[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3183 Enrolled Bill (ENR)]
H.R.3183
One Hundred Eleventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and nine
An Act
Making appropriations for energy and water development and related
agencies for the fiscal year ending September 30, 2010, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for energy and water development and related agencies for
the fiscal year ending September 30, 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 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 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.
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

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provided by previous appropriations Acts to the agencies or entities
funded in title I of this Act that remain available for obligation or
expenditure in fiscal year 2010, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates or initiates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or
activity for which funds have been denied or restricted by this
Act, unless prior approval is received from the House and Senate
Committees on Appropriations;
(4) proposes to use funds directed for a specific activity for
a different purpose, unless prior approval is received from the
House and Senate Committees on Appropriations;
(5) augments or reduces existing programs, projects or
activities in excess of the amounts contained in subsections 6
through 10, unless prior approval is received from the House and
Senate Committees on Appropriations;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit of
$150,000 per project, study or activity is allowed: Provided, That
for a base level less than $100,000, the reprogramming limit is
$25,000: Provided further, That up to $25,000 may be reprogrammed
into any continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming limit
is $300,000: Provided further, That up to $3,000,000 may be
reprogrammed for settled contractor claims, changed conditions, or
real estate deficiency judgments: Provided further, That up to
$300,000 may be reprogrammed into any continuing study or activity
that did not receive an appropriation for existing obligations and
concomitant administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted in order for the Corps to be able to respond
to emergencies: Provided, That the Chief of Engineers must notify
the House and Senate Committees on Appropriations of these
emergency actions as soon thereafter as practicable: Provided
further, That for a base level over $1,000,000, reprogramming of 15
percent of the base amount a limit of $5,000,000 per project, study
or activity is allowed: Provided further, That for a base level
less than $1,000,000, the reprogramming limit is $150,000: Provided
further, That $150,000 may be reprogrammed into any continuing
study or activity that did not receive an appropriation;
(9) Mississippi river and tributaries.--The same reprogramming
guidelines for the Investigations, Construction, and Operation and
Maintenance portions of the Mississippi River and Tributaries
Account as listed above; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.
(b) 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) Not later than 60 days after the date of enactment of this Act,
the Corps of Engineers shall submit a report to the House and Senate
Committees on Appropriations to establish the baseline for application
of reprogramming and transfer authorities for the current fiscal year:
Provided, That the report shall include:
(1) A table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if appropriate,
and the fiscal year enacted level;
(2) A delineation in the table for each appropriation both by
object class and program, project and activity as detailed in the
budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.

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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.

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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.

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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.

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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.

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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''.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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).

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2007 (Public Law 110-114; 121 Stat. 1041) is amended by inserting after
the word ``before'', the following: ``, on and after''.

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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.

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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.''.

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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.

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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.

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is amended by striking ``2010'' each place it appears and inserting
``2013''.

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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.

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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, 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.

82df41292129651a2a40a2518a2bcdf611831639e7357396e152ea97eabcc7d7

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 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
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

bfec1d25a8770f675882c350de4afe09ce8718e01d8f23c43f12e9c55fd4a035

for Water and Related Resources, or provided by previous appropriations
Acts to the agencies or entities funded in title II of this Act for
Water and Related Resources that remain available for obligation or
expenditure in fiscal year 2010, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) initiates or creates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity for
which funds have been denied or restricted by this Act, unless
prior approval is received from the Committees on Appropriations of
the House of Representatives and the Senate;
(4) restarts or resumes any program, project or activity for
which funds are not provided in this Act, unless prior approval is
received from the Committees on Appropriations of the House of
Representatives and the Senate;
(5) transfers funds in excess of the following limits, unless
prior approval is received from the Committees on Appropriations of
the House of Representatives and the Senate:
(A) 15 percent for any program, project or activity for
which $2,000,000 or more is available at the beginning of the
fiscal year; or
(B) $300,000 for any program, project or activity for which
less than $2,000,000 is available at the beginning of the
fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior approval
is received from the Committees on Appropriations of the House of
Representatives and the Senate; or
(7) transfers, where necessary to discharge legal obligations
of the Bureau of Reclamation, more than $5,000,000 to provide
adequate funds for settled contractor claims, increased contractor
earnings due to accelerated rates of operations, and real estate
deficiency judgments, unless prior approval is received from the
Committees on Appropriations of the House of Representatives and
the Senate.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term ``transfer'' means any
movement of funds into or out of a program, project, or activity.
(d) The Bureau of Reclamation shall submit reports on a quarterly
basis to the Committees on Appropriations of the House of
Representatives and the Senate detailing all the funds reprogrammed
between programs, projects, activities, or categories of funding. The
first quarterly report shall be submitted not later than 60 days after
the date of enactment of this Act.

e809bbc2e75a8a95eccb5aba4b33066c35e9e96c3710faf993d4f8cb30f664de

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.

3950d5242e969b11bf33a4d1f43f563ddd3818dc02fe1e07fe03db999e8408b8

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.

3b178697565a6e0ac904b8e21c5e89e10c362fb00a6dbc2e9e07507d04873949

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.

9fc5bc6fa9f1a0f5bcfbca9fc7d9ce0f742be19359f4c5dcfee13eddc936fbcf

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''.

3a0aec014f4ee3fe210c4a9520510d0b8ffad48e4a696cea40d759859ea4deb0

Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2268), is
amended--
(1) in paragraph (1)--
(A) by redesignating clauses (i) through (iv) of
subparagraph (B) as subclauses (I) through (IV), respectively,
and indenting the subclauses appropriately;
(B) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and indenting the clauses
appropriately;
(C) by striking ``(a)(1) Using'' and inserting the
following:
``(a) Action by Secretary.--
``(1) Provision of funds.--
``(A) In general.--Using'';
(D) in subparagraph (A) (as so redesignated)--
(i) in the matter preceding clause (i) (as so
redesignated), by inserting ``or the National Fish and
Wildlife Foundation'' after ``University of Nevada'';
(ii) in clause (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 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)''.

e8429b4f90b960eaeb9c25873d314fc26cfb00fd68b6929904b29c41d936bc12

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.''.

174623c0a2e7a52bb2b787afc665681623346fb20a815c8523e02f91d1beaae4

the Farm Security and Rural Investment Act of 2002 (43 U.S.C. 2211
note; Public Law 107-171), the Secretary of the Interior, acting
through the Commissioner of Reclamation, shall--
(1) provide, 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) $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) $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) $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--
(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
(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).

4ca18e90b6f487d01bdfd7c3ae8fbf35813bed515816ad957f077aa6b70eb0f6

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.

49529fcae79dc6fdf6a5fa050676c7d03f5db9badfc0f3db8813f14fc050c538

``2010'' wherever it appears and inserting ``2014'' in lieu thereof.

8b641466ff7ef03f6593732c352bc88307a75c71686b48981c8575464c235abb

1e9bc563b87397c7c57159370aab4b2b3db91548c850fc10cdd6e55254cf3848

to prepare or initiate Requests For Proposals (RFPs) for a program if
the program has not been funded by Congress.

32c29888ffab68d8dda12e2b4d888d02bf57532b5a969276bee67d012a6b3111

(1) to augment the funds made available for obligation by this
Act for severance payments and other benefits and community
assistance grants under section 4604 of the Atomic Energy Defense
Act (50 U.S.C. 2704) unless the Department of Energy submits a
reprogramming request to the appropriate congressional committees;
or
(2) to provide enhanced severance payments or other benefits
for employees of the Department of Energy under such section; or
(3) develop or implement a workforce restructuring plan that
covers employees of the Department of Energy.

052ca4a67a60b73df6804e5f82655e49b1d14803e16a948eaf38315db68ea2f7

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.

d1cd95ba873faea50502e4f5adfce79e475933b8444dae423b450ee3bcfc55c3

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.

0184c4171c9c53291cf62b0a81fc15e7c41b90018bc23fc8449bfbfab0bea089

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.

55abf911bbce6a851f09ad2dfa8307070f55a5148d2a4deee7b28de5df7c49a1

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.

7dc803beeea9e60f1f902d37499265f4e0958098ad0116aad592df246fd68d82

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.

ea64f39af46bf07137a2c3747d9ab041f9248269166a9b81c73c184bb122ddf5

determines that additional funds are needed to reimburse the costs of
defined benefit pension plans for contractor employees, the Secretary
may transfer not more than 1 percent from each appropriation made
available in this and subsequent Energy and Water Development
Appropriation Acts to any other appropriation available to the
Secretary in the same Act for such reimbursements.
(b) Where the Secretary recovers the costs of defined benefit
pension plans for contractor employees through charges for the indirect
costs of research and activities at facilities of the Department of
Energy, if the indirect costs attributable to defined benefit pension
plan costs in a fiscal year are more than charges in fiscal year 2008,
the Secretary shall carry out a transfer of funds under this section.
(c) In carrying out a transfer under this section, the Secretary
shall use each appropriation made available to the Department in that
fiscal year as a source for the transfer, and shall reduce each
appropriation by an equal percentage, except that appropriations for
which the Secretary determines there exists a need for additional funds
for pension plan costs in that fiscal year, as well as appropriations
made available for the Power Marketing Administrations, the title XVII
loan guarantee program, and the Federal Energy Regulatory Commission,
shall not be subject to this requirement.
(d) Each January, the Secretary shall report to the Committees on
Appropriations of the House of Representatives and the Senate on the
state of defined benefit pension plan liabilities in the Department for
the preceding year.
(e) This transfer authority does not apply to supplemental
appropriations, and is in addition to any other transfer authority
provided in this or any other Act. The authority provided under this
section shall expire on September 30, 2015.
(f) The Secretary shall notify the Committees on Appropriations of
the House of Representatives and the Senate in writing not less than 30
days in advance of each transfer authorized by this section.

c0f0fcaf7f898d33de05dbdc0fb095ae2d9bfd50413e3430e7cd34d03a775672

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) This section is effective for fiscal year 2010 and subsequent
fiscal years.

2d72e83618e79515da3d5d007df54be83497716db078d229211bcac6312b5258

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 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.''.

4f1736b07a6d001fd28d058a85729dddc815a87399ba15799f0d40f07198e1c6

to make a grant allocation, discretionary grant award, discretionary
contract award, Other Transaction Agreement, or to issue a letter of
intent totaling in excess of $1,000,000, or to announce publicly the
intention to make such an award, including a contract covered by the
Federal Acquisition Regulation, unless the Secretary of Energy notifies
the Committees on Appropriations of the Senate and the House of
Representatives at least 3 full business days in advance of making such
an award or issuing such a letter: Provided, That if the Secretary of
the Department of Energy determines that compliance with this section
would pose a substantial risk to human life, health, or safety, an
award may be made without notification and the Committees on
Appropriations of the Senate and the House of Representatives shall be
notified not later than 5 full business days after such an award is
made or letter issued.

973029c5770dfd59baa3912ec8b30e2330d501b6b3fa533f4edc7d1c89ddff1f

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 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'';
(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) 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.

f35164cffba4429e7377c4473e29d7b6c4dfb2cf8e56d2b8116b560d5dcfaff5

funds appropriated or otherwise made available by this title for the
Strategic Petroleum Reserve may be made available to any person that as
of the enactment of this Act--
(1) is selling refined petroleum products valued at $1,000,000
or more to the Islamic Republic of Iran;
(2) is engaged in an activity valued at $1,000,000 or more that
could contribute to enhancing the ability of the Islamic Republic
of Iran to import refined petroleum products, including--
(A) providing ships or shipping services to deliver refined
petroleum products to the Islamic Republic of Iran;
(B) underwriting or otherwise providing insurance or
reinsurance for such an activity; or
(C) financing or brokering such an activity; or
(3) is selling, leasing, or otherwise providing to the Islamic
Republic of Iran any goods, services, or technology valued at
$1,000,000 or more that could contribute to the maintenance or
expansion of the capacity of the Islamic Republic of Iran to
produce refined petroleum products.
(b) The prohibition on the use of funds under subsection (a) shall
not apply with respect to any contract entered into by the United
States Government before the date of the enactment of this Act.
(c) If the Secretary determines a person made ineligible by this
section has ceased the activities enumerated in (a)(1)-(3), that person
shall no longer be ineligible under this section.

a1cbd4514558ce1ea977664b33f533cadf8aed2e4ac753d8a71230873712b42f

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 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 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 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

91d4bbea53fe90e4a18fb0f24c7333ab817a25cf7cff0577449f014e90857a24

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.

4fdc3fedfd98fc40d059df906e5948f24225437d6260657c8ff35461f1cc6e08

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

caebafd069d849770beedd0738da314ed3bdad9ab0b2918714d8f0bd9fa6b543

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

763afbc7507038ac73d070a87864096ca4327b5898036eadf900b9562a940de5

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.

5e6aabe2f7557b4c71477d53e4b0bf31646c798a77abf5e97abebd9d5b78b027

Act should be used to purchase light bulbs that are ``Energy Star''
qualified or have the ``Federal Energy Management Program''
designation.

4e54d1a97580008a10e0f009f541123bd554cdbe70256279783c9219366add3c

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

0ee583a4bcf59deb7f28830d4c309ebff16c4dd0a469d63988757f57d662672d

(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.--
(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.

44739976a247541a595dec57357ce2cd2ca54443d727a9554e6f29bf47c431c5

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.

92919159e207d92a4b39f5ab8e48f73ecf1975f922257bf64e5f6a2457dcf6ed

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.

583fb554930be86e194829b8a0ced724636a699395cbcff315bfa9fc08d2d5f6

amended--
(1) in subsections (a) and (b) of section 158, by striking
``section 158'' each place it appears and inserting ``section
157''; and
(2) in section 162, by striking ``sections 158 through 162''
and inserting ``sections 157 through 161''.
(b) 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''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

e2442c2ea5654e10813f21f1ca2f2888521307515cbfe28241aa5d95e0cfe2ec

Energy and Water Development and Related Agencies Appropriations Act, 2010 — HR. 3183

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