Text: H.R.3183 — 111th Congress (2009-2010)All Bill Information (Except Text)

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Public Law No: 111-85 (10/28/2009)




[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

[[Page 123 STAT. 2877]]

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

[[Page 123 STAT. 2878]]

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

[[Page 123 STAT. 2879]]

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.--

[[Page 123 STAT. 2880]]

            (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:
---------------------------------------------------------------------------

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.

                                  <all>