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 123STA T .60 3 PUBLIC LA W 111 –8—M A R .11, 200 9Act, t heamoun t s ma d ea v a il a b le unde r this p ara g raph shall be e x pended as authori z edinla wf or the pro j ects and activities speci - fied in the text and table under this heading in the explanator y statement described in section 4( in the matter preceding division A of the consolidated Act ).MIS SISSI P PI R I VE R ANDT RI BU TARIES F or expenses necessary for flood damage reduction projects and related efforts in the M ississippi R iver alluvial valley below C ape G irardeau, Missouri, as authorized by law, $38 3,8 2 3, 0 00, 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 T rust Fund
 * Provide

d, That the Chief of E ngineers is directed to use $ 5 ,000,000 of the funds provided herein for design and real estate activities and pump supply elements for the Y azoo B asin, Yazoo Bac k water P umping Plant, Mississippi: Provided fu r -th er, That the S ecretary of the Army, acting through the Chief of Engineers is directed to use $8,000,000 appropriated herein for construction of water withdrawal features of the Grand Prairie, Arkansas, project: Provided further , That, except as provided in section 1 01 of this Act, the amounts made available under this paragraph shall be expended as authorized in law for the projects and activities specified in the text and table under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). 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, $2,201, 9 00,000, 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 L and and W ater Conservation Act of 19 6 5, as amended (16 U .S.C. 460l – 6a(i)), shall be derived from that account for resource protection, research, interpretation, and maintenance activities related to resource protection in the areas at which outdoor recreation is available; and of which such sums as become available from fees collected under section 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 facilities for which such fees have been collected: Provided, That of the amounts provided herein, not to exceed $500,000 is provided to the Secretary of the Army to reimburse travel expenses as provided for in section 9003(f) of the Water Resources Development


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 123STA T .604PUBLIC LA W 111 –8—M A R .11, 200 9Actof20 0 7,Publi c Law1 10 – 11 4( 121 S tat . 12 89 –1290 ):Provide d fu r th er ,Th at2 per ce n tofthetotala m ount of fun ds pro v ided for each of the pro g rams, pro j ects or activities funded under this heading shall not be allocated to a field operating activit y prior to the beginning of the fourth q uarter of the fiscal year and shall be available for use by the C hief of E ngineers to fund such emer - gency activities as the Chief of Engineers determines to be necessary and appropriate and that the Chief of Engineers shall allocate during the fourth quarter any remaining funds which have not been used for emergency activities proportionally in accordance with the amounts provided for the programs, projects or activities: Provided further, That, e x cept as provided in section 101 of this Act, the amounts made available under this paragraph shall be expended as authori z ed in law for the projects and activities speci- fied in the text and table under the heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). REGULATO R YP ROGRA MF or expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $ 18 3 ,000,000, to remain available until expended: Provided, That the Secretary of the Army, acting through the Chief of Engineers, may use up to $3,200,000 of the funds appropriated herein to reimburse the Port of Arlington, G illam County, O regon, for those direct construc- tion costs determined by the Secretary to have been incurred by the Port as a result of and following issuance of the D epartment of the Army R egulatory Program permit for the construction of a commercial doc k and offload facility at the Port in February 2007, including the removal of the commercial dock and offload facility. F ORMERLY UT I LI Z E DS ITES REMEDIAL A C TIO N PROGRAM For expenses necessary to clean up contamination from sites in the U nited States resulting from work performed as part of the N ation ’ s early atomic energy program, $140,000,000, to remain available until expended. E X PENSES For expenses necessary for the supervision and general administration of the civil works program in the headquarters of the United States Army Corps of Engineers, and the offices of the Division Engineers; and for the management and operation of the H umphreys Engineer Center Support Activity, the I nstitute for W ater Resources, the United States Army Engineer Research and Development Center, and the United States Army Corps of Engineers Finance Center, $179,3 65 ,000, to remain available until expended, of which not to exceed $5,000 may be used for official reception and representation purposes and only during the current fiscal year: Provided, That no part of any other appropriation pro- vided in title I of this Act shall be available to fund the civil works activities of the Office of the Chief of Engineers or the civil works executive direction and management activities of the division offices.

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 123STA T .605PUBLIC LA W 111 –8—M A R .11, 200 9OF F ICE OF AS SIS T A N T SEC R ETAR Y OFT H EAR M Y ( CI V I LW OR K S )FortheOf f ic eof As sist an t S ecretar y of the Ar m y (C i v i lW or k s ) asa u thori z e db y 10U. S.C. 3 01 6 (b)(3) ,$4, 5 00,000, to remain avail - able until e xp ended. A D MINISTRATIVE P ROVISION T he R evolvin g Fund, Corps of E ngineers, 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 w orks program. G ENERAL PROVISIONS, CORPS OF ENGINEERS — CIVIL SEC. 101. (a) N one 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 00 9, 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; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the H ouse and Senate Committees on Appropriations; (4) proposes to use funds directed for a specific activity for a different purpose, unless prior approval is received from the House and Senate Committees on Appropriations; (5) augments or reduces existing programs, projects or activities in excess of the amounts contained in subsections 6 through 10, unless prior approval is received from the House and Senate Committees on Appropriations; (6) INVESTIGATIONS.—For a base level over $100,000, re- programming of 25 percent of the base amount up to a limit of $150,000 per project, study or activity is allowed: Provide d , That 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 ) CONSTR U CTION.—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 ) OPERATION AND MAINTENANCE.—Unlimited reprogram- ming authority is granted in order for the Corps to be able to respond to emergencies: Provided, That the Chief of Engi- 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, Notif i ca tio n.Repr o g ra m ming a u t h orit y .


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 123STA T .60 6 PUBLIC LA W 111 –8—M A R .11, 200 9rep r og r am m in go f15 per c en t oft h e b a s e amo u ntuptoa l imit of $ 5 ,0 00,000 per pro j ect, stu dy or acti v ity is allo w ed
 * Provide

d fu r th er ,T hat for a base level less than $1,000,000, the reprogramming limit is $150,000: Provided further, That $150,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation SISSI P PI R I VE R ANDT RI BU TARIES .— The same re - programming guidelines for the I nvestigations, C onstruction, and O peration and Maintenance portions of the Mississippi R iver and Tributaries A ccount as listed above; and (10) FO R M ER LY UTILI Z ED SITES REMEDIAL A C TION PRO- G RAM.—Reprogramming of up to 15 percent of the base of the receiving project is permitted. (b) CONTINUING AUT H ORITIES P ROGRAM.— S ubsection (a)(1) shall not apply to any project or activity funded under the continuing authorities program. (c) N ot later than 6 0 days after the date of enactment of this Act, the Corps of E ngineers shall submit a report to the H ouse and Senate Committees on Appropriations to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year: Provided, That the report shall include: (1) A table for each appropriation with a separate column to display the President ’ s budget re q uest, adjustments made by Congress, adjustments due to enacted rescissions, if appro- priate, and the fiscal year enacted level; ( 2 ) A delineation in the table for each appropriation both by object class and program, project and activity as detailed in the budget appendi x for the respective appropriations; and ( 3 ) An identification of items of special congressional interest: Provided further, That the amount appropriated for salaries and expenses of the Corps of Engineers shall be reduced by $100,000 per day for each day after the required date that the report has not been submitted to the Congress. SEC. 102. None of the funds in this Act, or previous Acts, ma k ing funds available for Energy and W ater D evelopment, shall be used to implement any pending or future competitive sourcing actions under OM B Circular A –7 6 or High 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 an amount for a project in excess of the amounts appropriated for that project that remain unobligated. SEC. 10 4 . 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. SEC. 105. WATER REALLOCATION, L A K E CUMBERLAND, K EN- TUCKY. (a) IN G ENERAL.—Subject to subsection (b), none of the funds made available by this Act may be used to carry out any water reallocation project or component under the Wolf Creek Project, Lake Cumberland, Kentucky, authorized under the Act of J une 2 8, 1938 (52 Stat. 1215, ch. 795) and the Act of July 24, 1946 (60 Stat. 636, ch. 595). (b) E X ISTING REALLOCATIONS.—Subsection (a) shall not apply to any water reallocation for Lake Cumberland, Kentucky, that is carried out subject to an agreement or payment schedule in effect on the date of enactment of this Act. Deadlin e .R e ports . C ontra c ts. F ines. Deadline. Reports.
 * (9)MIS


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 123STA T .607PUBLIC LA W 111 –8—M A R .11, 200 9SEC.106 . S ection 1 2 1o f t h e E ne rgya n dW ater D e v e l o pm ent A ppropriation s Act , 2006 (Pub lic L a w 10 9– 10 3; 119 Stat. 22 5 6 ) is amended by stri k ing subsection (a) and inserting the following

‘(a) H ereafter, the Secretary of the Army may carry out and fund planning studies, watershed surveys and assessments, or tech - nical studies at 100 percent F ederal e x pense to accomplish the purposes of the 2003 B iological O pinion described in section 205(b) of the Energy and Water Development Appropriations Act, 2005 (Public Law 10 8 – 4 4 7 (b) or any related subse q uent biological opinion, and the collabo- rative program long-term plan. I n carrying out a study, survey, or assessment under this subsection, the Secretary of the Army shall consult with Federal, State, tribal and local governmental entities, as well as entities participating in the M iddle R io G rande Endangered Species C ollaborative Program referred to in section 205 of this Act: Provide d, T hat the Secretary of the Army may also provide planning and administrative assistance to the Middle Rio Grande Endangered Species Collaborative Program, which shall not be sub j ect to cost sharing requirements with non-Federal interests. ’ ’. SEC. 107. N one of the funds in this Act, or previous Acts, making funds available for Energy and Water Development shall be used to award any continuing contract that commits additional funding from the Inland Waterway Trust Fund unless or until such time that a permanent solution to enhance revenues in the fund is enacted. SEC. 108. The Secretary is authori z ed to conduct a study of the Missouri River Projects located within the Missouri River basin at a total cost of $ 25,000,000 with the express purpose to review the original project purposes based on the Flood Control Act of 1944, as amended, and other subsequent relevant legislation and judicial rulings to determine if changes to the authorized project purposes and existing Federal water resource infrastructure may be warranted: Provided , That this study shall be undertaken at full Federal expense. SEC. 109. Section 134 of Public Law 108–137 (117 Stat. 1842), as amended by section 128(b) of Public Law 109–103 (119 Stat. 2260), is further amended by striking ‘‘$30,000,000’’ wherever it appears and inserting ‘‘$48,300,000’’ in lieu thereof. SEC. 110. Section 101(a)(5) of the Water Resources Development Act of 1996 (110 Stat. 3663) is amended — (1) by inserting ‘‘(A) I NG ENE RAL .—’’ before ‘‘The’’; and (2) by adding at the end the following: ‘‘(B) CRE DIT T OW ARD NON- F EDERAL SH ARE.—The Sec- retary shall credit toward the non-Federal share of the project the costs expended by non-Federal interests for the replacement and reconstruction of the Soquel Avenue Bridge. ‘‘(C) MA X I MU M AMOUNT OF CREDIT.—The credit under paragraph (B) may not exceed $2,000,000. ‘‘(D) LIMITATION OF TOTAL P RO J ECT COST.—The Sec- retary shall not include the costs to be credited under paragraphs (B) and (C) in total project costs in determining the amounts of the Federal and non-Federal contributions.’’. SEC. 111. The Missouri River Levee System (MRLS) U nit L– 385 Project, Riverside, Missouri, authorized by the Flood Control Act of 1941, Public Law 77–228, and the Flood Control Act of Study.Con t rac t s . Consu l tat i on.
 * 118 Stat. 2949) as amended by subsection


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 123STA T .608PUBLIC LA W 111 – 8 —M A R .11, 200 9194 4 ,PublicLaw78–53 4,i smod i f i e d t odi r ect t h e S ecretar y , acti ng through the C hief of E ngineers, to ta k e such action as is necessary to correct deficiencies in the L–385 le v ee system in R iverside, M is - souri at full F ederal e xp ense at a cost of no more than $ 7, 0 00,000 . S EC. 11 2 . Section 115 of the Energy and W ater D evelopment and Related A gencies Appropriations Act, 2008 as contained in division C of Public Law 110–1 6 1, is amended by striking ‘ ‘$20,000,000. T he Secretary shall transfer this facility to the Sec- retary of the I nterior for operation and maintenance upon the completion of construction. ’ ’ and inserting in lieu thereof, ‘‘$20,000,000
 * Provide

d , That the Secretary shall transfer ownership of this facility to the Secretary of H ealth and Human Services for operation and maintenance upon the completion of construc- tion.’’. SEC. 113. Section 103 ( c ) (7) of the Water Resources Development Act of 1992 (106 Stat. 4811–12), as amended by section 117 of the Energy and Water Development Appropriations Act of 2006 (119 Stat. 2255), is further amended by striking ‘‘15,000,000’’ and inserting ‘‘26,000,000’’. SEC. 114. Section 3118 of Public Law 110–114 (121 Stat. 1137) is amended by — (1) in paragraph (b) by inserting after ‘‘ N ew Mexico’’ the following: ‘‘in accordance with the plans recommended in the feasibility report for the Middle Rio G rande B os q ue, New Mexico, scheduled for completion in December 2008’’ (2) redesignating subsection (d) as subsection (e); and (3) inserting a new subsection (d): ‘‘(d) C OST S HARING .—Any requirement for non-Federal partici- pation in a pro j ect carried out in the bosque of Bernalillo County, New Mexico, pursuant to this section shall be limited to the provi- sion of lands, easements, rights-of-way, relocations, and dredged material disposal areas necessary for construction, operation and maintenance of the project.’’. SEC. 115. The non-Federal interest for the project referenced in section 3154 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1148) may carry out design and construction work on the project in advance of Federal appropria- tions or may provide funds directly to the Secretary for the Sec- retary to carry out such work: Provided, That the Secretary of the Army shall reimburse the non-Federal interest for any costs incurred by the non-Federal interest that are in excess of the non-Federal share of total project costs subject to the availability of appropriations. SEC. 116. The Colorado Department of Natural Resources is authori z ed to perform modifications of the facility (Chatfield Res- ervoir, Colorado), and any required mitigation which results from implementation of the project: Provided, That in carrying out the reassignment of storage space provided for in this section, the Secretary shall collaborate with the Colorado Department of Nat- ural Resources and local interests to determine costs to be repaid for storage that reflects the limited reliability of the resources and the capability of non-Federal interests to make use of the reallocated storage space in Chatfield Reservoir, Colorado. SEC. 117. Section 117 of the Energy and Water Development and Related Agencies Appropriations Act, 2005, as contained in division C of Public Law 108–447, is hereby repealed. 1 1 8Sta t .294 4. Col o r a d o. Reimbu r s eme n ts. 121 Stat. 194 5.


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 123STA T .609PUBLIC LA W 111 –8—M A R .11, 2009 SEC.1 1 8 . The Se cr e ta r yofA r m y , act ing thro u gh the C hief of E ngineer s , sha l l reassign the regulatory b oun d aries of the Chi - cago D istrict to align w ith the e x isting ci v il wor k s boundaries of the Chicago District. T I T L EII DE P A R T M E N T OF T 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 authori z ed by the Central Utah Pro j ect Com p letion Act, $40, 36 0,000, to remain available until expended, of which $ 9 8 7 ,000 shall be deposited into the Utah Rec- lamation Mitigation and Conservation Account for use by the Utah Reclamation Mitigation and Conservation Commission. In addition, for necessary expenses incurred in carrying out related responsibil- ities of the Secretary of the Interior, $1,640,000, to remain available until expended. For fiscal year 2 009, the Commission may use an amount not to exceed $1, 5 00,000 for administrative expenses. B UREAU O F RECLAMATION The following appropriations shall be expended to execute authorized functions of the Bureau of Reclamation
 * W

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, $920,259,000, to remain available until expended, of which $46,655,000 shall be available for transfer to the Upper Colorado River Basin Fund and $24,962,000 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 within the overall appropriation under this heading: Provided fu r -th er, That of the total appropriated, the amount for program activi- ties that can be financed by the Reclamation Fund or the Bureau of Reclamation special fee account established by 16 U.S.C. 460l – 6a ( i ) shall be derived from that Fund or account: Provided further, That funds contributed under 43 U.S.C. 395 are available until expended for the purposes for which contributed: Provided further, That funds advanced under 43 U.S.C. 397a shall be credited to this account and are available until expended for the same purposes as the sums appropriated under this heading: Provided further, Reas s ignm en t.


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 123STA T .6 1 0PUBLIC LA W 111 –8—M A R .11, 200 9Thatfunds a v a il a b l e f or e xp enditure for the D epart m ental I rri g a - tion Drainage P rogram ma y be expended by the B ureau of R e c lama- tion for site remediation on a nonreimbursable basis
 * Provide

d fu r th er , That funds provided for the F riant- K ern and M adera C anals improvements may be expended on a non-reimbursable basis: Pro - vided further , That $4, 0 00,000 of the funds appropriated under this heading shall be deposited in the S an G abriel Basin Restoration Fund established by section 1 10 of title I of appendix D of Public L a w 10 6–5 54: Provided further, That, except as provided in section 2 01 of this A ct, the amounts made available under this paragraph shall be expended as authori z ed in law for the pro j ects and activities specified in the text and table under this heading in the explanatory statement described in section 4 ( in the matter preceding division A of this consolidated Act ).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, $56,0 79 ,000, to be derived from such sums as may be collected in the Central Valley Project Restoration Fund pursuant to sections 3 407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of Public Law 102–575, to remain available until expended: Provided, That the Bureau of Reclamation is directed to assess and collect the full amount of the additional mitigation and restoration payments authorized by section 3407(d) of Public Law 102–575: Provided further, That none of the funds made avail- able 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 E nvironmental Improvement Act, consistent with plans to be approved by the Secretary of the Interior, $40,000,000, to remain available until expended, of which such amounts as may be necessary to carry out such activities may be transferred to appropriate accounts of other participating Federal agencies to carry out authorized purposes: Provided, That funds appropriated herein may be used for the Federal share of the costs of CALFED Program management: Provided further, That the use of any funds provided to the California Bay-Delta Authority for program-wide management and oversight activities shall be subject to the approval of the Secretary of the Interior: Provided further, That CALFED implementation shall be carried out in a balanced manner with clear performance measures demonstrating concurrent progress in achieving the goals and objectives of the Program. POLICY AND AD M INISTRATION (INCLUDING TRANSFER OF FUNDS) For necessary expenses of policy, administration, and related functions in the O ffice of the Commissioner, the Denver office, and offices in the five regions of the Bureau of Reclamation, to remain available until expended, $59,400,000, to be derived from


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 123STA T .6 11 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9theR e clam at ionFu n d and b e non r eimbur s able as p ro v ided in 43U.S. C . 3 7 7
 * Provide

d ,T hat no part o f an y other appropriation in this A ct shall be available for activities or functions bud g eted as policy and administration e x penses: Provided fu r th er, That , of the funds provided under this heading, $10 ,000,000 shall be trans - ferred to ‘ ‘ W ater and Related Resources ’ ’ upon the expiration of the 9 0-day period follo w ing the date of enactment of this Act if during such period, the Secretary of the I nterior has not submitted to the Committees on Appropriations of the H ouse of Representa- tives and the Senate the B ureau of Reclamation’s five-year budget plan. ADMIN I STR ATI VEP R O VISION Appropriations for the Bureau of Reclamation shall be available for purchase of not to exceed seven passenger motor vehicles, which are for replacement only. G ENERA LP ROVISIONS, D EPARTMENT O F T H E INTERIOR SE C . 2 01. ( a )N one of the funds provided in title II of this Act for Water and Related Resources, or provided by previous appropriations Acts to the agencies or entities funded in title II of this Act for Water and Related Resources that remain available for obligation or expenditure in fiscal year 2009, shall be available for obligation or expenditure through a reprogramming of funds that — (1) initiates or creates a new program, pro j ect, or activity (2) eliminates a program, project, or activity; (3) increases funds for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate; (4) restarts or resumes any program, project or activity for which funds are not provided in this Act, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate; ( 5 ) transfers funds in excess of the following limits, unless prior approval is received from the Committees on 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 O peration, 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 real estate deficiency judgments, unless prior approval is Transfe r d a t e .Bu d g et pl an.


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 123STA T .6 12 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9rec e iv e df r omth e C ommittee s o nAp propri a tions of the H o u se of R epresentatives and the S enate .(b) Subsection (a)( 5 ) sha l l not appl y to any transfer of funds w ithin the F acilities O peration ,M aintenance, and Rehabilitation cate g ory. (c) For purposes of this section, the term ‘ ‘transfer ’ ’ means any movement of funds into or out of a program, pro j ect, 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. The Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation, is authorized to enter into grants, cooperative agreements, and other agreements with irrigation or water districts and States to fund up to 50 percent of the cost of planning, designing, and constructing improvements that will conserve water, increase water use efficiency, or enhance water management through measurement or automation, at existing water supply projects within the States identified in the Act of June 1 7, 1902, as amended, and supplemented
 * Provide

d, That when such improvements are to federally owned facilities, such funds may be provided in advance on a nonreimbursable basis to an entity operating affected transferred wor k sormay Grants.Co ntra c ts. NewM e xi co. Ca l i f ornia. D raina g e p lan. Dea d line. R eports. Deadlines. Definition.


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 123STA T .6 13 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9bed ee m ed no n r e i mb u r sa b l e f or non t ransferred w or k s
 * Provide

d fu r th er ,Th at the c alculation of the non -F ederal contribution shall p ro v ide for consideration of the value of an y in-kind contributions, but shall not include funds received from other Federal a g encies: Provided further, That the cost of operating and maintaining such improvements shall be the responsibility of the non-Federal entity: Provided further, That this section shall not supercede any e x isting pro j ect-specific funding authority: Provided further, That the S ec- retary is also authori z ed to enter into grants or cooperative agree- ments with universities or nonprofit research institutions to fund water use efficiency research . S EC. 206 . ( a ) Section 20 9 of the E nergy and W ater D evelopment A ppropriations Act, 200 4 ( P ublic L aw 1 0 8– 1 37; 117 Stat. 18 5 0) is repealed. (b) The Secretary of the I nterior (referred to in this section as the ‘ ‘Secretary ’ ’) shall establish and maintain an Executive C om- mittee of the M iddle R io G rande Endangered Species Collaborative Program (referred to in this section as the ‘‘Executive Committee’’) consistent with the bylaws of the Middle Rio Grande Endangered Species Collaborative Program adopted on O ctober 2, 2006. (c) H ereafter, in compliance with applicable Federal and State laws, the Secretary (acting through the Commissioner of Reclama- tion), in collaboration with the Executive Committee, may enter into any grants, contracts, cooperative agreements, interagency agreements, or other agreements that the Secretary determines to be necessary to comply with the 2003 B iological Opinion described in section 205(b) of the Energy and Water Development Appropria- tions Act, 2005 (Public Law 108–447; 118 Stat. 2949) as amended by section 121(b) of the Energy and Water Development Appropria- tions Act, 2006 (Public Law 109–103; 119 Stat. 2256) or any related subse q uent biological opinion or in furtherance of the objectives set forth in the collaborative program long-term plan. (d)(1) The acquisition of water under subsection (c) and any administrative costs associated with carrying out subsection (c) shall be at full Federal expense. (2) N ot more than 15 percent of amounts appropriated to carry out subsection (c) shall be made available for the payment of administrative expenses associated with carrying out that sub- section. (e)(1) The non-Federal share of activities carried out under subsection (c) (other than an activity or a cost described in sub- section (d)(1)) shall be 25 percent. The non-Federal cost share shall be determined on a programmatic, rather than a project- by-project basis. (2) The non-Federal share required under paragraph (1) may be in the form of in-kind contributions, the value of which shall be determined by the Secretary in consultation with the executive committee. (f) Nothing in this section modifies or expands the discretion of the Secretary with respect to operating reservoir facilities under the jurisdiction of the Secretary in the Rio Grande V alley, New Mexico. SEC. 207. Section 208 of the Energy and Water Development and Related Agencies Appropriations Act, 2008 (Public Law 110– 161; 121 Stat. 1953) is amended — (1) in subsection (a)— Establi s hmen t .Gr ants. Co ntra c ts.


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Page:United States Statutes at Large Volume 123.djvu/634

 123STA T .6 1 4PUBLIC LA W 111 –8—M A R .11, 2 0 0 9(A)inpar a g rap h ( 2 )( B ) ,by in se r t ing ‘ ‘, as d eter m ined bythen o npro f it c onser v ation organi z ation ’ ’ after ‘‘ L a k e’’ and (B) in paragraph ( 4 ), by striking ‘‘retirement of w ater rights’’ and a l l that follows thro u gh the semicolon at the end and inserting ‘‘retirement of water rights;’’; and (2) in subsection (b), by striking ‘‘ J une 30 ,20 1 0’’ and inserting ‘‘June 30, 2012’’ .SEC . 20 8 . N otwithstanding any other provision of law, of amounts made available under section 2 5 0 7 of the F arm Security and R ural I nvestment Act of 2002 (43 U .S. C . 2211 note; P ublic Law 107 – 171), the Secretary of the Interior acting through the Commissioner of Reclamation, shall allocate — (1) $ 300,000 to the D esert Research Institute for LIDAR ac q uisition data in the W alker River Basin, to supplement water rights research and data funded under section 208(a)(1) of the E nergy and Water Development Appropriations Act, 200 6 (Public Law 10 9 –103; 119 Stat. 2268); and (2) $300,000 to the Director of the United States Fish and Wildlife Service to conduct a multiyear assessment of and monitoring of the ability of west central Nevada lakes to support migratory loons, and identification of wintering areas and annual range of loons using Walker Lake during migration. T ITLE III DEPART M ENT O F ENER GY ENERGY PROGRAMS E N E RGY E F F I CIENCY A N D RENE W A BL E ENERGY For Department of Energy e x penses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for energy efficiency and renewable energy activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and the purchase of not to exceed two passenger vehicles for replacement, $1,928,540,000, to remain available until expended
 * Provide

d, That, of the amount appropriated in this paragraph, $228,803,380 shall be used for pro j ects specified in the table that appears under the heading ‘‘Congressionally Directed Energy Efficiency and Renewable Energy Projects’’ in the text and table under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated 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, $137,000,000, to remain available until expended: Provided , That, Nevad a .


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Page:United States Statutes at Large Volume 123.djvu/635

 123STA T .6 1 5PUBLIC LA W 111 –8—M A R .11, 2 0 0 9oftheam o un ta p p r opr i ate d in thi s para g raph ,$19, 648 ,4 75 sha l l b e used for pro j e c ts specified in the table that appears under the heading ‘ ‘ C ongressionall yD irected E lectricity Deli v ery and Energy R eliability P rojects ’ ’ inthete x t and table under this heading in the explanatory statement described in section 4 ( in the matter preceding division A of this consolidated Act ).NUCLEAR E N ER GY(I NCLU D ING T RAN SF ER O F FUNDS )F 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 (4 2U . S .C. 71 0 1 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 29 passenger motor vehicles, including three ne w buses and 26 replace - ment vehicles, including one ambulance, $792,000,000, to remain available until expended
 * Provide

d ,T hat, of the amount appro- priated in this paragraph, $2,854,500 shall be used for projects specified in the table that appears under the heading ‘‘Congression- ally Directed Nuclear Energy Projects’’ in the text and table under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). CLEAN COAL TEC H NOLOGY (INCLUDING TRANSFER OF FUNDS) Of the funds made available under this heading for obligation in prior years, $149,000,000 of uncommitted balances are trans- ferred to Fossil Energy Research and Development to be used until expended: Provided, That funds made available in previous appropriations Acts shall be made available for any ongoing project regardless of the separate request for proposal under which the project was selected. FOSSIL ENERGY RESEARCH AND DE V ELO PM ENT (INCLUDING TRANSFER OF FUNDS) 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 95 – 91), including the acquisition of interest, including defeasible and equitable interests in any real property or any facility or for plant or facility acquisition or expansion, and for conducting inquiries, technological investiga- tions and research concerning the extraction, processing, use, and disposal of mineral substances without objectionable social and environmental costs ( 3 0 U.S.C. 3, 1602, and 1603), $876,320,000, to remain available until expended, of which $149,000,000 shall be derived by transfer from ‘‘Clean Coal Technology’’: Provided, That of the amounts provided, $288,174,000 is available for the Clean Coal Power I nitiative Round III solicitation, pursuant to title I V of the Public Law 109–58: Provided fu r th er, That funds appropriated for prior solicitations under the Clean Coal Technology Program, Power Plant Improvement Initiative, Clean Coal Power


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Page:United States Statutes at Large Volume 123.djvu/636

 123STA T .6 16 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9Init i a ti ve, an dFu tu r e G en, b utn o tre q uired b y t h e D e p art m ent to meet it s ob l i g ations on pro j e c ts selected under such solicitations, may be utili z ed f or the C lean Coal P o w er Initiative R ound III solicitation under this A ct in accordance with the requirements of this Act rather than the Acts under which the funds were appropriated
 * Provide

d fu r th er, T hat no Clean Coal Power Initiative project may be selected for which full funding is not available to provide for the total project: Provided further , That if a Clean Coal Power Initiative project selected after enactment of this legisla - tion for negotiation under this or any other Act in any fiscal year, is not awarded within 2 years from the date the application was selected, negotiations shall cease and the Federal funds committed to the application shall be retained by the Department for future coal-related research, development and demonstration projects, e x cept that the time limit may be extended at the S ecretary ’ s discretion for matters outside the control of the applicant, or if the Secretary determines that extension of the time limit is in the public interest: Provided further, That the Secretary may not delegate this responsibility for applications greater than $10 ,000,000: Provided further, That financial assistance for costs in excess of those estimated as of the date of award of original Clean Coal Power Initiative financial assistance may not be pro- vided in excess of the proportion of costs borne by the Government in the original agreement and shall be limited to 2 5 percent of the original financial assistance: Provided further, That funds shall be expended in accordance with the provisions governing the use of funds contained under the heading ‘ ‘Clean Coal Technology’’ in 4 2 U. S.C. 5 9 0 3 d as well as those contained under the heading ‘‘Clean Coal Technology’’ in prior appropriations: Provided further, That any technology selected under these programs shall be consid- ered a Clean Coal Technology, and any project selected under these programs shall be considered a Clean Coal Technology Project, for the purposes of 42 U.S.C. 76 51n, and chapters 51, 52, and 60 of title 40 of the Code of Federal Regulations: Provided further, That funds available for the Clean Coal Power Initiative Round III Funding O pportunity Announcement may be used to support any technology that meets the requirements of the Round III Announcement relating to carbon capture and storage or other beneficial uses of CO 2 , without regard to the 70 and 30 percent funding allocations specified in section 402 ( b ) (1)(A) and 402(b)(2)(A) of Public L aw 109 – 5 8
 * Provided further, That no part of the sum

herein made available shall be used for the field testing of nuclear explosives in the recovery of oil and gas: Provided further, That, of the amount appropriated in this paragraph, $43,864,150 shall be used for projects specified in the table that appears under the heading ‘‘Congressionally Directed Fossil E nergy Projects’’ in the text and table under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). NAV A L P ETRO LE UM A ND O I LS H ALE RE S ERVES For expenses necessary to carry out naval petroleum and oil shale reserve activities, including the hire of passenger motor vehicles, $19,099,000, to remain available until expended: Provided, That, notwithstanding any other provision of law, unobligated funds Deadlin e .42USC1596 5.


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Page:United States Statutes at Large Volume 123.djvu/637

 123STA T .6 1 7PUBLIC LA W 111 –8—M A R .11, 2 0 0 9remain in gf r o m p rior y ear s s h a l l b ea v ailable for all naval pe t role u m an d oil shale reserve a c tivities .STRA T EGICP ETR OL E UMR E S ER V E F or necessary e x penses for Strategic Petroleum Reserve facility development and operations and program management activities pursuant to the E nergy Policy and C onservation A ct of 1975, as amended (42U .S.C. 6 2 0 1etse q . ) , $ 205,000,000, to remain available until expended, of w hich $ 3 1,507,000 shall be provided to initiate new site expansion activities, beyond land acquisition, consistent with the budget request
 * Provide

d ,T hat none of the funds provided for new site expansion activities may be obligated or expended for authori z ed activities until the Secretary has submitted a report to the Congress on the effects of expansion of the Reserve on the domestic petroleum mar k et, which is required to be submitted within 45 days of enactment of this Act. N ORT H EAST H OME HEATI N G O IL RESERVE For necessary expenses for Northeast Home Heating Oil Reserve storage, operation, and management activities pursuant to the Energy Policy and Conservation Act, $9, 8 00,000, 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 CLEANU P For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for non-defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $261,819,000, to remain available until expended: Provided, That the appropriation includes funds for environmental remediation activities associated with the Energy Technology and Engineering Center (ETEC) at the Santa Susana Field L aboratory (SSFL), sub j ect to the following: (1) the Department shall use a portion of this funding to enter into an interagency agreement with the Environmental Protection Agency (EPA) regarding a comprehensive radioactive site character- ization of Area I V of the SSFL and (2) the Department shall provide the amount required by EPA for the radioactive site characterization in fiscal year 2009 from within the available funds: Provided fu r th er, That of the amounts provided, $5,000,000 is avail- able for necessary expenses for the purpose of carrying out remedial actions under this title at real property in the vicinity of the Tuba City processing site designated in section 102(a)(1), of the Uranium M ill Tailings Radiation Control Act of 1978 (Public Law 95 – 604, as amended 42 U.S.C. 7901, et seq.), notwithstanding section 112 of that Act, at a dump site immediately adjacent to the north-northwest section of the Tuba City processing site, and Contrac t s.Rep orts. D ea dli ne.


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Page:United States Statutes at Large Volume 123.djvu/638

 123STA T .6 1 8PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9onthe no r th sid eo fH i g h way160:Provide d fu r th er ,T hat , of the a m o u nta p propriated in this paragraph, $4, 75 7,500 sha l l b e used for pro j e c ts specified in the table that appears under the heading ‘ ‘ C ongressionally D irected N on - Defense E n v ironmental Cleanup P rojects ’ ’ inthete x t and table under this heading in the explanatory statement described in section 4 ( in the matter preceding division A of this consolidated Act ).URANIUM ENRI CH M E N T DEC O NTAMINATION AN D DECOMMI S SIONIN GF UND For necessary expenses in carrying out uranium enrichment facility decontamination and decommissioning, remedial actions, and other activities of title I I of the Atomic Energy Act of 1 9 54, and title X , subtitle A, of the Energy Policy Act of 199 2, $5 3 5,503,000, to be derived from the Uranium Enrichment Decon- tamination and Decommissioning Fund, to remain available until expended, of which $10,000,000 shall be available in accordance with title X, subtitle A, of the Energy Policy Act of 1992. S CIENCE For Department of Energy expenses including the purchase, construction and ac q uisition of plant and capital equipment, and other expenses necessary for science activities in carrying out the purposes of the Department of Energy O rgani z ation 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 to exceed 49 passenger motor vehicles for replacement only, including one law enforcement vehicle, one ambulance, and three buses, $4,772,636,000, to remain available until expended: Provided, That, of the amount appro- priated in this paragraph, $93,6 8 6,593 shall be used for projects specified in the table that appears under the heading ‘‘Congression- ally Directed Science Projects’’ in the text and table under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). NUC L EAR W ASTE DIS P OSAL For nuclear waste disposal activities to carry out the purposes of the Nuclear Waste Policy Act of 1982, Public L aw 97 – 425, as amended (the ‘‘NWPA’’), including the acquisition of real property or facility construction or expansion, $145,390,000, to remain avail- able until expended, and to be derived from the Nuclear Waste Fund: Provided, That of the funds made available in this Act for Nuclear Waste Disposal, $5,000,000 shall be provided to the Office 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 Act: Provided further, That notwithstanding the lac k of a written agreement with the State of Nevada under section 117(c) of the NWPA, $1,000,000 shall be provided to Nye County, Nevada, for on-site oversight activities under section 117(d) of that Act: Provided further, That $9,000,000 shall be provided to affected units of local government, as defined in the NWPA, to conduct appropriate activities and participate in licensing activities: Provided further, That of the $9,000,000 Californ ia .Nev a d a.


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Page:United States Statutes at Large Volume 123.djvu/639

 123STA T .6 1 9PUBLIC LA W 111 –8—M A R .11, 2 0 09 provide d 7.5 per c e nt o f t h ef u nd s provided sh al l b e m ade available to affected units of local g overnment in C alifornia w ith the balance made available to affected units of local government in N evada for distribution as determined b y the Nevada units of local govern - ment
 * Provide

d fu r th er ,T hat this funding shall be provided to affected units of local government , as defined in the N WPA
 * Pro

- vided further, That $ 5 0 0,000 shall be provided to the Timbisha- S hoshone Tribe solely for e x penditures, other than salaries and expenses of tribal employees, to conduct appropriate activities and participate in licensing activities under section 1 1 8( b ) of the NWPA: Provided further, That notwithstanding the provisions of chapters 6 5 and 75 of title 3 1, U nited States Code, the D epartment shall have no monitoring, auditing or other oversight rights or respon- sibilities over amounts provided to affected units of local govern- ment: Provided further, That the funds for the State of Nevada shall be made available solely to the O ffice of the Attorney G eneral by direct payment and to units of local government by direct pay- ment: Provided further, That within 9 0 days of the completion of each F ederal fiscal year, the Office of the Attorney General of the State of Nevada 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 authori z ed by the NWPA and this Act: Provided fur- ther, That failure to provide such certification shall cause such entity to be prohibited from any further funding provided for similar activities: Provided further, That none of the funds herein appro- priated may be: (1) used directly or indirectly to influence legislative action, except for normal and recognized executive-legislative communications, on any matter pending before Congress or a State legislature or for lobbying activity as provided in 18 U.S.C. 1913 ( 2 ) used for litigation expenses; or (3) used to support multi-State efforts or other coalition building activities inconsistent with the restrictions contained in this Act: Provided further, That all pro- ceeds and recoveries realized by the Secretary in carrying out activities authorized by the NWPA, including but not limited to, any proceeds from the sale of assets, shall be available without further appropriation and shall remain available until expended: Provided further, That no funds provided in this Act or any previous Act may be used to pursue repayment or collection of funds provided in any fiscal year to affected units of local government for oversight activities that had been previously approved by the Department of Energy, or to withhold payment of any such funds: Provided further, That, of the amount appropriated in this paragraph, $1,855, 4 25 shall be used for pro j ects specified in the table that appears under the heading ‘ ‘Congressionally Directed Nuclear Waste Disposal Projects ’ ’ in the text and table under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). T ITLE 17 IN N OVA TIVE TE CH NOLO GYL OAN G U A R ANTEE PROGRA M Subject to section 502 of the Congressional B udget Act of 1974, commitments to guarantee loans under title XV II of the Energy Policy Act of 2005, shall not exceed a total principal amount of $47,000,000,000 for eligible projects, to remain available until com- mitted, and of which $18,500,000,000 shall be for nuclear power facilities: Provided, That these amounts are in addition to the Lob b ying.Deadl ine. C e rt i f i c ation. N ati v e Am erican s .


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Page:United States Statutes at Large Volume 123.djvu/640

 123STA T .6 2 0PUBLIC LA W 111 –8—M A R .11, 200 9authori t yp ro v i de du n der s e c tion 203 20o fD ivision B of P u bl ic L a w1 0 9– 2 8 9, asa m ended by Public Law 110– 5:Provide d fu r th er ,T hat such sums as are derived from amounts received from bor - rowers pursuant to section 1 7 02 ( b ) (2) of the E ner g y Policy A ct of 2005 under this heading in this and prior Acts, shall be collected in accordance with section 502(7) of the C ongressional Budget Act of 197 4
 * Provided further, That the source of such payment received

from borrowers is not a loan or other debt obligation that is guaran- teed by the F ederal G overnment: Provided further, That pursuant to section 1702(b)(2) of the Energy Policy Act of 2005, no appropria- tions are available to pay the subsidy cost of such guarantees: Provided further, That for necessary administrative e x penses to carry out this Loan Guarantee program, $ 19,880,000 is appro- priated, to remain available until expended: Provided further, That $19,880,000 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 2009 appropriations from the general fund estimated at not more than $0: Provided further, That none of the funds made available in this Act shall be available for the execution of a new solicitation with respect to such guaranteed loans until 30 days after the Department of Energy has submitted to the Commit- tees on Appropriations of the H ouse of R epresentatives and the S enate a loan guarantee implementation plan that defines the proposed award levels and eligible technologies: Provided further, That none of the loan guarantee authority made available in this Act shall be available for commitments to guarantee loans for any pro j ects where funds, personnel, or property (tangible or intan- gible) of any Federal agency, instrumentality, personnel or affiliated entity are expected to be used (directly or indirectly) through ac q uisitions, contracts, demonstrations, exchanges, grants, incen- tives, leases, procurements, sales, other transaction authority, or other arrangements, to support the project or to obtain goods or services from the project: Provided further, That the previous pro- viso shall not be interpreted as precluding the use of the loan guarantee authority in this Act for commitments to guarantee loans for projects as a result of such projects benefiting from (a) otherwise allowable Federal income tax benefits (b) being located on Federal land pursuant to a lease or right-of-way agreement for which all consideration for all uses is (i) paid exclusively in cash, (ii) deposited in the Treasury as offsetting receipts, and (iii) equal to the fair mar k et value as determined by the head of the relevant Federal agency; (c) Federal insurance programs, including Price-Anderson; or (d) for electric generation projects, use of transmission facilities owned or operated by a Federal Power M arketing Administration or the Tennessee V alley Authority that have been authori z ed, approved, and financed independent of the project receiving the guarantee: Provided further, That none of the loan guarantee authority made available in this Act shall be available for any project unless the Director of the O ffice of Management and Budget has certified in advance in writing that the loan guarantee and the project comply with the provisions under this title .Certif i ca ti on.E ffecti v e d ate. Impl ementation plan.


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Page:United States Statutes at Large Volume 123.djvu/641

 123STA T .6 21 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9DEPARTM E N TA LAD M I NI S TRATI O N ( IN C L U DIN G TRANS F ER OF FUNDS )Forsal ar ie sa nd e xp enses o fth e Depart m ent of E ner gy ne c- essary for departmental administration in carrying o u t the purposes of the Department of Energy O rgani z ation Act (42U.S . C . 710 1 et se q . ), including the hire of passenger motor v ehicles and official reception and representation expenses not to exceed $3 0,000, $272, 6 43,000, to remain availa b le until expended, plus such addi- tional amounts as necessary to cover increases in the estimated amount of cost of w or k for others notwithstanding the provisions of the Anti-Deficiency Act (31 U.S.C. 1 5 11 et seq.)
 * Provide

d, T hat such increases in cost of work are offset by revenue increases of the same or greater amount, to remain available until expended: Provided fu r th er, That moneys received by the Department for miscellaneous revenues estimated to total $117,317,000 in fiscal year 200 9 may be retained and used for operating expenses within this account, and may remain available until expended, as author- ized 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 2009, and any related appropriated receipt account balances remaining from prior years ’ miscellaneous reve- nues, so as to result in a final fiscal year 2009 appropriation from the general fund estimated at not more than $155,326,000. OFFICE OF T H E I NSPECTOR G ENERAL For necessary expenses of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $51,927,000, to remain available until expended. ATO M ICE N E R G Y DEFENSE ACTI V ITIES NATIONAL NUCLEAR SECURIT Y 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 two passenger motor vehicles, and one ambulance $6,380,000,000, to remain available until expended: Provided, That $19,300,000 is authorized to be appropriated for the 09–D–007 LANSCE Refurbishment, PED, Los Alamos National Laboratory, Los Alamos, New Mexico: Provided further , That, of the amount appropriated in this paragraph, $22,836,000 shall be used for pro j ects specified in the table that appears under the heading ‘ ‘Congressionally Directed Weapons Activities Projects’’ in the text and table under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).


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Page:United States Statutes at Large Volume 123.djvu/642

 123STA T .6 22 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9DEF E NS E NUCL E AR N O N P ROL I FERA T ION For D epa r tm e n to fE ner 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 incidental expenses necessary for defense nuclear non - proliferation acti v ities, in carrying out the purposes of the Depart- ment of Energy O rgani z ation A ct (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, and the purchase of not to exceed one passenger motor vehicle for replacement only, $ 1,4 8 2, 35 0,000, to remain availa b le until expended
 * Provide

d ,T hat, of the amount appropriated in this para- graph, $1, 9 03,000 shall be used for pro j ects specified under the heading ‘ ‘Congressionally Directed Defense Nuclear Nonprolifera- tion P rojects ’ ’ in the text and table under this heading in the explanatory statement described in section 4 (in the matter pre- ceding division A of this consolidated Act). NA V AL R EACTORS For 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, $828,054,000, to remain available until expended. OFFICE OF T H EA DM INISTRATOR 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, $439,190,000, to remain available until expended: Provided, That, of the amount appropriated in this paragraph, $23,311,750 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 text and table under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). EN VI RON M ENTA L AND OT H ER DEFENSE ACTIVITIES DEFENSE ENVIRONMENTAL CLEANUP ( INCLUDIN G 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, 6 57,250,000, 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


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Page:United States Statutes at Large Volume 123.djvu/643

 123STA T .6 23 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9par a g rap h,$17 , 908, 3 91 s ha l l beu se dfo r pro j e ct s spec i fied i n the table that appears under the heading ‘ ‘ C ongressionall yD irected Defense E n v iron m ental Cleanup P rojects ’ ’ inthete x t and table under this heading in the explanatory statement described in sec - tion 4( in the matter preceding division A of this consolidated Act ).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 (4 2U . S .C. 7101 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 10 passenger motor vehicles for replacement only, $1,314,0 6 3,000, to remain available until expended
 * Provide

d ,T hat of the funds provided herein, $487,008,000 is for project 99 – D–143 M ixed Oxide Fuel Fabrication Facility, Savannah R iver Site, South Carolina: Provided fu r th er, That the Department of Energy adhere strictly to Depart- ment of Energy Order 413.3A for Project 99–D–143: Provided fur - ther, That, of the amount appropriated in this paragraph, $999,07 5 shall be used for projects specified in the table that appears under the heading ‘‘Congressionally Directed Other Defense Activities Projects’’ in the text and table under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated 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 97–425, as amended, including the acquisition of real property or facility construction or expansion, $143,000,000, to remain available until expended. POWER MAR 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 official reception and representation expenses in an amount not to exceed $1,500. During fiscal year 2009, 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 mar k eting 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, $7,420,000, to remain available until expended: Provided, That, notwithstanding 31 U.S.C. 3302, up to $49,520,000 collected by the Southeastern Power Administration pursuant to the Flood Control Act of 1944 to recover


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 123STA T .6 2 4PUBLIC LA W 111 –8—M A R .11, 2 0 0 9purchase p ow era nd whee li n g e x penses shall b e credi t ed to this account as o f fsetting collections , to re m ain a v ailable until expended for the sole purpose of ma k ing purchase power and wheeling expenditures .OPERATION AN DM AINTENAN C E, S O U T HW E S TERN P OWER A D M INISTRATION F or necessar y expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy, for construction and ac q uisition of transmission lines, substations and appurtenant facilities, and for administrative expenses, including official reception and representation expenses in an amount not to exceed $1, 50 0 in carrying out section 5 of the Flood C ontrol Act of 1 94 4 ( 1 6U .S.C. 82 5s ) , as applied to the Southwestern Power Administration, $28,414,000, to remain available until expended
 * Provide

d, T hat, notwithstanding 3 1 U.S.C. 3302, up to $35,000,000 collected by the Southwestern Power Administration pursuant to the Flood Control Act of 1944 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expendi - tures. CONSTRUCTION, R EHA B I L ITATION, OPERATION AND MAINTENANCE, W ESTERN AREA POWER ADMINISTRATION For carrying out the functions authori z ed by title I II, section 302(a)(1)( E ) of theActofAugust4,19 7 7 (42 U.S.C. 7152), and other related activities including conservation and renewable resources programs as authorized, including official reception and representation expenses in an amount not to exceed $1,500 $218,346,000, to remain available until expended, of which $208,642,000 shall be derived from the D epartment of the Interior Reclamation Fund: Provided, That of the amount herein appro- priated, $7,342,000 is for deposit into the Utah Reclamation Mitiga- tion and Conservation Account pursuant to title I V of the Reclama- tion Pro j ects Authorization and Adjustment Act of 1992: Provided fu r th er, That notwithstanding the provision of 31 U.S.C. 3302, up to $403,118,000 collected by the Western Area Power Adminis- tration pursuant to the Flood Control Act of 1944 and the Reclama- tion Project Act of 1939 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures. 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, $2,959,000, 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 423 of the Foreign Relations Authorization Act, Fiscal Y ears 1994 and 1995.


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Page:United States Statutes at Large Volume 123.djvu/645

 123STA T .6 2 5PUBLIC LA W 111 –8—M A R .11, 2 0 0 9FED E RALEN ER GYR EG U LA TO RY C O M M IS SION SALARIES AND E XP ENSES F ornec e s s a r y e xp enses o fth eFe d era l Ener g y Reg u latory Co m m i ssion to carry out the pro v isions of the D epartment of Energy O rgani z ation A ct (42U.S .C. 710 1etse q . ), including services as authorized b y 5 U.S.C. 3 10 9, the hire of passenger motor vehicles, and official reception and representation expenses not to exceed $ 3,000, $273,400,000, to remain available until expended
 * Provide

d, T hat not w ithstanding any other provision of law, not to exceed $273,400,000 of revenues from fees and annual charges, and other services and collections in fiscal year 2009 shall be retained and used for necessary expenses in this account, and shall remain available until expended: Provided fu r th er, That the sum herein appropriated from the general fund shall be reduced as revenues are received during fiscal year 2009 so as to result in a final fiscal year 2009 appropriation from the general fund estimated at not more than $0. G E N ERA LP RO VI SIONS — DEPART M ENT OF ENERG Y SE C . 301. CONTRACT COMPETITION. (a) None of the funds in this or any other appropriations Act for fiscal year 2009 or any previous fiscal year may be used to ma k e payments for a non - competitive management and operating contract, or a contract for environmental remediation or waste management in excess of $100,000,000 in annual funding at a current or former management and operating contract site or facility, or to award a significant extension or expansion to an existing management and operating contract, or other contract covered by this section, unless such contract is awarded using competitive procedures or the Secretary of Energy grants, on a case-by-case basis, a waiver to allow for such a deviation. The Secretary may not delegate the authority to grant such a waiver. (b) W ithin 30 days of formally notifying an incumbent con- tractor that the Secretary intends to grant such a waiver, the Secretary shall submit to the Subcommittees on Energy and Water Development of the Committees on Appropriations of the H ouse of Representatives and the Senate a report notifying the Subcommit- tees of the waiver and setting forth, in specificity, the substantive reasons why the Secretary believes the requirement for competition should be waived for this particular award. (c) In this section the term ‘ ‘competitive procedures ’ ’ has the meaning provided in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403) and includes procedures described in section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253) other than a procedure that solicits a proposal from only one source. SEC. 302. UN F UNDED RE Q UESTS FOR PROPOSALS. 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. 303. DEPARTMENT OF ENERGY DEFENSE NUCLEAR FACILI- TIES WOR K FORCE RESTRUCTURING. 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 Deadlin e .Not i f i c ation. R e p o r t s . W ai v era u t h orit y . 42USC71 71 note.


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 123STA T .6 26 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9com m unityas sistanc egr ants un d er section 460 4o f t h e A tomic E nergy D efense Act (5 0 U.S . C . 27 04 ) un l ess the De p artment of Energy su b mits a reprogramming re q uest to the appropriate congressional committees or (2) to pro v ide enhanced severance payments or other bene - fits for employees of the Department of Energy under such section; or ( 3 ) develop or implement a w or k force restructuring plan that covers employees of the Department of Energy. S EC . 304. U N E XP EN D ED BAL ANCE S . T he une x pended balances of prior appropriations provided for activities in this Act may be available to the same appropriation accounts for such activities established pursuant to this title. Available balances may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund for the same time period as originally enacted. SEC. 305. B O NNE VI LLE P O W E R A UTH ORIT Y SERVICE TERRITORY. N one of the funds in this or any other Act for the Administrator of the Bonneville Power Administration may be used to enter into any agreement to perform energy efficiency services outside the legally defined Bonneville service territory , with the exception of services provided internationally, including services provided on a reimbursable basis, unless the Administrator certifies in advance that such services are not available from private sector businesses. SEC. 306. USER F ACILITIES. 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 equipment in a user facility or a proposed user facility, the Department shall ensure broad public notice of such availability or such need for input to univer- sities and other potential users. When the Department of Energy considers the participation of a university or other potential user as a formal partner in the establishment or operation of a user facility, the Department shall employ full and open competition in selecting such a partner. For purposes of this section, the term ‘ ‘user facility ’ ’ includes, but is not limited to ( 1 ) a user facility as described in section 2203(a)(2) of the Energy Policy Act of 1 9 92 (42 U.S.C. 13503(a)(2)); (2) a National Nuclear Security Administra- tion Defense Programs Technology Deployment Center / User Facility; and (3) any other Departmental facility designated by the Department as a user facility. SEC. 307. I NTELLI G ENCE ACTIVITIES. 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 1947 (50 U.S.C. 414) during fiscal year 2009 until the enactment of the Intelligence Authorization Act for fiscal year 2009. SEC. 30 8 . L A B ORATORY DIRECTED R ESEARCH AND DEVELOP M ENT. O f the funds made available by the Department of Energy for activities at government-owned, contractor-operated laboratories funded in this Act or subsequent Energy and Water Development Appropriations Acts, the Secretary may authorize a specific amount, not to exceed 8 percent of such funds, to be used by such laboratories for laboratory directed research and development: 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 50USC2791a.Public i nform a t ion. C e rtification.


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 123STA T .6 2 7PUBLIC LA W 111 –8—M A R .11, 2 0 0 9acover e dnu c l ear w ea p on s produc ti on plant or t h e m ana g ero f the N evada S ite O ffice for plant or site directed research and development
 * Provide

d fu r th er ,T hat notwithstanding D epartment of E nerg y order 413.2A, dated J anuary 8 ,2 0 01, b eginning in fiscal year 200 6 and thereafter, all DOE laboratories may be eligible for laboratory directed research and development funding. S EC .30 9 . R E LIAB LE RE P LACE M E NTW A RH EA D . None of the funds provided in this Act shall be available for the Reliable Replacement Warhead ( RRW ) . SEC. 310. G ENERAL P LANT PR OJ ECT S . Plant or construction pro j ects for which amounts are made available under this and subse q uent appropriation Acts with a current estimated cost of less than $ 10,000,000 are considered for purposes of section 4 7 03 of Public L aw 107 – 314 as a plant project for which the approved total estimated cost does not e x ceed the minor construction threshold and for purposes of section 4704 of Public Law 107– 314 as a construction project with a current estimated cost of less than a minor construction threshold. SEC. 311. ENER GY PROD U CTION. The Secretary of Energy shall provide funding to the National Academy of Sciences to conduct an inventory of the energy development potential on all lands currently managed by the Department of Energy together with a report, to be submitted not later than July 1, 2009, which includes (1) a detailed analysis of all such resources including oil, gas, coal, solar, wind, geothermal and other renewable resources on such lands, (2) a delineation of the resources presently available for development as well as those potentially available in the future, and (3) an analysis of the environmental impacts associated with any future development including actions necessary to mitigate negative impacts. SEC. 312. RENO H YDROGEN F UEL PROJECT. (a) The non - Federal share of project costs shall be 20 percent. (b) The cost of project vehicles, related facilities, and other activities funded from the Federal Transit Administration sections 5 307, 5308, 5309, and 5314 program, including the non-Federal share for the FTA funds, is an eligible component of the non- Federal share for this project. (c) C ontribution of the non-Federal share of project costs for all grants made for this project may be deferred until the entire project is completed. (d) All operations and maintenance costs associated with vehicles, equipment, and facilities utili z ed for this project are eligible project costs. (e) This section applies to project appropriations beginning in fiscal year 2004. SEC. 313. I NTEGRATED U NI V ERSITY PROGRAM. (a) The Secretary of Energy, along with the Administrator of the National Nuclear Security Administration and the Chairman of the Nuclear Regu- latory Commission, shall establish an Integrated University Pro- gram. (b) For the purposes of carrying out this section, $45,000,000 is authorized to be appropriated in each of fiscal years 2009 to 2019 as follows: (1) $15,000,000 for the Department of Energy (2) $15,000,000 for the Nuclear Regulatory Commission; and 42USC16 2 7 4 a.Ap p lic a b ili ty . Inve nt or y. R eport s . D ea d line. 50 USC 274 3 a.


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 123STA T .6 2 8PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9(3)$15,0 00,000 fortheNa t i o n a l N uc lear S ecurit yAdm ini s- tration . (c) O f the amounts authori z ed to carry out this section, $10,000,000 shall b e used by each or g anization to su p port uni v ersity research and development in areas relevant to their respective organization ’ s mission, and $5,000,000 shall be used by each organization to support a j ointly implemented Nuclear Science and E ngineering G rant P rogram that w ill support multiyear research projects that do not align with programmatic missions but are critical to maintaining the discipline of nuclear science and engineering. TI T L EI V IN D EPENDENT AGEN C IES A P P AL A CHI A NREG I O NAL CO M MI S SION F ore x penses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1 96 5, as amended, notwithstanding 4 0 U .S.C. 14 7 04, and, for necessary expenses for the Federal Co-Chairman and the Alternate on the Appalachian Regional Commission, for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, $75,000,000, to remain available until expended
 * Provide

d, That any congressionally directed spending shall be ta k en from within that State’s allocation in the fiscal year in which it is provided. DE F ENSE N U CLEA R FACILI T IES SAFET YB OAR D SALARIES AND E X PENSES For necessary expenses of the Defense Nuclear Facilities Safety Board in carrying out activities authorized by the Atomic Energy Act of 1954, as amended by Public Law 100 – 456, section 1441, $ 2 5,000,000, to remain available until expended. DELTA REGIONAL AUTHORITY SALARIES AND EXPENSES For necessary expenses of the Delta Regional Authority and to carry out its activities, as authorized by the Delta Regional Authority Act of 2000, as amended, notwithstanding sections 3 8 2C(b)(2), 382F(d), 382 M , and 382N of said Act, $13,000,000, to remain available until expended. DENALI COMMISSION For expenses of the Denali Commission including the purchase, construction, and ac q uisition of plant and capital equipment as necessary and other expenses, $11,800,000, to remain available until expended, notwithstanding the limitations contained in section 306(g) of the Denali Commission Act of 1998.


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 123STA T .6 2 9PUBLIC LA W 111 –8—M A R .11, 2 0 09 NUCLEARR E G ULA TO R YC O M M IS SIO N SALARIES AN D E XP ENSES Fornec e s s a r y e xp enses o fth eCo m m i ssion in carryin g o u t the purposes of the E nergy Reorgani z ation A ct of 1974, as amen d ed, and the Atomic Energy Act of 19 5 4, as amended, inc l uding official representation expenses ( not to exceed $2 5, 0 00 ) , $1,0 3 4, 6 56,000, to remain a v aila b le until expended
 * Provide

d, T hat of the amount appropriated herein, $49,000,000 shall be derived from the Nuclear W aste Fund: Provided fu r th er, That revenues from licensing fees, inspection services, and other services and collections estimated at$ 8 60,857,000 in fiscal year 2009 shall be retained and used for necessary salaries and expenses in this account, not w ithstanding 31 U.S .C. 3302, and shall remain available until expended: Provided further, That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2009 so as to result in a final fiscal year 2009 appropriation estimated at not more than $173,799,000: Provided further, That such funds as are made available for necessary expenses of the Commission by this Act or any other Act may be used for the ac q uisition and lease of additional office space provided by the G eneral Services Administration for personnel of the U.S. Nuclear Regulatory Commission as close as reasonably possible to the Commission ’ s headquarters location in Roc k ville, M aryland, and of such square footage and for such lease term, as are determined by the Commis - sion to be necessary to maintain the agency’s regulatory effective- ness, efficiency, and emergency response capability: Provided fur - ther, That notwithstanding any other provision of law or any pre- vailing practice, the acquisition and lease of space for such purpose shall, to the extent necessary to obtain the space, be based on the prevailing rates in the immediate vicinity of the Commission’s headquarters. O F FICE OF INSPECTOR GENERAL For necessary expenses of the O ffice of I nspector General in carrying out the provisions of the Inspector General Act of 1978, $10,860,000, to remain available until expended: Provided , That revenues from licensing fees, inspection services, and other services and collections estimated at $9,774,000 in fiscal year 2009 shall be retained and be available until expended, for necessary salaries and expenses in this account, notwithstanding 31 U.S.C. 3302: Provided further, That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2009 so as to result in a final fiscal year 2009 appropriation estimated at not more than $1,086,000. NUCLEAR WASTE TEC H NICAL RE V IE WB OARD SALARIES AND EXPENSES For necessary expenses of the Nuclear Waste Technical Review Board, as authorized by P ublic L aw 100 – 203, section 5051, $3,811,000, to be derived from the Nuclear Waste Fund, and to remain available until expended.


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Page:United States Statutes at Large Volume 123.djvu/650

 123STA T .6 3 0PUBLIC LA W 111 –8—M A R .11, 200 9OF F ICEO F TH E F E D E RALC OORDI N ATOR FOR A LA SK A N AT U RAL G AS T RANS P ORTATION P RO J ECTS F ornec e s s a r y e xp enses f or th e Off i ceoftheFe d era l Coordinator for Alas k a Nat u ral Gas Transportation Pro j ects pursuant to the Alaska Natural Gas Pipeline Act of 20 0 4,$ 4,400,000
 * Provide

d , That any fees, char g es, or co m missions recei v ed pursuant to section 8 02ofPu b lic L a w1 10 – 140 in fiscal year 200 9 in excess of $4, 6 60,000 shall not be available for obligation until appropriated in a subse q uent Act of Congress . T I TL EV GENE R AL PROVI S IONS SEC. 5 01. None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to M embers of Congress as described in 18 U .S.C. 191 3 . SEC. 502. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in this Act or any other appropria - tion Act. This division may be cited as the ‘ ‘Energy and W ater D evelop- ment and Related Agencies Appropriations Act, 2009 ’ ’. DIVISION D — FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2009 TITLE I DEPARTMENT OF T H E TREASUR Y DEPART M ENTAL OFFICES SALARIES AND E X PENSES ( INCLUDIN G TRANSFER OF FUNDS ) For necessary expenses of the Departmental Offices including operation and maintenance of the Treasury B uilding and Annex hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial insurance policies for, real properties leased or owned overseas, when necessary for the performance of official business, $2 7 8,870,000, of which not to exceed $21,619,000 is for executive direction program activities; not to exceed $45,910,000 is for economic policies and programs activities; not to exceed $36,039,000 is for financial policies and programs activities; not to exceed $62,098,000 is for terrorism and financial intelligence activities; not to exceed $21,600,000 is for Treasury-wide management policies and programs activities; and not to exceed $91,604,000 is for administration programs activities: Provided, That the Secretary of the Treasury is authori z ed to transfer funds appropriated for any program activity of the Depart- mental Offices to any other program activity of the Departmental Offices upon notification to the House and Senate Committees on Notif i ca tio n.F inancia lServ ice s an dG eneral Govern m ent Ap propriations Act ,20 0 9 . D epartment of t h e T reas u r y Appropriations Act, 2009. L o b byin g .


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 123STA T .6 31 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9Ap p ro pr iat io ns:Provide d fu r th er ,Th at no appropriation f or an y pro g ra m a c ti v ity sha l l be increase d or decreased by more than 4 percent by all s u ch transfers: Provided further, That any change in funding greater than 4 percent shall be submitted for approval to the H ouse and S enate C ommittees on Appropriations: Provided further, That of the amount appropriated under this heading, not toe x ceed $3, 0 00,000, to remain available until September 30, 2 0 1 0, is for information technology moderni z ation re q uirements not to exceed $200,000 is for official reception and representation expenses; and not to exceed $2 58 ,000 is for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Secretary of the Treasury and to be accounted for solely on his certificate: Provided further, That of the amount appropriated under this heading, $5,232,443, to remain available until September 30, 2010, is for the Treasury -w ide F inancial State- ment Audit and I nternal Control P rogram, of which such amounts as may be necessary may be transferred to accounts of the D epart- ment ’ s offices and bureaus to conduct audits: Provided further, That this transfer authority shall be in addition to any other provided in this Act: Provided further, That of the amount appro- priated under this heading, $500,000, to remain available until September 30, 2010, is for secure space requirements: Provided further, That of the amount appropriated under this heading, $1,100,000, to remain available until September 30, 2010, is for salary and benefits for hiring of personnel whose wor k will require completion of a security clearance investigation in order to perform highly classified work to further the activities of the O ffice of Terrorism and Financial Intelligence: Provided further, That of the amount appropriated under this heading, $3,400,000, to remain available until September 30, 2011, is to develop and implement programs within the Office of Critical Infrastructure Protection and Compliance Policy, including entering into cooperative agree- ments: Provided further, That of the amount appropriated under this heading $3,000,000 to remain available until September 30, 2011, is for modernizing the Office of Debt M anagement’s informa- tion technology .DEPARTM E N T- WI DE SY STEMS AND C APITA L IN V ESTMENTS PR OG RAMS ( INCL U DING TRANS F ER OF FUNDS ) For development and acquisition of automatic data processing equipment, software, and services for the Department of the Treasury, $2 6, 97 5,000, to remain available until September 30, 2011: Provided, That $11,518,000 is for repairs to the Treasury Annex B uilding: Provided further, That these funds shall be trans- ferred to accounts and in amounts as necessary to satisfy the requirements of the Department’s offices, bureaus, and other organizations: Provided further, That this transfer authority shall be in addition to any other transfer authority provided in this Act: Provided further, That none of the funds appropriated under this heading shall be used to support or supplement ‘ ‘Internal R evenue Service, Operations Support’’ or ‘‘Internal Revenue Service, Business Systems Modernization’’.


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 123STA T .6 32 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9OF F ICE OFI NSP EC T O RG ENER AL SALARIES AN D E X PENSES Fornec e s s a r y e xp enses o fth e O ff i ce of I nspector G enera l in carryin g o u t the pro v isions of the Inspector General A ct of 1978, not to excee d$2 , 0 00,000 for official travel expenses, including hire of passenger m otor vehicles and not to exceed $100,000 for unfore - seen emergencies of a confidential nature, to b e allocated and expended under the direction of the Inspector General of the T reasury, $2 6 ,12 5 ,000, of w hich not to exceed $2,500 shall be avail- able for official reception and representation expenses . TREAS U R Y INSPECTOR GENERAL FOR TAX AD M INISTRATION SALARIES AND EXPENSES For necessary expenses of the Treasury Inspector General for Tax Administration in carrying out the Inspector General Act of 1978, including purchase ( not to exceed 150 for replacement only for police-type use ) and hire of passenger motor vehicles ( 3 1 U . S . C . 13 4 3(b)); services authori z ed by 5 U.S.C. 3109, at such rates as may be determined by the Inspector General for Tax Administra- tion; $146,083,000, of which not to exceed $6,000,000 shall be avail- able for official travel expenses; of which not to exceed $500,000 shall be available for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Inspector General for Tax Administration; and of which not to exceed $1,500 shall be available for official reception and represen- tation expenses. FINANCIAL CRIMES E NFORCEMENT N ET W OR K SALARIES AND EXPENSES For necessary expenses of the Financial Crimes Enforcement Networ k , including hire of passenger motor vehicles; travel and training expenses of non-Federal and foreign government personnel to attend meetings and training concerned with domestic and for- eign financial intelligence activities, law enforcement, and financial regulation; not to exceed $14,000 for official reception and represen- tation expenses; and for assistance to Federal law enforcement agencies, with or without reimbursement, $91,465,000, of which not to exceed $16,340,000 shall remain available until September 30, 2011; and of which $9,178,000 shall remain available until September 30, 2010
 * Provide

d, That funds appropriated in this account may be used to procure personal services contracts. TREASURY FORFEITURE FUND ( RESCISSION ) Of the unobligated balances available under this heading, $30,000,000 are rescinded.