Topic: Public Lands — Water Resources
Subject: Economics and public finance
Date: 2009-07-13 00:00:00

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 - 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. Requires the Corps of Engineers, within 60 days after enactment of this Act, to report to the House and Senate Committees on Appropriations regarding establishment of a baseline for application of reprogramming and transfer authorities for the current fiscal year. (Sec. 102) Prohibits the use of funds: (1) for competitive sourcing actions under OMB Circular A-76 or High Performing Organizations for the U.S. Army Corps of Engineers; or (2) for additional funding from the Inland Waterways Trust Fund until a long-term mechanism is enacted to enhance sufficient revenues to meet specified cost-sharing. (Sec. 105) Modifies the project for navigation, Two Harbors, Minnesota, to direct the Secretary of the Army (Secretary in this title) to credit toward the non-federal share the costs of planning, design, and construction work carried out by the non-federal interest before the date of execution of a partnership agreement for the project. (Sec. 106) Amends the Miscellaneous Appropriations Act, 2001 to increase to $60 million the total project limit for the Northern Wisconsin Environmental Assistance, Wisconsin project. (Sec. 107) Directs the Secretary to use certain funds to expedite acquisition of properties in the vicinity of Martin, Kentucky, that were damaged by the floodwaters in the May 2009 flood event and that fall within Phases 3 and 4 of the mandatory and voluntary acquisition elements identified in a certain Plan A of the Chief of Engineers, Town of Martin Nonstructural Project Detailed Project Report, Appendix T, Section 202 General Plan, dated March 2000. (Sec. 108) Requires the Assistant Secretary of the Army (Civil Works) to submit to certain congressional committees any Chief of Engineers Report on a water resource matter within 90 days of its issuance. (Sec. 109) Prohibits the availability of funds under this Act for water reallocation under the Wolf Creek Project, Lake Cumberland, Kentucky (except for any existing reallocations). (Sec. 110) 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. 111) Authorizes the Secretary 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. 112) 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. 113) Authorizes the Secretary to construct a flood damage reduction project 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. 115) 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 project costs of Des Moines Recreational River and Greenbelt, Iowa, for work performed after October 1, 2002. (Sec. 116) Authorizes the Secretary to carry out structural and nonstructural projects for storm damage prevention and reduction, coastal erosion, and ice and glacial damage in Alaska, including the relocation of affected communities and construction of replacement facilities. (Sec. 117) Requires the Secretary to credit toward the non-federal share of the cost of the project for flood damage reduction, Antelope Creek, Lincoln, Nebraska, the cost of design and construction work carried out by the non-federal interest for the project on and after (as well as, under current law, before) the date of the partnership agreement for the project. (Sec. 118) Authorizes the Secretary, acting through the Chief of Engineers, 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. 119) Amends the Water Resources Development Act of 1996 to permit the federal share of the cost of the Ten Mile Creek Water Preserve Area of the Central and Southern Florida Project to exceed $25 million by an amount equal to not more than $3.5 million, which shall be used to pay the federal share of the cost of: (1) the completion of post authorization change report; and (2) the maintenance of the Ten Mile Creek Water Preserve Area in caretaker status through FY 2013. (Sec. 120) Instructs the Secretary, using funds previously designated for the Tampa Harbor Big Bend Channel project, to reimburse the non-federal sponsor of the project for the federal share of the dredging work carried out for it. (Sec. 121) States that the cost of construction carried out on the trail system authorized for the J. Percy Priest Dam and Reservoir (Tennessee) shall be a federal cost, not exceeding $10.3 million. (Sec. 122) Requires the Secretary to credit toward the non-federal share of the cost of the project for ecosystem restoration and flood damage reduction, Sand Creek watershed, Wahoo, Nebraska, the cost of the project, or reimbursement for the costs of any work performed by the non-federal interest for the project, on and after (as well as, under current law, before) the approval of the partnership agreement for the project. (Sec. 123) Amends the Charles M. Russell National Wildlife Refuge Enhancement Act of 2000 to extend the lease term for certain cabin sites within the Charles M. Russell National Wildlife Refuge (Montana) from 2010 to 2013. (Sec. 124) Authorizes the Secretary to carry out the storm damage reduction project at Kahuku, Oahu, Hawaii, at a total cost of $6.7 million, with an estimated federal cost of $4.36 million and an estimated non-federal cost of $2.34 million. (Sec. 125) Authorizes the Secretary to acquire specified land parcels in Tulare County, California, for the Dam Safety Seismic Remediation project at Success Dam on the Tule River. (Sec. 126) Directs the Secretary to implement measures recommended in a certain efficacy study, or provided in interim reports, to prevent aquatic nuisance species from: (1) bypassing the Chicago Sanitary and Ship Canal Dispersal Barrier Project; and (2) dispersing into the Great Lakes. 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 the Secretary of the Interior (the Secretary under this title) and the state of California develop a plan to minimize any detrimental effect of the San Luis drainage waters. Instructs the Secretary to classify the costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley Drainage Program as reimbursable or nonreimbursable and collected until fully repaid pursuant to the "Cleanup Program-Alternative Repayment Plan" and the "SJVDP-Alternative Repayment Plan" described in a specified report. (Sec. 203) Prohibits the use of 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 to provide funds to either the National Fish and Wildlife Foundation (NFWF) or (as under current law) the University of Nevada for establishing such 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 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, acting through the Commissioner of Reclamation, to use specified funds to establish the Walker Lake Basin Restoration Program in order to restore and maintain Walker Lake, a natural desert terminal lake in Nevada, consistent with protection of the ecological health of the Walker River and the riparian and watershed resources of the West, East, and Main Walker Rivers. Prescribes a funding allocation scheme. Makes funds available to the National Fish and Wildlife Foundation. (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 FY2014: (1) the federal share of costs of implementing the Calfed Bay-Delta Program (California); and (2) the authorization of appropriations for such Program. (Sec. 211) Deems a specified transfer of water between a Friant Division contractor and a south-of-Delta CVP agricultural water service contractor to meet conditions prescribed in the Central Valley Project Improvement Act, Title XXXIV of the Reclamation Projects Authorization and Adjustment Act of 1992, if the transfer meets certain requirements, including completion by the end of FY2012. 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 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 prepare or initiate Requests For Proposals (RFPs) for a program that has not been funded by Congress. (Sec. 302) Prohibits the use of funds appropriated under this Act to: (1) augment funds for severance payments and other benefits and community assistance grants unless DOE submits a reprogramming request to the appropriate congressional committees; (2) provide enhanced severance payments to DOE employees; or (3) develop or implement a workforce restructuring plan that covers DOE employees. (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 FY2010 until the enactment of the Intelligence Authorization Act for FY2010. (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) Authorizes the transfer of up to 1% of appropriations between DOE activities pursuant to Energy and Water Development Appropriations Acts in specified circumstances, subject to certain conditions. (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) Amends the Energy Policy Act of 2005 to require payment of prevailing wages to all laborers and mechanics employed by contractors and subcontractors in the performance of construction work on an innovative technology project financed in whole or in part by a guaranteed loan. (Sec. 311) 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) publicize the intention to grant such an award. (Sec. 312) Amends the Energy Independence and Security Act of 2007 to define an ultra efficient vehicle as a fully closed compartment vehicle designed to carry at least two adult passengers that achieves at least 75 miles per gallon equivalent while operating: (1) on gasoline or diesel fuel; (2) as a hybrid electric-gasoline or electric-diesel vehicle; or (3) as a fully electric vehicle. Brings the vehicles within the purview of such Act. Directs the Secretary to reconsider certain applications for assistance under such Act that were related to ultra efficient vehicles. (Sec. 313) Prohibits the availability of funds designated in this Act for the SPR to any person that: (1) is selling refined petroleum products valued at $1 million or more to the Islamic Republic of Iran; (2) is engaged in an activity valued at $1 million or more that could contribute to enhancing the ability of Iran to import refined petroleum products; or (3) otherwise provides to Iran goods, services, or technology valued at $1 million or more that could contribute to the maintenance or expansion of its capacity to produce refined petroleum products. Exempts from this prohibition any contract entered into by the U.S. Government before enactment of this Act. (Sec. 314) Amends the Energy and Water Development Appropriations Act, 2006 to provide that the non-federal licensee of FERC Project 2221 (White River Minimum Flows project, White River Basin, Arkansas) shall be fully compensated by the Southwestern Power Administration (instead of the Army Corps of Engineers), using receipts collected from the sale of federal power and energy related services, for impacts on electric energy and capacity caused by storage reallocation at Bull Shoals Lake. Requires the Southwestern Power Administration to compensate such licensee in annual payments of not less than $5 million until the licensee is fully compensated. Establishes in the Treasury a special receipt account and corresponding disbursement account for the Administrator of the Southwestern Power Administration to disburse pre-collected receipts from the sale of federal power and energy and related services. 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 (but not for relocation of the Delta Regional Commission headquarters); (4) the Denali Commission; (5) the Northern Border Regional Commission; (6) the Southeast Crescent Regional Commission; (7) the Nuclear Regulatory Commission (NRC); (8) the Office of Inspector General; (9) the Nuclear Waste Technical Review Board; and (10) the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects. (Sec. 401) Instructs the NRC to identify for certain congressional committees the barriers to and recommendations for streamlining the issuance of a Combined Construction and Operating License for qualified new nuclear reactors. (Sec. 402) 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 delinquent state). (Sec. 403) Authorizes the NRC to use certain funds to acquire and lease additional office space provided by the General Services Administration (GSA). 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) States that funds made available under this Act should be used to purchase light bulbs that are "Energy Star" qualified or have the "Federal Energy Management Program" designation. (Sec. 503) Amends the American Recovery and Reinvestment Act of 2009 to authorize the use of up to 0.5% of each amount appropriated to the Department of the Army and the Bureau of Reclamation in this Act for management and oversight of the programs, grants, and activities funded by the appropriation. (Sec. 504) Requires all federal agencies to include a separate category for administrative expenses when submitting their appropriation requests to the Office of Management and Budget (OMB) for FY2011 and each ensuing fiscal year. (Sec. 505) Prohibits the transfer of any funds under this Act to any federal entity except pursuant to authority provided by an appropriation Act. (Sec. 506) Declares that specified projects (contained in the report of the Committee on Appropriations of the House of Representatives accompanying this Act), that are considered congressional earmarks for purposes of certain House Rules, shall be awarded under a full and open competition when intended to be awarded to a for-profit entity. (Sec. 507) Makes technical amendments to the Continuing Appropriations Resolution, 2010.