[111th Congress Public Law 85]
[From the U.S. Government Printing Office]
[[Page 123 STAT. 2845]]
Public Law 111-85
111th Congress
An Act
Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2010, and for other
purposes. <<NOTE: Oct. 28, 2009 - [H.R. 3183]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Energy and Water
Development and Related Agencies Appropriations Act, 2010.>> That the
following sums are appropriated, out of any money in the Treasury not
otherwise appropriated, for energy and water development and related
agencies for the fiscal year ending September 30, 2010, and for other
purposes, namely:
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to rivers and harbors, flood and storm damage reduction,
shore protection, aquatic ecosystem restoration, and related efforts.
investigations
For expenses necessary 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, $160,000,000, to remain available until
expended.
construction
(including transfer of funds)
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law; for
[[Page 123 STAT. 2846]]
conducting detailed studies, and plans and specifications, of such
projects (including those involving participation by States, local
governments, or private groups) authorized or made eligible for
selection by law (but such detailed studies, and plans and
specifications, shall not constitute a commitment of the Government to
construction); $2,031,000,000, to remain available until expended; of
which such sums as are necessary to cover the Federal share of
construction costs for facilities under the Dredged Material Disposal
Facilities program shall be derived from the Harbor Maintenance Trust
Fund as authorized by Public Law 104-303; and of which such sums as are
necessary to cover one-half of the costs of construction, replacement,
rehabilitation, and expansion of inland waterways projects (including
only 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 $1,500,000 of the funds appropriated under this heading
in title I of division C of the Omnibus Appropriations Act, 2009 (Public
Law 111-8; 123 Stat. 601-609) is transferred to the Investigations
account and, in addition to funds appropriated by this Act, applied
toward the cost of carrying out the Seven Oaks Water Conservation Study,
California: Provided further, That the Chief of Engineers is directed to
use $12,594,000 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 $1,417,000 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
$4,000,000 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 $2,750,000 of the funds
appropriated herein to continue planning, engineering, design or
construction of the Lower Mingo County, Upper Mingo County, Wayne
County, McDowell County, West Virginia, elements of the Levisa and Tug
Forks of the Big Sandy River and Upper Cumberland River Project:
Provided further, That the Secretary of the Army, acting through the
Chief of Engineers, is directed to use $9,500,000 of the funds
appropriated herein for the Clover Fork, City of Cumberland, Town of
Martin, Pike County (including Levisa Fork and Tug Fork Tributaries),
Bell County, Harlan County in accordance with the Draft Detailed Project
Report dated January 2002, Floyd County, Martin County, Johnson County,
and Knox County, Kentucky, detailed
[[Page 123 STAT. 2847]]
project report, elements of the Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River: Provided further, That not less than
$3,000,000 of the funds provided for the Levisa and Tug Forks in
Kentucky shall be used for the project in the Town of Martin, Kentucky.
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 $9,661,000 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, $2,400,000,000, to remain available until expended, of
which such sums as are necessary to cover the Federal share of eligible
operation and maintenance costs for coastal harbors and channels, and
for inland harbors shall be derived from the Harbor Maintenance Trust
Fund; of which such sums as become available from the special account
for the Corps established by the Land and Water Conservation Act of 1965
(16 U.S.C. 460l-6a(i)), shall be derived from that account for resource
protection, research, interpretation, and maintenance activities related
to resource protection in the areas at which outdoor recreation is
available; and of which such sums as become available from fees
collected under section 217 of the Water Resources Development Act of
1996 (Public Law 104-303) shall be used to cover the cost of operation
and maintenance of the dredged material disposal facilities for which
such fees have been collected: Provided, That 1 percent of the total
amount of funds provided for each of the programs, projects or
activities funded under this heading shall not be allocated to a field
operating activity prior to the beginning of the fourth quarter of the
fiscal year and shall be available for use by the Chief of Engineers to
fund such emergency activities as the Chief of Engineers determines to
be necessary and appropriate; and that the Chief of Engineers shall
allocate during the fourth quarter any remaining funds which have not
been used for emergency activities proportionally in accordance with the
amounts provided for the programs, projects or activities.
[[Page 123 STAT. 2848]]
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $190,000,000, to remain
available until expended.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $134,000,000, to remain available until
expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
United States Army Corps of Engineers and the offices of the Division
Engineers; and for the management and operation of the Humphreys
Engineer Center Support Activity, the Institute for Water Resources, the
United States Army Engineer Research and Development Center, and the
United States Army Corps of Engineers Finance Center, $185,000,000, to
remain available until expended, of which not to exceed $5,000 may be
used for official reception and representation purposes and only during
the current fiscal year: Provided, That no part of any other
appropriation provided in title I of this Act shall be available to fund
the civil works activities of the Office of the Chief of Engineers or
the civil works executive direction and management activities of the
division offices: Provided further, That any Flood Control and Coastal
Emergencies appropriation may be used to fund the supervision and
general administration of emergency operations, repairs, and other
activities in response to any flood, hurricane, or other natural
disaster.
office of 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;
[[Page 123 STAT. 2849]]
(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, <<NOTE: Notification.>> 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) Diminimus Reprogrammings.--In no case should a reprogramming for
less than $50,000 be submitted to the House and Senate Committees on
Appropriations.
(c) Continuing Authorities Program.--Subsection (a)(1) shall not
apply to any project or activity funded under the continuing authorities
program.
(d) <<NOTE: Deadline. Reports.>> 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
[[Page 123 STAT. 2850]]
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. None of the funds made available in this title may be
used to award or modify any contract that commits funds beyond the
amounts appropriated for that program, project, or activity that remain
unobligated, except that such amounts may include any funds that have
been made available through reprogramming pursuant to section 101.
Sec. 104. None of the funds in this Act, or previous Acts making
funds available for Energy and Water Development, shall be used to award
any continuing contract that commits additional funding from the Inland
Waterways Trust Fund unless or until such time that a long-term
mechanism to enhance revenues in the Fund sufficient to meet the cost-
sharing authorized in the Water Resources Development Act of 1986
(Public Law 99-662) is enacted.
Sec. 105. The project for navigation, Two Harbors, Minnesota, being
carried out under section 107 of the River and Harbor Act of 1960 (33
U.S.C. 577), and modified by section 3101 of the Water Resources
Development Act of 2007 (121 Stat. 1133), is further modified to direct
the Secretary to credit, in accordance with section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b), toward the non-Federal share
of the project the cost of planning, design, and construction work
carried out by the non-Federal interest for the project before the date
of execution of a partnership agreement for the project.
Sec. 106. Section 154(h) of title I of division B of the
Miscellaneous Appropriations Act, 2001 (114 Stat. 2763A-254) (as enacted
into law by Public Law 106-554) is amended by striking ``$40,000,000''
and inserting ``$60,000,000''.
Sec. 107. The Secretary is directed to use such funds as are
necessary, from amounts made available in this Act under the heading
``Construction'', to expedite acquisition of those properties located in
the vicinity of Martin, Kentucky, that were damaged by the floodwaters
in the May 2009 flood event and that fall within Phases 3 and 4 of the
mandatory and voluntary acquisition elements identified in Plan A of the
Chief of Engineers, Town of Martin Nonstructural Project Detailed
Project Report, Appendix T, Section 202 General Plan, dated March 2000.
Sec. 108. <<NOTE: Deadline. Reports.>> 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.
[[Page 123 STAT. 2851]]
Sec. 109. (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. 110. 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. 111. 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. 112. 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. 113. 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. 114. 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. 115. 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. 116. 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).
[[Page 123 STAT. 2852]]
Sec. 117. Section 3111(1) of the Water Resources Development Act,
2007 (Public Law 110-114; 121 Stat. 1041) <<NOTE: 121 Stat. 1136.>> is
amended by inserting after the word ``before'', the following: ``, on
and after''.
Sec. 118. 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.
Sec. 119. 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. 120. 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 shall 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.
Sec. 121. Notwithstanding any other provision of law, including
section 103(c)(4) of Public Law 99-662 (33 U.S.C. 2213(c)(4)), the cost
of any work carried out heretofore or hereafter on construction of the
trail system authorized for the J. Percy Priest Dam and Reservoir,
Tennessee by section 5132 of Public Law 110-114 (121 Stat. 1249) shall
be a Federal cost, the total of which may not exceed $10,300,000.
Sec. 122. Section 3112(1) of the Water Resources Development Act,
2007 (Public Law 110-114; 121 Stat. 1041) <<NOTE: 121 Stat. 1136.>> is
amended by inserting after the word ``before'', the following: ``, on
and after''.
<<NOTE: 16 USC 668dd note.>> Sec. 123. Section 805(a)(2) of Public
Law 106-541 (114 Stat. 2704) is amended by striking ``2010'' each place
it appears and inserting ``2013''.
Sec. 124. The Secretary of the Army is authorized to carry out the
project for storm damage reduction, Kahuku, Oahu, Hawaii, at a total
cost of $6,700,000, with an estimated Federal cost of $4,360,000 and an
estimated non-Federal cost of $2,340,000.
Sec. 125. The Secretary <<NOTE: Land acquisition. California.>> of
the Army is authorized to acquire 24 parcels of land consisting of
approximately 235 acres located within Township 21 South, Range 28 East,
Sections 25, 26, 27, 34, 35 and 36, and Township 22 South, Range 28
East, Section 3 in Tulare County, for the Dam Safety Seismic Remediation
project at Success Dam on the Tule River in the State of California,
[[Page 123 STAT. 2853]]
authorized by section 10 of the Flood Control Act of December 22, 1944
(58 Stat. 901); Provided, That the lands shall be available for use in
connection with any activity carried out at the Success Dam and
Reservoir.
Sec. 126. During the <<NOTE: Time period.>> 1-year period beginning
on the date of enactment of this Act, the Secretary of the Army shall
implement measures recommended in the efficacy study, or provided in
interim reports, authorized under section 3061 of the Water Resources
Development Act of 2007 (121 Stat. 1121), with such modifications or
emergency measures as the Secretary of the Army determines to be
appropriate, to prevent aquatic nuisance species from bypassing the
Chicago Sanitary and Ship Canal Dispersal Barrier Project referred to in
that section and to prevent aquatic nuisance species from dispersing
into the Great Lakes.
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, $951,158,000, to remain available until expended, of which
$48,740,000 shall be available for transfer to the Upper Colorado River
Basin Fund and $17,256,000 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
[[Page 123 STAT. 2854]]
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 $3,500,000 of the funds appropriated under this
heading shall be deposited in the San Gabriel Basin Restoration Fund
established by section 110 of title I of appendix D of Public Law 106-
554: Provided further, That $5,000,000 of the funds appropriated under
this heading shall be available for the ``Power Program Services'' to
implement the Bureau of Reclamation's hydropower facilities
installations identified under section 1834 of the Energy Policy Act of
2005: Provided further, That the funds provided herein for the St. Mary
Storage Unit facilities, Milk River Project, Montana, shall be used on a
nonreimbursible basis: Provided further, That funds available for
expenditure for the Departmental Irrigation Drainage Program may be
expended by the Bureau of Reclamation for site remediation on a
nonreimbursable basis.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat restoration,
improvement, and acquisition provisions of the Central Valley Project
Improvement Act, $35,358,000, to be derived from such sums as may be
collected in the Central Valley Project Restoration Fund pursuant to
sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102-575, to
remain available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by section
3407(d) of Public Law 102-575: Provided further, That none of the funds
made available under this heading may be used for the acquisition or
leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans to
be approved by the Secretary of the Interior, $40,000,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further, That
the use of any funds provided to the California Bay-Delta Authority for
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
[[Page 123 STAT. 2855]]
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
[[Page 123 STAT. 2856]]
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) <<NOTE: Reports. Deadlines.>> 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) <<NOTE: California. Plan.>> 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. <<NOTE: New Mexico.>> 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)--
[[Page 123 STAT. 2857]]
(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 (ii)(IV) (as so redesignated),
by striking the period at the end and inserting
``; and''; and
(iii) 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
[[Page 123 STAT. 2858]]
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) <<NOTE: Nevada.>> provide, subject to subsection (b),
$66,200,000 to establish the Walker 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) <<NOTE: Grants. Nevada. California.>> $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. 3294);
(C) <<NOTE: Nevada.>> $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;
(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; and
(E) <<NOTE: Contracts.>> $45,000,000 to implement
the 1996 Truckee River Water Quality Settlement
Agreement by acquiring water rights for the benefit of
the Truckee River and Pyramid Lake.
(b)(1) The amount made available under subsection (a)(1) shall be--
[[Page 123 STAT. 2859]]
(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
and Mineral Counties, 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
[[Page 123 STAT. 2860]]
(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 <<NOTE: 118 Stat.
1681.>> is amended by striking ``2010'' wherever it appears and
inserting ``2014'' 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) <<NOTE: Deadline.>> is completed by September 30, 2012.
(c) <<NOTE: Draft recovery plan.>> 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).
[[Page 123 STAT. 2861]]
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, $2,242,500,000, to remain
available until expended: Provided, That funds provided under this
heading in this and prior appropriation Acts are available for on-site
and off-site improvements for the Ingress/Egress and Traffic Capacity
Upgrades project at the National Renewable Energy Laboratory: Provided
further, That, of the $80,000,000 provided under the wind energy
subaccount under Energy Efficiency and Renewable Energy, up to
$8,000,000 may 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: Provided further, That, of the amount appropriated in this
paragraph, $292,135,000 shall be used for the projects specified in the
table that appears under the heading ``Congressionally Directed Energy
Efficiency and Renewable Energy Projects'' in the joint explanatory
statement accompanying the conference report on this Act.
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity delivery and energy reliability
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $171,982,000, to
remain available until expended: <<NOTE: Establishment.>> 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: <<NOTE: Deadline.>> 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
[[Page 123 STAT. 2862]]
security of the bulk power electric grid: Provided further, That, of the
amount appropriated in this paragraph, $13,075,000 shall be used for
projects specified in the table that appears under the heading
``Congressionally Directed Electricity Delivery and Energy Reliability
Projects'' in the joint explanatory statement accompanying the
conference report on this Act.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real property or
any facility or for plant or facility acquisition, construction, or
expansion, and the purchase of not more than 36 passenger motor
vehicles, including one ambulance, all for replacement only,
$786,637,000, to remain available until expended: Provided, That, of the
amount appropriated in this paragraph, $2,500,000 shall be used for
projects specified in the table that appears under the heading
``Congressionally Directed Nuclear Energy Projects'' in the joint
explanatory statement accompanying the conference report on 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), $672,383,000, 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, $36,850,000 shall be used for projects
specified in the table that appears under the heading ``Congressionally
Directed Fossil Energy Projects'' in the joint explanatory statement
accompanying the conference report on 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
[[Page 123 STAT. 2863]]
pursuant to the Energy Policy and Conservation Act of 1975, as amended
(42 U.S.C. 6201 et seq.), $243,823,000, 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, $244,673,000, 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, $573,850,000, to be
derived from the Uranium Enrichment Decontamination and Decommissioning
Fund, to remain available until expended.
Science
(including transfer of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 50 passenger motor vehicles for
replacement only, including one law enforcement vehicle, two ambulances,
and three buses, $4,903,710,000, to remain available until expended:
Provided, That $15,000,000 appropriated under this heading under prior
appropriation Acts for the Advanced Research Projects Agency--Energy is
hereby transferred to the ``Advanced Research Projects Agency--Energy''
account: Provided further, That, of the amount appropriated in this
paragraph, $76,890,000 shall be used for the projects specified in the
table
[[Page 123 STAT. 2864]]
that appears under the heading ``Congressionally Directed Science
Projects'' in the joint explanatory statement accompanying the
conference report on 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: <<NOTE: Nevada.>> 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: <<NOTE: Nevada.>> 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: <<NOTE: California. Nevada.>> 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: <<NOTE: Native Americans.>> 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: <<NOTE: Nevada.>>
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 <<NOTE: Nevada.>> 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: <<NOTE: Deadline. Nevada. Certification.>> 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: <<NOTE: Penalty.>> Provided
further, That failure to provide such
[[Page 123 STAT. 2865]]
certification shall cause such entity to be prohibited from any further
funding provided for similar activities: <<NOTE: Lobbying.>> 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 of the funds made available in this Act
for Nuclear Waste Disposal, $5,000,000 shall be provided to create a
Blue Ribbon Commission to consider all alternatives for nuclear waste
disposal: 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 fees
collected under section 1702(h) in excess of the amount appropriated for
administrative expenses shall not be available until appropriated.
Advanced Technology Vehicles Manufacturing Loan Program
For administrative expenses in carrying out the Advanced Technology
Vehicles Manufacturing Loan Program, $20,000,000, to remain available
until expended.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the hire of passenger motor vehicles and official reception
and representation expenses not to exceed $30,000, $288,684,000, 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
[[Page 123 STAT. 2866]]
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
$168,944,000.
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; $6,384,431,000, to remain available until
expended: Provided, That $357,800,000 is provided to Stockpile Systems
activities including $91,956,000 for the B61 Stockpile Systems
activities: <<NOTE: Notification. Deadline.>> Provided further, That
upon completion of the Nuclear Posture Review and confirmation of the
requirement for the B61-12, the NNSA is authorized to reallocate an
additional $15,000,000 within the Stockpile Systems activities to
support the continuation of the B61-12 non-nuclear upgrade study, with
notification to cognizant congressional committees within 15 days of the
implementation of this action: Provided further, That no funds may be
obligated or expended for B61-12 nuclear components without prior
approval by the Appropriations Committees of the House and Senate:
Provided further, That, of the amount appropriated in this paragraph,
$3,000,000 shall be used for the projects specified under the heading
``Congressionally Directed Weapons Activities Projects'' in the joint
explanatory statement accompanying the conference report on this Act.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
[[Page 123 STAT. 2867]]
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: Provided, That, of
the amount appropriated in this paragraph, $250,000 shall be used for
the projects specified under the heading ``Congressionally Directed
Defense Nuclear Nonproliferation Projects'' in the joint explanatory
statement accompanying the conference report on this Act.
Naval Reactors
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $945,133,000, to
remain available until expended.
Office of the Administrator
(including transfer of funds)
For necessary expenses of the Office of the Administrator in the
National Nuclear Security Administration, including official reception
and representation expenses not to exceed $12,000, $420,754,000, to
remain available until expended: Provided, That $10,000,000 previously
appropriated for cleanup efforts at Argonne National Lab shall be
transferred to ``Non-Defense Environmental Cleanup'': Provided further,
That, of the amount appropriated in this paragraph, $13,000,000 shall be
used for the projects specified in the table that appears under the
heading ``Congressionally Directed Office of the Administrator (NNSA)
Projects'' in the joint explanatory statement accompanying the
conference report on this Act.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
(including transfer of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed four ambulances and three passenger motor vehicles for
replacement only, $5,642,331,000, 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
[[Page 123 STAT. 2868]]
table that appears under the heading ``Congressionally Directed Defense
Environmental Cleanup Projects'' in the joint explanatory statement
accompanying the conference report on 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, $847,468,000, to remain available until expended:
Provided, That of the amount appropriated in this paragraph, $3,000,000
shall be used for projects specified in the table that appears under the
heading ``Congressionally Directed Other Defense Activities Projects''
in the joint explanatory statement accompanying the conference report on
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 <<NOTE: Loans.>> $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
[[Page 123 STAT. 2869]]
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 <<NOTE: 16 USC
825s-6.>> 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 $1,500 in carrying out section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the Southwestern Power Administration,
$44,944,000, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), up to $31,868,000 collected by the Southwestern
Power Administration from the sale of power and related services shall
be credited to this account as discretionary offsetting collections, to
remain available until expended, for the sole purpose of funding the
annual expenses of the Southwestern Power Administration: Provided
further, That the sum herein appropriated for annual expenses shall be
reduced as collections are received during the fiscal year so as to
result in a final fiscal year 2010 appropriation estimated at not more
than $13,076,000: Provided further, That, notwithstanding 31 U.S.C.
3302, up to $38,000,000 collected by the Southwestern Power
Administration pursuant to the Flood Control Act of 1944 to recover
purchase power and wheeling expenses shall be credited to this account
as offsetting collections, to remain available until expended for the
sole purpose of making purchase power and wheeling
expenditures: <<NOTE: 16 USC 825s-7.>> Provided further, That
notwithstanding 31 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).
[[Page 123 STAT. 2870]]
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, including official reception and representation
expenses in an amount not to exceed $1,500; $256,711,000 to remain
available until expended, of which $245,216,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), and section 1 of the Interior Department
Appropriation Act, 1939 (43 U.S.C. 392a), up to $147,530,000 collected
by the Western Area Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2010 appropriation
estimated at not more than $109,181,000, of which $97,686,000 is derived
from the Reclamation Fund: Provided further, That of the amount herein
appropriated, $7,584,000 is for deposit into the Utah Reclamation
Mitigation and Conservation Account pursuant to title IV of the
Reclamation Projects Authorization and Adjustment Act of 1992: Provided
further, That notwithstanding 31 U.S.C. 3302, up to $349,807,000
collected by the Western Area Power Administration pursuant to the Flood
Control Act of 1944 and the Reclamation Project Act of 1939 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: <<NOTE: 42 USC 7276f.>> 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,
[[Page 123 STAT. 2871]]
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: <<NOTE: 42 USC 7276g.>> 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: <<NOTE: 42 USC 7171 note.>> 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) <<NOTE: Reprogramming request.>> 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
[[Page 123 STAT. 2872]]
(2) to provide enhanced severance payments or other benefits
for employees of the Department of Energy under such section; or
(3) <<NOTE: Workforce restructuring plan.>> 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. <<NOTE: Contracts. Certification.>> 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. <<NOTE: Notice.>> 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. <<NOTE: 50 USC 2791a note.>> 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. <<NOTE: Determination. Transfer authority. 42 USC 7269
note.>> 308. (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
[[Page 123 STAT. 2873]]
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) <<NOTE: Determination.>> 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) <<NOTE: Deadline. Reports.>> 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) <<NOTE: Expiration date.>> This transfer authority does not
apply to supplemental appropriations, and is in addition to any other
transfer authority provided in this or any other Act. The authority
provided under this section shall expire on September 30, 2015.
(f) <<NOTE: Notification. Deadline.>> The Secretary shall notify the
Committees on Appropriations of the House of Representatives and the
Senate in writing not less than 30 days in advance of each transfer
authorized by this section.
Sec. 309. <<NOTE: Borrowing authority.>> (a) Subject to subsection
(b), no funds appropriated or otherwise made available by this Act or
any other Act may be used to record transactions relating to the
increase in borrowing authority or bonds outstanding at any time under
the Federal Columbia River Transmission System Act (16 U.S.C. 838 et
seq.) referred to in section 401 of division A of the American Recovery
and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 140) under a
funding 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) <<NOTE: Effective date.>> This section is effective for fiscal
year 2010 and subsequent fiscal years.
Sec. 310. Section 1702 of the Energy Policy Act of 2005 (42 U.S.C.
16512) is amended by adding at the end the following new subsection:
``(k) Wage Rate Requirements.--All laborers and mechanics employed
by contractors and subcontractors in the performance
[[Page 123 STAT. 2874]]
of construction work financed in whole or in part by a loan guaranteed
under this title shall be paid wages at rates not less than those
prevailing on projects of a character similar in the locality as
determined by the Secretary of Labor in accordance with subchapter IV of
chapter 31 of title 40, United States Code. With respect to the labor
standards in this subsection, the Secretary of Labor shall have the
authority and functions set forth in Reorganization Plan Numbered 14 of
1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United
States Code.''.
Sec. 311.
<<NOTE: Grants. Contracts. Notifications. Deadlines.>> 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: <<NOTE: Determination.>> 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. 312. (a) Ultra Efficient Vehicles.--Section 136 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17013) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``an ultra
efficient vehicle or'' after ``means''; and
(B) by adding at the end the following new
paragraph:
``(5) Ultra <<NOTE: Definition.>> efficient vehicle.--The
term `ultra efficient vehicle' means a fully closed compartment
vehicle designed to carry at least 2 adult passengers that
achieves--
``(A) at least 75 miles per gallon while operating
on gasoline or diesel fuel;
``(B) at least 75 miles per gallon equivalent while
operating as a hybrid electric-gasoline or electric-
diesel vehicle; or
``(C) at least 75 miles per gallon equivalent while
operating as a fully electric vehicle.'';
(2) in subsection (b)--
(A) by inserting ``, ultra efficient vehicle
manufacturers,'' after ``automobile manufacturers'';
(B) in paragraph (1)--
(i) by striking ``or'' at the end of
subparagraph (A);
(ii) by striking ``and'' at the end of
subparagraph (B) and inserting ``or''; and
(iii) by adding at the end the following new
subparagraph:
``(C) ultra efficient vehicles; and''; and
(C) in paragraph (2), by inserting ``, ultra
efficient vehicles,'' after ``qualifying vehicles'';
[[Page 123 STAT. 2875]]
(3) in subsection (g), by inserting ``or are utilized
primarily for the manufacture of ultra efficient vehicles''
after ``20 years''; and
(4) in subsection (h)(1)(B), by striking ``automobiles'' the
first place it appears and inserting ``ultra efficient vehicles,
automobiles,''.
(b) <<NOTE: 42 USC 17013 note.>> Reconsideration of Prior
Applications.--The Secretary of Energy shall reconsider applications for
assistance under section 136 of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17013) that were--
(1) timely filed under that section before January 1, 2009;
(2) rejected on the basis that the vehicles to which the
proposal related were not advanced technology vehicles; and
(3) related to ultra efficient vehicles.
Sec. 313. (a) <<NOTE: Petroleum and Petroleum
products. Iran.>> 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) <<NOTE: Determination.>> 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.
Sec. 314. Section 132 of the Energy and Water Development
Appropriations Act of 2006 (119 Stat 2261) is amended--
(1) in subsection (a)(3), by striking ``Corps of Engineers''
and inserting ``Southwestern Power Administration'';
(2) by adding at the end of subsection (a) the following new
paragraph:
``(5) Payment to non-federal licensee.--Southwestern Power
Administration shall compensate the licensee of Federal Energy
Regulatory Commission Project No. 2221 pursuant to paragraph (3)
using receipts collected from the sale of Federal power and
energy related services. Pursuant to paragraph (6), Southwestern
Power Administration will begin collecting receipts in the
Special Receipts and Disbursement account upon the date of
enactment of this paragraph. Payment to the licensee of Federal
Energy Regulatory Commission Project No. 2221 shall be paid as
soon as adequate receipts are collected
[[Page 123 STAT. 2876]]
in the Special Receipts and Disbursement Account to fully
compensate the licensee, and in accordance with paragraph (2),
such payment shall be considered non-reimbursable.'';
(3) by adding at the end of subsection (a) the following new
paragraph:
``(6) The Southwestern Power Administration shall compensate
the licensee of Federal Energy Regulatory Commission Project No.
2221 in annual payments of not less than $5,000,000, until the
licensee of Federal Energy Regulatory Commission Project No.
2221 is fully compensated pursuant to paragraph (3). At the end
of each fiscal year subsequent to implementation, any remaining
balance to be paid to the licensee of Project No. 2221 shall
accrue interest at the 30-year U.S. Treasury bond rate in effect
at the time of implementation of the White River Minimum Flows
project.'';
(4) by adding at the end of subsection (a) the following new
paragraph:
``(7) Establishment of special receipt and disbursement
accounts.--There is established in the Treasury of the United
States a special receipt account and corresponding disbursement
account to be made available to the Administrator of the
Southwestern Power Administration to disburse pre-collected
receipts from the sale of federal power and energy and related
services. The accounts are authorized for the following uses:
``(A) Collect and disburse receipts for purchase
power and wheeling expenses incurred by Southwestern
Power Administration to purchase replacement power and
energy as a result of implementation of the White River
Minimum Flows project.
``(B) Collect and disburse receipts related to
compensation of the licensee of Federal Energy
Regulatory Commission Project No. 2221.
``(C) Said special receipt and disbursement account
shall remain available for not more than 12 months after
the date of full compensation of the licensee of Federal
Energy Regulatory Commission Project No. 2221.''; and
(5) by adding at the end of subsection (a) the following new
paragraph:
``(8) Time of implementation.--For purposes of paragraphs
(3) and (4), `time of implementation' shall mean the
authorization of the special receipt account and corresponding
disbursement account described in paragraph (7).''.
TITLE 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
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passenger motor vehicles, $76,000,000, to remain available until
expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $26,086,000, to
remain available until expended.
Delta Regional Authority
salaries and expenses
For necessary expenses of the Delta Regional Authority and to carry
out its activities, as authorized by the Delta Regional Authority Act of
2000, as amended, notwithstanding sections 382C(b)(2), 382F(d), 382M,
and 382N of said Act, $13,000,000, to remain available until expended:
Provided, That no funds in this Act shall be expended for the relocation
of the Delta Regional Commission headquarters.
Denali Commission
For expenses of the Denali Commission including the purchase,
construction, and acquisition of plant and capital equipment as
necessary and other expenses, $11,965,000, to remain available until
expended, notwithstanding the limitations contained in section 306(g) of
the Denali Commission Act of 1998.
Northern Border Regional Commission
For necessary expenses of the Northern Border Regional Commission in
carrying out activities authorized by subtitle V of title 40, United
States Code, $1,500,000, to remain available until expended.
Southeast Crescent Regional Commission
For necessary expenses of the Southeast Crescent Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $250,000, to remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
For necessary expenses of the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974, as amended, and the
Atomic Energy Act of 1954, as amended, including official representation
expenses (not to exceed $25,000), $1,056,000,000, 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
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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 $153,598,000:
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 section 802
of Public Law 110-140 in fiscal year 2010 in excess of $4,683,000 shall
not be available for obligation until appropriated in a subsequent Act
of Congress.
General Provisions
Sec. 401. <<NOTE: Deadline. Reports.>> The Nuclear Regulatory
Commission shall, not later than 60 days after the date of enactment of
this Act, provide a report to the Committees on Appropriations of the
House of Representatives and the Senate identifying barriers to and its
recommendations for streamlining the issuance of a Combined Construction
and Operating License for qualified new nuclear reactors.
Sec. 402. Section 382B of the Delta Regional Authority Act of
2000 <<NOTE: 7 USC 2009 aa-1.>> is amended by deleting (c)(1) and
inserting in lieu thereof
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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.''.
Sec. 403. 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).
TITLE V
GENERAL PROVISIONS
Sec. 501. <<NOTE: Lobbying.>> 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. To the extent practicable funds made available in this
Act should be used to purchase light bulbs that are ``Energy Star''
qualified or have the ``Federal Energy Management Program'' designation.
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: <<NOTE: Reports. Deadline.>> 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.''.
Sec. <<NOTE: 31 USC 1105 note.>> 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 receives funding under this Act;
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.--
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(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. 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. 506. <<NOTE: Earmarks.>> Specific projects contained in the
report of the Committee on Appropriations of the House of
Representatives accompanying this Act (H. Rept. 111-203) that are
considered congressional earmarks for purposes of clause 9 of rule XXI
of the Rules of the House of Representatives, when intended to be
awarded to a for-profit entity, shall be awarded under a full and open
competition.
Sec. 507. (a) The Continuing Appropriations Resolution, 2010 is
amended--
(1) in subsections (a) and (b) of section 158, <<NOTE: Ante,
p. 2051.>> by striking ``section 158'' each place it appears and
inserting ``section 157''; and
(2) in section 162, <<NOTE: Ante, p. 2053.>> by striking
``sections 158 through 162'' and inserting ``sections 157
through 161''.
(b) <<NOTE: Effective date.>> The amendments made by subsection (a)
shall take effect as if included in the enactment of the Continuing
Appropriations Resolution, 2010.
This Act may be cited as the ``Energy and Water Development and
Related Agencies Appropriations Act, 2010''.
Approved October 28, 2009.
LEGISLATIVE HISTORY--H.R. 3183:
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HOUSE REPORTS: Nos. 111-203 (Comm. on Appropriations) and 111-278
(Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 155 (2009):
July 15, 17, considered and passed House.
July 27-29, considered and passed Senate, amended.
Oct. 1, House agreed to conference report.
Oct. 8, 14, 15, Senate considered and agreed to conference
report.
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