[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3183 Reported in House (RH)]

                                                 Union Calendar No. 110
111th CONGRESS
  1st Session
                                H. R. 3183

                          [Report No. 111-203]

  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2010, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2009

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

_______________________________________________________________________

                                 A BILL


 
  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2010, and for other 
                               purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for energy and water development and related agencies for 
the fiscal year ending September 30, 2010, and for other purposes, 
namely:

                   TITLE I--CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--civil

    The following appropriations shall be expended under the direction 
of the Secretary of the Army and the supervision of the Chief of 
Engineers for authorized civil functions of the Department of the Army 
pertaining to rivers and harbors, flood and storm damage reduction, 
shore protection, aquatic ecosystem restoration, and related efforts.

                             investigations

    For expenses necessary when authorized by law for the collection 
and study of basic information pertaining to river and harbor, flood 
and storm damage reduction, shore protection, aquatic ecosystem 
restoration, and related needs; for surveys and detailed studies and 
plans and specifications of proposed river and harbor, flood and storm 
damage reduction, shore protection, and aquatic ecosystem restoration 
projects and related efforts prior to construction; for restudy of 
authorized projects; and for miscellaneous investigations and, when 
authorized by law, surveys and detailed studies and plans and 
specifications of projects prior to construction, $142,000,000, to 
remain available until expended: Provided, That, except as provided in 
section 101, the amounts made available under this paragraph shall be 
expended as authorized by law for the projects and activities specified 
in the text and table under this heading in the report of the Committee 
on Appropriations of the House of Representatives to accompany this 
Act.

                              construction

                     (including transfers of funds)

    For expenses necessary for the construction of river and harbor, 
flood and storm damage reduction, shore protection, aquatic ecosystem 
restoration, and related projects authorized by law; for conducting 
detailed studies and plans and specifications of such projects 
(including those involving participation by States, local governments, 
or private groups) authorized or made eligible for selection by law 
(but such detailed studies and plans and specifications shall not 
constitute a commitment of the Government to construction), 
$2,122,679,000, to remain available until expended; of which such sums 
as are necessary to cover the Federal share of construction costs for 
facilities under the Dredged Material Disposal Facilities program shall 
be derived from the Harbor Maintenance Trust Fund as authorized by the 
Water Resources Development Act of 1996 (Public Law 104-303); and of 
which such sums as are necessary to cover one-half of the costs of 
construction, replacement, rehabilitation, and expansion of inland 
waterways projects shall be derived from the Inland Waterways Trust 
Fund: Provided, That $1,500,000 of the funds appropriated under this 
heading in title I of division C of the Omnibus Appropriations Act, 
2009 (Pub. L. 111-8; 123 Stat. 601-609) is transferred to the 
Investigations account and, in addition to funds appropriated by this 
Act, applied toward the cost of carrying out the Seven Oaks Water 
Conservation Study, California: Provided further, That, except as 
provided in section 101, the amounts made available under this 
paragraph shall be expended as authorized by law for the projects and 
activities specified in the text and table under this heading in the 
report of the Committee on Appropriations of the House of 
Representatives to accompany this Act.

                   mississippi river and tributaries

    For expenses necessary for flood damage reduction projects and 
related efforts in the Mississippi River alluvial valley below Cape 
Girardeau, Missouri, as authorized by law, $251,375,000, to remain 
available until expended, of which such sums as are necessary to cover 
the Federal share of eligible operation and maintenance costs for 
inland harbors shall be derived from the Harbor Maintenance Trust Fund: 
Provided, That, except as provided in section 101, the amounts made 
available under this paragraph shall be expended as authorized by law 
for the projects and activities specified in the text and table under 
this heading in the report of the Committee on Appropriations of the 
House of Representatives to accompany this Act.

                       operation and maintenance

    For expenses necessary for the operation, maintenance, and care of 
existing river and harbor, flood and storm damage reduction, aquatic 
ecosystem restoration, and related projects authorized by law; 
providing security for infrastructure owned or operated by the Corps, 
including administrative buildings and laboratories; maintaining harbor 
channels provided by a State, municipality, or other public agency that 
serve essential navigation needs of general commerce, when authorized 
by law; surveying and charting northern and northwestern lakes and 
connecting waters; clearing and straightening channels; and removing 
obstructions to navigation, $2,510,971,000, to remain available until 
expended, of which such sums as are necessary to cover the Federal 
share of eligible operation and maintenance costs for coastal harbors 
and channels and for inland harbors shall be derived from the Harbor 
Maintenance Trust Fund; of which such sums as become available from the 
special account for the Corps established by the Land and Water 
Conservation Act of 1965 (16 U.S.C. 460l-6a(i)) shall be derived from 
that account for resource protection, research, interpretation, and 
maintenance activities related to resource protection in the areas at 
which outdoor recreation is available; and of which such sums as become 
available from fees collected under section 217 of the Water Resources 
Development Act of 1996 (Public Law 104-303) shall be used to cover the 
cost of operation and maintenance of the dredged material disposal 
facilities for which such fees have been collected: Provided, That, 
except as provided in section 101, the amounts made available under 
this paragraph shall be expended as authorized by law for the projects 
and activities specified in the text and table under this heading in 
the report of the Committee on Appropriations of the House of 
Representatives to accompany this Act.

                           regulatory program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $190,000,000, to remain 
available until expended.

            formerly utilized sites remedial action program

    For expenses necessary to clean up contamination from sites in the 
United States resulting from work performed as part of the Nation's 
early atomic energy program, $134,000,000, to remain available until 
expended.

                                expenses

    For expenses necessary for the supervision and general 
administration of the civil works program in the headquarters of the 
Corps and the offices of the Division Engineers; and for the management 
and operation of the Humphreys Engineer Center Support Activity, the 
Institute for Water Resources, the Engineer Research and Development 
Center, and the Corps Finance Center, $184,000,000, to remain available 
until expended, of which not more than $5,000 may be used for official 
reception and representation purposes and only during the current 
fiscal year: Provided, That no part of any other appropriation in this 
title shall be available to fund the above activities: Provided 
further, That any unobligated balances from prior appropriation Acts 
for ``Flood Control and Coastal Emergencies'' may be used to fund the 
supervision and general administration of emergency operations, 
repairs, and other activities in response to any flood, hurricane, or 
other natural disaster: Provided further, That upon submission to the 
Congress of the fiscal year 2011 President's budget, the Chief of 
Engineers shall transmit to Congress the annual congressional budget 
justifications for fiscal year 2011: Provided further, That the amount 
herein appropriated shall be reduced by $100,000 per day for each day 
after initial submission of the President's budget that the report has 
not been submitted to the Congress.

        office of assistant secretary of the army (civil works)

    For the Office of Assistant Secretary of the Army (Civil Works) as 
authorized by 10 U.S.C. 3016(b)(3), $6,000,000, to remain available 
until expended.

                        administrative provision

    The Revolving Fund, Corps of Engineers, shall be available during 
the current fiscal year for purchase (not to exceed 100 for replacement 
only) and hire of passenger motor vehicles for the civil works program.

             GENERAL PROVISIONS, CORPS OF ENGINEERS--CIVIL

    Sec. 101. Reprogramming Restriction.--(a) None of the funds 
provided in this title shall be available for obligation or expenditure 
through a reprogramming of funds that--
            (1) creates or initiates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel for any program, project, 
        or activity for which funds are denied or restricted by this 
        Act;
            (4) reduces funds that are directed to be used for a 
        specific program, project, or activity by this Act;
            (5) increases funds for any program, project, or activity 
        by more than $2,000,000 or 10 percent, whichever is less; or
            (6) reduces funds for any program, project, or activity by 
        more than $2,000,000 or 10 percent, whichever is less.
    (b) Subsection (a)(1) shall not apply to any project or activity 
authorized under section 205 of the Flood Control Act of 1948, section 
14 of the Flood Control Act of 1946, section 208 of the Flood Control 
Act of 1954, section 107 of the River and Harbor Act of 1960, section 
103 of the River and Harbor Act of 1962, section 111 of the River and 
Harbor Act of 1968, section 1135 of the Water Resources Development Act 
of 1986, section 206 of the Water Resources Act of 1996, or section 204 
of the Water Resources Act of 1992.
    (c) The Army Corps of Engineers shall submit reports on a quarterly 
basis to the Committees on Appropriations of the House of 
Representatives and the Senate detailing all the funds reprogrammed 
between programs, projects, activities, or categories of funding. The 
first quarterly report shall be submitted not later than 60 days after 
the date of enactment of this Act.
    Sec. 102. Competitive Sourcing.--None of the funds in this Act, or 
previous Acts making funds available for Energy and Water Development, 
shall be used to implement any pending or future competitive sourcing 
actions under OMB Circular A-76 or High Performing Organizations for 
the Army Corps of Engineers.
    Sec. 103. Contract Modification.--None of the funds made available 
in this title may be used to award or modify any contract that commits 
funds beyond the amounts appropriated for that program, project, or 
activity that remain unobligated, except that such amounts may include 
any funds that have been made available through reprogramming pursuant 
to section 101.
    Sec. 104. Inland Waterways Trust Fund.--None of the funds in this 
Act, or previous Acts making funds available for Energy and Water 
Development, shall be used to award any continuing contract that 
commits additional funding from the Inland Waterways Trust Fund unless 
or until such time that a long-term mechanism to enhance revenues in 
the Fund sufficient to meet the cost-sharing authorized in the Water 
Resources Development Act of 1986 (Public Law 99-662) is enacted.
    Sec. 105. Two Harbors, Minnesota.--The project for navigation, Two 
Harbors, Minnesota, being carried out under section 107 of the River 
and Harbor Act of 1960 (33 U.S.C. 577), and modified by section 3101 of 
the Water Resources Development Act of 2007 (121 Stat. 1133), is 
further modified to direct the Secretary to credit, in accordance with 
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), 
toward the non-Federal share of the project the cost of planning, 
design, and construction work carried out by the non-Federal interest 
for the project before the date of execution of a partnership agreement 
for the project.
    Sec. 106. Northern Wisconsin.--Section 154(h) of title I of 
division B of the Miscellaneous Appropriations Act, 2001 (114 Stat. 
2763A-254) (as enacted into law by Public Law 106-554) is amended by 
striking ``$40,000,000'' and inserting ``$60,000,000''.
    Sec. 107. Martin, Kentucky.--The Secretary is directed to use such 
funds as are necessary, from amounts made available in this Act under 
the heading ``Construction'', to expedite acquisition of those 
properties located in the vicinity of Martin, Kentucky, that were 
damaged by the floodwaters in the May 2009 flood event and that fall 
within Phases 3 and 4 of the mandatory and voluntary acquisition 
elements identified in Plan A of the Chief of Engineers, Town of Martin 
Nonstructural Project Detailed Project Report, Appendix T, Section 202 
General Plan, dated March 2000.
    Sec. 108. White River Minimum Flow, Arkansas.--Section 132 of the 
Energy and Water Development Appropriations Act of 2006 (119 Stat 2261) 
is amended--
            (1) in subsection (a)(3), by striking ``Corps of 
        Engineers'' and inserting ``Southwestern Power 
        Administration'';
            (2) by adding at the end of subsection (a) the following 
        new paragraph:
            ``(5) Payment to non-federal licensee.--Southwestern Power 
        Administration shall compensate the licensee of Federal Energy 
        Regulatory Commission Project No. 2221 pursuant to paragraph 
        (3) using receipts collected from the sale of Federal power and 
        energy related services. Pursuant to paragraph (6), 
        Southwestern Power Administration will begin collecting 
        receipts in the Special Receipts and Disbursement account upon 
        the date of enactment of this paragraph. Payment to the 
        licensee of Federal Energy Regulatory Commission Project No. 
        2221 shall be paid as soon as adequate receipts are collected 
        in the Special Receipts and Disbursement Account to fully 
        compensate the licensee, and in accordance with paragraph (2), 
        such payment shall be considered non-reimbursable.'';
            (3) by adding at the end of subsection (a) the following 
        new paragraph:
            ``(6) The Southwestern Power Administration shall 
        compensate the licensee of Federal Energy Regulatory Commission 
        Project No. 2221 in annual payments of not less than 
        $5,000,000, until the licensee of Federal Energy Regulatory 
        Commission Project No. 2221 is fully compensated pursuant to 
        paragraph (3). At the end of each fiscal year subsequent to 
        implementation, any remaining balance to be paid to the 
        licensee of Project No. 2221 shall accrue interest at the 30-
        year U.S. Treasury bond rate in effect at the time of 
        implementation of the White River Minimum Flows project.'';
            (4) by adding at the end of subsection (a) the following 
        new paragraph:
            ``(7) Establishment of special receipt and disbursement 
        accounts.--There is established in the Treasury of the United 
        States a special receipt account and corresponding disbursement 
        account to be made available to the Administrator of the 
        Southwestern Power Administration to disburse pre-collected 
        receipts from the sale of federal power and energy and related 
        services. The accounts are authorized for the following uses:
                    ``(A) Collect and disburse receipts for purchase 
                power and wheeling expenses incurred by Southwestern 
                Power Administration to purchase replacement power and 
                energy as a result of implementation of the White River 
                Minimum Flows project.
                    ``(B) Collect and disburse receipts related to 
                compensation of the licensee of Federal Energy 
                Regulatory Commission Project No. 2221.
                    ``(C) Said special receipt and disbursement account 
                shall remain available for not more than 12 months 
                after the date of full compensation of the licensee of 
                Federal Energy Regulatory Commission Project No. 
                2221.''; and
            (5) by adding at the end of subsection (a) the following 
        new paragraph:
            ``(8) Time of implementation.--For purposes of paragraphs 
        (3) and (4), `time of implementation' shall mean the 
        authorization of the special receipt account and corresponding 
        disbursement account described in paragraph (7).''.

                  TITLE II--DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                central utah project completion account

    For carrying out activities authorized by the Central Utah Project 
Completion Act, $40,300,000, to remain available until expended, of 
which $1,500,000 shall be deposited into the Utah Reclamation 
Mitigation and Conservation Account for use by the Utah Reclamation 
Mitigation and Conservation Commission. In addition, for necessary 
expenses incurred in carrying out related responsibilities of the 
Secretary of the Interior, $1,704,000, to remain available until 
expended. For fiscal year 2010, the Commission may use an amount not to 
exceed $1,500,000 for administrative expenses.

                         Bureau of Reclamation

    The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation:

                      water and related resources

                     (including transfers of funds)

    For management, development, and restoration of water and related 
natural resources and for related activities, including the operation, 
maintenance, and rehabilitation of reclamation and other facilities, 
participation in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and other agreements 
with, State and local governments, federally recognized Indian tribes, 
and others, $910,247,000, to remain available until expended, of which 
$53,240,000 shall be available for transfer to the Upper Colorado River 
Basin Fund and $17,936,000 shall be available for transfer to the Lower 
Colorado River Basin Development Fund; of which such amounts as may be 
necessary may be advanced to the Colorado River Dam Fund; of which not 
more than $500,000 is for high priority projects which shall be carried 
out by the Youth Conservation Corps, as authorized by section 106 of 
Public Law 91-378 (16 U.S.C. 1706; popularly known as the Youth 
Conservation Corps Act of 1970): Provided, That such transfers may be 
increased or decreased within the overall appropriation under this 
heading: Provided further, That of the total amount appropriated, the 
amount for program activities that can be financed by the Reclamation 
Fund or the Bureau of Reclamation special fee account established by 
section 4(i) of the Land and Water Conservation Fund Act of 1965 (16 
U.S.C. 460l-6a(i)) shall be derived from that Fund or account: Provided 
further, That funds contributed under the Act of March 4, 1921 (43 
U.S.C. 395) are available until expended for the purposes for which 
contributed: Provided further, That funds advanced under the Act of 
January 12, 1927 (43 U.S.C. 397a) shall be credited to this account and 
are available until expended for the same purposes as the sums 
appropriated under this heading: Provided further, That funds available 
for expenditure for the Departmental Irrigation Drainage Program may be 
expended by the Bureau of Reclamation for site remediation on a 
nonreimbursable basis: Provided further, That $4,000,000 of the funds 
appropriated under this heading shall be deposited in the San Gabriel 
Basin Restoration Fund established by section 110 of title I of 
appendix D of Public Law 106-554: Provided further, That, except as 
provided in section 201 of this Act, the amounts made available under 
this paragraph shall be expended as authorized by law for the projects 
and activities specified in the text and table under this heading in 
the report of the Committee on Appropriations of the House of 
Representatives to accompany this Act.

                central valley project restoration fund

    For carrying out the programs, projects, plans, habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, $35,358,000, to be derived from such 
sums as may be collected in the Central Valley Project Restoration Fund 
pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 
102-575, to remain available until expended: Provided, That the Bureau 
of Reclamation is directed to assess and collect the full amount of the 
additional mitigation and restoration payments authorized by section 
3407(d) of Public Law 102-575: Provided further, That none of the funds 
made available under this heading may be used for the acquisition or 
leasing of water for in-stream purposes if the water is already 
committed to in-stream purposes by a court adopted decree or order.

                    california bay-delta restoration

                     (including transfers of funds)

    For carrying out activities authorized by the Water Supply, 
Reliability, and Environmental Improvement Act, consistent with plans 
to be approved by the Secretary of the Interior, $31,000,000, to remain 
available until expended, of which such amounts as may be necessary to 
carry out such activities may be transferred to appropriate accounts of 
other participating Federal agencies to carry out authorized purposes: 
Provided, That funds appropriated herein may be used for the Federal 
share of the costs of CALFED Program management: Provided further, That 
the use of any funds provided to the California Bay-Delta Authority for 
program-wide management and oversight activities shall be subject to 
the approval of the Secretary of the Interior: Provided further, That 
CALFED implementation shall be carried out in a balanced manner with 
clear performance measures demonstrating concurrent progress in 
achieving the goals and objectives of the Program.

                       policy and administration

    For necessary expenses of policy, administration, and related 
functions in the Office of the Commissioner, the Denver office, and 
offices in the five regions of the Bureau of Reclamation, to remain 
available until expended, $61,200,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in section 4(o) of 
the Act of December 5, 1924 (43 U.S.C. 377): Provided, That no part of 
any other appropriation in this Act shall be available for activities 
or functions budgeted as policy and administration expenses.

                        administrative provision

    Appropriations for the Bureau of Reclamation shall be available for 
the purchase of not more than seven passenger motor vehicles, which are 
for replacement only.

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

    Sec. 201. Reprogramming Restriction.--(a) None of the funds 
provided in title II for Water and Related Resources shall be available 
for obligation or expenditure through a reprogramming of funds that--
    (1) creates or initiates a new program, project, or activity;
    (2) eliminates a program, project, or activity;
    (3) increases funds for any program, project, or activity for which 
funds have been denied or restricted by this Act;
    (4) reduces funds that are directed to be used for a specific 
program, project, or activity by this Act;
    (5) transfers funds in excess of the following limits:
            (A) 15 percent for any program, project, or activity for 
        which $2,000,000 or more is available at the beginning of the 
        fiscal year; or
            (B) $300,000 for any program, project, or activity for 
        which less than $2,000,000 is available at the beginning of the 
        fiscal year;
    (6) transfers more than $500,000 from either the Facilities 
Operation, Maintenance, and Rehabilitation category or the Resources 
Management and Development category to any program, project, or 
activity in the other category; or
    (7) transfers, when necessary to discharge legal obligations of the 
Bureau of Reclamation, more than $5,000,000 to provide adequate funds 
for settled contractor claims, increased contractor earnings due to 
accelerated rates of operations, and real estate deficiency judgments.
    (b) Subsection (a)(5) shall not apply to any transfer of funds 
within the Facilities Operation, Maintenance, and Rehabilitation 
category.
    (c) For purposes of this section, the term ``transfer'' means any 
movement of funds into or out of a program, project, or activity.
    (d) The Bureau of Reclamation shall submit reports on a quarterly 
basis to the Committees on Appropriations of the House of 
Representatives and the Senate detailing all the funds reprogrammed 
between programs, projects, activities, or categories of funding. The 
first quarterly report shall be submitted not later than 60 days after 
the date of enactment of this Act.
    Sec. 202. San Luis Unit.--(a) None of the funds appropriated or 
otherwise made available by this Act may be used to determine the final 
point of discharge for the interceptor drain for the San Luis Unit 
until development by the Secretary of the Interior and the State of 
California of a plan, which shall conform to the water quality 
standards of the State of California as approved by the Administrator 
of the Environmental Protection Agency, to minimize any detrimental 
effect of the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program and the 
costs of the San Joaquin Valley Drainage Program shall be classified by 
the Secretary of the Interior as reimbursable or nonreimbursable and 
collected until fully repaid pursuant to the ``Cleanup Program-
Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment 
Plan'' described in the report entitled ``Repayment Report, Kesterson 
Reservoir Cleanup Program and San Joaquin Valley Drainage Program, 
February 1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United States 
relating to, or providing for, drainage service or drainage studies for 
the San Luis Unit shall be fully reimbursable by San Luis Unit 
beneficiaries of such service or studies pursuant to Federal 
reclamation law.

                    TITLE III--DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for energy efficiency and renewable energy 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $2,250,000,000, to 
remain available until expended: Provided, That, of the amount 
appropriated in this paragraph, $500,000 shall be for research and 
development of novel hydrogen energy carriers that are liquid at 
standard temperature and pressure and store hydrogen in bound chemical 
states rather than as free molecules, to be awarded under full and open 
competition: Provided further, That, of the amount appropriated in this 
paragraph, $500,000 shall be for development of a demonstration plant 
for the production of biodiesel fuels from crops that, to the greatest 
extent possible, are cultivated on existing cropland during off-season 
rotations and minimize land use per unit of fuel energy produced, to be 
awarded under full and open competition:  Provided further, That, of 
the amount appropriated in this paragraph, $3,000,000 shall be for 
development of a parking canopy facility with solar photovoltaic roof 
panels for electricity generation to measure the viability of using 
photovoltaic technologies in locations where environmental and space 
limitations render conventional power generation costly, to be awarded 
under full and open competition: Provided further, That, of the amount 
appropriated in this paragraph, $153,560,000 shall be used for the 
projects specified in the table that appears under the heading 
``Congressionally Directed Energy Efficiency and Renewable Energy 
Projects'' in the report of the Committee on Appropriations of the 
House of Representatives to accompany this Act.

              Electricity Delivery and Energy Reliability

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for electricity delivery and energy reliability 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $208,008,000, to 
remain available until expended: Provided, That, of the amount 
appropriated in this paragraph, $7,600,000 shall be used for the 
projects specified in the table that appears under the heading 
``Congressionally Directed Electricity Delivery and Energy Reliability 
Projects'' in the report of the Committee on Appropriations of the 
House of Representatives to accompany this Act.

                             Nuclear Energy

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for nuclear energy activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 
et seq.), including the acquisition or condemnation of any real 
property or any facility or for plant or facility acquisition, 
construction, or expansion, and the purchase of not more than 36 
passenger motor vehicles, including one ambulance, all for replacement 
only, $812,000,000, to remain available until expended:  Provided, 
That, of the amount appropriated in this paragraph, $500,000 shall be 
used for the projects specified in the table that appears under the 
heading ``Congressionally Directed Nuclear Energy Projects'' in the 
report of the Committee on Appropriations of the House of 
Representatives to accompany this Act.

                 Fossil Energy Research and Development

    For necessary expenses in carrying out fossil energy research and 
development activities, under the authority of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition of 
interest, including defeasible and equitable interests in any real 
property or any facility or for plant or facility acquisition or 
expansion, and for conducting inquiries, technological investigations, 
and research concerning the extraction, processing, use, and disposal 
of mineral substances without objectionable social and environmental 
costs (30 U.S.C. 3, 1602, and 1603), $617,565,000, to remain available 
until expended: Provided, That funds appropriated for prior 
solicitations under the Clean Coal Technology Program, Power Plant 
Improvement Initiative, Clean Coal Power Initiative, and FutureGen, but 
not required by the Department to meet its obligations on projects 
selected under such solicitations, may be utilized for the Clean Coal 
Power Initiative, pursuant to title IV of Public Law 109-58, in 
accordance with the requirements of this Act rather than the Acts under 
which the funds were appropriated: Provided further, That no Clean Coal 
Power Initiative project may be selected for which full funding is not 
available to provide for the total project: Provided further, That if a 
Clean Coal Power Initiative project, selected after enactment of this 
Act for negotiation under this or any other Act in any fiscal year, is 
not awarded within 2 years from the date the application was selected, 
negotiations shall cease and the Federal funds committed to the 
application shall be retained by the Department for future coal-related 
research, development, and demonstration projects, except that the time 
limit may be extended at the Secretary's discretion for matters outside 
the control of the applicant, or if the Secretary determines that 
extension of the time limit is in the public interest: Provided 
further, That the Secretary may not delegate this responsibility for 
applications greater than $10,000,000: Provided further, That financial 
assistance for costs in excess of those estimated as of the date of 
award of original Clean Coal Power Initiative financial assistance may 
not be provided in excess of the proportion of costs borne by the 
Government in the original agreement and shall be limited to 25 percent 
of the original financial assistance: Provided further, That funds 
shall be expended in accordance with the provisions governing the use 
of funds contained under the heading ``Clean Coal Technology'' in 
Public Law 99-190 (42 U.S.C. 5903d): Provided further, That any 
technology selected under these programs shall be considered a Clean 
Coal Technology, and any project selected under these programs shall be 
considered a Clean Coal Technology Project, for the purposes of 42 
U.S.C. 7651n, and chapters 51, 52, and 60 of title 40 of the Code of 
Federal Regulations: Provided further, That funds available for the 
Clean Coal Power Initiative may be used to support any technology 
relating to carbon capture and storage or beneficial uses of carbon 
dioxide, without regard to the 70 and 30 percent funding allocations 
specified in section 402(b)(1)(A) and (2)(A) of the Energy Policy Act 
of 2005 (42 U.S.C. 15962(b)(1)(A) and (2)(A)):  Provided further, That, 
of the amount appropriated in this paragraph, $750,000 shall be for 
development of technologies for integration into gasification systems 
for the low-cost production of synthesis gas, to be awarded under full 
and open competition:  Provided further, That, of the amount 
appropriated in this paragraph, $500,000 shall be for development of 
fuel cell technologies for conversion of commercially available fuels 
and biofuels into electricity, to be awarded under full and open 
competition: Provided further, That, of the amount appropriated in this 
paragraph, $300,000 shall be for development of control technologies 
for increased performance in synthesis gas combustion applications, to 
be awarded under full and open competition: Provided further, That, of 
the amount appropriated in this paragraph, $8,000,000 shall be used for 
the projects specified in the table that appears under the heading 
``Congressionally Directed Fossil Energy Research and Development 
Projects'' in the report of the Committee on Appropriations of the 
House of Representatives to accompany this Act.

                 Naval Petroleum and Oil Shale Reserves

    For expenses necessary to carry out naval petroleum and oil shale 
reserve activities, including the hire of passenger motor vehicles, 
$23,627,000, to remain available until expended: Provided, That, 
notwithstanding any other provision of law, unobligated funds remaining 
from prior years shall be available for all naval petroleum and oil 
shale reserve activities.

                      Strategic Petroleum Reserve

    For necessary expenses for Strategic Petroleum Reserve facility 
development and operations and program management activities pursuant 
to the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.), 
$228,573,000, to remain available until expended.

                   Northeast Home Heating Oil Reserve

    For necessary expenses for Northeast Home Heating Oil Reserve 
storage, operation, and management activities pursuant to the Energy 
Policy and Conservation Act (42 U.S.C. 6201 et seq.), $11,300,000, to 
remain available until expended.

                   Energy Information Administration

    For necessary expenses in carrying out the activities of the Energy 
Information Administration, $121,858,000, to remain available until 
expended.

                   Non-defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental cleanup activities in 
carrying out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of 
any real property or any facility or for plant or facility acquisition, 
construction, or expansion, $237,517,000, to remain available until 
expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

    For necessary expenses in carrying out uranium enrichment facility 
decontamination and decommissioning, remedial actions, and other 
activities under title II of the Atomic Energy Act of 1954, and title 
X, subtitle A, of the Energy Policy Act of 1992, $559,377,000, to be 
derived from the Uranium Enrichment Decontamination and Decommissioning 
Fund, to remain available until expended.

                                Science

                     (including transfer of funds)

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for science activities in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not more than 50 passenger motor vehicles 
for replacement only, including one law enforcement vehicle, two 
ambulances, and three buses, $4,943,587,000, to remain available until 
expended: Provided, That $15,000,000 appropriated under this heading 
under prior appropriation Acts for the Advanced Research Projects 
Agency--Energy is hereby transferred to the ``Advanced Research 
Projects Agency--Energy'' account: Provided further, That, of the 
amount appropriated in this paragraph, $37,740,000 shall be used for 
the projects specified in the table that appears under the heading 
``Congressionally Directed Science Projects'' in the report of the 
Committee on Appropriations of the House of Representatives to 
accompany this Act.

                         Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
the Nuclear Waste Policy Act of 1982 (Public Law 97-425)(``NWPA''), 
including the acquisition of real property or facility construction or 
expansion, $98,400,000, to remain available until expended, and to be 
derived from the Nuclear Waste Fund: Provided, That of the funds made 
available in this Act for Nuclear Waste Disposal, $5,000,000 shall be 
provided to the Office of the Attorney General of the State of Nevada 
solely for expenditures, other than salaries and expenses of State 
employees, to conduct scientific oversight responsibilities and 
participate in licensing activities pursuant to the NWPA: Provided 
further, That notwithstanding the lack of a written agreement with the 
State of Nevada under section 117(c) of the NWPA, $1,000,000 shall be 
provided to Nye County, Nevada, for on-site oversight activities under 
section 117(d) of such Act: Provided further, That $9,000,000 shall be 
provided to affected units of local government, as defined in the NWPA, 
to conduct appropriate activities and participate in licensing 
activities: Provided further, That, of the $9,000,000 provided, 7.5 
percent of the funds shall be made available to affected units of local 
government in California with the balance made available to affected 
units of local government in Nevada for distribution as determined by 
the Nevada units of local government: Provided further, That this 
funding shall be provided to affected units of local government, as 
defined in the NWPA: Provided further, That $500,000 shall be provided 
to the Timbisha-Shoshone Tribe solely for expenditures, other than 
salaries and expenses of tribal employees, to conduct appropriate 
activities and participate in licensing activities under section 118(b) 
of the NWPA: Provided further, That notwithstanding the provisions of 
chapters 65 and 75 of title 31, United States Code, the Department 
shall have no monitoring, auditing, or other oversight rights or 
responsibilities over amounts provided to affected units of local 
government: Provided further, That the funds for the State of Nevada 
shall be made available solely to the Office of the Attorney General by 
direct payment and to units of local government by direct payment: 
Provided further, That within 90 days of the completion of each Federal 
fiscal year, the Office of the Attorney General of the State of Nevada 
and each of the affected units of local government shall provide 
certification to the Department of Energy that all funds expended from 
such payments have been expended for activities authorized by the NWPA 
and this Act: Provided further, That failure to provide such 
certification shall cause such entity to be prohibited from any further 
funding provided for similar activities: Provided further, That none of 
the funds herein appropriated may be: (1) used directly or indirectly 
to influence legislative action, except for normal and recognized 
executive-legislative communications, on any matter pending before 
Congress or a State legislature or for lobbying activity as provided in 
18 U.S.C. 1913; (2) used for litigation expenses; or (3) used to 
support multi-State efforts or other coalition building activities 
inconsistent with the restrictions contained in this Act: Provided 
further, That all proceeds and recoveries realized by the Secretary in 
carrying out activities authorized by the NWPA, including any proceeds 
from the sale of assets, shall be available without further 
appropriation and shall remain available until expended: Provided 
further, That no funds provided in this Act or any previous Act may be 
used to pursue repayment or collection of funds provided in any fiscal 
year to affected units of local government for oversight activities 
that had been previously approved by the Department of Energy or to 
withhold payment of any such funds: Provided further, That of the funds 
made available in this Act for Nuclear Waste Disposal, $5,000,000 shall 
be provided to create a Blue Ribbon Commission to consider all 
alternatives for nuclear waste disposal.

         Title 17 Innovative Technology Loan Guarantee Program

     Such sums as are derived from amounts received from borrowers 
pursuant to section 1702(b)(2) of the Energy Policy Act of 2005 under 
this heading in prior Acts shall be collected in accordance with 
section 502(7) of the Congressional Budget Act of 1974: Provided, That 
for necessary administrative expenses to carry out this Loan Guarantee 
program, $43,000,000 is appropriated, to remain available until 
expended: Provided further, That $43,000,000 of the fees collected 
pursuant to section 1702(h) of the Energy Policy Act of 2005 shall be 
credited as offsetting collections to this account to cover 
administrative expenses and shall remain available until expended, so 
as to result in a final fiscal year 2010 appropriations from the 
general fund estimated at not more than $0: Provided further, That fees 
collected under section 1702(h) in excess of the amount appropriated 
for administrative expenses shall not be available until appropriated.

        Advanced Technology Vehicles Manufacturing Loans Program

    For administrative expenses in carrying out the Advanced Technology 
Vehicles Manufacturing Loans Program, $20,000,000, to remain available 
until expended.

                      Departmental Administration

    For salaries and expenses of the Department of Energy necessary for 
departmental administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the hire of passenger motor vehicles and official reception 
and representation expenses not to exceed $30,000, $289,684,000, to 
remain available until expended, plus such additional amounts as 
necessary to cover increases in the estimated amount of cost of work 
for others notwithstanding the provisions of the Anti-Deficiency Act 
(31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work 
are offset by revenue increases of the same or greater amount, to 
remain available until expended: Provided further, That moneys received 
by the Department for miscellaneous revenues estimated to total 
$119,740,000 in fiscal year 2010 may be retained and used for operating 
expenses within this account, and may remain available until expended, 
as authorized by section 201 of Public Law 95-238, notwithstanding the 
provisions of 31 U.S.C. 3302: Provided further, That the sum herein 
appropriated shall be reduced by the amount of miscellaneous revenues 
received during 2010, and any related appropriated receipt account 
balances remaining from prior years' miscellaneous revenues, so as to 
result in a final fiscal year 2010 appropriation from the general fund 
estimated at not more than $169,944,000.

                    Office of the Inspector General

    For necessary expenses of the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$51,927,000, to remain available until expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, and the purchase of 
not more than one ambulance; $6,320,000,000, to remain available until 
expended: Provided, That, of the amount appropriated in this paragraph, 
$3,000,000 shall be used for the projects specified under the heading 
``Congressionally Directed Weapons Activities Projects'' in the report 
of the Committee on Appropriations of the House of Representatives to 
accompany this Act.

                    Defense Nuclear Nonproliferation

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for defense nuclear nonproliferation 
activities, in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, and the purchase of 
not more than one passenger motor vehicle for replacement only, 
$1,471,175,000, to remain available until expended: Provided, That, of 
the amount appropriated in this paragraph, $250,000 shall be used for 
the projects specified under the heading ``Congressionally Directed 
Defense Nuclear Nonproliferation Projects'' in the report of the 
Committee on Appropriations of the House of Representatives to 
accompany this Act.

                             Naval Reactors

    For Department of Energy expenses necessary for naval reactors 
activities to carry out the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition (by purchase, 
condemnation, construction, or otherwise) of real property, plant, and 
capital equipment, facilities, and facility expansion, $1,003,133,000, 
to remain available until expended.

                      Office of the Administrator

                     (including transfer of funds)

    For necessary expenses of the Office of the Administrator in the 
National Nuclear Security Administration, including official reception 
and representation expenses not to exceed $12,000, $420,754,000, to 
remain available until expended: Provided, That $10,000,000 previously 
appropriated for cleanup efforts at Argonne National Lab shall be 
transferred to ``Non-Defense Environmental Cleanup'': Provided further, 
That, of the amount appropriated in this paragraph, $13,000,000 shall 
be used for the projects specified in the table that appears under the 
heading ``Congressionally Directed Office of the Administrator (NNSA) 
Projects'' in the report of the Committee on Appropriations of the 
House of Representatives to accompany this Act.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

                     (including transfer of funds)

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental cleanup 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, and the purchase of 
not more than four ambulances and three passenger motor vehicles for 
replacement only, $5,381,842,000, to remain available until expended, 
of which $463,000,000 shall be transferred to the ``Uranium Enrichment 
Decontamination and Decommissioning Fund''.

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses, necessary for atomic energy defense, other defense 
activities, and classified activities, in carrying out the purposes of 
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, and the purchase of not more than 12 passenger motor 
vehicles for replacement only, $1,518,002,000, to remain available 
until expended: Provided, That, of the funds provided herein, 
$504,238,000 is for project 99-D-143 Mixed Oxide Fuel Fabrication 
Facility, Savannah River Site, South Carolina; $70,000,000 is for 
project 99-D-141-02 Waste Solidification Building, Savannah River Site, 
South Carolina; $84,296,000 for MOX operations; and $7,000,000 for WSB 
operation: Provided further, That the Department of Energy shall adhere 
strictly to Department of Energy Order 413.3A for Project 99-D-143: 
Provided further, That, of the amount appropriated in this paragraph, 
$2,000,000 shall be used for the projects specified in the table that 
appears under the heading ``Congressionally Directed Other Defense 
Activities Projects'' in the report of the Committee on Appropriations 
of the House of Representatives to accompany this Act.

                     Defense Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
the Nuclear Waste Policy Act of 1982 (Public Law 97-425), including the 
acquisition of real property or facility construction or expansion, 
$98,400,000, to remain available until expended.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to the Federal Columbia River Transmission System 
Act (Public Law 93-454), are approved for the Leaburg Fish Sorter, the 
Okanogan Basin Locally Adapted Steelhead Supplementation Program, and 
the Crystal Springs Hatchery Facilities, and, in addition, for official 
reception and representation expenses in an amount not to exceed 
$1,500. During fiscal year 2010, no new direct loan obligations may be 
made from such Fund.

      Operation and Maintenance, Southeastern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, 
including transmission wheeling and ancillary services pursuant to 
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied 
to the southeastern power area, $7,638,000, to remain available until 
expended: Provided, That notwithstanding 31 U.S.C. 3302 and section 5 
of the Flood Control Act of 1944 (16 U.S.C. 825s), up to $7,638,000 
collected by the Southeastern Power Administration from the sale of 
power and related services shall be credited to this account as 
discretionary offsetting collections, to remain available until 
expended for the sole purpose of funding the annual expenses of the 
Southeastern Power Administration: Provided further, That the sum 
herein appropriated for annual expenses shall be reduced as collections 
are received during the fiscal year so as to result in a final fiscal 
year 2010 appropriation estimated at not more than $0: Provided 
further, That, notwithstanding 31 U.S.C. 3302, up to $70,806,000 
collected by the Southeastern Power Administration pursuant to the 
Flood Control Act of 1944 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose of making 
purchase power and wheeling expenditures: Provided further, That 
notwithstanding the provisions of 31 U.S.C. 3302 and section 5 of the 
Flood Control Act of 1944 (16 U.S.C. 825s), all funds collected by the 
Southeastern Power Administration that are applicable to the repayment 
of the annual expenses of this account in this and subsequent fiscal 
years shall be credited to this account as discretionary offsetting 
collections for the sole purpose of funding such expenses, with such 
funds remaining available until expended: Provided further, That for 
purposes of this appropriation, annual expenses means expenditures that 
are generally recovered in the same year that they are incurred 
(excluding purchase power and wheeling expenses).

      Operation and Maintenance, Southwestern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, for 
construction and acquisition of transmission lines, substations and 
appurtenant facilities, and for administrative expenses, including 
official reception and representation expenses in an amount not to 
exceed $1,500 in carrying out section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), as applied to the Southwestern Power 
Administration, $44,944,000, to remain available until expended: 
Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the 
Flood Control Act of 1944 (16 U.S.C. 825s), up to $31,868,000 collected 
by the Southwestern Power Administration from the sale of power and 
related services shall be credited to this account as discretionary 
offsetting collections, to remain available until expended, for the 
sole purpose of funding the annual expenses of the Southwestern Power 
Administration: Provided further, That the sum herein appropriated for 
annual expenses shall be reduced as collections are received during the 
fiscal year so as to result in a final fiscal year 2010 appropriation 
estimated at not more than $13,076,000: Provided further, That, 
notwithstanding 31 U.S.C. 3302, up to $38,000,000 collected by the 
Southwestern Power Administration pursuant to the Flood Control Act of 
1944 to recover purchase power and wheeling expenses shall be credited 
to this account as offsetting collections, to remain available until 
expended for the sole purpose of making purchase power and wheeling 
expenditures: Provided further, That notwithstanding 31 U.S.C. 3302 and 
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), all funds 
collected by the Southwestern Power Administration that are applicable 
to the repayment of the annual expenses of this account in this and 
subsequent fiscal years shall be credited to this account as 
discretionary offsetting collections for the sole purpose of funding 
such expenses, with such funds remaining available until expended: 
Provided further, That for purposes of this appropriation, annual 
expenses means expenditures that are generally recovered in the same 
year that they are incurred (excluding purchase power and wheeling 
expenses).

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

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other 
related activities including conservation and renewable resources 
programs as authorized, including official reception and representation 
expenses in an amount not to exceed $1,500; $256,711,000, to remain 
available until expended, of which $245,216,000 shall be derived from 
the Department of the Interior Reclamation Fund: Provided, That 
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), and section 1 of the Interior Department 
Appropriation Act, 1939 (43 U.S.C. 392a), up to $147,530,000 collected 
by the Western Area Power Administration from the sale of power and 
related services shall be credited to this account as discretionary 
offsetting collections, to remain available until expended, for the 
sole purpose of funding the annual expenses of the Western Area Power 
Administration: Provided further, That the sum herein appropriated for 
annual expenses shall be reduced as collections are received during the 
fiscal year so as to result in a final fiscal year 2010 appropriation 
estimated at not more than $109,181,000, of which $97,686,000 is 
derived from the Reclamation Fund: Provided further, That of the amount 
herein appropriated, $7,584,000 is for deposit into the Utah 
Reclamation Mitigation and Conservation Account pursuant to title IV of 
the Reclamation Projects Authorization and Adjustment Act of 1992: 
Provided further, That notwithstanding 31 U.S.C. 3302, up to 
$349,807,000 collected by the Western Area Power Administration 
pursuant to the Flood Control Act of 1944 and the Reclamation Project 
Act of 1939 (43 U.S.C. 485 et seq.) to recover purchase power and 
wheeling expenses shall be credited to this account as offsetting 
collections, to remain available until expended for the sole purpose of 
making purchase power and wheeling expenditures: Provided further, That 
of the amount herein appropriated, up to $18,612,000 is provided on a 
nonreimbursable basis for environmental remediation at the Basic 
Substation site in Henderson, Nevada: Provided further, That 
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), and section 1 of the Interior Department 
Appropriation Act, 1939 (43 U.S.C. 392a), funds collected by the 
Western Area Power Administration from the sale of power and related 
services that are applicable to the repayment of the annual expenses of 
this account in this and subsequent fiscal years shall be credited to 
this account as discretionary offsetting collections for the sole 
purpose of funding such expenses, with such funds remaining available 
until expended: Provided further, That for purposes of this 
appropriation, annual expenses means expenditures that are generally 
recovered in the same year that they are incurred (excluding purchase 
power and wheeling expenses).

           Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $2,568,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 2 of the Act of June 18, 1954 
(43 U.S.C. 485g): Provided, That notwithstanding the provisions of such 
Act and of 31 U.S.C. 3302, up to $2,348,000 collected by the Western 
Area Power Administration from the sale of power and related services 
from the Falcon and Amistad Dams shall be credited to this account as 
discretionary offsetting collections, to remain available until 
expended for the sole purpose of funding the annual expenses of the 
hydroelectric facilities of these Dams and associated Western Area 
Power Administration activities: Provided further, That the sum herein 
appropriated for annual expenses shall be reduced as collections are 
received during the fiscal year so as to result in a final fiscal year 
2010 appropriation estimated at not more than $220,000: Provided 
further, That notwithstanding the provisions of section 2 of the Act of 
June 18, 1954 (43 U.S.C. 485g) and 31 U.S.C. 3302, all funds collected 
by the Western Area Power Administration from the sale of power and 
related services from the Falcon and Amistad Dams that are applicable 
to the repayment of the annual expenses of the hydroelectric facilities 
of these Dams and associated Western Area Power Administration 
activities in this and subsequent fiscal years shall be credited to 
this account as discretionary offsetting collections for the sole 
purpose of funding such expenses, with such funds remaining available 
until expended: Provided further, That for purposes of this 
appropriation, annual expenses means expenditures that are generally 
recovered in the same year that they are incurred.

                  Federal Energy Regulatory Commission

                         salaries and expenses

    For necessary expenses of the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 
U.S.C. 3109, the hire of passenger motor vehicles, and official 
reception and representation expenses not to exceed $3,000, 
$298,000,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, not to exceed $298,000,000 
of revenues from fees and annual charges and other services and 
collections in fiscal year 2010 shall be retained and used for 
necessary expenses in this account and shall remain available until 
expended: Provided further, That the sum herein appropriated from the 
general fund shall be reduced as revenues are received during fiscal 
year 2010 so as to result in a final fiscal year 2010 appropriation 
from the general fund estimated at not more than $0.

                GENERAL PROVISIONS, DEPARTMENT OF ENERGY

    Sec. 301. Unfunded Requests for Proposals.--None of the funds 
appropriated by this Act may be used to prepare or initiate Requests 
For Proposals (RFPs) for a program if the program has not been funded 
by Congress.
    Sec. 302. Department of Energy Defense Nuclear Facilities Workforce 
Restructuring.--None of the funds appropriated by this Act may be 
used--
            (1) to augment the funds made available for obligation by 
        this Act for severance payments and other benefits and 
        community assistance grants under section 4604 of the Atomic 
        Energy Defense Act (50 U.S.C. 2704) unless the Department of 
        Energy submits a reprogramming request to the appropriate 
        congressional committees;
            (2) to provide enhanced severance payments or other 
        benefits for employees of the Department of Energy under such 
        section; or
            (3) to develop or implement a workforce restructuring plan 
        that covers employees of the Department of Energy.
    Sec. 303. Unexpended Balances.--The unexpended balances of prior 
appropriations provided for activities in this Act may be available to 
the same appropriation accounts for such activities established 
pursuant to this title. Available balances may be merged with funds in 
the applicable established accounts and thereafter may be accounted for 
as one fund for the same time period as originally enacted.
    Sec. 304. Bonneville Power Authority Service Territory.--None of 
the funds in this or any other Act for the Administrator of the 
Bonneville Power Administration may be used to enter into any agreement 
to perform energy efficiency services outside the legally defined 
Bonneville service territory, with the exception of services provided 
internationally, including services provided on a reimbursable basis, 
unless the Administrator certifies in advance that such services are 
not available from private sector businesses.
    Sec. 305. User Facilities.--(a) When the Department of Energy makes 
a user facility available to universities or other potential users, or 
seeks input from universities or other potential users regarding 
significant characteristics or equipment in a user facility or a 
proposed user facility, the Department shall ensure broad public notice 
of such availability or such need for input to universities and other 
potential users.
    (b) When the Department of Energy considers the participation of a 
university or other potential user as a formal partner in the 
establishment or operation of a user facility, the Department shall 
employ full and open competition in selecting such a partner.
    (c) For purposes of this section, the term ``user facility'' 
includes--
            (1) a user facility as described in section 2203(a)(2) of 
        the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2));
            (2) a National Nuclear Security Administration Defense 
        Programs Technology Deployment Center/User Facility; and
            (3) any other Departmental facility designated by the 
        Department as a user facility.
    Sec. 306. Intelligence Activities.--Funds appropriated by this or 
any other Act, or made available by the transfer of funds in this Act, 
for intelligence activities are deemed to be specifically authorized by 
the Congress for purposes of section 504 of the National Security Act 
of 1947 (50 U.S.C. 414) during fiscal year 2010 until the enactment of 
the Intelligence Authorization Act for fiscal year 2010.
    Sec. 307. Laboratory Directed Research and Development.--Of the 
funds made available by the Department of Energy for activities at 
government-owned, contractor-operated laboratories funded in this Act, 
the Secretary may authorize a specific amount, not to exceed 6 percent 
of such funds, to be used by such laboratories for laboratory directed 
research and development: Provided, That the Secretary may also 
authorize a specific amount, not to exceed 4 percent of such funds, to 
be used by the plant manager of a covered nuclear weapons production 
plant or the manager of the Nevada Site Office for plant or site 
directed research and development.
    Sec. 308. Limited Transfer Authority to Address Pension 
Requirements.--(a) If the Secretary of Energy determines that 
additional funds are needed to reimburse the costs of defined benefit 
pension plans for contractor employees, the Secretary may transfer not 
more than one percent from each appropriation made available in this 
Act to any other appropriation available to the Secretary in the same 
Act for such reimbursements.
    (b) In carrying out a transfer under this section, the Secretary 
shall use each appropriation made available to the Department in that 
fiscal year as a source for the transfer and shall reduce each 
appropriation by an equal percentage, except that appropriations for 
which the Secretary determines there exists a need for additional funds 
for pension plan costs in that fiscal year, as well as appropriations 
made available for Naval Petroleum and Oil Shale Reserves, Strategic 
Petroleum Reserve, Northeast Home Heating Oil Reserve, the Power 
Marketing Administrations, the Energy Information Administration, 
Uranium Enrichment Decontamination and Decommissioning Fund, Nuclear 
Waste Disposal, Defense Nuclear Waste Disposal, and Office of the 
Inspector General, shall not be subject to this requirement.
    (c) This transfer authority is in addition to any other transfer 
authority provided in this or any other Act.
    (d) The Secretary shall notify the Committees on Appropriations of 
the House of Representatives and the Senate in writing not less than 30 
days in advance of each transfer authorized by this section.
    Sec. 309. Congressional Notification Requirement.--None of the 
funds made available by this Act may be used to make a grant 
allocation, discretionary grant award, discretionary contract award, or 
other transaction agreement or to issue a letter of intent totaling in 
excess of $1,000,000, or to announce publicly the intention to make 
such an allocation, award, or agreement or to issue such a letter, 
including a contract covered by the Federal Acquisition Regulation, 
unless the Secretary of Energy notifies the Committees on 
Appropriations of the House of Representatives and the Senate at least 
3 full business days in advance of making such an allocation, award, or 
agreement or issuing such a letter: Provided, That if the Secretary of 
Energy determines that compliance with this section would pose a 
substantial risk to human life, health, or safety, an award may be made 
without such notification, and the Committees on Appropriations of the 
House of Representatives and the Senate shall be notified not later 
than 5 full business days after such an allocation, award, or agreement 
is made or letter issued.
    Sec. 310. Wage Rate Requirements.--Section 1702 of the Energy 
Policy Act of 2005 (42 U.S.C. 16512) is amended by adding at the end 
the following new subsection:
    ``(k) Wage Rate Requirements.--All laborers and mechanics employed 
by contractors and subcontractors in the performance of construction 
work financed in whole or in part by a loan guaranteed under this title 
shall be paid wages at rates not less than those prevailing on projects 
of a character similar in the locality as determined by the Secretary 
of Labor in accordance with subchapter IV of chapter 31 of title 40, 
United States Code. With respect to the labor standards in this 
subsection, the Secretary of Labor shall have the authority and 
functions set forth in Reorganization Plan Numbered 14 of 1950 (64 
Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States 
Code.''.
    Sec. 311. Bonneville Power Administration Fund.--(a) Subject to 
subsection (b), no funds appropriated or otherwise made available by 
this Act or any other Act may be used to record transactions relating 
to the increase in borrowing authority or bonds outstanding at any time 
under the Federal Columbia River Transmission System Act (16 U.S.C. 838 
et seq.) referred to in section 401 of division A of the American 
Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 140) 
under a funding acount, subaccount, or fund symbol other than the 
Bonneville Power Administration Fund Treasury account fund symbol.
    (b) Funds appropriated or otherwise made available by this Act or 
any other Act may be used to ensure, for purposes of meeting applicable 
reporting provisions of the American Recovery and Reinvestment Act of 
2009 (Public Law 111-5; 123 Stat. 115), that the Bonneville Power 
Administration uses a fund symbol other than the Bonneville Power 
Administration Fund Treasury account fund symbol solely to report 
accrued expenditures of projects attributed by the Administrator of the 
Bonneville Power Administration to the increased borrowing authority.
    (c) This section is effective for fiscal year 2010 and subsequent 
fiscal years.
    Sec. 312. Advanced Technology Vehicles Manufacturing Loans 
Program.--(a) Ultra Efficient Vehicles.--Section 136 of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17013) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``an ultra 
                efficient vehicle or'' after ``means''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(5) Ultra efficient vehicle.--The term `ultra efficient 
        vehicle' means a fully closed compartment vehicle designed to 
        carry at least 2 adult passengers that achieves--
                    ``(A) at least 75 miles per gallon while operating 
                on gasoline or diesel fuel;
                    ``(B) at least 75 miles per gallon equivalent while 
                operating as a hybrid electric-gasoline or electric-
                diesel vehicle; or
                    ``(C) at least 75 miles per gallon equivalent while 
                operating as a fully electric vehicle.'';
            (2) in subsection (b)--
                    (A) by inserting ``, ultra efficient vehicle 
                manufacturers,'' after ``automobile manufacturers'';
                    (B) in paragraph (1)--
                            (i) by striking ``or'' at the end of 
                        subparagraph (A);
                            (ii) by striking ``and'' at the end of 
                        subparagraph (B) and inserting ``or''; and
                            (iii) by adding at the end the following 
                        new subparagraph:
                    ``(C) ultra efficient vehicles; and''; and
                    (C) in paragraph (2), by inserting ``, ultra 
                efficient vehicles,'' after ``qualifying vehicles'';
            (3) in subsection (g), by inserting ``or are utilized 
        primarily for the manufacture of ultra efficient vehicles'' 
        after ``20 years''; and
            (4) in subsection (h)(1)(B), by striking ``automobiles'' 
        the first place it appears and inserting ``ultra efficient 
        vehicles, automobiles,''.
    (b) Reconsideration of Prior Applications.--The Secretary of Energy 
shall reconsider applications for assistance under section 136 of the 
Energy Independence and Security Act of 2007 (42 U.S.C. 17013) that 
were--
            (1) timely filed under that section before January 1, 2009;
            (2) rejected on the basis that the vehicles to which the 
        proposal related were not advanced technology vehicles; and
            (3) related to ultra efficient vehicles.

                     TITLE IV--INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized by the 
Appalachian Regional Development Act of 1965, for necessary expenses 
for the Federal Co-Chairman and the Alternate on the Appalachian 
Regional Commission, for payment of the Federal share of the 
administrative expenses of the Commission, including services as 
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, 
$76,000,000, to remain available until expended: Provided, That any 
congressionally directed spending shall be taken from within that 
State's allocation in the fiscal year in which it is provided.

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

    For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, as amended by section 1441 of Public Law 100-456, $26,086,000, to 
remain available until expended.

                        Delta Regional Authority

                         salaries and expenses

    For necessary expenses of the Delta Regional Authority and to carry 
out its activities, as authorized by the Delta Regional Authority Act 
of 2000, notwithstanding sections 382C(b)(2), 382F(d), 382M, and 382N 
of such Act, $13,000,000, to remain available until expended.

                           Denali Commission

    For expenses of the Denali Commission, including the purchase, 
construction, and acquisition of plant and capital equipment, as 
necessary, and other expenses, $11,965,000, to remain available until 
expended, notwithstanding the limitations contained in section 306(g) 
of the Denali Commission Act of 1998.

                  Northern Border Regional Commission

    For necessary expenses of the Northern Border Regional Commission 
in carrying out activities authorized by 40 U.S.C. 15303(1), $500,000, 
to remain available until expended.

                 Southeast Crescent Regional Commission

    For necessary expenses of the Southeast Crescent Regional 
Commission in carrying out activities authorized by 40 U.S.C. 15303(1), 
$500,000, to remain available until expended.

                     Nuclear Regulatory Commission

                         salaries and expenses

    For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy 
Act of 1954, including official representation expenses (not to exceed 
$25,000), $1,061,000,000, to remain available until expended: Provided, 
That of the amount appropriated herein, $56,000,000 shall be derived 
from the Nuclear Waste Fund: Provided further, That revenues from 
licensing fees, inspection services, and other services and collections 
estimated at $878,102,000 in fiscal year 2010 shall be retained and 
used for necessary salaries and expenses in this account, 
notwithstanding 31 U.S.C. 3302, and shall remain available until 
expended: Provided further, That the sum herein appropriated shall be 
reduced by the amount of revenues received during fiscal year 2010 so 
as to result in a final fiscal year 2010 appropriation estimated at not 
more than $182,898,000.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$10,102,000, to remain available until September 30, 2011: Provided, 
That revenues from licensing fees, inspection services, and other 
services and collections estimated at $9,092,000 in fiscal year 2010 
shall be retained and be available until expended, for necessary 
salaries and expenses in this account, notwithstanding 31 U.S.C. 3302: 
Provided further, That the sum herein appropriated shall be reduced by 
the amount of revenues received during fiscal year 2010 so as to result 
in a final fiscal year 2010 appropriation estimated at not more than 
$1,010,000.

                  Nuclear Waste Technical Review Board

                         salaries and expenses

    For necessary expenses of the Nuclear Waste Technical Review Board, 
as authorized by section 5051 of Public Law 100-203, $3,891,000, to be 
derived from the Nuclear Waste Fund, and to remain available until 
expended.

Office of the Federal Coordinator for Alaska Natural Gas Transportation 
                                Projects

    For necessary expenses for the Office of the Federal Coordinator 
for Alaska Natural Gas Transportation Projects pursuant to the Alaska 
Natural Gas Pipeline Act of 2004, $4,466,000: Provided, That any fees, 
charges, or commissions received pursuant to section 802 of Public Law 
110-140 in fiscal year 2010 in excess of $4,683,000 shall not be 
available for obligation until appropriated in a subsequent Act of 
Congress.

                GENERAL PROVISIONS, INDEPENDENT AGENCIES

    Sec. 401. Nuclear Regulatory Commission Reporting Requirement.--The 
Nuclear Regulatory Commission shall, not later than 90 days after the 
date of enactment of this Act, provide a report to the Committees on 
Appropriations of the House of Representatives and the Senate 
identifying barriers to and its recommendations for streamlining the 
issuance of a Combined Construction and Operating License for qualified 
new nuclear reactors.

                      TITLE V--GENERAL PROVISIONS

    Sec. 501. Lobbying Restriction.--None of the funds appropriated by 
this Act may be used in any way, directly or indirectly, to influence 
congressional action on any legislation or appropriation matters 
pending before Congress, other than to communicate to Members of 
Congress as described in 18 U.S.C. 1913.
    Sec. 502. Delta Regional Authority.--Section 382B(c)(1) of the 
Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa-1) is 
amended to read as follows:
            ``(1) In general.--A decision by the Authority shall 
        require the affirmative vote of the Federal co-chairperson and 
        a majority of the State members (not including any member 
        representing a State that is delinquent under subsection 
        (g)(2)(C)) to be effective.''.
    This Act may be cited as the ``Energy and Water Development and 
Related Agencies Appropriations Act, 2010''.
                                                 Union Calendar No. 110

111th CONGRESS

  1st Session

                               H. R. 3183

                          [Report No. 111-203]

_______________________________________________________________________

                                 A BILL

  Making appropriations for energy and water development and related 
 agencies for the fiscal year ending September 30, 2010, and for other 
                               purposes.

_______________________________________________________________________

                             July 13, 2009

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