[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3635 Placed on Calendar Senate (PCS)]
Calendar No. 478
111th CONGRESS
2d Session
S. 3635
[Report No. 111-228]
Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2011, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 22, 2010
Mr. Dorgan, from the Committee on Appropriations, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2011, 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, 2011, 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 where authorized by law for the collection
and study of basic information pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related needs; for surveys and detailed studies, and
plans and specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem restoration
projects and related efforts prior to construction; for restudy of
authorized projects; and for miscellaneous investigations and, when
authorized by law, surveys and detailed studies, and plans and
specifications of projects prior to construction, $166,000,000, to
remain available until expended.
construction
(including transfer 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);
$1,780,000,000, 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
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 (including only Kentucky Lock
and Dam, Tennessee River, Kentucky; Lock and Dams 2, 3, and 4
Monongahela River, Pennsylvania; Lock and Dam 27, Mississippi River,
Illinois; Markland Locks and Dam, Kentucky and Indiana; Olmsted Lock
and Dam, Illinois and Kentucky; and Emsworth Locks and Dam, Ohio River,
Pennsylvania) shall be derived from the Inland Waterways Trust Fund:
Provided, That the Chief of Engineers is directed to use $20,000,000 of
the funds appropriated herein for the Dallas Floodway Extension, Texas,
project, including the Cadillac Heights feature, generally in
accordance with the Chief of Engineers report dated December 7, 1999:
Provided further, That the Chief of Engineers is directed to use
$20,000,000 of the funds appropriated herein for construction-related
activities for flood risk management in the Fargo, North Dakota-
Moorhead, Minnesota Metropolitan Area subject to a project being found
technically sound, environmentally sustainable, and economically
viable: Provided further, That the Chief of Engineers is directed to
use $1,500,000 of funds available for the Greenbrier Basin, Marlinton,
West Virginia, Local Protection Project to continue engineering and
design efforts, execute a project partnership agreement for phases 1
and 2, and initiate construction of the project substantially in
accordance with Alternative 1 as described in the Corps of Engineers
Final Detailed Project Report and Environmental Impact Statement for
Marlinton, West Virginia Local Protection Project dated September 2008
with the Federal and non-Federal cost shares determined in accordance
with the ability-to-pay provisions prescribed in section 103(m) of the
Water Resources Development Act of 1986: Provided further, That the
Chief of Engineers is directed to use $2,750,000 of the funds
appropriated herein to continue planning, engineering, design or
construction of the Lower Mingo County, Upper Mingo County, Wayne
County, McDowell County, West Virginia, elements of the Levisa and Tug
Forks of the Big Sandy River and Upper Cumberland River Project.
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, $335,000,000, to remain
available until expended, of which such sums as are necessary to cover
the Federal share of eligible operation and maintenance costs for
inland harbors shall be derived from the Harbor Maintenance Trust Fund:
Provided, That the Secretary of the Army, acting through the Chief of
Engineers is directed to use $16,000,000 appropriated herein for
construction of water withdrawal features of the Grand Prairie,
Arkansas, project.
operation and maintenance
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law;
providing security for infrastructure owned or operated by the Corps,
including administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public agency that
serve essential navigation needs of general commerce, where authorized
by law; surveying and charting northern and northwestern lakes and
connecting waters; clearing and straightening channels; and removing
obstructions to navigation, $2,495,000,000, to remain available until
expended, of which such sums as are necessary to cover the Federal
share of eligible operation and maintenance costs for coastal harbors
and channels, and for inland harbors shall be derived from the Harbor
Maintenance Trust Fund; of which such sums as become available from the
special account for the Corps established by the Land and Water
Conservation Act of 1965 (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 1
percent of the total amount of funds provided for each of the programs,
projects or activities funded under this heading shall not be allocated
to a field operating activity prior to the beginning of the fourth
quarter of the fiscal year and shall be available for use by the Chief
of Engineers to fund such emergency activities as the Chief of
Engineers determines to be necessary and appropriate; and that the
Chief of Engineers shall allocate during the fourth quarter any
remaining funds which have not been used for emergency activities
proportionally in accordance with the amounts provided for the
programs, projects or activities.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $193,000,000, 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, $130,000,000, to remain available until
expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and other
natural disasters and support emergency operations, repairs, and other
activities in response to such disasters as authorized by law,
$30,000,000, to remain available until expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
United States Army Corps of Engineers and the offices of the Division
Engineers; and for the management and operation of the Humphreys
Engineer Center Support Activity, the Institute for Water Resources,
the United States Army Engineer Research and Development Center, and
the United States Army Corps of Engineers Finance Center, $185,000,000,
to remain available until expended, of which not to exceed $5,000 may
be used for official reception and representation purposes and only
during the current fiscal year: Provided, That no part of any other
appropriation provided in title I of this Act shall be available to
fund the civil works activities of the Office of the Chief of Engineers
or the civil works executive direction and management activities of the
division offices: Provided further, That any Flood Control and Coastal
Emergencies appropriation 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.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for 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. (a) None of the funds provided in title I of this Act, or
provided by previous appropriations Acts to the agencies or entities
funded in title I of this Act that remain available for obligation or
expenditure in fiscal year 2011, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the House and
Senate Committees on Appropriations;
(4) proposes to uses funds directed for a specific activity
for a different purpose, unless prior approval is received from
the House and Senate Committees on Appropriations;
(5) augments or reduces existing programs, projects or
activities in excess of the amounts contained in subsections 6
through 10, unless prior approval is received from the House
and Senate Committees on Appropriations;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit of
$150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000: Provided further, That up to $25,000 may be
reprogrammed to continue ongoing work on any program, project,
or activity that did not receive an appropriation for existing
obligations and concomitant administrative expenses;
(7) Construction.--For a base level over$2,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming
limit is $300,000: Provided further, That up to $3,000,000 may
be reprogrammed for settled contractor claims, changed
conditions, or real estate deficiency judgments: Provided
further, That up to $300,000 may be reprogrammed into
continuing any study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted in order for the Corps to be able to
respond to emergencies: Provided, That the Chief of Engineers
must notify the House and Senate Committees on Appropriations
of these emergency actions as soon thereafter as practicable:
Provided further, That for a base level over $1,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$5,000,000 per project, study or activity is allowed: Provided
further, That for a base level less than $1,000,000, the
reprogramming limit is $150,000: Provided further, That up to
$150,000 may be reprogrammed into continuing any study or
activity that did not receive an appropriation;
(9) Mississippi river and tributaries.--The same
reprogramming guidelines as provided in subsections 6 through 8
above apply to the Investigations, Construction, and Operation
and Maintenance portions of the Mississippi River and
Tributaries Account; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.
(b) De Minimis Reprogrammings.--In no case should a reprogramming
for less than $50,000 be submitted to the House and Senate Committees
on Appropriations.
(c) Continuing Authorities Program.--Subsection (a)(1) shall not
apply to any project or activity funded under the continuing
authorities program.
(d) Not later than 60 days after the date of enactment of this Act,
the Corps of Engineers shall submit a report to the House and Senate
Committees on Appropriations to establish the baseline for application
of reprogramming and transfer authorities for the current fiscal year:
Provided, That the report shall include:
(1) A table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. None of the funds in this Act, or previous Acts, making
funds available to the Corps, shall be used to implement any pending or
future competitive sourcing actions under OMB Circular A-76 or High
Performing Organizations for the U.S. Army Corps of Engineers.
Sec. 103. None of the funds in this Act, or previous Acts, making
funds available to the Corps, 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 this Fund sufficient to meet the cost-sharing
authorized in the Water Resources Development Act of 1986 (Public Law
99-662), is enacted.
Sec. 104. Within 120 days of the date of the Chief of Engineers
Report on a water resource matter, the Assistant Secretary of the Army
(Civil Works) shall submit the report to the appropriate authorizing
and appropriating committees of the Congress.
Sec. 105. During the 1-year period beginning on the date of
enactment of this Act, the Secretary of the Army shall implement
measures recommended in the efficacy study, or provided in interim
reports, authorized under section 3061 of the Water Resources
Development Act of 2007 (121 Stat. 1121), with such modifications or
emergency measures as the Secretary of the Army determines to be
appropriate, to prevent aquatic nuisance species from bypassing the
Chicago Sanitary and Ship Canal Dispersal Barrier Project referred to
in that section and to prevent aquatic nuisance species from dispersing
into the Great Lakes and such emergency measures as the Secretary of
the Army determines to be appropriate to prevent such species from
dispersing into the Great Lakes by way of any other hydrologic
connections between the Great Lakes and the Mississippi River.
Sec. 106. That portion of the project for navigation, Block Island
Harbor of Refuge, Rhode Island adopted by the Rivers and Harbors Act of
July 11, 1870, consisting of the cut-stone breakwater lining the west
side of the Inner Basin: Beginning at a point with coordinates
N32579.55, E312625.53, thence running northerly about 76.59 feet to a
point with coordinates N32655.92, E312631.32, thence running northerly
about 206.81 feet to a point with coordinates N32858.33, E312673.74,
thence running easterly about 109.00 feet to a point with coordinates
N32832.15, E312779.54, shall no longer be authorized after the date of
enactment of this Act.
rural utah
Sec. 107. Section 595(a)(2) of the Water Resources Development Act
of 1999 (113 Stat. 383; 117 Stat. 1836) is amended--
(1) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) the portions of Utah County and Weber
Counties that are located outside of a political
subdivision, the population of which is greater than
10,000 residents.''.
Sec. 108. Section 595 of the Water Resources Development Act of
1999 (113 Stat. 383; 117 Stat. 1836; 118 Stat. 440), as amended by
section 5067 of the Water Resources Development Act of 2007 (121 Stat.
1219), is amended in subsection (h) by striking ``150,000,000 for rural
Nevada'' and inserting ``$200,000,000 for rural Nevada''.
Sec. 109. (a) Acquisition.--The Secretary is authorized to acquire
any real property and associated real property interests in the
vicinity of Hanover, New Hampshire as may be needed for the Engineer
Research and Development Center laboratory facilities at the Cold
Regions Research and Engineering Laboratory.
(b) Revolving Fund.--The Secretary is authorized to use the
Revolving Fund (33 U.S.C. 576) through the Plant Replacement and
Improvement Program to acquire the real property and associated real
property interests in subsection (a). The Secretary shall ensure that
the Revolving Fund is appropriately reimbursed from the benefitting
appropriations.
(c) Right of First Refusal.--The Secretary may provide the seller
of any real property and associated property interests identified in
subsection (a)--
(1) a right of first refusal to acquire such property, or
any portion thereof, in the event the property, or any portion
thereof, is no longer needed by the Department of the Army.
(2) a right of first refusal to acquire any real property
or associated real property interests acquired by condemnation
in Civil Action No. 81-360-L, in the event the property, or any
portion thereof, is no longer needed by the Department of the
Army.
(3) The purchase of any property by the seller exercising
either right of first refusal authorized in this section shall
be for consideration acceptable to the Secretary and shall be
for not less than fair market value at the time the property
becomes available for purchase. The right of first refusal
authorized in this section shall not inure to the benefit of
the Seller's successors or assigns.
(d) Disposal.--The Secretary of the Army is authorized to dispose
of any property or associated real property interests that are subject
to the exercise of the right of first refusal as set forth herein.
Sec. 110. The Secretary of the Army, acting through the Chief of
Engineers, is authorized, using amounts available in the Revolving Fund
established by section 101 of the Act of July 27, 1953, chap. 245 (33
U.S.C. 576), to construct a Ship/Tow Simulator building, an Engineer
Research and Development Center headquarters building, and a Modular
Hydraulic Flume building, and to purchase real estate, perform
construction, and make facility, utility, street, road, and
infrastructure improvements to the Engineer Research and Development
Center's installations and facilities. The Secretary shall ensure that
the Revolving Fund is appropriately reimbursed from the benefitting
appropriations.
Sec. 111. Section 3113 of the Water Resources Development Act,
2007 (121 Stat. 1041) is amended by striking all after the words
``total cost of'' and inserting in lieu thereof the following:
``$38,800,000, with an estimated Federal cost of $25,220,000 and an
estimated non-Federal cost of $13,580,000.''
Sec. 112. The boundaries of the project referred to as ``Des
Moines Recreational River and Greenbelt, Iowa'' in the Supplemental
Appropriations Act, 1985 (99 Stat. 313) are hereby expanded to include
the entirety of sections 19 and 29, situated in T89N, R28W.
Sec. 113. That portion of the project of navigation, Chicago
Harbor, Illinois, authorized by the River and Harbor Acts of March 3,
1899 and March 2, 1919, and that begins at the southwest corner of the
Metropolitan Sanitary District of Greater Chicago sluice gate that
abuts the north wall of the Chicago River Lock and that continues north
for approximately 290 feet, thence east approximately 1,000 feet, then
south approximately 290 feet, thence west approximately 1,000 feet to
the point of beginning shall no longer be authorized as of the date of
enactment of this Act.
devils lake, north dakota, long-term maintenance and repair
Sec. 114. (a) The Secretary shall assume responsibility for the
long-term maintenance and repair of the major flood damage reduction
features constructed by the Corps of Engineers at Devils Lake, North
Dakota. The City of Devils Lake, North Dakota, shall be responsible for
all costs of operation and maintenance other than those defined as
Long-Term Maintenance and Repair in subsection (b) below.
(b) Long-Term Maintenance and Repair consists of replacing,
reconstructing, or rehabilitating major flood damage reduction features
such as embankments, pump stations, pumps and gate wells that: (1) have
become dilapidated or in need of repair as a result of the passage of
time or ordinary wear and tear; or (2) have been damaged or destroyed
by wind, wave, or water action of other than an ordinary nature when,
in the discretion of the Secretary, such replacement, reconstruction,
or rehabilitation is warranted for the continued functioning of the
flood damage reduction project at Devils Lake.
Sec. 115. Section 111 of title I of division C of the Consolidated
Appropriations Act, 2005 (118 Stat. 2944) as amended by section 3001 of
Public Law 110-114 is further amended by adding the following before
```(c) Authorization of Appropriations.''':
```(3) may grant to the City of Tuscaloosa a long term
lease or license agreement for any portion of the Parcel not
required for construction of the new administrative facility
under subsection (a)(2)(c) until such time as the City of
Tuscaloosa is prepared to take fee simple title per the
provisions of subsection (b)(2).'''.
Sec. 116. Section 333 of the Water Resources Development Act of
1996 (110 Stat. 3718) is further amended to read as follows:
(1) by striking subsection (b) and inserting the following
in lieu thereof:
``(b) Lands individually acquired by the Secretary under this
section for flood protection and flood management in the Passaic River
Basin are to held by the Secretary and the non-Federal sponsor as
tenants in common with, thereafter, any interest held by the Secretary
in such lands to be transferred by Quitclaim Deed to the Non-Federal
Sponsor for consideration as is necessary to render the project cost-
sharing percentages to be in compliance with section 903(c) of the
Water Resources Development Act of 1986 (33 U.S.C. 2213) and such other
law as may be applicable.''; and
(2) inserting the following as a new subsection (e):
``(e) Funds for Land Acquisition.--Funds for acquiring such lands
as are necessary in carrying out the requirements of this section and
requirements as further recommended by the Secretary shall include
funds as provided in subsection (c) and (d) of this section herein and
also funds as previously appropriated with any and all such funds to be
held by the Secretary for use in acquiring the requisite lands in
proportion to the project cost-sharing percentages.''.
Sec. 117. (a) The Federal share of the cost of any environmental
infrastructure assistance project or program for which an initial
appropriation is provided in this Act or any other Act providing
appropriations for Energy and Water Development for fiscal year 2011
shall be 55 percent of the total cost of the project or program.
(b) Any cost-sharing agreement executed on or before October 1,
2011 for an environmental infrastructure assistance project or program
that is modified during fiscal year 2012 shall also include a
modification specifying that the Federal share of the cost of the
project or program is 55 percent of all future costs of the project or
program.
(c) Any cost-sharing agreement in effect as of October 1, 2012 for
which the Federal share of the cost is greater than 55 percent shall be
modified to reduce the Federal cost share to 55 percent of all future
costs.
(d) Except as provided in subsections (b) and (c) of this section,
as of October 1, 2012, the Federal share of the cost of any
environmental infrastructure assistance project or program shall be 55
percent of the total cost of the project or program.
Sec. 118. Section 3182 of Public Law 110-114 is amended as follows
by inserting a new subparagraph (k) and redesignating the existing
subparagraph (k) as subparagraph (l):
``(k) St. Charles County, Missouri.--
``(1) Definitions.--In this subsection, the following
definitions apply:
``(A) Federal land.--The term `Federal land' means
the 1 parcel of Corps of Engineers land totaling
approximately 84 acres, located U.S. Survey No. 1838,
Township 48 North, Range 6 East.
``(B) Non-federal land.--The term `non-Federal
land' means the approximately 70 acres of land, subject
to any existing easements situated in Jersey County,
Illinois, adjacent to existing Corps fee title land.
``(2) Land exchange.--Subject to paragraph (3), on
conveyance by Ameren U.E. to the United States of all right,
title, and interest in and to the non-Federal land, the
Secretary shall convey to Ameren U.E., all right, title, and
interest of the United States in and to the Federal land.
``(3) Conditions.--
``(A) Deeds.--
``(i) Non-federal land.--The conveyance of
the non-Federal land to the Secretary shall be
by a warranty deed acceptable to the Secretary.
``(ii) Federal land.--The conveyance of the
Federal land to Ameren U.E., shall be--
``(I) by quitclaim deed; and
``(II) subject to any reservations,
terms, and conditions that the
Secretary determines to be necessary to
allow the United States to operate and
maintain the Mississippi River 9-Foot
Navigation Project.
``(iii) Legal descriptions.--The Secretary
shall provide a legal description of the
Federal land, and Ameren U.E., shall provide a
legal description of the non-Federal land, for
inclusion in the deeds referred to in clauses
(i) and (ii).
``(B) Removal of improvements.--
``(i) In general.--The Secretary may
require the removal of, or Ameren U.E., may
voluntarily remove, any improvements to the
non-Federal land before the completion of the
exchange or as a condition of the exchange.
``(ii) No liability.--If Ameren U.E.,
removes any improvements to the non-Federal
land under clause (i)--
``(I) Ameren U.E., shall have no
claim against the United States
relating to the removal; and
``(II) the United States shall not
incur or be liable for any cost
associated with the removal or
relocation of the improvements.
``(C) Administrative costs.--The Secretary shall
require Ameren U.E. to pay reasonable administrative
costs associated with the exchange.
``(D) Cash equalization payment.--If the appraised
fair market value, as determined by the Secretary, of
the Federal land exceeds the appraised fair market
value, as determined by the Secretary, of the non-
Federal land, Ameren U.E. shall make a cash
equalization payment to the United States.
``(E) Deadline.--The land exchange under
subparagraph (B) shall be completed not later than 2
years after the date of enactment of this Act.''.
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, $43,004,000, to remain available until expended, of
which $2,500,000 shall be deposited into the Utah Reclamation
Mitigation and Conservation Account for use by the Utah Reclamation
Mitigation and Conservation Commission, and of which $1,694,000 for
necessary expenses incurred in carrying out related responsibilities of
the Secretary of the Interior. For fiscal year 2011, 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, $938,600,000, to remain available until expended, of which
$11,746,000 shall be available for transfer to the Upper Colorado River
Basin Fund and $8,627,000 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: Provided,
That such transfers may be increased or decreased within the overall
appropriation under this heading: Provided further, That of the total
appropriated, the amount for program activities that can be financed by
the Reclamation Fund or the Bureau of Reclamation special fee account
established by 16 U.S.C. 460l-6a(i) shall be derived from that Fund or
account: Provided further, That funds contributed under 43 U.S.C. 395
are available until expended for the purposes for which contributed:
Provided further, That funds advanced under 43 U.S.C. 397a shall be
credited to this account and are available until expended for the same
purposes as the sums appropriated under this heading: Provided, That
the funds provided herein for the St. Mary Storage Unit facilities,
Milk River Project, Montana, shall be used on a nonreimbursible basis:
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 of the amounts provided herein, funds may be used
for high priority projects which shall be carried out by the Youth
Conservation Corps, as authorized by 16 U.S.C. 1706.
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, $49,915,000, 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, $40,000,000, 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 programwide 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 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.
General Provisions--Department of the Interior
Sec. 201. (a) None of the funds provided in title II of this Act
for Water and Related Resources, or provided by previous appropriations
Acts to the agencies or entities funded in title II of this Act for
Water and Related Resources that remain available for obligation or
expenditure in fiscal year 2011, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) initiates or creates 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,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate;
(5) transfers funds in excess of the following limits,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate:
(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, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate; or
(7) transfers, where 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, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate.
(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. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of
California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator
of the Environmental Protection Agency, to minimize any detrimental
effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program-
Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203. None of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the salaries and
expenses of personnel to purchase or lease water in the Middle Rio
Grande or the Carlsbad Projects in New Mexico unless said purchase or
lease is in compliance with the purchase requirements of section 202 of
Public Law 106-60.
Sec. 204. Funds under this title for Drought Emergency Assistance
shall be made available primarily for leasing of water for specified
drought related purposes from willing lessors, in compliance with
existing State laws and administered under State water priority
allocation.
Sec. 205. Section 529(b)(3) of Public Law 106-541 is amended by
striking ``$20,000,000'' and inserting ``$30,000,000'' in lieu thereof.
Sec. 206. (a) Notwithstanding any other provision of law, of
amounts made available under section 2507 of the Farm Security and
Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107-171),
the Secretary of the Interior, acting through the Commissioner of
Reclamation, shall allocate--
(1) $11,300,000 to the Bureau of Indian Affairs, of which--
(A) $7,400,000 shall be for the participation by
the Walker River Paiute Tribe in the settlement of
surface water rights in the Walker River Basin,
including water associated with the Walker River Indian
Reservation;
(B) $1,000,000 shall be for the Walker River Paiute
Tribe for legal and professional services in support of
settling tribal water claims in the Walker River Basin;
and
(C) $2,900,000 shall be for the acquisition of
property upstream from and adjacent to the Reservation,
title to which shall be taken in the name of the United
States to be held in trust for the Tribe, and shall be
added to the Reservation and appurtenant water rights
which shall be used for the benefit of Walker Lake;
(2) $2,500,000 to the Federal Water Master of the Walker
River, Nevada, for water monitoring and measurement improvement
in the Walker River Basin;
(3) $3,080,000 to the Environmental Protection Agency, to
provide funding relating to the Anaconda Mine site in Lyon
County, Nevada, of which--
(A) $750,000 shall be for groundwater testing for
Arimetco portions of the site; and
(B) $2,330,000 shall be for a pilot closure of an
Arimetco heap leach pad;
(4) $6,250,000 to provide grants of equal amounts to the
State of Nevada, the State of California, the Truckee Meadows
Water Authority, the Pyramid Lake Paiute Tribe, and the Federal
Water Master of the Truckee River to implement the Truckee-
Carson-Pyramid Lake Water Rights Settlement Act (title II of
Public Law 101-618; 104 Stat. 3294);
(5) $5,000,000 to be divided equally by the City of
Fernley, Nevada, and the Pyramid Lake Paiute Tribe for joint
planning and development activities for water, wastewater, and
sewer facilities;
(6) $17,200,000 to the Pyramid Lake Paiute Tribe for the
benefit of the Truckee River and Pyramid Lake, of which--
(A) $10,000,000 shall be used for 1 or more of--
(i) implementing the 1996 Truckee River
Water Quality Settlement Agreement; and
(ii) implementing the Newland Project Water
Rights Fund for retirement of Truckee River
water rights;
(B) $4,200,000 shall be used for 1 or more of--
(i) payment to the City of Fernley, with
the agreement of the City, to temporarily
transfer water rights owned by the City to the
Truckee River; and
(ii) acquisition of ground-water rights to
be traded with the City of Fernley, with the
agreement of the City, for Truckee River water
rights; and
(C) $3,000,000 to acquire interests in fee-patented
land, water rights, or surface rights to land within or
contiguous to the exterior boundaries of the Pyramid
Lake Indian Reservation;
(7) $15,000,000 to an entity selected by the Truckee
Meadows Water Authority, Washoe County, and the cities of Reno
and Sparks, Nevada, to acquire up to 6,700 acre-feet of water
rights to help implement the Truckee River Operating Agreement;
(8) $500,000 to Washoe County, Nevada, for a Regional
Strategic Initiative to develop wastewater effluent management
and reclaimed water resources;
(9) $5,000,000 to the City of Sparks, Nevada, related to
upgrading and realigning the North Truckee Drain for improved
flood control;
(10) $715,000 to the Pyramid Lake Paiute Tribe to enhance
fish reproduction in the Truckee River watershed and to develop
a water quality model for Pyramid Lake;
(11) $1,500,000 to the Specialty Crop Institute of Western
Nevada College to support alternative crops and alternative
agricultural cooperatives programs that promote water
conservation;
(12) $1,000,000 to the Desert Research Institute to monitor
reservoir evaporation and invasive species in the southwestern
United States, including work in the Walker Basin; and
(13) not more than $8,455,000 of available funds to the
United States Fish and Wildlife Service to acquire water and
water rights, with or without the land to which the rights are
appurtenant, pursuant to subsection 206(a) of the Truckee-
Carson-Pyramid Lake Water Rights Settlement Act (title II of
Public Law 101-618; 104 Stat. 3308).
(b) Section 208 of the Energy and Water Development and Related
Agencies Appropriations Act, 2010 (Public Law 111-85; 123 Stat. 2858)
is amended--
(1) in subsection (a)(1)--
(A) by striking ``$66,200,000'' and inserting
``$81,200,000''; and
(B) by inserting ``, and including associated
activities that enhance recovery of the federally
threatened Lahontan cutthroat trout'' after ``Rivers'';
and
(2) in subsection (b)(1)(B)--
(A) in clause (i)(I), after ``3-year'', by
inserting ``or longer''; and
(B) by adding at the end the following:
``(vii) $15,000,000 to be used as described
in subparagraph (A), as determined by the
National Fish and Wildlife Foundation.''.
(c) Section 208(a) of division C of the Consolidated Appropriations
Act, 2008 (Public Law 110-161; 121 Stat. 1953) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by adding ``and'' at the
end;
(B) by striking subsections (D) and (E); and
(C) by redesignating subparagraph (F) as
subparagraph (D); and
(2) in paragraph (3), by striking ``restoration efforts at
the Summit Lake in Northern Washoe County'' and inserting
``restoration and environmental protection efforts at the
Summit Lake in Humboldt County''.
(d) Notwithstanding this section or any amendment made by this
section, the Commissioner of Reclamation may retain sufficient amounts
from funds allocated to the Commissioner to administer all financial
assistance agreements under the Desert Terminal Lakes program under
section 2507 of the Farm Security and Rural Investment Act of 2002 (43
U.S.C. 2211 note; Public Law 107-171).
Sec. 207. The Secretary of the Interior may extend the contract
for water services between the United States and the East Bench
Irrigation District, numbered 14-06-600-3593, until the earlier of--
(1) the date that is 2 years after the date on which the
contract would have expired if this Act had not been enacted;
or
(2) the date on which a new long-term contract is executed
by the parties to the contract.
Sec. 208. The Secretary of the Interior is hereby directed,
through the Commissioner of Reclamation, to amend or re-issue Seasonal
Recreation Use Permits for the Northside Trailer Areas 1 and 2 and
Southside Trailer Area around Heart Butte Reservoir (Lake Tschida) in
North Dakota to extend the valid time period for those permits from the
current 12 years to 20 years, to be measured from the date of original
issuance, April 3, 2010. The amended or re-issued permits shall contain
language ensuring the affected permits are fully transferrable for the
full 20-year period.
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, $2,287,800,000 to
remain available until expended: Provided, That $170,000,000 shall be
available until September 20, 2012 for program direction: Provided
further, That, of the amount appropriated in this paragraph,
$147,600,000 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 United States Senate to accompany this Act.
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity delivery and energy reliability
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $190,180,000 to
remain available until expended: Provided, That $29,049,000 shall be
available until September 30, 2012 for program direction: Provided
further, That, of the amount appropriated in this paragraph, $4,250,000
shall be used for projects specified in the table that appears under
the heading ``Congressionally Directed Electricity Delivery and Energy
Reliability Projects'' in the report of the Committee on Appropriations
of the United States Senate to accompany this Act: Provided further,
That notwithstanding section 3304 of title 5, United States Code, and
without regard to the provisions of sections 3309 through 3318 of such
title 5, the Secretary of Energy, upon a determination that there is a
severe shortage of candidates or a critical hiring need for particular
positions, may from within the funds provided, recruit and directly
appoint highly qualified individuals into the competitive service:
Provided further, That such authority shall not apply to positions in
the Excepted Service or the Senior Executive Service: Provided
further, That any action authorized herein shall be consistent with the
merit principles of section 2301 of such title 5, and the Department
shall comply with the public notice requirements of section 3327 of
such title 5.
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 9 buses,
all for replacement only, $783,170,000 to remain available until
expended: Provided, That $91,452,000 shall be available until September
30, 2012 for program direction: Provided further, That, of the amount
appropriated in this paragraph, $7,400,000 shall be used for projects
specified in the table that appears under the heading ``Congressionally
Directed Nuclear Energy Projects'' in the report of the Committee on
Appropriations of the United States Senate to accompany this Act.
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), $725,950,000 to remain available
until expended: Provided, That $170,300,000 shall be available until
September 30, 2012 for program direction: Provided further, That, of
the amount appropriated in this paragraph, $19,950,000 shall be used
for projects specified in the table that appears under the heading
``Congressionally Directed Fossil Energy Projects'' in the report of
the Committee on Appropriations of the United States Senate to
accompany this Act.
Naval Petroleum and Oil Shale Reserves
For expenses necessary to carry out naval petroleum and oil shale
reserve activities, $23,614,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, unobligated
funds remaining from prior years shall be available for all naval
petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities pursuant
to the Energy Policy and Conservation Act of 1975, (42 U.S.C. 6201 et
seq.), $209,861,000, 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, $11,300,000, to remain available until
expended.
Energy Information Administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $119,000,000, 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, $244,163,000, 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 of title II of the Atomic Energy Act of 1954, and title X,
subtitle A, of the Energy Policy Act of 1992, $550,000,000 to be
derived from the Uranium Enrichment Decontamination and Decommissioning
Fund, to remain available until expended.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 57 passenger motor vehicles,
56 of which are for replacement only, including two law enforcement
vehicles, two ambulances, and two buses, $5,012,000,000, to remain
available until expended: Provided, That $208,000,000 shall remain
available until September 30, 2012 for program direction: Provided
further, That, of the amount appropriated in this paragraph,
$40,800,000 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 United States
Senate to accompany this Act.
advanced research projects agency--energy
For necessary expenses in carrying out the activities authorized by
section 5012 of the America COMPETES Act (Public Law 110-69),
$200,000,000, to remain available until expended: Provided, That
$26,566,000 shall remain available until September 30, 2012 for program
direction.
Title 17 Innovative Technology Loan Guarantee Program
(including rescission of funds)
Subject to section 502 of the Congressional Budget Act of 1974,
commitments to guarantee loans for nuclear power facilities under title
XVII of the Energy Policy Act of 2005 shall not exceed a total
principal amount of $17,000,000,000, to remain available until
committed: Provided, That these amounts are in addition to authorities
provided in any other Act: Provided further, That for amounts
collected pursuant to section 1702(b)(2) of the Energy Policy Act of
2005, the source of such payment received from borrowers is not a loan
or other debt obligation that is guaranteed by the Federal Government:
Provided further, That pursuant to section 1702(b)(2) of the Energy
Policy Act of 2005, no appropriations are available to pay the subsidy
cost of such guarantees for nuclear power facilities: Provided
further, That none of the loan guarantee authority made available in
this Act shall be available for commitments to guarantee loans for any
projects where funds, personnel, or property (tangible or intangible)
of any Federal agency, instrumentality, personnel or affiliated entity
are expected to be used (directly or indirectly) through acquisitions,
contracts, demonstrations, exchanges, grants, incentives, leases,
procurements, sales, other transaction authority, or other
arrangements, to support the project or to obtain goods or services
from the project: Provided further, That the previous provision shall
not be interpreted as precluding the use of the loan guarantee
authority in this Act for commitment to guarantee loans for projects as
a result of such projects benefitting from (a) otherwise allowable
Federal income tax benefits; (b) being located on Federal land pursuant
to a lease or right-of-way agreement for which all consideration for
all uses is (i) paid exclusively in cash, (ii) deposited in the
Treasury as offsetting receipts, and (iii) equal to the fair market
value as determined by the head of the relevant Federal agency; (c)
Federal insurance programs, including Price-Anderson; or (d) for
electric generation projects, use of transmission facilities owned or
operated by a Federal Power Marketing Administration or the Tennessee
Valley Authority that have been authorized, approved, and financed
independent of the project receiving the guarantee: Provided further,
That none of the loan guarantee authority made available in this Act
shall be available for any project unless the Director of the Office of
Management and Budget has certified in advance in writing that the loan
guarantee and the project comply with the provisions under this title:
Provided further, That for the cost of loan guarantees for renewable
energy under section 1703 of the Energy Policy of 2005, $380,000,000 is
appropriated, to remain available until expended: Provided further,
That of the authority provided for commitments to guarantee loans under
this heading in title III, division C, Public Law 111-8,
$14,000,000,000 is hereby rescinded: Provided further, That an
additional amount for necessary administrative expenses to carry out
this Loan Guarantee program, $58,000,000 is appropriated, to remain
available until expended: Provided further, That $58,000,000 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 2011 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 Loan Program
For administrative expenses in carrying out the Advanced Technology
Vehicles Manufacturing Loan Program, $9,998,000, 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 $15,000; $288,872,000, to
remain available until September 30, 2012, 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 2011 may be retained and used for
operating expenses within this account, and shall remain available
until September 30, 2012, 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 2011, and any related
appropriated receipt account balances remaining from prior years'
miscellaneous revenues, so as to result in a final fiscal year 2011
appropriation from the general fund estimated at not more than
$169,132,000.
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,
$42,850,000, to remain available until September 30, 2012.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, the purchase of not
to exceed one ambulance and one aircraft; $7,018,835,000, to remain
available until expended: Provided, That of the funds appropriated
under this heading, $30,000,000 is directed for the 09-D-007 LANSCE
Refurbishment, Los Alamos National Laboratory, Los Alamos, New Mexico.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed one passenger motor vehicle for replacement only,
$2,612,167,000, to remain available until expended.
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, $1,040,486,000,
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,$438,267,000, to
remain available until September 30, 2012
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
(including transfer of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed two ambulances and one fire truck for replacement only,
$5,262,838,000, to remain available until expended, of which
$33,700,000 shall be transferred to the ``Uranium Enrichment
Decontamination and Decommissioning Fund'': Provided, That $355,000,000
shall remain available until September 30, 2012 for program direction.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and the purchase of not to exceed 10 passenger motor
vehicles for replacement only, $866,317,000, to remain available until
expended: Provided, That $120,244,000 shall be available until
September 30, 2012 for program direction: Provided further, That of the
amount appropriated in this paragraph, $2,000,000 shall be used for
projects specified in the table that appears under the heading
``Congressionally Directed Other Defense Activities Projects'' in the
report of the Committee on Appropriations of the United States Senate
to accompany this Act.
POWER MARKETING ADMINISTRATION
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to 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 $7,000. During fiscal year 2011, no new direct
loan obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy,
including transmission wheeling and ancillary services pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, $8,034,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302 and section 5
of the Flood Control Act of 1944, up to $8,034,000 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 2011 appropriation estimated at not
more than $0: Provided further, That, notwithstanding 31 U.S.C. 3302,
up to $74,157,000 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 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, $46,312,000, 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 $33,613,000 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 2011 appropriation
estimated at not more than $12,699,000: Provided further, That,
notwithstanding 31 U.S.C. 3302, up to $39,000,000 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 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; $285,864,000 to remain
available until expended, of which $277,430,000 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 $180,306,000 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 2011 appropriation
estimated at not more than $105,558,000, of which $97,124,000 is
derived from the Reclamation Fund: Provided further, That of the
amount herein appropriated, $7,627,000 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
$350,919,000 collected by the Western Area Power Administration
pursuant to the Flood Control Act of 1944 and the Reclamation Project
Act of 1939 to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain available
until expended for the sole purpose of making purchase power and
wheeling expenditures: 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, $3,715,000, 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
(68 Stat. 255): Provided, That notwithstanding the provisions of that
Act and of 31 U.S.C. 3302, up to $3,495,000 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
2011 appropriation estimated at not more than $220,000: 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,$315,600,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, not to exceed $315,600,000
of revenues from fees and annual charges, and other services and
collections in fiscal year 2011 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 2011 so as to result in a final fiscal year 2011 appropriation
from the general fund estimated at not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
Sec. 301. (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 $5,000,000 or 10 percent, whichever is less; or
(6) reduces funds for any program, project, or activity by
more than $5,000,000 or 10 percent, whichever is less;
(b) The Secretary of Energy may waive this restriction on
reprogramming under subsection (a) for reasons of national security,
safety and health, environmental risk, or to accomplish project
completion. In instances involving the National Nuclear Security
Administration, the Secretary and the Administrator must jointly waive
the restriction.
Sec. 302. None of the funds made available in this title may be
used to prepare or initiate Requests For Proposals (RFPs) or similar
arrangements (including but not limited to: Requests for Quotations
(RFQs), Requests for Information (RFIs), Funding Opportunity
Announcements (FOAs), etc.) for a program or activity if the program or
activity has not been funded by Congress.
Sec. 303. None of the funds appropriated by this Act may be used--
(1) to augment the funds made available for obligation by
this Act for severance payments and other benefits and
community assistance grants under section 4604 of the Atomic
Energy Defense Act (50 U.S.C. 2704) unless the Department of
Energy submits a reprogramming request to the appropriate
congressional committees; or
(2) to provide enhanced severance payments or other
benefits for employees of the Department of Energy under such
section; or
(3) develop or implement a workforce restructuring plan
that covers employees of the Department of Energy.
Sec. 304. 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. 305. 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 2011 until the enactment of the Intelligence
Authorization Act for fiscal year 2011.
Sec. 306. (a) In any fiscal year in which 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 1 percent from each appropriation made
available in this and subsequent Energy and Water Development
Appropriation Acts to any other appropriation available to the
Secretary in the same Act for such reimbursements.
(b) Where the Secretary recovers the costs of defined benefit
pension plans for contractor employees through charges for the indirect
costs of research and activities at facilities of the Department of
Energy, if the indirect costs attributable to defined benefit pension
plan costs in a fiscal year are more than charges in fiscal year 2008,
the Secretary shall carry out a transfer of funds under this section.
(c) 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 the Power Marketing Administrations, the title XVII
loan guarantee program, and the Federal Energy Regulatory Commission,
shall not be subject to this requirement.
(d) Each January, the Secretary shall report to the Committees on
Appropriations of the House of Representatives and the Senate on the
state of defined benefit pension plan liabilities in the Department for
the preceding year.
(e) This transfer authority does not apply to supplemental
appropriations, and is in addition to any other transfer authority
provided in this or any other Act. The authority provided under this
section shall expire on September 30, 2015.
(f) 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. 307. Plant or construction projects for which amounts are
made available under this and subsequent appropriation Acts with a
current estimated cost of less than $10,000,000 are considered for
purposes of section 4703 of Public Law 107-314 as a plant project for
which the approved total estimated cost does not exceed the minor
construction threshold and for purposes of section 4704 of Public Law
107-314 as a construction project with a current estimated cost of less
than a minor construction threshold.
Sec. 308. None of the funds made available by this Act may be used
to make a grant allocation, discretionary grant award, discretionary
contract award, 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 award, including a contract covered by the
Federal Acquisition Regulation, unless the Secretary of Energy notifies
the Committees on Appropriations of the Senate and the House of
Representatives at least 3 full business days in advance of making such
an award or issuing such a letter: Provided, That if the Secretary of
the Department 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 notification and the Committees on
Appropriations of the Senate and the House of Representatives shall be
notified not later than 5 full business days after such an award is
made or letter issued: Provided further, That purchases of power or
transmission services made by the federal Power Marketing
Administrations shall not be subject to the notification requirements
of this section.
Sec. 309. (a) Notwithstanding any other provision of law, no funds
appropriated in this Act, or any other act, may be used in fiscal year
2011 to transfer, sell, barter, distribute, or otherwise provide more
than 3.3 million pounds of natural uranium equivalent of uranium in any
form from the Department's inventory.
(b) Any transfer, sale, barter, distribution, or other provision of
uranium in any form under subsection (a) shall be carried out
consistent with the Department's Excess Uranium Inventory Management
Plan, dated December 16, 2008.
(c) The prohibition in subsection (a) shall not apply to the
transfer, sale, barter, distribution, or provision of uranium in any
form for use in initial reactor cores.
(d) Not less than 30 days prior to the provision of uranium in any
form in accordance with this section, the Secretary shall notify the
House and Senate Committees on Appropriations, including:
(1) the amount of uranium to be bartered;
(2) the estimated market value of the uranium;
(3) the expected date of provision of the uranium; and
(4) the recipient of the uranium.
Sec. 310. None of the funds made a available in this title may be
used to make a final or conditional loan guarantee award unless the
Secretary of Energy provides notification of the award, including the
proposed subsidy cost, to the Committees on Appropriations of the
Senate and the House of Representatives at least 3 full business days
in advance of such award.
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.
Defense Nuclear Facilities Safety Board
salaries and expenses
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $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 said 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: Provided, That funds shall be
available for construction projects in an amount not to exceed 80
percent of total project cost for distressed communities, as defined by
section 307 of the Denali Commission Act of 1998 (division C, title
III, Public Law 105-277), as amended by section 701 of appendix D,
title VII, Public Law 106-113 (113 Stat. 1501A-280), and an amount not
to exceed 50 percent for nondistressed communities.
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), $1,053,483,000, to remain available until expended: Provided,
That of the amount appropriated herein, $10,000,000 shall be derived
from the Nuclear Waste Fund: Provided further, That revenues from
licensing fees, inspection services, and other services and collections
estimated at $915,220,000 in fiscal year 2011 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 2011 so
as to result in a final fiscal year 2011 appropriation estimated at not
more than $138,263,000: Provided further, That of the amounts
appropriated, $10,000,000 is provided to support university research
and development in areas relevant to their respective organization's
mission, and $5,000,000 is to support a Nuclear Science and Engineering
Grant Program that will support multiyear projects that do not align
with programmatic missions but are critical to maintaining the
discipline of nuclear science and engineering.
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $10,860,000, to remain available until expended: Provided,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $9,774,000 in fiscal year 2011
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 2011 so as to result
in a final fiscal year 2011 appropriation estimated at not more than
$1,086,000.
Nuclear Waste Technical Review Board
salaries and expenses
For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $3,891,000, 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, $4,285,000 until expended: Provided,
That any fees, charges, or commissions received pursuant to section 802
of Public Law 110-140 in fiscal year 2011 in excess of $4,683,000 shall
not be available for obligation until appropriated in a subsequent Act
of Congress.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may be used
in any way, directly or indirectly, to influence congressional action
on any legislation or appropriation matters pending before Congress,
other than to communicate to Members of Congress as described in 18
U.S.C. 1913.
Sec. 502. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in this Act or any other appropriation Act.
This Act may be cited as the ``Energy and Water Development and
Related Agencies Appropriations Act, 2011''.
Calendar No. 478
111th CONGRESS
2d Session
S. 3635
[Report No. 111-228]
_______________________________________________________________________
A BILL
Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2011, and for other
purposes.
_______________________________________________________________________
July 22, 2010
Read twice and placed on the calendar