H. R. 1105—96 
provided 7.5 percent of the funds provided shall be made available 
to affected units of local government in California with the balance 
made available to affected units of local government in Nevada 
for distribution as determined by the Nevada units of local govern-
ment: Provided further, That this funding shall be provided to 
affected units of local government, as defined in the NWPA: Pro-
vided 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 respon-
sibilities over amounts provided to affected units of local govern-
ment: Provided further, That the funds for the State of Nevada 
shall be made available solely to the Office of the Attorney General 
by direct payment and to units of local government by direct pay-
ment: Provided further, That within 90 days of the completion 
of each Federal fiscal year, the Office of the Attorney General 
of the State of Nevada and each of the affected units of local 
government shall provide certification to the Department of Energy 
that all funds expended from such payments have been expended 
for activities authorized by the NWPA and this Act: Provided fur-
ther, 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 appro-
priated may be: (1) used directly or indirectly to influence legislative 
action, except for normal and recognized executive-legislative 
communications, on any matter pending before Congress or a State 
legislature or for lobbying activity as provided in 18 U.S.C. 1913; 
(2) used for litigation 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 pro-
ceeds and recoveries realized by the Secretary in carrying out 
activities authorized by the NWPA, including but not limited to, 
any proceeds from the sale of assets, shall be available without 
further appropriation and shall remain available until expended: 
Provided further, That no funds provided 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 Department 
of Energy, or to withhold payment of any such funds: Provided 
further, That, of the amount appropriated in this paragraph, 
$1,855,425 shall be used for projects specified in the table that 
appears under the heading ‘‘Congressionally Directed Nuclear 
Waste Disposal Projects’’ in the text and table under this heading 
in the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act). 
TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM 
Subject to section 502 of the Congressional Budget Act of 1974, 
commitments to guarantee loans under title XVII of the Energy 
Policy Act of 2005, shall not exceed a total principal amount of 
$47,000,000,000 for eligible projects, to remain available until com-
mitted, and of which $18,500,000,000 shall be for nuclear power 
facilities: Provided, That these amounts are in addition to the
H. R. 1105—97 
authority provided under section 20320 of Division B of Public 
Law 109–289, as amended by Public Law 110–5: Provided further, 
That such sums as are derived from amounts received from bor-
rowers pursuant to section 1702(b)(2) of the Energy Policy Act 
of 2005 under this heading in this and prior Acts, shall be collected 
in accordance with section 502(7) of the Congressional Budget Act 
of 1974: Provided further, That the source of such payment received 
from borrowers is not a loan or other debt obligation that is guaran-
teed by the Federal Government: Provided further, That pursuant 
to section 1702(b)(2) of the Energy Policy Act of 2005, no appropria-
tions are available to pay the subsidy cost of such guarantees: 
Provided further, That for necessary administrative expenses to 
carry out this Loan Guarantee program, $19,880,000 is appro-
priated, to remain available until expended: Provided further, That 
$19,880,000 of the fees collected pursuant to section 1702(h) of 
the Energy Policy Act of 2005 shall be credited as offsetting collec-
tions to this account to cover administrative expenses and shall 
remain available until expended, so as to result in a final fiscal 
year 2009 appropriations from the general fund estimated at not 
more than $0: Provided further, That none of the funds made 
available in this Act shall be available for the execution of a 
new solicitation with respect to such guaranteed loans until 30 
days after the Department of Energy has submitted to the Commit-
tees on Appropriations of the House of Representatives and the 
Senate a loan guarantee implementation plan that defines the 
proposed award levels and eligible technologies: Provided further, 
That none of the loan guarantee authority made available in this 
Act shall be available for commitments to guarantee loans for 
any projects where funds, personnel, or property (tangible or intan-
gible) of any Federal agency, instrumentality, personnel or affiliated 
entity are expected to be used (directly or indirectly) through 
acquisitions, contracts, demonstrations, exchanges, grants, incen-
tives, leases, procurements, sales, other transaction authority, or 
other arrangements, to support the project or to obtain goods or 
services from the project: Provided further, That the previous pro-
viso shall not be interpreted as precluding the use of the loan 
guarantee authority in this Act for commitments to guarantee loans 
for projects as a result of such projects benefiting from (a) otherwise 
allowable Federal income tax benefits; (b) being located on Federal 
land pursuant to a lease or right-of-way agreement for which all 
consideration for all uses is (i) paid exclusively in cash, (ii) deposited 
in the Treasury as offsetting receipts, and (iii) equal to the fair 
market value as determined by the head of the relevant Federal 
agency; (c) Federal insurance programs, including Price-Anderson; 
or (d) for electric generation projects, use of transmission facilities 
owned or operated by a Federal Power Marketing Administration 
or the Tennessee Valley Authority that have been authorized, 
approved, and financed independent of the project receiving the 
guarantee: Provided further, That none of the loan guarantee 
authority made available in this Act shall be available for any 
project unless the Director of the Office of Management and Budget 
has certified in advance in writing that the loan guarantee and 
the project comply with the provisions under this title.