[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3258 Placed on Calendar Senate (PCS)]
Calendar No. 876
110th CONGRESS
2d Session
S. 3258
[Report No. 110-416]
Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2009, and for other
purposes.
Rule___________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 14, 2008
Mr. Dorgan, from the Committee on Appropriations, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
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 the fiscal year ending
September 30, 2009, for energy and water development 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 purposes.
general investigations
For expenses necessary where authorized by law 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 owned or operated by the Corps; and for
miscellaneous investigations and, when authorized by law, surveys and
detailed studies, and plans and specifications of projects prior to
construction, $166,000,000, to remain available until expended:
Provided, That notwithstanding the provisions of section 101 of this
Act, the amounts made available under this paragraph shall be expended
as authorized in law for the projects and activities specified in the
report and direction specified in the text accompanying this Act.
construction, general
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law, including a
portion of the expenses for the modifications authorized by section 104
of the Everglades National Park Protection and Expansion Act of 1989;
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); $2,004,500,000, 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 shall be derived from the
Inland Waterways Trust Fund, 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; Marmet Lock and Dam, West
Virginia; McAlpine Lock and Dam, Kentucky and Indiana; Olmsted Lock and
Dam, Illinois and Kentucky; Gray's Landing Lock and Dam, Pennsylvania;
R.C. Byrd Lock and Dam, Ohio and West Virginia; and Point Marion Lock
and Dam, Pennsylvania) shall be derived from the Inland Waterways Trust
Fund; and of which $8,000,000 shall be exclusively for projects and
activities authorized under section 107 of the River and Harbor Act of
1960; and of which $10,000,000 shall be exclusively for projects and
activities authorized under section 111 of the River and Harbor Act of
1968; and of which $7,500,000 shall be exclusively for projects and
activities authorized under section 103 of the River and Harbor Act of
1962; and of which $43,123,000 shall be exclusively for projects and
activities authorized under section 205 of the Flood Control Act of
1948; and of which $10,000,000 shall be exclusively for projects and
activities authorized under section 14 of the Flood Control Act of
1946; and of which $500,000 shall be exclusively for projects and
activities authorized under section 208 of the Flood Control Act of
1954; and of which $25,000,000 shall be exclusively for projects and
activities authorized under section 1135 of the Water Resources
Development Act of 1986; and of which $25,000,000 shall be exclusively
for projects and activities authorized under section 206 of the Water
Resources Development Act of 1996; and of which $7,187,000 shall be
exclusively for projects and activities authorized under sections 204
and 207 of the Water Resources Development Act of 1992 and section 933
of the Water Resources Development Act of 1986: Provided, That the
Chief of Engineers is directed to use $13,000,000 of the funds
appropriated herein for the Dallas Floodway Extension, Texas, project,
including the Cadillac Heights feature, generally in accordance with
the Chief of Engineers report dated December 7, 1999: Provided further,
That the Chief of Engineers is directed to use $8,000,000 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 Engineers
is directed to use $8,500,000 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 Chief of
Engineers is directed to use $17,048,000 of the funds provided herein
for planning and design and construction of a rural health care
facility on the Fort Berthold Reservation of the Three Affiliated
Tribes, North Dakota: Provided further, That notwithstanding the
provisions of section 101 of this Act, the amounts made available under
this paragraph shall be expended as authorized in law for the projects
and activities specified in the report and direction specified in the
text accompanying 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, $365,000,000, 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 Chief of Engineers is directed to use $5,000,000 of
the funds provided herein for design and real estate activities and
pump supply elements for the Yazoo Basin, Yazoo Backwater Pumping
Plant, Mississippi: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers is directed to use $9,000,000
appropriated herein for construction of water withdrawal features of
the Grand Prairie, Arkansas, project: Provided further, That, except as
provided in section 101 of this Act exclusively for Mississippi River
and Tributaries operation and maintenance, the amounts made available
under this paragraph shall be expended as authorized in law for the
projects and activities specified in the report and direction specified
in the text accompanying 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, or on
behalf of, the United States Army Corps of Engineers (the ``Corps''),
including administrative buildings and facilities, and laboratories,
and the Washington Aqueduct; for the maintenance of; 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, $2,220,000,000, to remain available until
expended, of which such sums as are necessary to cover the Federal
share of operation and maintenance costs for coastal harbors and
channels, and for inland harbors shall be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662 may be derived
from that 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,
except as provided in section 101 of this Act, the amounts made
available under this paragraph shall be expended as authorized in law
for the projects and activities specified in the report accompanying
this Act: Provided further, That of the amounts provided herein, not to
exceed $500,000 is provided to the Secretary of the Army to reimburse
travel expenses as provided for in section 9003(f) of the Water
Resources Development Act of 2007, Public Law 110-114 (121 Stat. 1289-
1290).
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $183,000,000, to remain
available until expended: Provided, That the Secretary of the Army,
acting through the Chief of Engineers, may use up to $3,200,000 of the
funds appropriated herein to reimburse the Port of Arlington, Gillam
County, Oregon, for those direct construction costs determined by the
Secretary to have been incurred by the Port as a result of and
following issuance of the Department of the Army Regulatory Program
permit for the construction of a commercial dock and offload facility
at the Port in February 2007, including the removal of the commercial
dock and offload facility.
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.
general 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, $177,000,000,
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 provided 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.
office of assistant secretary of the army (civil works)
For the Office of the Assistant Secretary of the Army (Civil
Works), $4,500,000, to remain available 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. 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 2009, 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;
(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 program,
project, or activity by either the House or the Senate
Committees on Appropriations 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 8, unless prior approval is received from the House and
Senate Committees on Appropriations;
(6) Operation and maintenance.--For a base level of
$1,000,000, reprogramming of 15 percent of the base amount up
to a limit of $5,000,000 per project or activity is allowed:
Provided, That for a base level less than $1,000,000, the
reprogramming limit is $150,000: Provided further, That
$150,000 may be reprogrammed into any ongoing work on a project
that did not receive an appropriation: Provided further, That
unlimited reprogramming authority is granted to respond to a
flood, hurricane, or other natural disaster or to address any
imminent risk to the public health and safety from a civil
works project owned or operated by the Corps;
(7) Mississippi river and tributaries.--The same
reprogramming guidelines as listed above apply to the Operation
and Maintenance portion of the Mississippi River and
Tributaries Account; and
(8) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.
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 Organizations for the U.S. Army Corps
of Engineers.
Sec. 103. None of the funds appropriated in this or any other Act
shall be used to demonstrate or implement any plans divesting or
transferring any Civil Works missions, functions, or responsibilities
of the United States Army Corps of Engineers to other government
agencies without specific direction in a subsequent Act of Congress.
Sec. 104. 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.
Sec. 105. Water Reallocation, Lake Cumberland, Kentucky. (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. 106. Section 121 of the Energy and Water Development
Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2256) is
amended by striking subsection (a) and inserting the following:
``(a) Hereafter, the Secretary of the Army may carry out and fund
planning studies, watershed surveys and assessments, or technical
studies at 100 percent Federal expense to accomplish the purposes of
the 2003 Biological Opinion described in section 205(b) of the Energy
and Water Development Appropriations Act, 2005 (Public Law 108-447; 118
Stat. 2949) as amended by subsection (b) or any related subsequent
biological opinion, and the collaborative program long-term plan. In
carrying out a study, survey, or assessment under this subsection, the
Secretary of the Army shall consult with Federal, State, tribal and
local governmental entities, as well as entities participating in the
Middle Rio Grande Endangered Species Collaborative Program referred to
in section 205 of this Act: Provided, That the Secretary of the Army
may also provide planning and administrative assistance to the Middle
Rio Grande Endangered Species Collaborative Program, which shall not be
subject to cost sharing requirements with non-Federal interests.''.
Sec. 107. All budget documents and justification materials for the
Corps of Engineers annual budget submission to Congress shall be
assembled and presented based on the most recent annual appropriations
Act: Provided, That new budget proposals for fiscal year 2009 and
thereafter, shall not be integrated into the budget justifications
submitted to Congress but shall be submitted separately from the budget
justifications documents.
Sec. 108. The Secretary is authorized to conduct a study of the
Missouri River Projects located within the Missouri River basin at a
total cost of $25,000,000 with the express purpose to review the
original project purposes based on the Flood Control Act of 1944, as
amended, and other subsequent relevant legislation and judicial rulings
to determine if changes to the authorized project purposes and existing
Federal water resource infrastructure may be warranted: Provided, That
this study shall be undertaken at full Federal expense.
Sec. 109. There is authorized to be appropriated an additional
$5,000,000 for the construction of the permanent bridge authorized in
section 128(a) of Public Law 108-137.
Sec. 110. Section 101(a)(5) of the Water Resources Development Act
of 1996 (110 Stat. 3663) is amended--
(1) by inserting ``(A) In general.--'' before ``The''; and
(2) by adding at the end the following:
``(B) Credit toward non-federal share.--The
Secretary shall credit toward the non-Federal share of
the project the costs expended by non-Federal interests
for the replacement and reconstruction of the Soquel
Avenue Bridge, if the Secretary determines that the
work is integral to the project.
``(C) Maximum amount of credit.--The credit under
paragraph (B) may not exceed $2,000,000.
``(D) Limitation of total project cost.--The
Secretary shall not include the costs to be credited
under paragraphs (B) and (C) in total project costs in
determining the amounts of the Federal and non-Federal
contributions.''.
Sec. 111. The Missouri River Levee System (MRLS) Unit L-385
Project, Riverside, Missouri, authorized by the Flood Control Act of
1941, Public Law 77-228, and the Flood Control Act of 1944, Public Law
78-534, is modified to direct the Secretary, acting through the Chief
of Engineers, to take such action as is necessary to correct
deficiencies in the L-385 levee system in Riverside, Missouri at full
Federal expense at a cost of no more than $7,000,000.
Sec. 112. (a) Using funds appropriated in this Act and hereafter,
the Secretary is directed to complete the selection for any Senior
Executive Service position within the United States Army Corps of
Engineers that is vacant as of the date of enactment of this Act no
later than 90 days after the effective date of this section.
(b) Using funds appropriated in this Act and hereafter, the
Secretary shall complete the selection for any vacancy in a Senior
Executive Service position within the United States Army Corps of
Engineers that occurs after the date of enactment of this Act no later
than 90 days after the vacancy occurs.
(c) If the Secretary cannot complete any selection within the time
period required by subsections (a) and (b) of this section, the
Secretary shall report to the Committees on Appropriations of the
Senate and the House of Representatives on the reasons the selection
could not be made within the required time period. Any such report
shall be submitted to the Committees no later than 30 days after the
date upon which the selection should have been completed, and the
Secretary shall submit additional reports every 30 days thereafter
until the selection is made.
(d) None of the funds appropriated in this Act or any other Act
heretofore or hereinafter enacted may be used to reduce the total
number of positions designated as Senior Executive Service positions
within the United States Army Corps of Engineers below 44.
Sec. 113. Section 115 of the Energy and Water Development and
Related Agencies Appropriations Act, 2008 as contained in division C of
Public Law 110-161, is amended by striking ``$20,000,000. The Secretary
shall transfer this facility to the Secretary of the Interior for
operation and maintenance upon the completion of construction.'' and
inserting in lieu thereof, ``$20,000,000: Provided, That the Secretary
shall transfer ownership of this facility to the Secretary of Health
and Human Services for operation and maintenance upon the completion of
construction.''.
Sec. 114. 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
Waterway Trust Fund unless or until such time that a permanent solution
to enhance revenues in the fund is enacted.
Sec. 115. Section 103(c)(7) of the Water Resources Development Act
of 1992 (106 Stat. 4811-12), as amended by section 117 of the Energy
and Water Development Appropriations Act of 2006 (119 Stat. 2255), is
further amended by striking ``15,000,000'' and inserting
``26,000,000''.
Sec. 116. Section 3118 of Public Law 110-114 (121 Stat. 1137) is
amended by--
(1) in paragraph (b) by inserting after ``New Mexico'' the
following: ``in accordance with the plans recommended in the
feasibility report for the Middle Rio Grande Bosque, New
Mexico, scheduled for completion in December 2008''.
(2) redesignating subsection (d) as subsection (e); and
(3) inserting a new subsection (d):
``(d) Cost Sharing.--Any requirement for non-Federal participation
in a project carried out in the bosque of Bernalillo County, New
Mexico, pursuant to this section shall be limited to the provision of
lands, easements, rights-of-way, relocations, and dredged material
disposal areas necessary for construction, operation and maintenance of
the project.''.
Sec. 117. The non-Federal interest for the project referenced in
section 3154 of the Water Resources Development Act of 2007 (Public Law
110-114; 121 Stat. 1148) may carry out design and construction work on
the project in advance of Federal appropriations or may provide funds
directly to the Secretary for the Secretary to carry out such work. The
Secretary of the Army shall reimburse the non-Federal interest for any
costs incurred by the non-Federal interest that are in excess of the
non-Federal share of total project costs.
Sec. 118. (a) The non-Federal interest for the project for
hurricane and storm damage reduction, Morganza to the Gulf of Mexico,
Louisiana, authorized by section 1001(24) of the Water Resources
Development Act of 2007 (Public Law 110-114; 121 Stat. 1053) may, using
its own funds, construct the Houma Navigation Canal lock complex
feature of the project.
(b) Costs incurred by the non-Federal interest pursuant to
subsection (a) of this section may be credited against the non-Federal
share of the project or reimbursed at the Secretary of the Army's
discretion, subject to initiation of the construction of the project by
the Federal Government and subject to a determination by the Secretary
of the Army that the work completed by the non-Federal interest
pursuant to subsection (a) is an integral part of the project.
Sec. 119. The Colorado Department of Natural Resources is
authorized to perform modifications of the facility (Chatfield
Reservoir, Colorado), and any required mitigation which results from
implementation of the project: Provided, That in carrying out the
reassignment of storage space provided for in this section, the
Secretary shall collaborate with the Colorado Department of Natural
Resources and local interests to determine costs to be repaid for
storage that reflects the limited reliability of the resources and the
capability of non-Federal interests to make use of the reallocated
storage space in Chatfield Reservoir, Colorado.
Sec. 120. 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 (110 Stat. 3666), is
modified to authorize the Secretary to construct the project at an
estimated total cost of $51,000,000, with an estimated Federal cost of
$38,250,000 and an estimated non-Federal cost of $12,750,000.
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.
For fiscal year 2009, the Commission may use an amount not to
exceed $1,500,000 for administrative expenses.
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.
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 recognized Indian tribes,
and others, $927,320,000, to remain available until expended, of which
$46,655,000 shall be available for transfer to the Upper Colorado River
Basin Fund and $27,951,000 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 16 U.S.C. 1706:
Provided, That such transfers may be increased or decreased within the
overall appropriation under this heading: Provided further, 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. 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 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: Provided
further, That funds provided for the Friant-Kern and Madera Canals
improvements may be expended on a non-reimbursable basis.
central valley project restoration fund
For carrying out the programs, projects, plans, 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), 3405(f), and 3406(c)(1) 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 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, $42,000,000, 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.
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, $59,400,000, 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 provisions
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 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.
Sec. 202. 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. 203. Funds under this title for Drought Emergency Assistance
shall be made available primarily for leasing of water for specified
drought related purposes from willing lessors, in compliance with
existing State laws and administered under State water priority
allocation.
Sec. 204. The Secretary of the Interior, acting through the
Commissioner of the Bureau of Reclamation, is authorized to enter into
grants, cooperative agreements, and other agreements with irrigation or
water districts and States to fund up to 50 percent of the cost of
planning, designing, and constructing improvements that will conserve
water, increase water use efficiency, or enhance water management
through measurement or automation, at existing water supply projects
within the States identified in the Act of June 17, 1902, as amended,
and supplemented: Provided, That when such improvements are to
federally owned facilities, such funds may be provided in advance on a
nonreimbursable basis to an entity operating affected transferred works
or may be deemed nonreimbursable for nontransferred works: Provided
further, That the calculation of the non-Federal contribution shall
provide for consideration of the value of any in-kind contributions,
but shall not include funds received from other Federal agencies:
Provided further, That the cost of operating and maintaining such
improvements shall be the responsibility of the non-Federal entity:
Provided further, That this section shall not supercede any existing
project-specific funding authority: Provided further, That the
Secretary is also authorized to enter into grants or cooperative
agreements with universities or nonprofit research institutions to fund
water use efficiency research.
Sec. 205. (a) Section 209 of the Energy and Water Development
Appropriations Act, 2004 (Public Law 108-137; 117 Stat. 1850) is
repealed.
(b) The Secretary of the Interior (referred to in this section as
the ``Secretary'') shall establish and maintain an Executive Committee
of the Middle Rio Grande Endangered Species Collaborative Program
(referred to in this section as the ``Executive Committee'') consistent
with the bylaws of the Middle Rio Grande Endangered Species
Collaborative Program adopted on October 2, 2006.
(c) Hereafter, in compliance with applicable Federal and State
laws, the Secretary (acting through the Commissioner of Reclamation),
in collaboration with the Executive Committee, may enter into any
grants, contracts, cooperative agreements, interagency agreements, or
other agreements that the Secretary determines to be necessary to
comply with the 2003 Biological Opinion described in section 205(b) of
the Energy and Water Development Appropriations Act, 2005 (Public Law
108-447; 118 Stat. 2949) as amended by section 121(b) of the Energy and
Water Development Appropriations Act, 2006 (Public Law 109-103; 119
Stat. 2256) or any related subsequent biological opinion or in
furtherance of the objectives set forth in the collaborative program
long-term plan.
(d)(1) The acquisition of water under subsection (c) and any
administrative costs associated with carrying out subsection (c) shall
be at full Federal expense.
(2) Not more than 15 percent of amounts appropriated to carry out
subsection (c) shall be made available for the payment of
administrative expenses associated with carrying out that subsection.
(e)(1) The non-Federal share of activities carried out under
subsection (c) (other than an activity or a cost described in
subsection (d)(1)) shall be 25 percent. The non-Federal cost share
shall be determined on a programmatic, rather than a project-by-project
basis.
(2) The non-Federal share required under paragraph (1) may be in
the form of in-kind contributions, the value of which shall be
determined by the Secretary in consultation with the executive
committee.
(f) Nothing in this section modifies or expands the discretion of
the Secretary with respect to operating reservoir facilities under the
jurisdiction of the Secretary in the Rio Grande Valley, New Mexico.
Sec. 206. In carrying out section 2507 of Public Law 107-171, as
amended by section 2807 of Public Law 110-234, the Secretary of the
Interior, acting through the Commissioner of Reclamation, shall use
$5,000,000 to provide grants, to be divided equally, to the State of
Nevada and the State of California to implement the Truckee River
Settlement Act, Public Law 101-618.
Sec. 207. (a) Notwithstanding any other provision of law, of
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),
as amended by section 2807 of Public Law 110-234, the Secretary of the
Interior acting through the Commissioner of Reclamation, shall use
$4,000,000 for Silver Lake water transmission improvements.
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, $1,928,259,000,
to remain available until expended: Provided, That of the amount
appropriated in this paragraph, $124,150,000 shall be used for 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 United States Senate
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, $166,900,000, to
remain available until expended: Provided, That of the amount
appropriated in this paragraph, $12,900,000 shall be used for projects
specified in the table that appears under the heading ``Congressionally
Directed Electricity Delivery and Energy Reliability Projects'' in the
report of the Committee on Appropriations of the United States Senate
to accompany this Act.
Nuclear Energy
(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 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, $803,000,000, to remain available
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 Nuclear
Energy Projects'' in the report of the Committee on Appropriations of
the United States Senate to accompany this Act.
clean coal technology
(transfer of funds)
Of the funds made available under this heading for obligation in
prior years, $149,000,000 of uncommitted balances are transferred to
Fossil Energy Research and Development to be used until expended:
Provided, That funds made available in previous appropriations Acts
shall be made available for any ongoing project regardless of the
separate request for proposal under which the project was selected.
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 (30 U.S.C. 3, 1602, and 1603), $876,730,000, 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,
$232,300,000 is available for the Clean Coal Power Initiative Round III
solicitation, pursuant to title IV of the Public Law 109-58: Provided
further, That funds appropriated for prior solicitations under the
Clean Coal Technology Program, Power Plant Improvement Initiative,
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 Clean Coal Power Initiative
Round III 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 Clean Coal Power
Initiative project may be selected for which full funding is not
available to provide for the total project: Provided further, That if a
Clean Coal Power Initiative project selected after enactment of this
legislation for negotiation under this or any other Act in any fiscal
year, is not awarded within 2 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 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 Clean Coal Power
Initiative 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 at least 50 percent cost-sharing
shall be required in each budget period of a project: Provided further,
That in accordance with section 988(e) of Public Law 109-58, repayment
of the DOE contribution to a project shall not be a condition of making
an award under this solicitation: 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 42 U.S.C.
5903d as well as those contained under the heading ``Clean Coal
Technology'' in prior appropriations: Provided further, That any
technology selected under these programs shall be considered a Clean
Coal Technology, and any project selected under these programs shall be
considered a Clean Coal Technology Project, for the purposes of 42
U.S.C. 7651n, and chapters 51, 52, and 60 of title 40 of the Code of
Federal Regulations: 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, up to 4 percent of program direction funds
available to the National Energy Technology Laboratory may be used to
support Department of Energy activities not included in this Fossil
Energy account: Provided further, That in this Act and future Acts, the
salaries for Federal employees performing research and development
activities at the National Energy Technology Laboratory can continue to
be funded from any appropriate DOE program accounts: Provided further,
That revenues and other moneys received by or for the account of the
Department of Energy or otherwise generated by sale of products in
connection with projects of the Department appropriated under the
Fossil Energy Research and Development account may be retained by the
Secretary of Energy, to be available until expended, and used only for
plant construction, operation, costs, and payments to cost-sharing
entities as provided in appropriate cost-sharing contracts or
agreements: Provided further, That no funds appropriated for FutureGen
under prior Acts shall be available to support projects under the
Department of Energy's competitive, restructured FutureGen
solicitation: Provided further, That of the amount appropriated in this
paragraph, $32,700,000 shall be used for projects specified in the
table that appears under the heading ``Congressionally Directed Fossil
Energy Projects'' in the report of the Committee on Appropriations of
the United States Senate 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 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 pursuant
to the Energy Policy and Conservation Act of 1975, as amended (42
U.S.C. 6201 et seq.), $205,000,000, to remain available until expended,
of which $31,507,000 shall be provided to initiate new site expansion
activities, beyond land acquisition, consistent with the budget
request.
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, $110,595,000, 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, $269,411,000, to remain available until
expended: Provided, That $12,500,000 is appropriated for environmental
remediation activities associated with the Energy Technology and
Engineering Center (ETEC) at the Santa Susana Field Laboratory (SSFL),
subject to the following: (1) the Department shall use a portion of
this funding to enter into an interagency agreement with the
Environmental Protection Agency (EPA) regarding a comprehensive
radioactive site characterization of Area IV of the SSFL and (2) the
Department shall provide the amount required by EPA for the radioactive
site characterization in fiscal year 2009 from within the available
funds: Provided further, 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 Non-Defense
Environmental Cleanup Projects'' in the report of the Committee on
Appropriations of the United States Senate 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, as amended,
and title X, subtitle A, of the Energy Policy Act of 1992,
$515,333,000, to be derived from the Fund, to remain available until
expended.
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, $4,640,469,000, to remain available until
expended: Provided, That of the amount appropriated in this paragraph,
$58,500,000 shall be used for projects specified in the table that
appears under the heading ``Congressionally Directed Science Projects''
in the report of the Committee on Appropriations of the United States
Senate 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, as amended
(the ``NWPA''), including the acquisition of real property or facility
construction or expansion, $195,390,000, 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,
$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 Act: Provided further, That
notwithstanding the lack of a written agreement with the State of
Nevada under section 117(c) of the NWPA, $1,000,000 shall be provided
to Nye County, Nevada, for on-site oversight activities under section
117(d) of that Act: Provided further, That $9,000,000 shall be provided
to affected units of local government, as defined in the NWPA, to
conduct appropriate activities and participate in licensing activities:
Provided further, That of the $9,000,000 provided 7.5 percent of the
funds provided 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. This funding shall be provided to
affected units of local government, as defined in the Act: Provided
further, That $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. The Committee
requires the entities to certify 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 the activities authorized by the Act and this Act:
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: 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: 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: Provided further, That of the amount appropriated in this
paragraph, $1,950,000 shall be used for projects specified in the table
that appears under the heading ``Congressionally Directed Nuclear Waste
Disposal Projects'' in the report of the Committee on Appropriations of
the United States Senate to accompany this Act.
Title 17 Innovative Technology Loan Guarantee Program
Subject to section 502 of the Congressional Budget Act of 1974,
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 $20,000,000,000 for eligible projects
(other than nuclear power facilities), and commitments to guarantee
loans under title XVII shall not exceed a total principal amount, any
part of which is to be guaranteed, of $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 and prior Acts, 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 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.
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, plus such additional amounts as
necessary to cover increases in the estimated amount of cost of work
for others notwithstanding the provisions 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
$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, 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 two passenger motor vehicles, and one ambulance;
$6,524,579,000, to remain available until expended: Provided, That
$38,583,000 is authorized to be appropriated for Project 06-D-140-05
(PED) Uranium Processing Facility, Y-12 Plant, Oak Ridge, Tennessee:
Provided further, That $125,000,000 is authorized to be appropriated
for 04-D-125 Chemistry and Metallurgy facility replacement project, Los
Alamos, New Mexico: Provided further, That $35,000,000 is authorized to
be appropriated for the 09-D-007 LANSCE Refurbishment, PED, Los Alamos
National Laboratory, Los Alamos, New Mexico: Provided further, That of
the amount appropriated in this paragraph, $3,500,000 shall be used for
projects specified in the table that appears under the heading
``Congressionally Directed Weapons Activities Projects'' in the report
of the Committee on Appropriations of the United States Senate 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 atomic energy defense, 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; $1,909,056,000, to remain available until
expended: Provided, That of the funds provided herein, $487,008,000 is
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.
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, $404,081,000, to
remain available until expended.
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, $5,771,506,000, 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, $9,000,000 shall be used for
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 United States
Senate 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 10 passenger motor
vehicles for replacement only, $827,503,000, to remain available until
expended: Provided, That of the amount appropriated in this paragraph,
$1,050,000 shall be used for projects specified in the table that
appears under the heading ``Congressionally Directed Other Defense
Activities Projects'' in the report of the Committee on Appropriations
of the United States Senate to accompany 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, $193,000,000, 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 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 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; $218,346,000, to remain
available until expended, of which $208,642,000 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 the provision of 31 U.S.C. 3302,
up to $403,118,000 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.
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. Downblending Highly Enriched Uranium. The USEC
Privatization Act (42 U.S.C. 2297h et seq.) is amended--
(1) in section 3102, by striking ``For purposes'' and
inserting ``Except as provided in section 3112A, for
purposes''; and
(2) by inserting after section 3112 the following:
``SEC. 3112A. INCENTIVES FOR ADDITIONAL DOWNBLENDING OF HIGHLY ENRICHED
URANIUM BY THE RUSSIAN FEDERATION.
``(a) Definitions.--In this section:
``(1) Completion of the russian heu agreement.--The term
`completion of the Russian HEU Agreement' means the importation
into the United States from the Russian Federation pursuant to
the Russian HEU Agreement of uranium derived from the
downblending of not less than 500 metric tons of highly
enriched uranium of weapons origin.
``(2) Downblending.--The term `downblending' means
processing highly enriched uranium into a uranium product in
any form in which the uranium contains less than 20 percent
uranium-235.
``(3) Highly enriched uranium.--The term `highly enriched
uranium' has the meaning given that term in section 3102(4).
``(4) Highly enriched uranium of weapons origin.--The term
`highly enriched uranium of weapons origin' means highly
enriched uranium that--
``(A) contains 90 percent or more uranium-235; and
``(B) is verified by the Secretary of Energy to be
of weapons origin.
``(5) Low-enriched uranium.--The term `low-enriched
uranium' means a uranium product in any form, including uranium
hexafluoride (UF<INF>6</INF>) and uranium oxide
(UO<INF>2</INF>), in which the uranium contains less than 20
percent uranium-235, including natural uranium, without regard
to whether the uranium is incorporated into fuel rods or
complete fuel assemblies.
``(6) Russian heu agreement.--The term `Russian HEU
Agreement' has the meaning given that term in section 3102(11).
``(7) Uranium-235.--The term `uranium-235' means the
isotope \235\U.
``(b) Statement of Policy.--It is the policy of the United States
to support the continued downblending of highly enriched uranium of
weapons origin in the Russian Federation in order to protect the
essential security interests of the United States with respect to the
nonproliferation of nuclear weapons.
``(c) Promotion of Downblending of Russian Highly Enriched
Uranium.--
``(1) Completion of the russian heu agreement.--Prior to
the completion of the Russian HEU Agreement, the importation
into the United States of low-enriched uranium, including low-
enriched uranium obtained under contracts for separative work
units, that is produced in the Russian Federation and is not
imported pursuant to the Russian HEU Agreement, may not exceed
the following amounts:
``(A) In the 4-year period beginning with calendar
year 2008, 16,559 kilograms.
``(B) In calendar year 2012, 24,839 kilograms.
``(C) In calendar year 2013 and each calendar year
thereafter through the calendar year of the completion
of the Russian HEU Agreement, 41,398 kilograms.
``(2) Incentives to continue downblending russian highly
enriched uranium after the completion of the russian heu
agreement.--
``(A) In general.--After the completion of the
Russian HEU Agreement, the importation into the United
States of low-enriched uranium, including low-enriched
uranium obtained under contracts for separative work
units, that is produced in the Russian Federation,
whether or not such low-enriched uranium is derived
from highly enriched uranium of weapons origin, may not
exceed--
``(i) in calendar year 2014, 485,279
kilograms;
``(ii) in calendar year 2015, 455,142
kilograms;
``(iii) in calendar year 2016, 480,146
kilograms;
``(iv) in calendar year 2017, 490,710
kilograms;
``(v) in calendar year 2018, 492,731
kilograms;
``(vi) in calendar year 2019, 509,058
kilograms; and
``(vii) in calendar year 2020, 514,754
kilograms.
``(B) Additional imports in exchange for a
commitment to downblend an additional 300 metric tons
of highly enriched uranium.--
``(i) In general.--In addition to the
amount authorized to be imported under
subparagraph (A) and except as provided in
clause (ii), if the Russian Federation enters
into a bilateral agreement with the United
States under which the Russian Federation
agrees to downblend an additional 300 metric
tons of highly enriched uranium after the
completion of the Russian HEU Agreement, 4
kilograms of low-enriched uranium, whether or
not such low-enriched uranium is derived from
highly enriched uranium of weapons origin and
including low-enriched uranium obtained under
contracts for separative work units, may be
imported in a calendar year for every 1
kilogram of Russian highly enriched uranium of
weapons origin that was downblended in the
preceding calendar year, subject to the
verification of the Secretary of Energy under
paragraph (9).
``(ii) Maximum annual imports.--Not more
than 120,000 kilograms of low-enriched uranium
may be imported in a calendar year under clause
(i).
``(3) Exceptions.--The import limitations described in
paragraphs (1) and (2) shall not apply to low-enriched uranium
produced in the Russian Federation that is imported into the
United States--
``(A) for use in the initial core of a new nuclear
reactor;
``(B) for processing and to be certified for re-
exportation and not for consumption in the United
States; or
``(C) to be added to the inventory of the
Department of Energy.
``(4) Adjustments to import limitations.--
``(A) In general.--The import limitations described
in paragraph (2)(A) are based on the reference data in
the 2005 Market Report on the Global Nuclear Fuel
Market Supply and Demand 2005-2030 of the World Nuclear
Association. In each of calendar years 2016 and 2019,
the Secretary of Commerce shall review the projected
demand for uranium for nuclear reactors in the United
States and adjust the import limitations described in
paragraph (2)(A) to account for changes in such demand
in years after the year in which that report or a
subsequent report is published.
``(B) Incentive adjustment.--Beginning in the
second calendar year after the calendar year of the
completion of the Russian HEU Agreement, the Secretary
of Energy shall increase or decrease the amount of low-
enriched uranium that may be imported in a calendar
year under paragraph (2)(B) (including the amount of
low-enriched uranium that may be imported for each
kilogram of highly enriched uranium downblended under
paragraph (2)(B)(i)) by a percentage equal to the
percentage increase or decrease, as the case may be, in
the average amount of uranium loaded into nuclear power
reactors in the United States in the most recent 3-
calendar-year period for which data are available, as
reported by the Energy Information Administration of
the Department of Energy, compared to the average
amount of uranium loaded into such reactors during the
3-calendar-year period beginning on January 1, 2011, as
reported by the Energy Information Administration.
``(C) Publication of adjustments.--As soon as
practicable, but not later than July 31 of each
calendar year, the Secretary of Energy shall publish in
the Federal Register the amount of low-enriched uranium
that may be imported in the current calendar year after
the adjustments under subparagraph (B).
``(5) Authority for additional adjustment.--In addition to
the adjustment under paragraph (4)(A), the Secretary of
Commerce may adjust the import limitations under paragraph
(2)(A) for a calendar year if the Secretary--
``(A) in consultation with the Secretary of Energy,
determines that the available supply of low-enriched
uranium and the available stockpiles of uranium of the
Department of Energy are insufficient to meet demand in
the United States in the following calendar year; and
``(B) notifies Congress of the adjustment not less
than 45 days before making the adjustment.
``(6) Equivalent quantities of low-enriched uranium
imports.--
``(A) In general.--The import limitations described
in paragraphs (1) and (2) are expressed in terms of
uranium containing 4.4 percent uranium-235 and a tails
assay of 0.3 percent.
``(B) Adjustment for other uranium.--Imports of
low-enriched uranium under paragraphs (1) and (2),
including low-enriched uranium obtained under contracts
for separative work units, shall count against the
import limitations described in such paragraphs in
amounts calculated as the quantity of low-enriched
uranium containing 4.4 percent uranium-235 necessary to
equal the total amount of uranium-235 contained in such
imports.
``(7) Downblending of other highly enriched uranium.--
``(A) In general.--The downblending of highly
enriched uranium not of weapons origin may be counted
for purposes of paragraph (2)(B), subject to
verification under paragraph (9), if the Secretary of
Energy determines that the highly enriched uranium to
be downblended poses a risk to the national security of
the United States.
``(B) Equivalent quantities of highly enriched
uranium.--For purposes of determining the additional
low-enriched uranium imports allowed under paragraph
(2)(B), highly enriched uranium not of weapons origin
downblended pursuant to subparagraph (A) shall count as
downblended highly enriched uranium of weapons origin
in amounts calculated as the quantity of highly
enriched uranium containing 90 percent uranium-235
necessary to equal the total amount of uranium-235
contained in the highly enriched uranium not of weapons
origin downblended pursuant to subparagraph (A).
``(8) Termination of import restrictions.--The provisions
of this subsection shall terminate on December 31, 2020.
``(9) Technical verifications by secretary of energy.--
``(A) In general.--The Secretary of Energy shall
verify the origin, quantity, and uranium-235 content of
the highly enriched uranium downblended for purposes of
paragraphs (2)(B) and (7).
``(B) Methods of verification.--In conducting the
verification required under subparagraph (A), the
Secretary of Energy shall employ the transparency
measures and access provisions agreed to under the
Russian HEU Agreement for monitoring the downblending
of Russian highly enriched uranium of weapons origin
and such other methods as the Secretary determines
appropriate.
``(10) Enforcement of import limitations.--The Secretary of
Commerce shall be responsible for enforcing the import
limitations imposed under this subsection and shall enforce
such import limitations in a manner that imposes a minimal
burden on the commercial nuclear industry.
``(11) Effect on other agreements.--
``(A) Russian heu agreement.--Nothing in this
section shall be construed to modify the terms of the
Russian HEU Agreement, including the provisions of the
Agreement relating to the amount of low-enriched
uranium that may be imported into the United States.
``(B) Other agreements.--If a provision of any
agreement between the United States and the Russian
Federation, other than the Russian HEU Agreement,
relating to the importation of low-enriched uranium,
including low-enriched uranium obtained under contracts
for separative work units, into the United States
conflicts with a provision of this section, the
provision of this section shall supersede the provision
of the agreement to the extent of the conflict.''.
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. Workforce Restructuring. None of the funds appropriated
by this Act may be used to--
(1) develop or implement a workforce restructuring plan
that covers employees of the Department of Energy; or
(2) provide enhanced severance payments or other benefits
for employees of the Department of Energy, under section 3161
of the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 42 U.S.C. 7274h).
Sec. 304. Section 3161 Assistance. None of the funds appropriated
by this Act may be used to augment the funds made available for
obligation by this Act for severance payments and other benefits and
community assistance grants under section 3161 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 42 U.S.C.
7274h) unless the Department of Energy submits a reprogramming request
to the appropriate congressional committees.
Sec. 305. Unexpended Balances. 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. 306. 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. 307. 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. 308. 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 until the enactment of
the Intelligence Authorization Act for fiscal year 2009.
Sec. 309. Laboratory Directed Research and Development. Of the
funds made available by the Department of Energy for activities at
government-owned, contractor-operator operated laboratories funded in
this Act or subsequent Energy and Water Development Appropriations
Acts, the Secretary may authorize a specific amount, not to exceed 10
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 6 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: Provided further, That
notwithstanding Department of Energy order 413.2A, dated January 8,
2001, beginning in fiscal year 2006 and thereafter, all DOE
laboratories may be eligible for laboratory directed research and
development funding.
Sec. 310. Not to exceed 5 percent of any appropriation made
available for Department of Energy activities funded in this Act or
subsequent Energy and Water Development Appropriations Acts may be
transferred between such appropriations, but no such appropriation,
except as otherwise provided, shall be increased or decreased by more
than 5 percent by any such transfers, and notification of such
transfers shall be submitted promptly to the Committees on
Appropriations of the House and Senate.
Sec. 311. 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. 312. Reno Hydrogen Fuel Project. (a) The non-Federal share of
project costs shall be 20 percent.
(b) The cost of project vehicles, related facilities, and other
activities funded from the Federal Transit Administration sections
5307, 5308, 5309, and 5314 program, including the non-Federal share for
the FTA funds, is an eligible component of the non-Federal share for
this project.
(c) Contribution of the non-Federal share of project costs for all
grants made for this project may be deferred until the entire project
is completed.
(d) All operations and maintenance costs associated with vehicles,
equipment, and facilities utilized for this project are eligible
project costs.
(e) This section applies to project appropriations beginning in
fiscal year 2004.
Sec. 313. Integrated University Program. (a) The Secretary of
Energy, along with the Administrator of the National Nuclear Security
Administration and the Chairman of the Nuclear Regulatory Commission,
shall establish an Integrated University Program.
(b) For the purposes of carrying out this section, $45,000,000 is
authorized to be appropriated in each of fiscal years 2009 to 2019 as
follows:
(1) $15,000,000 for the Department of Energy;
(2) $15,000,000 for the Nuclear Regulatory Commission; and
(3) $15,000,000 for the National Nuclear Security
Administration.
(c) Of the amounts authorized to carry out this section,
$10,000,000 shall be used by each organization to support university
research and development in areas relevant to their respective
organization's mission, and $5,000,000 shall be used by each
organization to support a jointly implemented Nuclear Science and
Engineering Grant Program that will support multiyear research projects
that do not align with programmatic missions but are critical to
maintaining the discipline of nuclear science and engineering.
Sec. 314. Naming Laboratory Facilities. Facilities at Sandia
National Laboratories and Los Alamos National Laboratory, New Mexico,
shall be named in honor of Senator Pete V. Domenici in recognition of
his exceptional service in the national interest and his steadfast
support of scientific excellence at our national laboratories.
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, not
withstanding 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, $85,000,000, 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 the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $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, as amended, notwithstanding sections 382C(b)(2), 382F(d),
382M, and 382N of said Act, $20,000,000, 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, $21,800,000, 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, as amended, and the
Atomic Energy Act of 1954, as amended, including official
representation expenses (not to exceed $25,000), $1,022,956,000, to
remain available until expended: Provided, That of the amount
appropriated herein, $37,300,000 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
$162,099,000: Provided further, That such funds as are made available
for necessary expenses of the Commission by this Act or any other Act
may be used for the acquisition and lease of additional office space
provided by the General Services Administration for personnel of the
U.S. Nuclear Regulatory Commission as close as reasonably possible to
the Commission's headquarters location in Rockville, Maryland, and of
such square footage and for such lease term, as are determined by the
Commission to be necessary to maintain the agency's regulatory
effectiveness, efficiency, and emergency response capability: Provided
further, That notwithstanding any other provision of law or any
prevailing practice, the acquisition and lease of space for such
purpose shall, to the extent necessary to obtain the space, be based on
the prevailing rates in the immediate vicinity of the Commission's
headquarters.
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, $9,344,000, to remain available until expended: Provided, That
revenues from licensing fees, inspection services, and other services
and collections estimated at $8,410,000 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
$934,000.
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, $3,811,000, 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''.
Calendar No. 876
110th CONGRESS
2d Session
S. 3258
[Report No. 110-416]
_______________________________________________________________________
A BILL
Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2009, and for other
purposes.
_______________________________________________________________________
July 14, 2008
Read twice and placed on the calendar