Energy and Water Development funding for FY2009 was included in the Omnibus Appropriations Act, 2009 ( P.L. 111-8 ). Appropriations for these programs in P.L. 111-8 totaled $40.549 billion, including $7.5 billion for Advanced Technical Vehicles Manufacturing Loans in the Department of Energy. In addition, the American Recovery and Reinvestment Act (the "Stimulus" Act, P.L. 111-5 ) included $44.325 billion to fund numerous programs in the Corps of Engineers, the Bureau of Reclamation, and the Department of Energy, to be expended in FY2009 and FY2010. President Obama's proposed FY2010 budget for Energy and Water Development programs was released in May 2009. The House Appropriations subcommittee on energy and water development marked up the FY2010 bill on June 25, 2009, and the full committee voted to report the bill ( H.R. 3183 , H.Rept. 111-203 ) on July 8. The House passed the bill, including several amendments, July 17. The Senate subcommittee marked up its bill July 8, and the full Senate Appropriations Committee reported the bill ( S. 1436 , S.Rept. 111-45 ) on July 9. The Senate passed its version of H.R. 3183 , incorporating the provisions of S. 1436 , with amendments, on July 29. The Conference Committee reported out H.R. 3183 on September 30 ( H.Rept. 111-278 ) and the House passed it October 1 and the Senate October 15. It was signed by the President October 28 ( P.L. 111-85 ). The Energy and Water Development bill includes funding for civil works projects of the U.S. Army Corps of Engineers (Corps), the Department of the Interior's Central Utah Project (CUP) and Bureau of Reclamation, the Department of Energy (DOE), and a number of independent agencies, including the Nuclear Regulatory Commission (NRC) and the Appalachian Regional Commission (ARC). Table 2 includes budget totals for energy and water development appropriations enacted for FY2002 to FY2009. Table 3 lists totals for each of the bill's four titles. It also lists the total of several scorekeeping adjustments. Tables 4 through 1 4 provide budget details for Title I (Corps of Engineers), Title II (Department of the Interior), Title III (Department of Energy), and Title IV (independent agencies) for FY2009-FY2010. Accompanying these tables is a discussion of the key issues involved in the major programs in the four titles. In most years, the budget request for the Army Corps of Engineers is below the agency's final appropriations. The conference report would appropriate $5.445 billion, which is $0.320 billion above the Obama Administration's budget request of $5.125 billion and $0.043 billion above the $5.402 billion appropriated for FY2009. The House bill would have appropriated $5.540 billion; the Senate bill would have appropriated $5.405 billion. Regular annual appropriations for the Corps' civil works activities have been regularly augmented since Hurricane Katrina, through supplemental appropriations and through the American Recovery and Reinvestment Act of 2009. For example, in the Supplemental Appropriations Act of 2008 ( P.L. 110-252 ), the agency received $5.761 billion in FY2009 funds for Louisiana hurricane protection. The American Recovery and Reinvestment Act of 2009 provided an additional $4.6 billion to the agency for FY2009 and FY2010. The Supplemental Appropriations Act of 2009, P.L. 111-32 , provided the Corps $0.797 billion in supplemental FY2009 appropriations. Unlike highways and municipal water infrastructure programs, federal funds for the Corps are not distributed to states or projects based on a formula or delivered via a competitive program. Generally about 85% of the appropriations for the Corps' civil works activities is directed to specific projects. Many of these projects are identified in the budget request, and others are added during congressional deliberations of the agency's appropriations. As a result, the agency's funding is often part of the debate over earmarks. Generally, appropriations are not provided to studies, projects, or activities that have not been previously authorized, typically in a Water Resources Development Act (WRDA). Estimates of the backlog of authorized projects vary from $11 billion to more than $80 billion, depending on which projects are included (e.g., those that meet Administration budget criteria, those that have received funding in recent appropriations, those that have never received appropriations). The backlog raises policy questions, such as whether there is a disconnect between the authorization and appropriations processes, and how to prioritize among authorized activities. The Obama Administration's request for the Corps includes new starts (i.e., activities not previously funded). For example, the request includes five new, but previously authorized, construction projects. This contrasts with the George W. Bush Administration's policy generally opposing new starts in order to focus funds on completing ongoing activities. Congress funded new starts during the G.W. Bush years. The House bill supports the Obama Administration's request on new starts and adds 20 new projects not requested by the Administration. The Senate Appropriations Committee concluded in its report ( S.Rept. 111-45 , p. 15) that new starts in the current budget environment would be imprudent. It is unclear how many new starts are in the H.Rept. 111-278 . The Inland Waterway Trust Fund (IWTF) has a looming deficit; needed funding for eligible ongoing work has exceeded the incoming collections. Collections have been roughly $100 million per year, but the outlays more than $200 million. Current law establishes the expenses associated with construction and major rehabilitation of inland waterways as a federal responsibility (i.e., no local cost-share), with 50% of the federal monies coming from the IWTF and 50% from the federal general revenue fund. The IWTF monies derive from a fuel tax (not indexed for inflation) imposed on vessels engaged in commercial transportation on designated waterways, plus investment interest on the balance. The Obama Administration's budget request included a legislative proposal to authorize a lock usage fee to replace the current fuel tax, which previously had been proposed by the Bush Administration. This proposal is included in neither the House nor the Senate bill. The House identified addressing the insolvency of the IWTF as the most immediate navigation need, but did not include legislative language to address the need. The Senate Committee report discussed alternatives to the Administration's proposal, but it did not propose legislative changes. Instead, S.Rept. 111-45 stated: "A solution to this problem must be developed with the users of the system, the Corps and the appropriate authorizing committees of the Congress." The conference report directed the Administration to report by April 2010 on the status of the fund and to identify a list of priority projects with supporting information. Like the House bill and the Senate bill, the conference bill would prohibit funds in the bill to be used for awarding any new continuing contracts that commit additional IWTF funds until the insolvency issue has been resolved. The Corps plays a significant coordination role in the restoration of the Central and Southern Florida ecosystem. In addition to funding for Corps activities through Energy and Water Development appropriations, federal activities in the Everglades are also funded through Department of the Interior appropriations bills. Concerns regarding the level of appropriations across the federal agencies and the State of Florida and progress in the restoration effort are discussed in CRS Report RS20702, South Florida Ecosystem Restoration and the Comprehensive Everglades Restoration Plan , by [author name scrubbed] and [author name scrubbed]. The FY2010 Obama Administration request for the Corps' south Florida Everglades restoration work totals $214.5 million. The conference bill provides $180 million for Everglades restoration. The House bill would have appropriated $210.2 million for Everglades restoration; the Senate bill would have provided $163.4 million. None of the bills would appropriate funds to the Modified Water Deliveries Project, with the direction for the project to be funded through the Department of Interior. The Corps is responsible for much of the repair and fortification of the hurricane protection system of coastal Louisiana, particularly in the New Orleans area. To date, most of the Corps' work on the region's hurricane protection system has been funded through $15 billion in emergency supplemental appropriations, not through the annual appropriations process. In addition to the post-hurricane emergency repairs, these funds are being used for construction of levees, floodwalls, storm surge barriers, and pump improvements to reduce the hurricane flooding risk to the New Orleans area to a 100-year level of protection (i.e., protection against a storm surge of an intensity that has 1% probability of occurring in a given year) and to restore and complete hurricane protection in surrounding areas to previously authorized levels of protection by 2011. The Supplemental Appropriations Act of 2009, P.L. 111-32 , provided the Corps $0.439 billion in supplemental FY2009 appropriations for barrier island restoration and ecosystem restoration for the Mississippi Gulf Coast. The Obama Administration requested $42.0 million for the Central Utah Project (CUP) Completion Account, the same amount as appropriated for FY2009. The FY2010 request for the Bureau of Reclamation totals $1,020.7 million in gross current budget authority. This amount is $55.1 million less than enacted for FY2009.