[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