[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3183 Engrossed in House (EH)]
111th CONGRESS
1st Session
H. R. 3183
_______________________________________________________________________
AN ACT
Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2010, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for energy and water development
and related agencies for the fiscal year ending September 30, 2010, and
for other purposes, namely:
TITLE I--CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to rivers and harbors, flood and storm damage reduction,
shore protection, aquatic ecosystem restoration, and related efforts.
investigations
For expenses necessary when 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; and for miscellaneous investigations and, when
authorized by law, surveys and detailed studies and plans and
specifications of projects prior to construction, $142,000,000, to
remain available until expended: Provided, That, except as provided in
section 101, the amounts made available under this paragraph shall be
expended as authorized by law for the projects and activities specified
in the text and table under this heading in the report of the Committee
on Appropriations of the House of Representatives to accompany this
Act.
construction
(including transfers of funds)
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; 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),
$2,122,679,000 (increased by $14,000,000) (increased by $7,000,000), to
remain available until expended; of which such sums as are necessary to
cover the Federal share of construction costs for facilities under the
Dredged Material Disposal Facilities program shall be derived from the
Harbor Maintenance Trust Fund as authorized by the Water Resources
Development Act of 1996 (Public Law 104-303); and of which such sums as
are necessary to cover one-half of the costs of construction,
replacement, rehabilitation, and expansion of inland waterways projects
shall be derived from the Inland Waterways Trust Fund: Provided, That
$1,500,000 of the funds appropriated under this heading in title I of
division C of the Omnibus Appropriations Act, 2009 (Public Law 111-8;
123 Stat. 601-609) is transferred to the Investigations account and, in
addition to funds appropriated by this Act, applied toward the cost of
carrying out the Seven Oaks Water Conservation Study, California:
Provided further, That, except as provided in section 101, the amounts
made available under this paragraph shall be expended as authorized by
law for the projects and activities specified in the text and table
under this heading in the report of the Committee on Appropriations of
the House of Representatives to accompany this Act.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects and
related efforts in the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $251,375,000, 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, except as provided in section 101, the amounts made
available under this paragraph shall be expended as authorized by law
for the projects and activities specified in the text and table under
this heading in the report of the Committee on Appropriations of the
House of Representatives to accompany this Act.
operation and maintenance
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law;
providing security for infrastructure owned or operated by the Corps,
including administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public agency that
serve essential navigation needs of general commerce, when authorized
by law; surveying and charting northern and northwestern lakes and
connecting waters; clearing and straightening channels; and removing
obstructions to navigation, $2,510,971,000, to remain available until
expended, of which such sums as are necessary to cover the Federal
share of eligible operation and maintenance costs for coastal harbors
and channels and for inland harbors shall be derived from the Harbor
Maintenance Trust Fund; of which such sums as become available from the
special account for the Corps established by the Land and Water
Conservation Act of 1965 (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, the amounts made available under
this paragraph shall be expended as authorized by law for the projects
and activities specified in the text and table under this heading in
the report of the Committee on Appropriations of the House of
Representatives to accompany this Act.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $190,000,000 (increased by
$1,800,000), to remain available until expended.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $134,000,000, to remain available until
expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
Corps and the offices of the Division Engineers; and for the management
and operation of the Humphreys Engineer Center Support Activity, the
Institute for Water Resources, the Engineer Research and Development
Center, and the Corps Finance Center, $184,000,000 (reduced by
$14,000,000) (reduced by $10,800,000) (reduced by $7,000,000), to
remain available until expended, of which not more than $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 in this title shall be available to fund the above
activities: Provided further, That any unobligated balances from prior
appropriation Acts for ``Flood Control and Coastal Emergencies'' may be
used to fund the supervision and general administration of emergency
operations, repairs, and other activities in response to any flood,
hurricane, or other natural disaster: Provided further, That upon
submission to the Congress of the fiscal year 2011 President's budget,
the Chief of Engineers shall transmit to Congress the annual
congressional budget justifications for fiscal year 2011: Provided
further, That the amount herein appropriated shall be reduced by
$100,000 per day for each day after initial submission of the
President's budget that the report has not been submitted to the
Congress.
office of assistant secretary of the army (civil works)
For the Office of Assistant Secretary of the Army (Civil Works) as
authorized by 10 U.S.C. 3016(b)(3), $6,000,000, 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. Reprogramming Restriction.--(a) None of the funds
provided in this title 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 are denied or restricted by this
Act;
(4) reduces funds that are directed to be used for a
specific program, project, or activity by this Act;
(5) increases funds for any program, project, or activity
by more than $2,000,000 or 10 percent, whichever is less; or
(6) reduces funds for any program, project, or activity by
more than $2,000,000 or 10 percent, whichever is less.
(b) Subsection (a)(1) shall not apply to any project or activity
authorized under section 205 of the Flood Control Act of 1948, section
14 of the Flood Control Act of 1946, section 208 of the Flood Control
Act of 1954, section 107 of the River and Harbor Act of 1960, section
103 of the River and Harbor Act of 1962, section 111 of the River and
Harbor Act of 1968, section 1135 of the Water Resources Development Act
of 1986, section 206 of the Water Resources Act of 1996, or section 204
of the Water Resources Act of 1992.
(c) The Army Corps of Engineers shall submit reports on a quarterly
basis to the Committees on Appropriations of the House of
Representatives and the Senate detailing all the funds reprogrammed
between programs, projects, activities, or categories of funding. The
first quarterly report shall be submitted not later than 60 days after
the date of enactment of this Act.
Sec. 102. Competitive Sourcing.--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 Army Corps of Engineers.
Sec. 103. Contract Modification.--None of the funds made available
in this title may be used to award or modify any contract that commits
funds beyond the amounts appropriated for that program, project, or
activity that remain unobligated, except that such amounts may include
any funds that have been made available through reprogramming pursuant
to section 101.
Sec. 104. Inland Waterways Trust Fund.--None of the funds in this
Act, or previous Acts making funds available for Energy and Water
Development, shall be used to award any continuing contract that
commits additional funding from the Inland Waterways Trust Fund unless
or until such time that a long-term mechanism to enhance revenues in
the Fund sufficient to meet the cost-sharing authorized in the Water
Resources Development Act of 1986 (Public Law 99-662) is enacted.
Sec. 105. Two Harbors, Minnesota.--The project for navigation, Two
Harbors, Minnesota, being carried out under section 107 of the River
and Harbor Act of 1960 (33 U.S.C. 577), and modified by section 3101 of
the Water Resources Development Act of 2007 (121 Stat. 1133), is
further modified to direct the Secretary to credit, in accordance with
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b),
toward the non-Federal share of the project the cost of planning,
design, and construction work carried out by the non-Federal interest
for the project before the date of execution of a partnership agreement
for the project.
Sec. 106. Northern Wisconsin.--Section 154(h) of title I of
division B of the Miscellaneous Appropriations Act, 2001 (114 Stat.
2763A-254) (as enacted into law by Public Law 106-554) is amended by
striking ``$40,000,000'' and inserting ``$60,000,000''.
Sec. 107. Martin, Kentucky.--The Secretary is directed to use such
funds as are necessary, from amounts made available in this Act under
the heading ``Construction'', to expedite acquisition of those
properties located in the vicinity of Martin, Kentucky, that were
damaged by the floodwaters in the May 2009 flood event and that fall
within Phases 3 and 4 of the mandatory and voluntary acquisition
elements identified in Plan A of the Chief of Engineers, Town of Martin
Nonstructural Project Detailed Project Report, Appendix T, Section 202
General Plan, dated March 2000.
Sec. 108. White River Minimum Flow, Arkansas.--Section 132 of the
Energy and Water Development Appropriations Act of 2006 (119 Stat 2261)
is amended--
(1) in subsection (a)(3), by striking ``Corps of
Engineers'' and inserting ``Southwestern Power
Administration'';
(2) by adding at the end of subsection (a) the following
new paragraph:
``(5) Payment to non-federal licensee.--Southwestern Power
Administration shall compensate the licensee of Federal Energy
Regulatory Commission Project No. 2221 pursuant to paragraph
(3) using receipts collected from the sale of Federal power and
energy related services. Pursuant to paragraph (6),
Southwestern Power Administration will begin collecting
receipts in the Special Receipts and Disbursement account upon
the date of enactment of this paragraph. Payment to the
licensee of Federal Energy Regulatory Commission Project No.
2221 shall be paid as soon as adequate receipts are collected
in the Special Receipts and Disbursement Account to fully
compensate the licensee, and in accordance with paragraph (2),
such payment shall be considered non-reimbursable.'';
(3) by adding at the end of subsection (a) the following
new paragraph:
``(6) The Southwestern Power Administration shall
compensate the licensee of Federal Energy Regulatory Commission
Project No. 2221 in annual payments of not less than
$5,000,000, until the licensee of Federal Energy Regulatory
Commission Project No. 2221 is fully compensated pursuant to
paragraph (3). At the end of each fiscal year subsequent to
implementation, any remaining balance to be paid to the
licensee of Project No. 2221 shall accrue interest at the 30-
year U.S. Treasury bond rate in effect at the time of
implementation of the White River Minimum Flows project.'';
(4) by adding at the end of subsection (a) the following
new paragraph:
``(7) Establishment of special receipt and disbursement
accounts.--There is established in the Treasury of the United
States a special receipt account and corresponding disbursement
account to be made available to the Administrator of the
Southwestern Power Administration to disburse pre-collected
receipts from the sale of federal power and energy and related
services. The accounts are authorized for the following uses:
``(A) Collect and disburse receipts for purchase
power and wheeling expenses incurred by Southwestern
Power Administration to purchase replacement power and
energy as a result of implementation of the White River
Minimum Flows project.
``(B) Collect and disburse receipts related to
compensation of the licensee of Federal Energy
Regulatory Commission Project No. 2221.
``(C) Said special receipt and disbursement account
shall remain available for not more than 12 months
after the date of full compensation of the licensee of
Federal Energy Regulatory Commission Project No.
2221.''; and
(5) by adding at the end of subsection (a) the following
new paragraph:
``(8) Time of implementation.--For purposes of paragraphs
(3) and (4), `time of implementation' shall mean the
authorization of the special receipt account and corresponding
disbursement account described in paragraph (7).''.
TITLE II--DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $40,300,000, to remain available until expended, of
which $1,500,000 shall be deposited into the Utah Reclamation
Mitigation and Conservation Account for use by the Utah Reclamation
Mitigation and Conservation Commission. In addition, for necessary
expenses incurred in carrying out related responsibilities of the
Secretary of the Interior, $1,704,000, to remain available until
expended. For fiscal year 2010, the Commission may use an amount not to
exceed $1,500,000 for administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including 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, $910,247,000, to remain available until expended, of which
$53,240,000 shall be available for transfer to the Upper Colorado River
Basin Fund and $17,936,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund; of which such amounts as may be
necessary may be advanced to the Colorado River Dam Fund; of which not
more than $500,000 is for high priority projects which shall be carried
out by the Youth Conservation Corps, as authorized by section 106 of
Public Law 91-378 (16 U.S.C. 1706; popularly known as the Youth
Conservation Corps Act of 1970): Provided, That such transfers may be
increased or decreased within the overall appropriation under this
heading: Provided further, That of the total amount appropriated, the
amount for program activities that can be financed by the Reclamation
Fund or the Bureau of Reclamation special fee account established by
section 4(i) of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-6a(i)) shall be derived from that Fund or account: Provided
further, That funds contributed under the Act of March 4, 1921 (43
U.S.C. 395) are available until expended for the purposes for which
contributed: Provided further, That funds advanced under the Act of
January 12, 1927 (43 U.S.C. 397a) shall be credited to this account and
are available until expended for the same purposes as the sums
appropriated under this heading: Provided further, That 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 $4,000,000 of the funds
appropriated under this heading shall be deposited in the San Gabriel
Basin Restoration Fund established by section 110 of title I of
appendix D of Public Law 106-554: Provided further, That, except as
provided in section 201 of this Act, the amounts made available under
this paragraph shall be expended as authorized by law for the projects
and activities specified in the text and table under this heading in
the report of the Committee on Appropriations of the House of
Representatives to accompany this Act: Provided further, That
$5,000,000 of the funds appropriated under this heading shall be
available for the ``Power Program Services'' to implement the Bureau of
Reclamation's hydropower facilities installations identified under
section 1834 of the Energy Policy Act of 2005.
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, $35,358,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration Fund
pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law
102-575, to remain available until expended: Provided, That the Bureau
of Reclamation is directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by section
3407(d) of Public Law 102-575: Provided further, That none of the funds
made available under this heading may be used for the acquisition or
leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans
to be approved by the Secretary of the Interior, $31,000,000 (increased
by $10,000,000), 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, $61,200,000 (reduced by $10,000,000), to be
derived from the Reclamation Fund and be nonreimbursable as provided in
section 4(o) of the Act of December 5, 1924 (43 U.S.C. 377): Provided,
That no part of any other appropriation in this Act shall be available
for activities or functions budgeted as policy and administration
expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
the purchase of not more than seven passenger motor vehicles, which are
for replacement only.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 201. Reprogramming Restriction.--(a) None of the funds
provided in title II for Water and Related Resources 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 for any program, project, or activity
for which funds have been denied or restricted by this Act;
(4) reduces funds that are directed to be used for a
specific program, project, or activity by this Act;
(5) transfers funds in excess of the following limits:
(A) 15 percent for any program, project, or
activity for which $2,000,000 or more is available at
the beginning of the fiscal year; or
(B) $300,000 for any program, project, or activity
for which less than $2,000,000 is available at the
beginning of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category; or
(7) transfers, when necessary to discharge legal
obligations of the Bureau of Reclamation, more than $5,000,000
to provide adequate funds for settled contractor claims,
increased contractor earnings due to accelerated rates of
operations, and real estate deficiency judgments.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term ``transfer'' means any
movement of funds into or out of a program, project, or activity.
(d) The Bureau of Reclamation shall submit reports on a quarterly
basis to the Committees on Appropriations of the House of
Representatives and the Senate detailing all the funds reprogrammed
between programs, projects, activities, or categories of funding. The
first quarterly report shall be submitted not later than 60 days after
the date of enactment of this Act.
Sec. 202. San Luis Unit.--(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. 203. Central Valley Project.--Section 3405(a)(1)(M) of Public
Law 102-575 is amended--
(1) by striking ``countries'' and inserting ``counties'';
and
(2) by inserting ``a transfer between a San Joaquin River
Exchange Contractor and a Friant Division contractor, a
transfer between a San Joaquin River Exchange Contractor and a
south-of-Delta CVP agricultural water service contractor, and a
transfer between a Friant Division contractor and a south-of-
Delta CVP agricultural water service contractor,'' after
``under California law,''.
Sec. 204. Draft Recovery Plan.--The Secretary of the Interior,
acting through the Director of the Fish & Wildlife Service, is directed
to expeditiously revise, finalize, and implement the Draft Recovery
Plan for the Giant Garter Snake (Thamnophis gigas).
TITLE III--DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $2,250,000,000
(increased by $45,000,000) (increased by $5,000,000) (increased by
$10,000,000), to remain available until expended: Provided, That, of
the amount appropriated in this paragraph, $500,000 shall be for
research and development of novel hydrogen energy carriers that are
liquid at standard temperature and pressure and store hydrogen in bound
chemical states rather than as free molecules, to be awarded under full
and open competition: Provided further, That, of the amount
appropriated in this paragraph, $500,000 shall be for development of a
demonstration plant for the production of biodiesel fuels from crops
that, to the greatest extent possible, are cultivated on existing
cropland during off-season rotations and minimize land use per unit of
fuel energy produced, to be awarded under full and open competition:
Provided further, That, of the amount appropriated in this paragraph,
$3,000,000 shall be for development of a parking canopy facility with
solar photovoltaic roof panels for electricity generation to measure
the viability of using photovoltaic technologies in locations where
environmental and space limitations render conventional power
generation costly, to be awarded under full and open competition:
Provided further, That, of the amount appropriated in this paragraph,
$153,560,000 shall be used for the projects specified in the table that
appears under the heading ``Congressionally Directed Energy Efficiency
and Renewable Energy Projects'' in the report of the Committee on
Appropriations of the House of Representatives to accompany this Act.
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity delivery and energy reliability
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $208,008,000 (reduced
by $15,000,000), to remain available until expended: Provided, That, of
the amount appropriated in this paragraph, $7,600,000 shall be used for
the projects specified in the table that appears under the heading
``Congressionally Directed Electricity Delivery and Energy Reliability
Projects'' in the report of the Committee on Appropriations of the
House of Representatives to accompany this Act.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of not more than 36
passenger motor vehicles, including one ambulance, all for replacement
only, $812,000,000, to remain available until expended: Provided,
That, of the amount appropriated in this paragraph, $500,000 shall be
used for the 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 House of
Representatives to accompany this Act.
Fossil Energy Research and Development
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), 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), $617,565,000, to remain available
until expended: Provided, 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, pursuant to title IV of Public Law 109-58, 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
Act 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 funds
shall be expended in accordance with the provisions governing the use
of funds contained under the heading ``Clean Coal Technology'' in
Public Law 99-190 (42 U.S.C. 5903d): 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 funds available for the
Clean Coal Power Initiative may be used to support any technology
relating to carbon capture and storage or beneficial uses of carbon
dioxide, without regard to the 70 and 30 percent funding allocations
specified in section 402(b)(1)(A) and (2)(A) of the Energy Policy Act
of 2005 (42 U.S.C. 15962(b)(1)(A) and (2)(A)): Provided further, That,
of the amount appropriated in this paragraph, $750,000 shall be for
development of technologies for integration into gasification systems
for the low-cost production of synthesis gas, to be awarded under full
and open competition: Provided further, That, of the amount
appropriated in this paragraph, $500,000 shall be for development of
fuel cell technologies for conversion of commercially available fuels
and biofuels into electricity, to be awarded under full and open
competition: Provided further, That, of the amount appropriated in this
paragraph, $300,000 shall be for development of control technologies
for increased performance in synthesis gas combustion applications, to
be awarded under full and open competition: Provided further, That, of
the amount appropriated in this paragraph, $8,000,000 shall be used for
the projects specified in the table that appears under the heading
``Congressionally Directed Fossil Energy Research and Development
Projects'' in the report of the Committee on Appropriations of the
House of Representatives to accompany this Act.
Naval Petroleum and Oil Shale Reserves
For expenses necessary to carry out naval petroleum and oil shale
reserve activities, including the hire of passenger motor vehicles,
$23,627,000, to remain available until expended: Provided, That,
notwithstanding any other provision of law, unobligated funds remaining
from prior years shall be available for all naval petroleum and oil
shale reserve activities.
Strategic Petroleum Reserve
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities pursuant
to the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.),
$228,573,000, to remain available until expended.
Northeast Home Heating Oil Reserve
For necessary expenses for Northeast Home Heating Oil Reserve
storage, operation, and management activities pursuant to the Energy
Policy and Conservation Act (42 U.S.C. 6201 et seq.), $11,300,000, to
remain available until expended.
Energy Information Administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $121,858,000, 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, $237,517,000, to remain available until
expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For necessary expenses in carrying out uranium enrichment facility
decontamination and decommissioning, remedial actions, and other
activities under title II of the Atomic Energy Act of 1954, and title
X, subtitle A, of the Energy Policy Act of 1992, $559,377,000, to be
derived from the Uranium Enrichment Decontamination and Decommissioning
Fund, to remain available until expended.
Science
(including transfer of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 50 passenger motor vehicles
for replacement only, including one law enforcement vehicle, two
ambulances, and three buses, $4,943,587,000, to remain available until
expended: Provided, That $15,000,000 appropriated under this heading
under prior appropriation Acts for the Advanced Research Projects
Agency--Energy is hereby transferred to the ``Advanced Research
Projects Agency--Energy'' account: Provided further, That, of the
amount appropriated in this paragraph, $37,740,000 shall be used for
the projects specified in the table that appears under the heading
``Congressionally Directed Science Projects'' in the report of the
Committee on Appropriations of the House of Representatives to
accompany this Act.
Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
the Nuclear Waste Policy Act of 1982 (Public Law 97-425) (``NWPA''),
including the acquisition of real property or facility construction or
expansion, $98,400,000, 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 Office of the Attorney General of the State of Nevada
solely for expenditures, other than salaries and expenses of State
employees, to conduct scientific oversight responsibilities and
participate in licensing activities pursuant to the NWPA: Provided
further, That notwithstanding the lack of a written agreement with the
State of Nevada under section 117(c) of the NWPA, $1,000,000 shall be
provided to Nye County, Nevada, for on-site oversight activities under
section 117(d) of such 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 shall be made available to affected units of local
government in California with the balance made available to affected
units of local government in Nevada for distribution as determined by
the Nevada units of local government: Provided further, That this
funding shall be provided to affected units of local government, as
defined in the NWPA: 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: 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 Office of the Attorney General 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 Office of the Attorney General 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 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 funds
made available in this Act for Nuclear Waste Disposal, $5,000,000 shall
be provided to create a Blue Ribbon Commission to consider all
alternatives for nuclear waste disposal.
Title 17 Innovative Technology Loan Guarantee Program
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 prior Acts shall be collected in accordance with
section 502(7) of the Congressional Budget Act of 1974: Provided, That
for necessary administrative expenses to carry out this Loan Guarantee
program, $43,000,000 is appropriated, to remain available until
expended: Provided further, That $43,000,000 of the fees collected
pursuant to section 1702(h) of the Energy Policy Act of 2005 shall be
credited as offsetting collections to this account to cover
administrative expenses and shall remain available until expended, so
as to result in a final fiscal year 2010 appropriations from the
general fund estimated at not more than $0: Provided further, That fees
collected under section 1702(h) in excess of the amount appropriated
for administrative expenses shall not be available until appropriated.
Advanced Technology Vehicles Manufacturing Loans Program
For administrative expenses in carrying out the Advanced Technology
Vehicles Manufacturing Loans Program, $20,000,000, to remain available
until expended.
Departmental Administration
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, $289,684,000
(reduced by $30,000,000) (reduced by $5,000,000) (reduced by
$10,000,000), 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 $119,740,000 in fiscal year 2010 may be retained and used for
operating expenses within this account, and may remain available until
expended, as 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 2010, and any related
appropriated receipt account balances remaining from prior years'
miscellaneous revenues, so as to result in a final fiscal year 2010
appropriation from the general fund estimated at not more than
$169,944,000 (reduced by $30,000,000) (reduced by $5,000,000) (reduced
by $10,000,000).
Office of the Inspector General
For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$51,927,000, to remain available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
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, and the purchase of
not more than one ambulance; $6,320,000,000, to remain available until
expended: Provided, That, of the amount appropriated in this paragraph,
$3,000,000 shall be used for the projects specified under the heading
``Congressionally Directed Weapons Activities Projects'' in the report
of the Committee on Appropriations of the House of Representatives to
accompany this Act.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not more than one passenger motor vehicle for replacement only,
$1,471,175,000, to remain available until expended: Provided, That, of
the amount appropriated in this paragraph, $250,000 shall be used for
the projects specified under the heading ``Congressionally Directed
Defense Nuclear Nonproliferation Projects'' in the report of the
Committee on Appropriations of the House of Representatives to
accompany this Act.
Naval Reactors
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $1,003,133,000,
to remain available until expended.
Office of the Administrator
(including transfer of funds)
For necessary expenses of the Office of the Administrator in the
National Nuclear Security Administration, including official reception
and representation expenses not to exceed $12,000, $420,754,000, to
remain available until expended: Provided, That $10,000,000 previously
appropriated for cleanup efforts at Argonne National Lab shall be
transferred to ``Non-Defense Environmental Cleanup'': Provided further,
That, of the amount appropriated in this paragraph, $13,000,000 shall
be used for the projects specified in the table that appears under the
heading ``Congressionally Directed Office of the Administrator (NNSA)
Projects'' in the report of the Committee on Appropriations of the
House of Representatives to accompany this Act.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
(including transfer of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not more than four ambulances and three passenger motor vehicles for
replacement only, $5,381,842,000, to remain available until expended,
of which $463,000,000 shall be transferred to the ``Uranium Enrichment
Decontamination and Decommissioning Fund''.
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 more than 12 passenger motor
vehicles for replacement only, $1,518,002,000 (reduced by $2,500,000),
to remain available until expended: Provided, That, of the funds
provided herein, $504,238,000 is for project 99-D-143 Mixed Oxide Fuel
Fabrication Facility, Savannah River Site, South Carolina; $70,000,000
is for project 99-D-141-02 Waste Solidification Building, Savannah
River Site, South Carolina; $84,296,000 for MOX operations; and
$7,000,000 for WSB operation: Provided further, That the Department of
Energy shall adhere strictly to Department of Energy Order 413.3A for
Project 99-D-143: Provided further, That, of the amount appropriated in
this paragraph, $2,000,000 shall be used for the projects specified in
the table that appears under the heading ``Congressionally Directed
Other Defense Activities Projects'' in the report of the Committee on
Appropriations of the House of Representatives to accompany this Act.
Defense 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), including the
acquisition of real property or facility construction or expansion,
$98,400,000, to remain available until expended.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to the Federal Columbia River Transmission System
Act (Public Law 93-454), are approved for the Leaburg Fish Sorter, the
Okanogan Basin Locally Adapted Steelhead Supplementation Program, and
the Crystal Springs Hatchery Facilities, and, in addition, for official
reception and representation expenses in an amount not to exceed
$1,500. During fiscal year 2010, no new direct loan obligations may be
made from such Fund.
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy,
including transmission wheeling and ancillary services pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, $7,638,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302 and section 5
of the Flood Control Act of 1944 (16 U.S.C. 825s), up to $7,638,000
collected by the Southeastern Power Administration from the sale of
power and related services shall be credited to this account as
discretionary offsetting collections, to remain available until
expended for the sole purpose of funding the annual expenses of the
Southeastern Power Administration: Provided further, That the sum
herein appropriated for annual expenses shall be reduced as collections
are received during the fiscal year so as to result in a final fiscal
year 2010 appropriation estimated at not more than $0: Provided
further, That, notwithstanding 31 U.S.C. 3302, up to $70,806,000
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: Provided further, That
notwithstanding the provisions of 31 U.S.C. 3302 and section 5 of the
Flood Control Act of 1944 (16 U.S.C. 825s), all funds collected by the
Southeastern Power Administration that are applicable to the repayment
of the annual expenses of this account in this and subsequent fiscal
years shall be credited to this account as discretionary offsetting
collections for the sole purpose of funding such expenses, with such
funds remaining available until expended: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy, for
construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), as applied to the Southwestern Power
Administration, $44,944,000, to remain available until expended:
Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the
Flood Control Act of 1944 (16 U.S.C. 825s), up to $31,868,000 collected
by the Southwestern Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Southwestern Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2010 appropriation
estimated at not more than $13,076,000: Provided further, That,
notwithstanding 31 U.S.C. 3302, up to $38,000,000 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: Provided further, That notwithstanding 31 U.S.C. 3302 and
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), all funds
collected by the Southwestern Power Administration that are applicable
to the repayment of the annual expenses of this account in this and
subsequent fiscal years shall be credited to this account as
discretionary offsetting collections for the sole purpose of funding
such expenses, with such funds remaining available until expended:
Provided further, That for purposes of this appropriation, annual
expenses means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and wheeling
expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, including official reception and representation
expenses in an amount not to exceed $1,500; $256,711,000, to remain
available until expended, of which $245,216,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), and section 1 of the Interior Department
Appropriation Act, 1939 (43 U.S.C. 392a), up to $147,530,000 collected
by the Western Area Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2010 appropriation
estimated at not more than $109,181,000, of which $97,686,000 is
derived from the Reclamation Fund: Provided further, That of the amount
herein appropriated, $7,584,000 is for deposit into the Utah
Reclamation Mitigation and Conservation Account pursuant to title IV of
the Reclamation Projects Authorization and Adjustment Act of 1992:
Provided further, That notwithstanding 31 U.S.C. 3302, up to
$349,807,000 collected by the Western Area Power Administration
pursuant to the Flood Control Act of 1944 and the Reclamation Project
Act of 1939 (43 U.S.C. 485 et seq.) to recover purchase power and
wheeling expenses shall be credited to this account as offsetting
collections, to remain available until expended for the sole purpose of
making purchase power and wheeling expenditures: Provided further, That
of the amount herein appropriated, up to $18,612,000 is provided on a
nonreimbursable basis for environmental remediation at the Basic
Substation site in Henderson, Nevada: Provided further, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), and section 1 of the Interior Department
Appropriation Act, 1939 (43 U.S.C. 392a), funds collected by the
Western Area Power Administration from the sale of power and related
services that are applicable to the repayment of the annual expenses of
this account in this and subsequent fiscal years shall be credited to
this account as discretionary offsetting collections for the sole
purpose of funding such expenses, with such funds remaining available
until expended: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $2,568,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 2 of the Act of June 18, 1954
(43 U.S.C. 485g): Provided, That notwithstanding the provisions of such
Act and of 31 U.S.C. 3302, up to $2,348,000 collected by the Western
Area Power Administration from the sale of power and related services
from the Falcon and Amistad Dams shall be credited to this account as
discretionary offsetting collections, to remain available until
expended for the sole purpose of funding the annual expenses of the
hydroelectric facilities of these Dams and associated Western Area
Power Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2010 appropriation estimated at not more than $220,000: Provided
further, That notwithstanding the provisions of section 2 of the Act of
June 18, 1954 (43 U.S.C. 485g) and 31 U.S.C. 3302, all funds collected
by the Western Area Power Administration from the sale of power and
related services from the Falcon and Amistad Dams that are applicable
to the repayment of the annual expenses of the hydroelectric facilities
of these Dams and associated Western Area Power Administration
activities in this and subsequent fiscal years shall be credited to
this account as discretionary offsetting collections for the sole
purpose of funding such expenses, with such funds remaining available
until expended: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred.
Federal Energy Regulatory Commission
salaries and expenses
For necessary expenses of the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5
U.S.C. 3109, the hire of passenger motor vehicles, and official
reception and representation expenses not to exceed $3,000,
$298,000,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, not to exceed $298,000,000
of revenues from fees and annual charges and other services and
collections in fiscal year 2010 shall be retained and used for
necessary expenses in this account and shall remain available until
expended: Provided further, That the sum herein appropriated from the
general fund shall be reduced as revenues are received during fiscal
year 2010 so as to result in a final fiscal year 2010 appropriation
from the general fund estimated at not more than $0.
GENERAL PROVISIONS, DEPARTMENT OF ENERGY
Sec. 301. 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. 302. Department of Energy Defense Nuclear Facilities Workforce
Restructuring.--None of the funds appropriated by this Act may be
used--
(1) to augment the funds made available for obligation by
this Act for severance payments and other benefits and
community assistance grants under section 4604 of the Atomic
Energy Defense Act (50 U.S.C. 2704) unless the Department of
Energy submits a reprogramming request to the appropriate
congressional committees;
(2) to provide enhanced severance payments or other
benefits for employees of the Department of Energy under such
section; or
(3) to develop or implement a workforce restructuring plan
that covers employees of the Department of Energy.
Sec. 303. 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. 304. 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. 305. User Facilities.--(a) 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.
(b) 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.
(c) For purposes of this section, the term ``user facility''
includes--
(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. 306. 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 2010 until the enactment of
the Intelligence Authorization Act for fiscal year 2010.
Sec. 307. Laboratory Directed Research and Development.--Of the
funds made available by the Department of Energy for activities at
government-owned, contractor-operated laboratories funded in this Act,
the Secretary may authorize a specific amount, not to exceed 7 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 4 percent of such funds, to
be used by the plant manager of a covered nuclear weapons production
plant or the manager of the Nevada Site Office for plant or site
directed research and development.
Sec. 308. Limited Transfer Authority to Address Pension
Requirements.--(a) If the Secretary of Energy determines that
additional funds are needed to reimburse the costs of defined benefit
pension plans for contractor employees, the Secretary may transfer not
more than one percent from each appropriation made available in this
Act to any other appropriation available to the Secretary in the same
Act for such reimbursements.
(b) In carrying out a transfer under this section, the Secretary
shall use each appropriation made available to the Department in that
fiscal year as a source for the transfer and shall reduce each
appropriation by an equal percentage, except that appropriations for
which the Secretary determines there exists a need for additional funds
for pension plan costs in that fiscal year, as well as appropriations
made available for Naval Petroleum and Oil Shale Reserves, Strategic
Petroleum Reserve, Northeast Home Heating Oil Reserve, the Power
Marketing Administrations, the Energy Information Administration,
Uranium Enrichment Decontamination and Decommissioning Fund, Nuclear
Waste Disposal, Defense Nuclear Waste Disposal, and Office of the
Inspector General, shall not be subject to this requirement.
(c) This transfer authority is in addition to any other transfer
authority provided in this or any other Act.
(d) The Secretary shall notify the Committees on Appropriations of
the House of Representatives and the Senate in writing not less than 30
days in advance of each transfer authorized by this section.
Sec. 309. Congressional Notification Requirement.--None of the
funds made available by this Act may be used to make a grant
allocation, discretionary grant award, discretionary contract award, or
other transaction agreement or to issue a letter of intent totaling in
excess of $1,000,000, or to announce publicly the intention to make
such an allocation, award, or agreement or to issue such a letter,
including a contract covered by the Federal Acquisition Regulation,
unless the Secretary of Energy notifies the Committees on
Appropriations of the House of Representatives and the Senate at least
3 full business days in advance of making such an allocation, award, or
agreement or issuing such a letter: Provided, That if the Secretary of
Energy determines that compliance with this section would pose a
substantial risk to human life, health, or safety, an award may be made
without such notification, and the Committees on Appropriations of the
House of Representatives and the Senate shall be notified not later
than 5 full business days after such an allocation, award, or agreement
is made or letter issued.
Sec. 310. Wage Rate Requirements.--Section 1702 of the Energy
Policy Act of 2005 (42 U.S.C. 16512) is amended by adding at the end
the following new subsection:
``(k) Wage Rate Requirements.--All laborers and mechanics employed
by contractors and subcontractors in the performance of construction
work financed in whole or in part by a loan guaranteed under this title
shall be paid wages at rates not less than those prevailing on projects
of a character similar in the locality as determined by the Secretary
of Labor in accordance with subchapter IV of chapter 31 of title 40,
United States Code. With respect to the labor standards in this
subsection, the Secretary of Labor shall have the authority and
functions set forth in Reorganization Plan Numbered 14 of 1950 (64
Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States
Code.''.
Sec. 311. Bonneville Power Administration Fund.--(a) Subject to
subsection (b), no funds appropriated or otherwise made available by
this Act or any other Act may be used to record transactions relating
to the increase in borrowing authority or bonds outstanding at any time
under the Federal Columbia River Transmission System Act (16 U.S.C. 838
et seq.) referred to in section 401 of division A of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 140)
under a funding account, subaccount, or fund symbol other than the
Bonneville Power Administration Fund Treasury account fund symbol.
(b) Funds appropriated or otherwise made available by this Act or
any other Act may be used to ensure, for purposes of meeting applicable
reporting provisions of the American Recovery and Reinvestment Act of
2009 (Public Law 111-5; 123 Stat. 115), that the Bonneville Power
Administration uses a fund symbol other than the Bonneville Power
Administration Fund Treasury account fund symbol solely to report
accrued expenditures of projects attributed by the Administrator of the
Bonneville Power Administration to the increased borrowing authority.
(c) This section is effective for fiscal year 2010 and subsequent
fiscal years.
Sec. 312. Advanced Technology Vehicles Manufacturing Loans
Program.--(a) Ultra Efficient Vehicles.--Section 136 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17013) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``an ultra
efficient vehicle or'' after ``means''; and
(B) by adding at the end the following new
paragraph:
``(5) Ultra efficient vehicle.--The term `ultra efficient
vehicle' means a fully closed compartment vehicle designed to
carry at least 2 adult passengers that achieves--
``(A) at least 75 miles per gallon while operating
on gasoline or diesel fuel;
``(B) at least 75 miles per gallon equivalent while
operating as a hybrid electric-gasoline or electric-
diesel vehicle; or
``(C) at least 75 miles per gallon equivalent while
operating as a fully electric vehicle.'';
(2) in subsection (b)--
(A) by inserting ``, ultra efficient vehicle
manufacturers,'' after ``automobile manufacturers'';
(B) in paragraph (1)--
(i) by striking ``or'' at the end of
subparagraph (A);
(ii) by striking ``and'' at the end of
subparagraph (B) and inserting ``or''; and
(iii) by adding at the end the following
new subparagraph:
``(C) ultra efficient vehicles; and''; and
(C) in paragraph (2), by inserting ``, ultra
efficient vehicles,'' after ``qualifying vehicles'';
(3) in subsection (g), by inserting ``or are utilized
primarily for the manufacture of ultra efficient vehicles''
after ``20 years''; and
(4) in subsection (h)(1)(B), by striking ``automobiles''
the first place it appears and inserting ``ultra efficient
vehicles, automobiles,''.
(b) Reconsideration of Prior Applications.--The Secretary of Energy
shall reconsider applications for assistance under section 136 of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17013) that
were--
(1) timely filed under that section before January 1, 2009;
(2) rejected on the basis that the vehicles to which the
proposal related were not advanced technology vehicles; and
(3) related to ultra efficient vehicles.
TITLE IV--INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, 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,
$76,000,000, 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 section 1441 of Public Law 100-456, $26,086,000, to
remain available until expended.
Delta Regional Authority
salaries and expenses
For necessary expenses of the Delta Regional Authority and to carry
out its activities, as authorized by the Delta Regional Authority Act
of 2000, notwithstanding sections 382C(b)(2), 382F(d), 382M, and 382N
of such Act, $13,000,000, 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, $11,965,000, to remain available until
expended, notwithstanding the limitations contained in section 306(g)
of the Denali Commission Act of 1998.
Northern Border Regional Commission
For necessary expenses of the Northern Border Regional Commission
in carrying out activities authorized by 40 U.S.C. 15303(1), $500,000
(increased by $2,500,000), to remain available until expended.
Southeast Crescent Regional Commission
For necessary expenses of the Southeast Crescent Regional
Commission in carrying out activities authorized by 40 U.S.C. 15303(1),
$500,000, to remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
For necessary expenses of the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy
Act of 1954, including official representation expenses (not to exceed
$25,000), $1,061,000,000, to remain available until expended: Provided,
That of the amount appropriated herein, $56,000,000 shall be derived
from the Nuclear Waste Fund: Provided further, That revenues from
licensing fees, inspection services, and other services and collections
estimated at $878,102,000 in fiscal year 2010 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 2010 so
as to result in a final fiscal year 2010 appropriation estimated at not
more than $182,898,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$10,102,000, to remain available until September 30, 2011: Provided,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $9,092,000 in fiscal year 2010
shall be retained and be available until expended, for necessary
salaries and expenses in this account, notwithstanding 31 U.S.C. 3302:
Provided further, That the sum herein appropriated shall be reduced by
the amount of revenues received during fiscal year 2010 so as to result
in a final fiscal year 2010 appropriation estimated at not more than
$1,010,000.
Nuclear Waste Technical Review Board
salaries and expenses
For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by section 5051 of Public Law 100-203, $3,891,000, to be
derived from the Nuclear Waste Fund, and to remain available until
expended.
Office of the Federal Coordinator for Alaska Natural Gas Transportation
Projects
For necessary expenses for the Office of the Federal Coordinator
for Alaska Natural Gas Transportation Projects pursuant to the Alaska
Natural Gas Pipeline Act of 2004, $4,466,000: Provided, That any fees,
charges, or commissions received pursuant to section 802 of Public Law
110-140 in fiscal year 2010 in excess of $4,683,000 shall not be
available for obligation until appropriated in a subsequent Act of
Congress.
GENERAL PROVISIONS, INDEPENDENT AGENCIES
Sec. 401. Nuclear Regulatory Commission Reporting Requirement.--The
Nuclear Regulatory Commission shall, not later than 60 days after the
date of enactment of this Act, provide a report to the Committees on
Appropriations of the House of Representatives and the Senate
identifying barriers to and its recommendations for streamlining the
issuance of a Combined Construction and Operating License for qualified
new nuclear reactors.
TITLE V--GENERAL PROVISIONS
Sec. 501. Lobbying Restriction.--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. Delta Regional Authority.--Section 382B(c)(1) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa-1) is
amended to read as follows:
``(1) In general.--A decision by the Authority shall
require the affirmative vote of the Federal co-chairperson and
a majority of the State members (not including any member
representing a State that is delinquent under subsection
(g)(2)(C)) to be effective.''.
Sec. 503. Light Bulb Restriction.--None of the funds made available
in this Act may be used to purchase light bulbs unless the light bulbs
are ``Energy Star'' qualified or have the ``Federal Energy Management
Program'' designation.
Sec. 504. Passenger Motor Vehicles.--None of the funds made
available in this Act may be used to purchase passenger motor vehicles
other than those manufactured by Ford, General Motors, or Chrysler.
This Act may be cited as the ``Energy and Water Development and
Related Agencies Appropriations Act, 2010''.
Passed the House of Representatives July 17, 2009.
Attest:
Clerk.
111th CONGRESS
1st Session
H. R. 3183
_______________________________________________________________________
AN ACT
Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2010, and for other
purposes.