THE ADMINISTRATOR 
(INCLUDING TRANSFER OF FUNDS) 
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, $420,754,000, to remain available 
until expended: Provided, That $10,000,000 previously ap-
propriated for cleanup efforts at Argonne National Lab 
shall be transferred to ‘‘Non-Defense Environmental 
Cleanup’’: Provided further, That, of the amount appro-
priated in this paragraph, $13,000,000 shall be used for 
the projects specified in the table that appears under the 
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heading ‘‘Congressionally Directed Office of the Adminis-
trator (NNSA) Projects’’ in the report of the Committee 
on Appropriations of the House of Representatives to ac-
company 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-
sion, and the purchase of not more than four ambulances 
and three passenger motor vehicles for replacement only, 
$5,381,842,000, to remain available until expended, of 
which $463,000,000 shall be transferred to the ‘‘Uranium 
Enrichment
Decontamination
and
Decommissioning 
Fund’’. 
OTHER DEFENSE ACTIVITIES 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
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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 more than 
passenger
motor
vehicles
for
replacement
only, 
$1,518,002,000 (reduced by $2,500,000), to remain avail-
able until expended: Provided, That, of the funds provided 
herein, $504,238,000 is for project 99–D–143 Mixed 
Oxide Fuel Fabrication Facility, Savannah River Site, 
South Carolina; $70,000,000 is for project 99–D–141–02 
Waste Solidification Building, Savannah River Site, South 
Carolina;
$84,296,000
for
MOX
operations;
and 
$7,000,000 for WSB operation: Provided further, That the 
Department of Energy shall adhere strictly to Department 
of Energy Order 413.3A for Project 99–D–143: Provided 
further, That, of the amount appropriated in this para-
graph, $2,000,000 shall be used for the projects specified 
in the table that appears under the heading ‘‘Congression-
ally Directed Other Defense Activities Projects’’ in the re-
port of the Committee on Appropriations of the House of 
Representatives to accompany this Act. 
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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 (Public 
Law 97–425), including the acquisition of real property 
or facility construction or expansion, $98,400,000, to re-
main available until expended. 
POWER MARKETING ADMINISTRATIONS 
BONNEVILLE POWER ADMINISTRATION FUND 
Expenditures from the Bonneville Power Administra-
tion Fund, established pursuant to the Federal Columbia 
River Transmission System Act (Public Law 93–454), are 
approved for the Leaburg Fish Sorter, the Okanogan 
Basin Locally Adapted Steelhead Supplementation Pro-
gram, and the Crystal Springs Hatchery Facilities, and, 
in addition, for official reception and representation ex-
penses in an amount not to exceed $1,500. During fiscal 
year 2010, no new direct loan obligations may be made 
from such Fund. 
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-
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eastern power area, $7,638,000, to remain available until 
expended: Provided, That notwithstanding 31 U.S.C. 3302 
and section 5 of the Flood Control Act of 1944 (16 U.S.C. 
825s), up to $7,638,000 collected by the Southeastern 
Power Administration from the sale of power and related 
services shall be credited to this account as discretionary 
offsetting collections, to remain available until expended 
for the sole purpose of funding the annual expenses of the 
Southeastern Power Administration: Provided further, 
That the sum herein appropriated for annual expenses 
shall be reduced as collections are received during the fis-
cal year so as to result in a final fiscal year 2010 appro-
priation estimated at not more than $0: Provided further, 
That, notwithstanding 31 U.S.C. 3302, up to $70,806,000 
collected by the Southeastern Power Administration pur-
suant to the Flood Control Act of 1944 to recover pur-
chase 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: Provided further, That 
notwithstanding the provisions of 31 U.S.C. 3302 and sec-
tion 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), 
all funds collected by the Southeastern Power Administra-
tion that are applicable to the repayment of the annual 
expenses of this account in this and subsequent fiscal 
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years shall be credited to this account as discretionary off-
setting collections for the sole purpose of funding such ex-
penses, with such funds remaining available until ex-
pended: Provided further, That for purposes of this appro-
priation, annual expenses means expenditures that are 
generally recovered in the same year that they are in-
curred (excluding purchase power and wheeling expenses). 
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, $44,944,000, to remain 
available until expended: Provided, That notwithstanding 
31 U.S.C. 3302 and section 5 of the Flood Control Act 
of 1944 (16 U.S.C. 825s), up to $31,868,000 collected 
by the Southwestern Power Administration from the sale 
of power and related services shall be credited to this ac-
count as discretionary offsetting collections, to remain 
available until expended, for the sole purpose of funding 
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the annual expenses of the Southwestern Power Adminis-
tration: Provided further, That the sum herein appro-
priated for annual expenses shall be reduced as collections 
are received during the fiscal year so as to result in a final 
fiscal year 2010 appropriation estimated at not more than 
$13,076,000: Provided further, That, notwithstanding 31 
U.S.C. 3302, up to $38,000,000 collected by the South-
western Power Administration pursuant to the Flood Con-
trol Act of 1944 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting col-
lections, to remain available until expended for the sole 
purpose of making purchase power and wheeling expendi-
tures: Provided further, That notwithstanding 31 U.S.C. 
3302 and section 5 of the Flood Control Act of 1944 (16 
U.S.C. 825s), all funds collected by the Southwestern 
Power Administration that are applicable to the repay-
ment of the annual expenses of this account in this and 
subsequent fiscal years shall be credited to this account 
as discretionary offsetting collections for the sole purpose 
of funding such expenses, with such funds remaining 
available until expended: Provided further, That for pur-
poses of this appropriation, annual expenses means ex-
penditures that are generally recovered in the same year 
that they are incurred (excluding purchase power and 
wheeling expenses). 
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CONSTRUCTION,
REHABILITATION,
OPERATION
AND 
MAINTENANCE, WESTERN AREA POWER ADMINIS-
TRATION 
For carrying out the functions authorized by title III, 
section 302(a)(1)(E) 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; $256,711,000, 
to remain available until expended, of which $245,216,000 
shall be derived from the Department of the Interior Rec-
lamation Fund: Provided, That notwithstanding 31 U.S.C. 
3302, section 5 of the Flood Control Act of 1944 (16 
U.S.C. 825s), and section 1 of the Interior Department 
Appropriation
Act,
1939
(43
U.S.C.
392a),
up
to 
$147,530,000 collected by the Western Area Power Ad-
ministration from the sale of power and related services 
shall be credited to this account as discretionary offsetting 
collections, to remain available until expended, for the sole 
purpose of funding the annual expenses of the Western 
Area Power Administration: Provided further, That the 
sum herein appropriated for annual expenses shall be re-
duced as collections are received during the fiscal year so 
as to result in a final fiscal year 2010 appropriation esti-
mated
at
not
more
than
$109,181,000,
of
which 
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$97,686,000 is derived from the Reclamation Fund: Pro-
vided further, That of the amount herein appropriated, 
$7,584,000 is for deposit into the Utah Reclamation Miti-
gation and Conservation Account pursuant to title IV of 
the Reclamation Projects Authorization and Adjustment 
Act of 1992: Provided further, That notwithstanding 31 
U.S.C. 3302, up to $349,807,000 collected by the Western 
Area Power Administration pursuant to the Flood Control 
Act of 1944 and the Reclamation Project Act of 1939 (43 
U.S.C. 485 et seq.) 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: Provided further, That of the amount herein appro-
priated, up to $18,612,000 is provided on a nonreimburs-
able basis for environmental remediation at the Basic Sub-
station site in Henderson, Nevada: Provided further, That 
notwithstanding 31 U.S.C. 3302, section 5 of the Flood 
Control Act of 1944 (16 U.S.C. 825s), and section 1 of 
the Interior Department Appropriation Act, 1939 (43 
U.S.C. 392a), funds collected by the Western Area Power 
Administration from the sale of power and related services 
that are applicable to the repayment of the annual ex-
penses of this account in this and subsequent fiscal years 
shall be credited to this account as discretionary offsetting 
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collections for the sole purpose of funding such expenses, 
with such funds remaining available until expended: Pro-
vided further, That for purposes of this appropriation, an-
nual expenses means expenditures that are generally re-
covered in the same year that they are incurred (excluding 
purchase power and wheeling expenses). 
FALCON AND AMISTAD OPERATING AND MAINTENANCE 
FUND 
For operation, maintenance, and emergency costs for 
the hydroelectric facilities at the Falcon and Amistad 
Dams, $2,568,000, 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 2 of the Act of June 
18, 1954 (43 U.S.C. 485g): Provided, That notwith-
standing the provisions of such Act and of 31 U.S.C. 
3302, up to $2,348,000 collected by the Western Area 
Power Administration from the sale of power and related 
services from the Falcon and Amistad Dams shall be cred-
ited to this account as discretionary offsetting collections, 
to remain available until expended for the sole purpose 
of funding the annual expenses of the hydroelectric facili-
ties of these Dams and associated Western Area Power 
Administration activities: Provided further, That the sum 
herein appropriated for annual expenses shall be reduced 
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as collections are received during the fiscal year so as to 
result in a final fiscal year 2010 appropriation estimated 
at not more than $220,000: Provided further, That not-
withstanding the provisions of section 2 of the Act of June 
18, 1954 (43 U.S.C. 485g) and 31 U.S.C. 3302, all funds 
collected by the Western Area Power Administration from 
the sale of power and related services from the Falcon and 
Amistad Dams that are applicable to the repayment of the 
annual expenses of the hydroelectric facilities of these 
Dams and associated Western Area Power Administration 
activities in this and subsequent fiscal years shall be cred-
ited to this account as discretionary offsetting collections 
for the sole purpose of funding such expenses, with such 
funds remaining available until expended: Provided fur-
ther, That for purposes of this appropriation, annual ex-
penses means expenditures that are generally recovered in 
the same year that they are incurred. 
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, 
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$298,000,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law, 
not to exceed $298,000,000 of revenues from fees and an-
nual charges and other services and collections in fiscal 
year 2010 shall be retained and used for necessary ex-
penses in this account and shall remain available until ex-
pended: Provided further, That the sum herein appro-
priated from the general fund shall be reduced as revenues 
are received during fiscal year 2010 so as to result in a 
final fiscal year 2010 appropriation from the general fund 
estimated at not more than $0. 
GENERAL PROVISIONS, DEPARTMENT OF 
ENERGY 
SEC.
301.
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. 302. 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 
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Act (50 U.S.C. 2704) unless the Department of En-
ergy submits a reprogramming request to the appro-
priate congressional committees; 
(2) to provide enhanced severance payments or 
other benefits for employees of the Department of 
Energy under such section; or 
(3) to develop or implement a workforce re-
structuring plan that covers employees of the De-
partment of Energy. 
SEC. 303. 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. 304. 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 
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advance that such services are not available from private 
sector businesses. 
SEC. 305. USER FACILITIES.—(a) When the Depart-
ment of Energy makes a user facility available to univer-
sities or other potential users, or seeks input from univer-
sities or other potential users regarding significant charac-
teristics 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 universities 
and other potential users. 
(b) 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 com-
petition in selecting such a partner. 
(c) For purposes of this section, the term ‘‘user facil-
ity’’ includes— 
(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 Administration 
Defense Programs Technology Deployment Center/ 
User Facility; and 
(3) any other Departmental facility designated 
by the Department as a user facility. 
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SEC. 306. 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 2010 until the 
enactment of the Intelligence Authorization Act for fiscal 
year 2010. 
SEC. 307. 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, the 
Secretary may authorize a specific amount, not to exceed 
7 percent of such funds, to be used by such laboratories 
for laboratory directed research and development: Pro-
vided, 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 pro-
duction plant or the manager of the Nevada Site Office 
for plant or site directed research and development. 
SEC. 308. LIMITED TRANSFER AUTHORITY TO AD-
DRESS PENSION REQUIREMENTS.—(a) If the Secretary of 
Energy determines that additional funds are needed to re-
imburse the costs of defined benefit pension plans for con-
tractor employees, the Secretary may transfer not more 
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SEC. 309. CONGRESSIONAL NOTIFICATION REQUIRE-
MENT.—None of the funds made available by this Act may 
be used to make a grant allocation, discretionary grant 
award, discretionary contract award, or other transaction 
agreement or to issue a letter of intent totaling in excess 
of $1,000,000, or to announce publicly the intention to 
make such an allocation, award, or agreement or to issue 
such a letter, including a contract covered by the Federal 
Acquisition Regulation, unless the Secretary of Energy no-
tifies the Committees on Appropriations of the House of 
Representatives and the Senate at least 3 full business 
days in advance of making such an allocation, award, or 
agreement or issuing such a letter: Provided, That if the 
Secretary of Energy determines that compliance with this 
section would pose a substantial risk to human life, health, 
or safety, an award may be made without such notifica-
tion, and the Committees on Appropriations of the House 
of Representatives and the Senate shall be notified not 
later than 5 full business days after such an allocation, 
award, or agreement is made or letter issued. 
SEC. 310. WAGE RATE REQUIREMENTS.—Section 
1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) 
is amended by adding at the end the following new sub-
section: 
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‘‘(k) WAGE RATE REQUIREMENTS.—All laborers and 
mechanics employed by contractors and subcontractors in 
the performance of construction work financed in whole 
or in part by a loan guaranteed under this title shall be 
paid wages at rates not less than those prevailing on 
projects of a character similar in the locality as deter-
mined by the Secretary of Labor in accordance with sub-
chapter IV of chapter 31 of title 40, United States Code. 
With respect to the labor standards in this subsection, the 
Secretary of Labor shall have the authority and functions 
set forth in Reorganization Plan Numbered 14 of 1950 
(64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 
40, United States Code.’’. 
SEC. 311. BONNEVILLE POWER ADMINISTRATION 
FUND.—(a) Subject to subsection (b), no funds appro-
priated or otherwise made available by this Act or any 
other Act may be used to record transactions relating to 
the increase in borrowing authority or bonds outstanding 
at any time under the Federal Columbia River Trans-
mission System Act (16 U.S.C. 838 et seq.) referred to 
in section 401 of division A of the American Recovery and 
Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 
140) under a funding account, subaccount, or fund symbol 
other than the Bonneville Power Administration Fund 
Treasury account fund symbol. 
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(b) Funds appropriated or otherwise made available 
by this Act or any other Act may be used to ensure, for 
purposes of meeting applicable reporting provisions of the 
American Recovery and Reinvestment Act of 2009 (Public 
Law 111–5; 123 Stat. 115), that the Bonneville Power 
Administration uses a fund symbol other than the Bonne-
ville Power Administration Fund Treasury account fund 
symbol solely to report accrued expenditures of projects 
attributed by the Administrator of the Bonneville Power 
Administration to the increased borrowing authority. 
(c) This section is effective for fiscal year 2010 and 
subsequent fiscal years. 
SEC. 312. ADVANCED TECHNOLOGY VEHICLES MAN-
UFACTURING LOANS PROGRAM.—(a) ULTRA EFFICIENT 
VEHICLES.—Section 136 of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17013) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by inserting ‘‘an 
ultra efficient vehicle or’’ after ‘‘means’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(5) ULTRA
EFFICIENT
VEHICLE.—The term 
‘ultra efficient vehicle’ means a fully closed compart-
ment vehicle designed to carry at least 2 adult pas-
sengers that achieves— 
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‘‘(A) at least 75 miles per gallon while op-
erating on gasoline or diesel fuel; 
‘‘(B) at least 75 miles per gallon equiva-
lent while operating as a hybrid electric-gasoline 
or electric-diesel vehicle; or 
‘‘(C) at least 75 miles per gallon equivalent 
while operating as a fully electric vehicle.’’; 
(2) in subsection (b)— 
(A) by inserting ‘‘, ultra efficient vehicle 
manufacturers,’’ after ‘‘automobile manufactur-
ers’’; 
(B) in paragraph (1)— 
(i) by striking ‘‘or’’ at the end of sub-
paragraph (A); 
(ii) by striking ‘‘and’’ at the end of 
subparagraph (B) and inserting ‘‘or’’; and 
(iii) by adding at the end the fol-
lowing new subparagraph: 
‘‘(C) ultra efficient vehicles; and’’; and 
(C) in paragraph (2), by inserting ‘‘, ultra 
efficient vehicles,’’ after ‘‘qualifying vehicles’’; 
(3) in subsection (g), by inserting ‘‘or are uti-
lized primarily for the manufacture of ultra efficient 
vehicles’’ after ‘‘20 years’’; and 
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(4) in subsection (h)(1)(B), by striking ‘‘auto-
mobiles’’ the first place it appears and inserting 
‘‘ultra efficient vehicles, automobiles,’’. 
(b) RECONSIDERATION OF PRIOR APPLICATIONS.— 
The Secretary of Energy shall reconsider applications for 
assistance under section 136 of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 17013) that were— 
(1) timely filed under that section before Janu-
ary 1, 2009; 
(2) rejected on the basis that the vehicles to 
which the proposal related were not advanced tech-
nology vehicles; and 
(3) related to ultra efficient vehicles. 
TITLE IV—INDEPENDENT AGENCIES 
APPALACHIAN REGIONAL COMMISSION 
For expenses necessary to carry out the programs au-
thorized by the Appalachian Regional Development Act of 
1965, for necessary expenses for the Federal Co-Chairman 
and the Alternate on the Appalachian Regional Commis-
sion, for payment of the Federal share of the administra-
tive expenses of the Commission, including services as au-
thorized by 5 U.S.C. 3109, and hire of passenger motor 
vehicles, $76,000,000, to remain available until expended: 
Provided, That any congressionally directed spending shall 
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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 the Atomic Energy Act of 1954, as amended by section 
1441 of Public Law 100–456, $26,086,000, 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 such 
Act, $13,000,000, to remain available until expended. 
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, 
$11,965,000, to remain available until expended, notwith-
standing the limitations contained in section 306(g) of the 
Denali Commission Act of 1998. 
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NORTHERN BORDER REGIONAL COMMISSION 
For necessary expenses of the Northern Border Re-
gional Commission in carrying out activities authorized by 
40 U.S.C. 15303(1), $500,000 (increased by $2,500,000), 
to remain available until expended. 
SOUTHEAST CRESCENT REGIONAL COMMISSION 
For necessary expenses of the Southeast Crescent Re-
gional Commission in carrying out activities authorized by 
40 U.S.C. 15303(1), $500,000, to remain available until 
expended. 
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), 
$1,061,000,000, to remain available until expended: Pro-
vided,
That
of
the
amount
appropriated
herein, 
$56,000,000 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 $878,102,000 in fiscal year 2010 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 
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sum herein appropriated shall be reduced by the amount 
of revenues received during fiscal year 2010 so as to result 
in a final fiscal year 2010 appropriation estimated at not 
more than $182,898,000. 
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, $10,102,000, to remain available 
until September 30, 2011: Provided, That revenues from 
licensing fees, inspection services, and other services and 
collections estimated at $9,092,000 in fiscal year 2010 
shall be retained and be available until expended, for nec-
essary salaries and expenses in this account, notwith-
standing 31 U.S.C. 3302: Provided further, That the sum 
herein appropriated shall be reduced by the amount of rev-
enues received during fiscal year 2010 so as to result in 
a final fiscal year 2010 appropriation estimated at not 
more than $1,010,000. 
NUCLEAR WASTE TECHNICAL REVIEW BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Nuclear Waste Tech-
nical Review Board, as authorized by section 5051 of Pub-
lic Law 100–203, $3,891,000, to be derived from the Nu-
clear Waste Fund, and to remain available until expended. 
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OFFICE OF THE FEDERAL COORDINATOR FOR ALASKA 
NATURAL GAS TRANSPORTATION PROJECTS 
For necessary expenses for the Office of the Federal 
Coordinator
for
Alaska
Natural
Gas
Transportation 
Projects pursuant to the Alaska Natural Gas Pipeline Act 
of 2004, $4,466,000: Provided, That any fees, charges, or 
commissions received pursuant to section 802 of Public 
Law 110–140 in fiscal year 2010 in excess of $4,683,000 
shall not be available for obligation until appropriated in 
a subsequent Act of Congress. 
GENERAL PROVISIONS, INDEPENDENT 
AGENCIES 
SEC. 401. NUCLEAR REGULATORY COMMISSION RE-
PORTING REQUIREMENT.—The Nuclear Regulatory Com-
mission shall, not later than 60 days after the date of en-
actment of this Act, provide a report to the Committees 
on Appropriations of the House of Representatives and the 
Senate identifying barriers to and its recommendations for 
streamlining the issuance of a Combined Construction and 
Operating License for qualified new nuclear reactors. 
TITLE V—GENERAL PROVISIONS 
SEC. 501. LOBBYING RESTRICTION.—None of the 
funds appropriated by this Act may be used in any way, 
directly or indirectly, to influence congressional action on 
any legislation or appropriation matters pending before 
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Congress, other than to communicate to Members of Con-
gress as described in 18 U.S.C. 1913. 
SEC. 502. DELTA REGIONAL AUTHORITY.—Section 
382B(c)(1) of the Consolidated Farm and Rural Develop-
ment Act (7 U.S.C. 2009aa-1) is amended to read as fol-
lows: 
‘‘(1) IN GENERAL.—A decision by the Authority 
shall require the affirmative vote of the Federal co- 
chairperson and a majority of the State members 
(not including any member representing a State that 
is delinquent under subsection (g)(2)(C)) to be effec-
tive.’’. 
SEC. 503. LIGHT BULB RESTRICTION.—None of the 
funds made available in this Act may be used to purchase 
light bulbs unless the light bulbs are ‘‘Energy Star’’ quali-
fied or have the ‘‘Federal Energy Management Program’’ 
designation. 
SEC. 504. PASSENGER MOTOR VEHICLES.—None of 
the funds made available in this Act may be used to pur-
chase passenger motor vehicles other than those manufac-
tured by Ford, General Motors, or Chrysler. 
This Act may be cited as the ‘‘Energy and Water De-
velopment and Related Agencies Appropriations Act, 
2010’’. 
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That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
fiscal year ending September 30, 2010, and for other pur-
poses, namely: 
TITLE I 
CORPS OF ENGINEERS—CIVIL 
DEPARTMENT OF THE ARMY 
CORPS OF ENGINEERS—CIVIL 
The following appropriations shall be expended under 
the direction of the Secretary of the Army and the super-
vision of the Chief of Engineers for authorized civil func-
tions of the Department of the Army pertaining to rivers 
and harbors, flood and storm damage reduction, shore pro-
tection, aquatic ecosystem restoration, and related efforts. 
GENERAL INVESTIGATIONS 
For expenses necessary where authorized by law for the 
collection and study of basic information pertaining to 
river and harbor, flood and storm damage reduction, shore 
protection, aquatic ecosystem restoration, and related needs; 
for surveys and detailed studies, and plans and specifica-
tions of proposed river and harbor, flood and storm damage 
reduction, shore protection, and aquatic ecosystem restora-
tion projects and related efforts prior to construction; for 
restudy of authorized projects; and for miscellaneous inves-
tigations and, when authorized by law, surveys and detailed 
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studies, and plans and specifications of projects prior to 
construction, $170,000,000, to remain available until ex-
pended. 
CONSTRUCTION, GENERAL 
For expenses necessary for the construction of river 
and harbor, flood and storm damage reduction, shore pro-
tection, aquatic ecosystem restoration, and related projects 
authorized by law; for conducting detailed studies, and 
plans and specifications, of such projects (including those 
involving participation by States, local governments, or 
private groups) authorized or made eligible for selection by 
law (but such detailed studies, and plans and specifications, 
shall not constitute a commitment of the Government to 
construction); $1,924,000,000, to remain available until ex-
pended; of which such sums as are necessary to cover the 
Federal share of construction costs for facilities under the 
Dredged Material Disposal Facilities program shall be de-
rived from the Harbor Maintenance Trust Fund as author-
ized by Public Law 104–303; and of which such sums as 
are necessary pursuant to Public Law 99–662 shall be de-
rived from the Inland Waterways Trust Fund, to cover one- 
half of the costs of construction, replacement, rehabilitation, 
and expansion of inland waterways projects (including 
only Chickamauga Lock, Tennessee; Kentucky Lock and 
Dam, Tennessee River, Kentucky; Lock and Dams 2, 3, and 
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4 Monongahela River, Pennsylvania; Markland Locks and 
Dam, Kentucky and Indiana; Olmsted Lock and Dam, Illi-
nois and Kentucky; and Emsworth Locks and Dam, Ohio 
River, Pennsylvania) shall be derived from the Inland Wa-
terways Trust Fund: Provided, That the Chief of Engineers 
is directed to use $18,000,000 of the funds appropriated 
herein for the Dallas Floodway Extension, Texas, project, 
including the Cadillac Heights feature, generally in accord-
ance with the Chief of Engineers report dated December 7, 
1999: Provided further, That the Chief of Engineers is di-
rected to use $1,500,000 of funds available for the 
Greenbrier Basin, Marlinton, West Virginia, Local Protec-
tion Project to continue engineering and design efforts, exe-
cute a project partnership agreement, and initiate construc-
tion of the project substantially in accordance with Alter-
native 1 as described in the Corps of Engineers Final De-
tailed Project Report and Environmental Impact State-
ment for Marlinton, West Virginia Local Protection Project 
dated September 2008: Provided further, That the Federal 
and non-Federal shares shall be determined in accordance 
with the ability-to-pay provisions prescribed in section 
103(m) of the Water Resources Development Act of 1986, 
as amended: Provided further, That the Chief of Engineers 
is directed to use $2,750,000 of the funds appropriated here-
in for planning, engineering, design or construction of the 
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Grundy, Buchanan County, and Dickenson County, Vir-
ginia, elements of the Levisa and Tug Forks of the Big 
Sandy River and Upper Cumberland River Project: Pro-
vided further, That the Chief of Engineers is directed to use 
$4,000,000 of the funds appropriated herein to continue 
planning, engineering, design or construction of the Lower 
Mingo County, Upper Mingo County, Wayne County, 
McDowell County, West Virginia, elements of the Levisa 
and Tug Forks of the Big Sandy River and Upper Cum-
berland River Project: Provided further, That none of the 
funds made available by this Act may be used to carry out 
any portion of the Delaware River Main Channel Deep-
ening Project identified in the committee report accom-
panying this Act that is located in the State of Delaware 
until the date on which the government of the State of Dela-
ware issues an applicable project permit for the Delaware 
River Main Channel Deepening Project. 
MISSISSIPPI RIVER AND TRIBUTARIES 
For expenses necessary for flood damage reduction 
projects and related efforts in the Mississippi River alluvial 
valley below Cape Girardeau, Missouri, as authorized by 
law, $340,000,000, to remain available until expended, of 
which such sums as are necessary to cover the Federal share 
of eligible operation and maintenance costs for inland har-
bors shall be derived from the Harbor Maintenance Trust 
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Fund: Provided, That the Secretary of the Army, acting 
through the Chief of Engineers is directed to use 
$10,000,000 appropriated herein for construction of water 
withdrawal features of the Grand Prairie, Arkansas, 
project. 
OPERATION AND MAINTENANCE 
For expenses necessary for the operation, maintenance, 
and care of existing river and harbor, flood and storm dam-
age reduction, aquatic ecosystem restoration, and related 
projects authorized by law; providing security for infra-
structure owned or operated by the Corps, including admin-
istrative buildings and laboratories; maintaining harbor 
channels provided by a State, municipality, or other public 
agency that serve essential navigation needs of general com-
merce, where authorized by law; surveying and charting 
northern and northwestern lakes and connecting waters; 
clearing and straightening channels; and removing obstruc-
tions to navigation, $2,450,000,000, to remain available 
until expended, of which such sums as are necessary to cover 
the Federal share of eligible operation and maintenance 
costs for coastal harbors and channels, and for inland har-
bors shall be derived from the Harbor Maintenance Trust 
Fund; of which such sums as become available from the spe-
cial account for the Corps established by the Land and 
Water Conservation Act of 1965, as amended (16 U.S.C. 
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460l–6a(i)), shall be derived from that account for resource 
protection, research, interpretation, and maintenance ac-
tivities related to resource protection in the areas at which 
outdoor recreation is available; and of which such sums as 
become available from fees collected under section 217 of the 
Water Resources Development Act of 1996 (Public Law 
104–303), shall be used to cover the cost of operation and 
maintenance of the dredged material disposal facilities for 
which such fees have been collected: Provided, That 1 per-
cent of the total amount of funds provided for each of the 
programs, projects or activities funded under this heading 
shall not be allocated to a field operating activity prior to 
the beginning of the fourth quarter of the fiscal year and 
shall be available for use by the Chief of Engineers to fund 
such emergency activities as the Chief of Engineers deter-
mines to be necessary and appropriate; and that the Chief 
of Engineers shall allocate during the fourth quarter any 
remaining funds which have not been used for emergency 
activities proportionally in accordance with the amounts 
provided for the programs, projects or activities. 
REGULATORY PROGRAM 
For expenses necessary for administration of laws per-
taining to regulation of navigable waters and wetlands, 
$190,000,000, to remain available until expended. 
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FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 
For expenses necessary to clean up contamination 
from sites in the United States resulting from work per-
formed as part of the Nation’s early atomic energy pro-
gram, $140,000,000, to remain available until expended. 
GENERAL EXPENSES 
For expenses necessary for the supervision and general 
administration of the civil works program in the head-
quarters of the United States Army Corps of Engineers, and 
the offices of the Division Engineers; and for the manage-
ment and operation of the Humphreys Engineer Center 
Support Activity, the Institute for Water Resources, the 
United States Army Engineer Research and Development 
Center, and the United States Army Corps of Engineers Fi-
nance Center, $186,000,000, to remain available until ex-
pended, of which not to exceed $5,000 may be used for offi-
cial reception and representation purposes and only during 
the current fiscal year: Provided, That no part of any other 
appropriation provided in title I of this Act shall be avail-
able to fund the civil works activities of the Office of the 
Chief of Engineers or the civil works executive direction and 
management activities of the division offices: Provided fur-
ther, That any Flood Control and Coastal Emergencies ap-
propriation may be used to fund the supervision and gen-
eral administration of emergency operations, repairs, and 
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other activities in response to any flood, hurricane, or other 
natural disaster. 
OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL 
WORKS) 
For the Office of Assistant Secretary of the Army 
(Civil Works) as authorized by 10 U.S.C. 3016(b)(3), 
$5,000,000, to remain available until expended. 
ADMINISTRATIVE PROVISION 
The Revolving Fund, Corps of Engineers, shall be 
available during the current fiscal year for purchase (not 
to exceed 100 for replacement only) and hire of passenger 
motor vehicles for the civil works program. 
GENERAL PROVISIONS, CORPS OF ENGINEERS—CIVIL 
SEC. 101. (a) None of the funds provided in title I 
of this Act, or provided by previous appropriations Acts 
to the agencies or entities funded in title I of this Act that 
remain available for obligation or expenditure in fiscal year 
2010, shall be available for obligation or expenditure 
through a reprogramming of funds that: 
(1) creates or initiates a new program, project, 
or activity; 
(2) eliminates a program, project, or activity; 
(3) increases funds or personnel for any pro-
gram, project, or activity for which funds have been 
denied or restricted by this Act, unless prior approval 
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$300,000: Provided further, That up to $3,000,000 
may be reprogrammed for settled contractor claims, 
changed conditions, or real estate deficiency judg-
ments: Provided further, That up to $300,000 may be 
reprogrammed into any continuing study or activity 
that did not receive an appropriation for existing ob-
ligations and concomitant administrative expenses; 
(8) OPERATION AND MAINTENANCE.—Unlimited 
reprogramming authority is granted in order for the 
Corps to be able to respond to emergencies: Provided, 
That the Chief of Engineers must notify the House 
and Senate Committees on Appropriations of these 
emergency actions as soon thereafter as practicable: 
Provided further, That for a base level over 
$1,000,000, reprogramming of 15 percent of the base 
amount a limit of $5,000,000 per project, study or ac-
tivity is allowed: Provided further, That for a base 
level less than $1,000,000, the reprogramming limit is 
$150,000: Provided further, That $150,000 may be re-
programmed into any continuing study or activity 
that did not receive an appropriation; 
(9) MISSISSIPPI RIVER AND TRIBUTARIES.—The 
same reprogramming guidelines for the Investiga-
tions, Construction, and Operation and Maintenance 
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portions of the Mississippi River and Tributaries Ac-
count as listed above; and 
(10) FORMERLY UTILIZED SITES REMEDIAL AC-
TION PROGRAM.—Reprogramming of up to 15 percent 
of the base of the receiving project is permitted. 
(b) CONTINUING AUTHORITIES PROGRAM.—Subsection 
(a)(1) shall not apply to any project or activity funded 
under the continuing authorities program. 
(c) Not later than 60 days after the date of enactment 
of this Act, the Corps of Engineers shall submit a report 
to the House and Senate Committees on Appropriations to 
establish the baseline for application of reprogramming and 
transfer authorities for the current fiscal year: Provided, 
That the report shall include: 
(1) A table for each appropriation with a sepa-
rate column to display the President’s budget request, 
adjustments made by Congress, adjustments due to 
enacted rescissions, if appropriate, and the fiscal year 
enacted level; 
(2) A delineation in the table for each appro-
priation both by object class and program, project 
and activity as detailed in the budget appendix for 
the respective appropriations; and 
(3) An identification of items of special congres-
sional interest. 
VerDate Nov 24 2008 
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SEC. 102. None of the funds in this Act, or previous 
Acts, making funds available for Energy and Water Devel-
opment, shall be used to implement any pending or future 
competitive sourcing actions under OMB Circular A–76 or 
High Performing Organizations for the U.S. Army Corps 
of Engineers. 
SEC. 103. Within 90 days of the date of the Chief of 
Engineers Report on a water resource matter, the Assistant 
Secretary of the Army (Civil Works) shall submit the report 
to the appropriate authorizing and appropriating commit-
tees of the Congress. 
WATER REALLOCATION, LAKE CUMBERLAND, KENTUCKY 
SEC. 104. (a) IN GENERAL.—Subject to subsection (b), 
none of the funds made available by this Act may be used 
to carry out any water reallocation project or component 
under the Wolf Creek Project, Lake Cumberland, Kentucky, 
authorized under the Act of June 28, 1938 (52 Stat. 1215, 
ch. 795) and the Act of July 24, 1946 (60 Stat. 636, ch. 
595). 
(b) EXISTING REALLOCATIONS.—Subsection (a) shall 
not apply to any water reallocation for Lake Cumberland, 
Kentucky, that is carried out subject to an agreement or 
payment schedule in effect on the date of enactment of this 
Act. 
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SEC. 105. None of the funds in this Act, or previous 
Acts, making funds available for Energy and Water Devel-
opment shall be used to award any continuing contract that 
commits additional funding from the Inland Waterway 
Trust Fund unless or until such time that a permanent so-
lution long-term mechanism to enhance revenues in the 
fund is enacted. 
SEC. 106. Section 592(g) of Public Law 106–53 (113 
Stat. 380), as amended by section 120 of Public Law 108– 
137 (117 Stat. 1837) and section 5097 of Public Law 110– 
114 (121 Stat. 1233), is further amended by striking 
‘‘$110,000,000’’ and inserting ‘‘$200,000,000’’ in lieu there-
of. 
SEC. 107. The project for flood control, Big Sioux 
River and Skunk Creek, Sioux Falls, South Dakota author-
ized by section 101(a)(28) of the Water Resources Develop-
ment Act of 1996 (Public Law 104–303; 110 Stat. 3666), 
is modified to authorize the Secretary to construct the 
project at an estimated total cost of $53,500,000, with an 
estimated Federal cost of $37,700,000 and an estimated 
non-Federal cost of $15,800,000. 
SEC. 108. Section 595(h) of Public Law 106–53 (113 
Stat. 384), as amended by section 5067 of Public Law 110– 
114 (121 Stat. 1219), is further amended by— 
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(1) striking the phrase ‘‘$25,000,000 for each of 
Montana and New Mexico’’ and inserting the fol-
lowing language in lieu thereof: ‘‘$75,000,000 for 
Montana, $25,000,000 for New Mexico’’; and 
(2) 
striking 
‘‘$50,000,000’’ 
and 
inserting 
‘‘$100,000,000’’ in lieu thereof. 
SEC. 109. The project for flood damage reduction, Des 
Moines and Raccoon Rivers, Des Moines Iowa, authorized 
by section 1001(21) of the Water Resources Development Act 
of 2007 (121 Stat. 1053), is modified to authorize the Sec-
retary to construct the project at a total cost of $16,500,000 
with an estimated Federal cost of $10,725,000 and an esti-
mated non-Federal cost of $5,775,000. 
SEC. 110. The project for flood damage reduction, 
Breckenridge, Minnesota, authorized by section 320 of the 
Water Resources Development Act of 2000 (Public Law 
106–541; 114 Stat. 2605), is modified to authorize the Sec-
retary to construct the project at a total cost of $39,360,000 
with an estimated Federal cost of $25,000,000 and an esti-
mated non-Federal cost of $14,360,000. 
SEC. 111. Section 122 of title I of division D of the 
Consolidated Appropriations Resolution, 2003 (Public Law 
108–7; 
117 
Stat. 
141) 
is 
amended 
by 
striking 
‘‘$10,000,000’’ and inserting ‘‘$27,000,000’’ in lieu thereof. 
VerDate Nov 24 2008 
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SEC. 112. The Secretary of the Army is authorized to 
carry out structural and non-structural projects for storm 
damage prevention and reduction, coastal erosion, and ice 
and glacial damage in Alaska, including relocation of af-
fected communities and construction of replacement facili-
ties: Provided, That the non-Federal share of any project 
carried out pursuant to this section shall be no more than 
35 percent of the total cost of the project and shall be subject 
to the ability of the non-Federal interest to pay, as deter-
mined in accordance with 33 U.S.C. 2213(m). 
SEC. 113. Section 3111(1) of the Water Resources De-
velopment Act, 2007 (Public Law 110–114; 121 Stat. 1041) 
is amended by inserting after the word ‘‘before’’, the fol-
lowing: ‘‘, on and after’’. 
SEC. 114. The flood control project for West Sac-
ramento, California, authorized by section 101(4), Water 
Resources Development Act, 1992, Public Law 102–580; 
Energy and Water Development Appropriations Act, 1999, 
Public Law 105–245, is modified to authorize the Secretary 
of Army, acting through the Chief of Engineers, to construct 
the project at a total cost of $53,040,000 with an estimated 
first Federal cost of $38,355,000 and an estimated non-Fed-
eral first cost of $14,685,000. 
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(RESCISSION) 
SEC. 115. The amount of $2,100,000 made available 
in division C, of Public Law 111–8, under the heading 
‘‘Mississippi River and Tributaries’’ for site restoration of 
the St. Johns Bayou-New Madrid Floodway, Missouri, 
project less any funds needed for contract termination, are 
hereby rescinded and $2,100,000 is appropriated under the 
heading ‘‘Mississippi River and Tributaries’’ for the Mis-
sissippi Channel Improvement, Arkansas, Illinois, Ken-
tucky, Louisiana, Mississippi, Missouri, and Tennessee con-
struction project. 
(RESCISSION) 
SEC. 116. The amount of $1,800,000 made available 
in division C, of Public Law 111–8, under the heading 
‘‘Construction, General’’ for site restoration of the St. Johns 
Bayou-New Madrid Floodway, Missouri, project less any 
funds needed for contract termination, and are hereby re-
scinded and $1,800,000 is appropriated under the heading 
‘‘Construction, General’’ for section 206 (Public Law 104– 
303), Aquatic Ecosystem Restoration, as amended. 
PROJECT FOR PERMANENT PUMPS AND CLOSURE 
STRUCTURES, LAKE PONTCHARTRAIN, LOUISIANA 
SEC. 117. (a) DEFINITIONS.—In this section: 
(1) PROJECT.—The term ‘‘project’’ means the 
project for permanent pumps and closure structures 
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at or near the lakefront at Lake Pontchartrain and 
modifications to the 17th Street, Orleans Avenue, and 
London Avenue canals in and near the city of New 
Orleans that is— 
(A) authorized by the matter under the 
heading ‘‘GENERAL PROJECTS’’ in section 204 of 
the Flood Control Act of 1965 (Public Law 89– 
298; 79 Stat. 1077); and 
(B) modified by— 
(i) the matter under the heading 
‘‘FLOOD
CONTROL
AND
COASTAL
EMER-
GENCIES
(INCLUDING
RESCISSION
OF 
FUNDS)’’ under the heading ‘‘CORPS OF EN-
GINEERS—CIVIL’’ under the heading ‘‘DE-
PARTMENT OF THE ARMY’’ under the 
heading 
‘‘DEPARTMENT 
OF 
DE-
FENSE—CIVIL’’ of chapter 3 of title II of 
the Emergency Supplemental Appropria-
tions Act for Defense, the Global War on 
Terror, and Hurricane Recovery, 2006 
(Public Law 109–234; 120 Stat. 454); 
(ii) section 7012(a)(2) of the Water Re-
sources Development Act of 2007 (Public 
Law 110–114; 121 Stat. 1279); and 
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(iii) the matter under the heading 
‘‘FLOOD
CONTROL
AND
COASTAL
EMER-
GENCIES’’ under the heading ‘‘CORPS
OF 
ENGINEERS—CIVIL’’ under the heading 
‘‘DEPARTMENT OF THE ARMY’’ under 
the heading ‘‘DEPARTMENT OF DE-
FENSE—CIVIL’’ of chapter 3 of title III of 
the Supplemental Appropriations Act, 2008 
(Public Law 110–252; 122 Stat. 2349). 
(2) PUMPING
STATION
REPORT.—The term 
‘‘pumping station report’’ means the report— 
(A) prepared by the Secretary that contains 
the results of the investigation required under 
section 4303 of the U.S. Troop Readiness, Vet-
erans’ Care, Katrina Recovery, and Iraq Ac-
countability Appropriations Act, 2007 (Public 
Law 110–28; 121 Stat. 154); and 
(B) dated August 30, 2007. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Army, acting through the Chief 
of Engineers. 
(b) STUDY.— 
(1) IN GENERAL.—In implementing the project, 
not later than 1 year after the date of enactment of 
this Act, the Secretary shall complete a study of the 
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residual risks associated with the options identified as 
‘‘Option 1’’, ‘‘Option 2’’, and ‘‘Option 2a’’, as de-
scribed in the pumping station report. 
(2) REQUIREMENTS.—In carrying out the study 
under paragraph (1), the Secretary shall identify 
which option described in that paragraph— 
(A) is most technically advantageous; 
(B) is most effective from an operational 
perspective in providing the greatest long-term 
reliability in reducing the risk of flooding to the 
New Orleans area; 
(C) is most advantageous considering the 
engineering challenges and construction complex-
ities of each option; and 
(D) is most cost-effective. 
(3) INDEPENDENT EXTERNAL PEER REVIEW.— 
(A) DUTY OF SECRETARY.—In accordance 
with Section 2034 of the Water Resource Devel-
opment Act of 2007, the Chief shall carry out an 
independent external peer review of— 
(i) the results of the study under para-
graph (1); and 
(ii) each cost estimate completed for 
each option described in paragraph (1). 
(B) REPORT.— 
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(i) IN GENERAL.—Not later than 90 
days after the date of completion of the 
independent external peer review under sub-
paragraph (A), in accordance with clause 
(ii), the Secretary shall submit a report 
to— 
(I) the Committee on Environ-
ment and Public Works of the Senate; 
(II) the Committee on Appropria-
tions of the Senate; 
(III) the Committee on Transpor-
tation and Infrastructure of the House 
of Representatives; and 
(IV) the Committee on Appropria-
tions of the House of Representatives. 
(ii) CONTENTS.—The report described 
in clause (i) shall contain— 
(I) the results of the study de-
scribed in paragraph (1); 
(II) a description of the findings 
of the independent external peer review 
carried out under subparagraph (A); 
and 
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(III) a written response for any 
recommendations 
adopted 
or 
not 
adopted from the peer review. 
(4) SUSPENSION OF CERTAIN ACTIVITIES.—The 
Secretary shall suspend each activity of the Secretary 
that would result in the design and construction of 
any pumping station covered by the pumping station 
report unless the activity is consistent with each op-
tion described in paragraph (1). 
(5) FEASIBILITY REPORT.—Within 18 months of 
enactment of this Act, the Secretary shall submit to 
the Committee on Environment and Public Works of 
the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a re-
port that contains a feasibility level of analysis (in-
cluding a cost estimate) for the project, as modified 
under this subsection. 
(6) FUNDING.—In carrying out this subsection, 
the Secretary shall use amounts made available to 
modify the 17th Street, Orleans Avenue, and London 
Avenue drainage canals and install pumps and clo-
sure structures at or near the lakefront in the first 
proviso in the matter under the heading ‘‘FLOOD CON-
TROL AND COASTAL EMERGENCIES (INCLUDING RE-
SCISSION OF FUNDS)’’ under the heading ‘‘CORPS OF 
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ENGINEERS—CIVIL’’ under the heading ‘‘DEPART-
MENT OF THE ARMY’’ under the heading ‘‘DE-
PARTMENT OF DEFENSE—CIVIL’’ of chapter 3 
of title II of the Emergency Supplemental Appropria-
tions Act for Defense, the Global War on Terror, and 
Hurricane Recovery, 2006 (Public Law 109–234; 120 
Stat. 454). 
TEN MILE CREEK WATER PRESERVE AREA 
SEC. 118. Section 528(b)(3)(C)(ii) of the Water Re-
sources Development Act of 1996 (110 Stat. 3769; 121 Stat. 
1270) is amended— 
(1) in subclause (I), by striking ‘‘subclause (II)’’ 
and inserting ‘‘subclauses (II) and (III)’’; and 
(2) by adding at the end the following: 
‘‘(III) TEN
MILE
CREEK
WATER 
PRESERVE
AREA.—The Federal share 
of the cost of the Ten Mile Creek Water 
Preserve Area may exceed $25,000,000 
by an amount equal to not more than 
$3,500,000, which shall be used to pay 
the Federal share of the cost of— 
‘‘(aa) the completion of a 
post authorization change report; 
and 
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‘‘(bb) the maintenance of the 
Ten Mile Creek Water Preserve 
Area in caretaker status through 
fiscal year 2013.’’. 
SEC. 119. As soon as practicable after the date of en-
actment of this Act, from funds made available before the 
date of enactment of this Act for the Tampa Harbor Big 
Bend Channel project, the Secretary of the Army may reim-
burse the non-Federal sponsor of the Tampa Harbor Big 
Bend Channel project for the Federal share of the dredging 
work carried out for the project. 
TITLE II 
DEPARTMENT OF THE INTERIOR 
CENTRAL UTAH PROJECT 
CENTRAL UTAH PROJECT COMPLETION ACCOUNT 
For carrying out activities authorized by the Central 
Utah Project Completion Act, $40,300,000, to remain avail-
able until expended, of which $1,500,000 shall be deposited 
into the Utah Reclamation Mitigation and Conservation 
Account for use by the Utah Reclamation Mitigation and 
Conservation Commission. In addition, for necessary ex-
penses incurred in carrying out related responsibilities of 
the Secretary of the Interior, $1,704,000, to remain avail-
able until expended. For fiscal year 2010, the Commission 
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may use an amount not to exceed $1,500,000 for adminis-
trative expenses. 
BUREAU OF RECLAMATION 
The following appropriations shall be expended to exe-
cute authorized functions of the Bureau of Reclamation: 
WATER AND RELATED RESOURCES 
(INCLUDING TRANSFERS OF FUNDS) 
For management, development, and restoration of 
water and related natural resources and for related activi-
ties, including the operation, maintenance, and rehabilita-
tion of reclamation and other facilities, participation in 
fulfilling related Federal responsibilities to Native Ameri-
cans, and related grants to, and cooperative and other 
agreements with, State and local governments, federally rec-
ognized Indian tribes, and others, $993,125,000, to remain 
available until expended, of which $53,240,000 shall be 
available for transfer to the Upper Colorado River Basin 
Fund and $17,936,000 shall be available for transfer to the 
Lower Colorado River Basin Development Fund; of which 
such amounts as may be necessary may be advanced to the 
Colorado River Dam Fund; of which not more than 
$500,000 is for high priority projects which shall be carried 
out by the Youth Conservation Corps, as authorized by 16 
U.S.C. 1706: Provided, That such transfers may be in-
creased or decreased within the overall appropriation under 
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this heading: Provided further, That of the total appro-
priated, the amount for program activities that can be fi-
nanced by the Reclamation Fund or the Bureau of Rec-
lamation special fee account established by 16 U.S.C. 460l– 
6a(i) shall be derived from that Fund or account: Provided 
further, That funds contributed under 43 U.S.C. 395 are 
available until expended for the purposes for which contrib-
uted: Provided further, That funds advanced under 43 
U.S.C. 397a shall be credited to this account and are avail-
able until expended for the same purposes as the sums ap-
propriated under this heading: Provided further, That 
funds available for expenditure for the Departmental Irri-
gation Drainage Program may be expended by the Bureau 
of Reclamation for site remediation on a nonreimbursable 
basis. 
CENTRAL VALLEY PROJECT RESTORATION FUND 
For carrying out the programs, projects, plans, habitat 
restoration, improvement, and acquisition provisions of the 
Central Valley Project Improvement Act, $35,358,000, to be 
derived from such sums as may be collected in the Central 
Valley Project Restoration Fund pursuant to sections 
3407(d), 3404(c)(3), and 3405(f) of Public Law 102–575, 
to remain available until expended: Provided, That the Bu-
reau of Reclamation is directed to assess and collect the full 
amount of the additional mitigation and restoration pay-
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ments authorized by section 3407(d) of Public Law 102– 
575: Provided further, That none of the funds made avail-
able under this heading may be used for the acquisition or 
leasing of water for in-stream purposes if the water is al-
ready committed to in-stream purposes by a court adopted 
decree or order. 
CALIFORNIA BAY-DELTA RESTORATION 
(INCLUDING TRANSFERS 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, $41,000,000, 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 further, That 
the use of any funds provided to the California Bay-Delta 
Authority for program-wide management and oversight ac-
tivities shall be subject to the approval of the Secretary of 
the Interior: Provided further, That CALFED implementa-
tion shall be carried out in a balanced manner with clear 
performance measures demonstrating concurrent progress 
in achieving the goals and objectives of the Program. 
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POLICY AND ADMINISTRATION 
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, 
$61,200,000, to be derived from the Reclamation Fund and 
be nonreimbursable as provided in 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. 
ADMINISTRATIVE PROVISION 
Appropriations for the Bureau of Reclamation shall 
be available for purchase of not to exceed seven passenger 
motor vehicles, which are for replacement only. 
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR 
SEC. 201. (a) None of the funds provided in title II 
of this Act for Water and Related Resources, or provided 
by previous appropriations Acts to the agencies or entities 
funded in title II of this Act for Water and Related Re-
sources that remain available for obligation or expenditure 
in fiscal year 2010, shall be available for obligation or ex-
penditure through a reprogramming of funds that— 
(1) initiates or creates a new program, project, 
or activity; 
(2) eliminates a program, project, or activity; 
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(3) increases funds for any program, project, or 
activity for which funds have been denied or restricted 
by this Act, unless prior approval is received from the 
Committees on Appropriations of the House of Rep-
resentatives and the Senate; 
(4) restarts or resumes any program, project or 
activity for which funds are not provided in this Act, 
unless prior approval is received from the Committees 
on Appropriations of the House of Representatives 
and the Senate; 
(5) transfers funds in excess of the following lim-
its, unless prior approval is received from the Com-
mittees on Appropriations of the House of Represent-
atives and the Senate: 
(A) 15 percent for any program, project or 
activity for which $2,000,000 or more is avail-
able at the beginning of the fiscal year; or 
(B) $300,000 for any program, project or 
activity for which less than $2,000,000 is avail-
able at the beginning of the fiscal year; 
(6) transfers more than $500,000 from either the 
Facilities Operation, Maintenance, and Rehabilita-
tion category or the Resources Management and De-
velopment category to any program, project, or activ-
ity in the other category, unless prior approval is re-
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ceived from the Committees on Appropriations of the 
House of Representatives and the Senate; or 
(7) transfers, where necessary to discharge legal 
obligations of the Bureau of Reclamation, more than 
$5,000,000 to provide adequate funds for settled con-
tractor claims, increased contractor earnings due to 
accelerated rates of operations, and real estate defi-
ciency judgments, unless prior approval is received 
from the Committees on Appropriations of the House 
of Representatives and the Senate. 
(b) Subsection (a)(5) shall not apply to any transfer 
of funds within the Facilities Operation, Maintenance, and 
Rehabilitation category. 
(c) For purposes of this section, the term ‘‘transfer’’ 
means any movement of funds into or out of a program, 
project, or activity. 
(d) The Bureau of Reclamation shall submit reports 
on a quarterly basis to the Committees on Appropriations 
of the House of Representatives and the Senate detailing 
all the funds reprogrammed between programs, projects, ac-
tivities, or categories of funding. The first quarterly report 
shall be submitted not later than 60 days after the date of 
enactment of this Act. 
SEC. 202. (a) None of the funds appropriated or other-
wise made available by this Act may be used to determine 
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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 Envi-
ronmental Protection Agency, to minimize any detrimental 
effect of the San Luis drainage waters. 
(b) The costs of the Kesterson Reservoir Cleanup Pro-
gram and the costs of the San Joaquin Valley Drainage 
Program shall be classified by the Secretary of the Interior 
as reimbursable or nonreimbursable and collected until fully 
repaid pursuant to the ‘‘Cleanup Program-Alternative Re-
payment Plan’’ and the ‘‘SJVDP-Alternative Repayment 
Plan’’ described in the report entitled ‘‘Repayment Report, 
Kesterson Reservoir Cleanup Program and San Joaquin 
Valley Drainage Program, February 1995’’, prepared by 
the Department of the Interior, Bureau of Reclamation. 
Any future obligations of funds by the United States relat-
ing to, or providing for, drainage service or drainage stud-
ies for the San Luis Unit shall be fully reimbursable by 
San Luis Unit beneficiaries of such service or studies pur-
suant to Federal reclamation law. 
SEC. 203. None of the funds appropriated or otherwise 
made available by this or any other Act may be used to 
pay the salaries and expenses of personnel to purchase or 
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lease water in the Middle Rio Grande or the Carlsbad 
Projects in New Mexico unless said purchase or lease is in 
compliance with the purchase requirements of section 202 
of Public Law 106–60. 
SEC. 204. Funds under this title for Drought Emer-
gency Assistance shall be made available primarily for leas-
ing of water for specified drought related purposes from 
willing lessors, in compliance with existing State laws and 
administered under State water priority allocation. 
SEC. 205. Section 9 of the Fort Peck Reservation Rural 
Water System Act of 2000 (Public Law 106–382; 114 Stat. 
1457) is amended by striking ‘‘over a period of 10 fiscal 
years’’ each place it appears in subsections (a)(1) and (b) 
and inserting ‘‘through fiscal year 2015’’. 
SEC. 206. Section 208(a) of the Energy and Water De-
velopment Appropriations Act, 2006 (Public Law 109–103; 
119 Stat. 2268), is amended— 
(1) in paragraph (1)— 
(A) by redesignating clauses (i) through (iv) 
of subparagraph (B) as subclauses (I) through 
(IV), respectively, and indenting the subclauses 
appropriately; 
(B) by redesignating subparagraphs (A) 
and (B) as clauses (i) and (ii), respectively, and 
indenting the clauses appropriately; 
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(C) by striking ‘‘(a)(1) Using’’ and insert-
ing the following: 
‘‘(a) ACTION BY SECRETARY.— 
‘‘(1) PROVISION OF FUNDS.— 
‘‘(A) IN GENERAL.—Using’’; 
(D) in subparagraph (A) (as so redesig-
nated)— 
(i) in the matter preceding clause (i) 
(as so redesignated), by inserting ‘‘or the 
National Fish and Wildlife Foundation’’ 
after ‘‘University of Nevada’’; 
(ii) in clause (i) (as so redesignated), 
by striking ‘‘, Nevada; and’’ and inserting 
a semicolon; 
(iii) in clause (ii)(IV) (as so redesig-
nated), by striking the period at the end 
and inserting ‘‘; and’’; and 
(iv) by adding at the end the following: 
‘‘(iii) to design and implement con-
servation and stewardship measures to ad-
dress impacts from activities carried out— 
‘‘(I) under clause (i); and 
‘‘(II) in conjunction with willing 
landowners.’’; and 
(E) by adding at the end the following: 
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‘‘(B) NATIONAL FISH AND WILDLIFE FOUN-
DATION.— 
‘‘(i) DATE
OF
PROVISION.—The Sec-
retary shall provide funds to the National 
Fish and Wildlife Foundation pursuant to 
subparagraph (A) in an advance payment 
of the available amount— 
‘‘(I) on the date of enactment of 
the Energy and Water Development 
and Related Agencies Appropriations 
Act, 2010; or 
‘‘(II) as soon as practicable after 
that date of enactment. 
‘‘(ii) REQUIREMENTS.— 
‘‘(I) IN GENERAL.—Except as pro-
vided in subclause (II), the funds pro-
vided under clause (i) shall be subject 
to the National Fish and Wildlife 
Foundation Establishment Act (16 
U.S.C. 3701 et seq.), in accordance 
with section 10(b)(1) of that Act (16 
U.S.C. 3709(b)(1)). 
‘‘(II) EXCEPTIONS.—Sections 4(e) 
and 10(b)(2) of the National Fish and 
Wildlife Foundation Establishment Act 
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(16 U.S.C. 3703(e), 3709(b)(2)), and 
the provision of subsection (c)(2) of sec-
tion 4 of that Act (16 U.S.C. 3703) re-
lating to subsection (e) of that section, 
shall not apply to the funds provided 
under clause (i).’’; and 
(2) in paragraph (2)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘paragraph (1)(A)’’ and all that 
follows through ‘‘beneficial to—’’ and inserting 
‘‘paragraph (1)(A)(i), the University of Nevada 
or the National Fish and Wildlife Foundation 
shall make acquisitions that the University or 
the Foundation determines to be the most bene-
ficial to—’’; and 
(B) in subparagraph (A), by striking 
‘‘paragraph (1)(B)’’ and inserting ‘‘paragraph 
(1)(A)(ii)’’. 
SEC. 207. Section 2507(b) of the Farm Security and 
Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public 
Law 107–171) is amended— 
(1) in paragraph (1), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (2), by striking the period at 
the end and inserting ‘‘; and’’; and 
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(3) by adding at the end the following: 
‘‘(3) for efforts consistent with researching, sup-
porting, and conserving fish, wildlife, plant, and 
habitat resources in the Walker River Basin.’’. 
SEC. 208. (a) Of the 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 Commis-
sioner of Reclamation, shall— 
(1) 
provide, 
in 
accordance 
with 
section 
208(a)(1)(A)(i) of the Energy and Water Development 
Appropriations Act, 2006 (Public Law 109–103; 119 
Stat. 2268), and subject to subsection (b), $66,200,000 
to establish the Walker Basin Restoration Program 
for the primary purpose of restoring and maintaining 
Walker Lake, a natural desert terminal lake in the 
State of Nevada, consistent with protection of the eco-
logical health of the Walker River and the riparian 
and watershed resources of the West, East, and Main 
Walker Rivers; and 
(2) allocate— 
(A) acting through a nonprofit conservation 
organization that is acting in consultation with 
the 
Truckee 
Meadows 
Water 
Authority, 
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$2,000,000, to remain available until expended, 
for— 
(i) the acquisition of land surrounding 
Independence Lake; and 
(ii) protection of the native fishery and 
water quality of Independence Lake, as de-
termined by the nonprofit conservation or-
ganization; 
(B) $5,000,000 to provide grants of equal 
amounts to the State of Nevada, the State of 
California, the Truckee Meadows Water Author-
ity, the Pyramid Lake Paiute Tribe, and the 
Federal Watermaster of the Truckee River to im-
plement 
the 
Truckee-Carson-Pyramid 
Lake 
Water Rights Settlement Act (Public Law 101– 
618; 104 Stat. 3289); 
(C) $1,500,000, to be divided equally by the 
city of Fernley, Nevada, and the Pyramid Lake 
Paiute Tribe, for joint planning and develop-
ment activities for water, wastewater, and sewer 
facilities; and 
(D) $1,000,000 to the United States Geo-
logical Survey to design and implement, in con-
sultation and cooperation with other Federal de-
partments and agencies, State and tribal govern-
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ments, and other water management and con-
servation organizations, a water monitoring pro-
gram for the Walker River Basin. 
(b)(1) The amount made available under subsection 
(a)(1) shall be— 
(A) used, consistent with the primary purpose 
set forth in subsection (a)(1), to support efforts to pre-
serve Walker Lake while protecting agricultural, envi-
ronmental, and habitat interests in the Walker River 
Basin; and 
(B) allocated as follows: 
(i) $25,000,000 to the Walker River Irriga-
tion District, acting in accordance with an 
agreement between that District and the Na-
tional Fish and Wildlife Foundation— 
(I) to administer and manage a 3-year 
water leasing demonstration program in the 
Walker River Basin to increase Walker 
Lake inflows; and 
(II) for use in obtaining information 
regarding the establishment, budget, and 
scope of a longer-term leasing program. 
(ii) $25,000,000 to advance the acquisition 
of water and related interests from willing sellers 
authorized by section 208(a)(1)(A)(i) of the En-
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ergy and Water Development Appropriations 
Act, 2006 (Public Law 109–103; 119 Stat. 
2268). 
(iii) $1,000,000 for activities relating to the 
exercise of acquired option agreements and im-
plementation of the water leasing demonstration 
program, including but not limited to the pur-
suit of change applications, approvals, and 
agreements pertaining to the exercise of water 
rights and leases acquired under the program. 
(iv) $10,000,000 for associated conservation 
and stewardship activities, including water con-
servation and management, watershed planning, 
land stewardship, habitat restoration, and the es-
tablishment of a local, nonprofit entity to hold 
and exercise water rights acquired by, and to 
achieve the purposes of, the Walker Basin Res-
toration Program. 
(v) $5,000,000 to the University of Nevada, 
Reno, and the Desert Research Institute— 
(I) for additional research to supple-
ment the water rights research conducted 
under section 208(a)(1)(A)(ii) of the Energy 
and Water Development Appropriations 
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Act, 2006 (Public Law 109–103; 119 Stat. 
2268); 
(II) to conduct an annual evaluation 
of the results of the activities carried out 
under clauses (i) and (ii); and 
(III) to support and provide informa-
tion to the programs described in this sub-
paragraph and related acquisition and 
stewardship initiatives to preserve Walker 
Lake and protect agricultural, environ-
mental, and habitat interests in the Walker 
River Basin. 
(vi) $200,000 to support alternative crops 
and alternative agricultural cooperatives pro-
grams in Lyon County, Nevada, that promote 
water conservation in the Walker River Basin. 
(2)(A) The amount made available under subsection 
(a)(1) shall be provided to the National Fish and Wildlife 
Foundation— 
(i) in an advance payment of the entire 
amount— 
(I) on the date of enactment of this 
Act; or 
(II) as soon as practicable after that 
date of enactment; and 
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(ii) except as provided in subparagraph 
(B), subject to the National Fish and Wildlife 
Foundation Establishment Act (16 U.S.C. 3701 
et seq.), in accordance with section 10(b)(1) of 
that Act (16 U.S.C. 3709(b)(1)). 
(B) Sections 4(e) and 10(b)(2) of the National 
Fish and Wildlife Foundation Establishment Act (16 
U.S.C. 3703(e), 3709(b)(2)), and the provision of sub-
section (c)(2) of section 4 of that Act (16 U.S.C. 3703) 
relating to subsection (e) of that section, shall not 
apply to the amount made available under subsection 
(a)(1). 
SEC. 209. Notwithstanding the provisions of section 
11(c) of Public Law 89–108, as amended by section 9 of 
Public Law 99–294, the Commissioner is directed to modify 
the April 9, 2002, Grant Agreement Between Bureau of Rec-
lamation and North Dakota Natural Resources Trust to 
provide funding for the Trust to continue its investment 
program/Agreement No. 02FG601633 to authorize the North 
Dakota Natural Resources Trust Board of Directors to ex-
pend all or any portion of the funding allocation received 
pursuant to section 11(a)(2)(B) of the Dakota Water Re-
sources Act of 2000 for the purpose of operations of the Nat-
ural Resource Trust whether such amounts are principal 
or received as investment income: Provided, That oper-
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ational expenses that may be funded from the principal al-
location shall not exceed 105 percent of the previous fiscal 
year’s operating costs: Provided further, That the Commis-
sioner of Reclamation is authorized to include in such 
modified agreement with the Trust authorized under this 
section appropriate provisions regarding the repayment of 
any funds that constitute principal from the Trust Funds. 
SEC. 210. Title I of Public Law 108–361 is amended 
by striking ‘‘2010’’ wherever it appears and inserting 
‘‘2015’’ in lieu thereof. 
SEC. 211. (a) Section 3405(a)(1)(M) of Public Law 
102–575 (106 Stat. 4709) is amended by striking ‘‘coun-
tries’’ and inserting ‘‘counties’’. 
(b) A transfer of water between a Friant Division con-
tractor and a south-of-Delta CVP agricultural water service 
contractor, approved during a two-year period beginning 
on the date of enactment of this Act shall, be deemed to 
meet the conditions set forth in subparagraphs (A) and (I) 
of section 3405(a)(1) of Public Law 102–575 (106 Stat. 
4709) if the transfer under this clause— 
(1) does not interfere with the San Joaquin 
River Restoration Settlement Act (part I of subtitle A 
of title X of Public Law 111–11; 123 Stat. 1349) (in-
cluding 
the 
priorities 
described 
in 
section 
10004(a)(4)(B) of that Act relating to implementation 
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of paragraph 16 of the Settlement), and the Settle-
ment (as defined in section 10003 of that Act); and 
(2) is completed by September 30, 2012. 
(c) As soon as practicable after the date of enactment 
of this Act, the Secretary of the Interior, acting through the 
Director of the United States Fish and Wildlife Service, 
shall revise, finalize, and implement the applicable draft 
recovery plan for the Giant Garter Snake (Thamnophis 
gigas). 
SEC. 212. Section 805(a)(2) of Public Law 106–541 
(114 Stat. 2704) is amended by striking ‘‘2010’’ each place 
it appears and inserting ‘‘2013’’. 
TITLE III 
DEPARTMENT OF ENERGY 
ENERGY PROGRAMS 
ENERGY EFFICIENCY AND RENEWABLE ENERGY 
For Department of Energy expenses including the pur-
chase, construction, and acquisition of plant and capital 
equipment, and other expenses necessary for energy effi-
ciency 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 con-
demnation of any real property or any facility or for plant 
or 
facility 
acquisition, 
construction, 
or 
expansion, 
$2,233,967,000, to remain available until expended: Pro-
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or 
facility 
acquisition, 
construction, 
or 
expansion, 
$259,829,000, to remain available until expended. 
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 Atom-
ic Energy Act of 1954, and title X, subtitle A, of the Energy 
Policy Act of 1992, $588,322,000, to be derived from the 
Uranium Enrichment Decontamination and Decommis-
sioning Fund, to remain available until expended. 
SCIENCE 
For Department of Energy expenses including the pur-
chase, construction and acquisition of plant and capital 
equipment, and other expenses necessary for science activi-
ties in carrying out the purposes of the Department of En-
ergy Organization Act (42 U.S.C. 7101 et seq.), including 
the acquisition or condemnation of any real property or 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not to exceed 50 passenger 
motor vehicles for replacement only, including one law en-
forcement vehicle, two ambulances, and three buses, 
$4,898,832,000, to remain available until expended: Pro-
vided, That, of the amount appropriated in this paragraph, 
$41,150,000 shall be used for projects specified in the table 
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