239 
HR 1105 PCS 
shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose 
of making purchase power and wheeling expenditures. 
OPERATION AND MAINTENANCE, SOUTHWESTERN 
POWER ADMINISTRATION 
For necessary expenses of operation and maintenance 
of power transmission facilities and of marketing electric 
power and energy, for construction and acquisition of 
transmission lines, substations and appurtenant facilities, 
and for administrative expenses, including official recep-
tion and representation expenses in an amount not to ex-
ceed $1,500 in carrying out section 5 of the Flood Control 
Act of 1944 (16 U.S.C. 825s), as applied to the South-
western Power Administration, $28,414,000, to remain 
available until expended: Provided, That, notwithstanding 
31 U.S.C. 3302, up to $35,000,000 collected by the 
Southwestern Power Administration pursuant to the 
Flood Control Act of 1944 to recover purchase power and 
wheeling expenses shall be credited to this account as off-
setting collections, to remain available until expended for 
the sole purpose of making purchase power and wheeling 
expenditures. 
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HR 1105 PCS 
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; $218,346,000, 
to remain available until expended, of which $208,642,000 
shall be derived from the Department of the Interior Rec-
lamation Fund: Provided, That of the amount herein ap-
propriated, $7,342,000 is for deposit into the Utah Rec-
lamation Mitigation and Conservation Account pursuant 
to title IV of the Reclamation Projects Authorization and 
Adjustment Act of 1992: Provided further, That notwith-
standing the provision of 31 U.S.C. 3302, up to 
$403,118,000 collected by the Western Area Power Ad-
ministration pursuant to the Flood Control Act of 1944 
and the Reclamation Project Act of 1939 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. 
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241 
HR 1105 PCS 
FALCON AND AMISTAD OPERATING AND MAINTENANCE 
FUND 
For operation, maintenance, and emergency costs for 
the hydroelectric facilities at the Falcon and Amistad 
Dams, $2,959,000, to remain available until expended, 
and to be derived from the Falcon and Amistad Operating 
and Maintenance Fund of the Western Area Power Ad-
ministration, as provided in section 423 of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995. 
FEDERAL ENERGY REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Energy Regu-
latory Commission to carry out the provisions of the De-
partment of Energy Organization Act (42 U.S.C. 7101 et 
seq.), including services as authorized by 5 U.S.C. 3109, 
the hire of passenger motor vehicles, and official reception 
and representation expenses not to exceed $3,000, 
$273,400,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law, 
not to exceed $273,400,000 of revenues from fees and an-
nual charges, and other services and collections in fiscal 
year 2009 shall be retained and used for necessary ex-
penses in this account, and shall remain available until 
expended: Provided further, That the sum herein appro-
priated from the general fund shall be reduced as revenues 
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HR 1105 PCS 
are received during fiscal year 2009 so as to result in a 
final fiscal year 2009 appropriation from the general fund 
estimated at not more than $0. 
GENERAL PROVISIONS—DEPARTMENT OF 
ENERGY 
SEC. 301. CONTRACT COMPETITION. (a) None of the 
funds in this or any other appropriations Act for fiscal 
year 2009 or any previous fiscal year may be used to make 
payments for a noncompetitive management and operating 
contract, or a contract for environmental remediation or 
waste management in excess of $100,000,000 in annual 
funding at a current or former management and operating 
contract site or facility, or to award a significant extension 
or expansion to an existing management and operating 
contract, or other contract covered by this section, unless 
such contract is awarded using competitive procedures or 
the Secretary of Energy grants, on a case-by-case basis, 
a waiver to allow for such a deviation. The Secretary may 
not delegate the authority to grant such a waiver. 
(b) Within 30 days of formally notifying an incum-
bent contractor that the Secretary intends to grant such 
a waiver, the Secretary shall submit to the Subcommittees 
on Energy and Water Development of the Committees on 
Appropriations of the House of Representatives and the 
Senate a report notifying the Subcommittees of the waiver 
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