U.S. Congress - Text of H.R.3183 as Enrolled Bill Energy and Water Development and Related Agencies Appropriations Act, 2010
The easiest way to email your members of Congress
Donate NowH.R.3183 - Energy and Water Development and Related Agencies Appropriations Act, 2010
Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2010, and for other purposes.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Reported in House | 12,865 | n/a | n/a |
| Engrossed in House | 13,147 | 28 | 8% |
| Placed on Calendar Senate | 13,156 | 8 | 0% |
| Engrossed Amendment Senate | 16,551 | 424 | 61% |
| Enrolled Bill | 17,095 | 171 Show Changes Hide Changes | 35% |
Key: changed or removed text inserted or modified text
Loading Bill Text
Rollover any line of text to comment and/or link to it.
HR 3183 EAS In the Senate of the United States, July 29, 2009.
) entitled ‘An Act m
One Hundred Eleventh Congress
CommentsClose CommentsPermalink
of theCommentsClose CommentsPermalink
United States of AmericaCommentsClose CommentsPermalink
AT THE FIRST SESSIONCommentsClose CommentsPermalink
Begun and held at the City of Washington on Tuesday,CommentsClose CommentsPermalink
the sixth day of January, two thousand and nineCommentsClose CommentsPermalink
An ActCommentsClose CommentsPermalink
Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2010, and for other purposes.CommentsClose CommentsPermalink
’, do pass with the following AMENDMENT: Strike out all after the enacting clause and insert:
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.CommentsClose CommentsPermalink
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, $1760,000,000, to remain available until expended.CommentsClose CommentsPermalink
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); $1,9242,031,000,000, 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
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 $10,0009,661,000 appropriated herein for construction of water withdrawal features of the Grand Prairie, Arkansas, project.CommentsClose CommentsPermalink
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, $2,4500,000,000, 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 (
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.CommentsClose CommentsPermalink
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, $14034,000,000, to remain available until expended.CommentsClose CommentsPermalink
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 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, $1865,000,000, 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.CommentsClose CommentsPermalink
office of assistant secretary of the army (civil works)
For the Office of Assistant Secretary of the Army (Civil Works) as authorized by
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.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink
(1) creates or initiates a new program, project, or activity;CommentsClose CommentsPermalink
(2) eliminates a program, project, or activity;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(10) FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM- Reprogramming of up to 15 percent of the base of the receiving project is permitted.CommentsClose CommentsPermalink
(b) Diminimus Reprogrammings- In no case should a reprogramming for less than $50,000 be submitted to the House and Senate Committees on Appropriations.CommentsClose CommentsPermalink
(c) Continuing Authorities Program- Subsection (a)(1) shall not apply to any project or activity funded under the continuing authorities program.CommentsClose CommentsPermalink
(cd) 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:CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(3) An identification of items of special congressional interest.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 103. None of the funds made available in this title may be used to award or modify any contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated, except that such amounts may include any funds that have been made available through reprogramming pursuant to section 101.CommentsClose CommentsPermalink
Sec. 104. None of the funds in this Act, or previous Acts making funds available for Energy and Water Development, shall be used to award any continuing contract that commits additional funding from the Inland Waterways Trust Fund unless or until such time that a long-term mechanism to enhance revenues in the Fund sufficient to meet the cost-sharing authorized in the Water Resources Development Act of 1986 (
Sec. 105. The project for navigation, Two Harbors, Minnesota, being carried out under section 107 of the River and Harbor Act of 1960 (
Sec. 106. Section 154(h) of title I of division B of the Miscellaneous Appropriations Act, 2001 (114 Stat. 2763A-254) (as enacted into law by
Sec. 107. The Secretary is directed to use such funds as are necessary, from amounts made available in this Act under the heading ‘Construction’, to expedite acquisition of those properties located in the vicinity of Martin, Kentucky, that were damaged by the floodwaters in the May 2009 flood event and that fall within Phases 3 and 4 of the mandatory and voluntary acquisition elements identified in Plan A of the Chief of Engineers, Town of Martin Nonstructural Project Detailed Project Report, Appendix T, Section 202 General Plan, dated March 2000.CommentsClose CommentsPermalink
Sec. 108. 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.CommentsClose CommentsPermalink
water reallocation, lake cumberland, kentuckySec. 104. (a) Sec. 109. (a) In General- Subject to subsection (b), none of the funds made available by this Act may be used to carry out any water reallocation project or component under the Wolf Creek Project, Lake Cumberland, Kentucky, authorized under the Act of June 28, 1938 (52 Stat. 1215, ch. 795) and the Act of July 24, 1946 (60 Stat. 636, ch. 595).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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. 10711. 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 (
Sec. 108. Section 595(h) of12. Section 595(h) of
(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’; andCommentsClose CommentsPermalink
(2) striking ‘$50,000,000’ and inserting ‘$100,000,000’ in lieu thereof.CommentsClose CommentsPermalink
Sec. 10913. 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.CommentsClose CommentsPermalink
Sec. 1104. The project for flood damage reduction, Breckenridge, Minnesota, authorized by section 320 of the Water Resources Development Act of 2000 (
Sec. 1115. Section 122 of title I of division D of the Consolidated Appropriations Resolution, 2003 (
Sec. 1126. 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
Sec. 113. Section 3111(1) of the Water Resources Development Act,7. Section 3111(1) of the Water Resources Development Act, 2007 (
Sec. 1148. The flood control project for West Sacramento, California, authorized by section 101(4), Water Resources Development Act, 1992,
(rescission) Sec. 115. The amount of $2,100,000 made available in division C, of Sec. 116. The amount of $1,800,000 made available in division C, of Sec. 117. (a) Definitions- In this section: (1) PROJECT- The term ‘project’ means the project for permanent pumps and closure structures at or near the lakefront at Lake Pontchartrain and modifications to the 17th Street, Orleans Avenue, and London Avenue canals in and near the city of New Orleans that is-- (A) authorized by the matter under the heading ‘General Projects’ in section 204 of the Flood Control Act of 1965 ( (B) modified by-- (i) the matter under the heading ‘FLOOD CONTROL AND COASTAL EMERGENCIES (INCLUDING RESCISSION OF FUNDS)’ under the heading ‘Corps of Engineers--Civil’ under the heading ‘DEPARTMENT OF THE ARMY’ under the heading ‘DEPARTMENT OF DEFENSE--CIVIL’ of chapter 3 of title II of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 ( (ii) section 7012(a)(2) of the Water Resources Development Act of 2007 ( (iii) the matter under the heading ‘FLOOD CONTROL AND COASTAL EMERGENCIES’ under the heading ‘Corps of Engineers--Civil’ under the heading ‘DEPARTMENT OF THE ARMY’ under the heading ‘DEPARTMENT OF DEFENSE--CIVIL’ of chapter 3 of title III of the Supplemental Appropriations Act, 2008 ( (2) PUMPING STATION REPORT- The term ‘pumping station report’ means the report-- (A) prepared by the Secretary that contains the results of the investigation required under section 4303 of the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 ( (B) dated August 30, 2007. (3) SECRETARY- The term ‘Secretary’ means the Secretary of the Army, acting through the Chief of Engineers. (b) Study- (1) IN GENERAL- In implementing the project, not later than 1 year after the date of enactment of this Act, the Secretary shall complete a study of the residual risks associated with the options identified as ‘Option 1’, ‘Option 2’, and ‘Option 2a’, as described in the pumping station report. (2) REQUIREMENTS- In carrying out the study under paragraph (1), the Secretary shall identify which option described in that paragraph-- (A) is most technically advantageous; (B) is most effective from an operational perspective in providing the greatest long-term reliability in reducing the risk of flooding to the New Orleans area; (C) is most advantageous considering the engineering challenges and construction complexities of each option; and (D) is most cost-effective. (3) INDEPENDENT EXTERNAL PEER REVIEW- (A) DUTY OF SECRETARY- In accordance with Section 2034 of the Water Resource Development Act of 2007, the Chief shall carry out an independent external peer review of-- (i) the results of the study under paragraph (1); and (ii) each cost estimate completed for each option described in paragraph (1). (B) REPORT- (i) IN GENERAL- Not later than 90 days after the date of completion of the independent external peer review under subparagraph (A), in accordance with clause (ii), the Secretary shall submit a report to-- (I) the Committee on Environment and Public Works of the Senate; (II) the Committee on Appropriations of the Senate; (III) the Committee on Transportation and Infrastructure of the House of Representatives; and (IV) the Committee on Appropriations of the House of Representatives. (ii) CONTENTS- The report described in clause (i) shall contain-- (I) the results of the study described in paragraph (1); (II) a description of the findings of the independent external peer review carried out under subparagraph (A); and (III) a written response for any recommendations adopted or not adopted from the peer review. (4) SUSPENSION OF CERTAIN ACTIVITIES- The Secretary shall suspend each activity of the Secretary that would result in the design and construction of any pumping station covered by the pumping station report unless the activity is consistent with each option described in paragraph (1). (5) FEASIBILITY REPORT- Within 18 months of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that contains a feasibility level of analysis (including a cost estimate) for the project, as modified under this subsection. (6) FUNDING- In carrying out this subsection, the Secretary shall use amounts made available to modify the 17th Street, Orleans Avenue, and London Avenue drainage canals and install pumps and closure structures at or near the lakefront in the first proviso in the matter under the heading ‘FLOOD CONTROL AND COASTAL EMERGENCIES (INCLUDING RESCISSION OF FUNDS)’ under the heading ‘Corps of Engineers--Civil’ under the heading ‘DEPARTMENT OF THE ARMY’ under the heading ‘DEPARTMENT OF DEFENSE--CIVIL’ of chapter 3 of title II of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (
(1) in subclause (I), by striking ‘subclause (II)’ and inserting ‘subclauses (II) and (III)’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(aa) the completion of a post authorization change report; andCommentsClose CommentsPermalink
‘(bb) the maintenance of the Ten Mile Creek Water Preserve Area in caretaker status through fiscal year 2013.’.CommentsClose CommentsPermalink
Sec. 11920. As soon as practicable after the date of enactment of this Act, from funds made available before the date of enactment of this Act for the Tampa Harbor Big Bend Channel project, the Secretary of the Army mayshall 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.CommentsClose CommentsPermalink
Sec. 121. Notwithstanding any other provision of law, including section 103(c)(4) of
Sec. 122. Section 3112(1) of the Water Resources Development Act, 2007 (
Sec. 123. Section 805(a)(2) of
Sec. 124. The Secretary of the Army is authorized to carry out the project for storm damage reduction, Kahuku, Oahu, Hawaii, at a total cost of $6,700,000, with an estimated Federal cost of $4,360,000 and an estimated non-Federal cost of $2,340,000.CommentsClose CommentsPermalink
Sec. 125. The Secretary of the Army is authorized to acquire 24 parcels of land consisting of approximately 235 acres located within Township 21 South, Range 28 East, Sections 25, 26, 27, 34, 35 and 36, and Township 22 South, Range 28 East, Section 3 in Tulare County, for the Dam Safety Seismic Remediation project at Success Dam on the Tule River in the State of California, 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.CommentsClose CommentsPermalink
Sec. 126. During the 1-year period beginning on the date of enactment of this Act, the Secretary of the Army shall implement measures recommended in the efficacy study, or provided in interim reports, authorized under section 3061 of the Water Resources Development Act of 2007 (121 Stat. 1121), with such modifications or emergency measures as the Secretary of the Army determines to be appropriate, to prevent aquatic nuisance species from bypassing the Chicago Sanitary and Ship Canal Dispersal Barrier Project referred to in that section and to prevent aquatic nuisance species from dispersing into the Great Lakes.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Bureau of Reclamation
The following appropriations shall be expended to execute authorized functions of the Bureau of Reclamation:CommentsClose CommentsPermalink
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, $993,12551,158,000, to remain available until expended, of which $53,248,740,000 shall be available for transfer to the Upper Colorado River Basin Fund and $17,93256,000 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
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
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, $410,000,000, 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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) initiates or creates a new program, project, or activity;CommentsClose CommentsPermalink
(2) eliminates a program, project, or activity;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b) Subsection (a)(5) shall not apply to any transfer of funds within the Facilities Operation, Maintenance, and Rehabilitation category.CommentsClose CommentsPermalink
(c) For purposes of this section, the term ‘transfer’ means any movement of funds into or out of a program, project, or activity.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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
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.CommentsClose CommentsPermalink
Sec. 205. Section 9 of the Fort Peck Reservation Rural Water System Act of 2000 (
Sec. 206. Section 208(a) of the Energy and Water Development Appropriations Act, 2006 (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) by redesignating clauses (i) through (iv) of subparagraph (B) as subclauses (I) through (IV), respectively, and indenting the subclauses appropriately;CommentsClose CommentsPermalink
(B) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting the clauses appropriately;CommentsClose CommentsPermalink
(C) by striking ‘(a)(1) Using’ and inserting the following:CommentsClose CommentsPermalink
‘(a) Action by Secretary-CommentsClose CommentsPermalink
‘(1) PROVISION OF FUNDS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Using’;CommentsClose CommentsPermalink
(D) in subparagraph (A) (as so redesignated)--CommentsClose CommentsPermalink
(i) in the matter preceding clause (i) (as so redesignated), by inserting ‘or the National Fish and Wildlife Foundation’ after ‘University of Nevada’;CommentsClose CommentsPermalink
(ii) in clause (i) (as so redesignated), by striking ‘, Nevada; and’ and inserting a semicolon;(iii) in clause (ii)(IV) (as so redesignated), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(ivii) by adding at the end the following:CommentsClose CommentsPermalink
‘(iii) to design and implement conservation and stewardship measures to address impacts from activities carried out--CommentsClose CommentsPermalink
‘(I) under clause (i); andCommentsClose CommentsPermalink
‘(II) in conjunction with willing landowners.’; andCommentsClose CommentsPermalink
(E) by adding at the end the following:CommentsClose CommentsPermalink
‘(B) NATIONAL FISH AND WILDLIFE FOUNDATION-CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(I) on the date of enactment of the Energy and Water Development and Related Agencies Appropriations Act, 2010; orCommentsClose CommentsPermalink
‘(II) as soon as practicable after that date of enactment.CommentsClose CommentsPermalink
‘(ii) REQUIREMENTS-CommentsClose CommentsPermalink
‘(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 (
et seq.), in accordance with section 10(b)(1) of that Act ( 16 U.S.C. 3701 ).CommentsClose CommentsPermalink 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 (
, 3709(b)(2)), and the provision of subsection (c)(2) of section 4 of that Act ( 16 U.S.C. 3703(e) ) relating to subsection (e) of that section, shall not apply to the funds provided under clause (i).’; andCommentsClose CommentsPermalink 16 U.S.C. 3703 (2) in paragraph (2)--CommentsClose CommentsPermalink
(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--’; andCommentsClose CommentsPermalink
(B) in subparagraph (A), by striking ‘paragraph (1)(B)’ and inserting ‘paragraph (1)(A)(ii)’.CommentsClose CommentsPermalink
Sec. 207. Section 2507(b) of the Farm Security and Rural Investment Act of 2002 (
(1) in paragraph (1), by striking ‘or’ at the end;CommentsClose CommentsPermalink
(2) in paragraph (2), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(3) for efforts consistent with researching, supporting, and conserving fish, wildlife, plant, and habitat resources in the Walker River Basin.’.CommentsClose CommentsPermalink
Sec. 208. (a) Of the amounts made available under section 2507 of the Farm Security and Rural Investment Act of 2002 (
(1) provide, in accordance with section 208(a)(1)(A)(i) of the Energy and Water Development Appropriations Act, 2006 (
(2) allocate--CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(i) the acquisition of land surrounding Independence Lake; andCommentsClose CommentsPermalink
(ii) protection of the native fishery and water quality of Independence Lake, as determined by the nonprofit conservation organization;CommentsClose CommentsPermalink
(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 (
(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;CommentsClose CommentsPermalink
and(D) $1,000,000 to the United States Geological Survey to design and implement, in consultation and cooperation with other Federal departments and agencies, State and tribal governments, and other water management and conservation organizations, a water monitoring program for the Walker River Basin; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b)(1) The amount made available under subsection (a)(1) shall be--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(B) allocated as follows:CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(I) to administer and manage a 3-year water leasing demonstration program in the Walker River Basin to increase Walker Lake inflows; andCommentsClose CommentsPermalink
(II) for use in obtaining information regarding the establishment, budget, and scope of a longer-term leasing program.CommentsClose CommentsPermalink
(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 (
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(v) $5,000,000 to the University of Nevada, Reno, and the Desert Research Institute--CommentsClose CommentsPermalink
(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 (
(II) to conduct an annual evaluation of the results of the activities carried out under clauses (i) and (ii); andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(vi) $200,000 to support alternative crops and alternative agricultural cooperatives programs in Lyon Countyand Mineral Counties, Nevada, that promote water conservation in the Walker River Basin.CommentsClose CommentsPermalink
(2)(A) The amount made available under subsection (a)(1) shall be provided to the National Fish and Wildlife Foundation--CommentsClose CommentsPermalink
(i) in an advance payment of the entire amount--CommentsClose CommentsPermalink
(I) on the date of enactment of this Act; orCommentsClose CommentsPermalink
(II) as soon as practicable after that date of enactment; andCommentsClose CommentsPermalink
(ii) except as provided in subparagraph (B), subject to the National Fish and Wildlife Foundation Establishment Act (
(B) Sections 4(e) and 10(b)(2) of the National Fish and Wildlife Foundation Establishment Act (
Sec. 209. Notwithstanding the provisions of section 11(c) of
Sec. 210. Title I of
Sec. 211. (a) Section 3405(a)(1)(M) of
(b) A transfer of water between a Friant Division contractor and a south-of-Delta CVP agricultural water service contractor, approved during a two-year period beginning on the date of enactment of this Act shall, be deemed to meet the conditions set forth in subparagraphs (A) and (I) of section 3405(a)(1) of
(1) does not interfere with the San Joaquin River Restoration Settlement Act (part I of subtitle A of title X of
(2) is completed by September 30, 2012.CommentsClose CommentsPermalink
(c) As soon as practicable after the date of enactment of this Act, the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall revise, finalize, and implement the applicable draft recovery plan for the Giant Garter Snake (Thamnophis gigas).CommentsClose CommentsPermalink
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 (
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 (
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 (
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 (
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.CommentsClose CommentsPermalink
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 (
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.CommentsClose CommentsPermalink
Energy Information Administration
For necessary expenses in carrying out the activities of the Energy Information Administration, $110,595,000, to remain available until expended.CommentsClose CommentsPermalink
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 (
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, $588,32273,850,000, to be derived from the Uranium Enrichment Decontamination and Decommissioning Fund, to remain available until expended.CommentsClose CommentsPermalink
Science
(including transfer of funds)
For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for science activities in carrying out the purposes of the Department of Energy Organization Act (
Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of the Nuclear Waste Policy Act of 1982,
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from borrowers pursuant to section 1702(b)(2) of the Energy Policy Act of 2005 under this heading in prior Acts, shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided,, That for necessary administrative expenses to carry out this Loan Guarantee program, $43,000,000 is appropriated, to remain available until expended: Provided further, That $43,000,000 of the fees collected pursuant to section 1702(h) of the Energy Policy Act of 2005 shall be credited as offsetting collections to this account to cover administrative expenses and shall remain available until expended, so as to result in a final fiscal year 2010 appropriations from the general fund estimated at not more than $0: Provided further, That, in administering amounts made available by prior Acts for projects covered by title XVII of the Energy Policy Act of 2005 (
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.CommentsClose CommentsPermalink
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 Energydepartmental administration in carrying out the purposes of the Department of Energy Organization Act (
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.CommentsClose CommentsPermalink
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 (
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 (
Naval Reactors
For Department of Energy expenses necessary for naval reactors activities to carry out the Department of Energy Organization Act (
Office of the Administrator
(including transfer of funds)
For necessary expenses of the Office of the Administrator in the National Nuclear Security Administration, including official reception and representation expenses not to exceed $12,000, $420,754,000, to remain available until expended: Provided, That $10,000,000 previously appropriated for cleanup efforts at Argonne National Lab shall be transferred to ‘Non-Defense Environmental Cleanup’: Provided further, That, of the amount appropriated in this paragraph, $13,000,000 shall be used for the projects specified in the table that appears under the heading ‘Congressionally Directed Office of the Administrator (NNSA) Projects’ in the joint explanatory statement accompanying the conference report on this Act.CommentsClose CommentsPermalink
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 (
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 (
Defense Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund, established pursuant to
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 (
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 $1,500 in carrying out section 5 of the Flood Control Act of 1944 (
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 (
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
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 (
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.CommentsClose CommentsPermalink
Sec. 302. None of the funds appropriated by this Act may be used--CommentsClose CommentsPermalink
(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 (
(2) to provide enhanced severance payments or other benefits for employees of the Department of Energy under such section; orCommentsClose CommentsPermalink
(3) develop or implement a workforce restructuring plan that covers employees of the Department of Energy.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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 (
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 (
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.CommentsClose CommentsPermalink
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 (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 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) Acts to any other appropriation available to the Secretary in the same Act for such reimbursements.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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 (
(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 (
(c) This section is effective for fiscal year 2010 and subsequent fiscal years.CommentsClose CommentsPermalink
Sec. 310. Section 1702 of the Energy Policy Act of 2005 (
‘(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
.’.CommentsClose CommentsPermalink section 3145 of title 40, United States Code
Sec. 311. 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.CommentsClose CommentsPermalink
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 reimbursements2. (a) Ultra Efficient Vehicles- Section 136 of the Energy Independence and Security Act of 2007 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in paragraph (1), by inserting ‘an ultra efficient vehicle or’ after ‘means’; andCommentsClose CommentsPermalink
(B) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(A) at least 75 miles per gallon while operating on gasoline or diesel fuel;CommentsClose CommentsPermalink
‘(B) at least 75 miles per gallon equivalent while operating as a hybrid electric-gasoline or electric-diesel vehicle; orCommentsClose CommentsPermalink
‘(C) at least 75 miles per gallon equivalent while operating as a fully electric vehicle.’;CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) by inserting ‘, ultra efficient vehicle manufacturers,’ after ‘automobile manufacturers’;CommentsClose CommentsPermalink
(B) in paragraph (1)--CommentsClose CommentsPermalink
(i) by striking ‘or’ at the end of subparagraph (A);CommentsClose CommentsPermalink
(ii) by striking ‘and’ at the end of subparagraph (B) and inserting ‘or’; andCommentsClose CommentsPermalink
(iii) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(C) ultra efficient vehicles; and’; andCommentsClose CommentsPermalink
(C) in paragraph (2), by inserting ‘, ultra efficient vehicles,’ after ‘qualifying vehicles’;CommentsClose CommentsPermalink
(3) in subsection (g), by inserting ‘or are utilized primarily for the manufacture of ultra efficient vehicles’ after ‘20 years’; andCommentsClose CommentsPermalink
(4) in subsection (h)(1)(B), by striking ‘automobiles’ the first place it appears and inserting ‘ultra efficient vehicles, automobiles,’.CommentsClose CommentsPermalink
(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. Sec. 312. The Nuclear Regulatory Commission may use funds made available for the necessary expenses of the Nuclear Regulatory Commission for the acquisition and lease of additional office space provided by the General Services Administration in accordance with the fourth and fifth provisos in the matter under the heading ‘SALARIES AND EXPENSES’ under the heading ‘Nuclear Regulatory Commission’ under the heading ‘INDEPENDENT AGENCIES’ of title IV of division C of the Omnibus Appropriations Act, 2009 (
(1) timely filed under that section before January 1, 2009;CommentsClose CommentsPermalink
(2) rejected on the basis that the vehicles to which the proposal related were not advanced technology vehicles; andCommentsClose CommentsPermalink
(3) related to ultra efficient vehicles.CommentsClose CommentsPermalink
Sec. 314. (a) 3. (a) Except as provided in subsection (b), none of the funds appropriated or otherwise made available by this title for the Strategic Petroleum Reserve may be made available to any person that as of the enactment of this Act--CommentsClose CommentsPermalink
(1) is selling refined petroleum products valued at $1,000,000 or more to the Islamic Republic of Iran;CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) providing ships or shipping services to deliver refined petroleum products to the Islamic Republic of Iran;CommentsClose CommentsPermalink
(B) underwriting or otherwise providing insurance or reinsurance for such an activity; orCommentsClose CommentsPermalink
(C) financing or brokering such an activity; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
Sec. 314. Section 132 of the Energy and Water Development Appropriations Act of 2006 (119 Stat 2261) is amended--CommentsClose CommentsPermalink
(1) in subsection (a)(3), by striking ‘Corps of Engineers’ and inserting ‘Southwestern Power Administration’;CommentsClose CommentsPermalink
(2) by adding at the end of subsection (a) the following new paragraph:CommentsClose CommentsPermalink
‘(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.’;CommentsClose CommentsPermalink
(3) by adding at the end of subsection (a) the following new paragraph:CommentsClose CommentsPermalink
‘(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.’;CommentsClose CommentsPermalink
(4) by adding at the end of subsection (a) the following new paragraph:CommentsClose CommentsPermalink
‘(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:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(B) Collect and disburse receipts related to compensation of the licensee of Federal Energy Regulatory Commission Project No. 2221.CommentsClose CommentsPermalink
‘(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.’; andCommentsClose CommentsPermalink
(5) by adding at the end of subsection (a) the following new paragraph:CommentsClose CommentsPermalink
‘(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).’.CommentsClose CommentsPermalink
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
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
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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:56,000,000, 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
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
Nuclear Waste Technical Review Board
salaries and expenses
For necessary expenses of the Nuclear Waste Technical Review Board, as authorized by
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
General ProvisionSec. 401s
Sec. 401. The Nuclear Regulatory Commission shall, not later than 60 days after the date of enactment of this Act, provide a report to the Committees on Appropriations of the House of Representatives and the Senate identifying barriers to and its recommendations for streamlining the issuance of a Combined Construction and Operating License for qualified new nuclear reactors.CommentsClose CommentsPermalink
Sec. 402. 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.’.CommentsClose CommentsPermalink
Sec. 403. The Nuclear Regulatory Commission may use funds made available for the necessary expenses of the Nuclear Regulatory Commission for the acquisition and lease of additional office space provided by the General Services Administration in accordance with the fourth and fifth provisos in the matter under the heading ‘Salaries and expenses’ under the heading ‘Nuclear Regulatory Commission’ under the heading ‘Independent agencies’ of title IV of division C of the Omnibus Appropriations Act, 2009 (
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
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 ActTo the extent practicable funds made available in this Act should be used to purchase light bulbs that are ‘Energy Star’ qualified or have the ‘Federal Energy Management Program’ designation.CommentsClose CommentsPermalink
Sec. 503. Title IV of division A of the American Recovery and Reinvestment Act of 2009 (
‘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.’.CommentsClose CommentsPermalink
agency administrative expensesSec. 504. (a) Sec. 504. (a) Definitions- In this section:CommentsClose CommentsPermalink
(1) ADMINISTRATIVE EXPENSES- The term ‘administrative expenses’ has the meaning as determined by the Director under subsection (b)(2).CommentsClose CommentsPermalink
(2) AGENCY- The term ‘agency’--CommentsClose CommentsPermalink
(A) means an agency as defined under
(B) shall not include the District of Columbia government.CommentsClose CommentsPermalink
(3) DIRECTOR- The term ‘Director’ means the Director of the Office of Management and Budget.CommentsClose CommentsPermalink
(b) Administrative Expenses-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) Budget Submission- Each budget of the United States Government submitted under
Sec. 505. (a) Notwithstanding any other provision of this Act and except as provided in subsection (b), any report required to be submitted by a Federal agency or department toNone 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.CommentsClose CommentsPermalink
Sec. 506. Specific projects contained in the report of the Committee on Appropriations of either the Senate or the House of Representatives in an appropriations Act shall be posted on the public Website of that Agency upon receipt by the committee. (b) Subsection (a) shall not apply to a report if-- (1) the public posting of the report compromises national security; or
Sec. 507. (a) The Continuing Appropriations Resolution, 2010 is amended--CommentsClose CommentsPermalink
(1) in subsections (a) and (b) of section 158, by striking ‘section 158’ each place it appears and inserting ‘section 157’; andCommentsClose CommentsPermalink
(2) in section 162, by striking ‘sections 158 through 162’ and inserting ‘sections 157 through 161’.CommentsClose CommentsPermalink
(b) The amendments made by subsection (a) shall take effect as if included in the enactment of the Continuing Appropriations Resolution, 2010.CommentsClose CommentsPermalink
This Act may be cited as the ‘Energy and Water Development and Related Agencies Appropriations Act, 2010’.CommentsClose CommentsPermalink
Attest: Secretary. 111th CONGRESS 1st Session H.R. 3183 AMENDMENT
Vice President of the United States andCommentsClose CommentsPermalink
President of the Senate.CommentsClose CommentsPermalink
Vote on This Bill
-
Share This Bill
More Share via Email
Top-Rated Comments
- “This is another one of the liberals bills that has everything in the wor...” b58
- “Boo FERC!! Since and their stupid CIP standards! The budget at my utilit...” andoerin
OC Blog Articles Related To This Bill
Recent OC Blog Articles
- Yes, let's stride towards an open VCS for legislation (or, GitHub for laws on OC) May 23, 2012
- Contact Congress Today to #FreeTHOMAS May 17, 2012
- Yochai Benkler: Blueprint for Democratic Participation May 10, 2012
- New NDAA Would Give the Military Clandestine Cyberwar Powers May 08, 2012
- The Week Ahead in Congress May 07, 2012