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vided, That, of the amount appropriated in this paragraph, 
$148,075,000 shall be used for projects specified in the table 
that appears under the heading ‘‘Congressionally Directed 
Energy Efficiency and Renewable Energy Projects’’ in the 
report of the Committee on Appropriations of the United 
States Senate to accompany this Act: Provided further, 
That within existing funds for industrial technologies 
$15,000,000 shall be used to make technical assistance 
grants under subsection (b) of section 399A of the Energy 
Policy and Conservation Act (42 U.S.C. 6371h–1(b)). Of 
the $85,000,000 provided under the wind energy subaccount 
under the Energy Efficiency & Renewable Energy, up to 
$8,000,000 shall be competitively awarded to universities 
for turbine and equipment purchases for the purposes of 
studying turbine to turbine wake interaction, wind farm 
interaction, and wind energy efficiencies, provided that 
such equipment shall not be used for merchant power pro-
duction. 
ELECTRICITY DELIVERY AND ENERGY RELIABILITY 
For Department of Energy expenses including the pur-
chase, construction, and acquisition of plant and capital 
equipment, and other expenses necessary for electricity de-
livery and energy reliability 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, 
$179,483,000, to remain available until expended: Pro-
vided, That, within the funding available funding the Sec-
retary shall establish an independent national energy sector 
cyber security organization to institute research, develop-
ment and deployment priorities, including policies and pro-
tocol to ensure the effective deployment of tested and vali-
dated technology and software controls to protect the bulk 
power electric grid and integration of smart grid technology 
to enhance the security of the electricity grid: Provided fur-
ther, That within 60 days of enactment, the Secretary shall 
invite applications from qualified entities for the purpose 
of forming and governing a national energy sector cyber 
organization that have the knowledge and capacity to focus 
cyber security research and development and to identify 
and disseminate best practices; organize the collection, anal-
ysis and dissemination of infrastructure vulnerabilities and 
threats; work cooperatively with the Department of Energy 
and other Federal agencies to identify areas where Federal 
agencies with jurisdiction may best support efforts to en-
hance security of the bulk power electric grid: Provided fur-
ther, That, of the amount appropriated in this paragraph, 
$6,475,000 shall be used for projects specified in the table 
that appears under the heading ‘‘Congressionally Directed 
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Electricity Delivery and Energy Reliability Projects’’ in the 
report of the Committee on Appropriations of the United 
States Senate to accompany this Act. 
NUCLEAR ENERGY 
(INCLUDING TRANSFER OF FUNDS) 
For Department of Energy expenses including the pur-
chase, construction, and acquisition of plant and capital 
equipment, and other expenses necessary for nuclear energy 
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 any facility or for plant or facility acquisition, con-
struction, or expansion, and the purchase of not to exceed 
36 passenger motor vehicles, including one ambulance, all 
for replacement only, $761,274,000, to remain available 
until expended: Provided, That, of the amount appropriated 
in this paragraph, $2,000,000 shall be used for projects 
specified in the table that appears under the heading ‘‘Con-
gressionally Directed Nuclear Energy Projects’’ in the re-
port of the Committee on Appropriations of the United 
States Senate 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 (Public Law 
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95–91), including the acquisition of interest, including de-
feasible and equitable interests in any real property or any 
facility or for plant or facility acquisition or expansion, 
and for conducting inquiries, technological investigations 
and research concerning the extraction, processing, use, and 
disposal of mineral substances without objectionable social 
and environmental costs (30 U.S.C. 3, 1602, and 1603), 
$699,200,000, to remain available until expended: Pro-
vided, That for all programs funded under Fossil Energy 
appropriations in this Act or any other Act, the Secretary 
may vest fee title or other property interests acquired under 
projects in any entity, including the United States: Pro-
vided further, That, of the amount appropriated in this 
paragraph, $27,300,000 shall be used for projects specified 
in the table that appears under the heading ‘‘Congression-
ally Directed Fossil Energy Projects’’ in the report of the 
Committee on Appropriations of the United States Senate 
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 Reserve 
facility development and operations and program manage-
ment activities pursuant to the Energy Policy and Con-
servation Act of 1975, as amended (42 U.S.C. 6201 et seq.), 
$259,073,000, 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, 
$11,300,000, to remain available until expended. 
ENERGY INFORMATION ADMINISTRATION 
For necessary expenses in carrying out the activities 
of the Energy Information Administration, $110,595,000, 
to remain available until expended. 
NON-DEFENSE ENVIRONMENTAL CLEANUP 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other expenses necessary for non-defense 
environmental cleanup activities in carrying out the pur-
poses 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 
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that appears under the heading ‘‘Congressionally Directed 
Science Projects’’ in the report of the Committee on Appro-
priations of the United States Senate 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, as amended (the ‘‘NWPA’’), $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 and defense 
nuclear waste disposal activities, 2.54 percent shall be pro-
vided to the Office of the Attorney General of the State of 
Nevada solely for expenditures, other than salaries and ex-
penses of State employees, to conduct scientific oversight re-
sponsibilities and participate in licensing activities pursu-
ant to the NWPA: Provided further, That notwithstanding 
the lack of a written agreement with the State of Nevada 
under section 117(c) of the NWPA, 0.51 percent shall be 
provided to Nye County, Nevada, for on-site oversight ac-
tivities under section 117(d) of the NWPA: Provided fur-
ther, That of the funds made available in this Act for nu-
clear waste disposal and defense nuclear waste disposal ac-
tivities, 4.57 percent shall be provided to affected units of 
local government, as defined in the NWPA, to conduct ap-
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propriate activities and participate in licensing activities 
under Section 116(c) of the NWPA: Provided further, That 
of the amounts provided to affected units of local govern-
ment, 7.5 percent of the funds provided for the affected units 
of local government 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 affected units 
of local government: Provided further, That of the funds 
made available in this Act for nuclear waste disposal and 
defense nuclear waste disposal activities, 0.25 percent shall 
be provided to the affected Federally-recognized Indian 
tribes, as defined in the NWPA, solely for expenditures, 
other than salaries and expenses of tribal employees, to con-
duct appropriate activities and participate in licensing ac-
tivities 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 
government: 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 payment: Provided further, That 
4.57 percent of the funds made available in this Act for 
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nuclear waste disposal and defense nuclear waste disposal 
activities shall be provided to Nye County, Nevada, as pay-
ment equal to taxes under section 116(c)(3) of the NWPA: 
Provided 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, each affected Federally-recog-
nized Indian tribe, 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 further, That failure to provide such cer-
tification 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 influence legislative 
action, except for normal and recognized executive-legisla-
tive communications, on any matter pending before Con-
gress or a State legislature or for lobbying activity as pro-
vided 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 con-
tained in this Act: Provided further, That all proceeds and 
recoveries realized by the Secretary in carrying out activi-
ties authorized by the NWPA, including but not limited to, 
any proceeds from the sale of assets, shall be available with-
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out 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. 
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 Energy Pol-
icy Act of 2005 under this heading in prior Acts, shall be 
collected in accordance with section 502(7) of the Congres-
sional Budget Act of 1974: Provided,, That for necessary 
administrative expenses to carry out this Loan Guarantee 
program, $43,000,000 is appropriated, to remain available 
until expended: Provided further, That $43,000,000 of the 
fees collected pursuant to section 1702(h) of the Energy Pol-
icy Act of 2005 shall be credited as offsetting collections to 
this account to cover administrative expenses and shall re-
main available until expended, so as to result in a final 
fiscal year 2010 appropriations from the general fund esti-
mated at not more than $0: Provided further, That, in ad-
ministering amounts made available by prior Acts for 
projects covered by title XVII of the Energy Policy Act of 
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2005 (42 U.S.C. 16511 et seq.), the Secretary of Energy 
is required by that title to consider low-risk finance pro-
grams that substantially reduce or eliminate upfront costs 
for building owners to renovate or retrofit existing buildings 
to install energy efficiency or renewable energy technologies 
as eligible for loan guarantees authorized under sections 
1703 and 1705 of that Act (42 U.S.C. 16513, 16516). 
ADVANCED TECHNOLOGY VEHICLES MANUFACTURING 
LOAN PROGRAM 
For administrative expenses in carrying out the Ad-
vanced Technology Vehicles Manufacturing Loan Program, 
$20,000,000, to remain available until expended. 
DEPARTMENTAL ADMINISTRATION 
(INCLUDING TRANSFER OF FUNDS) 
For salaries and expenses of the Department of Energy 
necessary for Departmental Administration in carrying out 
the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the hire of passenger 
motor vehicles and official reception and representation ex-
penses not to exceed $293,684,000, to remain available until 
expended, 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-Deficiency 
Act (31 U.S.C. 1511 et seq.): Provided, That such increases 
in cost of work are offset by revenue increases of the same 
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or greater amount, to remain available until expended: Pro-
vided further, That moneys received by the Department for 
miscellaneous revenues estimated to total $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 miscellaneous revenues received 
during 2010, and any related appropriated receipt account 
balances remaining from prior years’ miscellaneous reve-
nues, so as to result in a final fiscal year 2010 appropria-
tion from the general fund estimated at not more than 
$173,944,000. 
OFFICE OF THE INSPECTOR GENERAL 
For necessary expenses of the Office of the Inspector 
General in carrying out the provisions of the Inspector Gen-
eral Act of 1978, as amended, $51,927,000, to remain avail-
able 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 con-
demnation of any real property or any facility or for plant 
or facility acquisition, construction, or expansion, the pur-
chase of not to exceed one ambulance; $6,468,267,000, to 
remain available until expended. 
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 con-
demnation of any real property or any facility or for plant 
or facility acquisition, construction, or expansion, and the 
purchase of not to exceed one passenger motor vehicle for 
replacement only, $2,136,709,000, to remain available until 
expended. 
NAVAL REACTORS 
For Department of Energy expenses necessary for 
naval reactors activities to carry out the Department of En-
ergy Organization Act (42 U.S.C. 7101 et seq.), including 
the acquisition (by purchase, condemnation, construction, 
or otherwise) of real property, plant, and capital equip-
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ment, facilities, and facility expansion, $973,133,000, to re-
main available until expended. 
OFFICE OF THE ADMINISTRATOR 
For necessary expenses of the Office of the Adminis-
trator in the National Nuclear Security Administration, in-
cluding official reception and representation expenses not 
to exceed $12,000, $420,754,000, to remain available until 
expended. 
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 en-
ergy defense 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 
condemnation of any real property or any facility or for 
plant or facility acquisition, construction, or expansion, 
and the purchase of not to exceed four ambulances and three 
passenger 
motor 
vehicles 
for 
replacement 
only, 
$5,763,856,000, to remain available until expended, of 
which $463,000,000 shall be transferred to the ‘‘Uranium 
Enrichment 
Decontamination 
and 
Decommissioning 
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Fund’’: Provided, That, of the amount appropriated in this 
paragraph, $4,000,000 shall be used for projects specified 
in the table that appears under the heading ‘‘Congression-
ally Directed Defense Environmental Cleanup Projects’’ in 
the report of the Committee on Appropriations of the United 
States Senate to accompany this Act. 
OTHER DEFENSE ACTIVITIES 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other expenses, necessary for atomic en-
ergy defense, other defense activities, and classified 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 
any facility or for plant or facility acquisition, construc-
tion, or expansion, and the purchase of not to exceed 12 
passenger 
motor 
vehicles 
for 
replacement 
only, 
$854,468,000, to remain available until expended: Pro-
vided, That of the amount appropriated in this paragraph, 
$2,000,000 shall be used for projects specified in the table 
that appears under the heading ‘‘Congressionally Directed 
Other Defense Activities Projects’’ in the report of the Com-
mittee on Appropriations of the United States Senate to 
accompany this Act. 
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DEFENSE NUCLEAR WASTE DISPOSAL 
For nuclear waste disposal activities to carry out the 
purposes of Public Law 97–425, as amended, including the 
acquisition of real property or facility construction or ex-
pansion, $98,400,000, to remain available until expended. 
POWER MARKETING ADMINISTRATIONS 
BONNEVILLE POWER ADMINISTRATION FUND 
Expenditures from the Bonneville Power Administra-
tion Fund, established pursuant to Public Law 93–454, are 
approved for the Leaburg Fish Sorter, the Okanogan Basin 
Locally Adapted Steelhead Supplementation Program, and 
the Crystal Springs Hatchery Facilities, and, in addition, 
for official reception and representation expenses in an 
amount not to exceed $1,500. During fiscal year 2010, no 
new direct loan obligations may be made. 
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER 
ADMINISTRATION 
For necessary expenses of operation and maintenance 
of power transmission facilities and of marketing electric 
power and energy, including transmission wheeling and 
ancillary services pursuant to section 5 of the Flood Control 
Act of 1944 (16 U.S.C. 825s), as applied to the southeastern 
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, up to $7,638,000 col-
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lected 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 an-
nual 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 $0: Pro-
vided further, That, notwithstanding 31 U.S.C. 3302, up 
to $70,806,000 collected by the Southeastern Power Admin-
istration pursuant to the Flood Control Act of 1944 to re-
cover purchase power and wheeling expenses shall be cred-
ited to this account as offsetting collections, to remain avail-
able 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, all funds collected 
by the Southeastern Power Administration that are appli-
cable to the repayment of the annual expenses of this ac-
count 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 re-
maining available until expended: Provided further, That 
for purposes of this appropriation, annual expenses means 
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expenditures that are generally recovered in the same year 
that they are incurred (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 in carrying out section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), as applied to the Southwestern 
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 South-
western Power Administration from the sale of power and 
related services shall be credited to this account as discre-
tionary offsetting collections, to remain available until ex-
pended, for the sole purpose of funding the annual expenses 
of the Southwestern Power Administration: Provided fur-
ther, That the sum herein appropriated for annual expenses 
shall be reduced as collections are received during the fiscal 
year so as to result in a final fiscal year 2010 appropria-
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tion estimated at not more than $13,076,000: Provided fur-
ther, That, notwithstanding 31 U.S.C. 3302, up to 
$38,000,000 collected by the Southwestern Power Adminis-
tration pursuant to the Flood Control Act of 1944 to recover 
purchase power and wheeling expenses shall be credited to 
this account as offsetting collections, to remain available 
until expended for the sole purpose of making purchase 
power and wheeling expenditures: Provided further, That 
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood 
Control Act of 1944, all funds collected by the Southwestern 
Power Administration that are applicable to the repayment 
of the annual expenses of this account in this and subse-
quent fiscal years shall be credited to this account as discre-
tionary offsetting collections for the sole purpose of funding 
such expenses, with such funds remaining available until 
expended: Provided further, That for purposes of this appro-
priation, annual expenses means expenditures that are gen-
erally recovered in the same year that they are incurred 
(excluding purchase power and wheeling expenses). 
CONSTRUCTION, REHABILITATION, OPERATION AND 
MAINTENANCE, WESTERN AREA POWER ADMINISTRATION 
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 conservation 
and renewable resources programs as authorized, including 
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official reception and representation expenses in an amount 
not to exceed $1,500,000; $256,711,000 to remain available 
until expended, of which $245,216,000 shall be derived from 
the Department of the Interior Reclamation Fund: Pro-
vided, 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 Administration from the sale of power and re-
lated services shall be credited to this account as discre-
tionary offsetting collections, to remain available until ex-
pended, for the sole purpose of funding the annual expenses 
of the Western Area Power Administration: Provided fur-
ther, That the sum herein appropriated for annual expenses 
shall be reduced as collections are received during the fiscal 
year so as to result in a final fiscal year 2010 appropria-
tion estimated at not more than $109,181,000, of which 
$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 Mitiga-
tion 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 
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of 1944 and the Reclamation Project Act of 1939 to recover 
purchase power and wheeling expenses shall be credited to 
this account as offsetting collections, to remain available 
until expended for the sole purpose of making purchase 
power and wheeling expenditures: Provided further, That 
of the amount herein appropriated, up to $18,612,000 is 
provided on a nonreimbursable basis for environmental re-
mediation at the Basic Substation site in Henderson, Ne-
vada: 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 Appropria-
tion 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 expenses of this account in this and subse-
quent fiscal years shall be credited to this account as discre-
tionary offsetting collections for the sole purpose of funding 
such expenses, with such funds remaining available until 
expended: Provided further, That for purposes of this appro-
priation, annual expenses means expenditures that are gen-
erally recovered in the same year that they are incurred 
(excluding purchase power and wheeling expenses). 
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FALCON AND AMISTAD OPERATING AND MAINTENANCE 
FUND 
For operation, maintenance, and emergency costs for 
the hydroelectric facilities at the Falcon and Amistad 
Dams, $2,568,000, to remain available until expended, and 
to be derived from the Falcon and Amistad Operating and 
Maintenance Fund of the Western Area Power Administra-
tion, as provided in section 2 of the Act of June 18, 1954 
(68 Stat. 255) as amended: Provided, That notwithstanding 
the provisions of that Act and of 31 U.S.C. 3302, up to 
$2,348,000 collected by the Western Area Power Adminis-
tration from the sale of power and related services from the 
Falcon and Amistad Dams 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 hydroelectric facilities of these Dams and 
associated Western Area Power Administration activities: 
Provided further, That the sum herein appropriated for an-
nual 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 $220,000: 
Provided further, That notwithstanding the provisions of 
section 2 of the Act of June 18, 1954 (68 Stat. 255) as 
amended, and 31 U.S.C. 3302, all funds collected by the 
Western Area Power Administration from the sale of power 
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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 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 purposes of this 
appropriation, annual expenses means expenditures that 
are generally recovered in the same year that they are in-
curred. 
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, 
$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 annual 
charges, and other services and collections in fiscal year 
2010 shall be retained and used for necessary expenses in 
this account, and shall remain available until expended: 
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Provided further, That the sum herein appropriated 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. 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. None of the funds appropriated by this Act 
may be used— 
(1) to augment the funds made available for obli-
gation by this Act for severance payments and other 
benefits and community assistance grants under sec-
tion 4604 of the Atomic Energy Defense Act (50 
U.S.C. 2704) unless the Department of Energy sub-
mits a reprogramming request to the appropriate con-
gressional committees; or 
(2) to provide enhanced severance payments or 
other benefits for employees of the Department of En-
ergy under such section; or 
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(3) develop or implement a workforce restruc-
turing plan that covers employees of the Department 
of Energy. 
SEC. 303. The unexpended balances of prior appro-
priations provided for activities in this Act may be avail-
able to the same appropriation accounts for such activities 
established pursuant to this title. Available balances may 
be merged with funds in the applicable established accounts 
and thereafter may be accounted for as one fund for the 
same time period as originally enacted. 
SEC. 304. None of the funds in this or any other Act 
for the Administrator of the Bonneville Power Administra-
tion may be used to enter into any agreement to perform 
energy efficiency services outside the legally defined Bonne-
ville service territory, with the exception of services provided 
internationally, including services provided on a reimburs-
able basis, unless the Administrator certifies in advance 
that such services are not available from private sector busi-
nesses. 
SEC. 305. When the Department of Energy makes a 
user facility available to universities or other potential 
users, or seeks input from universities or other potential 
users regarding significant characteristics or equipment in 
a user facility or a proposed user facility, the Department 
shall ensure broad public notice of such availability or such 
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need for input to universities and other potential users. 
When the Department of Energy considers the participation 
of a university or other potential user as a formal partner 
in the establishment or operation of a user facility, the De-
partment shall employ full and open competition in select-
ing such a partner. For purposes of this section, the term 
‘‘user facility’’ includes, but is not limited to: (1) a user 
facility as described in section 2203(a)(2) of the Energy 
Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a National 
Nuclear Security Administration Defense Programs Tech-
nology Deployment Center/User Facility; and (3) any other 
Departmental facility designated by the Department as a 
user facility. 
SEC. 306. Funds appropriated by this or any other 
Act, or made available by the transfer of funds in this Act, 
for intelligence activities are deemed to be specifically au-
thorized 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 Authoriza-
tion Act for fiscal year 2010. 
SEC. 307. Of the funds made available by the Depart-
ment of Energy for activities at Government-owned, con-
tractor-operated laboratories funded in this Act or subse-
quent Energy and Water Development Appropriations Acts, 
the Secretary may authorize a specific amount, not to ex-
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ceed 8 percent of such funds, to be used by such laboratories 
for laboratory directed research and development: Provided, 
That the Secretary may also authorize a specific amount 
not to exceed 4 percent of such funds, to be used by the 
plant manager of a covered nuclear weapons production 
plant or the manager of the Nevada Site Office for plant 
or site directed research and development. 
SEC. 308. Not to exceed 5 per centum, or $100,000,000, 
of any appropriation, whichever is less, made available for 
Department of Energy activities funded in this Act or sub-
sequent Energy and Water Development Appropriations 
Acts may hereafter be transferred between such appropria-
tions, but no such appropriation, except as otherwise pro-
vided, shall be increased or decreased by more than 5 per 
centum by any such transfers, and request of such transfers 
shall be submitted promptly to the Committees on Appro-
priations of the House and Senate. 
SEC. 309. (a) Subject to subsection (b), no funds ap-
propriated 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. 
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140) under a funding account, subaccount, or fund symbol 
other than the Bonneville Power Administration Fund 
Treasury account fund symbol. 
(b) Funds appropriated or otherwise made available 
by this Act or any other Act may be used to ensure, for 
purposes of meeting any applicable reporting provisions of 
the American Recovery and Reinvestment Act of 2009 (Pub-
lic 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 at-
tributed by the Administrator of the Bonneville Power Ad-
ministration to the increased borrowing authority. 
(c) This section is effective for fiscal year 2010 and 
subsequent fiscal years. 
SEC. 310. None of the funds made available by this 
Act may be used to make a grant allocation, discretionary 
grant award, discretionary contract award, Other Trans-
action 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 award, including a contract covered by 
the Federal Acquisition Regulation, unless the Secretary of 
Energy notifies the Committees on Appropriations of the 
Senate and the House of Representatives at least 3 full busi-
ness days in advance of making such an award or issuing 
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such a letter: Provided, That if the Secretary of the Depart-
ment of Energy determines that compliance with this sec-
tion would pose a substantial risk to human life, health, 
or safety, an award may be made without notification and 
the Committees on Appropriations of the Senate and the 
House of Representatives shall be notified not later than 
5 full business days after such an award is made or letter 
issued. 
SEC. 311. (a) In any fiscal year in which the Secretary 
of Energy determines that additional funds are needed to 
reimburse the costs of defined benefit pension plans for con-
tractor employees, the Secretary may transfer not more 
than 1 percent from each appropriation made available in 
this and subsequent Energy and Water Development Appro-
priation Acts to any other appropriation available to the 
Secretary in the same Act for such reimbursements. 
(b) Where the Secretary recovers the costs of defined 
benefit pension plans for contractor employees through 
charges for the indirect costs of research and activities at 
facilities of the Department of Energy, if the indirect costs 
attributable to defined benefit pension plan costs in a fiscal 
year are more than charges in fiscal year 2008, the Sec-
retary shall carry out a transfer of funds under this section. 
(c) In carrying out a transfer under this section, the 
Secretary shall use each appropriation made available to 
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