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 123STA T . 2 84 3 PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9than$250 0an dimpr i so n e d not l ess than 6 months nor more than 1 0 y ears .‘ ‘ (b)EXCEPTION . —T his se c tion shall not apply to cond u ct by a person w ho is sub j ect to the U ni f orm C ode of M ilitary J ustice. ‘‘(c) D E F INITION S .— I n this section— ‘‘(1) the term ‘ A rmed F orces ’ has the meanin g gi v en that term in section 1 38 8 ‘‘(2) the term ‘immediate family member’ has the meaning given that term in section 115; and ‘‘(3) the term ‘United S tates serviceman’— ‘‘(A) means a member of the Armed Forces; and ‘‘( B ) includes a former member of the Armed Forces during the 5 - year period beginning on the date of the discharge from the Armed Forces of that member of the Armed Forces.’’. (b) TEC H NIC AL AN D CONFO RM IN G AMENDMENT.—The table of sections for chapter 6 7 of title 18 , United States Code, is amended by adding at the end the following

‘ 1389.Prohib i t io n on a tta cks on U nit edS tates ser v ice m en on acco u nto f service. ’ ’. SEC.4713 . R E PO R T O NMA N D ATOR Y M I NIM U M SENTENCIN G PRO V I - SIONS. (a) R EPORT.— N ot later than 1 year after the date of enactment of this Act, the United States Sentencing Commission shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the H ouse of Representatives a report on manda- tory minimum sentencing provisions under Federal law. (b) CONTENTS OF REPORT.—The report submitted under sub- section (a) shall include— (1) a compilation of all mandatory minimum sentencing provisions under Federal law; (2) an assessment of the effect of mandatory minimum sentencing provisions under Federal law on the goal of elimi- nating unwarranted sentencing disparity and other goals of sentencing; (3) an assessment of the impact of mandatory minimum sentencing provisions on the Federal prison population; ( 4 ) an assessment of the compatibility of mandatory min- imum sentencing provisions under Federal law and the sen- tencing guidelines system established under the Sentencing Reform Act of 1 9 84( P ublic L aw 98 – 473; 98 Stat. 1987) and the sentencing guidelines system in place after Boo k er v. United States, 543 U.S. 220 (2005); (5) a description of the interaction between mandatory minimum sentencing provisions under Federal law and plea agreements; (6) a detailed empirical research study of the effect of mandatory minimum penalties under Federal law; (7) a discussion of mechanisms other than mandatory min- imum sentencing laws by which Congress can take action with respect to sentencing policy; and


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 123STA T . 2 84 4 PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9LEGIS L AT I V E H IST ORY— H . R. 2647( S. 1390): HO U SE RE P ORTS: Nos . 111 – 166 and P t .2( b ot hfr o mC omm. on Arm e d Ser vic es) and 111–2 8 8 (Comm. of Conference). SENATE REPORTS: No. 111–3 5 (Comm. on Armed Services) accom p an y in g S. 1390. CONGRESSIONAL RECOR D, Vo l . 155 (2009): Ju ne 24, 25, considered and passed House. July 23, considered and passed Senate, amended, in lieu of S. 1390. Oct. 8, House agreed to conference report. Oct. 20–22, Senate considered and agreed to conference report. DAILY CO M PILATION O F PRESIDENTIAL DOCUMENTS (2009): Oct. 28, Presidential remar k s. (8)anyotheri n f or m ation that the C ommi s sion d etermines w o ul d c ontri b ute to a thorou g h assessment of mandatory min - imum sentencing p ro v isions under F ederal law .A pproved O ctober 2 8, 2 0 0 9.

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 123STA T . 2 845PUBLIC LA W 111 – 85 —O CT. 28 , 2 0 0 9PublicLaw1 11 –85 111 thCongres s A n Act Making a p p ro pria t ion sf or e nerg y an dw ater de v e l op m ent and related agen c ies for t h e fiscal year ending S eptem b er 30,2 0 1 0, and for other p u rposes .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,That th efol lo wingsum sa r ea p propriate d, out of an y money in the Treasury not otherwise appropriated, for energy and water de v elopment and related agen c ies for the fiscal year ending S eptem b er 30, 2 0 1 0, and for other purposes, namely T I T LE I CORP SO F E NG INEERS — CI V IL D EP A RT M ENTOFT H E ARM Y C ORPS O F E NGI N E ERS— C I V I L The following appropriations shall be e x pended under the direc - tion of the Secretary of the Army and the supervision of the Chief of Engineers for authori z ed civil functions of the Department of the Army pertaining to rivers and harbors, flood and storm damage reduction, shore protection, a q uatic ecosystem restoration, and related efforts . INVES T IG A TIONS For expenses necessary where authorized by law for the collec- tion and study of basic information pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic eco- system 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 pro j ects and related efforts prior to construc- tion; for restudy of authorized projects; and for miscellaneous inves- tigations and, when authorized by law, surveys and detailed studies, and plans and specifications of projects prior to construction, $ 1 6 0,000,000, to remain available until expended. CONSTR U CTION ( INCLU D ING TRANSFER OF FUNDS ) For expenses necessary for the construction of river and harbor, flood and storm damage reduction, shore protection, aquatic eco- system restoration, and related projects authorized by law; for Energya n dW a t er D e v e lopm ent and R elated A gen ci e s Appropriations Act ,201 0 .O ct. 2 8, 200 9[H .R. 3 183 ]


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 123STA T . 2 846PUBLIC LA W 111 – 8 5—O CT. 28 , 2 0 0 9condu c ti n g d e t a i l ed s tudies , and p lans and speci f ications, of suc h p r o j ects ( including those in v olving participation byS tates, local govern m ents, or private groups ) authori z ed or made eligible for selection by la w (but such detailed studies, and plans and specifica - tions, shall not constitute a commitment of the G overnment to construction) , 031 ,000,000, to remain available until e x pended; of which such sums as are necessary to cover the F ederal share of construction costs for facilities under the D redged M aterial Dis- posal Facilities program shall be derived from the H arbor Mainte- nance T rust Fund as authorized by P ublic L aw 10 4– 303; and of which such sums as are necessary to cover one-half of the costs of construction, replacement, rehabilitation, and expansion of inland waterways projects (including only C hic k amauga Lock, Tennessee; K entucky Lock and Dam, Tennessee R iver, Kentucky; Lock and Dams 2, 3, and 4 Monongahela River, Pennsylvania; Markland Locks and Dam, Kentucky and I ndiana; O lmsted Lock and Dam, Illinois and Kentucky; and E msworth Locks and Dam, Ohio River, Pennsylvania) shall be derived from the Inland W aterways Trust Fund
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d, That $1, 5 00,000 of the funds appropriated under this heading in title I of division C of the Omnibus A ppropriations Act, 200 9 (Public Law 111– 8 .6 01–609) is transferred to the Investigations account and, in addition to funds appropriated by this Act, applied toward the cost of carrying out the Seven Oaks Water Conservation Study, California: Provided fu r th er, That the Chief of Engineers is directed to use $12,594,000 of the funds appropriated herein for the Dallas Floodway Extension, Texas, project, including the Cadillac Heights feature, generally in accord- ance with the Chief of Engineers report dated December 7, 1999: Provided further, That the Chief of Engineers is directed to use $1,417,000 of funds available for the Greenbrier B asin, Marlinton, West V irginia, Local Protection Project to continue engineering and design efforts, execute a project partnership agreement, and initiate construction of the project substantially in accordance with Alternative 1 as described in the Corps of Engineers Final Detailed Project Report and Environmental Impact Statement for Marlinton, West Virginia Local Protection Project dated September 2008: Pro - vided further, That the Federal and non-Federal shares shall be determined in accordance with the ability-to-pay provisions pre- scribed in section 103(m) of the Water Resources Development Act of 1986, as amended: Provided further, That the Chief of Engi- neers is directed to use $4,000,000 of the funds appropriated herein for planning, engineering, design or construction of the Grundy, Buchanan County, and Dickenson County, Virginia, elements of the Levisa and Tug Forks of the Big Sandy River and U pper Cumberland River Project: Provided further, That the Chief of Engi- neers is directed to use $2,750,000 of the funds appropriated herein to continue planning, engineering, design or construction of the Lower Mingo County, Upper Mingo County, Wayne County, McDowell County, West Virginia, elements of the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River Project: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to use $9,500,000 of the funds appropriated herein for the Clover Fork, City of Cumberland, Town of Martin, Pike County (including Levisa Fork and Tug Fork Tribu- taries), Bell County, Harlan County in accordance with the Draft Detailed Project Report dated J anuary 2002, Floyd County, Martin County, Johnson County, and Knox County, Kentucky, detailed
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 123STA T . 2 847PUBLIC LA W 111 – 8 5—O CT. 28 , 2 0 0 9project report , e l e m e n t s o f t h e L e vi s a an dTugF or k softhe B ig S and yR iver and U pper C um b erland River
 * Provide

d fu r th er, That not less than $3, 0 00,000 of the funds provided for the Levisa and Tug Forks in K entucky shall be used for the project in the To w n of M artin, Kentucky .MIS SISSI P PI R I VE R ANDT RI BU TARIES For e x penses necessary for flood damage reduction projects and related efforts in the Mississippi River alluvial valley below Cape G irardeau, Missouri, as authori z ed by law, $3 4 0,000,000, to remain available until expended, of which such sums as are nec - essary to cover the Federal share of eligible operation and mainte- nance costs for inland harbors shall be derived from the H arbor Maintenance Trust Fund: Provided, That the Secretary of the A rmy, acting through the Chief of E ngineers is directed to use $ 9, 6 6 1 ,000 appropriated herein for construction of water withdrawal features of the Grand P rairie, Arkansas, project. O PERATION AND MAINTENAN C E For expenses necessary for the operation, maintenance, and care of existing river and harbor, flood and storm damage reduction, a q uatic 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 naviga- tion, $ 2 ,400,000,000, to remain available until expended, of which such sums as are necessary to cover the Federal share of eligible operation and maintenance costs for coastal harbors and channels, and for inland harbors shall be derived from the Harbor Mainte- nance Trust Fund; of which such sums as become available from the special account for the Corps established by the Land and W ater Conservation Act of 196 5( 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 21 7 of the Water Resources D evelopment Act of 1996 (Public Law 104–303) shall be used to cover the cost of operation and maintenance of the dredged material disposal facili- ties 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 appro- priate; 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.


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 123STA T . 2 84 8 PUBLIC LA W 111 – 8 5—O CT. 28 , 2 0 0 9REGULATO R YP ROGRA MForexp e ns es ne c ess a r yf ora dmi nis t ration of l a w s pertainin g to reg u lation of na v iga b le waters and wetlands ,$190 ,000,000, to remain available until expended .F ORMERLY UT I LI Z E DS ITES REMEDIAL A C TIO N PROGRAM For expenses necessary to clean up contamination from sites int h e U nited S tates resulting from wor k performed as part of the N ation ’ s early atomic energy program, $1 34 ,000,000, to remain available until expended. E X PENSES For expenses necessary for the supervision and general administration of the civil works program in the head q uarters of the United States A rmy C orps of E ngineers and the offices of the D ivision Engineers and for the management and operation of the H umphreys Engineer Center Support Activity, the I nstitute for W ater R esources, the United States Army Engineer Research and Development Center, and the United States Army Corps of Engineers Finance Center, $1 85 ,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
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d, T hat no part of any other appropriation pro - vided in title I of this Act shall be available to fund the civil works activities of the O ffice of the Chief of Engineers or the civil works executive direction and management activities of the division offices: Provided fu r th er, That any Flood Control and Coastal Emergencies appropriation may be used to fund the super- vision 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 T H E ARMY ( CI V IL W OR K S ) For the Office of Assistant Secretary of the Army ( Civil Works ) as authori z ed by 10 U.S.C. 301 6 (b)(3), $5,000,000, to remain avail- able 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 2 010, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates or initiates a new program, pro j ect, or activity; (2) eliminates a program, project, or activity;


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 123STA T . 2 849PUBLIC LA W 111 – 8 5—O CT. 28 , 2 0 09 (3)increas es fu n d s o r p ersonne l for an y pro g ra m, pro j ec t , or acti v ity for wh ich funds have b een denied or restricted by this A ct, unless prior approval is received from the H ouse and S enate C ommittees 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 e x isting 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) INVESTIGA TI O NS .—F or a base level over $ 100,000, re - programming of 2 5 percent of the base amount up to a limit of $150,000 per project, study or activity is allowed
 * Provide

d, T hat for a base level less than $100,000, the reprogramming limit is $25,000: Provided fu r th er, 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 ) CONST RUC TION.—For a base level over $2,000,000, re- programming 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 condi- tions, 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 ) OP ERATION AN DM AINTENANCE.— U nlimited reprogram- ming authority is granted in order for the Corps to be able to respond to emergencies: Provided, That the Chief of E ngi- neers must notify the House and Senate Committees on Appro- priations of these emergency actions as soon thereafter as prac- ticable: 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 re- programming 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 ) M ISSISSIPPI RIVER AND TRI B UTARIES.—The same re- programming guidelines for the Investigations, Construction, and Operation and Maintenance portions of the Mississippi R iver and Tributaries Account as listed above; and (10) FORMER LY UTILI Z ED SITES REMEDIAL ACTION PRO- GRAM.—Reprogramming of up to 15 percent of the base of the receiving project is permitted. (b) D IMINIMUS REPROGRAMMINGS.—In no case should a re- programming for less than $50,000 be submitted to the House and Senate Committees on Appropriations. (c) CONTINUING AUT H ORITIES P ROGRAM.—Subsection (a)(1) shall not apply to any project or activity funded under the continuing authorities program. (d) N ot 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 Deadlin e .R e ports . N oti f i c ation.


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 123STA T . 2 850PUBLIC LA W 111 – 85 —O CT. 28 , 200 9baselin e for a p pli c a t ion of repro g ra m ming an d transfer a u t h orities for the current fiscal y ear
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d ,T hat the report shall include: (1)A table for each appropriation w ith a separate column to display the P resident ’ s budget re q uest, ad j ustments made by C ongress, adjustments due to enacted rescissions, if appro - priate, and the fiscal year enacted le v el ( 2 ) A delineation in the table for each appropriation both by object class and program, project and activity as detailed in the budget appendi x for the respective appropriations; and ( 3 ) An identification of items of special congressional interest .SEC . 1 0 2. N one of the funds in this Act, or previous Acts, ma k ing funds available for E nergy and W ater D evelopment, shall be used to implement any pending or future competitive sourcing actions under OMB Circular A –76 or H igh Performing Organi z a- tions for the U .S. Army Corps of Engineers. SEC. 103. None of the funds made available in this title may be used to award or modify any contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated, except that such amounts may include any funds that have been made available through reprogramming pursuant to section 101. SEC. 10 4 . 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 I nland Waterways Trust F und 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 R esources Development Act of 1 98 6 (Public L aw 99–662) is enacted. SEC. 10 5 . The project for navigation, Two Harbors, Minnesota, being carried out under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), and modified by section 3101 of the Water Resources Development Act of 2007 (121 Stat. 1133), is further modified to direct the Secretary to credit, in accordance with section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b), toward the non-Federal share of the project the cost of planning, design, and construction work carried out by the non-Federal interest for the project before the date of execution of a partnership agreement for the project. SEC. 106. Section 154(h) of title I of division B of the Miscella- neous Appropriations Act, 2001 (114 Stat. 2763A–254) (as enacted into law by Public Law 106–554) is amended by striking ‘ ‘ $ 40,000,000’’ and inserting ‘‘$60,000,000’’. SEC. 107. The Secretary is directed to use such funds as are necessary, from amounts made available in this Act under the heading ‘‘Construction’’, to expedite acquisition of those properties located in the vicinity of Martin, K entucky, 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 G eneral Plan, dated March 2000. 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. Deadlin e .R e ports .


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 123STA T . 2 85 1 PUBLIC LA W 111 – 85 —O CT. 28 , 2 0 0 9SEC.109 . (a)ING ENE RAL . — S ubject t os ubsect i o n (b) , none o f t h e fun d s m ade a v ai l able b y this A ctmaybeusedtoca r ry out any w ater reallocation p roject or component under the W olf C ree kP roject, L ake Cumberland, K entucky, authori z ed under the Act of J une 28 ,19 3 8( 5 2 Stat. 1215, ch. 7 95) and the Act of July 2 4, 194 6 (60 Stat. 636, ch. 595). (b) EXIST IN GR EALL O CATIONS.—Subsection (a) shall not apply to any water reallocation for Lake Cumberland, Kentucky, that is carried out subject to an a g reement or payment schedule in effect on the date of enactment of this Act. SEC. 110. Section 592(g) of Public Law 106 – 53 (113 Stat. 380), as amended by section 120 of Public Law 108–137 (117 Stat. 1837) and section 5097 of Public Law 110–114 (121 Stat. 1233), is further amended by striking ‘ ‘ $ 110,000,000 ’ ’ and inserting ‘‘$200,000,000’’ in lieu thereof. SEC. 111. T he project for flood control, B ig Siou x River and Skunk Creek, Sioux F alls, South D akota authorized by section 101(a)(28) of the Water Resources Development Act of 1996 (Public Law 104–303 110 Stat. 3666), is modified to authorize the Secretary to construct the project at an estimated total cost of $53,500,000, with an estimated Federal cost of $37,700,000 and an estimated non - Federal cost of $15,800,000. SEC. 112. Section 595(h) of Public Law 106–53 (113 Stat. 384), as amended by section 5067 of Public Law 110–114 (121 Stat. 1219), is further amended by— (1) striking the phrase ‘‘$25,000,000 for each of M ontana and N ew Mexico’’ and inserting the following language in lieu thereof ‘‘$75,000,000 for Montana, $25,000,000 for New Mexico’’; and (2) striking ‘‘$50,000,000’’ and inserting ‘‘$100,000,000’’ in lieu thereof. SEC. 113. The project for flood damage reduction, Des Moines and Raccoon Rivers, Des Moines Iowa, authorized by section 1001(21) of the Water Resources Development Act of 2007 (121 Stat. 1053), is modified to authorize the Secretary to construct the project at a total cost of $16,500,000 with an estimated Federal cost of $10,725,000 and an estimated non-Federal cost of $5,775,000. SEC. 114. The project for flood damage reduction, Breckenridge, Minnesota, authorized by section 320 of the Water Resources Development Act of 2000 (Public Law 106–541; 114 Stat. 2605), is modified to authorize the Secretary to construct the project at a total cost of $39,360,000 with an estimated Federal cost of $25,000,000 and an estimated non-Federal cost of $14,360,000. SEC. 115. Section 122 of title I of division D of the Consolidated Appropriations Resolution, 2003 (Public Law 108–7; 117 Stat. 141) is amended by striking ‘‘$10,000,000’’ and inserting ‘‘$27,000,000’’ in lieu thereof. SEC. 116. The Secretary of the Army is authorized to carry out structural and non-structural projects for storm damage preven- tion and reduction, coastal erosion, and ice and glacial damage in Alaska, including relocation of affected communities and construction of replacement facilities: Provide d, That the non-Fed- eral share of any project carried out pursuant to this section shall be no more than 35 percent of the total cost of the project and shall be subject to the ability of the non-Federal interest to pay, as determined in accordance with 33 U .S.C. 2213(m).


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 123STA T . 2 85 2 PUBLIC LA W 111 – 85 —O CT. 28 , 2 0 0 9SEC.1 1 7 .S ection3 111 ( 1 ) o f t h e Wa te rR e s o u rces D e v e l o pm ent A ct ,20 07( P u b lic L a w 110 – 11 4; 121 Stat. 1041) is amen d edb y insertin g after the word ‘ ‘before ’ ’, the following ‘‘, on and after’’. SEC. 11 8 . T he flood control pro j ect for West Sacramento, C ali - fornia, authori z ed by section 101(4), Water Resources Development Act, 1 9 92, Public Law 102– 5 80; E nergy and Water Development Appropriations Act, 1999, Public Law 105–245, is modified to authorize the Secretary of Army, acting through the Chief of Engi- neers, to construct the project at a total cost of $ 53,040,000 with an estimated first F ederal cost of $38,355,000 and an estimated non-Federal first cost of $14, 6 85,000. SEC. 119. Section 528(b)(3)(C)(ii) of the Water Resources Development Act of 1996 (110 Stat. 3769; 121 Stat. 1270) is amended — (1) in subclause ( I ), by stri k ing ‘‘subclause (II)’’ and inserting ‘‘subclauses (II) and (III)’’; and (2) by adding at the end the following: ‘‘(III) TE NMIL EC R EE KWAT ER P RE S ER V E AREA.—The Federal share of the cost of the Ten M ile Creek Water Preserve Area may e x ceed $25,000,000 by an amount e q ual to not more than $3,500,000, which shall be used to pay the Federal share of the cost of— ‘‘(aa) the completion of a post authoriza- tion change report; and ‘‘(bb) the maintenance of the Ten Mile Creek Water Preserve Area in caretaker status through fiscal year 2013.’’. SEC. 120. As soon as practicable after the date of enactment of this Act, from funds made available before the date of enactment of this Act for the Tampa H arbor B ig Bend Channel project, the Secretary of the Army shall reimburse the non-Federal sponsor of the Tampa Harbor Big Bend Channel project for the Federal share of the dredging work carried out for the project. SEC. 121. N otwithstanding any other provision of law, including section 103(c)(4) of Public Law 99–662 (33 U .S.C. 2213(c)(4)), the cost of any work carried out heretofore or hereafter on construction of the trail system authorized for the J . Percy Priest Dam and Reservoir, Tennessee by section 5132 of Public Law 110–114 (121 Stat. 1249) shall be a Federal cost, the total of which may not exceed $10,300,000. SEC. 122. Section 3112(1) of the Water Resources Development Act, 2007 (Public Law 110–114; 121 Stat. 1041) is amended by inserting after the word ‘‘before’’, the following: ‘‘, on and after’’. SEC. 123. Section 805(a)(2) of Public Law 106–541 (114 Stat. 2704) is amended by striking ‘‘2010’’ each place it appears and inserting ‘‘2013’’. SEC. 124. The Secretary of the Army is authorized to carry out the project for storm damage reduction, K ahuku, O ahu, Hawaii, at a total cost of $6,700,000, with an estimated Federal cost of $4,360,000 and an estimated non-Federal cost of $2,340,000. SEC. 125. The Secretary 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, Land a cquis i t i o n .C a l i f o r nia. 16US C66 8 dd not e . 1 2 1 Stat. 11 3 6. 121 Stat. 1136.


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 123STA T . 2 85 3 PUBLIC LA W 111 – 85 —O CT. 28 , 2 0 0 9authorizedbys e c tio n10 o f the Fl ood C ontrol A ct of D ece m ber 2 2, 1 94 4 (58S tat . 901 );P ro v ided, T hat the lands shall be available for use in connection w ith any activity carried out at the Success Dam and R eservoir. S EC . 12 6 . Durin g the 1 - year p eriod 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 3 061 of the W ater Resources Development Act of 200 7 (121 Stat. 1121), with such modifications or emergency measures as the Secretary of the Army determines to be appropriate, to prevent a q uatic nuisance species from bypassing the Chicago Sanitary and Ship Canal Dispersal B arrier Pro j ect referred to in that section and to prevent aquatic nuisance species from dispersing into the G reat L a k es. T I TL E II DEPART M E N T O FT H E INTERIOR CE NTRALU TA H PR OJ ECT CENTRAL U TAH P ROJECT CO M PLET I ON ACCOUNT For carrying out activities authorized by the Central Utah Project Completion Act, $ 40,300,000, to remain available until e x pended, 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 Commis- sion may use an amount not to exceed $1,500,000 for administrative expenses. BUREAU O F RECLAMATION The following appropriations shall be expended to execute authorized functions of the Bureau of Reclamation
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ATER AN D RELATED RE S OURCES ( INCLUDIN G 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 rec- ognized Indian tribes, and others, $951,158,000, to remain available until expended, of which $48,740,000 shall be available for transfer to the Upper Colorado River Basin Fund and $17,256,000 shall be available for transfer to the Lower Colorado River Basin Develop- ment 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 Y outh Conservation Corps, as authorized by 16 U.S.C. 1706: Provide d, That such transfers may be increased or decreased Timep e r i od.


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 The Life that Really is (1899); Problems of Life (1900); The Rights of Man (1901); Henry Ward Beecher (1903); The Christian Ministry (1905); The Personality of God (1905); Industrial Problems (1905); and Christ’s Secret of Happiness (1907). He edited Sermons of Henry Ward Beecher (2 vols., 1868).

ABBOTTABAD, a town of British India, 4120 ft. above sea-level, 63 m. from Rawalpindi, the headquarters of the Hazara district in the N.W. Frontier Province, called after its founder, Sir James Abbott, who settled this wild district after the annexation of the Punjab. It is an important military cantonment and sanatorium, being the headquarters of a brigade in the second division of the northern army corps. In 1901 the population of the town and cantonment was 7764. ABBREVIATION (Lat. brevis, short), strictly a shortening; more particularly, an “abbreviation” is a letter or group of letters, taken from a word or words, and employed to represent them for the sake of brevity. Abbreviations, both of single words and of phrases, having a meaning more or less fixed and recognized, are common in ancient writings and inscriptions (see and ), and very many are in use at the present time. A distinction is to be observed between abbreviations and the contractions that are frequently to be met with in old manuscripts, and even in early printed books, whereby letters are dropped out here and there, or particular collocations of letters represented by somewhat arbitrary symbols. The commonest form of abbreviation is the substitution for a word of its initial letter; but, with a view to prevent ambiguity, one or more of the other letters are frequently added. Letters are often doubled to indicate a plural or a superlative.

I. .—The following list contains a selection from the abbreviations that occur in the writings and inscriptions of the Romans:—

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 123STA T . 2 854PUBLIC LA W 111 – 85 —O CT. 28 , 2 0 0 9with i n th eov e ral la p propriation u n d er thi s headin g:Provide d fu r -th er ,T hat o f the total appropriated, the a m ount for program a c tivi - ties that can b e financed b y the R eclamation F und or the B ureau of Reclamation special fee account established by 16U.S. C . 4 6 0 l – 6a ( i ) shall be derived from that Fund or account: Provided further, That funds contributed under 4 3 U.S.C. 3 95 are available until e x pended for the purposes for which contributed: Provided further, That funds advanced under 43 U.S.C. 39 7 a shall be credited to this account and are available until expended for the same purposes as the sums appropriated under this heading: Provided further, That $ 3,500,000 of the funds appropriated under this heading shall be deposited in the San G abriel Basin Restoration Fund established by section 110 of title I of appendix D of P ublic L aw 106–554: Provided further, That $5,000,000 of the funds appropriated under this heading shall be available for the ‘ ‘Power Program Services ’ ’ to implement the Bureau of Reclamation’s hydropower facilities installations identified under section 1 8 34 of the E nergy Policy A ct of 2 005: Provided further, That the funds provided herein for the St. M ary Storage Unit facilities, Mil k River Pro j ect, Montana, shall be used on a nonreimbursible basis: Provided further, That funds available for expenditure for the Departmental Irrigation Drainage Program may be expended by the Bureau of Reclamation for site remediation on a nonreimbursable basis. CENTRALV ALLE YP R OJ ECT RE S TORAT I ON FU N D For carrying out the programs, projects, plans, habitat restora- tion, improvement, and ac q uisition provisions of the Central V alley 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 authori z ed 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 B AY-DELTA RESTORATION ( INCLUDIN G TRANSFERS OF FUNDS ) For carrying out activities authorized by the W ater Supply, Reliability, and Environmental Improvement Act, consistent with plans to be approved by the Secretary of the Interior, $40,000,000, to remain available until expended, of which such amounts as may be necessary to carry out such activities may be transferred to appropriate accounts of other participating Federal agencies to carry out authorized purposes: Provided, That funds appropriated herein may be used for the Federal share of the costs of CALFED Program management: Provided further, That the use of any funds provided to the California Bay-Delta Authority for program-wide management and oversight activities shall be subject to the approval of the Secretary of the Interior: Provided further, That CALFED implementation shall be carried out in a balanced manner with


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 123STA T . 2 85 5 PUBLIC LA W 111 – 85 —O CT. 28 , 2 0 0 9clearp er fo r m a n ce mea su res d emons t rat i n g concurrent progress in ac h ie v ing the goals and o bj ectives of the P rogram .POLICYAND AD M INI STR ATION F or necessar y e x penses of policy , administration, and related functions in the O ffice of the C ommissioner, the D enver office, and offices in the five regions of the B ureau of R eclamation, to remain available until expended, $61, 20 0,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in 43U . S .C. 3 7 7
 * Provide

d, T hat no part of any other appropriation in this A ct shall be available for activities or functions budgeted as policy and administration expenses. ADMINISTRATI VE PROVISION Appropriations for the Bureau of Reclamation shall be available for purchase of not to exceed seven passenger motor vehicles, w hich are for replacement only. G ENERAL PROVISIONS — DEPARTMENT O F T H E I NTERIOR SEC. 201. ( a )N one of the funds provided in title II of this Act for W ater 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 H ouse 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 Appropria - tions 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, M aintenance, and Rehabilitation category or the Resources Management and Development category to any pro- gram, 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 ade q uate funds for settled contractor claims, increased con- tractor earnings due to accelerated rates of operations, and


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 123STA T . 2 856PUBLIC LA W 111 – 85 —O CT. 28 , 2 0 0 9real e st ate d e fic ie n c yju d gm ents , unless p ri o r appro v al is received from t h e C ommittees on A ppropriations of the H ouse of R epresentatives and the S enate .(b) Subsection (a)( 5 ) shall not apply to any transfer of funds w ithin the F acilities O peration, M aintenance, 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) T he B ureau of Reclamation shall submit reports on a q uar - terly 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. S EC . 2 02. (a) N one 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 L uis U nit until development by the Secretary of the I nterior 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 Adminis- trator of the E nvironmental P rotection Agency, to minimi z e any detrimental effect of the San Luis drainage waters. (b) The costs of the K esterson Reservoir Cleanup Program and the costs of the San J oaquin V alley D rainage 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 19 95’’, 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. 20 3 . None of the funds appropriated or otherwise made available by this or any other Act may be used to pay the salaries and e x penses of personnel to purchase or lease water in the Middle Rio G rande 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. 20 4 . Funds under this title for Drought Emergency Assist- ance shall be made available primarily for leasing of water for specified drought related purposes from willing lessors, in compli- ance with existing State laws and administered under State water priority allocation. SEC. 205. Section 9 of the Fort Pec k Reservation Rural W ater System Act of 2000 (Public Law 106–3 8 2 114 Stat. 145 7 )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)— NewM e xico.Cal i f o rn ia. P lan s . R e p or t s. D ea d lines.


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 123STA T . 2 857PUBLIC LA W 111 – 85 —O CT. 28 , 2 0 0 9(A)byred e signat ing cl a u ses (i) t h r o ugh (i v )o f sub p ara - graph ( B ) as subclauses ( I ) through (I V ) , respectively, and indenting the subclauses appropriately (B) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting the clauses appropriately; ( C ) by stri k ing ‘ ‘(a)( 1 ) U sing ’ ’ and inserting the fol- lo w ing ‘‘(a) A CTIONBYSE C R ET A RY .— ‘‘(1) P RO V I S ION O F F U N D S.— ‘‘(A) IN G ENERA L .—Using’’; ( D ) in subparagraph (A) (as so redesignated)— (i) in the m atter preceding clause (i) (as so redesig- nated), by inserting ‘‘or the N ational F ish and W ildlife Foundation’’ after ‘‘University of Nevada’’; (ii) in clause (ii)(IV) (as so redesignated), by striking the period at the end and inserting ‘‘; and’’; and (iii) by adding at the end the following: ‘‘(iii) to design and implement conservation and stewardship measures to address impacts from activi- ties carried out— ‘‘(I) under clause (i); and ‘‘(II) in con j unction with willing landowners.’’; and ( E ) by adding at the end the following: ‘‘(B) NATIONAL FIS H AND W ILDLIFE FOUNDATION.— ‘‘(i) DATE OF P ROVISION.— T he Secretary shall pro- vide funds to the National Fish and Wildlife Founda- tion pursuant to subparagraph (A) in an advance pay- ment of the available amount— ‘‘(I) on the date of enactment of the Energy and Water Development and R elated Agencies Appropriations Act, 20 10; or ‘‘(II) as soon as practicable after that date of enactment. ‘‘(ii) RE Q UIRE M ENTS.— ‘‘(I) IN GENERAL.—E x cept as provided in sub- clause (II), the funds provided under clause (i) shall be subject to the National Fish and Wildlife Foundation Establishment Act (1 6 U.S.C. 37 01 et se q .), in accordance with section 10(b)(1) of that Act (16 U.S.C. 370 9 (b)(1)). ‘‘(II) E X CEPTIONS.—Sections 4 (e) and 10(b)(2) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(e), 3709(b)(2)), and the provision of subsection (c)(2) of section 4 of that Act (16 U.S.C. 3703) relating to subsection (e) of that section, shall not apply to the funds provided under clause (i).’’; and (2) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking ‘‘paragraph (1)(A)’’ and all that follows through ‘‘beneficial to—’’ and inserting ‘‘paragraph (1)(A)(i), the University of Nevada or the National Fish and Wildlife Foundation shall make acquisitions that the University


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 123STA T . 2 85 8 PUBLIC LA W 111 – 85 —O CT. 28 , 2 0 0 9ortheF o unda t i on deter m ine s to b e the most bene f i c ia l to —’ ’ and (B) in sub p ara g raph ( A ) , b y stri k ing ‘ ‘paragraph ( 1 )(B)’’ and inserting ‘‘paragraph (1)(A)(ii)’’ .SEC . 207 . Section 2 5 07(b) of the Farm Security and R ural I n v estment Act of 2002 ( 43U .S. C . 2211 note; P ublic L a w 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 W alker River Basin.’’. SEC. 20 8 . (a) O f the amounts made available under section 2507 of the Farm Security and Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107–171), the Secretary of the Interior, acting through the Commissioner of Reclamation, shall— (1) provide, sub j ect to subsection (b), $6 6,200,000 to estab - lish the Walker Basin Restoration Program for the primary purpose of restoring and maintaining Walker Lake, a natural desert terminal lake in the State of N evada, consistent with protection of the ecological health of the Walker River and the riparian and watershed resources of the West, E ast, and M ain Walker Rivers; and (2) allocate— (A) acting through a nonprofit conservation organi z a- tion that is acting in consultation with the T ruckee Meadows Water Authority, $2,000,000, to remain available until e x pended, for— (i) the ac q uisition of land surrounding Independ- ence Lake; and (ii) protection of the native fishery and water quality of Independence Lake, as determined by the nonprofit conservation organization; (B) $5,000,000 to provide grants of equal amounts to the State of Nevada, the State of California, the Truckee Meadows Water Authority, the Pyramid Lake Paiute Tribe, and the Federal Watermaster of the Truckee River to imple- ment the Truckee-Carson-Pyramid Lake Water Rights Settlement Act (Public Law 101–618; 104 Stat. 32 9 4); (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, waste- water, and sewer facilities; ( D ) $1,000,000 to the United States G eological Survey to design and implement, in consultation and cooperation with other Federal departments and agencies, State and tribal governments, and other water management and con- servation organizations, a water monitoring program for the Walker River Basin; and (E) $45,000,000 to implement the 1996 Truckee River Water Q uality Settlement Agreement by acquiring water rights for the benefit of the Truckee River and Pyramid Lake. (b)(1) The amount made available under subsection (a)(1) shall be— Contrac t s.Nev a d a. G rants. Nevada. Ca lif ornia. Nevada.


text: Dictionary of National Biography, 1885-1900/Moore, Francis (1657-1715?)


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 123STA T . 2 859PUBLIC LA W 111 – 85 —O CT. 28 , 2 0 09 (A)used,con s i s t ent w it h the pr i ma r y purpose set f orth in su b section (a)( 1 ), to support efforts to preser v e W a lk er L ake while protectin g agricultural, environmental, and habitat interests in the Walker R iver B asin and (B) allocated as follows (i) $25, 0 00,000 to the Walker River I rrigation D istrict, acting in accordance with an agreement between that Dis - trict and the N ational F ish and Wildlife Foundation — (I) to administer and manage a 3 -year water leasing demonstration program in the Walker River Basin to increase Walker Lake inflows; and (II) for use in obtaining information regarding the establishment, budget, and scope of a longer-term leasing program . (ii) $25,000,000 to advance the ac q uisition of water and related interests from willing sellers authori z ed by section 20 8 (a)(1)(A)(i) of the E nergy and Water Develop- ment Appropriations Act, 200 6 ( P ublic Law 10 9– 103; 119 S tat. 2268). (iii) $1,000,000 for activities relating to the e x ercise of acquired option agreements and implementation of the water leasing demonstration program, including but not limited to the pursuit of change applications, approvals, and agreements pertaining to the exercise of water rights and leases acquired under the program. (iv) $10,000,000 for associated conservation and stewardship activities, including water conservation and management, watershed planning, land stewardship, habitat restoration, and the establishment of a local, non- profit entity to hold and exercise water rights acquired by, and to achieve the purposes of, the Walker Basin Res- toration Program. (v) $5,000,000 to the U niversity of Nevada, Reno, and the Desert Research Institute— (I) for additional research to supplement the water rights research conducted under section 208(a)(1)(A)(ii) of the Energy and Water Development Appropriations Act, 2006 (Public Law 109–103; 119 Stat. 2268); (II) to conduct an annual evaluation of the results of the activities carried out under clauses (i) and (ii); and (III) to support and provide information to the programs described in this subparagraph and related acquisition and stewardship initiatives to preserve Walker Lake and protect agricultural, environmental, and habitat interests in the Walker River Basin. (vi) $200,000 to support alternative crops and alter- native agricultural cooperatives programs in Lyon and M in- eral C ounties, Nevada, that promote water conservation in the Walker River Basin. (2)(A) T he amount made available under subsection (a)(1) shall be provided to the National Fish and Wildlife Foundation— (i) in an advance payment of the entire amount— (I) on the date of enactment of this Act; or (II) as soon as practicable after that date of enact- ment; and


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 123STA T . 2 860PUBLIC LA W 111 – 8 5—O CT. 28 , 200 9(i i )exc e ptas p rov i d edi n s ub para g rap h ( B ) , sub j ect to the N ationa lF ish and W ildli f e Foundation E stablish -m ent A ct( 16U.S . C . 370 1etse q .), in accordance w ith section 10(b)(1) of that Act (16 U.S.C. 370 9 (b)(1)). (B) Sections 4 (e) and 10(b)( 2 ) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(e), 3709(b)(2)), and the provision of subsection (c)(2) of section 4 of that Act (16 U.S.C. 3703) relating to subsection (e) of that section, shall not appl y to the amount made available under subsection (a)(1). S EC . 209. Notwithstanding the provisions of section 11(c) of P ublic L aw 8 9 – 108, as amended by section 9 of Public Law 99– 294, the Commissioner is directed to modify the April 9, 2002, G rant Agreement Between Bureau of R eclamation and North D a k ota Natural Resources T rust to provide funding for the Trust to continue its investment program / Agreement No. 02FG601633 to authori z e 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
 * Provide

d, That operational expenses that may be funded from the principal allocation shall not exceed 10 5 percent of the previous fiscal year ’ s operating costs: Provided fu r -th er, 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 ‘‘2014’’ in lieu thereof. SEC. 211. (a) Section 3405(a)(1)( M ) of Public Law 102–575 (106 Stat. 4709) is amended by striking ‘‘countries’’ and inserting ‘‘counties’’. (b) A transfer of water between a Friant Division contractor and a south-of-Delta C V P agricultural water service contractor, approved during a two-year period beginning on the date of enact- ment of this Act shall, be deemed to meet the conditions set forth in subparagraphs (A) and (I) of section 3405(a)(1) of Public Law 102–575 (106 Stat. 4709) if the transfer under this clause — (1) does not interfere with the San J oaquin River Restora- tion Settlement Act (part I of subtitle A of title X of Public Law 111–11 123 Stat. 1349) (including the priorities described in section 10004(a)(4)(B) of that Act relating to implementation of paragraph 16 of the Settlement), and the Settlement (as defined in section 10003 of that Act); and (2) is completed by September 30, 2012. (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). Draft r ecov er ypl a n. Dea d l i ne. 1 1 8S tat. 1 6 81.


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 123STA T . 2 86 1 PUBLIC LA W 111 – 8 5—O CT. 28 , 2 0 0 9TI T LE III D E PAR T M E N T OF ENER GY ENERGY PROGRAM S E NERGY E F F IC IENCY A N D RENE W A BL E ENERGY F or D epa r tm e n to f Ener gy e x pen s es i n clud ing t h e purchase , construction, and ac q uisition of plant and capital equipment, and other expenses necessary for energy efficiency and rene w a b le energy acti v ities in carrying out the purposes of the Department of Energy Organi z ation Act (42U. S. C . 710 1 et seq. ) , including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $ 2,242, 5 00,000, to remain available until expended
 * Provide

d, That funds provided under this heading in this and prior appropriation Acts are available for on - site and off-site improvements for the Ingress / Egress and Traffic Capacity Upgrades pro j ect at the National Renewable Energy Laboratory: Provided fu r th er, That, of the $ 8 0,000,000 pro- vided under the wind energy subaccount under Energy Efficiency and Renewable Energy, up to $8,000,000 may be competitively awarded to universities for turbine and equipment purchases for the purposes of studying turbine to turbine wa k e interaction, wind farm interaction, and wind energy efficiencies, provided that such equipment shall not be used for merchant power production: Pro - vided further, That, of the amount appropriated in this paragraph, $2 9 2,1 3 5,000 shall be used for the projects specified in the table that appears under the heading ‘ ‘Congressionally Directed Energy Efficiency and Renewable Energy Projects ’ ’ in the joint explanatory statement accompanying the conference report on this Act. ELEC T RICITY DELI V ERY 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 reli- ability activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $171,982,000, to remain available until expended: 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 6 0 days of enactment, the Secretary shall invite applica- tions from qualified entities for the purpose of forming and gov- erning 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 orga- nize 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 Fed- eral agencies with jurisdiction may best support efforts to enhance Deadlin e .Est a b lis hm ent.


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 123STA T . 2 86 2 PUBLIC LA W 111 – 8 5—O CT. 28 , 2 0 0 9securityof t h e b u lkp o w er electric g ri d:Provide d fu r th er ,T h a t, ofthea m ou n t appropriated in this paragraph, $13, 075 ,000 shall be used for pro j ects specified in the table that appears under the heading ‘ ‘ C ongressionally D irected E lectricity Deli v ery and Energy R eliability P rojects ’ ’ inthejointe x planatory statement accompanying the conference report on this A ct .NUCLEAR E N ER GYF or Department of Energy expenses including the purchase, construction, and ac q uisition of plant and capital equipment, and other expenses necessary for nuclear energy activities in carrying out the purposes of the Department of Energy O rgani z ation Act (42U . S .C. 7101 et seq. ) , including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and the purchase of not more than 3 6 passenger motor vehicles, including one ambulance, all for replacement only, $7 8 6,637,000, to remain available until expended: Provided, That, of the amount appropriated in this paragraph, $2,500,000 shall be used for projects specified in the table that appears under the heading ‘‘Congressionally Directed Nuclear Energy Projects’’ in the joint explanatory statement accompanying the conference report on this Act. F OS S I L ENERGY RESEARC H AN D DE V ELO PM EN T For necessary expenses in carrying out fossil energy research and development activities, under the authority of the Department of Energy Organization Act (Public L aw 9 5 – 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 investiga - tions and research concerning the extraction, processing, use, and disposal of mineral substances without objectionable social and environmental costs (30 U.S.C. 3, 1602, and 1603), $672,383,000, to remain available until expended: Provided, That for all programs funded under Fossil Energy appropriations in this Act or any other Act, the Secretary may vest fee title or other property interests acquired under projects in any entity, including the United States: Provided further, That, of the amount appropriated in this para- graph, $36,850,000 shall be used for projects specified in the table that appears under the heading ‘‘Congressionally Directed Fossil Energy Projects’’ in the joint explanatory statement accompanying the conference report on this Act. NAVAL PETROLEUM AND OIL SHALE RESERVES For expenses necessary to carry out naval petroleum and oil shale reserve activities, including the hire of passenger motor vehicles, $23,627,000, to remain available until expended: Provided, That, notwithstanding any other provision of law, unobligated funds remaining from prior years shall be available for all naval petroleum and oil shale reserve activities. STRATEGIC PETROLEUM RESERVE For necessary expenses for Strategic Petroleum Reserve facility development and operations and program management activities


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 123STA T . 2 86 3 PUBLIC LA W 111 – 8 5—O CT. 28 , 2 0 0 9purs u ant t o t heE ner gyP o lic yan dC onser v ation A cto f1975, as a m ended (42U.S .C. 6 2 0 1etse q . ) , $ 24 3, 8 23,000, to remain availa b le until e x pended. NORTHEAS T H O M E HEAT INGO I LR ESER V E F or 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. ENERG YI N F ORMATION A D MINISTRATION For necessary expenses in carrying out the activities of the Energy Information Administration, $110,595,000, to remain avail - able until expended. NON- D EFENSE ENVIRONMENTAL CLEAN UP 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 Organi z ation Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $244,673,000, to remain available until expended. URANIUM ENRI C HMENT DECONTAMINATION AND DECOMMISSIONING FUND For necessary expenses in carrying out uranium enrichment facility decontamination and decommissioning, remedial actions, and other activities of title II of the Atomic Energy Act of 1954, and title X , subtitle A, of the Energy Policy Act of 1992, $573,850,000, to be derived from the Uranium Enrichment Decon- tamination and Decommissioning Fund, to remain available until expended. SCIENCE ( INCLUDING TRANSFER OF FUNDS ) For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for science activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or facility or for plant or facility acquisition, construc- tion, or expansion, and purchase of not more than 50 passenger motor vehicles for replacement only, including one la w enforcement vehicle, two ambulances, and three buses, $4,903,710,000, to remain available until expended
 * Provide

d, T hat $15,000,000 appropriated under this heading under prior appropriation Acts for the Advanced Research Pro j ects Agency — Energy is hereby transferred to the ‘ ‘Advanced Research Projects Agency—Energy ’ ’ account: Provided fu r th er, That, of the amount appropriated in this paragraph, $76,890,000 shall be used for the projects specified in the table


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Page:United States Statutes at Large Volume 123.djvu/2884

 123STA T . 2 864PUBLIC LA W 111 – 8 5—O CT. 28 , 2 0 0 9tha ta p p e a rsund er the head i n g‘ ‘ Co ngressiona l l yD ire c ted S cience P ro j ects ’ ’ inthejointe x planatory state m ent accompanying the con -f erence report on this A ct .NUCLEARW A ST ED I S PO SAL F or nuclear w aste disposal acti v ities to carry out the purposes of the Nuclear Waste Policy Act of 1982, Pu b lic L aw9 7–4 2 5 ,as amended ( the ‘‘NWPA’’ ) , $ 98,4 0 0,000, to remain available until expended, and to be derived from the Nuclear Waste Fund
 * Pro-vide

d, T hat 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 O ffice of the Attorney G eneral 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 fu r th er, That notwithstanding the lac k 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 activi- ties, 4.57 percent shall be provided to affected units of local govern- ment, as defined in the NWPA, to conduct appropriate activities and participate in licensing activities under Section 11 6 (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 avail- able in this Act for nuclear waste disposal and defense nuclear waste disposal activities, 0.25 percent shall be provided to the affected federally-recogni z ed I ndian 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 3 1, U nited States Code, the Department shall have no monitoring, auditing or other oversight rights or responsibilities over amounts provided to affected units of local government: Pro- vided 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 e q ual to taxes under section 116(c)(3) of the NWPA: Pro- vided 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 E nergy 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 Penalty.D ea d l i ne. N e v ada. C e r ti f i c ati o n. Nevada. Nevada. Native Am erican s . California. Nevada. Nevada. Nevada.


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Page:United States Statutes at Large Volume 123.djvu/2885

 123STA T . 2 865PUBLIC LA W 111 – 85 —O CT. 28 , 2 0 0 9certif ic a ti onsh a l lca u se such entit y to b e p rohibite d fro m any fur - ther fundin g pro v ided for similar activities
 * Provide

d fu r th er ,T hat none of the funds herein appropriated may be: (1) used directly or indirectly to influence legislative action, e x cept for normal and recogni z ed executive-legislative communications, on any matter pending before C ongress or a S tate legislature or for lobbying activity as provided in 1 8U. S.C. 1 9 1 3; ( 2 ) used for litigation expenses; or (3) used to support multi-State efforts or other coalition building activities inconsistent w ith the restrictions contained in this A ct: Provided further, That all proceeds and recoveries realized by the Secretary in carrying out activities authorized by the NWP A, including but not limited to, any proceeds from the sale of assets, shall be available without further appropriation and shall remain available until expended: Provided further, That of the funds made available in this Act for Nuclear Waste D isposal, $5, 0 00,000 shall be provided to create a B lue R ibbon Commission to consider all alternatives for nuclear waste disposal: Provided further, That no funds provided in this Act or any previous Act may be used to pursue repayment or collection of funds provided in any fiscal year to affected units of local government for oversight activities that had been previously approved by the Department of E nergy, or to withhold payment of any such funds. T ITLE 1 7IN N OVA TIVE TE CH NOLO GYL OAN GU A R ANTEE PROGRA M Such sums as are derived from amounts received from bor- rowers 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 197 4
 * Provided

,, That for necessary administrative expenses to carry out this Loan Guarantee program, $43,000,000 is appro- priated, 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 collec- tions to this account to cover administrative expenses and shall remain available until expended, so as to result in a final fiscal year 2010 appropriations from the general fund estimated at not more than $0: Provided further, That fees collected under section 1702(h) in excess of the amount appropriated for administrative expenses shall not be available until appropriated. A D VANCED TECHNOLOGY V EHICLE SM ANU F ACTURING LOAN PROGRAM F or administrative expenses in carrying out the Advanced Tech- nology Vehicles Manufacturing Loan Program, $20,000,000, to remain available until expended. DE P ARTMENTAL ADMINISTRATION For salaries and expenses of the Department of Energy nec- essary for departmental administration in carrying out the purposes of the Department of Energy O rganization Act (42 U.S.C. 7101 et se q .), including the hire of passenger motor vehicles and official reception and representation expenses not to exceed $30,000, $288, 6 84,000, to remain available until expended, plus such addi- tional amounts as necessary to cover increases in the estimated amount of cost of wor k for others notwithstanding the provisions Lob b ying.


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Page:United States Statutes at Large Volume 123.djvu/2886

 123STA T . 2 86 6 PUBLIC LA W 111 – 8 5—O CT. 28 , 2 0 0 9oftheAn t i-D efi c ienc y Act (31U.S . C .1 5 11 et s e q . ):Provide d ,T h a t s u ch inc r eases in cost of w or k are offset b yre v enue increases of the sa m eor g reater amount, to remain avai l able until e xp en d ed: Provided fu r th er, That moneys received by the Department for miscellaneous revenues estimated to total $ 11 9, 740 ,000 in fiscal year 2 010 may be retained and used for operating expenses within this account, and may remain available until expended, as author- i z ed by section 201 of P ublic L aw 95 – 23 8, notwithstanding the provisions of 31 U.S.C. 3302: Provided further, That the sum herein appropriated shall be reduced by the amount of miscellaneous reve- nues received during 2010, and any related appropriated receipt account balances remaining from prior years ’ miscellaneous reve- nues, so as to result in a final fiscal year 2010 appropriation from the general fund estimated at not more than $1 6 8,944,000. OF F ICEO F TH E INSP ECTO RG ENER ALF or 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. ATO M IC EN E R G Y DEFENSE ACTI V ITIES NATIONAL NUCLEAR SECURITY ADMINISTRATION W EAPONS ACTI V ITIES For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for atomic energy defense weapons activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, the purchase of not to exceed one ambulance $6,384,431,000, to remain available until expended: Provided, That $357,800,000 is provided to Stockpile Systems activities including $91,956,000 for the B 61 Stockpile Systems activities: Provided further, That upon completion of the Nuclear Posture Review and confirmation of the requirement for the B61–12, the NNSA is authorized to reallocate an additional $15,000,000 within the Stockpile Systems activities to support the continuation of the B61–12 non-nuclear upgrade study, with notification to cognizant congressional committees within 15 days of the implementation of this action: Provided further, That no funds may be obligated or expended for B61–12 nuclear components without prior approval by the Appropriations Committees of the H ouse and Senate: Provided further, That, of the amount appro- priated in this paragraph, $3,000,000 shall be used for the pro j ects specified under the heading ‘ ‘Congressionally Directed Weapons Activities Projects’’ in the joint explanatory statement accompanying the conference report on this Act. DEFENSE N U CLEAR NONPROLIFERATION For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and Notif i ca tio n.De a dl ine.


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Page:United States Statutes at Large Volume 123.djvu/2887

 123STA T . 2 867PUBLIC LA W 111 – 8 5—O CT. 28 , 2 0 0 9otherinc i d ent al e xp en s es necessar yf or defense n u clear non - proliferation acti v ities , in carryin g out the purposes of the D epart- m ent of E nergy O rgani z ation A ct (42U.S . C . 710 1etse q . ) , 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, $ 2,1 36 ,70 9 ,000, to remain availa b le until expended
 * Provide

d, T hat, of the amount appropriated in this para- graph, $2 5 0,000 shall be used for the pro j ects specified under the heading ‘ ‘Congressionally Directed Defense N uclear Nonprolifera- tion P rojects ’ ’ in the joint explanatory statement accompanying the conference report on this Act. N AV A LRE A CTORSF or Department of Energy expenses necessary for naval reac- tors 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 other w ise) of real property, plant, and capital equipment, facilities, and facility expansion, $945,133,000, to remain available until expended. O F F I CEOFT H EA DM I N ISTRATOR ( INCL U DIN G 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 L ab shall be transferred to ‘‘Non-Defense Environmental Cleanup’’: Provided fu r th er, 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. EN VI RON M ENTAL AND OT H ER DEFENSE ACTIVITIES DEFENSE ENVIRONMENTAL CLEANU P (INCLUDING TRANSFER OF FUNDS) For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for atomic energy defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and the purchase of not to exceed four ambulances and three passenger motor vehicles for replacement only, $5,642,331,000, to remain available until expended, of which $463,000,000 shall be transferred to the ‘‘Uranium Enrichment Decontamination and Decommis- sioning Fund’’: Provided, That, of the amount appropriated in this paragraph, $4,000,000 shall be used for projects specified in the


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Page:United States Statutes at Large Volume 123.djvu/2888

 123STA T . 2 86 8 PUBLIC LA W 111 – 8 5—O CT. 28 , 2 0 0 9table t h ata p pea rsund er the head i n g‘ ‘ Co ngressionall yD ire c ted De f ense E n v iron m ental Cleanup P ro j ects ’ ’ inthejointe x planatory statement accompanying the conference report on this A ct .OTHER DE F E NS EA C T IV ITIES F or Department of Energy expenses , including the purchase, construction, and ac q uisition 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 Organi z ation Act (42U . S .C. 710 1 et seq. ) , including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construc - tion, or expansion, and the purchase of not to exceed 12 passenger motor vehicles for replacement only, $8 47,4 6 8,000, to remain avail- able until expended
 * Provide

d, T hat of the amount appropriated in this paragraph, $ 3 ,000,000 shall be used for projects specified in the table that appears under the heading ‘‘Congressionally Directed Other Defense Activities Projects’’ in the joint explanatory statement accompanying the conference report on this Act. DEFENSE NU C L E A R W ASTE DIS PO SAL For nuclear w aste disposal activities to carry out the purposes of Public L aw 9 7 – 42 5, as amended, including the acquisition of real property or facility construction or expansion, $98,400,000, to remain available until expended. POWE RM AR K ET I N G ADMINISTRATIONS B ONNEVILLE PO W ERA DM INISTRATION FUND Expenditures from the Bonneville Power Administration Fund, established pursuant to Public Law 93–454, are approved for the Leaburg Fish Sorter, the O k anogan Basin Locally Adapted Steelhead Supplementation Program, and the Crystal Springs H atchery Facilities, and, in addition, for official reception and rep- resentation 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 fu r th er, 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 Loans.


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Page:United States Statutes at Large Volume 123.djvu/2889

 123STA T . 2 869PUBLIC LA W 111 – 8 5—O CT. 28 , 2 0 09 than$0:Provide d fu r th er ,T hat , n o t wi th s tan d in g31U.S. C . 330 2, up to$ 7 0, 8 0 6 ,000 c o l l e cted by the Southeaste r n P ower A d m inistra - tion pursuant to the F lood Control Act o f 1 94 4 to reco v er purchase power and wheeling e x penses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of ma k ing purchase power and wheeling expendi- tures: 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 subse q uent fiscal years shall be credited to this account as discretionary offsetting collections for the sole pur- pose of funding such expenses, with such funds remaining available until expended: Provided further, That for purposes of this appro- priation, annual expenses means expenditures that are generally recovered in the same year that they are incurred ( excluding pur- chase power and wheeling expenses ) . OPERATION AN DM AINTENAN C E, SO U T HW E S TERN POWER AD M INISTRATION For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy, for construction and acquisition of transmission lines, substations and appurtenant facilities, and for administrative expenses, including official reception and representation expenses in an amount not to exceed $1,500 in carrying out section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the Southwestern Power Administration, $44,944,000, to remain available until expended: Provided, That notwithstanding 31 U.S.C. 3302 and sec- tion 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 avail- able until expended, for the sole purpose of funding the annual expenses of the Southwestern Power Administration: Provided fur - ther, 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, notwith- standing 31 U.S.C. 3302, up to $38,000,000 collected by the South- western 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 avail- able 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 pur- pose of funding such expenses, with such funds remaining available until expended: Provided further, That for purposes of this appro- priation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding pur- chase power and wheeling expenses). 16USC825s–7. 16 USC 825s–6.


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Page:United States Statutes at Large Volume 123.djvu/2890

 123STA T . 2 870PUBLIC LA W 111 – 8 5—O CT. 28 , 200 9CONSTRUC T I ON ,REHAB I L ITATION, OP ERATION AN DM AINTENANCE, W ESTERN A REA P O W ER AD M INISTRATION Forca rr ying o ut t hef unction s authori z e db y tit l e I II, section 302( a ) ( 1 )( E ) of the Act of August 4 ,1 97 7 (42 U.S .C. 71 5 2), and other related acti v ities including conservation and rene w able resources p rogra m s as authorized, including official reception and representation e x penses in an amount not to exceed $ 1,500 $25 6 ,711,000 to remain available until expended, of which $245,216,000 shall be derived from the D epartment of the Interior Reclamation Fund
 * Provide

d, T hat notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of 1944 (16 U.S.C. 8 25s), 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 collec - tions, to remain available until expended, for the sole purpose of funding the annual expenses of the Western Area Power Adminis- tration: Provided fu r th er, 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 I V of the Reclamation Pro j ects Authorization and Adjust- ment 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 ma k ing 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 remedi- ation at the B asic Substation site in H enderson, N evada: 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 subse q uent fiscal years shall be credited to this account as discre- tionary offsetting collections for the sole purpose of funding such expenses, with such funds remaining available until expended: Pro - vided 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 OPERATIN G AND MAINTENANCE FUND For operation, maintenance, and emergency costs for the hydro- electric 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 J une 18, 1954 (68 Stat. 255) as amended: Provided, 42USC7 27 6f.


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Page:United States Statutes at Large Volume 123.djvu/2891

 123STA T . 2 87 1 PUBLIC LA W 111 – 8 5—O CT. 28 , 2 0 0 9Thatno t wi th s tan d in g th epr o v isions o f that Ac tandof 31U.S. C . 33 02,u pto $ 2,3 48 ,000 co l lected by the W estern Area P ower Ad m inistration from the sale of power and related services from the F alcon and Amistad D ams shall be credited to this account as discretionary offsetting collections, to remain available until e x pended for the sole purpose of funding the annual expenses of the hydroelectric facilities of these Dams and associated Western Area Power Administration activities
 * Provide

d fu r th er, 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 provi - sions of section 2 of the Act of J une 18, 1 95 4 (6 8 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 facili- ties of these Dams and associated Western Area Power Administra- tion activities in this and subse q uent fiscal years shall be credited to this account as discretionary offsetting collections for the sole purpose of funding such expenses, with such funds remaining avail- able until expended: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are gen- erally recovered in the same year that they are incurred. F ED E RALEN ER GYR EG U LA TO RY CO M M IS SION SALARIES AND E XP ENSES For necessary expenses of the Federal Energy Regulatory Commission to carry out the provisions of the Department of Energy O rgani z ation Act (42 U.S.C. 7 101 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. G E N ERA L PRO VI SIONS — DEPART M ENT OF ENERG Y SE C . 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 Reprog r am m in g re qu e st.42USC71 71 note. 42 USC 727 6 g.


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Page:United States Statutes at Large Volume 123.djvu/2892

 123STA T . 2 87 2 PUBLIC LA W 111 – 8 5—O CT. 28 , 2 0 0 9(2)topr o vide e nha n c ed s everance pa ym ents or other b ene -f its for emp l oyees of the D epartment of E ner g y u nder such section or ( 3 ) develop or implement a w or k force restructuring plan that covers employees of the Department of Energy .SEC . 3 0 3. T he une x pended balances of prior appropriations provided for activities in this A ct 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. 30 4 . N one of the funds in this or any other Act for the Administrator of the B onneville P ower 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. 30 5 . W hen 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 e q uipment 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. F or 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 1 9 92 (42 U .S. C . 13503(a)(2)); (2) a National Nuclear Security Administration Defense Programs Tech- nology Deployment Center / User Facility; and (3) any other Depart- mental facility designated by the Department as a user facility. SEC. 30 6 . 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 authori z ed by the Congress for purposes of section 504 of the National Security Act of 194 7 (50 U.S.C. 414) during fiscal year 2010 until the enactment of the I ntelligence Authorization Act for fiscal year 2010. SEC. 307. O f the funds made available by the Department of Energy for activities at G overnment-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 develop- ment: Provide d, 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. (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 Det e rmina ti o n .T ran sf er a u t h orit y . 42USC7 2 69 note. 50 USC 279 1 a note. N oti c e. Contracts. Certification. W or k force restructurin gpl an.