Energy and Water Development and Related Agencies Appropriations Act, 2010
PL 111-85 (H.R.3183), enacted 10/28/2009

123 STAT. 2845 
PUBLIC LAW 111–85—OCT. 28, 2009 
Public Law 111–85 
111th Congress 
An Act 
Making appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the Treasury 
not otherwise appropriated, for energy and water development and 
related agencies for the fiscal year ending September 30, 2010, 
and for other purposes, namely: 
TITLE I 
CORPS OF ENGINEERS—CIVIL 
DEPARTMENT OF THE ARMY 
CORPS OF ENGINEERS—CIVIL 
The following appropriations shall be expended under the direc-
tion of the Secretary of the Army and the supervision of the Chief 
of Engineers for authorized civil functions of the Department of 
the Army pertaining to rivers and harbors, flood and storm damage 
reduction, shore protection, aquatic ecosystem restoration, and 
related efforts. 
INVESTIGATIONS 
For expenses necessary where authorized by law for the collec-
tion and study of basic information pertaining to river and harbor, 
flood and storm damage reduction, shore protection, aquatic eco-
system restoration, and related needs; for surveys and detailed 
studies, and plans and specifications of proposed river and harbor, 
flood and storm damage reduction, shore protection, and aquatic 
ecosystem restoration projects and related efforts prior to construc-
tion; for restudy of authorized projects; and for miscellaneous inves-
tigations and, when authorized by law, surveys and detailed studies, 
and plans and specifications of projects prior to construction, 
$160,000,000, to remain available until expended. 
CONSTRUCTION 
(INCLUDING TRANSFER OF FUNDS) 
For expenses necessary for the construction of river and harbor, 
flood and storm damage reduction, shore protection, aquatic eco-
system restoration, and related projects authorized by law; for 
Energy and 
Water 
Development and 
Related Agencies 
Appropriations 
Act, 2010. 
Oct. 28, 2009 
[H.R. 3183] 
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123 STAT. 2846 
PUBLIC LAW 111–85—OCT. 28, 2009 
conducting detailed studies, and plans and specifications, of such 
projects (including those involving participation by States, local 
governments, or private groups) authorized or made eligible for 
selection by law (but such detailed studies, and plans and specifica-
tions, shall not constitute a commitment of the Government to 
construction); $2,031,000,000, to remain available until expended; 
of which such sums as are necessary to cover the Federal share 
of construction costs for facilities under the Dredged Material Dis-
posal Facilities program shall be derived from the Harbor Mainte-
nance Trust Fund as authorized by Public Law 104–303; and of 
which such sums as are necessary to cover one-half of the costs 
of construction, replacement, rehabilitation, and expansion of inland 
waterways projects (including only Chickamauga Lock, Tennessee; 
Kentucky Lock and Dam, Tennessee River, Kentucky; Lock and 
Dams 2, 3, and 4 Monongahela River, Pennsylvania; Markland 
Locks and Dam, Kentucky and Indiana; Olmsted Lock and Dam, 
Illinois and Kentucky; and Emsworth Locks and Dam, Ohio River, 
Pennsylvania) shall be derived from the Inland Waterways Trust 
Fund: Provided, That $1,500,000 of the funds appropriated under 
this heading in title I of division C of the Omnibus Appropriations 
Act, 2009 (Public Law 111–8; 123 Stat. 601–609) is transferred 
to the Investigations account and, in addition to funds appropriated 
by this Act, applied toward the cost of carrying out the Seven 
Oaks Water Conservation Study, California: Provided further, That 
the Chief of Engineers is directed to use $12,594,000 of the funds 
appropriated herein for the Dallas Floodway Extension, Texas, 
project, including the Cadillac Heights feature, generally in accord-
ance with the Chief of Engineers report dated December 7, 1999: 
Provided further, That the Chief of Engineers is directed to use 
$1,417,000 of funds available for the Greenbrier Basin, Marlinton, 
West Virginia, Local Protection Project to continue engineering 
and design efforts, execute a project partnership agreement, and 
initiate construction of the project substantially in accordance with 
Alternative 1 as described in the Corps of Engineers Final Detailed 
Project Report and Environmental Impact Statement for Marlinton, 
West Virginia Local Protection Project dated September 2008: Pro-
vided further, That the Federal and non-Federal shares shall be 
determined in accordance with the ability-to-pay provisions pre-
scribed in section 103(m) of the Water Resources Development 
Act of 1986, as amended: Provided further, That the Chief of Engi-
neers is directed to use $4,000,000 of the funds appropriated herein 
for planning, engineering, design or construction of the Grundy, 
Buchanan County, and Dickenson County, Virginia, elements of 
the Levisa and Tug Forks of the Big Sandy River and Upper 
Cumberland River Project: Provided further, That the Chief of Engi-
neers is directed to use $2,750,000 of the funds appropriated herein 
to continue planning, engineering, design or construction of the 
Lower Mingo County, Upper Mingo County, Wayne County, 
McDowell County, West Virginia, elements of the Levisa and Tug 
Forks of the Big Sandy River and Upper Cumberland River Project: 
Provided further, That the Secretary of the Army, acting through 
the Chief of Engineers, is directed to use $9,500,000 of the funds 
appropriated herein for the Clover Fork, City of Cumberland, Town 
of Martin, Pike County (including Levisa Fork and Tug Fork Tribu-
taries), Bell County, Harlan County in accordance with the Draft 
Detailed Project Report dated January 2002, Floyd County, Martin 
County, Johnson County, and Knox County, Kentucky, detailed 
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123 STAT. 2847 
PUBLIC LAW 111–85—OCT. 28, 2009 
project report, elements of the Levisa and Tug Forks of the Big 
Sandy River and Upper Cumberland River: Provided further, That 
not less than $3,000,000 of the funds provided for the Levisa and 
Tug Forks in Kentucky shall be used for the project in the Town 
of Martin, Kentucky. 
MISSISSIPPI RIVER AND TRIBUTARIES 
For expenses necessary for flood damage reduction projects 
and related efforts in the Mississippi River alluvial valley below 
Cape Girardeau, Missouri, as authorized by law, $340,000,000, to 
remain available until expended, of which such sums as are nec-
essary to cover the Federal share of eligible operation and mainte-
nance costs for inland harbors shall be derived from the Harbor 
Maintenance Trust Fund: Provided, That the Secretary of the Army, 
acting through the Chief of Engineers is directed to use $9,661,000 
appropriated herein for construction of water withdrawal features 
of the Grand Prairie, Arkansas, project. 
OPERATION AND MAINTENANCE 
For expenses necessary for the operation, maintenance, and 
care of existing river and harbor, flood and storm damage reduction, 
aquatic ecosystem restoration, and related projects authorized by 
law; providing security for infrastructure owned or operated by 
the Corps, including administrative buildings and laboratories; 
maintaining harbor channels provided by a State, municipality, 
or other public agency that serve essential navigation needs of 
general commerce, where authorized by law; surveying and charting 
northern and northwestern lakes and connecting waters; clearing 
and straightening channels; and removing obstructions to naviga-
tion, $2,400,000,000, to remain available until expended, of which 
such sums as are necessary to cover the Federal share of eligible 
operation and maintenance costs for coastal harbors and channels, 
and for inland harbors shall be derived from the Harbor Mainte-
nance Trust Fund; of which such sums as become available from 
the special account for the Corps established by the Land and 
Water Conservation Act of 1965 (16 U.S.C. 460l–6a(i)), shall be 
derived from that account for resource protection, research, 
interpretation, and maintenance activities related to resource 
protection in the areas at which outdoor recreation is available; 
and of which such sums as become available from fees collected 
under section 217 of the Water Resources Development Act of 
1996 (Public Law 104–303) shall be used to cover the cost of 
operation and maintenance of the dredged material disposal facili-
ties for which such fees have been collected: Provided, That 1 
percent of the total amount of funds provided for each of the 
programs, projects or activities funded under this heading shall 
not be allocated to a field operating activity prior to the beginning 
of the fourth quarter of the fiscal year and shall be available 
for use by the Chief of Engineers to fund such emergency activities 
as the Chief of Engineers determines to be necessary and appro-
priate; and that the Chief of Engineers shall allocate during the 
fourth quarter any remaining funds which have not been used 
for emergency activities proportionally in accordance with the 
amounts provided for the programs, projects or activities. 
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123 STAT. 2848 
PUBLIC LAW 111–85—OCT. 28, 2009 
REGULATORY PROGRAM 
For expenses necessary for administration of laws pertaining 
to regulation of navigable waters and wetlands, $190,000,000, to 
remain available until expended. 
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 
For expenses necessary to clean up contamination from sites 
in the United States resulting from work performed as part of 
the Nation’s early atomic energy program, $134,000,000, to remain 
available until expended. 
EXPENSES 
For expenses necessary for the supervision and general 
administration of the civil works program in the headquarters 
of the United States Army Corps of Engineers and the offices 
of the Division Engineers; and for the management and operation 
of the Humphreys Engineer Center Support Activity, the Institute 
for Water Resources, the United States Army Engineer Research 
and Development Center, and the United States Army Corps of 
Engineers Finance Center, $185,000,000, to remain available until 
expended, of which not to exceed $5,000 may be used for official 
reception and representation purposes and only during the current 
fiscal year: Provided, That no part of any other appropriation pro-
vided in title I of this Act shall be available to fund the civil 
works activities of the Office of the Chief of Engineers or the 
civil works executive direction and management activities of the 
division offices: Provided further, That any Flood Control and 
Coastal Emergencies appropriation may be used to fund the super-
vision and general administration of emergency operations, repairs, 
and other activities in response to any flood, hurricane, or other 
natural disaster. 
OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL WORKS) 
For the Office of Assistant Secretary of the Army (Civil Works) 
as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain avail-
able until expended. 
ADMINISTRATIVE PROVISION 
The Revolving Fund, Corps of Engineers, shall be available 
during the current fiscal year for purchase (not to exceed 100 
for replacement only) and hire of passenger motor vehicles for 
the civil works program. 
GENERAL PROVISIONS, CORPS OF ENGINEERS—CIVIL 
SEC. 101. (a) None of the funds provided in title I of this 
Act, or provided by previous appropriations Acts to the agencies 
or entities funded in title I of this Act that remain available for 
obligation or expenditure in fiscal year 2010, shall be available 
for obligation or expenditure through a reprogramming of funds 
that: 
(1) creates or initiates a new program, project, or activity; 
(2) eliminates a program, project, or activity; 
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123 STAT. 2849 
PUBLIC LAW 111–85—OCT. 28, 2009 
(3) increases funds or personnel for any program, project, 
or activity for which funds have been denied or restricted 
by this Act, unless prior approval is received from the House 
and Senate Committees on Appropriations; 
(4) proposes to use funds directed for a specific activity 
for a different purpose, unless prior approval is received from 
the House and Senate Committees on Appropriations; 
(5) augments or reduces existing programs, projects or 
activities in excess of the amounts contained in subsections 
6 through 10, unless prior approval is received from the House 
and Senate Committees on Appropriations; 
(6) INVESTIGATIONS.—For a base level over $100,000, re-
programming of 25 percent of the base amount up to a limit 
of $150,000 per project, study or activity is allowed: Provided, 
That for a base level less than $100,000, the reprogramming 
limit is $25,000: Provided further, That up to $25,000 may 
be reprogrammed into any continuing study or activity that 
did not receive an appropriation for existing obligations and 
concomitant administrative expenses; 
(7) CONSTRUCTION.—For a base level over $2,000,000, re-
programming of 15 percent of the base amount up to a limit 
of $3,000,000 per project, study or activity is allowed: Provided, 
That for a base level less than $2,000,000, the reprogramming 
limit is $300,000: Provided further, That up to $3,000,000 may 
be reprogrammed for settled contractor claims, changed condi-
tions, or real estate deficiency judgments: Provided further, 
That up to $300,000 may be reprogrammed into any continuing 
study or activity that did not receive an appropriation for 
existing obligations and concomitant administrative expenses; 
(8) OPERATION AND MAINTENANCE.—Unlimited reprogram-
ming authority is granted in order for the Corps to be able 
to respond to emergencies: Provided, That the Chief of Engi-
neers must notify the House and Senate Committees on Appro-
priations of these emergency actions as soon thereafter as prac-
ticable: Provided further, That for a base level over $1,000,000, 
reprogramming of 15 percent of the base amount a limit of 
$5,000,000 per project, study or activity is allowed: Provided 
further, That for a base level less than $1,000,000, the re-
programming limit is $150,000: Provided further, That $150,000 
may be reprogrammed into any continuing study or activity 
that did not receive an appropriation; 
(9) MISSISSIPPI
RIVER
AND
TRIBUTARIES.—The same re-
programming guidelines for the Investigations, Construction, 
and Operation and Maintenance portions of the Mississippi 
River and Tributaries Account as listed above; and 
(10) FORMERLY
UTILIZED
SITES
REMEDIAL
ACTION
PRO-
GRAM.—Reprogramming of up to 15 percent of the base of 
the receiving project is permitted. 
(b) DIMINIMUS REPROGRAMMINGS.—In no case should a re-
programming for less than $50,000 be submitted to the House 
and Senate Committees on Appropriations. 
(c) CONTINUING AUTHORITIES PROGRAM.—Subsection (a)(1) shall 
not apply to any project or activity funded under the continuing 
authorities program. 
(d) Not later than 60 days after the date of enactment of 
this Act, the Corps of Engineers shall submit a report to the 
House and Senate Committees on Appropriations to establish the 
Deadline. 
Reports. 
Notification. 
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123 STAT. 2850 
PUBLIC LAW 111–85—OCT. 28, 2009 
baseline for application of reprogramming and transfer authorities 
for the current fiscal year: Provided, That the report shall include: 
(1) A table for each appropriation with a separate column 
to display the President’s budget request, adjustments made 
by Congress, adjustments due to enacted rescissions, if appro-
priate, and the fiscal year enacted level; 
(2) A delineation in the table for each appropriation both 
by object class and program, project and activity as detailed 
in the budget appendix for the respective appropriations; and 
(3) An identification of items of special congressional 
interest. 
SEC. 102. None of the funds in this Act, or previous Acts, 
making funds available for Energy and Water Development, shall 
be used to implement any pending or future competitive sourcing 
actions under OMB Circular A–76 or High Performing Organiza-
tions for the U.S. Army Corps of Engineers. 
SEC. 103. None of the funds made available in this title may 
be used to award or modify any contract that commits funds beyond 
the amounts appropriated for that program, project, or activity 
that remain unobligated, except that such amounts may include 
any funds that have been made available through reprogramming 
pursuant to section 101. 
SEC. 104. None of the funds in this Act, or previous Acts 
making funds available for Energy and Water Development, shall 
be used to award any continuing contract that commits additional 
funding from the Inland Waterways Trust Fund unless or until 
such time that a long-term mechanism to enhance revenues in 
the Fund sufficient to meet the cost-sharing authorized in the 
Water Resources Development Act of 1986 (Public Law 99–662) 
is enacted. 
SEC. 105. The project for navigation, Two Harbors, Minnesota, 
being carried out under section 107 of the River and Harbor Act 
of 1960 (33 U.S.C. 577), and modified by section 3101 of the Water 
Resources Development Act of 2007 (121 Stat. 1133), is further 
modified to direct the Secretary to credit, in accordance with section 
221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b), toward 
the non-Federal share of the project the cost of planning, design, 
and construction work carried out by the non-Federal interest for 
the project before the date of execution of a partnership agreement 
for the project. 
SEC. 106. Section 154(h) of title I of division B of the Miscella-
neous Appropriations Act, 2001 (114 Stat. 2763A–254) (as enacted 
into law by Public Law 106–554) is amended by striking 
‘‘$40,000,000’’ and inserting ‘‘$60,000,000’’. 
SEC. 107. The Secretary is directed to use such funds as are 
necessary, from amounts made available in this Act under the 
heading ‘‘Construction’’, to expedite acquisition of those properties 
located 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 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. Within 90 days of the date of the Chief of Engineers 
Report on a water resource matter, the Assistant Secretary of 
the Army (Civil Works) shall submit the report to the appropriate 
authorizing and appropriating committees of the Congress. 
Deadline. 
Reports. 
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123 STAT. 2851 
PUBLIC LAW 111–85—OCT. 28, 2009 
SEC. 109. (a) IN GENERAL.—Subject to subsection (b), none 
of the funds made available by this Act may be used to carry 
out any water reallocation project or component under the Wolf 
Creek Project, Lake Cumberland, Kentucky, authorized under the 
Act of June 28, 1938 (52 Stat. 1215, ch. 795) and the Act of 
July 24, 1946 (60 Stat. 636, ch. 595). 
(b) EXISTING REALLOCATIONS.—Subsection (a) shall not apply 
to any water reallocation for Lake Cumberland, Kentucky, that 
is carried out subject to an agreement or payment schedule in 
effect on the date of enactment of this Act. 
SEC. 110. Section 592(g) of Public Law 106–53 (113 Stat. 380), 
as amended by section 120 of Public Law 108–137 (117 Stat. 1837) 
and section 5097 of Public Law 110–114 (121 Stat. 1233), is further 
amended by striking ‘‘$110,000,000’’ and inserting ‘‘$200,000,000’’ 
in lieu thereof. 
SEC. 111. The project for flood control, Big Sioux River and 
Skunk Creek, Sioux Falls, South Dakota authorized by section 
101(a)(28) of the Water Resources Development Act of 1996 (Public 
Law 104–303; 110 Stat. 3666), is modified to authorize the Secretary 
to construct the project at an estimated total cost of $53,500,000, 
with an estimated Federal cost of $37,700,000 and an estimated 
non-Federal cost of $15,800,000. 
SEC. 112. Section 595(h) of Public Law 106–53 (113 Stat. 384), 
as amended by section 5067 of Public Law 110–114 (121 Stat. 
1219), is further amended by— 
(1) striking the phrase ‘‘$25,000,000 for each of Montana 
and New Mexico’’ and inserting the following language in lieu 
thereof: ‘‘$75,000,000 for Montana, $25,000,000 for New 
Mexico’’; and 
(2) striking ‘‘$50,000,000’’ and inserting ‘‘$100,000,000’’ in 
lieu thereof. 
SEC. 113. The project for flood damage reduction, Des Moines 
and Raccoon Rivers, Des Moines Iowa, authorized by section 
1001(21) of the Water Resources Development Act of 2007 (121 
Stat. 1053), is modified to authorize the Secretary to construct 
the project at a total cost of $16,500,000 with an estimated Federal 
cost of $10,725,000 and an estimated non-Federal cost of $5,775,000. 
SEC. 114. The project for flood damage reduction, Breckenridge, 
Minnesota, authorized by section 320 of the Water Resources 
Development Act of 2000 (Public Law 106–541; 114 Stat. 2605), 
is modified to authorize the Secretary to construct the project at 
a total cost of $39,360,000 with an estimated Federal cost of 
$25,000,000 and an estimated non-Federal cost of $14,360,000. 
SEC. 115. Section 122 of title I of division D of the Consolidated 
Appropriations Resolution, 2003 (Public Law 108–7; 117 Stat. 141) 
is amended by striking ‘‘$10,000,000’’ and inserting ‘‘$27,000,000’’ 
in lieu thereof. 
SEC. 116. The Secretary of the Army is authorized to carry 
out structural and non-structural projects for storm damage preven-
tion and reduction, coastal erosion, and ice and glacial damage 
in Alaska, including relocation of affected communities and 
construction of replacement facilities: Provided, That the non-Fed-
eral share of any project carried out pursuant to this section shall 
be no more than 35 percent of the total cost of the project and 
shall be subject to the ability of the non-Federal interest to pay, 
as determined in accordance with 33 U.S.C. 2213(m). 
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123 STAT. 2852 
PUBLIC LAW 111–85—OCT. 28, 2009 
SEC. 117. Section 3111(1) of the Water Resources Development 
Act, 2007 (Public Law 110–114; 121 Stat. 1041) is amended by 
inserting after the word ‘‘before’’, the following: ‘‘, on and after’’. 
SEC. 118. The flood control project for West Sacramento, Cali-
fornia, authorized by section 101(4), Water Resources Development 
Act, 1992, Public Law 102–580; Energy and Water Development 
Appropriations Act, 1999, Public Law 105–245, is modified to 
authorize the Secretary of Army, acting through the Chief of Engi-
neers, to construct the project at a total cost of $53,040,000 with 
an estimated first Federal cost of $38,355,000 and an estimated 
non-Federal first cost of $14,685,000. 
SEC. 119. Section 528(b)(3)(C)(ii) of the Water Resources 
Development Act of 1996 (110 Stat. 3769; 121 Stat. 1270) is 
amended— 
(1) in subclause (I), by striking ‘‘subclause (II)’’ and 
inserting ‘‘subclauses (II) and (III)’’; and 
(2) by adding at the end the following: 
‘‘(III) TEN
MILE
CREEK
WATER
PRESERVE 
AREA.—The Federal share of the cost of the Ten 
Mile Creek Water Preserve Area may exceed 
$25,000,000 by an amount equal to not more than 
$3,500,000, which shall be used to pay the Federal 
share of the cost of— 
‘‘(aa) the completion of a post authoriza-
tion change report; and 
‘‘(bb) the maintenance of the Ten Mile 
Creek Water Preserve Area in caretaker status 
through fiscal year 2013.’’. 
SEC. 120. As soon as practicable after the date of enactment 
of this Act, from funds made available before the date of enactment 
of this Act for the Tampa Harbor Big Bend Channel project, the 
Secretary of the Army shall reimburse the non-Federal sponsor 
of the Tampa Harbor Big Bend Channel project for the Federal 
share of the dredging work carried out for the project. 
SEC. 121. Notwithstanding any other provision of law, including 
section 103(c)(4) of Public Law 99–662 (33 U.S.C. 2213(c)(4)), the 
cost of any work carried out heretofore or hereafter on construction 
of the trail system authorized for the J. Percy Priest Dam and 
Reservoir, Tennessee by section 5132 of Public Law 110–114 (121 
Stat. 1249) shall be a Federal cost, the total of which may not 
exceed $10,300,000. 
SEC. 122. Section 3112(1) of the Water Resources Development 
Act, 2007 (Public Law 110–114; 121 Stat. 1041) is amended by 
inserting after the word ‘‘before’’, the following: ‘‘, on and after’’. 
SEC. 123. Section 805(a)(2) of Public Law 106–541 (114 Stat. 
2704) is amended by striking ‘‘2010’’ each place it appears and 
inserting ‘‘2013’’. 
SEC. 124. The Secretary of the Army is authorized to carry 
out the project for storm damage reduction, Kahuku, Oahu, Hawaii, 
at a total cost of $6,700,000, with an estimated Federal cost of 
$4,360,000 and an estimated non-Federal cost of $2,340,000. 
SEC. 125. The Secretary of the Army is authorized to acquire 
24 parcels of land consisting of approximately 235 acres located 
within Township 21 South, Range 28 East, Sections 25, 26, 27, 
34, 35 and 36, and Township 22 South, Range 28 East, Section 
3 in Tulare County, for the Dam Safety Seismic Remediation project 
at Success Dam on the Tule River in the State of California, 
Land acquisition. 
California. 
16 USC 668dd 
note. 
121 Stat. 1136. 
121 Stat. 1136. 
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123 STAT. 2853 
PUBLIC LAW 111–85—OCT. 28, 2009 
authorized by section 10 of the Flood Control Act of December 
22, 1944 (58 Stat. 901); Provided, That the lands shall be available 
for use in connection with any activity carried out at the Success 
Dam and Reservoir. 
SEC. 126. During the 1-year period beginning on the date of 
enactment of this Act, the Secretary of the Army shall implement 
measures recommended in the efficacy study, or provided in interim 
reports, authorized under section 3061 of the Water Resources 
Development Act of 2007 (121 Stat. 1121), with such modifications 
or emergency measures as the Secretary of the Army determines 
to be appropriate, to prevent aquatic nuisance species from 
bypassing the Chicago Sanitary and Ship Canal Dispersal Barrier 
Project referred to in that section and to prevent aquatic nuisance 
species from dispersing into the Great Lakes. 
TITLE II 
DEPARTMENT OF THE INTERIOR 
CENTRAL UTAH PROJECT 
CENTRAL UTAH PROJECT COMPLETION ACCOUNT 
For carrying out activities authorized by the Central Utah 
Project Completion Act, $40,300,000, to remain available until 
expended, of which $1,500,000 shall be deposited into the Utah 
Reclamation Mitigation and Conservation Account for use by the 
Utah Reclamation Mitigation and Conservation Commission. In 
addition, for necessary expenses incurred in carrying out related 
responsibilities of the Secretary of the Interior, $1,704,000, to 
remain available until expended. For fiscal year 2010, the Commis-
sion may use an amount not to exceed $1,500,000 for administrative 
expenses. 
BUREAU OF RECLAMATION 
The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation: 
WATER AND RELATED RESOURCES 
(INCLUDING TRANSFERS OF FUNDS) 
For management, development, and restoration of water and 
related natural resources and for related activities, including the 
operation, maintenance, and rehabilitation of reclamation and other 
facilities, participation in fulfilling related Federal responsibilities 
to Native Americans, and related grants to, and cooperative and 
other agreements with, State and local governments, federally rec-
ognized Indian tribes, and others, $951,158,000, to remain available 
until expended, of which $48,740,000 shall be available for transfer 
to the Upper Colorado River Basin Fund and $17,256,000 shall 
be available for transfer to the Lower Colorado River Basin Develop-
ment Fund; of which such amounts as may be necessary may 
be advanced to the Colorado River Dam Fund; of which not more 
than $500,000 is for high priority projects which shall be carried 
out by the Youth Conservation Corps, as authorized by 16 U.S.C. 
1706: Provided, That such transfers may be increased or decreased 
Time period. 
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123 STAT. 2854 
PUBLIC LAW 111–85—OCT. 28, 2009 
within the overall appropriation under this heading: Provided fur-
ther, That of the total appropriated, the amount for program activi-
ties that can be financed by the Reclamation Fund or the Bureau 
of Reclamation special fee account established by 16 U.S.C. 460l– 
6a(i) shall be derived from that Fund or account: Provided further, 
That funds contributed under 43 U.S.C. 395 are available until 
expended for the purposes for which contributed: Provided further, 
That funds advanced under 43 U.S.C. 397a shall be credited to 
this account and are available until expended for the same purposes 
as the sums appropriated under this heading: Provided further, 
That $3,500,000 of the funds appropriated under this heading shall 
be deposited in the San Gabriel Basin Restoration Fund established 
by section 110 of title I of appendix D of Public Law 106–554: 
Provided further, That $5,000,000 of the funds appropriated under 
this heading shall be available for the ‘‘Power Program Services’’ 
to implement the Bureau of Reclamation’s hydropower facilities 
installations identified under section 1834 of the Energy Policy 
Act of 2005: Provided further, That the funds provided herein for 
the St. Mary Storage Unit facilities, Milk River Project, Montana, 
shall be used on a nonreimbursible basis: Provided further, That 
funds available for expenditure for the Departmental Irrigation 
Drainage Program may be expended by the Bureau of Reclamation 
for site remediation on a nonreimbursable basis. 
CENTRAL VALLEY PROJECT RESTORATION FUND 
For carrying out the programs, projects, plans, habitat restora-
tion, improvement, and acquisition provisions of the Central Valley 
Project Improvement Act, $35,358,000, to be derived from such 
sums as may be collected in the Central Valley Project Restoration 
Fund pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public 
Law 102–575, to remain available until expended: Provided, That 
the Bureau of Reclamation is directed to assess and collect the 
full amount of the additional mitigation and restoration payments 
authorized by section 3407(d) of Public Law 102–575: Provided 
further, That none of the funds made available under this heading 
may be used for the acquisition or leasing of water for in-stream 
purposes if the water is already committed to in-stream purposes 
by a court adopted decree or order. 
CALIFORNIA BAY-DELTA RESTORATION 
(INCLUDING TRANSFERS OF FUNDS) 
For carrying out activities authorized by the Water Supply, 
Reliability, and Environmental Improvement Act, consistent with 
plans to be approved by the Secretary of the Interior, $40,000,000, 
to remain available until expended, of which such amounts as 
may be necessary to carry out such activities may be transferred 
to appropriate accounts of other participating Federal agencies to 
carry out authorized purposes: Provided, That funds appropriated 
herein may be used for the Federal share of the costs of CALFED 
Program management: Provided further, That the use of any funds 
provided to the California Bay-Delta Authority for program-wide 
management and oversight activities shall be subject to the approval 
of the Secretary of the Interior: Provided further, That CALFED 
implementation shall be carried out in a balanced manner with 
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123 STAT. 2855 
PUBLIC LAW 111–85—OCT. 28, 2009 
clear performance measures demonstrating concurrent progress in 
achieving the goals and objectives of the Program. 
POLICY AND ADMINISTRATION 
For necessary expenses of policy, administration, and related 
functions in the Office of the Commissioner, the Denver office, 
and offices in the five regions of the Bureau of Reclamation, to 
remain available until expended, $61,200,000, to be derived from 
the Reclamation Fund and be nonreimbursable as provided in 43 
U.S.C. 377: Provided, That no part of any other appropriation 
in this Act shall be available for activities or functions budgeted 
as policy and administration expenses. 
ADMINISTRATIVE PROVISION 
Appropriations for the Bureau of Reclamation shall be available 
for purchase of not to exceed seven passenger motor vehicles, which 
are for replacement only. 
GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR 
SEC. 201. (a) None of the funds provided in title II of this 
Act for Water and Related Resources, or provided by previous 
appropriations Acts to the agencies or entities funded in title II 
of this Act for Water and Related Resources that remain available 
for obligation or expenditure in fiscal year 2010, shall be available 
for obligation or expenditure through a reprogramming of funds 
that— 
(1) initiates or creates a new program, project, or activity; 
(2) eliminates a program, project, or activity; 
(3) increases funds for any program, project, or activity 
for which funds have been denied or restricted by this Act, 
unless prior approval is received from the Committees on 
Appropriations of the House of Representatives and the Senate; 
(4) restarts or resumes any program, project or activity 
for which funds are not provided in this Act, unless prior 
approval is received from the Committees on Appropriations 
of the House of Representatives and the Senate; 
(5) transfers funds in excess of the following limits, unless 
prior approval is received from the Committees on Appropria-
tions of the House of Representatives and the Senate: 
(A) 15 percent for any program, project or activity 
for which $2,000,000 or more is available at the beginning 
of the fiscal year; or 
(B) $300,000 for any program, project or activity for 
which less than $2,000,000 is available at the beginning 
of the fiscal year; 
(6) transfers more than $500,000 from either the Facilities 
Operation, Maintenance, and Rehabilitation category or the 
Resources Management and Development category to any pro-
gram, project, or activity in the other category, unless prior 
approval is received from the Committees on Appropriations 
of the House of Representatives and the Senate; or 
(7) transfers, where necessary to discharge legal obligations 
of the Bureau of Reclamation, more than $5,000,000 to provide 
adequate funds for settled contractor claims, increased con-
tractor earnings due to accelerated rates of operations, and 
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123 STAT. 2856 
PUBLIC LAW 111–85—OCT. 28, 2009 
real estate deficiency judgments, unless prior approval is 
received from the Committees on Appropriations of the House 
of Representatives and the Senate. 
(b) Subsection (a)(5) shall not apply to any transfer of funds 
within the Facilities Operation, Maintenance, and Rehabilitation 
category. 
(c) For purposes of this section, the term ‘‘transfer’’ means 
any movement of funds into or out of a program, project, or activity. 
(d) The Bureau of Reclamation shall submit reports on a quar-
terly basis to the Committees on Appropriations of the House of 
Representatives 
and 
the 
Senate 
detailing 
all 
the 
funds 
reprogrammed between programs, projects, activities, or categories 
of funding. The first quarterly report shall be submitted not later 
than 60 days after the date of enactment of this Act. 
SEC. 202. (a) None of the funds appropriated or otherwise 
made available by this Act may be used to determine the final 
point of discharge for the interceptor drain for the San Luis Unit 
until development by the Secretary of the Interior and the State 
of California of a plan, which shall conform to the water quality 
standards of the State of California as approved by the Adminis-
trator of the Environmental Protection Agency, to minimize any 
detrimental effect of the San Luis drainage waters. 
(b) The costs of the Kesterson Reservoir Cleanup Program 
and the costs of the San Joaquin Valley Drainage Program shall 
be classified by the Secretary of the Interior 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 the report entitled 
‘‘Repayment Report, Kesterson Reservoir Cleanup Program and San 
Joaquin Valley Drainage Program, February 1995’’, prepared by 
the Department of the Interior, Bureau of Reclamation. Any future 
obligations of funds by the United States relating to, or providing 
for, drainage service or drainage studies for the San Luis Unit 
shall be fully reimbursable by San Luis Unit beneficiaries of such 
service or studies pursuant to Federal reclamation law. 
SEC. 203. None of the funds appropriated or otherwise made 
available by this or any other Act may be used 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 unless said 
purchase or lease is in compliance with the purchase requirements 
of section 202 of Public Law 106–60. 
SEC. 204. Funds under this title for Drought Emergency Assist-
ance shall be made available primarily for leasing of water for 
specified drought related purposes from willing lessors, in compli-
ance with existing State laws and administered under State water 
priority allocation. 
SEC. 205. Section 9 of the Fort Peck Reservation Rural Water 
System Act of 2000 (Public Law 106–382; 114 Stat. 1457) is 
amended by striking ‘‘over a period of 10 fiscal years’’ each place 
it appears in subsections (a)(1) and (b) and inserting ‘‘through 
fiscal year 2015’’. 
SEC. 206. Section 208(a) of the Energy and Water Development 
Appropriations Act, 2006 (Public Law 109–103; 119 Stat. 2268), 
is amended— 
(1) in paragraph (1)— 
New Mexico. 
California. 
Plans. 
Reports. 
Deadlines. 
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123 STAT. 2857 
PUBLIC LAW 111–85—OCT. 28, 2009 
(A) by redesignating clauses (i) through (iv) of subpara-
graph (B) as subclauses (I) through (IV), respectively, and 
indenting the subclauses appropriately; 
(B) by redesignating subparagraphs (A) and (B) as 
clauses (i) and (ii), respectively, and indenting the clauses 
appropriately; 
(C) by striking ‘‘(a)(1) Using’’ and inserting the fol-
lowing: 
‘‘(a) ACTION BY SECRETARY.— 
‘‘(1) PROVISION OF FUNDS.— 
‘‘(A) IN GENERAL.—Using’’; 
(D) in subparagraph (A) (as so redesignated)— 
(i) in the matter preceding clause (i) (as so redesig-
nated), by inserting ‘‘or the National Fish and Wildlife 
Foundation’’ after ‘‘University of Nevada’’; 
(ii) in clause (ii)(IV) (as so redesignated), by 
striking the period at the end and inserting ‘‘; and’’; 
and 
(iii) by adding at the end the following: 
‘‘(iii) to design and implement conservation and 
stewardship measures to address impacts from activi-
ties carried out— 
‘‘(I) under clause (i); and 
‘‘(II) in conjunction with willing landowners.’’; 
and 
(E) by adding at the end the following: 
‘‘(B) NATIONAL FISH AND WILDLIFE FOUNDATION.— 
‘‘(i) DATE OF PROVISION.—The Secretary shall pro-
vide funds to the National Fish and Wildlife Founda-
tion pursuant to subparagraph (A) in an advance pay-
ment of the available amount— 
‘‘(I) on the date of enactment of the Energy 
and Water Development and Related Agencies 
Appropriations Act, 2010; or 
‘‘(II) as soon as practicable after that date 
of enactment. 
‘‘(ii) REQUIREMENTS.— 
‘‘(I) IN GENERAL.—Except as provided in sub-
clause (II), the funds provided under clause (i) 
shall be subject to the National Fish and Wildlife 
Foundation Establishment Act (16 U.S.C. 3701 et 
seq.), in accordance with section 10(b)(1) of that 
Act (16 U.S.C. 3709(b)(1)). 
‘‘(II) EXCEPTIONS.—Sections 4(e) and 10(b)(2) 
of the National Fish and Wildlife Foundation 
Establishment Act (16 U.S.C. 3703(e), 3709(b)(2)), 
and the provision of subsection (c)(2) of section 
4 of that Act (16 U.S.C. 3703) relating to subsection 
(e) of that section, shall not apply to the funds 
provided under clause (i).’’; and 
(2) in paragraph (2)— 
(A) in the matter preceding subparagraph (A), by 
striking ‘‘paragraph (1)(A)’’ and all that follows through 
‘‘beneficial to—’’ and inserting ‘‘paragraph (1)(A)(i), the 
University of Nevada or the National Fish and Wildlife 
Foundation shall make acquisitions that the University 
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123 STAT. 2858 
PUBLIC LAW 111–85—OCT. 28, 2009 
or the Foundation determines to be the most beneficial 
to—’’; and 
(B) in subparagraph (A), by striking ‘‘paragraph (1)(B)’’ 
and inserting ‘‘paragraph (1)(A)(ii)’’. 
SEC. 207. Section 2507(b) of the Farm Security and Rural 
Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107– 
171) is amended— 
(1) in paragraph (1), by striking ‘‘or’’ at the end; 
(2) in paragraph (2), by striking the period at the end 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(3) for efforts consistent with researching, supporting, and 
conserving fish, wildlife, plant, and habitat resources in the 
Walker River Basin.’’. 
SEC. 208. (a) Of the amounts made available under section 
2507 of the Farm Security and Rural Investment Act of 2002 
(43 U.S.C. 2211 note; Public Law 107–171), the Secretary of the 
Interior, acting through the Commissioner of Reclamation, shall— 
(1) provide, subject to subsection (b), $66,200,000 to estab-
lish the Walker Basin Restoration Program for the primary 
purpose of restoring and maintaining Walker Lake, a natural 
desert terminal lake in the State of 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; and 
(2) allocate— 
(A) acting through a nonprofit conservation organiza-
tion that is acting in consultation with the Truckee 
Meadows Water Authority, $2,000,000, to remain available 
until expended, for— 
(i) the acquisition of land surrounding Independ-
ence Lake; and 
(ii) protection of the native fishery and water 
quality of Independence Lake, as determined by the 
nonprofit conservation organization; 
(B) $5,000,000 to provide grants of equal amounts to 
the State of Nevada, the State of California, the Truckee 
Meadows Water Authority, the Pyramid Lake Paiute Tribe, 
and the Federal Watermaster of the Truckee River to imple-
ment the Truckee-Carson-Pyramid Lake Water Rights 
Settlement Act (Public Law 101–618; 104 Stat. 3294); 
(C) $1,500,000, to be divided equally by the city of 
Fernley, Nevada, and the Pyramid Lake Paiute Tribe, for 
joint planning and development activities for water, waste-
water, and sewer facilities; 
(D) $1,000,000 to the United States Geological Survey 
to design and implement, in consultation and cooperation 
with other Federal departments and agencies, State and 
tribal governments, and other water management and con-
servation organizations, a water monitoring program for 
the Walker River Basin; and 
(E) $45,000,000 to implement the 1996 Truckee River 
Water Quality Settlement Agreement by acquiring water 
rights for the benefit of the Truckee River and Pyramid 
Lake. 
(b)(1) The amount made available under subsection (a)(1) shall 
be— 
Contracts. 
Nevada. 
Grants. 
Nevada. 
California. 
Nevada. 
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123 STAT. 2859 
PUBLIC LAW 111–85—OCT. 28, 2009 
(A) used, consistent with the primary purpose set forth 
in subsection (a)(1), to support efforts to preserve Walker Lake 
while protecting agricultural, environmental, and habitat 
interests in the Walker River Basin; and 
(B) allocated as follows: 
(i) $25,000,000 to the Walker River Irrigation District, 
acting in accordance with an agreement between that Dis-
trict and the National Fish and Wildlife Foundation— 
(I) to administer and manage a 3-year water 
leasing demonstration program in the Walker River 
Basin to increase Walker Lake inflows; and 
(II) for use in obtaining information regarding the 
establishment, budget, and scope of a longer-term 
leasing program. 
(ii) $25,000,000 to advance the acquisition of water 
and related interests from willing sellers authorized by 
section 208(a)(1)(A)(i) of the Energy and Water Develop-
ment Appropriations Act, 2006 (Public Law 109–103; 119 
Stat. 2268). 
(iii) $1,000,000 for activities relating to the exercise 
of acquired option agreements and implementation of the 
water leasing demonstration program, including but not 
limited to the pursuit of change applications, approvals, 
and agreements pertaining to the exercise of water rights 
and leases acquired under the program. 
(iv) $10,000,000 for associated conservation and 
stewardship activities, including water conservation and 
management, watershed planning, land stewardship, 
habitat restoration, and the establishment of a local, non-
profit entity to hold and exercise water rights acquired 
by, and to achieve the purposes of, the Walker Basin Res-
toration Program. 
(v) $5,000,000 to the University of Nevada, Reno, and 
the Desert Research Institute— 
(I) for additional research to supplement the water 
rights research conducted under section 208(a)(1)(A)(ii) 
of the Energy and Water Development Appropriations 
Act, 2006 (Public Law 109–103; 119 Stat. 2268); 
(II) to conduct an annual evaluation of the results 
of the activities carried out under clauses (i) and (ii); 
and 
(III) to support and provide information to the 
programs described in this subparagraph and related 
acquisition and stewardship initiatives to preserve 
Walker Lake and protect agricultural, environmental, 
and habitat interests in the Walker River Basin. 
(vi) $200,000 to support alternative crops and alter-
native agricultural cooperatives programs in Lyon and Min-
eral Counties, Nevada, that promote water conservation 
in the Walker River Basin. 
(2)(A) The amount made available under subsection (a)(1) shall 
be provided to the National Fish and Wildlife Foundation— 
(i) in an advance payment of the entire amount— 
(I) on the date of enactment of this Act; or 
(II) as soon as practicable after that date of enact-
ment; and 
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123 STAT. 2860 
PUBLIC LAW 111–85—OCT. 28, 2009 
(ii) except as provided in subparagraph (B), subject 
to the National Fish and Wildlife Foundation Establish-
ment Act (16 U.S.C. 3701 et seq.), in accordance with 
section 10(b)(1) of that Act (16 U.S.C. 3709(b)(1)). 
(B) Sections 4(e) and 10(b)(2) of the National Fish and 
Wildlife Foundation Establishment Act (16 U.S.C. 3703(e), 
3709(b)(2)), and the provision of subsection (c)(2) of section 
4 of that Act (16 U.S.C. 3703) relating to subsection (e) of 
that section, shall not apply to the amount made available 
under subsection (a)(1). 
SEC. 209. Notwithstanding the provisions of section 11(c) of 
Public Law 89–108, as amended by section 9 of Public Law 99– 
294, the Commissioner is directed to modify the April 9, 2002, 
Grant Agreement Between Bureau of Reclamation and North 
Dakota Natural Resources Trust to provide funding for the Trust 
to continue its investment program/Agreement No. 02FG601633 
to authorize the North Dakota Natural Resources Trust Board 
of Directors to expend all or any portion of the funding allocation 
received pursuant to section 11(a)(2)(B) of the Dakota Water 
Resources Act of 2000 for the purpose of operations of the Natural 
Resource Trust whether such amounts are principal or received 
as investment income: Provided, That operational expenses that 
may be funded from the principal allocation shall not exceed 105 
percent of the previous fiscal year’s operating costs: Provided fur-
ther, That the Commissioner of Reclamation is authorized to include 
in such modified agreement with the Trust authorized under this 
section appropriate provisions regarding the repayment of any funds 
that constitute principal from the Trust Funds. 
SEC. 210. Title I of Public Law 108–361 is amended by striking 
‘‘2010’’ wherever it appears and inserting ‘‘2014’’ in lieu thereof. 
SEC. 211. (a) Section 3405(a)(1)(M) of Public Law 102–575 
(106 Stat. 4709) is amended by striking ‘‘countries’’ and inserting 
‘‘counties’’. 
(b) A transfer of water between a Friant Division contractor 
and a south-of-Delta CVP agricultural water service contractor, 
approved during a two-year period beginning on the date of enact-
ment of this Act shall, be deemed to meet the conditions set forth 
in subparagraphs (A) and (I) of section 3405(a)(1) of Public Law 
102–575 (106 Stat. 4709) if the transfer under this clause— 
(1) does not interfere with the San Joaquin River Restora-
tion Settlement Act (part I of subtitle A of title X of Public 
Law 111–11; 123 Stat. 1349) (including the priorities described 
in section 10004(a)(4)(B) of that Act relating to implementation 
of paragraph 16 of the Settlement), and the Settlement (as 
defined in section 10003 of that Act); and 
(2) is completed by September 30, 2012. 
(c) As soon as practicable after the date of enactment of this 
Act, the Secretary of the Interior, acting through the Director 
of the United States Fish and Wildlife Service, shall revise, finalize, 
and implement the applicable draft recovery plan for the Giant 
Garter Snake (Thamnophis gigas). 
Draft recovery 
plan. 
Deadline. 
118 Stat. 1681. 
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123 STAT. 2861 
PUBLIC LAW 111–85—OCT. 28, 2009 
TITLE III 
DEPARTMENT OF ENERGY 
ENERGY PROGRAMS 
ENERGY EFFICIENCY AND RENEWABLE ENERGY 
For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and 
other expenses necessary for energy efficiency and renewable energy 
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, $2,242,500,000, 
to remain available until expended: Provided, That funds provided 
under this heading in this and prior appropriation Acts are available 
for on-site and off-site improvements for the Ingress/Egress and 
Traffic Capacity Upgrades project at the National Renewable 
Energy Laboratory: Provided further, That, of the $80,000,000 pro-
vided under the wind energy subaccount under Energy Efficiency 
and Renewable Energy, up to $8,000,000 may 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 production: Pro-
vided further, That, of the amount appropriated in this paragraph, 
$292,135,000 shall be used for the projects specified in the table 
that appears under the heading ‘‘Congressionally Directed Energy 
Efficiency and Renewable Energy Projects’’ in the joint explanatory 
statement accompanying the conference report on this Act. 
ELECTRICITY DELIVERY AND ENERGY RELIABILITY 
For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and 
other expenses necessary for electricity delivery and energy reli-
ability 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, 
$171,982,000, to remain available until expended: Provided, That, 
within the funding available funding the Secretary shall establish 
an independent national energy sector cyber security organization 
to institute research, development and deployment priorities, 
including policies and protocol to ensure the effective deployment 
of tested and validated 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 further, 
That within 60 days of enactment, the Secretary shall invite applica-
tions from qualified entities for the purpose of forming and gov-
erning 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; orga-
nize the collection, analysis and dissemination of infrastructure 
vulnerabilities and threats; work cooperatively with the Department 
of Energy and other Federal agencies to identify areas where Fed-
eral agencies with jurisdiction may best support efforts to enhance 
Deadline. 
Establishment. 
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123 STAT. 2862 
PUBLIC LAW 111–85—OCT. 28, 2009 
security of the bulk power electric grid: Provided further, That, 
of the amount appropriated in this paragraph, $13,075,000 shall 
be used for projects specified in the table that appears under 
the heading ‘‘Congressionally Directed Electricity Delivery and 
Energy Reliability Projects’’ in the joint explanatory statement 
accompanying the conference report on this Act. 
NUCLEAR ENERGY 
For Department of Energy expenses including the purchase, 
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.), 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 more than 
36 passenger motor vehicles, including one ambulance, all for 
replacement only, $786,637,000, to remain available until expended: 
Provided, That, of the amount appropriated in this paragraph, 
$2,500,000 shall be used for projects specified in the table that 
appears under the heading ‘‘Congressionally Directed Nuclear 
Energy Projects’’ in the joint explanatory statement accompanying 
the conference report on 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 95–91), including the 
acquisition of interest, including defeasible and equitable interests 
in any real property or any facility or for plant or facility acquisition 
or expansion, and for conducting inquiries, technological investiga-
tions 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), $672,383,000, 
to remain available until expended: Provided, 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: 
Provided further, That, of the amount appropriated in this para-
graph, $36,850,000 shall be used for projects specified in the table 
that appears under the heading ‘‘Congressionally Directed Fossil 
Energy Projects’’ in the joint explanatory statement accompanying 
the conference report on 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 passenger motor 
vehicles, $23,627,000, to remain available until expended: Provided, 
That, notwithstanding any other provision of law, unobligated funds 
remaining from prior 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 management activities 
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123 STAT. 2863 
PUBLIC LAW 111–85—OCT. 28, 2009 
pursuant to the Energy Policy and Conservation Act of 1975, as 
amended (42 U.S.C. 6201 et seq.), $243,823,000, 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 avail-
able until expended. 
NON-DEFENSE ENVIRONMENTAL CLEANUP 
For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and 
other expenses necessary for non-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, $244,673,000, to 
remain available until expended. 
URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING 
FUND 
For necessary expenses in carrying out uranium enrichment 
facility decontamination and decommissioning, remedial actions, 
and other activities of title II of the Atomic Energy Act of 1954, 
and title X, subtitle A, of the Energy Policy Act of 1992, 
$573,850,000, to be derived from the Uranium Enrichment Decon-
tamination and Decommissioning Fund, to remain available until 
expended. 
SCIENCE 
(INCLUDING TRANSFER OF FUNDS) 
For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and 
other expenses necessary for science 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 facility or for plant or facility acquisition, construc-
tion, or expansion, and purchase of not more than 50 passenger 
motor vehicles for replacement only, including one law enforcement 
vehicle, two ambulances, and three buses, $4,903,710,000, to remain 
available until expended: Provided, That $15,000,000 appropriated 
under this heading under prior appropriation Acts for the Advanced 
Research Projects Agency—Energy is hereby transferred to the 
‘‘Advanced Research Projects Agency—Energy’’ account: Provided 
further, That, of the amount appropriated in this paragraph, 
$76,890,000 shall be used for the projects specified in the table 
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123 STAT. 2864 
PUBLIC LAW 111–85—OCT. 28, 2009 
that appears under the heading ‘‘Congressionally Directed Science 
Projects’’ in the joint explanatory statement accompanying the con-
ference report on 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: Pro-
vided, That of the funds made available in this Act for nuclear 
waste disposal and defense nuclear waste disposal activities, 2.54 
percent shall be provided to the Office of the Attorney General 
of the State of Nevada solely for expenditures, other than salaries 
and expenses of State employees, to conduct scientific oversight 
responsibilities and participate in licensing activities pursuant 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 activities under section 117(d) of the NWPA: 
Provided further, That of the funds made available in this Act 
for nuclear waste disposal and defense nuclear waste disposal activi-
ties, 4.57 percent shall be provided to affected units of local govern-
ment, as defined in the NWPA, to conduct appropriate 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 government, 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 avail-
able 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 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 responsibilities 
over amounts provided to affected units of local government: Pro-
vided 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 nuclear waste disposal and defense nuclear waste 
disposal activities shall be provided to Nye County, Nevada, as 
payment equal to taxes under section 116(c)(3) of the NWPA: Pro-
vided further, That within 90 days of the completion of each Federal 
fiscal year, the Office of the Attorney General of the State of 
Nevada, each affected federally-recognized 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 
Penalty. 
Deadline. 
Nevada. 
Certification. 
Nevada. 
Nevada. 
Native 
Americans. 
California. 
Nevada. 
Nevada. 
Nevada. 
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123 STAT. 2865 
PUBLIC LAW 111–85—OCT. 28, 2009 
certification shall cause such entity to be prohibited from any fur-
ther 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-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 proceeds 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 of the funds made 
available in this Act for Nuclear Waste Disposal, $5,000,000 shall 
be provided to create a Blue Ribbon Commission to consider all 
alternatives for nuclear waste disposal: 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 bor-
rowers pursuant to section 1702(b)(2) of the Energy Policy Act 
of 2005 under this heading in prior Acts, shall be collected in 
accordance with section 502(7) of the Congressional Budget Act 
of 1974: Provided,, That for necessary administrative expenses to 
carry out this Loan Guarantee program, $43,000,000 is appro-
priated, to remain available until expended: Provided further, That 
$43,000,000 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 2010 appropriations from the general fund estimated at not 
more than $0: Provided further, That fees collected under section 
1702(h) in excess of the amount appropriated for administrative 
expenses shall not be available until appropriated. 
ADVANCED TECHNOLOGY VEHICLES MANUFACTURING LOAN 
PROGRAM 
For administrative expenses in carrying out the Advanced Tech-
nology Vehicles Manufacturing Loan Program, $20,000,000, to 
remain available until expended. 
DEPARTMENTAL ADMINISTRATION 
For salaries and expenses of the Department of Energy nec-
essary 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 expenses not to exceed $30,000, 
$288,684,000, to remain available until expended, plus such addi-
tional amounts as necessary to cover increases in the estimated 
amount of cost of work for others notwithstanding the provisions 
Lobbying. 
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123 STAT. 2866 
PUBLIC LAW 111–85—OCT. 28, 2009 
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 or greater amount, to remain available until expended: 
Provided 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 author-
ized 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 reve-
nues 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 appropriation 
from the general fund estimated at not more than $168,944,000. 
OFFICE OF THE INSPECTOR GENERAL 
For necessary expenses of the Office of the Inspector General 
in carrying out the provisions of the Inspector General Act of 
1978, as amended, $51,927,000, to remain available 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 capital equipment and 
other incidental expenses necessary for 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 condemnation of any real property or any facility 
or for plant or facility acquisition, construction, or expansion, the 
purchase of not to exceed one ambulance; $6,384,431,000, to remain 
available until expended: Provided, That $357,800,000 is provided 
to Stockpile Systems activities including $91,956,000 for the B61 
Stockpile Systems activities: Provided further, That upon completion 
of the Nuclear Posture Review and confirmation of the requirement 
for the B61–12, the NNSA is authorized to reallocate an additional 
$15,000,000 within the Stockpile Systems activities to support the 
continuation of the B61–12 non-nuclear upgrade study, with 
notification to cognizant congressional committees within 15 days 
of the implementation of this action: Provided further, That no 
funds may be obligated or expended for B61–12 nuclear components 
without prior approval by the Appropriations Committees of the 
House and Senate: Provided further, That, of the amount appro-
priated in this paragraph, $3,000,000 shall be used for the projects 
specified under the heading ‘‘Congressionally Directed Weapons 
Activities Projects’’ in the joint explanatory statement accompanying 
the conference report on this Act. 
DEFENSE NUCLEAR NONPROLIFERATION 
For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and 
Notification. 
Deadline. 
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123 STAT. 2867 
PUBLIC LAW 111–85—OCT. 28, 2009 
other incidental expenses necessary for defense nuclear non-
proliferation activities, in carrying out the purposes of the Depart-
ment 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 one passenger motor vehicle for 
replacement only, $2,136,709,000, to remain available until 
expended: Provided, That, of the amount appropriated in this para-
graph, $250,000 shall be used for the projects specified under the 
heading ‘‘Congressionally Directed Defense Nuclear Nonprolifera-
tion Projects’’ in the joint explanatory statement accompanying 
the conference report on this Act. 
NAVAL REACTORS 
For Department of Energy expenses necessary for naval reac-
tors activities to carry out the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition (by purchase, 
condemnation, construction, or otherwise) of real property, plant, 
and 
capital 
equipment, 
facilities, 
and 
facility 
expansion, 
$945,133,000, to remain available until expended. 
OFFICE OF THE ADMINISTRATOR 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Office of the Administrator in 
the National Nuclear Security Administration, including official 
reception and representation expenses not to exceed $12,000, 
$420,754,000, to remain available until expended: Provided, That 
$10,000,000 previously appropriated for cleanup efforts at Argonne 
National Lab shall be transferred to ‘‘Non-Defense Environmental 
Cleanup’’: Provided further, That, of the amount appropriated in 
this paragraph, $13,000,000 shall be used for the projects specified 
in the table that appears under the heading ‘‘Congressionally 
Directed Office of the Administrator (NNSA) Projects’’ in the joint 
explanatory statement accompanying the conference report on this 
Act. 
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 capital equipment and 
other expenses necessary for atomic energy 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, $5,642,331,000, to remain 
available until expended, of which $463,000,000 shall be transferred 
to the ‘‘Uranium Enrichment Decontamination and Decommis-
sioning Fund’’: Provided, That, of the amount appropriated in this 
paragraph, $4,000,000 shall be used for projects specified in the 
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123 STAT. 2868 
PUBLIC LAW 111–85—OCT. 28, 2009 
table that appears under the heading ‘‘Congressionally Directed 
Defense Environmental Cleanup Projects’’ in the joint explanatory 
statement accompanying the conference report on this Act. 
OTHER DEFENSE ACTIVITIES 
For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and 
other expenses, necessary for atomic energy defense, other defense 
activities, and classified 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, construc-
tion, or expansion, and the purchase of not to exceed 12 passenger 
motor vehicles for replacement only, $847,468,000, to remain avail-
able until expended: Provided, That of the amount appropriated 
in this paragraph, $3,000,000 shall be used for projects specified 
in the table that appears under the heading ‘‘Congressionally 
Directed Other Defense Activities Projects’’ in the joint explanatory 
statement accompanying the conference report on this Act. 
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 expansion, $98,400,000, 
to remain available until expended. 
POWER MARKETING ADMINISTRATIONS 
BONNEVILLE POWER ADMINISTRATION FUND 
Expenditures from the Bonneville Power Administration 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 rep-
resentation 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 
collected 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 annual 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 
Loans. 
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123 STAT. 2869 
PUBLIC LAW 111–85—OCT. 28, 2009 
than $0: Provided further, That, notwithstanding 31 U.S.C. 3302, 
up to $70,806,000 collected by the Southeastern Power Administra-
tion 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 expendi-
tures: Provided further, That notwithstanding the provisions of 
31 U.S.C. 3302 and section 5 of the Flood Control Act of 1944, 
all funds collected by the Southeastern Power Administration that 
are applicable to the repayment of the annual expenses of this 
account in this and subsequent fiscal years shall be credited to 
this account as discretionary offsetting collections for the sole pur-
pose 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 generally 
recovered in the same year that they are incurred (excluding pur-
chase 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 reception and representation expenses in an 
amount not to exceed $1,500 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 sec-
tion 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), up to 
$31,868,000 collected by the Southwestern Power Administration 
from the sale of power and related services shall be credited to 
this account as discretionary offsetting collections, to remain avail-
able until expended, 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 appropriation estimated 
at not more than $13,076,000: Provided further, That, notwith-
standing 31 U.S.C. 3302, up to $38,000,000 collected by the South-
western Power Administration 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 avail-
able 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 subsequent fiscal years shall be credited to 
this account as discretionary offsetting collections for the sole pur-
pose 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 generally 
recovered in the same year that they are incurred (excluding pur-
chase power and wheeling expenses). 
16 USC 825s–7. 
16 USC 825s–6. 
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123 STAT. 2870 
PUBLIC LAW 111–85—OCT. 28, 2009 
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 official reception and 
representation expenses in an amount not to exceed $1,500; 
$256,711,000 to remain available until expended, of which 
$245,216,000 shall be derived from the Department of the Interior 
Reclamation Fund: Provided, 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 related services 
shall be credited to this account as discretionary offsetting collec-
tions, to remain available until expended, for the sole purpose 
of funding the annual expenses of the Western Area Power Adminis-
tration: Provided further, 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 appropriation 
estimated at not more than $109,181,000, of which $97,686,000 
is derived from the Reclamation Fund: Provided further, That of 
the amount herein appropriated, $7,584,000 is for deposit into the 
Utah Reclamation Mitigation and Conservation Account pursuant 
to title IV of the Reclamation Projects Authorization and Adjust-
ment 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 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 remedi-
ation at the Basic Substation site in Henderson, Nevada: 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 Appropriation 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 
subsequent 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: Pro-
vided further, That for purposes of this appropriation, annual 
expenses means expenditures that are generally recovered in the 
same year that they are incurred (excluding purchase power and 
wheeling expenses). 
FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND 
For operation, maintenance, and emergency costs for the hydro-
electric 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 Administration, as provided in section 2 of 
the Act of June 18, 1954 (68 Stat. 255) as amended: Provided, 
42 USC 7276f. 
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123 STAT. 2871 
PUBLIC LAW 111–85—OCT. 28, 2009 
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 
Administration 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 annual 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 provi-
sions 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 and related 
services from the Falcon and Amistad Dams that are applicable 
to the repayment of the annual expenses of the hydroelectric facili-
ties of these Dams and associated Western Area Power Administra-
tion 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 avail-
able until expended: Provided further, That for purposes of this 
appropriation, annual expenses means expenditures that are gen-
erally recovered in the same year that they are incurred. 
FEDERAL ENERGY REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Energy Regulatory 
Commission to carry out the provisions of the Department 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: Provided, 
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: 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 obligation 
by this Act for severance payments and other benefits and 
community assistance grants under section 4604 of the Atomic 
Energy Defense Act (50 U.S.C. 2704) unless the Department 
of Energy submits a reprogramming request to the appropriate 
congressional committees; or 
Reprogramming 
request. 
42 USC 7171 
note. 
42 USC 7276g. 
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123 STAT. 2872 
PUBLIC LAW 111–85—OCT. 28, 2009 
(2) to provide enhanced severance payments or other bene-
fits for employees of the Department of Energy under such 
section; or 
(3) develop or implement a workforce restructuring plan 
that covers employees of the Department of Energy. 
SEC. 303. The unexpended balances of prior appropriations 
provided for activities in this Act may be available 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 Administration may 
be used to enter into any agreement to perform energy efficiency 
services outside the legally defined Bonneville service territory, 
with the exception of services provided internationally, including 
services provided on a reimbursable basis, unless the Administrator 
certifies in advance that such services are not available from private 
sector businesses. 
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 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 Department 
shall employ full and open competition in selecting 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 Depart-
mental 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 authorized 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 Authorization Act for fiscal year 2010. 
SEC. 307. Of the funds made available by the Department 
of Energy for activities at Government-owned, contractor-operated 
laboratories funded in this Act or subsequent Energy and Water 
Development Appropriations Acts, the Secretary may authorize a 
specific amount, not to exceed 8 percent of such funds, to be used 
by such laboratories for laboratory directed research and develop-
ment: 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. (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 contractor employees, 
the Secretary may transfer not more than 1 percent from each 
appropriation made available in this and subsequent Energy and 
Determination. 
Transfer 
authority. 
42 USC 7269 
note. 
50 USC 2791a 
note. 
Notice. 
Contracts. 
Certification. 
Workforce 
restructuring 
plan. 
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123 STAT. 2873 
PUBLIC LAW 111–85—OCT. 28, 2009 
Water Development Appropriation 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 Depart-
ment 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 Secretary 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 the Department 
in that fiscal year as a source for the transfer, and shall reduce 
each appropriation by an equal percentage, except that appropria-
tions for which the Secretary determines there exists a need for 
additional funds for pension plan costs in that fiscal year, as well 
as appropriations made available for the Power Marketing Adminis-
trations, the title XVII loan guarantee program, and the Federal 
Energy Regulatory Commission, shall not be subject to this require-
ment. 
(d) Each January, the Secretary shall report to the Committees 
on Appropriations of the House of Representatives and the Senate 
on the state of defined benefit pension plan liabilities in the Depart-
ment for the preceding year. 
(e) This transfer authority does not apply to supplemental 
appropriations, and is in addition to any other transfer authority 
provided in this or any other Act. The authority provided under 
this section shall expire on September 30, 2015. 
(f) The Secretary shall notify the Committees on Appropriations 
of the House of Representatives and the Senate in writing not 
less than 30 days in advance of each transfer authorized by this 
section. 
SEC. 309. (a) Subject to subsection (b), no funds appropriated 
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 Transmission 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. 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 (Public Law 111–5; 123 
Stat. 115), that the Bonneville Power Administration uses a fund 
symbol other than the Bonneville Power Administration Fund 
Treasury account fund symbol solely to report accrued expenditures 
of projects attributed by the Administrator of the Bonneville Power 
Administration to the increased borrowing authority. 
(c) This section is effective for fiscal year 2010 and subsequent 
fiscal years. 
SEC. 310. Section 1702 of the Energy Policy Act of 2005 (42 
U.S.C. 16512) is amended by adding at the end the following new 
subsection: 
‘‘(k) WAGE RATE REQUIREMENTS.—All laborers and mechanics 
employed by contractors and subcontractors in the performance 
Effective date. 
Borrowing 
authority. 
Notification. 
Deadline. 
Expiration date. 
Deadline. 
Reports. 
Determination. 
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123 STAT. 2874 
PUBLIC LAW 111–85—OCT. 28, 2009 
of construction work financed in whole or in part by a loan guaran-
teed under this title shall be paid wages at rates not less than 
those prevailing on projects of a character similar in the locality 
as determined by the Secretary of Labor in accordance with sub-
chapter IV of chapter 31 of title 40, United States Code. With 
respect to the labor standards in this subsection, the Secretary 
of Labor shall have the authority and functions set forth in Reorga-
nization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) 
and section 3145 of title 40, United States Code.’’. 
SEC. 311. None of the funds made available by this Act may 
be used to make a grant allocation, discretionary grant award, 
discretionary contract award, Other Transaction 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 
business days in advance of making such an award or issuing 
such a letter: Provided, That if the Secretary of the Department 
of Energy determines that compliance with this section 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. 312. (a) ULTRA EFFICIENT VEHICLES.—Section 136 of the 
Energy Independence and Security Act of 2007 (42 U.S.C. 17013) 
is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by inserting ‘‘an ultra efficient 
vehicle or’’ after ‘‘means’’; and 
(B) by adding at the end the following new paragraph: 
‘‘(5) ULTRA EFFICIENT VEHICLE.—The term ‘ultra efficient 
vehicle’ means a fully closed compartment vehicle designed 
to carry at least 2 adult passengers that achieves— 
‘‘(A) at least 75 miles per gallon while operating on 
gasoline or diesel fuel; 
‘‘(B) at least 75 miles per gallon equivalent while oper-
ating as a hybrid electric-gasoline or electric-diesel vehicle; 
or 
‘‘(C) at least 75 miles per gallon equivalent while oper-
ating as a fully electric vehicle.’’; 
(2) in subsection (b)— 
(A) by inserting ‘‘, ultra efficient vehicle manufactur-
ers,’’ after ‘‘automobile manufacturers’’; 
(B) in paragraph (1)— 
(i) by striking ‘‘or’’ at the end of subparagraph 
(A); 
(ii) by striking ‘‘and’’ at the end of subparagraph 
(B) and inserting ‘‘or’’; and 
(iii) by adding at the end the following new 
subparagraph: 
‘‘(C) ultra efficient vehicles; and’’; and 
(C) in paragraph (2), by inserting ‘‘, ultra efficient 
vehicles,’’ after ‘‘qualifying vehicles’’; 
Definition. 
Determination. 
Grants. 
Contracts. 
Notifications. 
Deadlines. 
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123 STAT. 2875 
PUBLIC LAW 111–85—OCT. 28, 2009 
(3) in subsection (g), by inserting ‘‘or are utilized primarily 
for the manufacture of ultra efficient vehicles’’ after ‘‘20 years’’; 
and 
(4) in subsection (h)(1)(B), by striking ‘‘automobiles’’ the 
first place it appears and inserting ‘‘ultra efficient vehicles, 
automobiles,’’. 
(b) RECONSIDERATION OF PRIOR APPLICATIONS.—The Secretary 
of Energy shall reconsider applications for assistance under section 
136 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17013) that were— 
(1) timely filed under that section before January 1, 2009; 
(2) rejected on the basis that the vehicles to which the 
proposal related were not advanced technology vehicles; and 
(3) related to ultra efficient vehicles. 
SEC. 313. (a) Except as provided in subsection (b), none of 
the funds appropriated or otherwise made available by this title 
for the Strategic Petroleum Reserve may be made available to 
any person that as of the enactment of this Act— 
(1) is selling refined petroleum products valued at 
$1,000,000 or more to the Islamic Republic of Iran; 
(2) is engaged in an activity valued at $1,000,000 or more 
that could contribute to enhancing the ability of the Islamic 
Republic of Iran to import refined petroleum products, 
including— 
(A) providing ships or shipping services to deliver 
refined petroleum products to the Islamic Republic of Iran; 
(B) underwriting or otherwise providing insurance or 
reinsurance for such an activity; or 
(C) financing or brokering such an activity; or 
(3) is selling, leasing, or otherwise providing to the Islamic 
Republic of Iran any goods, services, or technology valued at 
$1,000,000 or more that could contribute to the maintenance 
or expansion of the capacity of the Islamic Republic of Iran 
to produce refined petroleum products. 
(b) The prohibition on the use of funds under subsection (a) 
shall not apply with respect to any contract entered into by the 
United States Government before the date of the enactment of 
this Act. 
(c) If the Secretary determines a person made ineligible by 
this section has ceased the activities enumerated in (a)(1)–(3), that 
person shall no longer be ineligible under this section. 
SEC. 314. Section 132 of the Energy and Water Development 
Appropriations Act of 2006 (119 Stat 2261) is amended— 
(1) in subsection (a)(3), by striking ‘‘Corps of Engineers’’ 
and inserting ‘‘Southwestern Power Administration’’; 
(2) by adding at the end of subsection (a) the following 
new paragraph: 
‘‘(5) PAYMENT TO NON-FEDERAL LICENSEE.—Southwestern 
Power Administration shall compensate the licensee of Federal 
Energy Regulatory Commission Project No. 2221 pursuant to 
paragraph (3) using receipts collected from the sale of Federal 
power and energy related services. Pursuant to paragraph (6), 
Southwestern Power Administration will begin collecting 
receipts in the Special Receipts and Disbursement account upon 
the date of enactment of this paragraph. Payment to the 
licensee of Federal Energy Regulatory Commission Project No. 
2221 shall be paid as soon as adequate receipts are collected 
Determination. 
Petroleum and 
petroleum 
products. 
Iran. 
42 USC 17013 
note. 
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123 STAT. 2876 
PUBLIC LAW 111–85—OCT. 28, 2009 
in the Special Receipts and Disbursement Account to fully 
compensate the licensee, and in accordance with paragraph 
(2), such payment shall be considered non-reimbursable.’’; 
(3) by adding at the end of subsection (a) the following 
new paragraph: 
‘‘(6) The Southwestern Power Administration shall com-
pensate the licensee of Federal Energy Regulatory Commission 
Project No. 2221 in annual payments of not less than 
$5,000,000, until the licensee of Federal Energy Regulatory 
Commission Project No. 2221 is fully compensated pursuant 
to paragraph (3). At the end of each fiscal year subsequent 
to implementation, any remaining balance to be paid to the 
licensee of Project No. 2221 shall accrue interest at the 30- 
year U.S. Treasury bond rate in effect at the time of 
implementation of the White River Minimum Flows project.’’; 
(4) by adding at the end of subsection (a) the following 
new paragraph: 
‘‘(7) ESTABLISHMENT OF SPECIAL RECEIPT AND DISBURSE-
MENT ACCOUNTS.—There is established in the Treasury of the 
United States a special receipt account and corresponding 
disbursement account to be made available to the Administrator 
of the Southwestern Power Administration to disburse pre- 
collected receipts from the sale of federal power and energy 
and related services. The accounts are authorized for the fol-
lowing uses: 
‘‘(A) Collect and disburse receipts for purchase power 
and wheeling expenses incurred by Southwestern Power 
Administration to purchase replacement power and energy 
as a result of implementation of the White River Minimum 
Flows project. 
‘‘(B) Collect and disburse receipts related to compensa-
tion of the licensee of Federal Energy Regulatory Commis-
sion Project No. 2221. 
‘‘(C) Said special receipt and disbursement account 
shall remain available for not more than 12 months after 
the date of full compensation of the licensee of Federal 
Energy Regulatory Commission Project No. 2221.’’; and 
(5) by adding at the end of subsection (a) the following 
new paragraph: 
‘‘(8) TIME
OF
IMPLEMENTATION.—For purposes of para-
graphs (3) and (4), ‘time of implementation’ shall mean the 
authorization of the special receipt account and corresponding 
disbursement account described in paragraph (7).’’. 
TITLE IV 
INDEPENDENT AGENCIES 
APPALACHIAN REGIONAL COMMISSION 
For expenses necessary to carry out the programs authorized 
by the Appalachian Regional Development Act of 1965, as amended, 
for necessary expenses for the Federal Co-Chairman and the Alter-
nate on the Appalachian Regional Commission, for payment of 
the Federal share of the administrative expenses of the Commission, 
including services as authorized by 5 U.S.C. 3109, and hire of 
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123 STAT. 2877 
PUBLIC LAW 111–85—OCT. 28, 2009 
passenger motor vehicles, $76,000,000, to remain available until 
expended. 
DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy 
Act of 1954, as amended by Public Law 100–456, section 1441, 
$26,086,000, to remain available until expended. 
DELTA REGIONAL AUTHORITY 
SALARIES AND EXPENSES 
For necessary expenses of the Delta Regional Authority and 
to carry out its activities, as authorized by the Delta Regional 
Authority Act of 2000, as amended, notwithstanding sections 
382C(b)(2), 382F(d), 382M, and 382N of said Act, $13,000,000, to 
remain available until expended: Provided, That no funds in this 
Act shall be expended for the relocation of the Delta Regional 
Commission headquarters. 
DENALI COMMISSION 
For expenses of the Denali Commission including the purchase, 
construction, and acquisition of plant and capital equipment as 
necessary and other expenses, $11,965,000, to remain available 
until expended, notwithstanding the limitations contained in section 
306(g) of the Denali Commission Act of 1998. 
NORTHERN BORDER REGIONAL COMMISSION 
For necessary expenses of the Northern Border Regional 
Commission in carrying out activities authorized by subtitle V 
of title 40, United States Code, $1,500,000, to remain available 
until expended. 
SOUTHEAST CRESCENT REGIONAL COMMISSION 
For necessary expenses of the Southeast Crescent Regional 
Commission in carrying out activities authorized by subtitle V 
of title 40, United States Code, $250,000, to remain available until 
expended. 
NUCLEAR REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Commission in carrying out 
the purposes of the Energy Reorganization Act of 1974, as amended, 
and the Atomic Energy Act of 1954, as amended, including official 
representation expenses (not to exceed $25,000), $1,056,000,000, 
to remain available until expended: Provided, That of the amount 
appropriated herein, $29,000,000 shall be derived from the Nuclear 
Waste Fund: Provided further, That revenues from licensing fees, 
inspection services, and other services and collections estimated 
at $902,402,000 in fiscal year 2010 shall be retained and used 
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123 STAT. 2878 
PUBLIC LAW 111–85—OCT. 28, 2009 
for necessary salaries and expenses in this account, notwithstanding 
31 U.S.C. 3302, and shall remain available until expended: Provided 
further, That the sum herein appropriated shall be reduced by 
the amount of revenues received during fiscal year 2010 so as 
to result in a final fiscal year 2010 appropriation estimated at 
not more than $153,598,000: Provided further, That of the amounts 
appropriated, $10,000,000 is provided to support university research 
and development in areas relevant to their respective organization’s 
mission, and $5,000,000 is to support a Nuclear Science and 
Engineering Grant Program that will support multiyear projects 
that do not align with programmatic missions but are critical to 
maintaining the discipline of nuclear science and engineering. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
as amended, $10,860,000, to remain available until expended: Pro-
vided, That revenues from licensing fees, inspection services, and 
other services and collections estimated at $9,774,000 in fiscal 
year 2010 shall be retained and be available until expended, for 
necessary salaries and expenses in this account, notwithstanding 
31 U.S.C. 3302: Provided further, That the sum herein appropriated 
shall be reduced by the amount of revenues received during fiscal 
year 2010 so as to result in a final fiscal year 2010 appropriation 
estimated at not more than $1,086,000. 
NUCLEAR WASTE TECHNICAL REVIEW BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Nuclear Waste Technical Review 
Board, as authorized by Public Law 100–203, section 5051, 
$3,891,000, to be derived from the Nuclear Waste Fund, and to 
remain available until expended. 
OFFICE OF THE FEDERAL COORDINATOR FOR ALASKA NATURAL GAS 
TRANSPORTATION PROJECTS 
For necessary expenses for the Office of the Federal Coordinator 
for Alaska Natural Gas Transportation Projects pursuant to the 
Alaska Natural Gas Pipeline Act of 2004, $4,466,000 until expended: 
Provided, That any fees, charges, or commissions received pursuant 
to section 802 of Public Law 110–140 in fiscal year 2010 in excess 
of $4,683,000 shall not be available for obligation until appropriated 
in a subsequent Act of Congress. 
GENERAL PROVISIONS 
SEC. 401. The Nuclear Regulatory Commission shall, not later 
than 60 days after the date of enactment of this Act, provide 
a report to the Committees on Appropriations of the House of 
Representatives and the Senate identifying barriers to and its rec-
ommendations for streamlining the issuance of a Combined 
Construction and Operating License for qualified new nuclear reac-
tors. 
SEC. 402. Section 382B of the Delta Regional Authority Act 
of 2000 is amended by deleting (c)(1) and inserting in lieu thereof 
7 USC 
2009 aa–1. 
Deadline. 
Reports. 
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123 STAT. 2879 
PUBLIC LAW 111–85—OCT. 28, 2009 
the following: ‘‘ ‘(1) IN
GENERAL—VOTING.—A decision by the 
Authority shall require the affirmative vote of the Federal cochair-
person and a majority of the State members (not including any 
member representing a State that is delinquent under subsection 
(g)(2)(C)) to be effective.’’. 
SEC. 403. The Nuclear Regulatory Commission may use funds 
made available for the necessary expenses of the Nuclear Regulatory 
Commission for the acquisition and lease of additional office space 
provided by the General Services Administration in accordance 
with the fourth and fifth provisos in the matter under the heading 
‘‘Salaries and expenses’’ under the heading ‘‘Nuclear Regulatory 
Commission’’ under the heading ‘‘Independent agencies’’ of title 
IV of division C of the Omnibus Appropriations Act, 2009 (Public 
Law 111–8; 123 Stat. 629). 
TITLE V 
GENERAL PROVISIONS 
SEC. 501. None of the funds appropriated by this Act may 
be used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before 
Congress, other than to communicate to Members of Congress as 
described in 18 U.S.C. 1913. 
SEC. 502. To the extent practicable funds made available in 
this Act should be used to purchase light bulbs that are ‘‘Energy 
Star’’ qualified or have the ‘‘Federal Energy Management Program’’ 
designation. 
SEC. 503. Title IV of division A of the American Recovery 
and Reinvestment Act of 2009 (Public Law 111–5) is amended 
by adding at the end of the title, the following new section 411: 
‘‘SEC. 411. Up to 0.5 percent of each amount appropriated 
to the Department of the Army and the Bureau of Reclamation 
in this title may be used for the expenses of management and 
oversight of the programs, grants, and activities funded by such 
appropriation, and may be transferred by the Head of the Federal 
Agency involved to any other appropriate account within the depart-
ment for that purpose: Provided, That the Secretary will provide 
a report to the Committees on Appropriations of the House of 
Representatives and the Senate 30 days prior to the transfer: Pro-
vided further, That funds set aside under this section shall remain 
available for obligation until September 30, 2012.’’. 
SEC. 504. (a) DEFINITIONS.—In this section: 
(1) ADMINISTRATIVE EXPENSES.—The term ‘‘administrative 
expenses’’ has the meaning as determined by the Director under 
subsection (b)(2). 
(2) AGENCY.—The term ‘‘agency’’— 
(A) means an agency as defined under section 1101 
of title 31, United States Code, that is established in the 
executive branch and receives funding under this Act; and 
(B) shall not include the District of Columbia govern-
ment. 
(3) DIRECTOR.—The term ‘‘Director’’ means the Director 
of the Office of Management and Budget. 
(b) ADMINISTRATIVE EXPENSES.— 
31 USC 1105 
note. 
Reports. 
Deadline. 
Lobbying. 
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123 STAT. 2880 
PUBLIC LAW 111–85—OCT. 28, 2009 
LEGISLATIVE HISTORY—H.R. 3183: 
HOUSE REPORTS: Nos. 111–203 (Comm. on Appropriations) and 111–278
(Comm. of Conference). 
CONGRESSIONAL RECORD, Vol. 155 (2009): 
July 15, 17, considered and passed House. 
July 27–29, considered and passed Senate, amended. 
Oct. 1, House agreed to conference report. 
Oct. 8, 14, 15, Senate considered and agreed to conference report. 
(1) IN GENERAL.—All agencies shall include a separate cat-
egory for administrative expenses when submitting their appro-
priation requests to the Office of Management and Budget 
for fiscal year 2011 and each fiscal year thereafter. 
(2) ADMINISTRATIVE EXPENSES DETERMINED.—In consulta-
tion with the agencies, the Director shall establish and revise 
as necessary a definition of administration expenses for the 
purposes of this section. All questions regarding the definition 
of administrative expenses shall be resolved by the Director. 
(c) BUDGET SUBMISSION.—Each budget of the United States 
Government submitted under section 1105 of title 31, United States 
Code, for fiscal year 2011 and each fiscal year thereafter shall 
include the amount requested for each agency for administrative 
expenses. 
SEC. 505. None of the funds made available in this Act may 
be transferred to any department, agency, or instrumentality of 
the United States Government, except pursuant to a transfer made 
by, or transfer authority provided in this Act or any other appropria-
tion Act. 
SEC. 506. Specific projects contained in the report of the Com-
mittee on Appropriations of the House of Representatives accom-
panying this Act (H. Rept. 111–203) that are considered congres-
sional earmarks for purposes of clause 9 of rule XXI of the Rules 
of the House of Representatives, when intended to be awarded 
to a for-profit entity, shall be awarded under a full and open 
competition. 
SEC. 507. (a) The Continuing Appropriations Resolution, 2010 
is amended— 
(1) in subsections (a) and (b) of section 158, by striking 
‘‘section 158’’ each place it appears and inserting ‘‘section 157’’; 
and 
(2) in section 162, by striking ‘‘sections 158 through 162’’ 
and inserting ‘‘sections 157 through 161’’. 
(b) The amendments made by subsection (a) shall take effect 
as if included in the enactment of the Continuing Appropriations 
Resolution, 2010. 
This Act may be cited as the ‘‘Energy and Water Development 
and Related Agencies Appropriations Act, 2010’’. 
Approved October 28, 2009. 
Effective date. 
Ante, p. 2053. 
Ante, p. 2051. 
Earmarks. 
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