[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7324 Reported in House (RH)]






                                                 Union Calendar No. 595
110th CONGRESS
  2d Session
                                H. R. 7324

                          [Report No. 110-921]

  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2009, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 10, 2008

   Mr. Visclosky, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2009, 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, 2009, 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 direction 
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

                    (including rescission of funds)

    For expenses necessary for the collection and study of basic 
information pertaining to river and harbor, flood and storm damage 
reduction, shore protection, aquatic ecosystem 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 construction; for restudy of authorized projects; and 
for miscellaneous investigations and, when authorized by law, surveys 
and detailed studies, and plans and specifications of projects, 
$143,100,000, to remain available until expended: Provided, That of the 
funds provided under this heading of Public Law 110-161, $1,900,000 are 
rescinded: Provided further, That the amounts made available under this 
paragraph shall be expended as authorized in law for the projects 
specified in the table and activities specified in the text that appear 
under the heading ``Investigations'' in the report of the Committee on 
Appropriations of the House of Representatives to accompany this Act.

                              construction

    For expenses necessary for the construction of river and harbor, 
flood and storm damage reduction, shore protection, aquatic ecosystem 
restoration, and related projects; for 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 specifications, shall not constitute a 
commitment of the Government to construction), $2,069,800,000, 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 Disposal Facilities program shall be derived from the 
Harbor Maintenance Trust Fund as authorized by Public Law 104-303; and 
of which such sums as are necessary pursuant to Public Law 99-662 to 
cover one-half of the costs of construction of inland waterways 
projects shall be derived from the Inland Waterways Trust Fund: 
Provided, That the amounts made available under this paragraph shall be 
expended as authorized in law for the projects specified in the tables 
and activities specified in the text that appear under the heading 
``Construction'' of the report of the Committee on Appropriations of 
the House of Representatives to accompany this Act.

                   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, $278,000,000, to remain 
available until expended, of which such sums as are necessary to cover 
the Federal share of eligible operation and maintenance costs for 
inland harbors shall be derived from the Harbor Maintenance Trust Fund: 
Provided, That the amounts made available under this paragraph shall be 
expended as authorized in law for the projects specified in the table 
and the activities specified in the text that appear under the heading 
``Mississippi River and Tributaries'' in the report of the Committee on 
Appropriations of the House of Representatives to accompany this Act.

                       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 navigation, $2,300,000,000, 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 
Maintenance 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, as amended (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 facilities for which such fees have 
been collected: Provided, That the amounts made available under this 
paragraph shall be expended as authorized in law for the projects 
specified in the table and activities specified in the text that appear 
under the heading ``Operation and Maintenance'' in the report of the 
Committee on Appropriations of the House of Representatives to 
accompany this Act.

                           regulatory program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $180,000,000, 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, $140,000,000, to remain available until 
expended.

                 flood control and coastal emergencies

    For expenses necessary to prepare for flood, hurricane, and other 
natural disasters and support emergency operations, repairs, and other 
activities in response to such disasters as authorized by law, 
$40,000,000, 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 Engineer Research and Development Center, and the Finance Center, 
$177,000,000, to remain available until expended: Provided, That no 
part of any other appropriation provided in this title shall be 
available to fund the above activities.

        office of assistant secretary of the army (civil works)

    For the Office of the Assistant Secretary of the Army (Civil Works) 
as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain available 
until expended.

                        administrative provision

     Appropriations in this title shall be available for official 
reception and representation expenses (not to exceed $5,000); and 
during the current fiscal year the Revolving Fund, Corps of Engineers, 
shall be available 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.  None of the funds made available in this title may be 
used to award or modify any contract that commits an amount for a 
project in excess of the amounts appropriated for that project that 
remain unobligated.
    Sec. 102.  None of the funds made available in this title shall be 
used to award a continuing contract for any project for which funds are 
derived from the Inland Waterways Trust Fund.
    Sec. 103.  None of the funds in this Act shall be used to implement 
any pending or future competitive sourcing actions under OMB Circular 
A-76 or High Performing Organizations for the U.S. Army Corps of 
Engineers.

                  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, $40,360,000, to remain available until expended, of 
which $987,000 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, $1,640,000, 
to remain available until expended.
    For fiscal year 2009, the Commission 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 rescission and 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 recognized Indian tribes, 
and others, $888,000,000, to remain available until expended, of which 
$46,655,000 shall be available for transfer to the Upper Colorado River 
Basin Fund and $26,451,000 shall be available for transfer to the Lower 
Colorado River Basin Development 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 section 106 of 
Public Law 91-378 (16 U.S.C. 1706): Provided, That of the total 
appropriated, the amount for program activities that can be financed by 
the Reclamation Fund or the Bureau of Reclamation special fee account 
established by 16 U.S.C. 4601-6a(i) shall be derived from that Fund or 
account: Provided further, That funds contributed under section 1 of 
the Act of March 4, 1921 (43 U.S.C. 395) are available until expended 
for the purposes for which contributed: Provided further, That funds 
advanced under the Act of January 12, 1927 (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 $4,000,000 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 $120,000,000 of the unobligated balances made available 
under section 2507 of the Farm Security and Rural Investment Act of 
2002 (43 U.S.C. 2211 note), as amended by section 2807 of the Food, 
Conservation, and Energy Act of 2008 (Public Law 110-234), for Desert 
Terminal Lakes, is rescinded: Provided further, That the amounts made 
available under this paragraph shall be expended as authorized in law 
for the projects specified in the tables and activities specified in 
the text that appear under the heading ``Water and Related Resources'' 
of the report of the Committee on Appropriations of the House of 
Representatives to accompany this Act.

                central valley project restoration fund

    For carrying out the programs, projects, plans, and habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, $56,079,000, 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: 
Provided further, That the amounts made available under this paragraph 
shall be expended as authorized in law for the projects specified in 
the tables and activities specified in the text that appear under the 
heading ``Central Valley Project Restoration Fund'' of the report of 
the Committee on Appropriations of the House of Representatives to 
accompany this Act.

                    california bay-delta restoration

                     (including transfer 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, $37,000,000, 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 
clear performance measures demonstrating concurrent progress in 
achieving the goals and objectives of the Program: Provided further, 
That the amounts made available under this paragraph shall be expended 
as authorized in law for the projects specified in the tables and 
activities specified in the text that appear under the heading 
``California Bay-Delta Restoration'' of the report of the Committee on 
Appropriations of the House of Representatives to accompany this Act.

                       policy and administration

                     (including transfer of funds)

    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, $54,400,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in section 4 of the 
Act of December 5, 1924 (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: Provided 
further, That, of the funds provided under this heading, $10,000,000 
shall be transferred to ``Water and Related Resources'' upon the 
expiration of the 90-day period following the date of enactment of this 
Act if during such period, the Secretary of the Interior has not 
submitted to the Committees on Appropriations of the House of 
Representatives and the Senate the Bureau of Reclamation's five-year 
budget plan.

                        administrative provision

    Appropriations for the Bureau of Reclamation shall be available for 
purchase of not to exceed 7 passenger motor vehicles, which are for 
replacement only.

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

    Sec. 201. (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 Administrator 
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.

                    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, and the purchase of 
not to exceed two passenger vehicles for replacement, $2,519,152,000, 
to remain available until expended, of which $150,000,000 is for the 
cost of direct loans, as authorized by subsection (d) of section 136 of 
the Energy Independence and Security Act of 2007 (42 U.S.C. 17013): 
Provided, That commitments for direct loans shall not exceed 
$1,000,000,000 in total loan principal: Provided further, That of the 
amount appropriated in this paragraph, $135,270,000, 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 report of the Committee on Appropriations of the 
House of Representatives to accompany 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 reliability 
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, $149,250,000, to 
remain available until expended: Provided, That of the amount 
appropriated in this paragraph, $5,250,000 shall be used for the 
projects specified in the table that appears under the heading 
``Congressionally Directed Electricity Delivery and Energy Reliability 
Projects'' in the report of the Committee on Appropriations of the 
House of Representatives to accompany this Act.

                             Nuclear Energy

    For Department of Energy expenses for nuclear energy activities 
managed and executed by the Office of Nuclear Energy, 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 to exceed 29 
passenger motor vehicles, including three new buses and 26 replacement 
vehicles, including one ambulance, $1,238,852,000, to remain available 
until expended: Provided, That $487,008,000 is authorized to be 
appropriated for Project 99-D-143 Mixed Oxide (MOX) Fuel Fabrication 
Facility, Savannah River Site, South Carolina: Provided further, That 
the Department of Energy adhere strictly to Department of Energy Order 
413.3A for Project 99-D-143: Provided further, That the management and 
execution of Project 99-D-143 Mixed Oxide (MOX) Fuel Fabrication 
Facility, Savannah River Site, South Carolina, with amounts made 
available under this heading shall be carried out by the Office of 
Nuclear Energy, and not by the National Nuclear Security 
Administration.

                 Fossil Energy Research and Development

                     (including transfer of funds)

    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 investigations, 
and research concerning the extraction, processing, use, and disposal 
of mineral substances without objectionable social and environmental 
costs in accordance with the principles set forth in section 2 of the 
Act of May 16, 1910 (30 U.S.C. 3), $853,978,000, to remain available 
until expended, of which $149,000,000 shall be derived by transfer from 
``Clean Coal Technology'': Provided, That of the amounts provided, 
$241,000,000 is available for the carbon capture demonstration 
solicitation, pursuant to title VII of the Energy Independence and 
Security Act of 2007: Provided further, That funds appropriated for 
prior solicitations under the Clean Coal Technology Program, the Power 
Plant Improvement Initiative, the Clean Coal Power Initiative, and 
FutureGen, but not required by the Department to meet its obligations 
on projects selected under such solicitations, may be utilized for the 
carbon capture demonstration solicitation under this Act in accordance 
with the requirements of this Act rather than the Acts under which the 
funds were appropriated: Provided further, That no carbon capture 
demonstration project may be selected for which full funding is not 
available to provide for the total project: Provided further, That if a 
carbon capture demonstration application, selected after the date of 
enactment of this Act for negotiation under this or any other Act in 
any fiscal year, is not awarded within two years from the date the 
application was selected, negotiations shall cease and the Federal 
funds committed to the application shall be retained by the Department 
for future coal related research, development, and demonstration 
projects, except that the time limit may be extended at the Secretary's 
discretion for matters outside the control of the applicant, or if the 
Secretary determines that extension of the time limit is in the public 
interest: Provided further, That the Secretary may not delegate this 
responsibility for carbon capture demonstration applications greater 
than $10,000,000: Provided further, That financial assistance for costs 
in excess of those estimated as of the date of award of original carbon 
capture demonstration financial assistance may not be provided in 
excess of the proportion of costs borne by the Government in the 
original agreement and shall be limited to 25 percent of the original 
financial assistance: Provided further, That funds shall be expended in 
accordance with the provisions governing the use of funds contained 
under the heading ``Clean Coal Technology'' in section 5903d of title 
42, United States Code, as well as those contained under the heading 
``Clean Coal Technology'' in prior appropriations Acts: Provided 
further, That any technology selected under the carbon capture 
demonstration solicitation shall be considered a Clean Coal Technology, 
and any carbon capture demonstration project selected under this 
program shall be considered a Clean Coal Technology Project, for the 
purposes of section 7651n of title 42, United States Code, and chapters 
51, 52, and 60 of title 40 of the Code of Federal Regulations: Provided 
further, That, notwithstanding any other provision of law, at least 50 
percent non-Federal cost-sharing shall be required in each budget 
period of a carbon capture demonstration project: Provided further, 
That no part of the sum herein made available shall be used for the 
field testing of nuclear explosives in the recovery of oil and gas: 
Provided further, That in this Act and future Acts, program direction 
funds available to the National Energy Technology Laboratory shall only 
be used to support Department of Energy activities included in this 
Fossil Energy account: Provided further, That of the amount 
appropriated in this paragraph $14,080,000 shall be used for the 
projects specified in the table that appears under the heading 
``Congressionally Directed Fossil Energy Research and Development 
Projects'' in the report of the Committee on Appropriations of the 
House of Representatives to accompany 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, 
$19,099,000, to remain available until expended: Provided, That, 
notwithstanding any other provisions 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 pursuant 
to the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.), 
$172,600,000, 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, $9,800,000, to remain available until 
expended.

                   Energy Information Administration

    For necessary expenses in carrying out the activities of the Energy 
Information Administration, $120,595,000, to remain available 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, $257,019,000, to remain available until 
expended: Provided, That of the amounts provided, $5,000,000 is 
available for necessary expenses for the purpose of carrying out 
remedial actions under this title at real property in the vicinity of 
the Tuba City processing site designated in section 102(a)(1), of the 
Uranium Mill Tailings Radiation Control Act of 1978 (Public Law 95-604; 
42 U.S.C. 7901 et seq.), notwithstanding section 112 of that Act, at a 
dump site immediately adjacent to the north-northwest section of the 
Tuba City processing site, and on the north side of Highway 160: 
Provided further, That of the amount appropriated in this paragraph, 
$2,000,000 shall be used for the projects specified in the table that 
appears under the heading ``Congressionally Directed Non-Defense 
Environmental Cleanup Projects'' in the report of the Committee on 
Appropriations of the House of Representatives to accompany this Act.

      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, $529,273,000, to be 
derived from the Uranium Enrichment Decontamination and Decommissioning 
Fund, to remain available until expended, of which $15,000,000 shall be 
available in accordance with title X, subtitle A, of the Energy Policy 
Act of 1992.

                                Science

    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, construction, or 
expansion, and purchase of not to exceed 49 passenger motor vehicles 
for replacement only, including one law enforcement vehicle, one 
ambulance, and three buses, $4,861,669,000, to remain available until 
expended: Provided, That notwithstanding the provisions of section 3220 
of the NNSA Act (Public Law 106-65), as amended, the employees and 
contractors working on the Los Alamos Neutron Science Center (LANSCE) 
shall be subject to the authority, direction, and control of the 
Director of the Office of Science and his designees with respect to 
research and operations involving isotope production for Office of 
Science applications and customers: Provided further, That of the 
amount appropriated in this paragraph, $39,700,000 shall be used for 
the projects specified in the table that appears under the heading 
``Congressionally Directed Science Projects'' in the report of the 
Committee on Appropriations of the House of Representatives to 
accompany 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 (the ``NWPA''), 
including the acquisition of real property or facility construction or 
expansion, $247,371,000, to remain available until expended, and to be 
derived from the Nuclear Waste Fund: Provided, That of the funds made 
available in this Act for Nuclear Waste Disposal, 2.02 percent, but not 
to exceed $5,000,000, shall be provided to 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, 0.4 percent, but not to exceed 
$1,000,000, of the amounts provided shall be provided to Nye County, 
Nevada, for on-site oversight activities under section 117(d) of that 
Act: Provided further, That 3.64 percent, but not to exceed $9,000,000, 
shall be provided for affected units of local government, as defined in 
the NWPA, to conduct appropriate activities and participate in 
licensing activities: Provided further, That of the amounts provided 
for affected units of local government, 7.5 percent 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 units of local government: 
Provided further, That 0.2 percent, but not to exceed $500,000, shall 
be provided to the Timbisha-Shoshone Tribe 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 
section 116(c)(3) of the NWPA, 4.6 percent, but not to exceed 
$11,500,000, shall be provided to Nye County, Nevada, as payment equal 
to taxes under section 116(c)(3) of that Act: Provided further, That 
the funds for the State of Nevada shall be made available solely to the 
Nevada Division of Emergency Management by direct payment and to units 
of local government by direct payment: Provided further, That within 90 
days of the completion of each Federal fiscal year, the Nevada Division 
of Emergency Management and the Governor of the State of Nevada 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 
certification shall cause such entity to be prohibited from any further 
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.

       Title 17 Innovative Technology Loan Guarantee Loan Program

     Subject to section 502 of the Congressional Budget Act of 1974, 
during fiscal years 2008 through 2011 commitments to guarantee loans 
under title XVII of the Energy Policy Act of 2005 shall not exceed a 
total principal amount, any part of which is to be guaranteed, of 
$28,500,000,000 for eligible projects (other than nuclear power 
facilities) and $18,500,000,000 for eligible nuclear power facilities: 
Provided, That these amounts are in addition to the authority provided 
under section 20320 of division B of Public Law 109-289, as amended by 
Public Law 110-5: Provided further, That such sums as are derived from 
amounts received from borrowers pursuant to section 1702(b)(2) of the 
Energy Policy Act of 2005 under this heading in this Act, shall be 
collected in accordance with section 502(7) of the Congressional Budget 
Act of 1974: Provided further, That the source of such payment received 
from borrowers is not a loan or other debt obligation that is 
guaranteed by the Federal Government: Provided further, That none of 
the funds made available in this Act shall be available for the 
execution of a new solicitation with respect to such guaranteed loans 
until 45 days after the Department of Energy has submitted to the 
Committees on Appropriations of the House of Representatives and the 
Senate a loan guarantee implementation plan that defines the proposed 
award levels and eligible technologies: Provided further, That the 
Department shall not deviate from such plan without 45 days prior 
notice to the Committees: Provided further, That pursuant to section 
1702(b)(2) of the Energy Policy Act of 2005, no appropriations are 
available to pay the subsidy cost of such guarantees: Provided further, 
That for necessary administrative expenses to carry out this Loan 
Guarantee program, $19,880,000 is appropriated, to remain available 
until expended: Provided further, That $19,880,000 of the fees 
collected pursuant to section 1702(h) of the Energy Policy Act of 2005 
shall be credited as offsetting collections to this account to cover 
administrative expenses and shall remain available until expended, so 
as to result in a final fiscal year 2009 appropriation 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.

                      Departmental Administration

                     (including transfer of funds)

    For salaries and expenses of the Department of Energy necessary 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, $272,144,000, to 
remain available until expended: Provided, That moneys received by the 
Department for miscellaneous revenues estimated to total $117,317,000 
in fiscal year 2009 may be retained and used for operating expenses 
within this account, and may remain available until expended, as 
authorized 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 revenues 
received during 2009, and any related appropriated receipt account 
balances remaining from prior years' miscellaneous revenues, so as to 
result in a final fiscal year 2009 appropriation from the general fund 
estimated at not more than $154,827,000.

                    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, 
$51,927,000, to remain available until expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           Weapons Activities

                    (including rescission of funds)

    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 two passenger motor vehicles, and one ambulance, 
$6,201,860,000 to remain available until expended: Provided, That of 
the funds appropriated in prior years for Weapons Activities, 
$165,300,000 are rescinded: Provided further, That of the amount 
appropriated in this paragraph, $20,500,000 shall be used for the 
projects specified under the heading ``Congressionally Directed Weapons 
Activities Projects'' in the report of the Committee on Appropriations 
of the House of Representatives to accompany this Act.

                    Defense Nuclear Nonproliferation

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for defense nuclear nonproliferation 
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 one passenger motor vehicle for replacement only, 
$1,530,048,000 to remain available until expended: Provided, That of 
the amount appropriated in this paragraph, $1,000,000 shall be used for 
projects specified under the heading ``Congressionally Directed Defense 
Nuclear Nonproliferation Projects'' in the report of the Committee on 
Appropriations of the House of Representatives to accompany this Act.

                             Naval Reactors

    For Department of Energy expenses necessary for naval reactors 
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, $828,054,000, to 
remain available until expended.

                      Office of the Administrator

    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, $428,581,000, to 
remain available until expended: Provided, That of the amount 
appropriated in this paragraph, $24,500,000 shall be used for the 
projects specified in the table that appears under the heading ``Office 
of the Administrator'' in the report of the Committee on Appropriations 
of the House of Representatives to accompany 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, $5,425,202,000, to remain available until expended, 
of which $463,000,000 shall be transferred to the ``Uranium Enrichment 
Decontamination and Decommissioning Fund'': Provided, That of the 
amount appropriated in this paragraph, $7,700,000 shall be used for the 
projects specified in the table that appears under the heading 
``Congressionally Directed Defense Environmental Cleanup Projects'' in 
the report of the Committee on Appropriations of the House of 
Representatives to accompany 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, construction, or 
expansion, and the purchase of not to exceed ten passenger motor 
vehicles for replacement only, $826,453,000, to remain available until 
expended.

                     Defense Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
the Nuclear Waste Policy Act of 1982, as amended, including the 
acquisition of real property or facility construction or expansion, 
$247,371,000, to remain available until expended.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to section 11 of the Federal Columbia River 
Transmission System Act (Public Law 93-445; 16 U.S.C. 838i), are 
approved for official reception and representation expenses in an 
amount not to exceed $1,500. During fiscal year 2009, 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, $7,420,000, to remain available until 
expended: Provided, That, notwithstanding 31 U.S.C. 3302, up to 
$49,520,000 collected by the Southeastern 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 available until expended for the sole purpose of making 
purchase power and wheeling expenditures.

      Operation and Maintenance, Southwestern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, for 
construction and acquisition of transmission lines, substations and 
appurtenant facilities, and for administrative expenses, including 
official 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, $28,414,000, to remain available until expended: 
Provided, That, notwithstanding 31 U.S.C. 3302, up to $35,000,000 
collected by the Southwestern Power Administration pursuant to the 
Flood Control Act of 1944 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose of making 
purchase power and wheeling expenditures.

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

    For carrying out the functions authorized by section 302(a)(1)(E) 
of title III 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, $193,346,000, to remain 
available until expended, of which $183,642,000 shall be derived from 
the Department of the Interior Reclamation Fund: Provided, That of the 
amount herein appropriated, $7,342,000 is for deposit into the Utah 
Reclamation Mitigation and Conservation Account pursuant to title IV of 
the Reclamation Projects Authorization and Adjustment Act of 1992: 
Provided further, That notwithstanding 31 U.S.C. 3302, up to 
$328,118,000 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.

           Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $2,959,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 423 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 2651 note).

                  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, 
$273,400,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, not to exceed $273,400,000 
of revenues from fees and annual charges, and other services and 
collections in fiscal year 2009 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 2009 so as to result in a final fiscal year 2009 appropriation 
from the general fund estimated at not more than $0.

                GENERAL PROVISIONS, DEPARTMENT OF ENERGY

    Sec. 301. Contract Competition.--(a) None of the funds in this or 
any other appropriations Act for fiscal year 2009 or any previous 
fiscal year may be used to make payments for a noncompetitive 
management and operating contract, or a contract for environmental 
remediation or waste management in excess of $100,000,000 in annual 
funding at a current or former management and operating contract site 
or facility, or to award a significant extension or expansion to an 
existing management and operating contract, or other contract covered 
by this section, unless such contract is awarded using competitive 
procedures or the Secretary of Energy grants, on a case-by-case basis, 
a waiver to allow for such a deviation. The Secretary may not delegate 
the authority to grant such a waiver.
    (b) Within 30 days of formally notifying an incumbent contractor 
that the Secretary intends to grant such a waiver, the Secretary shall 
submit to the Subcommittees on Energy and Water Development of the 
Committees on Appropriations of the House of Representatives and the 
Senate a report notifying the Subcommittees of the waiver and setting 
forth, in specificity, the substantive reasons why the Secretary 
believes the requirement for competition should be waived for this 
particular award.
    (c) In this section the term ``competitive procedures'' has the 
meaning provided in section 4 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403) and includes procedures described in section 
303 of the Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 253) other than a procedure that solicits a proposal from only 
one source.
    Sec. 302. Unfunded Requests for Proposals.--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. 303. Department of Energy Defense Nuclear Facilities Workforce 
Restructuring.--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
            (2) to provide enhanced severance payments or other 
        benefits for employees of the Department of Energy under such 
        section.
    Sec. 304. Unexpended Balances.--The unexpended balances of prior 
appropriations provided for activities for which amounts are 
appropriated in this title 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. 305. Bonneville Power Authority Service Territory.--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. 306. User Facilities.--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 Technology Deployment Center/User Facility; and (3) any other 
Departmental facility designated by the Department as a user facility.
    Sec. 307. Intelligence Activities.--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 2009.
    Sec. 308. Laboratory Directed Research and Development.--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 4 percent of 
such funds, to be used by such laboratories for laboratory-directed 
research and development: Provided, That the Secretary may also 
authorize a specific amount, not to exceed 2 percent of such funds, to 
be used by the plant manager of a nuclear weapons production plant or 
the manager of the Nevada Site Office, for plant or site-directed 
research and development.
    Sec. 309. Reimbursable Work.--All obligations and payments for 
reimbursable work shall be accounted for in the account that owns the 
assets being used for the reimbursable work.
    Sec. 310. Reliable Replacement Warhead.--None of the funds provided 
in this Act shall be available for the Reliable Replacement Warhead 
(RRW).
    Sec. 311. Global Nuclear Energy Partnership.--None of the funds 
provided in this Act shall be available for the Global Nuclear Energy 
Partnership (GNEP).
    Sec. 312. General Plant Projects.--Plant or construction projects 
for which amounts are made available under this and subsequent 
appropriation Acts with a current estimated cost of less than 
$10,000,000 are considered for purposes of section 4703 of Public Law 
107-314 as a plant project for which the approved total estimated cost 
does not exceed the minor construction threshold and for purposes of 
section 4704 of Public Law 107-314 as a construction project with a 
current estimated cost of less than a minor construction threshold.
    Sec. 313. Energy Production.--The Secretary of Energy shall provide 
funding to the National Academy of Sciences to conduct an inventory of 
the energy development potential on all lands currently managed by the 
Department of Energy together with a report, to be submitted not later 
than July 1, 2009, which includes (1) a detailed analysis of all such 
resources including oil, gas, coal, solar, wind, geothermal, and other 
renewable resources on such lands, (2) a delineation of the resources 
presently available for development as well as those potentially 
available in the future, and (3) an analysis of the environmental 
impacts associated with any future development including actions 
necessary to mitigate negative impacts.

                     TITLE IV--INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized by the 
Appalachian Regional Development Act of 1965, notwithstanding 40 U.S.C. 
14704, and, for necessary expenses for the Federal Co-Chairman and the 
Alternate 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 
passenger motor vehicles, $65,000,000, to remain available until 
expended: Provided, That any congressionally directed spending shall be 
taken from within that State's allocation in the fiscal year in which 
it is provided.

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

    For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by chapter 21 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2286 et seq.), $25,499,000, 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, notwithstanding sections 382C(b)(2), 382F(d), 382M, and 382N 
of said Act, $6,000,000, to remain available until expended.

                           Denali Commission

    For expenses of the Denali Commission including the purchase, 
construction, and acquisition of plant and capital equipment as 
necessary and other expenses, $1,800,000, to remain available until 
expended, notwithstanding the limitations contained in section 306(g) 
of the Denali Commission Act of 1998.

                     Nuclear Regulatory Commission

                         salaries and expenses

    For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy 
Act of 1954, including official representation expenses (not to exceed 
$25,000), $1,058,956,000, to remain available until expended: Provided, 
That of the amount appropriated herein, $73,300,000 shall be derived 
from the Nuclear Waste Fund: Provided further, That revenues from 
licensing fees, inspection services, and other services and collections 
estimated at $860,857,000 in fiscal year 2009 shall be retained and 
used 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 2009 so 
as to result in a final fiscal year 2009 appropriation estimated at not 
more than $198,099,000.

                      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, 
$10,860,000, to remain available until expended: Provided, That 
revenues from licensing fees, inspection services, and other services 
and collections estimated at $9,774,000 in fiscal year 2009 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 2009 so as to result in 
a final fiscal year 2009 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, $3,817,000, 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, $4,400,000: Provided, That any fees, 
charges, or commissions received pursuant to section 802 of Public Law 
110-140 in fiscal year 2009 in excess of $4,660,000 shall not be 
available for obligation until appropriated in a subsequent Act of 
Congress.

                      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.  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 appropriation Act.
     This Act may be cited as the ``Energy and Water Development and 
Related Agencies Appropriations Act, 2009''.
                                                 Union Calendar No. 595

110th CONGRESS

  2d Session

                               H. R. 7324

                          [Report No. 110-921]

_______________________________________________________________________

                                 A BILL

  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2009, and for other 
                               purposes.

_______________________________________________________________________

                           December 10, 2008

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed