In the nature of a substitute.

SA 1813. Mr. DORGAN submitted an amendment intended to be proposed by
him to the bill H.R. 3183, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2010, and for other purposes; as follows:
Strike all after the enacting clause and insert the
following:

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

TITLE I

CORPS OF ENGINEERS--CIVIL

DEPARTMENT OF THE ARMY

Corps of Engineers--civil

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

general investigations

For expenses necessary where authorized by law for the
collection and study of basic information pertaining to river
and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related needs;
for surveys and detailed studies, and plans and
specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem
restoration projects and related efforts prior to
construction; for restudy of authorized projects; and for
miscellaneous investigations and, when authorized by law,
surveys and detailed studies, and plans and specifications of
projects prior to construction, $170,000,000, to remain
available until expended.

construction, general

For expenses necessary for the construction of river and
harbor, flood and storm damage reduction, shore protection,
aquatic ecosystem restoration, and related projects
authorized by law; for conducting detailed studies, and plans
and specifications, of such projects (including those
involving participation by States, local governments, or
private groups) authorized or made eligible for selection by
law (but such detailed studies, and plans and specifications,
shall not constitute a commitment of the Government to
construction); $1,924,000,000, to remain available until
expended; of which such sums as are necessary to cover the
Federal share of construction costs for facilities under the
Dredged Material Disposal Facilities program shall be derived
from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which such sums as are necessary
pursuant to Public Law 99-662 shall be derived from the
Inland Waterways Trust Fund, to cover one-half of the costs
of construction, replacement, rehabilitation, and expansion
of inland waterways projects (including only Chickamauga
Lock, Tennessee; Kentucky Lock and Dam, Tennessee River,
Kentucky; Lock and Dams 2, 3, and 4 Monongahela River,
Pennsylvania; Markland Locks and Dam, Kentucky and Indiana;
Olmsted Lock and Dam, Illinois and Kentucky; and Emsworth
Locks and Dam, Ohio River, Pennsylvania) shall be derived
from the Inland Waterways Trust Fund: Provided, That the
Chief of Engineers is directed to use $18,000,000 of the
funds appropriated herein for the Dallas Floodway Extension,
Texas, project, including the Cadillac Heights feature,
generally in accordance with the Chief of Engineers report
dated December 7, 1999: Provided further, That the Chief of
Engineers is directed to use $21,750,000 of funds available
for the Marlinton, West Virginia Local

[[Page S8138]]

Protection Project to continue engineering and design
efforts, execute a project partnership agreement, and
construct the project substantially in accordance with
Alternative 1 as described in the Corps of Engineers Final
Detailed Project Report and Environmental Impact Statement
for Marlinton, West Virginia Local Protection Project dated
September 2008: Provided further, That the Federal and non-
Federal shares shall be determined in accordance with the
ability-to-pay provisions prescribed in section 103(m) of the
Water Resources Development Act of 1986, as amended: Provided
further, That the Chief of Engineers is directed to use
$2,750,000 of the funds appropriated herein for planning,
engineering, design or construction of the Grundy, Buchanan
County, and Dickenson County, Virginia, elements of the
Levisa and Tug Forks of the Big Sandy River and Upper
Cumberland River Project: Provided further, That the Chief of
Engineers is directed to use $4,000,000 of the funds
appropriated herein to continue planning, engineering, design
or construction of the Lower Mingo County, Upper Mingo
County, Wayne County, McDowell County, West Virginia,
elements of the Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River Project.

mississippi river and tributaries

For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley
below Cape Girardeau, Missouri, as authorized by law,
$340,000,000, to remain available until expended, of which
such sums as are necessary to cover the Federal share of
eligible operation and maintenance costs for inland harbors
shall be derived from the Harbor Maintenance Trust Fund:
Provided, That the Secretary of the Army, acting through the
Chief of Engineers is directed to use $10,000,000
appropriated herein for construction of water withdrawal
features of the Grand Prairie, Arkansas, project.

operation and maintenance

For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage
reduction, aquatic ecosystem restoration, and related
projects authorized by law; providing security for
infrastructure owned or operated by the Corps, including
administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public
agency that serve essential navigation needs of general
commerce, where authorized by law; surveying and charting
northern and northwestern lakes and connecting waters;
clearing and straightening channels; and removing
obstructions to navigation, $2,450,000,000, to remain
available until expended, of which such sums as are necessary
to cover the Federal share of eligible operation and
maintenance costs for coastal harbors and channels, and for
inland harbors shall be derived from the Harbor Maintenance
Trust Fund; of which such sums as become available from the
special account for the Corps established by the Land and
Water Conservation Act of 1965, as amended (16 U.S.C. 460l-
6a(i)), shall be derived from that account for resource
protection, research, interpretation, and maintenance
activities related to resource protection in the areas at
which outdoor recreation is available; and of which such sums
as become available from fees collected under section 217 of
the Water Resources Development Act of 1996 (Public Law 104-
303), shall be used to cover the cost of operation and
maintenance of the dredged material disposal facilities for
which such fees have been collected: Provided, That 1 percent
of the total amount of funds provided for each of the
programs, projects or activities funded under this heading
shall not be allocated to a field operating activity prior to
the beginning of the fourth quarter of the fiscal year and
shall be available for use by the Chief of Engineers to fund
such emergency activities as the Chief of Engineers
determines to be necessary and appropriate; and that the
Chief of Engineers shall allocate during the fourth quarter
any remaining funds which have not been used for emergency
activities proportionally in accordance with the amounts
provided for the programs, projects or activities.

regulatory program

For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$190,000,000, to remain available until expended.

formerly utilized sites remedial action program

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

general expenses

For expenses necessary for the supervision and general
administration of the civil works program in the headquarters
of the United States Army Corps of Engineers, and the offices
of the Division Engineers; and for the management and
operation of the Humphreys Engineer Center Support Activity,
the Institute for Water Resources, the United States Army
Engineer Research and Development Center, and the United
States Army Corps of Engineers Finance Center, $186,000,000,
to remain available until expended, of which not to exceed
$5,000 may be used for official reception and representation
purposes and only during the current fiscal year: Provided,
That no part of any other appropriation provided in title I
of this Act shall be available to fund the civil works
activities of the Office of the Chief of Engineers or the
civil works executive direction and management activities of
the division offices: Provided further, That any Flood
Control and Coastal Emergencies appropriation may be used to
fund the supervision and general administration of emergency
operations, repairs, and other activities in response to any
flood, hurricane, or other natural disaster.

office of assistant secretary of the army (civil works)

For the Office of Assistant Secretary of the Army (Civil
Works) as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to
remain available until expended.

administrative provision

The Revolving Fund, Corps of Engineers, shall be available
during the current fiscal year for purchase (not to exceed
100 for replacement only) and hire of passenger motor
vehicles for the civil works program.

general provisions, corps of engineers--civil

Sec. 101. (a) None of the funds provided in title I of this
Act, or provided by previous appropriations Acts to the
agencies or entities funded in title I of this Act that
remain available for obligation or expenditure in fiscal year
2010, shall be available for obligation or expenditure
through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the House
and Senate Committees on Appropriations;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received
from the House and Senate Committees on Appropriations;
(5) augments or reduces existing programs, projects or
activities in excess of the amounts contained in subsections
6 through 10, unless prior approval is received from the
House and Senate Committees on Appropriations;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit
of $150,000 per project, study or activity is allowed:
Provided, That for a base level less than $100,000, the
reprogramming limit is $25,000: Provided further, That up to
$25,000 may be reprogrammed into any continuing study or
activity that did not receive an appropriation for existing
obligations and concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit
of $3,000,000 per project, study or activity is allowed:
Provided, That for a base level less than $2,000,000, the
reprogramming limit is $300,000: Provided further, That up to
$3,000,000 may be reprogrammed for settled contractor claims,
changed conditions, or real estate deficiency judgments:
Provided further, That up to $300,000 may be reprogrammed
into any continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted in order for the Corps to be able to
respond to emergencies: Provided, That the Chief of Engineers
must notify the House and Senate Committees on Appropriations
of these emergency actions as soon thereafter as practicable:
Provided further, That for a base level over $1,000,000,
reprogramming of 15 percent of the base amount a limit of
$5,000,000 per project, study or activity is allowed:
Provided further, That for a base level less than $1,000,000,
the reprogramming limit is $150,000: Provided further, That
$150,000 may be reprogrammed into any continuing study or
activity that did not receive an appropriation;
(9) Mississippi river and tributaries.--The same
reprogramming guidelines for the Investigations,
Construction, and Operation and Maintenance portions of the
Mississippi River and Tributaries Account as listed above;
and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the
receiving project is permitted.
(b) Continuing Authorities Program.--Subsection (a)(1)
shall not apply to any project or activity funded under the
continuing authorities program.
(c) Not later than 60 days after the date of enactment of
this Act, the Corps of Engineers shall submit a report to the
House and Senate Committees on Appropriations to establish
the baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided, That the
report shall include:
(1) A table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.

[[Page S8139]]

Sec. 102.  None of the funds in this Act, or previous Acts,
making funds available for Energy and Water Development,
shall be used to implement any pending or future competitive
sourcing actions under OMB Circular A-76 or High Performing
Organizations for the U.S. Army Corps of Engineers.
Sec. 103.  Within 90 days of the date of the Chief of
Engineers Report on a water resource matter, the Assistant
Secretary of the Army (Civil Works) shall submit the report
to the appropriate authorizing and appropriating committees
of the Congress.

water reallocation, lake cumberland, kentucky

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

(rescission)

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

(rescission)

Sec. 116.  The amount of $1,800,000 made available in
division C, of Public Law 111-8, under the heading
``Construction, General'' for site restoration of the St.
Johns Bayou-New Madrid Floodway, Missouri, project less any
funds needed for contract termination, and are hereby
rescinded and $1,800,000 is appropriated under the heading
``Construction, General'' for section 206 (Public Law 104-
303), Aquatic Ecosystem Restoration, as amended.

TITLE II

DEPARTMENT OF THE INTERIOR

Central Utah Project

central utah project completion account

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

Bureau of Reclamation

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

water and related resources

(including transfers of funds)

For management, development, and restoration of water and
related natural resources and for related activities,
including the operation, maintenance, and rehabilitation of
reclamation and other facilities, participation in fulfilling
related Federal responsibilities to Native Americans, and
related grants to, and cooperative and other agreements with,
State and local governments, federally recognized Indian
tribes, and others, $993,125,000, to remain available until
expended, of which $53,240,000 shall be available for
transfer to the Upper Colorado River Basin Fund and
$17,936,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund; of which such amounts
as may be necessary may be advanced to the Colorado River Dam
Fund; of which not more than $500,000 is for high priority
projects which shall be carried out by the Youth Conservation
Corps, as authorized by 16 U.S.C. 1706: Provided, That such
transfers may be increased or decreased within the overall
appropriation under this heading: Provided further, That of
the total appropriated, the amount for program activities
that can be financed by the Reclamation Fund or the Bureau of
Reclamation special fee account established by 16 U.S.C.
460l-6a(i) shall be derived from that Fund or account:
Provided further, That funds contributed under 43 U.S.C. 395
are available until expended for the purposes for which
contributed: Provided further, That funds advanced under 43
U.S.C. 397a shall be credited to this account and are
available until expended for the same purposes as the sums
appropriated under this heading: Provided further, That funds
available for expenditure for the Departmental Irrigation
Drainage Program may be expended by the Bureau of Reclamation
for site remediation on a nonreimbursable basis.

central valley project restoration fund

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

california bay-delta restoration

(including transfers of funds)

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

policy and administration

For necessary expenses of policy, administration, and
related functions in the Office of

[[Page S8140]]

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

administrative provision

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

General Provisions, Department of the Interior

Sec. 201. (a) None of the funds provided in title II of
this Act for Water and Related Resources, or provided by
previous appropriations Acts to the agencies or entities
funded in title II of this Act for Water and Related
Resources that remain available for obligation or expenditure
in fiscal year 2010, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate;
(5) transfers funds in excess of the following limits,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate:
(A) 15 percent for any program, project or activity for
which $2,000,000 or more is available at the beginning of the
fiscal year; or
(B) $300,000 for any program, project or activity for which
less than $2,000,000 is available at the beginning of the
fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than
$5,000,000 to provide adequate funds for settled contractor
claims, increased contractor earnings due to accelerated
rates of operations, and real estate deficiency judgments,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate.
(b) Subsection (a)(5) shall not apply to any transfer of
funds within the Facilities Operation, Maintenance, and
Rehabilitation category.
(c) For purposes of this section, the term ``transfer''
means any movement of funds into or out of a program,
project, or activity.
(d) The Bureau of Reclamation shall submit reports on a
quarterly basis to the Committees on Appropriations of the
House of Representatives and the Senate detailing all the
funds reprogrammed between programs, projects, activities, or
categories of funding. The first quarterly report shall be
submitted not later than 60 days after the date of enactment
of this Act.
Sec. 202. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis
Unit until development by the Secretary of the Interior and
the State of California of a plan, which shall conform to the
water quality standards of the State of California as
approved by the Administrator of the Environmental Protection
Agency, to minimize any detrimental effect of the San Luis
drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program
shall be classified by the Secretary of the Interior as
reimbursable or nonreimbursable and collected until fully
repaid pursuant to the ``Cleanup Program-Alternative
Repayment Plan'' and the ``SJVDP-Alternative Repayment Plan''
described in the report entitled ``Repayment Report,
Kesterson Reservoir Cleanup Program and San Joaquin Valley
Drainage Program, February 1995'', prepared by the Department
of the Interior, Bureau of Reclamation. Any future
obligations of funds by the United States relating to, or
providing for, drainage service or drainage studies for the
San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203.  None of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the
salaries and expenses of personnel to purchase or lease water
in the Middle Rio Grande or the Carlsbad Projects in New
Mexico unless said purchase or lease is in compliance with
the purchase requirements of section 202 of Public Law 106-
60.
Sec. 204.  Funds under this title for Drought Emergency
Assistance shall be made available primarily for leasing of
water for specified drought related purposes from willing
lessors, in compliance with existing State laws and
administered under State water priority allocation.
Sec. 205.  Section 9 of the Fort Peck Reservation Rural
Water System Act of 2000 (Public Law 106-382; 114 Stat. 1457)
is amended by striking ``over a period of 10 fiscal years''
each place it appears in subsections (a)(1) and (b) and
inserting ``through fiscal year 2015''.
Sec. 206.  Section 208(a) of the Energy and Water
Development Appropriations Act, 2006 (Public Law 109-103; 119
Stat. 2268), is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``not more than'';
(ii) by inserting ``or the National Fish and Wildlife
Foundation'' after ``University of Nevada''; and
(iii) by inserting ``The Secretary may provide funds to the
National Fish and Wildlife Foundation in advance without
regard to when expenses are incurred. The funds shall be
subject to the provisions of the National Fish and Wildlife
Foundation Establishment Act, excluding subsection (a) of
section 10 of the Act (16 U.S.C. 3709(a)).'' at the end;
(B) in subparagraph (A), by striking ``, Nevada; and'' and
inserting ``; and'';
(C) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(C) to design and implement conservation and stewardship
measures to address impacts from activities carried out--
``(i) under subparagraph (A); and
``(ii) in conjunction with willing landowners.''; and
(2) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``the University'' and all that follows
through ``beneficial to--'' and inserting ``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--''.
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.  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) (as amended by section
2807 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 1818)), the Secretary of the
Interior, acting through the Commissioner of Reclamation,
shall--
(1) provide, in accordance with section 208(a)(1) of the
Energy and Water Development Appropriations Act, 2006 (Public
Law 109-103; 119 Stat. 2268), as amended--
(A) $66,200,000 to establish the Walker Lake Basin
Restoration Program for the primary purpose of restoring and
maintaining Walker Lake, a natural desert terminal lake in
Nevada, consistent with protection of the ecological health
of the Walker River and its riparian and watershed resources.
(B) Funds made available under section (1)(A) shall be used
to support efforts to preserve Walker Lake while protecting
agricultural, environmental and habitat interests in the
basin, and be allocated as follows:
(i) $25,000,000 for--

(I) the implementation of a three-year water leasing
demonstration program in the Walker River Basin to increase
Walker Lake inflows;
(II) use in obtaining information regarding the
establishment, budget, and scope of a longer-term leasing
program;

(ii) $25,000,000 to further the acquisition of water and
related interests from willing sellers authorized by section
208(a)(1)(A) of Public Law 109-103 (119 Stat. 2268), as
amended;
(iii) $1,000,000 for activities related 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 thereunder;
(iv) $10,000,000 for associated Walker Lake Basin
conservation and stewardship activities, including but not
limited to, 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 Lake Basin Restoration Program; and
(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)(B) of that Act
(Public Law 109-103; 119 Stat. 2268) and
(II) to conduct an annual evaluation of the results of the
activities carried out under subsections (i) and (ii) for the
purposes of maximizing water conveyances to Walker Lake
support and inform the above and related acquisition and
stewardship initiatives in the Walker Lake Basin; and

(vi) $200,000 to support alternative crops and alternative
agricultural cooperatives

[[Page S8141]]

programs in Lyon County, Nevada, that promote significant
water conservation in the Walker River Basin.
(C) Funds allocated under section (1)(A) shall be provided
to the National Fish and Wildlife Foundation in advance
without regard to when expenses are incurred and be subject
to the provisions of the National Fish and Wildlife
Foundation Establishment Act, excluding subsection (a) of
section 10 of the Act (16 U.S.C. 3709(a)).
(2) allocate--
(A) $2,000,000, acting through a nonprofit conservation
organization, acting in consultation with the Truckee Meadows
Water Authority, for--
(i)(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; and
(ii) with respect to any amounts in excess of the amounts
required to carry out clause (i)(I), stewardship purposes, to
remain available until expended;
(B) $5,000,000 to provide grants, to be divided equally, 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 River Settlement Act, Public Law 101-618; and
(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.
Sec. 209.  Notwithstanding the provisions of section 11(c)
of Public Law 89-108, as amended by section 9 of Public Law
99-294, the Commissioner is directed to modify the April 9,
2002, Grant Agreement Between Bureau of Reclamation and North
Dakota Natural Resources Trust to provide funding for the
Trust to continue its investment program/Agreement No.
02FG601633 to authorize the North Dakota Natural Resources
Trust Board of Directors to expend all or any portion of the
funding allocation received pursuant to section 11(a)(2)(B)
of the Dakota Water Resources Act of 2000 for the purpose of
operations of the Natural Resource Trust whether such amounts
are principal or received as investment income: Provided,
That operational expenses that may be funded from the
principal allocation shall not exceed 105 percent of the
previous fiscal year's operating costs: Provided further,
That the Commissioner of Reclamation is authorized to include
in such modified agreement with the Trust authorized under
this section appropriate provisions regarding the repayment
of any funds that constitute principal from the Trust Funds.
Sec. 210.  Title I of Public Law 108-361 is amended by
striking ``2010'' wherever it appears and inserting ``2015''
in lieu thereof.

TITLE III

DEPARTMENT OF ENERGY

ENERGY PROGRAMS

Energy Efficiency and Renewable Energy

For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy efficiency and
renewable energy activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $2,233,967,000, to
remain available until expended: Provided, That, of the
amount appropriated in this paragraph, $148,075,000 shall be
used for projects specified in the table that appears under
the heading ``Congressionally Directed Energy Efficiency and
Renewable Energy Projects'' in the report of the Committee on
Appropriations of the United States Senate to accompany this
Act.

Electricity Delivery and Energy Reliability

For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for electricity delivery and
energy reliability activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $179,483,000, to
remain available until expended: Provided, That, within the
funding available funding the Secretary shall establish an
independent national energy sector cyber security
organization to institute research, development and
deployment priorities, including policies and protocol to
ensure the effective deployment of tested and validated
technology and software controls to protect the bulk power
electric grid and integration of smart grid technology to
enhance the security of the electricity grid: Provided
further, That within 60 days of enactment, the Secretary
shall invite applications from qualified entities for the
purpose of forming and governing a national energy sector
cyber organization that have the knowledge and capacity to
focus cyber security research and development and to identify
and disseminate best practices; organize the collection,
analysis and dissemination of infrastructure vulnerabilities
and threats; work cooperatively with the Department of Energy
and other Federal agencies to identify areas where Federal
agencies with jurisdiction may best support efforts to
enhance security of the bulk power electric grid: Provided
further, That, of the amount appropriated in this paragraph,
$6,475,000 shall be used for projects specified in the table
that appears under the heading ``Congressionally Directed
Electricity Delivery and Energy Reliability Projects'' in the
report of the Committee on Appropriations of the United
States Senate to accompany this Act.

Nuclear Energy

(including transfer of funds)

For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for nuclear energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, and the purchase of not to exceed 36 passenger
motor vehicles, including one ambulance, all for replacement
only, $761,274,000, to remain available until expended:
Provided, That, of the amount appropriated in this paragraph,
$2,000,000 shall be used for projects specified in the table
that appears under the heading ``Congressionally Directed
Nuclear Energy Projects'' in the report of the Committee on
Appropriations of the United States Senate to accompany this
Act.

Fossil Energy Research and Development

For necessary expenses in carrying out fossil energy
research and development activities, under the authority of
the Department of Energy Organization Act (Public Law 95-91),
including the acquisition of interest, including defeasible
and equitable interests in any real property or any facility
or for plant or facility acquisition or expansion, and for
conducting inquiries, technological investigations and
research concerning the extraction, processing, use, and
disposal of mineral substances without objectionable social
and environmental costs (30 U.S.C. 3, 1602, and 1603),
$699,200,000, to remain available until expended: Provided,
That for all programs funded under Fossil Energy
appropriations in this Act or any other Act, the Secretary
may vest fee title or other property interests acquired under
projects in any entity, including the United States: Provided
further, That, of the amount appropriated in this paragraph,
$27,300,000 shall be used for projects specified in the table
that appears under the heading ``Congressionally Directed
Fossil Energy Projects'' in the report of the Committee on
Appropriations of the United States Senate to accompany this
Act.

Naval Petroleum and Oil Shale Reserves

For expenses necessary to carry out naval petroleum and oil
shale reserve activities, including the hire of passenger
motor vehicles, $23,627,000, to remain available until
expended: Provided, That, notwithstanding any other provision
of law, unobligated funds remaining from prior years shall be
available for all naval petroleum and oil shale reserve
activities.

Strategic Petroleum Reserve

For necessary expenses for Strategic Petroleum Reserve
facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act
of 1975, as amended (42 U.S.C. 6201 et seq.), $259,073,000,
to remain available until expended.

Northeast Home Heating Oil Reserve

For necessary expenses for Northeast Home Heating Oil
Reserve storage, operation, and management activities
pursuant to the Energy Policy and Conservation Act,
$11,300,000, to remain available until expended.

Energy Information Administration

For necessary expenses in carrying out the activities of
the Energy Information Administration, $110,595,000, to
remain available until expended.

Non-Defense Environmental Cleanup

For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for non-defense environmental
cleanup activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $259,829,000, to
remain available until expended.

Uranium Enrichment Decontamination and Decommissioning Fund

For necessary expenses in carrying out uranium enrichment
facility decontamination and decommissioning, remedial
actions, and other activities of title II of the Atomic
Energy Act of 1954, and title X, subtitle A, of the Energy
Policy Act of 1992, $588,322,000, to be derived from the
Uranium Enrichment Decontamination and Decommissioning Fund,
to remain available until expended.

Science

For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment,
and other expenses necessary for science activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or facility
or for plant or facility acquisition,

[[Page S8142]]

construction, or expansion, and purchase of not to exceed 50
passenger motor vehicles for replacement only, including one
law enforcement vehicle, two ambulances, and three buses,
$4,898,832,000, to remain available until expended: Provided,
That, of the amount appropriated in this paragraph,
$41,150,000 shall be used for projects specified in the table
that appears under the heading ``Congressionally Directed
Science Projects'' in the report of the Committee on
Appropriations of the United States Senate to accompany this
Act.

Nuclear Waste Disposal

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

Title 17 Innovative Technology Loan Guarantee Program

Such sums as are derived from amounts received from
borrowers pursuant to section 1702(b)(2) of the Energy Policy
Act of 2005 under this heading in prior Acts, shall be
collected in accordance with section 502(7) of the
Congressional Budget Act of 1974: Provided,, That for
necessary administrative expenses to carry out this Loan
Guarantee program, $43,000,000 is appropriated, to remain
available until expended: Provided further, That $43,000,000
of the fees collected pursuant to section 1702(h) of the
Energy Policy Act of 2005 shall be credited as offsetting
collections to this account to cover administrative expenses
and shall remain available until expended, so as to result in
a final fiscal year 2010 appropriations from the general fund
estimated at not more than $0.

Advanced Technology Vehicles Manufacturing Loan Program

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

Departmental Administration

(including transfer of funds)

For salaries and expenses of the Department of Energy
necessary for Departmental Administration in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the hire of passenger motor
vehicles and official reception and representation expenses
not to exceed $293,684,000, to remain available until
expended, plus such additional amounts as necessary to cover
increases in the estimated amount of cost of work for others
notwithstanding the provisions of the Anti-Deficiency Act (31
U.S.C. 1511 et seq.): Provided, That such increases in cost
of work are offset by revenue increases of the same or
greater amount, to remain available until expended: Provided
further, That moneys received by the Department for
miscellaneous revenues estimated to total $119,740,000 in
fiscal year 2010 may be retained and used for operating
expenses within this account, and may remain available until
expended, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced by
the amount of miscellaneous revenues received during 2010,
and any related appropriated receipt account balances
remaining from prior years' miscellaneous revenues, so as to
result in a final fiscal year 2010 appropriation from the
general fund estimated at not more than $173,944,000.

Office of the Inspector General

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

ATOMIC ENERGY DEFENSE ACTIVITIES

NATIONAL NUCLEAR SECURITY ADMINISTRATION

Weapons Activities

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

Defense Nuclear Nonproliferation

For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other incidental expenses necessary for defense nuclear
nonproliferation activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, and the purchase of
not to exceed one passenger motor vehicle for replacement
only, $2,136,709,000, to remain available until expended.

Naval Reactors

For Department of Energy expenses necessary for naval
reactors activities to carry out the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition (by purchase, condemnation, construction, or
otherwise) of real property, plant, and capital equipment,
facilities, and facility expansion, $973,133,000, to remain
available until expended.

Office of the Administrator

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

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

Defense Environmental Cleanup

(including transfer of funds)

For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for atomic energy defense
environmental cleanup activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility
acquisition, construction, or expansion, and the purchase of
not to exceed four ambulances and three passenger motor
vehicles for replacement only, $5,763,856,000, to remain
available until expended, of which $463,000,000 shall be
transferred to the ``Uranium Enrichment Decontamination and
Decommissioning Fund'': Provided, That, of the amount
appropriated in this paragraph, $4,000,000 shall be used for
projects specified in the table that appears

[[Page S8143]]

under the heading ``Congressionally Directed Defense
Environmental Cleanup Projects'' in the report of the
Committee on Appropriations of the United States Senate to
accompany this Act.

Other Defense Activities

For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses, necessary for atomic energy defense,
other defense activities, and classified activities, in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, and the purchase of not to exceed 12 passenger
motor vehicles for replacement only, $854,468,000, to remain
available until expended: Provided, That of the amount
appropriated in this paragraph, $2,000,000 shall be used for
projects specified in the table that appears under the
heading ``Congressionally Directed Other Defense Activities
Projects'' in the report of the Committee on Appropriations
of the United States Senate to accompany this Act.

Defense Nuclear Waste Disposal

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

POWER MARKETING ADMINISTRATIONS

Bonneville Power Administration Fund

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

Operation and Maintenance, Southeastern Power Administration

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

Operation and Maintenance, Southwestern Power Administration

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

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

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

Falcon and Amistad Operating and Maintenance Fund

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

[[Page S8144]]

account as discretionary offsetting collections for the sole
purpose of funding such expenses, with such funds remaining
available until expended: Provided further, That for purposes
of this appropriation, annual expenses means expenditures
that are generally recovered in the same year that they are
incurred.

Federal Energy Regulatory Commission

salaries and expenses

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

GENERAL PROVISIONS, DEPARTMENT OF ENERGY

Sec. 301.  None of the funds appropriated by this Act may
be used to prepare or initiate Requests For Proposals (RFPs)
for a program if the program has not been funded by Congress.
Sec. 302.  None of the funds appropriated by this Act may
be used--
(1) to augment the funds made available for obligation by
this Act for severance payments and other benefits and
community assistance grants under section 4604 of the Atomic
Energy Defense Act (50 U.S.C. 2704) unless the Department of
Energy submits a reprogramming request to the appropriate
congressional committees; or
(2) to provide enhanced severance payments or other
benefits for employees of the Department of Energy under such
section; or
(3) develop or implement a workforce restructuring plan
that covers employees of the Department of Energy.
Sec. 303.  The unexpended balances of prior appropriations
provided for activities in this Act may be available to the
same appropriation accounts for such activities established
pursuant to this title. Available balances may be merged with
funds in the applicable established accounts and thereafter
may be accounted for as one fund for the same time period as
originally enacted.
Sec. 304.  None of the funds in this or any other Act for
the Administrator of the Bonneville Power Administration may
be used to enter into any agreement to perform energy
efficiency services outside the legally defined Bonneville
service territory, with the exception of services provided
internationally, including services provided on a
reimbursable basis, unless the Administrator certifies in
advance that such services are not available from private
sector businesses.
Sec. 305.  When the Department of Energy makes a user
facility available to universities or other potential users,
or seeks input from universities or other potential users
regarding significant characteristics or equipment in a user
facility or a proposed user facility, the Department shall
ensure broad public notice of such availability or such need
for input to universities and other potential users. When the
Department of Energy considers the participation of a
university or other potential user as a formal partner in the
establishment or operation of a user facility, the Department
shall employ full and open competition in selecting such a
partner. For purposes of this section, the term ``user
facility'' includes, but is not limited to: (1) a user
facility as described in section 2203(a)(2) of the Energy
Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a National
Nuclear Security Administration Defense Programs Technology
Deployment Center/User Facility; and (3) any other
Departmental facility designated by the Department as a user
facility.
Sec. 306.  Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2010 until the enactment of the Intelligence
Authorization Act for fiscal year 2010.
Sec. 307.  Of the funds made available by the Department of
Energy for activities at Government-owned, contractor-
operated laboratories funded in this Act or subsequent Energy
and Water Development Appropriations Acts, the Secretary may
authorize a specific amount, not to exceed 8 percent of such
funds, to be used by such laboratories for laboratory
directed research and development: Provided, That the
Secretary may also authorize a specific amount not to exceed
4 percent of such funds, to be used by the plant manager of a
covered nuclear weapons production plant or the manager of
the Nevada Site Office for plant or site directed research
and development.
Sec. 308.  Not to exceed 5 per centum, or $100,000,000, of
any appropriation, whichever is less, made available for
Department of Energy activities funded in this Act or
subsequent Energy and Water Development Appropriations Acts
may hereafter be transferred between such appropriations, but
no such appropriation, except as otherwise provided, shall be
increased or decreased by more than 5 per centum by any such
transfers, and request of such transfers shall be submitted
promptly to the Committees on Appropriations of the House and
Senate.
Sec. 309. (a) Subject to subsection (b), no funds
appropriated or otherwise made available by this Act or any
other Act may be used to record transactions relating to the
increase in borrowing authority or bonds outstanding at any
time under the Federal Columbia River Transmission System Act
(16 U.S.C. 838 et seq.) referred to in section 401 of
division A of the American Recovery and Reinvestment Act of
2009 (Public Law 111-5; 123 Stat. 140) under a funding
account, subaccount, or fund symbol other than the Bonneville
Power Administration Fund Treasury account fund symbol.
(b) Funds appropriated or otherwise made available by this
Act or any other Act may be used to ensure, for purposes of
meeting any applicable reporting provisions of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123
Stat. 115), that the Bonneville Power Administration uses a
fund symbol other than the Bonneville Power Administration
Fund Treasury account fund symbol solely to report accrued
expenditures of projects attributed by the Administrator of
the Bonneville Power Administration to the increased
borrowing authority.
(c) This section is effective for fiscal year 2010 and
subsequent fiscal years.
Sec. 310.  None of the funds made available by this Act may
be used to make a grant allocation, discretionary grant
award, discretionary contract award, Other Transaction
Agreement, or to issue a letter of intent totaling in excess
of $1,000,000, or to announce publicly the intention to make
such an award, including a contract covered by the Federal
Acquisition Regulation, unless the Secretary of Energy
notifies the Committees on Appropriations of the Senate and
the House of Representatives at least 3 full business days in
advance of making such an award or issuing such a letter:
Provided, That if the Secretary of the Department of Energy
determines that compliance with this section would pose a
substantial risk to human life, health, or safety, an award
may be made without notification and the Committees on
Appropriations of the Senate and the House of Representatives
shall be notified not later than 5 full business days after
such an award is made or letter issued.
Sec. 311. (a) In any fiscal year in which the Secretary of
Energy determines that additional funds are needed to
reimburse the costs of defined benefit pension plans for
contractor employees, the Secretary may transfer not more
than 1 percent from each appropriation made available in this
and subsequent Energy and Water Development Appropriation
Acts to any other appropriation available to the Secretary in
the same Act for such reimbursements.
(b) Where the Secretary recovers the costs of defined
benefit pension plans for contractor employees through
charges for the indirect costs of research and activities at
facilities of the Department of Energy, if the indirect costs
attributable to defined benefit pension plan costs in a
fiscal year are more than charges in fiscal year 2008, the
Secretary shall carry out a transfer of funds under this
section.
(c) In carrying out a transfer under this section, the
Secretary shall use each appropriation made available to the
Department in that fiscal year as a source for the transfer,
and shall reduce each appropriation by an equal percentage,
except that appropriations for which the Secretary determines
there exists a need for additional funds for pension plan
costs in that fiscal year, as well as appropriations made
available for the Power Marketing Administrations, the title
XVII loan guarantee program, and the Federal Energy
Regulatory Commission, shall not be subject to this
requirement.
(d) Each January, the Secretary shall report to the
Committees on Appropriations of the House of Representatives
and the Senate on the state of defined benefit pension plan
liabilities in the Department for the preceding year.
(e) This transfer authority does not apply to supplemental
appropriations, and is in addition to any other transfer
authority provided in this or any other Act. The authority
provided under this section shall expire on September 30,
2015.

TITLE IV

INDEPENDENT AGENCIES

Appalachian Regional Commission

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

Defense Nuclear Facilities Safety Board

salaries and expenses

For necessary expenses of the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the
Atomic Energy

[[Page S8145]]

Act of 1954, as amended by Public Law 100-456, section 1441,
$26,086,000, to remain available until expended.

Delta Regional Authority

salaries and expenses

For necessary expenses of the Delta Regional Authority and
to carry out its activities, as authorized by the Delta
Regional Authority Act of 2000, as amended, notwithstanding
sections 382C(b)(2), 382F(d), 382M, and 382N of said Act,
$13,000,000, to remain available until expended.

Denali Commission

For expenses of the Denali Commission including the
purchase, construction, and acquisition of plant and capital
equipment as necessary and other expenses, $11,965,000, to
remain available until expended, notwithstanding the
limitations contained in section 306(g) of the Denali
Commission Act of 1998.

Nuclear Regulatory Commission

salaries and expenses

For necessary expenses of the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974, as
amended, and the Atomic Energy Act of 1954, as amended,
including official representation expenses (not to exceed
$25,000), $1,061,000,000, to remain available until expended:
Provided, That of the amount appropriated herein, $29,000,000
shall be derived from the Nuclear Waste Fund: Provided
further, That revenues from licensing fees, inspection
services, and other services and collections estimated at
$902,402,000 in fiscal year 2010 shall be retained and used
for necessary salaries and expenses in this account,
notwithstanding 31 U.S.C. 3302, and shall remain available
until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues
received during fiscal year 2010 so as to result in a final
fiscal year 2010 appropriation estimated at not more than
$158,598,000: Provided further, That of the amounts
appropriated, $10,000,000 is provided to support university
research and development in areas relevant to their
respective organization's mission, and $5,000,000 is to
support a Nuclear Science and Engineering Grant Program that
will support multiyear projects that do not align with
programmatic missions but are critical to maintaining the
discipline of nuclear science and engineering.

office of inspector general

For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $10,860,000, to remain available until
expended: Provided, That revenues from licensing fees,
inspection services, and other services and collections
estimated at $9,774,000 in fiscal year 2010 shall be retained
and be available until expended, for necessary salaries and
expenses in this account, notwithstanding 31 U.S.C. 3302:
Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year
2010 so as to result in a final fiscal year 2010
appropriation estimated at not more than $1,086,000.

Nuclear Waste Technical Review Board

salaries and expenses

For necessary expenses of the Nuclear Waste Technical
Review Board, as authorized by Public Law 100-203, section
5051, $3,891,000, to be derived from the Nuclear Waste Fund,
and to remain available until expended.

Office of the Federal Coordinator for Alaska Natural Gas Transportation
Projects

For necessary expenses for the Office of the Federal
Coordinator for Alaska Natural Gas Transportation Projects
pursuant to the Alaska Natural Gas Pipeline Act of 2004,
$4,466,000 until expended: Provided, That any fees, charges,
or commissions received pursuant to section 802 of Public Law
110-140 in fiscal year 2010 in excess of $4,683,000 shall not
be available for obligation until appropriated in a
subsequent Act of Congress.

General Provision

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

TITLE V

GENERAL PROVISIONS

Sec. 501.  None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 502.  None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in this Act
or any other appropriation Act.
This Act may be cited as the ``Energy and Water Development
and Related Agencies Appropriations Act, 2010''.
______