S.3635 - Energy and Water Development and Related Agencies Appropriations Act, 2011111th Congress (2009-2010)

Summary: S.3635 — 111th Congress (2009-2010)All Information (Except Text)

Shown Here:
Reported to Senate without amendment (07/22/2010)

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Energy and Water Development and Related Agencies Appropriations Act, 2011 - Makes appropriations for energy and water development and related agencies for FY2011.

Title I: Corps of Engineers-Civil - Makes appropriations for FY2011 to the Department of the Army, Corps of Engineers-Civil, for: (1) civil functions pertaining to rivers and harbors, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration (including the Mississippi River alluvial valley below Cape Girardeau, Missouri); (2) the regulatory program pertaining to navigable waters and wetlands; (3) the formerly utilized sites remedial action program for cleanup of early atomic energy program contamination; (4) flood control and coastal emergencies; and (5) the Office of Assistant Secretary of the Army (Civil Works).

(Sec. 102) Prohibits the use of funds: (1) for competitive sourcing actions under OMB Circular A-76 or High Performing Organizations for the U.S. Army Corps of Engineers; or (2) for additional funding from the Inland Waterways Trust Fund until a long-term mechanism is enacted to enhance sufficient revenues to meet specified cost-sharing.

(Sec. 104) Requires the Assistant Secretary of the Army (Civil Works) to submit to certain congressional committees any Chief of Engineers Report on a water resource matter within 90 days of its issuance.

(Sec. 105) Directs the Secretary of the Army (Secretary in this title) to implement measures recommended in a certain efficacy study, or provided in interim reports, to prevent aquatic nuisance species from: (1) bypassing the Chicago Sanitary and Ship Canal Dispersal Barrier Project; and (2) dispersing into the Great Lakes by way of any other hydrologic connections between the Great Lakes and the Mississippi River.

(Sec. 106) Withdraws authorization for a specified portion of the navigation project for Block Island Harbor of Refuge, Rhode Island, as adopted by the Rivers and Harbors Act of July 11, 1870.

(Sec. 107) Amends the Water Resources Development Act of 1999 to: (1) redefine rural Utah to include portions of Utah County and Weber Counties located outside of a political subdivision, the population of which is greater than 10,000 residents; and (2) increase authorization of appropriations for environmental assistance to non-federal interests in rural Nevada from $150 million to $200 million.

(Sec. 109) Authorizes the Secretary, using the Revolving Fund, to: (1) acquire any real property and associated real property interests in the vicinity of Hanover, New Hampshire, for the Engineer Research and Development Center laboratory facilities at the Cold Regions Research and Engineering Laboratory; and (2) construct a Ship/Tow Simulator building, an Engineer Research and Development Center headquarters building, and a Modular Hydraulic Flume building, and make other related purchases and specified improvements to the Center's installations and facilities.

(Sec. 111) Amends the Water Resources Development Act, 2007, to increase the authorization for the project for ecosystem restoration and flood damage reduction at Western Sarpy and Clear Creek Nebraska, to $38.8 million with an estimated federal cost of $25.22 million and an estimated non-federal cost of $13.58 million.

(Sec. 112) Expands the boundaries of the Des Moines Recreational River and Greenbelt, Iowa, project to include the entirety of specified sections 19 and 29.

(Sec. 113) Withdraws the authorization for a certain portion of a navigation project, Chicago Harbor, Illinois.

(Sec. 114) Directs the Secretary to assume responsibility for the long-term maintenance and repair of the major flood damage reduction features constructed by the Corps of Engineers at Devils Lake, North Dakota.

Confers responsibility upon the city of Devils Lake, North Dakota, for all operation and maintenance costs other than those defined as Long-Term Maintenance and Repair.

(Sec. 115) Amends the Consolidated Appropriations Act, 2005, as amended by the Water Resources Development Act of 2007, to authorize the Secretary to grant the city of Tuscaloosa (Alabama) a long term lease or license agreement for any portion of specified land ("the Parcel") not required for construction of a new administrative facility for the Black Warrior-Tombigbee Rivers, Alabama, project until the city is prepared to take fee simple title.

(Sec. 116) Amends the Water Resources Development Act of 1996, with respect to the Passaic River Basin (New Jersey) project, to require the Secretary and the nonfederal sponsor to hold any lands individually acquired by the Secretary for flood protection and flood management in the Basin as tenants in common. Requires the Secretary subsequently to transfer to the nonfederal sponsor by quitclaim deed any interest held by the Secretary in such lands for specified consideration. Specifies the source of funds for acquiring such lands.

(Sec. 117) States that the federal share of the cost of certain environmental infrastructure assistance shall be 55% of the total costs.

(Sec. 118) Sets forth conditions for an exchange of specified federal and nonfederal lands between Ameren U.E. and the United States.

Title II: Department of the Interior - Makes appropriations for FY2011 to the Department of the Interior for: (1) the Central Utah Project; and (2) the Bureau of Reclamation, including water and related natural resources, the Central Valley Project Restoration Fund, and the California Bay-Delta Restoration.

(Sec. 202) Prohibits the use of funds to determine the final point of discharge for the interceptor drain for the San Luis Unit until the Secretary of the Interior (the Secretary under this title) and the state of California develop a plan to minimize any detrimental effect of the San Luis drainage waters.

Instructs the Secretary to classify the costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley Drainage Program 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 a specified report.

(Sec. 203) Prohibits the use of funds to pay the salaries and expenses of personnel to purchase or lease water in the Middle Rio Grande or the Carlsbad Projects in New Mexico, except in compliance with specified purchase requirements.

(Sec. 204) Declares that funds under this title for Drought Emergency Assistance shall be made available primarily for leasing of water for specified drought-related purposes from willing lessors, in compliance with existing state laws and administered under state water priority allocation.

(Sec. 205) Amends the Water Resources Development Act of 2000 to increase to $30 million the appropriations for the Las Vegas Wash Wetlands restoration and Lake Mead improvement project (Nevada).

(Sec. 206) Directs the Secretary to allocate specified funds to: (1) the Bureau of Indian Affairs for participation by the Walker River Paiute Tribe in the settlement of surface water rights in the Walker River Basin (Nevada); (2) the Federal Water Master of the Walker River, Nevada, for water monitoring and measurement improvement in the Walker River Basin; (3) the Environmental Protection Agency (EPA) for the Anaconda Mine site in Lyon County, Nevada; (4) the state of Nevada, the state of California, the Truckee Meadows Water Authority, the Pyramid Lake Paiute Tribe, and the Federal Water Master of the Truckee River to implement the Truckee-Carson-Pyramid Lake Water Rights Settlement Act; (5) the city of Fernley, Nevada, and the Pyramid Lake Paiute Tribe for joint planning and development activities for water, wastewater, and sewer facilities; and (6) other specified recipients.

Amends the Energy and Water Development and Related Agencies Appropriations Act, 2010 to direct the Secretary to: (1) increase funding for the Walker Lake Basin Restoration Program, including activities that enhance recovery of the federally threatened Lahontan cutthroat trout; and (2) allocate $15 million to preserve Walker Lake while protecting agricultural, environmental, and habitat interest in the Walker River Basin, as determined by the National Fish and Wildlife Foundation.

Amends the Consolidated Appropriations Act, 2008, to repeal funding for: (1) the Derby Dam fish screen; and (2) acquisition of up to four small hydroelectric power plants from the Sierra Pacific Power Company to improve water allocation and fish passage in the Truckee River.

Changes from Northern Washoe County, Nevada, to Humboldt County, Nevada, the location of Summit Lake with respect to the restoration and environmental protection efforts for which the Secretary has been required to allocate $1 million to the Summit Lake Paiute Tribe.

Authorizes the the Commissioner of Reclamation to retain sufficient amounts from allocated funds to administer all financial assistance agreements under the Desert Terminal Lakes program.

(Sec. 207) Authorizes the Secretary to extend a certain water services contract between the United States and the East Bench Irrigation District until the earlier of: (1) the date that is two years after the date on which the contract would have expired if this Act had not been enacted; or (2) the date on which a new long-term contract is executed by the parties.

(Sec. 208) Directs the Secretary, through the Commissioner of Reclamation, to extend to 20 years, measured from April 3, 2010, the valid time period for seasonal Recreation Use Permits for specified Trailer Areas around Heart Butte Reservoir (Lake Tschida) in North Dakota.

Title III: Department of Energy - Makes appropriations for FY2011 to DOE for energy and science programs, including: (1) energy efficiency and renewable energy; (2) electricity delivery and energy reliability; (3) nuclear energy; (4) fossil energy research and development; (5) naval petroleum and oil shale reserves; (6) the Strategic Petroleum Reserve (SPR) and the Northeast Home Heating Oil Reserve; (7) the Energy Information Administration; (8) non-defense environmental cleanup activities; (9) the Uranium Enrichment Decontamination and Decommissioning Fund; (10) science activities; (11) the Title 17 Innovative Technology Loan Guarantee Loan Program; (12) the Advanced Technology Vehicles Manufacturing Loan Program; (13) departmental administration; (14) Office of the Inspector General; (15) the National Nuclear Security Administration and atomic energy defense weapons activities; (16) defense nuclear nonproliferation activities; (17) naval reactors activities; (18) Office of the Administrator in the National Nuclear Security Administration; (19) defense environmental cleanup; and (20) other defense activities.

Approves specified expenditures from the Bonneville Power Administration Fund.

Makes FY2011 appropriations for operation and maintenance of: (1) the Southeastern Power Administration; (2) the Southwestern Power Administration; (3) the Western Area Power Administration; (4) the Falcon and Amistad Operating and Maintenance Fund; and (5) the Federal Energy Regulatory Commission (FERC).

(Sec. 302) Prohibits the use of funds appropriated under this Act to prepare or initiate Requests For Proposals (RFPs) or similar arrangements for a program that has not been funded by Congress.

(Sec. 303) Prohibits the use of funds appropriated under this Act to: (1) augment funds for severance payments and other benefits and community assistance grants unless DOE submits a reprogramming request to the appropriate congressional committees; (2) provide enhanced severance payments to DOE employees; or (3) develop or implement a workforce restructuring plan that covers DOE employees.

(Sec. 305) States that funds appropriated for intelligence activities are deemed to be specifically authorized by the Congress for purposes of the National Security Act of 1947 during FY2011 until the enactment of the Intelligence Authorization Act for FY2011.

(Sec. 306) Authorizes the transfer of up to 1% of appropriations between DOE activities pursuant to Energy and Water Development Appropriations Acts in specified circumstances, subject to certain conditions.

(Sec. 307) Deems certain plant or construction projects with a current estimated cost of less than $10 million to be within the minor construction threshold and to be construction projects with a current estimated cost of less than a minor construction threshold.

(Sec. 308) Requires the Secretary to notify certain congressional committees three full business days in advance of using funds to: (1) make a grant allocation, discretionary grant, discretionary contract award, or Other Transaction Agreement; (2) issue a letter of intent totaling in excess of $1 million; or (3) publicize the intention to grant such an award. Exempts from these notification requirements any purchases of power or transmission services by the federal Power Marketing Administrations.

(Sec. 309) Prohibits the use of appropriations in FY2011 to transfer, sell, barter, distribute, or otherwise provide more than 3.3 million pounds of natural uranium equivalent of uranium in any form from the DOE inventory. Exempts from such prohibition any such transaction for use of uranium in initial reactor cores.

Requires any otherwise authorized transfer, sale, barter, distribution, or other provision of uranium in any form to be carried out: (1) consistent with the DOE Excess Uranium Inventory Management Plan; and (2) with notice to specified congressional committees.

(Sec. 310) Requires the Secretary of Energy to notify specified congressional committees at least three full business days in advance of using funds provided by this Act to make a final or conditional loan guarantee award.

Title IV: Independent Agencies - Makes FY 2011 appropriations to: (1) the Appalachian Regional Commission; (2) the Defense Nuclear Facilities Safety Board; (3) the Delta Regional Authority; (4) the Denali Commission; (5) the Nuclear Regulatory Commission (NRC), including the Office of Inspector General; (8) the Nuclear Waste Technical Review Board; and (9) the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects.

Title V: General Provisions - (Sec. 501) Prohibits the use of funds under this Act to influence congressional action on legislation or appropriation matters pending before Congress.

(Sec. 502) Prohibits the transfer of any funds under this Act to any federal entity except pursuant to authority provided by an appropriation Act.