[Congressional Record (Bound Edition), Volume 155 (2009), Part 15]
[Senate]
[Pages 20362-20371]
[From the U.S. Government Publishing Office, www.gpo.gov]




 ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  2010

  On Wednesday, July 29, 2009, the Senate passed H.R. 3183, as amended, 
as follows:

                               H.R. 3183

         Resolved, That the bill from the House of Representatives 
     (H.R. 3183) entitled ``An Act making appropriations for 
     energy and water development and related agencies for the 
     fiscal year ending September 30, 2010, and for other 
     purposes.'', do pass with the following amendment:
       Strike out all after the enacting clause and insert:

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2010, and for other purposes, namely:

                                TITLE I

                       CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--civil

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

                         general 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, $170,000,000, to remain 
     available until expended.

                         construction, general

       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); $1,924,000,000, 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 
     pursuant to Public Law 99-662 shall be derived from the 
     Inland Waterways Trust Fund, to cover one-half of the costs 
     of construction, replacement, rehabilitation, and expansion 
     of inland waterways projects (including only Chickamauga 
     Lock, Tennessee; Kentucky Lock and Dam, Tennessee River, 
     Kentucky; Lock and Dams 2, 3, and 4 Monongahela River, 
     Pennsylvania; 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 $18,000,000 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 $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, 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: Provided further, 
     That the Federal and non-Federal shares shall be determined 
     in accordance with the ability-to-pay provisions prescribed 
     in section 103(m) of the Water Resources Development Act of 
     1986, as amended: Provided further, That the Chief of 
     Engineers is directed to use $2,750,000 of the funds 
     appropriated herein for planning, engineering, design or 
     construction of the Grundy, Buchanan County, and Dickenson 
     County, Virginia, elements of the Levisa and Tug Forks of the 
     Big Sandy River and Upper Cumberland River Project: Provided 
     further, That the Chief of Engineers is directed to use 
     $4,000,000 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: 
     Provided further, That none of the funds made available by 
     this Act may be used to carry out any portion of the Delaware 
     River Main Channel Deepening Project identified in the 
     committee report accompanying this Act that is located in the 
     State of Delaware until the date on which the government of 
     the State of Delaware issues an applicable project permit for 
     the Delaware River Main Channel Deepening 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, 
     $340,000,000, 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 $10,000,000 
     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, $2,450,000,000, 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, as amended (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, 
     $190,000,000, to remain available until expended.

            formerly utilized sites remedial action program

       For expenses necessary to clean up contamination from sites 
     in the United States resulting from work performed as part of 
     the Nation's early atomic energy program, $140,000,000, to 
     remain available until expended.

                            general 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, $186,000,000, 
     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

[[Page 20363]]

     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 assistant secretary of the army (civil works)

       For the Office of Assistant Secretary of the Army (Civil 
     Works) as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, 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 
     2010, 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 use 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 into any continuing study 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 any continuing 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 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 
     $150,000 may be reprogrammed into any continuing study or 
     activity that did not receive an appropriation;
       (9) Mississippi river and tributaries.--The same 
     reprogramming guidelines for the Investigations, 
     Construction, and Operation and Maintenance portions of the 
     Mississippi River and Tributaries Account as listed above; 
     and
       (10) Formerly utilized sites remedial action program.--
     Reprogramming of up to 15 percent of the base of the 
     receiving project is permitted.
       (b) Continuing Authorities Program.--Subsection (a)(1) 
     shall not apply to any project or activity funded under the 
     continuing authorities program.
       (c) 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 for Energy and Water Development, 
     shall be used to implement any pending or future competitive 
     sourcing actions under OMB Circular A-76 or High Performing 
     Organizations for the U.S. Army Corps of Engineers.
       Sec. 103.  Within 90 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.

             water reallocation, lake cumberland, kentucky

       Sec. 104. (a) In General.--Subject to subsection (b), none 
     of the funds made available by this Act may be used to carry 
     out any water reallocation project or component under the 
     Wolf Creek Project, Lake Cumberland, Kentucky, authorized 
     under the Act of June 28, 1938 (52 Stat. 1215, ch. 795) and 
     the Act of July 24, 1946 (60 Stat. 636, ch. 595).
       (b) Existing Reallocations.--Subsection (a) shall not apply 
     to any water reallocation for Lake Cumberland, Kentucky, that 
     is carried out subject to an agreement or payment schedule in 
     effect on the date of enactment of this Act.
       Sec. 105.  None of the funds in this Act, or previous Acts, 
     making funds available for Energy and Water Development shall 
     be used to award any continuing contract that commits 
     additional funding from the Inland Waterway Trust Fund unless 
     or until such time that a permanent solution long-term 
     mechanism to enhance revenues in the fund is enacted.
       Sec. 106.  Section 592(g) of Public Law 106-53 (113 Stat. 
     380), as amended by section 120 of Public Law 108-137 (117 
     Stat. 1837) and section 5097 of Public Law 110-114 (121 Stat. 
     1233), is further amended by striking ``$110,000,000'' and 
     inserting ``$200,000,000'' in lieu thereof.
       Sec. 107.  The project for flood control, Big Sioux River 
     and Skunk Creek, Sioux Falls, South Dakota authorized by 
     section 101(a)(28) of the Water Resources Development Act of 
     1996 (Public Law 104-303; 110 Stat. 3666), is modified to 
     authorize the Secretary to construct the project at an 
     estimated total cost of $53,500,000, with an estimated 
     Federal cost of $37,700,000 and an estimated non-Federal cost 
     of $15,800,000.
       Sec. 108.  Section 595(h) of Public Law 106-53 (113 Stat. 
     384), as amended by section 5067 of Public Law 110-114 (121 
     Stat. 1219), is further amended by--
       (1) striking the phrase ``$25,000,000 for each of Montana 
     and New Mexico'' and inserting the following language in lieu 
     thereof: ``$75,000,000 for Montana, $25,000,000 for New 
     Mexico''; and
       (2) striking ``$50,000,000'' and inserting ``$100,000,000'' 
     in lieu thereof.
       Sec. 109.  The project for flood damage reduction, Des 
     Moines and Raccoon Rivers, Des Moines Iowa, authorized by 
     section 1001(21) of the Water Resources Development Act of 
     2007 (121 Stat. 1053), is modified to authorize the Secretary 
     to construct the project at a total cost of $16,500,000 with 
     an estimated Federal cost of $10,725,000 and an estimated 
     non-Federal cost of $5,775,000.
       Sec. 110.  The project for flood damage reduction, 
     Breckenridge, Minnesota, authorized by section 320 of the 
     Water Resources Development Act of 2000 (Public Law 106-541; 
     114 Stat. 2605), is modified to authorize the Secretary to 
     construct the project at a total cost of $39,360,000 with an 
     estimated Federal cost of $25,000,000 and an estimated non-
     Federal cost of $14,360,000.
       Sec. 111.  Section 122 of title I of division D of the 
     Consolidated Appropriations Resolution, 2003 (Public Law 108-
     7; 117 Stat. 141) is amended by striking ``$10,000,000'' and 
     inserting ``$27,000,000'' in lieu thereof.
       Sec. 112.  The Secretary of the Army is authorized to carry 
     out structural and non-structural projects for storm damage 
     prevention and reduction, coastal erosion, and ice and 
     glacial damage in Alaska, including relocation of affected 
     communities and construction of replacement facilities: 
     Provided, That the non-Federal share of any project carried 
     out pursuant to this section shall be no more than 35 percent 
     of the total cost of the project and shall be subject to the 
     ability of the non-Federal interest to pay, as determined in 
     accordance with 33 U.S.C. 2213(m).
       Sec. 113.  Section 3111(1) of the Water Resources 
     Development Act, 2007 (Public Law 110-114; 121 Stat. 1041) is 
     amended by inserting after the word ``before'', the 
     following: ``, on and after''.
       Sec. 114.  The flood control project for West Sacramento, 
     California, authorized by section 101(4), Water Resources 
     Development Act, 1992, Public Law 102-580; Energy and Water 
     Development Appropriations Act, 1999, Public Law 105-245, is 
     modified to authorize the Secretary of Army, acting through 
     the Chief of Engineers, to construct the project at a total 
     cost of $53,040,000 with an estimated first Federal cost of 
     $38,355,000 and an estimated non-Federal first cost of 
     $14,685,000.

                              (rescission)

       Sec. 115.  The amount of $2,100,000 made available in 
     division C, of Public Law 111-8, under the heading 
     ``Mississippi River and Tributaries'' for site restoration of 
     the St. Johns Bayou-New Madrid Floodway, Missouri, project 
     less any funds needed for contract termination, are hereby 
     rescinded and $2,100,000 is appropriated under the heading 
     ``Mississippi River and Tributaries'' for the Mississippi 
     Channel Improvement, Arkansas, Illinois, Kentucky, Louisiana, 
     Mississippi, Missouri, and Tennessee construction project.

                              (rescission)

       Sec. 116.  The amount of $1,800,000 made available in 
     division C, of Public Law 111-8, under the heading 
     ``Construction, General'' for site restoration of the St. 
     Johns Bayou-New Madrid Floodway, Missouri, project less any 
     funds

[[Page 20364]]

     needed for contract termination, and are hereby rescinded and 
     $1,800,000 is appropriated under the heading ``Construction, 
     General'' for section 206 (Public Law 104-303), Aquatic 
     Ecosystem Restoration, as amended.

project for permanent pumps and closure structures, lake pontchartrain, 
                               louisiana

       Sec. 117. (a) Definitions.--In this section:
       (1) Project.--The term ``project'' means the project for 
     permanent pumps and closure structures at or near the 
     lakefront at Lake Pontchartrain and modifications to the 17th 
     Street, Orleans Avenue, and London Avenue canals in and near 
     the city of New Orleans that is--
       (A) authorized by the matter under the heading ``General 
     Projects'' in section 204 of the Flood Control Act of 1965 
     (Public Law 89-298; 79 Stat. 1077); and
       (B) modified by--
       (i) the matter under the heading ``flood control and 
     coastal emergencies (including rescission of funds)'' under 
     the heading ``Corps of Engineers--Civil'' under the heading 
     ``DEPARTMENT OF THE ARMY'' under the heading ``DEPARTMENT OF 
     DEFENSE--CIVIL'' of chapter 3 of title II of the Emergency 
     Supplemental Appropriations Act for Defense, the Global War 
     on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 
     120 Stat. 454);
       (ii) section 7012(a)(2) of the Water Resources Development 
     Act of 2007 (Public Law 110-114; 121 Stat. 1279); and
       (iii) the matter under the heading ``flood control and 
     coastal emergencies'' under the heading ``Corps of 
     Engineers--Civil'' under the heading ``DEPARTMENT OF THE 
     ARMY'' under the heading ``DEPARTMENT OF DEFENSE--CIVIL'' of 
     chapter 3 of title III of the Supplemental Appropriations 
     Act, 2008 (Public Law 110-252; 122 Stat. 2349).
       (2) Pumping station report.--The term ``pumping station 
     report'' means the report--
       (A) prepared by the Secretary that contains the results of 
     the investigation required under section 4303 of the U.S. 
     Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq 
     Accountability Appropriations Act, 2007 (Public Law 110-28; 
     121 Stat. 154); and
       (B) dated August 30, 2007.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army, acting through the Chief of Engineers.
       (b) Study.--
       (1) In general.--In implementing the project, not later 
     than 1 year after the date of enactment of this Act, the 
     Secretary shall complete a study of the residual risks 
     associated with the options identified as ``Option 1'', 
     ``Option 2'', and ``Option 2a'', as described in the pumping 
     station report.
       (2) Requirements.--In carrying out the study under 
     paragraph (1), the Secretary shall identify which option 
     described in that paragraph--
       (A) is most technically advantageous;
       (B) is most effective from an operational perspective in 
     providing the greatest long-term reliability in reducing the 
     risk of flooding to the New Orleans area;
       (C) is most advantageous considering the engineering 
     challenges and construction complexities of each option; and
       (D) is most cost-effective.
       (3) Independent external peer review.--
       (A) Duty of secretary.--In accordance with Section 2034 of 
     the Water Resource Development Act of 2007, the Chief shall 
     carry out an independent external peer review of--
       (i) the results of the study under paragraph (1); and
       (ii) each cost estimate completed for each option described 
     in paragraph (1).
       (B) Report.--
       (i) In general.--Not later than 90 days after the date of 
     completion of the independent external peer review under 
     subparagraph (A), in accordance with clause (ii), the 
     Secretary shall submit a report to--

       (I) the Committee on Environment and Public Works of the 
     Senate;
       (II) the Committee on Appropriations of the Senate;
       (III) the Committee on Transportation and Infrastructure of 
     the House of Representatives; and
       (IV) the Committee on Appropriations of the House of 
     Representatives.

       (ii) Contents.--The report described in clause (i) shall 
     contain--

       (I) the results of the study described in paragraph (1);
       (II) a description of the findings of the independent 
     external peer review carried out under subparagraph (A); and
       (III) a written response for any recommendations adopted or 
     not adopted from the peer review.

       (4) Suspension of certain activities.--The Secretary shall 
     suspend each activity of the Secretary that would result in 
     the design and construction of any pumping station covered by 
     the pumping station report unless the activity is consistent 
     with each option described in paragraph (1).
       (5) Feasibility report.--Within 18 months of enactment of 
     this Act, the Secretary shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report that contains a feasibility level of 
     analysis (including a cost estimate) for the project, as 
     modified under this subsection.
       (6) Funding.--In carrying out this subsection, the 
     Secretary shall use amounts made available to modify the 17th 
     Street, Orleans Avenue, and London Avenue drainage canals and 
     install pumps and closure structures at or near the lakefront 
     in the first proviso in the matter under the heading ``flood 
     control and coastal emergencies (including rescission of 
     funds)'' under the heading ``Corps of Engineers--Civil'' 
     under the heading ``DEPARTMENT OF THE ARMY'' under the 
     heading ``DEPARTMENT OF DEFENSE--CIVIL'' of chapter 3 of 
     title II of the Emergency Supplemental Appropriations Act for 
     Defense, the Global War on Terror, and Hurricane Recovery, 
     2006 (Public Law 109-234; 120 Stat. 454).

                   ten mile creek water preserve area

       Sec. 118.  Section 528(b)(3)(C)(ii) of the Water Resources 
     Development Act of 1996 (110 Stat. 3769; 121 Stat. 1270) is 
     amended--
       (1) in subclause (I), by striking ``subclause (II)'' and 
     inserting ``subclauses (II) and (III)''; and
       (2) by adding at the end the following:

       ``(III) Ten mile creek water preserve area.--The Federal 
     share of the cost of the Ten Mile Creek Water Preserve Area 
     may exceed $25,000,000 by an amount equal to not more than 
     $3,500,000, which shall be used to pay the Federal share of 
     the cost of--

       ``(aa) the completion of a post authorization change 
     report; and
       ``(bb) the maintenance of the Ten Mile Creek Water Preserve 
     Area in caretaker status through fiscal year 2013.''.
       Sec. 119.  As soon as practicable after the date of 
     enactment of this Act, from funds made available before the 
     date of enactment of this Act for the Tampa Harbor Big Bend 
     Channel project, the Secretary of the Army may reimburse the 
     non-Federal sponsor of the Tampa Harbor Big Bend Channel 
     project for the Federal share of the dredging work carried 
     out for the project.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                central utah project completion account

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

                         Bureau of Reclamation

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

                      water and related resources

                     (including transfers of funds)

       For management, development, and restoration of water and 
     related natural resources and for related activities, 
     including the operation, maintenance, and rehabilitation of 
     reclamation and other facilities, participation in fulfilling 
     related Federal responsibilities to Native Americans, and 
     related grants to, and cooperative and other agreements with, 
     State and local governments, federally recognized Indian 
     tribes, and others, $993,125,000, to remain available until 
     expended, of which $53,240,000 shall be available for 
     transfer to the Upper Colorado River Basin Fund and 
     $17,936,000 shall be available for transfer to the Lower 
     Colorado River Basin Development Fund; of which such amounts 
     as may be necessary may be advanced to the Colorado River Dam 
     Fund; of which not more than $500,000 is for high priority 
     projects which shall be carried out by the Youth Conservation 
     Corps, as authorized by 16 U.S.C. 1706: 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 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.

                central valley project restoration fund

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

[[Page 20365]]



                    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, 
     $41,000,000, to remain available until expended, of which 
     such amounts as may be necessary to carry out such activities 
     may be transferred to appropriate accounts of other 
     participating Federal agencies to carry out authorized 
     purposes: Provided, That funds appropriated herein may be 
     used for the Federal share of the costs of CALFED Program 
     management: Provided further, That the use of any funds 
     provided to the California Bay-Delta Authority for program-
     wide management and oversight activities shall be subject to 
     the approval of the Secretary of the Interior: Provided 
     further, That CALFED implementation shall be carried out in a 
     balanced manner with clear performance measures demonstrating 
     concurrent progress in achieving the goals and objectives of 
     the Program.

                       policy and administration

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

                        administrative provision

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

             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 2010, 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 9 of the Fort Peck Reservation Rural 
     Water System Act of 2000 (Public Law 106-382; 114 Stat. 1457) 
     is amended by striking ``over a period of 10 fiscal years'' 
     each place it appears in subsections (a)(1) and (b) and 
     inserting ``through fiscal year 2015''.
       Sec. 206.  Section 208(a) of the Energy and Water 
     Development Appropriations Act, 2006 (Public Law 109-103; 119 
     Stat. 2268), is amended--
       (1) in paragraph (1)--
       (A) by redesignating clauses (i) through (iv) of 
     subparagraph (B) as subclauses (I) through (IV), 
     respectively, and indenting the subclauses appropriately;
       (B) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and indenting the clauses 
     appropriately;
       (C) by striking ``(a)(1) Using'' and inserting the 
     following:
       ``(a) Action by Secretary.--
       ``(1) Provision of funds.--
       ``(A) In general.--Using'';
       (D) in subparagraph (A) (as so redesignated)--
       (i) in the matter preceding clause (i) (as so 
     redesignated), by inserting ``or the National Fish and 
     Wildlife Foundation'' after ``University of Nevada'';
       (ii) in clause (i) (as so redesignated), by striking ``, 
     Nevada; and'' and inserting a semicolon;
       (iii) in clause (ii)(IV) (as so redesignated), by striking 
     the period at the end and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(iii) to design and implement conservation and 
     stewardship measures to address impacts from activities 
     carried out--

       ``(I) under clause (i); and
       ``(II) in conjunction with willing landowners.''; and

       (E) by adding at the end the following:
       ``(B) National fish and wildlife foundation.--
       ``(i) Date of provision.--The Secretary shall provide funds 
     to the National Fish and Wildlife Foundation pursuant to 
     subparagraph (A) in an advance payment of the available 
     amount--

       ``(I) on the date of enactment of the Energy and Water 
     Development and Related Agencies Appropriations Act, 2010; or
       ``(II) as soon as practicable after that date of enactment.

       ``(ii) Requirements.--

       ``(I) In general.--Except as provided in subclause (II), 
     the funds provided under clause (i) shall be subject to the 
     National Fish and Wildlife Foundation Establishment Act (16 
     U.S.C. 3701 et seq.), in accordance with section 10(b)(1) of 
     that Act (16 U.S.C. 3709(b)(1)).
       ``(II) Exceptions.--Sections 4(e) and 10(b)(2) of the 
     National Fish and Wildlife Foundation Establishment Act (16 
     U.S.C. 3703(e), 3709(b)(2)), and the provision of subsection 
     (c)(2) of section 4 of that Act (16 U.S.C. 3703) relating to 
     subsection (e) of that section, shall not apply to the funds 
     provided under clause (i).''; and

       (2) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``paragraph (1)(A)'' and all that follows through 
     ``beneficial to--'' and inserting ``paragraph (1)(A)(i), the 
     University of Nevada or the National Fish and Wildlife 
     Foundation shall make acquisitions that the University or the 
     Foundation determines to be the most beneficial to--''; and
       (B) in subparagraph (A), by striking ``paragraph (1)(B)'' 
     and inserting ``paragraph (1)(A)(ii)''.
       Sec. 207.  Section 2507(b) of the Farm Security and Rural 
     Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107-
     171) is amended--
       (1) in paragraph (1), by striking ``or'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(3) for efforts consistent with researching, supporting, 
     and conserving fish, wildlife, plant, and habitat resources 
     in the Walker River Basin.''.
       Sec. 208. (a) Of the 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--
       (1) provide, in accordance with section 208(a)(1)(A)(i) of 
     the Energy and Water Development Appropriations Act, 2006 
     (Public Law 109-103; 119 Stat. 2268), and subject to 
     subsection (b), $66,200,000 to establish the Walker

[[Page 20366]]

     Basin Restoration Program for the primary purpose of 
     restoring and maintaining Walker Lake, a natural desert 
     terminal lake in the State of Nevada, consistent with 
     protection of the ecological health of the Walker River and 
     the riparian and watershed resources of the West, East, and 
     Main Walker Rivers; and
       (2) allocate--
       (A) acting through a nonprofit conservation organization 
     that is acting in consultation with the Truckee Meadows Water 
     Authority, $2,000,000, to remain available until expended, 
     for--
       (i) the acquisition of land surrounding Independence Lake; 
     and
       (ii) protection of the native fishery and water quality of 
     Independence Lake, as determined by the nonprofit 
     conservation organization;
       (B) $5,000,000 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 Watermaster of the Truckee River to implement the 
     Truckee-Carson-Pyramid Lake Water Rights Settlement Act 
     (Public Law 101-618; 104 Stat. 3289);
       (C) $1,500,000, 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; and
       (D) $1,000,000 to the United States Geological Survey to 
     design and implement, in consultation and cooperation with 
     other Federal departments and agencies, State and tribal 
     governments, and other water management and conservation 
     organizations, a water monitoring program for the Walker 
     River Basin.
       (b)(1) The amount made available under subsection (a)(1) 
     shall be--
       (A) used, consistent with the primary purpose set forth in 
     subsection (a)(1), to support efforts to preserve Walker Lake 
     while protecting agricultural, environmental, and habitat 
     interests in the Walker River Basin; and
       (B) allocated as follows:
       (i) $25,000,000 to the Walker River Irrigation District, 
     acting in accordance with an agreement between that District 
     and the National Fish and Wildlife Foundation--
       (I) to administer and manage a 3-year water leasing 
     demonstration program in the Walker River Basin to increase 
     Walker Lake inflows; and
       (II) for use in obtaining information regarding the 
     establishment, budget, and scope of a longer-term leasing 
     program.
       (ii) $25,000,000 to advance the acquisition of water and 
     related interests from willing sellers authorized by section 
     208(a)(1)(A)(i) of the Energy and Water Development 
     Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 
     2268).
       (iii) $1,000,000 for activities relating to the exercise of 
     acquired option agreements and implementation of the water 
     leasing demonstration program, including but not limited to 
     the pursuit of change applications, approvals, and agreements 
     pertaining to the exercise of water rights and leases 
     acquired under the program.
       (iv) $10,000,000 for associated conservation and 
     stewardship activities, including water conservation and 
     management, watershed planning, land stewardship, habitat 
     restoration, and the establishment of a local, nonprofit 
     entity to hold and exercise water rights acquired by, and to 
     achieve the purposes of, the Walker Basin Restoration 
     Program.
       (v) $5,000,000 to the University of Nevada, Reno, and the 
     Desert Research Institute--
       (I) for additional research to supplement the water rights 
     research conducted under section 208(a)(1)(A)(ii) of the 
     Energy and Water Development Appropriations Act, 2006 (Public 
     Law 109-103; 119 Stat. 2268);
       (II) to conduct an annual evaluation of the results of the 
     activities carried out under clauses (i) and (ii); and
       (III) to support and provide information to the programs 
     described in this subparagraph and related acquisition and 
     stewardship initiatives to preserve Walker Lake and protect 
     agricultural, environmental, and habitat interests in the 
     Walker River Basin.
       (vi) $200,000 to support alternative crops and alternative 
     agricultural cooperatives programs in Lyon County, Nevada, 
     that promote water conservation in the Walker River Basin.
       (2)(A) The amount made available under subsection (a)(1) 
     shall be provided to the National Fish and Wildlife 
     Foundation--
       (i) in an advance payment of the entire amount--
       (I) on the date of enactment of this Act; or
       (II) as soon as practicable after that date of enactment; 
     and
       (ii) except as provided in subparagraph (B), subject to the 
     National Fish and Wildlife Foundation Establishment Act (16 
     U.S.C. 3701 et seq.), in accordance with section 10(b)(1) of 
     that Act (16 U.S.C. 3709(b)(1)).
       (B) Sections 4(e) and 10(b)(2) of the National Fish and 
     Wildlife Foundation Establishment Act (16 U.S.C. 3703(e), 
     3709(b)(2)), and the provision of subsection (c)(2) of 
     section 4 of that Act (16 U.S.C. 3703) relating to subsection 
     (e) of that section, shall not apply to the amount made 
     available under subsection (a)(1).
       Sec. 209.  Notwithstanding the provisions of section 11(c) 
     of Public Law 89-108, as amended by section 9 of Public Law 
     99-294, the Commissioner is directed to modify the April 9, 
     2002, Grant Agreement Between Bureau of Reclamation and North 
     Dakota Natural Resources Trust to provide funding for the 
     Trust to continue its investment program/Agreement No. 
     02FG601633 to authorize the North Dakota Natural Resources 
     Trust Board of Directors to expend all or any portion of the 
     funding allocation received pursuant to section 11(a)(2)(B) 
     of the Dakota Water Resources Act of 2000 for the purpose of 
     operations of the Natural Resource Trust whether such amounts 
     are principal or received as investment income: Provided, 
     That operational expenses that may be funded from the 
     principal allocation shall not exceed 105 percent of the 
     previous fiscal year's operating costs: Provided further, 
     That the Commissioner of Reclamation is authorized to include 
     in such modified agreement with the Trust authorized under 
     this section appropriate provisions regarding the repayment 
     of any funds that constitute principal from the Trust Funds.
       Sec. 210.  Title I of Public Law 108-361 is amended by 
     striking ``2010'' wherever it appears and inserting ``2015'' 
     in lieu thereof.
       Sec. 211. (a) Section 3405(a)(1)(M) of Public Law 102-575 
     (106 Stat. 4709) is amended by striking ``countries'' and 
     inserting ``counties''.
       (b) A transfer of water between a Friant Division 
     contractor and a south-of-Delta CVP agricultural water 
     service contractor, approved during a two-year period 
     beginning on the date of enactment of this Act shall, be 
     deemed to meet the conditions set forth in subparagraphs (A) 
     and (I) of section 3405(a)(1) of Public Law 102-575 (106 
     Stat. 4709) if the transfer under this clause--
       (1) does not interfere with the San Joaquin River 
     Restoration Settlement Act (part I of subtitle A of title X 
     of Public Law 111-11; 123 Stat. 1349) (including the 
     priorities described in section 10004(a)(4)(B) of that Act 
     relating to implementation of paragraph 16 of the 
     Settlement), and the Settlement (as defined in section 10003 
     of that Act); and
       (2) is completed by September 30, 2012.
       (c) As soon as practicable after the date of enactment of 
     this Act, the Secretary of the Interior, acting through the 
     Director of the United States Fish and Wildlife Service, 
     shall revise, finalize, and implement the applicable draft 
     recovery plan for the Giant Garter Snake (Thamnophis gigas).
       Sec. 212.  Section 805(a)(2) of Public Law 106-541 (114 
     Stat. 2704) is amended by striking ``2010'' each place it 
     appears and inserting ``2013''.

                               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, $2,233,967,000, to 
     remain available until expended: Provided, That, of the 
     amount appropriated in this paragraph, $148,075,000 shall be 
     used for 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: Provided further, That within existing funds for 
     industrial technologies $15,000,000 shall be used to make 
     technical assistance grants under subsection (b) of section 
     399A of the Energy Policy and Conservation Act (42 U.S.C. 
     6371h-1(b)). Of the $85,000,000 provided under the wind 
     energy subaccount under the Energy Efficiency & Renewable 
     Energy, up to $8,000,000 shall be competitively awarded to 
     universities for turbine and equipment purchases for the 
     purposes of studying turbine to turbine wake interaction, 
     wind farm interaction, and wind energy efficiencies, provided 
     that such equipment shall not be used for merchant power 
     production.

              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, $179,483,000, to 
     remain available until expended: Provided, That, within the 
     funding available funding the Secretary shall establish an 
     independent national energy sector cyber security 
     organization to institute research, development and 
     deployment priorities, including policies and protocol to 
     ensure the effective deployment of tested and validated 
     technology and software controls to protect the bulk power 
     electric grid and integration of smart grid technology to 
     enhance the security of the electricity grid: Provided 
     further, That within 60 days of enactment, the Secretary 
     shall invite applications from qualified entities for the 
     purpose of forming and governing a national energy sector 
     cyber organization that have the knowledge and capacity to 
     focus cyber security research and development and to identify 
     and disseminate best practices; organize the collection, 
     analysis and dissemination of infrastructure vulnerabilities 
     and threats; work cooperatively with the Department of Energy 
     and other Federal agencies to identify areas where Federal 
     agencies with jurisdiction may best support efforts to 
     enhance security of the bulk power electric grid: Provided 
     further, That, of

[[Page 20367]]

     the amount appropriated in this paragraph, $6,475,000 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.

                             Nuclear Energy

                     (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 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 to exceed 36 passenger 
     motor vehicles, including one ambulance, all for replacement 
     only, $761,274,000, to remain available until expended: 
     Provided, 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 
     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 (Public Law 95-91), 
     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), 
     $699,200,000, to remain available until expended: Provided, 
     That for all programs funded under Fossil Energy 
     appropriations in this Act or any other Act, the Secretary 
     may vest fee title or other property interests acquired under 
     projects in any entity, including the United States: Provided 
     further, That, of the amount appropriated in this paragraph, 
     $27,300,000 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, including the hire of passenger 
     motor vehicles, $23,627,000, to remain available until 
     expended: Provided, That, notwithstanding any other provision 
     of law, unobligated funds remaining from prior years shall be 
     available for all naval petroleum and oil shale reserve 
     activities.

                      Strategic Petroleum Reserve

       For necessary expenses for Strategic Petroleum Reserve 
     facility development and operations and program management 
     activities pursuant to the Energy Policy and Conservation Act 
     of 1975, as amended (42 U.S.C. 6201 et seq.), $259,073,000, 
     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, $110,595,000, 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, $259,829,000, 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, $588,322,000, 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 to exceed 50 passenger motor 
     vehicles for replacement only, including one law enforcement 
     vehicle, two ambulances, and three buses, $4,898,832,000, to 
     remain available until expended: Provided, That, of the 
     amount appropriated in this paragraph, $41,150,000 shall be 
     used for 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.

                         Nuclear Waste Disposal

       For nuclear waste disposal activities to carry out the 
     purposes of the Nuclear Waste Policy Act of 1982, Public Law 
     97-425, as amended (the ``NWPA''), $98,400,000, to remain 
     available until expended, and to be derived from the Nuclear 
     Waste Fund: Provided, That of the funds made available in 
     this Act for nuclear waste disposal and defense nuclear waste 
     disposal activities, 2.54 percent shall be provided to the 
     Office of the Attorney General of the State of Nevada solely 
     for expenditures, other than salaries and expenses of State 
     employees, to conduct scientific oversight responsibilities 
     and participate in licensing activities pursuant to the NWPA: 
     Provided further, That notwithstanding the lack of a written 
     agreement with the State of Nevada under section 117(c) of 
     the NWPA, 0.51 percent shall be provided to Nye County, 
     Nevada, for on-site oversight activities under section 117(d) 
     of the NWPA: Provided further, That of the funds made 
     available in this Act for nuclear waste disposal and defense 
     nuclear waste disposal activities, 4.57 percent shall be 
     provided to affected units of local government, as defined in 
     the NWPA, to conduct appropriate activities and participate 
     in licensing activities under Section 116(c) of the NWPA: 
     Provided further, That of the amounts provided to affected 
     units of local government, 7.5 percent of the funds provided 
     for the affected units of local government shall be made 
     available to affected units of local government in California 
     with the balance made available to affected units of local 
     government in Nevada for distribution as determined by the 
     Nevada affected units of local government: Provided further, 
     That of the funds made available in this Act for nuclear 
     waste disposal and defense nuclear waste disposal activities, 
     0.25 percent shall be provided to the affected Federally-
     recognized Indian tribes, as defined in the NWPA, solely for 
     expenditures, other than salaries and expenses of tribal 
     employees, to conduct appropriate activities and participate 
     in licensing activities under section 118(b) of the NWPA: 
     Provided further, That notwithstanding the provisions of 
     chapters 65 and 75 of title 31, United States Code, the 
     Department shall have no monitoring, auditing or other 
     oversight rights or responsibilities over amounts provided to 
     affected units of local government: Provided further, That 
     the funds for the State of Nevada shall be made available 
     solely to the Office of the Attorney General by direct 
     payment and to units of local government by direct payment: 
     Provided further, That 4.57 percent of the funds made 
     available in this Act for nuclear waste disposal and defense 
     nuclear waste disposal activities shall be provided to Nye 
     County, Nevada, as payment equal to taxes under section 
     116(c)(3) of the NWPA: Provided further, That within 90 days 
     of the completion of each Federal fiscal year, the Office of 
     the Attorney General of the State of Nevada, each affected 
     Federally-recognized Indian tribe, and each of the affected 
     units of local government shall provide certification to the 
     Department of Energy that all funds expended from such 
     payments have been expended for activities authorized by the 
     NWPA and this Act: Provided further, That failure to provide 
     such certification shall cause such entity to be prohibited 
     from any further funding provided for similar activities: 
     Provided further, That none of the funds herein appropriated 
     may be: (1) used directly or indirectly to influence 
     legislative action, except for normal and recognized 
     executive-legislative communications, on any matter pending 
     before Congress or a State legislature or for lobbying 
     activity as provided in 18 U.S.C. 1913; (2) used for 
     litigation expenses; or (3) used to support multi-State 
     efforts or other coalition building activities inconsistent 
     with the restrictions contained in this Act: Provided 
     further, That all proceeds and recoveries realized by the 
     Secretary in carrying out activities authorized by the NWPA, 
     including but not limited to, any proceeds from the sale of 
     assets, shall be available without further appropriation and 
     shall remain available until expended: Provided further, That 
     no funds provided in this Act or any previous Act may be used 
     to pursue repayment or collection of funds provided in any 
     fiscal year to affected units of local government for 
     oversight activities that had been previously approved by the 
     Department of Energy, or to withhold payment of any such 
     funds.

         Title 17 Innovative Technology Loan Guarantee Program

       Such sums as are derived from amounts received from 
     borrowers pursuant to section 1702(b)(2) of the Energy Policy 
     Act of 2005 under this heading in prior Acts, shall be 
     collected in accordance with section 502(7) of the 
     Congressional Budget Act of 1974: Provided, That for 
     necessary administrative expenses to carry out this Loan 
     Guarantee program, $43,000,000 is appropriated, to remain 
     available until expended: Provided further, That $43,000,000 
     of the fees collected pursuant to section 1702(h) of the 
     Energy Policy Act of 2005 shall be credited as offsetting 
     collections to this account to cover administrative expenses 
     and shall remain available until expended, so as to result in 
     a final fiscal year 2010 appropriations from the general fund 
     estimated at not more than $0: Provided further, That, in 
     administering amounts made available by prior Acts for 
     projects covered by title XVII of the Energy Policy Act of 
     2005 (42 U.S.C. 16511 et seq.), the Secretary of Energy is 
     required by that title to consider low-risk finance programs

[[Page 20368]]

     that substantially reduce or eliminate upfront costs for 
     building owners to renovate or retrofit existing buildings to 
     install energy efficiency or renewable energy technologies as 
     eligible for loan guarantees authorized under sections 1703 
     and 1705 of that Act (42 U.S.C. 16513, 16516).

        Advanced Technology Vehicles Manufacturing Loan Program

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

                      Departmental Administration

                     (including transfer of funds)

       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 $293,684,000, to remain available until 
     expended, plus such additional amounts as necessary to cover 
     increases in the estimated amount of cost of work for others 
     notwithstanding the provisions of the Anti-Deficiency Act (31 
     U.S.C. 1511 et seq.): Provided, That such increases in cost 
     of work are offset by revenue increases of the same or 
     greater amount, to remain available until expended: Provided 
     further, That moneys received by the Department for 
     miscellaneous revenues estimated to total $119,740,000 in 
     fiscal year 2010 may be retained and used for operating 
     expenses within this account, and may remain available until 
     expended, as authorized by section 201 of Public Law 95-238, 
     notwithstanding the provisions of 31 U.S.C. 3302: Provided 
     further, That the sum herein appropriated shall be reduced by 
     the amount of miscellaneous revenues received during 2010, 
     and any related appropriated receipt account balances 
     remaining from prior years' miscellaneous revenues, so as to 
     result in a final fiscal year 2010 appropriation from the 
     general fund estimated at not more than $173,944,000.

                    Office of the Inspector General

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

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other incidental expenses necessary for atomic energy 
     defense weapons activities in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, the purchase of not 
     to exceed one ambulance; $6,468,267,000, to remain available 
     until expended.

                    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, $2,136,709,000, 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, $973,133,000, to remain 
     available until expended.

                      Office of the Administrator

       For necessary expenses of the Office of the Administrator 
     in the National Nuclear Security Administration, including 
     official reception and representation expenses not to exceed 
     $12,000, $420,754,000, to remain available until expended.

               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 four ambulances and three passenger motor 
     vehicles for replacement only, $5,763,856,000, to remain 
     available until expended, of which $463,000,000 shall be 
     transferred to the ``Uranium Enrichment Decontamination and 
     Decommissioning Fund'': Provided, That, of the amount 
     appropriated in this paragraph, $4,000,000 shall be used for 
     projects specified in the table that appears under the 
     heading ``Congressionally Directed Defense Environmental 
     Cleanup Projects'' in the report of the Committee on 
     Appropriations of the United States Senate to accompany this 
     Act.

                        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 12 passenger 
     motor vehicles for replacement only, $854,468,000, to remain 
     available until expended: Provided, 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.

                     Defense Nuclear Waste Disposal

       For nuclear waste disposal activities to carry out the 
     purposes of Public Law 97-425, as amended, including the 
     acquisition of real property or facility construction or 
     expansion, $98,400,000, to remain available until expended.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

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

      Operation and Maintenance, Southeastern Power Administration

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

      Operation and Maintenance, Southwestern Power Administration

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

[[Page 20369]]

     U.S.C. 3302 and section 5 of the Flood Control Act of 1944, 
     all funds collected by the Southwestern Power Administration 
     that are applicable to the repayment of the annual expenses 
     of this account in this and subsequent fiscal years shall be 
     credited to this account as discretionary offsetting 
     collections for the sole purpose of funding such expenses, 
     with such funds remaining available until expended: Provided 
     further, That for purposes of this appropriation, annual 
     expenses means expenditures that are generally recovered in 
     the same year that they are incurred (excluding purchase 
     power and wheeling expenses).

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

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

           Falcon and Amistad Operating and Maintenance Fund

       For operation, maintenance, and emergency costs for the 
     hydroelectric facilities at the Falcon and Amistad Dams, 
     $2,568,000, to remain available until expended, and to be 
     derived from the Falcon and Amistad Operating and Maintenance 
     Fund of the Western Area Power Administration, as provided in 
     section 2 of the Act of June 18, 1954 (68 Stat. 255) as 
     amended: Provided, That notwithstanding the provisions of 
     that Act and of 31 U.S.C. 3302, up to $2,348,000 collected by 
     the Western Area Power Administration from the sale of power 
     and related services from the Falcon and Amistad Dams shall 
     be credited to this account as discretionary offsetting 
     collections, to remain available until expended for the sole 
     purpose of funding the annual expenses of the hydroelectric 
     facilities of these Dams and associated Western Area Power 
     Administration activities: Provided further, That the sum 
     herein appropriated for annual expenses shall be reduced as 
     collections are received during the fiscal year so as to 
     result in a final fiscal year 2010 appropriation estimated at 
     not more than $220,000: Provided further, That 
     notwithstanding the provisions of section 2 of the Act of 
     June 18, 1954 (68 Stat. 255) as amended, and 31 U.S.C. 3302, 
     all funds collected by the Western Area Power Administration 
     from the sale of power and related services from the Falcon 
     and Amistad Dams that are applicable to the repayment of the 
     annual expenses of the hydroelectric facilities of these Dams 
     and associated Western Area Power Administration activities 
     in this and subsequent fiscal years shall be credited to this 
     account as discretionary offsetting collections for the sole 
     purpose of funding such expenses, with such funds remaining 
     available until expended: Provided further, That for purposes 
     of this appropriation, annual expenses means expenditures 
     that are generally recovered in the same year that they are 
     incurred.

                  Federal Energy Regulatory Commission

                         salaries and expenses

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

                GENERAL PROVISIONS, DEPARTMENT OF ENERGY

       Sec. 301.  None of the funds appropriated by this Act may 
     be used to prepare or initiate Requests For Proposals (RFPs) 
     for a program if the program has not been funded by Congress.
       Sec. 302.  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. 303.  The unexpended balances of prior appropriations 
     provided for activities in this Act may be available to the 
     same appropriation accounts for such activities established 
     pursuant to this title. Available balances may be merged with 
     funds in the applicable established accounts and thereafter 
     may be accounted for as one fund for the same time period as 
     originally enacted.
       Sec. 304.  None of the funds in this or any other Act for 
     the Administrator of the Bonneville Power Administration may 
     be used to enter into any agreement to perform energy 
     efficiency services outside the legally defined Bonneville 
     service territory, with the exception of services provided 
     internationally, including services provided on a 
     reimbursable basis, unless the Administrator certifies in 
     advance that such services are not available from private 
     sector businesses.
       Sec. 305.  When the Department of Energy makes a user 
     facility available to universities or other potential users, 
     or seeks input from universities or other potential users 
     regarding significant characteristics or equipment in a user 
     facility or a proposed user facility, the Department shall 
     ensure broad public notice of such availability or such need 
     for input to universities and other potential users. When the 
     Department of Energy considers the participation of a 
     university or other potential user as a formal partner in the 
     establishment or operation of a user facility, the Department 
     shall employ full and open competition in selecting such a 
     partner. For purposes of this section, the term ``user 
     facility'' includes, but is not limited to: (1) a user 
     facility as described in section 2203(a)(2) of the Energy 
     Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a National 
     Nuclear Security Administration Defense Programs Technology 
     Deployment Center/User Facility; and (3) any other 
     Departmental facility designated by the Department as a user 
     facility.
       Sec. 306.  Funds appropriated by this or any other Act, or 
     made available by the transfer of funds in this Act, for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504 of the 
     National Security Act of 1947 (50 U.S.C. 414) during fiscal 
     year 2010 until the enactment of the Intelligence 
     Authorization Act for fiscal year 2010.
       Sec. 307.  Of the funds made available by the Department of 
     Energy for activities at Government-owned, contractor-
     operated laboratories funded in this Act or subsequent Energy 
     and Water Development Appropriations Acts, the Secretary may 
     authorize a specific amount, not to exceed 8 percent of such 
     funds, to be used by such laboratories for laboratory 
     directed research and development: Provided, That the 
     Secretary may also authorize a specific amount not to exceed 
     4 percent of such funds, to be used by the plant manager of a 
     covered nuclear weapons production plant or the manager of 
     the Nevada Site Office for plant or site directed research 
     and development.
       Sec. 308.  Not to exceed 5 per centum, or $100,000,000, of 
     any appropriation, whichever is less, made available for 
     Department of Energy activities funded in this Act or 
     subsequent Energy and Water Development Appropriations Acts 
     may hereafter be transferred between such appropriations, but 
     no such appropriation, except as otherwise provided, shall be 
     increased or decreased by more than 5 per centum by any such 
     transfers, and request of such transfers shall be submitted 
     promptly to the Committees on Appropriations of the House and 
     Senate.
       Sec. 309. (a) Subject to subsection (b), no funds 
     appropriated or otherwise made available by this Act or any 
     other Act may be used to record transactions relating to the 
     increase in borrowing authority or bonds outstanding at any 
     time under the Federal Columbia River

[[Page 20370]]

     Transmission System Act (16 U.S.C. 838 et seq.) referred to 
     in section 401 of division A of the American Recovery and 
     Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 140) 
     under a funding account, subaccount, or fund symbol other 
     than the Bonneville Power Administration Fund Treasury 
     account fund symbol.
       (b) Funds appropriated or otherwise made available by this 
     Act or any other Act may be used to ensure, for purposes of 
     meeting any applicable reporting provisions of the American 
     Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 
     Stat. 115), that the Bonneville Power Administration uses a 
     fund symbol other than the Bonneville Power Administration 
     Fund Treasury account fund symbol solely to report accrued 
     expenditures of projects attributed by the Administrator of 
     the Bonneville Power Administration to the increased 
     borrowing authority.
       (c) This section is effective for fiscal year 2010 and 
     subsequent fiscal years.
       Sec. 310.  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.
       Sec. 311. (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.

               authority of nuclear regulatory commission

       Sec. 312.  The Nuclear Regulatory Commission may use funds 
     made available for the necessary expenses of the Nuclear 
     Regulatory Commission for the acquisition and lease of 
     additional office space provided by the General Services 
     Administration in accordance with the fourth and fifth 
     provisos in the matter under the heading ``salaries and 
     expenses'' under the heading ``Nuclear Regulatory 
     Commission'' under the heading ``INDEPENDENT AGENCIES'' of 
     title IV of division C of the Omnibus Appropriations Act, 
     2009 (Public Law 111-8; 123 Stat. 629).
       Sec. 313.  None of the funds appropriated or otherwise made 
     available by this Act may be used by the Department of Energy 
     to enter into any federal contract unless such contract is 
     entered into in accordance with the requirements of the 
     Federal Property and Administrative Services Act of 1949 (41 
     U.S.C. 253) or Chapter 137 of title 10, United States Code, 
     and the Federal Acquisition Regulation, unless such contract 
     is otherwise authorized by statute to be entered into without 
     regard to the above referenced statutes.
       Sec. 314. (a) Except as provided in subsection (b), none of 
     the funds appropriated or otherwise made available by this 
     title for the Strategic Petroleum Reserve may be made 
     available to any person that as of the enactment of this 
     Act--
       (1) is selling refined petroleum products valued at 
     $1,000,000 or more to the Islamic Republic of Iran;
       (2) is engaged in an activity valued at $1,000,000 or more 
     that could contribute to enhancing the ability of the Islamic 
     Republic of Iran to import refined petroleum products, 
     including--
       (A) providing ships or shipping services to deliver refined 
     petroleum products to the Islamic Republic of Iran;
       (B) underwriting or otherwise providing insurance or 
     reinsurance for such an activity; or
       (C) financing or brokering such an activity; or
       (3) is selling, leasing, or otherwise providing to the 
     Islamic Republic of Iran any goods, services, or technology 
     valued at $1,000,000 or more that could contribute to the 
     maintenance or expansion of the capacity of the Islamic 
     Republic of Iran to produce refined petroleum products.
       (b) The prohibition on the use of funds under subsection 
     (a) shall not apply with respect to any contract entered into 
     by the United States Government before the date of the 
     enactment of this Act.
       (c) If the Secretary determines a person made ineligible by 
     this section has ceased the activities enumerated in (a)(1)-
     (3), that person shall no longer be ineligible under this 
     section.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

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

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

       For necessary expenses of the Defense Nuclear Facilities 
     Safety Board in carrying out activities authorized by the 
     Atomic Energy Act of 1954, as amended by 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, as amended, 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.

                     Nuclear Regulatory Commission

                         salaries and expenses

       For necessary expenses of the Commission in carrying out 
     the purposes of the Energy Reorganization Act of 1974, as 
     amended, and the Atomic Energy Act of 1954, as amended, 
     including official representation expenses (not to exceed 
     $25,000), $1,061,000,000, to remain available until expended: 
     Provided, That of the amount appropriated herein, $29,000,000 
     shall be derived from the Nuclear Waste Fund: Provided 
     further, That revenues from licensing fees, inspection 
     services, and other services and collections estimated at 
     $902,402,000 in fiscal year 2010 shall be retained and used 
     for necessary salaries and expenses in this account, 
     notwithstanding 31 U.S.C. 3302, and shall remain available 
     until expended: Provided further, That the sum herein 
     appropriated shall be reduced by the amount of revenues 
     received during fiscal year 2010 so as to result in a final 
     fiscal year 2010 appropriation estimated at not more than 
     $158,598,000: 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 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 2010 shall be retained 
     and be available until expended, for necessary salaries and 
     expenses in this account, notwithstanding 31 U.S.C. 3302: 
     Provided further, That the sum herein appropriated shall be 
     reduced by the amount of revenues received during fiscal year 
     2010 so as to result in a final fiscal year 2010 
     appropriation estimated at not more than $1,086,000.

                  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, 
     $4,466,000 until expended: Provided, That any fees, charges, 
     or commissions received pursuant to

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     section 802 of Public Law 110-140 in fiscal year 2010 in 
     excess of $4,683,000 shall not be available for obligation 
     until appropriated in a subsequent Act of Congress.

                           General Provision

       Sec. 401.  Section 382B of the Delta Regional Authority Act 
     of 2000 is amended by deleting (c)(1) and inserting in lieu 
     thereof the following: ```(1) In general--voting.--A decision 
     by the Authority shall require the affirmative vote of the 
     Federal cochairperson and a majority of the State members 
     (not including any member representing a State that is 
     delinquent under subsection (g)(2)(C)) to be effective.''.

                                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.
       Sec. 503.  Title IV of division A of the American Recovery 
     and Reinvestment Act of 2009 (Public Law 111-5) is amended by 
     adding at the end of the title, the following new section 
     411:
       ``Sec. 411.  Up to 0.5 percent of each amount appropriated 
     to the Department of the Army and the Bureau of Reclamation 
     in this title may be used for the expenses of management and 
     oversight of the programs, grants, and activities funded by 
     such appropriation, and may be transferred by the Head of the 
     Federal Agency involved to any other appropriate account 
     within the department for that purpose: Provided, That the 
     Secretary will provide a report to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     30 days prior to the transfer: Provided further, That funds 
     set aside under this section shall remain available for 
     obligation until September 30, 2012.''.

                     agency administrative expenses

       Sec. 504. (a) Definitions.--In this section:
       (1) Administrative expenses.--The term ``administrative 
     expenses'' has the meaning as determined by the Director 
     under subsection (b)(2).
       (2) Agency.--The term ``agency''--
       (A) means an agency as defined under section 1101 of title 
     31, United States Code, that is established in the executive 
     branch; and
       (B) shall not include the District of Columbia government.
       (3) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.
       (b) Administrative Expenses.--
       (1) In general.--All agencies shall include a separate 
     category for administrative expenses when submitting their 
     appropriation requests to the Office of Management and Budget 
     for fiscal year 2011 and each fiscal year thereafter.
       (2) Administrative expenses determined.--In consultation 
     with the agencies, the Director shall establish and revise as 
     necessary a definition of administration expenses for the 
     purposes of this section. All questions regarding the 
     definition of administrative expenses shall be resolved by 
     the Director.
       (c) Budget Submission.--Each budget of the United States 
     Government submitted under section 1105 of title 31, United 
     States Code, for fiscal year 2011 and each fiscal year 
     thereafter shall include the amount requested for each agency 
     for administrative expenses.
       Sec. 505. (a) Notwithstanding any other provision of this 
     Act and except as provided in subsection (b), any report 
     required to be submitted by a Federal agency or department to 
     the Committee on Appropriations of either the Senate or the 
     House of Representatives in an appropriations Act shall be 
     posted on the public Website of that Agency upon receipt by 
     the committee.
       (b) Subsection (a) shall not apply to a report if--
       (1) the public posting of the report compromises national 
     security; or
       (2) the report contains proprietary information.
       This Act may be cited as the ``Energy and Water Development 
     and Related Agencies Appropriations Act, 2010''.

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