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:
<enum>I</enum><header>Corps of
engineers—civil</header>
<appropriations-major id="H6B2C8C09E7F24F2589F89F56C2AE68EB"><header>Department of the
army</header>
</appropriations-major><appropriations-intermediate id="ID024E9F344E8849109F02F696AE8AEAC0"><header>Corps of
engineers—civil</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-small id="ID34C581B1799F4D0A8E9AF1B2AD1969D2"><header>Investigations</header><text display-inline="no-display-inline">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: <italic>Provided</italic>,
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.</text>
</appropriations-small><appropriations-small id="H9B928B2D1CDE44D0B0D1AB2E6C8E8518"><header>Construction</header>
</appropriations-small><appropriations-small id="H912FDAAA5E2F46719F8407EE83394E27"><header>(including
transfers of funds)</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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:
<italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="H588C1FF170D043389020AD215C9C24A5"><header>Mississippi river and
tributaries</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-small id="H9127764AE3724DF29B3C65AF171E24D5"><header>Operation
and maintenance</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-small id="idC65137D9F43441E8B1DCC03D279E1BD3"><header>Regulatory
program</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H4139A9DA48C24E2A9A7D31A7A9BC1E26"><header>Formerly
utilized sites remedial action program</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="idB72E207546FE44D8AA84BB01D6783A31"><header>Expenses</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, That no part of
any other appropriation in this title shall be available to fund the above
activities: <italic>Provided further</italic>, That any unobligated balances
from prior appropriation Acts for <quote>Flood Control and Coastal
Emergencies</quote> 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: <italic>Provided
further</italic>, 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:
<italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="id5988DBBA5E374B1CBCA54278D26DD9FD"><header>Office of
assistant secretary of the army (civil works)</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="idFDB43AF1B4DB4822A6693E44C1F8245A"><header>Administrative
provision</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-major id="HF62DF714D8004830843067D65FFEB5D9"><header>General
provisions, corps of engineers—civil</header>
</appropriations-major><section id="H87FBD00190134B83ADB683410FA8DF9D"><enum>101.</enum><header>Reprogramming
restriction</header><subsection commented="no" display-inline="yes-display-inline" id="H7E7EEB4EA28C4EA4841F1CA15C68E872"><enum>(a)</enum><text display-inline="yes-display-inline">None of the funds provided in this title
shall be available for obligation or expenditure through a reprogramming of
funds that—</text>
<paragraph id="HC346C92BAF034E8AA277917C61A0E8D8"><enum>(1)</enum><text>creates or
initiates a new program, project, or activity;</text>
</paragraph><paragraph id="H97111332DB0B4996AA77EBC6B06CC4E5"><enum>(2)</enum><text>eliminates a
program, project, or activity;</text>
</paragraph><paragraph id="HEC54A11F31FF4237A2323340737D7AEF"><enum>(3)</enum><text display-inline="yes-display-inline">increases funds or personnel for any
program, project, or activity for which funds are denied or restricted by this
Act;</text>
</paragraph><paragraph id="H84D159A448864B8A84283F325524EED9"><enum>(4)</enum><text display-inline="yes-display-inline">reduces funds that are directed to be used
for a specific program, project, or activity by this Act;</text>
</paragraph><paragraph id="H6598B8C173374B178B9CA292F735AA6D"><enum>(5)</enum><text display-inline="yes-display-inline">increases funds for any program, project,
or activity by more than $2,000,000 or 10 percent, whichever is less; or</text>
</paragraph><paragraph id="HE7F8546C42C443B4816870CFDEB54175"><enum>(6)</enum><text display-inline="yes-display-inline">reduces funds for any program, project, or
activity by more than $2,000,000 or 10 percent, whichever is less.</text>
</paragraph></subsection><subsection id="HEA0565281D3C45FFB7F9767ED8974B2D"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="H545A47D621CB454DBAD70A2095B2E6EE"><enum>(c)</enum><text>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.</text>
</subsection></section><section id="ID09833B0F5BC44017AF1E45F8A3A16FCF"><enum>102.</enum><header>Competitive
sourcing</header><text>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.</text>
</section><section id="ID873E31024453420CAE404E8149B703A5"><enum>103.</enum><header>Contract
modification</header><text>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.</text>
</section><section id="ID3A879B3F0FB743D88E879C3E56521CAC"><enum>104.</enum><header>Inland
Waterways Trust Fund</header><text>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.</text>
</section><section id="H9F8675BDFF764D0593FEEA58C8493EC6"><enum>105.</enum><header>Two Harbors,
Minnesota</header><text display-inline="yes-display-inline">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.</text>
</section><section id="H854B319DB0C842E2B8D86E2254D4B214"><enum>106.</enum><header>Northern
Wisconsin</header><text display-inline="yes-display-inline">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
<quote>$40,000,000</quote> and inserting <quote>$60,000,000</quote>.</text>
</section><section id="H33B142F9FC3346DD9E3D9612095A9798"><enum>107.</enum><header>Martin,
Kentucky</header><text display-inline="yes-display-inline">The Secretary is
directed to use such funds as are necessary, from amounts made available in
this Act under the heading <quote>Construction</quote>, 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.</text>
</section><section id="HB24E24D0FBD94A5D8B87325703687F0C"><enum>108.</enum><header>White River
Minimum Flow, Arkansas</header><text display-inline="yes-display-inline">Section 132 of the Energy and Water
Development Appropriations Act of 2006 (119 Stat 2261) is amended—</text>
<paragraph id="HAB4623B2C80343B294C58940A5AC33D4"><enum>(1)</enum><text display-inline="yes-display-inline">in subsection (a)(3), by striking “Corps of
Engineers” and inserting “Southwestern Power Administration”;</text>
</paragraph><paragraph id="H38F9D3DFED894A2491B39D5196A8AED7"><enum>(2)</enum><text display-inline="yes-display-inline">by adding at the end of subsection (a) the
following new paragraph:</text>
<quoted-block display-inline="no-display-inline" id="HC5860388F3504EA989044120C3C33671" style="OLC">
<paragraph id="H22D018DF577B48C1A06390EFB5810B4A"><enum>(5)</enum><header>Payment to
non-federal licensee</header><text display-inline="yes-display-inline">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.</text>
</paragraph><after-quoted-block>;</after-quoted-block></quoted-block>
</paragraph><paragraph id="H8CF1F7DDBF5043BEAE407EA5C4A1A92B"><enum>(3)</enum><text display-inline="yes-display-inline">by adding at the end of subsection (a) the
following new paragraph:</text>
<quoted-block display-inline="no-display-inline" id="H50F9AF651A9C4310AE8CF9C83EB63DA9" style="OLC">
<paragraph id="H710FD0F09A0244399C318D2C8F37C560"><enum>(6)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><after-quoted-block>;</after-quoted-block></quoted-block>
</paragraph><paragraph id="HE04C5C632C7448CCAB340A4C47F6CAD3"><enum>(4)</enum><text display-inline="yes-display-inline">by adding at the end of subsection (a) the
following new paragraph:</text>
<quoted-block display-inline="no-display-inline" id="HC7565BA6D05F4976BF130F7E27D0A26D" style="OLC">
<paragraph id="H03C0B1892AE043B58054A982361DC197"><enum>(7)</enum><header>Establishment of
special receipt and disbursement accounts</header><text display-inline="yes-display-inline">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:</text>
<subparagraph id="H237E4DD8DD3C4C1E80921F1A22DB2E7B"><enum>(A)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph><subparagraph id="H4624687AE6FB4F96AD601D39C615BE42"><enum>(B)</enum><text display-inline="yes-display-inline">Collect and disburse receipts related to
compensation of the licensee of Federal Energy Regulatory Commission Project
No. 2221.</text>
</subparagraph><subparagraph id="HD9572C5A6FA145138B970A90F94918FF"><enum>(C)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph><after-quoted-block>;
and</after-quoted-block></quoted-block>
</paragraph><paragraph id="H3CAE5EA03669479E8D6CA283C71C8AF9"><enum>(5)</enum><text display-inline="yes-display-inline">by adding at the end of subsection (a) the
following new paragraph:</text>
<quoted-block display-inline="no-display-inline" id="H6D5697E2BAFE49E79B57F115530C3ECF" style="OLC">
<paragraph id="H071A1E84D79349ED86ACD04FB5D3E972"><enum>(8)</enum><header>Time of
implementation</header><text display-inline="yes-display-inline">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).</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></section><enum>II</enum><header>Department of
the interior</header>
<appropriations-intermediate id="IDF1FC8500CCA44AF2982B212A9B18C51E"><header>Central utah
project</header>
</appropriations-intermediate><appropriations-small id="IDE4706A1979884C08B86B6DE7507D56B7"><header>Central
utah project completion account</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="H54122977153246F593F9AE9F2B9493A0"><header>Bureau of
reclamation</header><text display-inline="no-display-inline">The following
appropriations shall be expended to execute authorized functions of the Bureau
of Reclamation:</text>
</appropriations-intermediate><appropriations-small id="H63D6E698251241789C4D0AD0D71F0612"><header>Water and
related resources</header>
</appropriations-small><appropriations-small id="H01423A134D9B4080B028BDB146FE08C7"><header>(including
transfers of funds)</header><text display-inline="no-display-inline">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): <italic>Provided</italic>, That such transfers may be
increased or decreased within the overall appropriation under this heading:
<italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, 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:
<italic>Provided further</italic>, 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: <italic>Provided
further</italic>, 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: <italic>Provided
further</italic>, 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: <italic>Provided further</italic>, That
$5,000,000 of the funds appropriated under this heading shall be available for
the <quote>Power Program Services</quote> to implement the Bureau of
Reclamation’s hydropower facilities installations identified under section 1834
of the Energy Policy Act of 2005.</text>
</appropriations-small><appropriations-small id="H9DC61FAC83544461A34E25887C4F412C"><header>Central
valley project restoration fund</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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: <italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="H80DAB0FC7133434BB965F75E2DD0AB81"><header>California
bay-delta restoration</header>
</appropriations-small><appropriations-small id="H14313C3800FB47F6B72B104B1EEA3E1F"><header>(including
transfers of funds)</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, That funds appropriated herein may be used for the
Federal share of the costs of CALFED Program management: <italic>Provided
further</italic>, 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: <italic>Provided
further</italic>, 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.</text>
</appropriations-small><appropriations-small id="H8D5E9E5289EA44279FFFB2453F99E49A"><header>Policy and
administration</header>
</appropriations-small><appropriations-small id="H434C3990E618498AA6C2B98557DC819B"><text display-inline="no-display-inline">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): <italic>Provided</italic>,
That no part of any other appropriation in this Act shall be available for
activities or functions budgeted as policy and administration
expenses.</text>
</appropriations-small><appropriations-small id="HC86E5978EAC8459CAAB7273D2CBE4232"><header>Administrative
provision</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-major id="H86C98AEFC3BD45E986F891523143B5D7"><header>General
provisions, department of the interior</header>
</appropriations-major><section id="H9877C6066B49401A8ED6E6068214EE0C"><enum>201.</enum><header>Reprogramming
restriction</header><subsection commented="no" display-inline="yes-display-inline" id="H28FE27CBAB8D4F77BA15D0C04F6BFB61"><enum>(a)</enum><text display-inline="yes-display-inline">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—</text>
<paragraph id="H913EEEB5414F46719912F1D79E3BEEE0"><enum>(1)</enum><text>creates or
initiates a new program, project, or activity;</text>
</paragraph><paragraph id="HEB8BA07BB178455BAAAFEAFDF91D7756"><enum>(2)</enum><text>eliminates a
program, project, or activity;</text>
</paragraph><paragraph id="HBB8495284476400397EF93D9CC1295B6"><enum>(3)</enum><text>increases funds
for any program, project, or activity for which funds have been denied or
restricted by this Act;</text>
</paragraph><paragraph id="H89CB8E5288BB401D83B840D3F8EA63B3"><enum>(4)</enum><text>reduces funds that
are directed to be used for a specific program, project, or activity by this
Act;</text>
</paragraph><paragraph id="HF4224D4C646E4C4FA8F83989BC5DB4A9"><enum>(5)</enum><text>transfers funds in
excess of the following limits:</text>
<subparagraph id="H1EB0BA83E01C4B7AB763E57A345637EA"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph id="HEA5C8E03DB0B4145B44C125461331EFB"><enum>(B)</enum><text>$300,000 for any
program, project, or activity for which less than $2,000,000 is available at
the beginning of the fiscal year;</text>
</subparagraph></paragraph><paragraph id="HB509FB5C042A4CA787C1E2522B67E545"><enum>(6)</enum><text>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</text>
</paragraph><paragraph id="HA3E5EE2D56914799A0319C36E315FE24"><enum>(7)</enum><text>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.</text>
</paragraph></subsection><subsection id="H755936CDDF634E2ABA177EDC2F015256"><enum>(b)</enum><text>Subsection (a)(5)
shall not apply to any transfer of funds within the Facilities Operation,
Maintenance, and Rehabilitation category.</text>
</subsection><subsection id="HD8C82EE42EE645688F655A9394541566"><enum>(c)</enum><text display-inline="yes-display-inline">For purposes of this section, the term
<quote>transfer</quote> means any movement of funds into or out of a program,
project, or activity.</text>
</subsection><subsection id="H9374338362CA4FE4B429C195F3E266CC"><enum>(d)</enum><text>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.</text>
</subsection></section><section id="H1173D4FC09DD4E699E3B2CDEB2C7D59E"><enum>202.</enum><header>San Luis
Unit</header><subsection commented="no" display-inline="yes-display-inline" id="HDC6B6D46382140A2B8FF01417DCD17C7"><enum>(a)</enum><text>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.</text>
</subsection><subsection id="H6A95D0E25A8B4800B376EB3491ECA353"><enum>(b)</enum><text>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 <quote>Cleanup Program-Alternative Repayment Plan</quote> and the
<quote>SJVDP-Alternative Repayment Plan</quote> described in the report
entitled <quote>Repayment Report, Kesterson Reservoir Cleanup Program and San
Joaquin Valley Drainage Program, February 1995</quote>, 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.</text>
</subsection></section><section display-inline="no-display-inline" id="H812D469CC0424E9DB3FC966104307012" section-type="subsequent-section"><enum>203.</enum><header>Central Valley
Project</header><text display-inline="yes-display-inline">Section 3405(a)(1)(M)
of Public Law 102–575 is amended—</text>
<paragraph id="H2DD63D9807964ECAB1216A2D53C3F865"><enum>(1)</enum><text>by striking
<quote>countries</quote> and inserting <quote>counties</quote>; and</text>
</paragraph><paragraph id="H7B1B4ED9510E446DA1A76EB095FB8D4C"><enum>(2)</enum><text display-inline="yes-display-inline">by inserting <quote>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,</quote> after <quote>under California law,</quote>.</text>
</paragraph></section><section id="H9BF5DD205DDB4911BBAC5F42E8C279A3"><enum>204.</enum><header>Draft Recovery
Plan</header><text display-inline="yes-display-inline">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).</text>
</section><enum>III</enum><header>Department of
energy</header>
<appropriations-major id="H32A358DA747843089D61592D10B1D29E"><header>Energy
programs</header>
</appropriations-major><appropriations-intermediate id="H48D57BA833314B87A37592DCE6D203BE"><header>Energy efficiency and renewable
energy</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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: <italic>Provided
further</italic>, 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:<italic> Provided further</italic>, 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:
<italic>Provided further</italic>, 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 <quote>Congressionally Directed Energy
Efficiency and Renewable Energy Projects</quote> in the report of the Committee
on Appropriations of the House of Representatives to accompany this
Act.</text>
</appropriations-intermediate><appropriations-intermediate id="HCBF086631005468EB375BC17E03C2EF4"><header>Electricity delivery and energy
reliability</header><text display-inline="no-display-inline">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: <italic>Provided</italic>,
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
<quote>Congressionally Directed Electricity Delivery and Energy Reliability
Projects</quote> in the report of the Committee on Appropriations of the House
of Representatives to accompany this Act.</text>
</appropriations-intermediate><appropriations-intermediate id="HB67D308D7A7540D79ED583DB273966DF"><header>Nuclear energy</header><text display-inline="no-display-inline">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:<italic> Provided</italic>, 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 <quote>Congressionally Directed Nuclear Energy
Projects</quote> in the report of the Committee on Appropriations of the House
of Representatives to accompany this Act.</text>
</appropriations-intermediate><appropriations-intermediate id="H59D9877F36F64CFEB0AF9E221FD68144"><header>Fossil energy research and
development</header>
</appropriations-intermediate><appropriations-small id="HD9A07533452F47E191EAD7B3774ED527"><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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: <italic>Provided
further</italic>, That no Clean Coal Power Initiative project may be selected
for which full funding is not available to provide for the total project:
<italic>Provided further</italic>, 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: <italic>Provided further</italic>,
That the Secretary may not delegate this responsibility for applications
greater than $10,000,000: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, That funds shall be expended in
accordance with the provisions governing the use of funds contained under the
heading <quote>Clean Coal Technology</quote> in Public Law 99–190 (42 U.S.C.
5903d): <italic>Provided further</italic>, 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: <italic>Provided further</italic>,
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)):<italic> Provided further</italic>, 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:<italic> Provided further</italic>, 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: <italic>Provided
further</italic>, 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: <italic>Provided further</italic>, 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 <quote>Congressionally
Directed Fossil Energy Research and Development Projects</quote> in the report
of the Committee on Appropriations of the House of Representatives to accompany
this Act.</text>
</appropriations-small><appropriations-intermediate id="H6BD16C833F45451C88C08D13EAC51A40"><header>Naval petroleum and oil shale
reserves</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H91EB58137DD24F01A3C73146EAA37C09"><header>Strategic petroleum
reserve</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="HE5D721C6A55441C6AD8042D0A660DDC3"><header>Northeast home heating oil
reserve</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="H2994895B7CD84F178818DF77EBA5C8EE"><header>Energy information
administration</header><text display-inline="no-display-inline">For necessary
expenses in carrying out the activities of the Energy Information
Administration, $121,858,000, to remain available until
expended.</text>
</appropriations-intermediate><appropriations-intermediate id="H77B8BCBF3241453081273314BB5A1577"><header>Non-defense environmental
cleanup</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="H489A9EFD8D9D4DB4BE182A5F3836B729"><header>Uranium enrichment
decontamination and decommissioning fund</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="HC496346F6A0E472797274F2770749572"><header>Science</header>
</appropriations-intermediate><appropriations-small id="H8A1647712E204A9EACB0DE6E1920C455"><header>(including
transfer of funds)</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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: <italic>Provided</italic><italic>further</italic>,
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
<quote>Congressionally Directed Science Projects</quote> in the report of the
Committee on Appropriations of the House of Representatives to accompany this
Act.</text>
</appropriations-small><appropriations-intermediate id="H82C71FBD08C74E46A6018A2BC5BA40AE"><header>Nuclear waste
disposal</header><text display-inline="no-display-inline">For nuclear waste
disposal activities to carry out the purposes of the Nuclear Waste Policy Act
of 1982 (Public Law 97–425) (<quote>NWPA</quote>), 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:
<italic>Provided</italic>, 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:
<italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, That this
funding shall be provided to affected units of local government, as defined in
the NWPA: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, That failure to provide such
certification shall cause such entity to be prohibited from any further funding
provided for similar activities: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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:
<italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H5E564BB1D40E4AD48E6D53515CCC34B0"><header>Title 17 innovative technology
loan guarantee program</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, That for necessary
administrative expenses to carry out this Loan Guarantee program, $43,000,000
is appropriated, to remain available until expended: <italic>Provided
further</italic>, 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:
<italic>Provided further</italic>, That fees collected under section 1702(h) in
excess of the amount appropriated for administrative expenses shall not be
available until appropriated.</text>
</appropriations-intermediate><appropriations-intermediate id="H26F791C3CBF243A59977D504DB88DAEB"><header>Advanced technology vehicles
manufacturing loans program </header><text display-inline="no-display-inline">For administrative expenses in carrying out
the Advanced Technology Vehicles Manufacturing Loans Program, $20,000,000, to
remain available until expended.</text>
</appropriations-intermediate><appropriations-intermediate id="H7A9BC60E66934586A2502C460C2BB133"><header>Departmental
administration</header><text display-inline="no-display-inline">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.): <italic>Provided</italic>, That such increases in cost of work
are offset by revenue increases of the same or greater amount, to remain
available until expended: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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).</text>
</appropriations-intermediate><appropriations-intermediate id="H393DC6F6D9434D0F8A23418B341436E8"><header>Office of the inspector
general</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-major id="HE3B9A4F3A76645EE83D298E2362AA599"><header>Atomic
energy defense activities</header>
</appropriations-major><appropriations-major id="HDBBD055C5E064C7BA7E2A99386094DFD"><header>National
nuclear security administration</header>
</appropriations-major><appropriations-intermediate id="HD0F2AA74B97F4C9081800DA2820EB98A"><header>Weapons activities</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, That, of the amount appropriated in this paragraph,
$3,000,000 shall be used for the projects specified under the heading
<quote>Congressionally Directed Weapons Activities Projects</quote> in the
report of the Committee on Appropriations of the House of Representatives to
accompany this Act.</text>
</appropriations-intermediate><appropriations-intermediate id="H2F3615CEEBD84494800439148661127E"><header>Defense nuclear
nonproliferation</header><text display-inline="no-display-inline">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: <italic>Provided</italic>,
That, of the amount appropriated in this paragraph, $250,000 shall be used for
the projects specified under the heading <quote>Congressionally Directed
Defense Nuclear Nonproliferation Projects</quote> in the report of the
Committee on Appropriations of the House of Representatives to accompany this
Act.</text>
</appropriations-intermediate><appropriations-intermediate id="H192D54482F4247F5BD88D34FA9233869"><header>Naval reactors</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="H85CC2BD16F79412DB2D0870053763E43"><header>Office of the
administrator</header>
</appropriations-intermediate><appropriations-small id="HBC02BCD2B8334F3585248B221DEC20DA"><header>(including
transfer of funds)</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, That $10,000,000 previously appropriated
for cleanup efforts at Argonne National Lab shall be transferred to
“Non-Defense Environmental Cleanup”:
<italic>Provided</italic><italic>further</italic>, 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 <quote>Congressionally
Directed Office of the Administrator (NNSA) Projects</quote> in the report of
the Committee on Appropriations of the House of Representatives to accompany
this Act.</text>
</appropriations-small><appropriations-major id="H67E3421A907E4A4B99AD6D8FBD5F8B04"><header>Environmental and other defense
activities</header>
</appropriations-major><appropriations-intermediate id="H117EADE71B514B33B13889E0B7ECCBE1"><header>Defense environmental
cleanup</header>
</appropriations-intermediate><appropriations-small id="H901D879EE93F4DE2B3B0BA3E5229C20D"><header>(including
transfer of funds)</header><text display-inline="no-display-inline">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 <quote>Uranium Enrichment
Decontamination and Decommissioning Fund</quote>.</text>
</appropriations-small><appropriations-intermediate id="HC546F470101C45388879E43556C76A44"><header>Other defense
activities</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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: <italic>Provided
further</italic>, That the Department of Energy shall adhere strictly to
Department of Energy Order 413.3A for Project 99–D–143:
<italic>Provided</italic><italic>further</italic>, 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 <quote>Congressionally
Directed Other Defense Activities Projects</quote> in the report of the
Committee on Appropriations of the House of Representatives to accompany this
Act.</text>
</appropriations-intermediate><appropriations-intermediate id="H1D14DA6E10A34FC786F4745C465492AF"><header>Defense nuclear waste
disposal</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-major id="H72449E9778784308A37918AD8D750B2D"><header>Power
marketing administrations</header>
</appropriations-major><appropriations-intermediate id="H9F72EE72F77F49B69A3EB30250DF9B54"><header>Bonneville power administration
fund</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="HCDE0959F7DBB477E8390DB4FF8C5336E"><header>Operation and maintenance,
southeastern power administration</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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: <italic>Provided
further</italic>, 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:
<italic>Provided</italic><italic>further</italic>, 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: <italic>Provided further</italic>,
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: <italic>Provided further</italic>, 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).</text>
</appropriations-intermediate><appropriations-intermediate id="H4DD9BDDE7D6B46C5AD77BE7DABD1BF66"><header>Operation and maintenance,
southwestern power administration</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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: <italic>Provided further</italic>, 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:
<italic>Provided</italic><italic>further</italic>, 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: <italic>Provided further</italic>,
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:
<italic>Provided further</italic>, 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).</text>
</appropriations-intermediate><appropriations-intermediate id="H40D51005947A40BB9ECB40EA1A6C8A8E"><header>Construction, rehabilitation,
operation and maintenance, western area power administration</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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: <italic>Provided further</italic>, 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:
<italic>Provided</italic><italic>further</italic>, 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: <italic>Provided further</italic>,
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: <italic>Provided further</italic>,
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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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).</text>
</appropriations-intermediate><appropriations-intermediate id="H1ACD6696F2C746A6891589AB94787B89"><header>Falcon and amistad operating and
maintenance fund</header><text display-inline="no-display-inline">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): <italic>Provided</italic>, 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:
<italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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:
<italic>Provided further</italic>, That for purposes of this appropriation,
annual expenses means expenditures that are generally recovered in the same
year that they are incurred.</text>
</appropriations-intermediate><appropriations-intermediate id="H0EDD2166BABD4E389F4FDCA541A1AAED"><header>Federal energy regulatory
commission</header>
</appropriations-intermediate><appropriations-small id="HE40142472CBF4D9FBF9B1294D897F8A1"><header>Salaries
and expenses</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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:
<italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-major id="HBAB4876F563F4F5F8CF3CE0123F0C789"><header>General
provisions, department of energy</header>
</appropriations-major><section id="ID5EEF75EBD8F84A7FA91E9C73B4669A93"><enum>301.</enum><header>Unfunded
requests for proposals</header><text>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.</text>
</section><section id="IDEF9DCDF344534A099F45D989E3B34DB4"><enum>302.</enum><header>Department of
Energy defense nuclear facilities workforce restructuring</header><text>None of
the funds appropriated by this Act may be used—</text>
<paragraph id="H2F7C54A89416415089D14F7A9AB633EF"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph id="H9DA9C531B47C45ED9B3F6A5631550983"><enum>(2)</enum><text>to provide
enhanced severance payments or other benefits for employees of the Department
of Energy under such section; or</text>
</paragraph><paragraph id="H3A5561F6F2874CDF94C0835BE744BC8F"><enum>(3)</enum><text>to develop or
implement a workforce restructuring plan that covers employees of the
Department of Energy.</text>
</paragraph></section><section id="HAD4D89FD329048DBAF1130CAF934A1DF"><enum>303.</enum><header>Unexpended
balances</header><text>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.</text>
</section><section id="HEC99CD4A010943DCB16AE94C2F2253DB"><enum>304.</enum><header>Bonneville
Power Authority service territory</header><text>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.</text>
</section><section id="H32415F1573924B679850EFBCA41C0B17"><enum>305.</enum><header>User
facilities</header><subsection commented="no" display-inline="yes-display-inline" id="H3B784135176F494787E5D9C1C46A2B57"><enum>(a)</enum><text>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.</text>
</subsection><subsection id="HE6F28FDF1B53436D8F726C081BD0CE1C"><enum>(b)</enum><text>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.</text>
</subsection><subsection id="HD5B105640BF94A8B9309F22B259B5815"><enum>(c)</enum><text>For purposes of
this section, the term <quote>user facility</quote> includes—</text>
<paragraph id="H3211184ADF6F4A7982B9C293C5296071"><enum>(1)</enum><text>a
user facility as described in section 2203(a)(2) of the Energy Policy Act of
1992 (42 U.S.C. 13503(a)(2));</text>
</paragraph><paragraph id="H9294E3E83F4D44EEA65A2386EDF2000F"><enum>(2)</enum><text>a
National Nuclear Security Administration Defense Programs Technology Deployment
Center/User Facility; and</text>
</paragraph><paragraph id="H40DED29AAF8441CAA8E5166D1982199F"><enum>(3)</enum><text>any other
Departmental facility designated by the Department as a user facility.</text>
</paragraph></subsection></section><section id="H0D28910F32B74FC59676CA30FA660D59"><enum>306.</enum><header>Intelligence
activities</header><text>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.</text>
</section><section id="H210FCB404DDA4B84854D1F1A941AC31E"><enum>307.</enum><header>Laboratory
directed research and development</header><text display-inline="yes-display-inline">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: <italic>Provided</italic>, 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.</text>
</section><section display-inline="no-display-inline" id="HF95DCCB9BEFF42F18FC4AFD49A64722F"><enum>308.</enum><header>Limited
transfer authority to address pension requirements</header><subsection commented="no" display-inline="yes-display-inline" id="H5C867FA0BCFC49F58AB16607EE79A6D0"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="H39A23508B7F64AC39A5F17EC417F73E0"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="HF5B9861AC6554EECB0E2249CEA3E18D8"><enum>(c)</enum><text display-inline="yes-display-inline">This transfer authority is in addition to
any other transfer authority provided in this or any other Act.</text>
</subsection><subsection id="HD31149A33A924ED8AE565A04D7E7E9E3"><enum>(d)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section id="H15B3CBCC5D80429F9EEB1F2B788FDD0C"><enum>309.</enum><header>Congressional
notification requirement</header><text display-inline="yes-display-inline">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: <italic>Provided</italic>, 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.</text>
</section><section id="H40858EF63346438EB0F19F2EA72A61E3"><enum>310.</enum><header>Wage rate
requirements</header><text display-inline="yes-display-inline">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:</text>
<quoted-block display-inline="no-display-inline" id="H620138E9C3F84F69BBE0E00E0BE83AAF" style="OLC">
<subsection id="HFCC5116C453C47C6B795A2FCDF2C1493"><enum>(k)</enum><header>Wage Rate
Requirements</header><text display-inline="yes-display-inline">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.</text>
</subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</section><section display-inline="no-display-inline" id="HDA897A47806C4DDBAD4296CE35AB83A0"><enum>311.</enum><header>Bonneville
Power Administration Fund</header><subsection commented="no" display-inline="yes-display-inline" id="H4E65A0C55CAF40A4B33CA2208CBDF0D2"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="H392AB3F1D15A4D22B04491FFBC9F50E2"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="HDFB95E7FC01F49A19C0A4121CEB417FA"><enum>(c)</enum><text>This section is
effective for fiscal year 2010 and subsequent fiscal years.</text>
</subsection></section><section display-inline="no-display-inline" id="H0B37379A51114A67BBA317FA0FF8FCFE" section-type="subsequent-section"><enum>312.</enum><header>Advanced Technology
Vehicles Manufacturing Loans Program</header><subsection commented="no" display-inline="yes-display-inline" id="HCC62A1A4AC2348AE8D1A4217ECE494E4"><enum>(a)</enum><header>Ultra efficient
vehicles</header><text>Section 136 of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17013) is amended—</text>
<paragraph id="H78F26584EA1940A4992751B1B6C458EE"><enum>(1)</enum><text>in subsection
(a)—</text>
<subparagraph id="HB3A52C88ED0344D3979BF43EB2136C4F"><enum>(A)</enum><text>in paragraph (1),
by inserting <quote>an ultra efficient vehicle or</quote> after
<quote>means</quote>; and</text>
</subparagraph><subparagraph id="H38EC8C4CFFD14AA0BDC094FECC9C105E"><enum>(B)</enum><text>by adding at the
end the following new paragraph:</text>
<quoted-block id="HB0AAF450020A425294D901E1FDAC583F" style="OLC">
<paragraph id="H9894347C23374EB496C16EF0B4E9164F"><enum>(5)</enum><header>Ultra efficient
vehicle</header><text>The term <quote>ultra efficient vehicle</quote> means a
fully closed compartment vehicle designed to carry at least 2 adult passengers
that achieves—</text>
<subparagraph id="H65401181865B43049B1A8A2800954AAB"><enum>(A)</enum><text>at least 75 miles
per gallon while operating on gasoline or diesel fuel;</text>
</subparagraph><subparagraph id="H81176F5F2C1D4CE39C4023379DDF3B9E"><enum>(B)</enum><text>at least 75 miles
per gallon equivalent while operating as a hybrid electric-gasoline or
electric-diesel vehicle; or</text>
</subparagraph><subparagraph id="H97CAA4A9EB394D75BBB76C8D606C4EE0"><enum>(C)</enum><text>at least 75 miles
per gallon equivalent while operating as a fully electric
vehicle.</text>
</subparagraph></paragraph><after-quoted-block>;</after-quoted-block></quoted-block>
</subparagraph></paragraph><paragraph id="HB5A405E2DD134BA188890686334521B6"><enum>(2)</enum><text>in subsection
(b)—</text>
<subparagraph id="H6FBAB94B9ECF489E9877DDCC1B348B8A"><enum>(A)</enum><text>by inserting
<quote>, ultra efficient vehicle manufacturers,</quote> after <quote>automobile
manufacturers</quote>;</text>
</subparagraph><subparagraph id="H4169EDE85CBD4C44AFFA8E2755020E07"><enum>(B)</enum><text>in paragraph
(1)—</text>
<clause id="HA46D7522E45E493493B3CB62196B2AF6"><enum>(i)</enum><text>by
striking <quote>or</quote> at the end of subparagraph (A);</text>
</clause><clause id="H12B62D8BB88E4F488C243D009CE71EB0"><enum>(ii)</enum><text>by
striking <quote>and</quote> at the end of subparagraph (B) and inserting
<quote>or</quote>; and</text>
</clause><clause id="H667F8D14E87A488199815BFD3C69FFF4"><enum>(iii)</enum><text>by
adding at the end the following new subparagraph:</text>
<quoted-block id="HFA7ED97707C744D691A108DE4835ED32" style="OLC">
<subparagraph id="H749D1D2D3A95498EAE2FACDCD424035F"><enum>(C)</enum><text>ultra efficient
vehicles; and</text>
</subparagraph><after-quoted-block>;
and</after-quoted-block></quoted-block>
</clause></subparagraph><subparagraph id="HBD941D4D92F54A4188E6523A5D3373C5"><enum>(C)</enum><text>in paragraph (2),
by inserting <quote>, ultra efficient vehicles,</quote> after <quote>qualifying
vehicles</quote>;</text>
</subparagraph></paragraph><paragraph id="H40EABA9B958C4035A0799E5DCAAE7620"><enum>(3)</enum><text>in subsection (g),
by inserting <quote>or are utilized primarily for the manufacture of ultra
efficient vehicles</quote> after <quote>20 years</quote>; and</text>
</paragraph><paragraph id="H7502949AF4D44C819C49E25EEF07473C"><enum>(4)</enum><text>in subsection
(h)(1)(B), by striking <quote>automobiles</quote> the first place it appears
and inserting <quote>ultra efficient vehicles, automobiles,</quote>.</text>
</paragraph></subsection><subsection id="H966AF4864D2E4682B46F73B288E63E48"><enum>(b)</enum><header>Reconsideration
of prior applications</header><text>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—</text>
<paragraph id="H1F82F2325A7C4A3BA4CC4BF143348896"><enum>(1)</enum><text>timely filed under
that section before January 1, 2009;</text>
</paragraph><paragraph id="HB1F52F180D3C43C8A90F876E5B6F959F"><enum>(2)</enum><text>rejected on the
basis that the vehicles to which the proposal related were not advanced
technology vehicles; and</text>
</paragraph><paragraph id="H30FD86BACE8448A7BF4EC13C6E7C6992"><enum>(3)</enum><text>related to ultra
efficient vehicles.</text>
</paragraph></subsection></section><enum>IV</enum><header>Independent
agencies</header>
<appropriations-intermediate id="H28E964339B824B0BB65C6DB83BD9C40D"><header>Appalachian regional
commission</header><text display-inline="no-display-inline">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: <italic>Provided</italic>,
That any congressionally directed spending shall be taken from within that
State’s allocation in the fiscal year in which it is
provided.</text>
</appropriations-intermediate><appropriations-intermediate id="H2297CA73572B4D4F9D4C28A14C2A2A5E"><header>Defense nuclear facilities
safety board</header>
</appropriations-intermediate><appropriations-small id="HEA19730540FF4B33929ED6E90B064EE6"><header>Salaries
and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="H380C7E1AE28D4C7FB260DA7CAAF9B5B6"><header>Delta regional
authority</header>
</appropriations-intermediate><appropriations-small id="H01AEF330C8C14552A82A668C4F2475D1"><header>Salaries
and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="H69A953799C4E44A7A7B41F33A8341D67"><header>Denali commission</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="HC91187D044E34337AD0A7228B91B1B62"><header>Northern Border Regional
Commission</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="H8B1951B801EC487489B3557E6979B295"><header>Southeast Crescent Regional
Commission</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="H362205D9C7B44A37AAC6652871CB7F9D"><header>Nuclear regulatory
commission</header>
</appropriations-intermediate><appropriations-small id="H1C288A45A9E24B73B34752BA83110106"><header>Salaries
and expenses</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, That of the amount
appropriated herein, $56,000,000 shall be derived from the Nuclear Waste Fund:
<italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="HD98B3FDEBB2E4120B36B4E34C601399C"><header>Office of
inspector general</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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: <italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-intermediate id="HB2AAC70058D14430987B0236C688A883"><header>Nuclear waste technical review
board</header>
</appropriations-intermediate><appropriations-small id="H3E76A635B28843169A7ED0CF5D830E09"><header>Salaries
and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="HEC82FDEDC45640DD94A2B0161BEA6345"><header>Office of the federal
coordinator for alaska natural gas transportation projects</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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.</text>
</appropriations-intermediate><appropriations-major id="H280B51A5B59442C7A07E55EE242F45FF"><header>General
provisions, independent agencies</header>
</appropriations-major><section id="HA7FB5FC51E1B471AB12A099F32960716"><enum>401.</enum><header>Nuclear
Regulatory Commission Reporting Requirement</header><text display-inline="yes-display-inline">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.</text>
</section><enum>V</enum><header>General
provisions</header>
<section id="ID2AAC33A1C65345E38FDFA1CC317BDA7E"><enum>501.</enum><header>Lobbying
restriction</header><text>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.</text>
</section><section id="H8ED8DE3B72EB4200A447D6245F406688"><enum>502.</enum><header>Delta Regional
Authority</header><text display-inline="yes-display-inline">Section 382B(c)(1)
of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa-1) is
amended to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="H5B91643AF9CD4DA3845C8D9A0123418A" style="OLC">
<paragraph id="H474381474E0C4F3CA6456FE4C28E3399"><enum>(1)</enum><header>In
General</header><text display-inline="yes-display-inline">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.</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</section><section id="H1BB24D61257A4DBF93821C7F36EE1303"><enum>503.</enum><header>Light Bulb
Restriction</header><text display-inline="yes-display-inline">None of the funds
made available in this Act may be used to purchase light bulbs unless the light
bulbs are <quote>Energy Star</quote> qualified or have the <quote>Federal
Energy Management Program</quote> designation.</text>
</section><section id="H67CEF739FD854EC8BC65FE39AD7BF065"><enum>504.</enum><header>Passenger Motor
Vehicles</header><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="H3D67309F85524ADB8BDCA8426A7ED863"><text display-inline="no-display-inline">This Act may be cited as the
<quote><short-title>Energy and Water Development and
Related Agencies Appropriations Act,
2010</short-title></quote>.</text>
</appropriations-small></section>
Passed the House of
Representatives July 17, 2009.
Lorraine C. Miller,
Clerk.
July 20, 2009
Received; read twice and placed on the
calendar