Energy and Water Development and Related Agencies Appropriations Act, 2010

Bill: 111-s-1436
Sponsor: Sen. Dorgan, Byron L. [D-ND]
Introduced: 2009-07-09 in the Senate
Policy area: Economics and Public Finance
Subjects: Advanced technology and technological innovations
Alaska
Alternative and renewable resources
Appalachian Regional Commission
Appropriations
Arkansas
Arms control and nonproliferation
Army Corps of Engineers
California
Congressional oversight
Defense Nuclear Facilities Safety Board
Delta Regional Authority
Department of Energy
Department of the Interior
Ecology
Electric power generation and transmission
Energy efficiency and conservation
Energy research
Executive agency funding and structure
Federal Energy Regulatory Commission (FERC)
Floods and storm protection
Government lending and loan guarantees
Government studies and investigations
Government trust funds
Hazardous wastes and toxic substances
Hybrid, electric, and advanced technology vehicles
Illinois
Indiana
Kentucky
Lighting and heating
Lighting, heating, cooling
Mississippi River
Missouri
Navigation, waterways, harbors
Nevada
North Dakota
Nuclear Regulatory Commission (NRC)
Nuclear Waste Technical Review Board
Nuclear power
Nuclear weapons
Oil and gas
Pennsylvania
Pipelines
Radioactive wastes and releases
Research administration and funding
Research and development
Solid waste and recycling
Tennessee
Texas
Transportation programs funding
Utah
Virginia
Water resources funding
West Virginia

Summary:
action_date: 2009-07-09
text: 
Energy and Water Development and Related Agencies Appropriations Act, 2010 - Makes appropriations for energy and water development and related agencies for FY2010.
 
Appropriates funds to the Department of the Army, Corps of Engineers-Civil, for: (1) civil functions pertaining to rivers and harbors, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration (including the Mississippi River alluvial valley below Cape Girardeau, Missouri); (2) the regulatory program pertaining to navigable waters and wetlands; (3) the formerly utilized sites remedial action program for clean-up of early atomic energy program contamination; and (4) the Office of Assistant Secretary of the Army (Civil Works).
 
Makes appropriations for FY2010 to the Department of the Interior for: (1) the Central Utah Project; and (2) the Bureau of Reclamation, including for water and related natural resources, the Central Valley Project Restoration Fund, and the California Bay-Delta Restoration.
 
Makes appropriations for FY2010 to the Department of Energy (DOE) for energy and science programs, including: (1) energy efficiency and renewable energy; (2) electricity delivery and energy reliability; (3) nuclear energy and nuclear waste disposal; (4) fossil energy research and development; (5) naval petroleum and oil shale reserves; (6) the Strategic Petroleum Reserve (SPR) and the Northeast Home Heating Oil Reserve; (7) the Energy Information Administration; (8) non-defense environmental cleanup activities; (9) the Uranium Enrichment Decontamination and Decommissioning Fund; (10) science activities; (11) the Title 17 Innovative Technology Loan Guarantee Loan Program; (12) the Advanced Technology Vehicles Manufacturing Loan Program; (13) departmental administration; (14) Office of the Inspector General; (15) the National Nuclear Security Administration and atomic energy defense weapons activities; (16) defense nuclear nonproliferation activities; (17) naval reactors activities; (18) Office of the Administrator in the National Nuclear Security Administration; (19) defense environmental cleanup; (20) Defense Nuclear Waste Disposal; and (21) other defense activities.
 
Approves specified expenditures from the Bonneville Power Administration Fund.
 
Makes FY2010 appropriations for operation and maintenance of: (1) the Southeastern Power Administration; (2) the Southwestern Power Administration; (3) the Western Area Power Administration; (4) the Falcon and Amistad Operating and Maintenance Fund; and (5) the Federal Energy Regulatory Commission (FERC).
 
Makes FY2010 appropriations to: (1) the Appalachian Regional Commission; (2) the Defense Nuclear Facilities Safety Board; (3) the Delta Regional Authority; (4) the Denali Commission; (5) the Nuclear Regulatory Commission (NRC), including the Office of Inspector General; (8) the Nuclear Waste Technical Review Board; and (9) the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects.

action_date: 2009-07-09
text: 
Energy and Water Development and Related Agencies Appropriations Act, 2010 - Makes appropriations for energy and water development and related agencies for FY2010.
 

 Title I: Corps of Engineers-Civil - Department of the Army
 - Makes appropriations for FY2010 to the Department of the Army, Corps of Engineers-Civil, for: (1) civil functions pertaining to rivers and harbors, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration (including the Mississippi River alluvial valley below Cape Girardeau, Missouri); (2) the regulatory program pertaining to navigable waters and wetlands; (3) the formerly utilized sites remedial action program for cleanup of early atomic energy program contamination; and (4) the Office of Assistant Secretary of the Army (Civil Works).
 
(Sec. 101) Sets restrictions upon the reprogramming of previously appropriated funds which remain available for obligation or expenditure, including: (1) portions of the Mississippi River and Tributaries Account; and (2) the formerly utilized sites remedial action program. Exempts any project or activity funded under the continuing authorities program.
 
(Sec. 102) Prohibits the use of funds for: (1) competitive sourcing actions under OMB Circular A-76 or High Performing Organizations for the U.S. Army Corps of Engineers; and (2) water reallocation under the Wolf Creek Project, Lake Cumberland, Kentucky (except under any existing agreement or payment schedule).
 
(Sec. 103) Requires the Assistant Secretary of the Army (Civil Works) to submit to the appropriate authorizing and appropriating committees of the Congress any Chief of Engineers Report on a water resource matter within 90 days of its issuance.
 
(Sec. 105) Prohibits the use of funds to award any continuing contract that commits additional funding from the Inland Waterway Trust Fund unless or until a permanent solution long-term mechanism to enhance revenues in the fund is enacted.
 
(Sec. 106) Increases from $110 million to $200 million the authorization of appropriations for a pilot program to provide environmental assistance to nonfederal interests in Mississippi. 
 
(Sec. 107) Authorizes the Secretary of the Army to construct the flood control project for Big Sioux River and Skunk Creek, Sioux Falls, South Dakota, at an estimated total cost of $53.5 million, with an estimated federal cost of $37.7 million, and an estimated nonfederal cost of $15.8 million.
 
(Sec. 108) Increases from $25 million to $75 million the authorization of appropriations for a federal program to provide environmental assistance to nonfederal interests in rural Montana.
 
Increases from $50 million to $100 million the authorization of appropriations for rural Utah.
 
(Sec. 109) Authorizes the Secretary of the Army to construct a project for flood damage reduction at: (1) Des Moines and Raccoon Rivers, Des Moines, Iowa, at a total cost of $16.5 million, with an estimated federal cost of $10.725 million, and an estimated nonfederal cost of $5.775 million; and (2) Breckenridge, Minnesota, at a total cost of $39.36 million, with an estimated federal cost of $25 million, and an estimated nonfederal cost of $14.36 million.
 
(Sec. 111) Amends the Consolidated Appropriations Resolution, 2003 to increase from $10 million to $27 million the credit the nonfederal sponsor shall receive toward the share of the cost of Des Moines Recreational River and Greenbelt, Iowa, projects for work performed after October 1, 2002.
 
(Sec. 112) Authorizes the Secretary of the Army to carry out structural and nonstructural projects for storm damage prevention and reduction, coastal erosion, ice and glacial damage in Alaska, including the relocation of affected communities and construction of replacement facilities.
 
(Sec. 113) Amends the Water Resources Development Act, 2007 with respect to the project for flood damage reduction, Antelope Creek, Lincoln, Nebraska. Directs the Secretary to credit toward the nonfederal share of the project cost the cost of design and construction work carried out by the nonfederal interest for the project before, on, and after (under current law, only the cost of work carried out before) the date of the project partnership agreement.
 
(Sec. 114) Authorizes the Secretary of the Army to construct the flood control project for West Sacramento, California, at a total cost of $53.04 million, with an estimated first federal cost of $38.355 million, and an estimated nonfederal first cost of $14.685 million.
 
(Sec. 115) Rescinds specified funds designated for site restoration of the St. Johns Bayou-New Madrid Floodway, Missouri, project. Appropriates such rescinded funds for: (1) the Mississippi Channel Improvement, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee construction project; and (2) general construction costs for an Aquatic Ecosystem Restoration project.
 

Title II: Department of the Interior - 
Makes appropriations for FY2010 to the Department of the Interior for: (1) the Central Utah Project; and (2) the Bureau of Reclamation, including water and related natural resources, the Central Valley Project Restoration Fund, and the California Bay-Delta Restoration.
 

 
(Sec. 202) Prohibits the use of funds to determine the final point of discharge for the interceptor drain for the San Luis Unit until development by the Secretary of the Interior (the Secretary under this title) and the state of California of a plan to minimize any detrimental effect of the San Luis drainage waters.
 
Requires the costs of the Kesterson Reservoir Cleanup Program and the San Joaquin Valley Drainage Program to be classified as reimbursable or nonreimbursable and collected until fully repaid. Makes any future US obligations relating to drainage for that Unit fully reimbursable by Unit beneficiaries.
 
(Sec. 203) Prohibits the use of any funds to pay the salaries and expenses of personnel to purchase or lease water in the Middle Rio Grande or the Carlsbad Projects in New Mexico, except in compliance with specified purchase requirements.
 
(Sec. 204) Declares that funds under this title for Drought Emergency Assistance shall be made available primarily for leasing 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) Amends the Fort Peck Reservation Rural Water System Act of 2000 to extend the authorization of appropriations through FY2015 for: (1) the Assiniboine and Sioux Rural Water System; and (2) the Dry Prairie Rural Water System.
 
 (Sec. 206) Amends the Energy and Water Development Appropriations Act, 2006 with respect to establishment of an agricultural and natural resources center in the Walker River Basin, Nevada. Authorizes the Secretary of the Interior to provide funds to either the National Fish and Wildlife Foundation (NFWF) or (as under current law) the University of Nevada for establishing the center. Authorizes provision of such funds to the NFWF in advance without regard to when expenses are incurred.
 
Allows use of such funds to design and implement conservation and stewardship measures to address impacts from activities carried out: (1) to acquire land, appurtenant water, and related interests in the Walker River Basin; and (2) in conjunction with willing landowners.
 
(Sec. 207) Amends the Farm Security and Rural Investment Act of 2002 to authorize the Secretary of the Interior to use specified funds transferred from the Commodity Credit Corporation (CCC) to the Bureau of Reclamation Water and Related Resources Account for efforts to research, support, and conserve fish, wildlife, plant, and habitat resources in the Walker River Basin.
 
(Sec. 208) Directs the Secretary of the Interior, acting through the Commissioner of Reclamation, to use specified funds transferred from the CCC to the Bureau of Reclamation Water and Related Resources Account to establish the Walker Lake Basin Restoration Program in order to restore and maintain Walker Lake, a natural desert terminal lake in Nevada. Prescribes a funding allocation scheme.
 
(Sec. 209) Instructs the Commissioner of Reclamation to modify a certain Grant Agreement Between Bureau of Reclamation and North Dakota Natural Resources Trust to authorize the North Dakota Natural Resources Trust Board of Directors to expend a specified funding allocation for operations of the Natural Resource Trust, whether such amounts are principal or received as investment income.
 
(Sec. 210) Amends the Calfed Bay-Delta Authorization Act, title I of the Water Supply, Reliability, and Environmental Improvement Act, to extend from FY2010 through FY2015: (1) the federal share of costs of implementing the Calfed Bay-Delta Program (California); as well as (2) the authorization of appropriations for such Program.
 

Title III: Department of Energy - 
Makes appropriations for FY2010 to the Department of Energy (DOE) for energy and science programs, including: (1) energy efficiency and renewable energy; (2) electricity delivery and energy reliability; (3) nuclear energy and nuclear waste disposal; (4) fossil energy research and development; (5) naval petroleum and oil shale reserves; (6) the Strategic Petroleum Reserve (SPR) and the Northeast Home Heating Oil Reserve; (7) the Energy Information Administration; (8) non-defense environmental cleanup activities; (9) the Uranium Enrichment Decontamination and Decommissioning Fund; (10) science activities; (11) the Title 17 Innovative Technology Loan Guarantee Loan Program; (12) the Advanced Technology Vehicles Manufacturing Loan Program; (13) departmental administration; (14) Office of the Inspector General; (15) the National Nuclear Security Administration and atomic energy defense weapons activities; (16) defense nuclear nonproliferation activities; (17) naval reactors activities; (18) Office of the Administrator in the National Nuclear Security Administration; (19) defense environmental cleanup; (20) Defense Nuclear Waste Disposal; and (21) other defense activities.
 
Approves specified expenditures from the Bonneville Power Administration Fund.
 
Makes FY2010 appropriations for operation and maintenance of: (1) the Southeastern Power Administration; (2) the Southwestern Power Administration; (3) the Western Area Power Administration; (4) the Falcon and Amistad Operating and Maintenance Fund; and (5) the Federal Energy Regulatory Commission (FERC).
 
(Sec. 301) Prohibits the use of funds appropriated under this Act to: (1) prepare or initiate Requests For Proposals (RFPs) for a program that has not been funded by Congress; (2) provide enhanced severance payments to DOE employees; or (3) develop or implement a workforce restructuring plan that covers DOE employees.
 
(Sec. 302) Prohibits the use of funds appropriated under this Act to augment funds for severance payments and other benefits and community assistance grants unless DOE submits a reprogramming request to the appropriate congressional committees.
 
(Sec. 304) States that, unless the Administrator of the Bonneville Power Administration certifies in advance that energy efficiency services are not available from private sector businesses, appropriated funds may not be used to enter into any agreement to perform energy efficiency services outside the legally defined Bonneville service territory (except services provided internationally).
 
(Sec. 305) Requires DOE to ensure broad public notice when it makes a user facility available to potential users, or when it seeks certain input regarding such a facility.
 
(Sec. 306) States that funds appropriated for intelligence activities are deemed to be specifically authorized by the Congress for purposes of the National Security Act of 1947 during FY2009 until the enactment of the Intelligence Authorization Act for FY2009.
 
(Sec. 307) Permits the Secretary of Energy (Secretary under this title) to authorize up to 8% of appropriated funds for laboratory-directed research and development at government-owned, contractor-operated laboratories.
 
(Sec. 308) Restricts to 5% or $100 million, whichever is less, the amount of appropriations which may be transferred between DOE activities pursuant to Energy and Water Development Appropriations Acts. 
 
(Sec. 309) Prohibits the use of funds to record transactions relating to the increase in borrowing authority or bonds outstanding under the Federal Columbia River Transmission System Act under a funding account, subaccount, or fund symbol other than the Bonneville Power Administration Fund Treasury account fund symbol.
 
(Sec. 310) Requires the Secretary to notify certain congressional committees three full business days in advance of using funds to: (1) make a grant allocation, discretionary grant, discretionary contract award, or Other Transaction Agreement; (2) issue a letter of intent totaling in excess of $1 million; or (3) announce publicly the intention to make such an award.
 
(Sec. 311) Authorizes the Secretary, in any fiscal year in which additional funds are needed to reimburse the costs of defined benefit pension plans for contractor employees, to transfer up to 1% from each appropriation to any other appropriation available to the Secretary in the same Act.
 

Title IV: Independent Agencies
 - Makes FY2010 appropriations to: (1) the Appalachian Regional Commission; (2) the Defense Nuclear Facilities Safety Board; (3) the Delta Regional Authority; (4) the Denali Commission; (5) the Nuclear Regulatory Commission (NRC), including the Office of Inspector General; (8) the Nuclear Waste Technical Review Board; and (9) the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects.
 
 (Sec. 401) Amends the Delta Regional Authority Act of 2000 to state that a decision by the Delta Regional Authority requires the affirmative vote of the federal cochairperson and a majority of the state members (except those representing a state that is delinquent).
 

Title V: General Provisions
 - (Sec. 501) Prohibits the use of funds under this Act to influence congressional action on legislation or appropriation matters pending before Congress.
 
(Sec. 502) Prohibits the transfer of any funds under this Act to any federal entity except pursuant to authority provided by an appropriation Act.


Legislative actions:
action_date: 2009-07-09
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 104.
action_date: 2009-07-09
text: Committee on Appropriations. Original measure reported to Senate by Senator Dorgan. With written report No. 111-45.
action_date: 2009-07-09
text: Committee on Appropriations. Original measure reported to Senate by Senator Dorgan. With written report No. 111-45.
action_date: 2009-07-09
text: Introduced in Senate
action_date: 2009-06-18
text: Committee on Appropriations Senate Subcommittee on Energy and Water Development. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 111-534.
action_date: 2009-06-02
text: Committee on Appropriations Senate Subcommittee on Energy and Water Development. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 111-534.
action_date: 2009-05-19
text: Committee on Appropriations Senate Subcommittee on Energy and Water Development. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 111-534.