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Division C—Energy and Water Develop- Ment and Related Agencies Appro- Priations Act, 2009

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Division C—Energy and Water Develop- Ment and Related Agencies Appro- Priations Act, 2009 [House Appropriations Committee Print] Omnibus Appropriations Act, 2009 (H.R. 1105; Public Law 111–8) DIVISION C—ENERGY AND WATER DEVELOP- MENT AND RELATED AGENCIES APPRO- PRIATIONS ACT, 2009 (553) VerDate Nov 24 2008 04:13 Mar 27, 2009 Jkt 047494 PO 00000 Frm 00547 Fmt 6601 Sfmt 6601 E:\HR\OC\A494P1.XXX A494P1 rfrederick on PROD1PC65 with HEARING VerDate Nov 24 2008 04:13 Mar 27, 2009 Jkt 047494 PO 00000 Frm 00548 Fmt 6601 Sfmt 6601 E:\HR\OC\A494P1.XXX A494P1 rfrederick on PROD1PC65 with HEARING CONTENTS, DIVISION C Page Legislative Text: Title I—Department of Defense—Civil: Department of the Army ............... 559 Title II—Department of the Interior ............................................................... 567 Title III—Department of Energy ..................................................................... 572 Title IV—Independent Agencies ...................................................................... 586 Title V—General Provisions ............................................................................ 588 Explanatory Statement: Title I—Department of Defense—Civil: Department of the Army ............... 591 Title II—Department of the Interior ............................................................... 637 Title III—Department of Energy ..................................................................... 646 Title IV—Independent Agencies ...................................................................... 702 Title V—General Provisions ............................................................................ 704 (555) VerDate Nov 24 2008 04:13 Mar 27, 2009 Jkt 047494 PO 00000 Frm 00549 Fmt 6601 Sfmt 0483 E:\HR\OC\A494P1.XXX A494P1 rfrederick on PROD1PC65 with HEARING VerDate Nov 24 2008 04:13 Mar 27, 2009 Jkt 047494 PO 00000 Frm 00550 Fmt 6601 Sfmt 0483 E:\HR\OC\A494P1.XXX A494P1 rfrederick on PROD1PC65 with HEARING [CLERK’S NOTE: Five sections which precede division C in the Om- nibus Appropriations Act apply to all divisions of the Act, including this one. The text of these sections is as follows: SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Omnibus Appropriations Act, 2009’’. SEC. 2. TABLE OF CONTENTS. [Text omitted or purposes of this note] SEC. 3. REFERENCES. Except as expressly provided otherwise, any reference to ‘‘this Act’’ contained in any division of this Act shall be treated as refer- ring only to the provisions of that division. SEC. 4. EXPLANATORY STATEMENT. The explanatory statement regarding this Act, printed in the House of Representatives section of the Congressional Record on or about February 23, 2009 by the Chairman of the Committee on Ap- propriations of the House, shall have the same effect with respect to the allocation of funds and implementation of this Act as if it were a joint explanatory statement of a committee of conference. SEC. 5. STATEMENT OF APPROPRIATIONS The following sums in this Act are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2009. Reproduced below is the text of division C of the Omnibus Appro- priations Act, 2009 (H.R. 1105; P.L. 111–8) as presented to the President for signature.] (557) VerDate Nov 24 2008 04:13 Mar 27, 2009 Jkt 047494 PO 00000 Frm 00551 Fmt 6601 Sfmt 6601 E:\HR\OC\A494P1.XXX A494P1 rfrederick on PROD1PC65 with HEARING VerDate Nov 24 2008 04:13 Mar 27, 2009 Jkt 047494 PO 00000 Frm 00552 Fmt 6601 Sfmt 6601 E:\HR\OC\A494P1.XXX A494P1 rfrederick on PROD1PC65 with HEARING DIVISION C—ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2009 TITLE I DEPARTMENT OF DEFENSE—CIVIL DEPARTMENT OF THE ARMY CORPS OF ENGINEERS—CIVIL The following appropriations shall be expended under the di- rection of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to rivers and harbors, flood and storm dam- age reduction, shore protection, aquatic ecosystem restoration, and related efforts. INVESTIGATIONS For expenses necessary where authorized by law for the collec- tion and study of basic information pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic eco- system restoration, and related needs; for surveys and detailed studies, and plans and specifications of proposed river and harbor, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration projects and related efforts prior to construc- tion; for restudy of authorized projects; and for miscellaneous in- vestigations and, when authorized by law, surveys and detailed studies, and plans and specifications of projects prior to construc- tion, $168,100,000, to remain available until expended: Provided, That, except as provided in section 101 of this Act, the amounts made available under this paragraph shall be expended as author- ized 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). CONSTRUCTION For expenses necessary for the construction of river and har- bor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law; for conducting detailed studies, and plans and specifications, of such projects (including those involving participation by States, local governments, or private groups) authorized or made eligible for se- lection by law (but such detailed studies, and plans and specifica- tions, shall not constitute a commitment of the Government to con- struction); $2,141,677,000, to remain available until expended; of which such sums as are necessary to cover the Federal share of (559) VerDate Nov 24 2008 04:13 Mar 27, 2009 Jkt 047494 PO 00000 Frm 00553 Fmt 6601 Sfmt 6601 E:\HR\OC\A494P1.XXX A494P1 rfrederick on PROD1PC65 with HEARING 560 construction costs for facilities under the Dredged Material Dis- posal Facilities program shall be derived from the Harbor Mainte- nance Trust Fund as authorized by Public Law 104–303; and of which such sums as are necessary pursuant to Public Law 99–662 shall be derived from the Inland Waterways Trust Fund, to cover one-half of the costs of construction, replacement, rehabilitation, and expansion of inland waterways projects (including only Chicka- mauga Lock, Tennessee; Kentucky Lock and Dam, Tennessee River, Kentucky; Lock and Dams 2, 3, and 4 Monongahela River, Pennsylvania; Marmet Lock and Dam, West Virginia; McAlpine Lock and Dam, Kentucky and Indiana; Olmsted Lock and Dam, Il- linois and Kentucky; Gray’s Landing Lock and Dam, Pennsylvania; R.C. Byrd Lock and Dam, Ohio and West Virginia; and Point Mar- ion Lock and Dam, Pennsylvania) shall be derived from the Inland Waterways Trust Fund: Provided, That the Chief of Engineers is directed to use $13,000,000 of the funds appropriated herein for the Dallas Floodway Extension, Texas, project, including the Cadillac Heights feature, generally in accordance with the Chief of Engi- neers report dated December 7, 1999: Provided further, That the Chief of Engineers is directed to use $8,000,000 of the funds appro- priated herein for planning, engineering, design or construction of the Grundy, Buchanan County, and Dickenson County, Virginia, elements of the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River Project: Provided further, That the Chief of Engineers is directed to use $8,500,000 of the funds appropriated herein to continue planning, engineering, design or construction of the Lower Mingo County, Upper Mingo County, Wayne County, McDowell County, West Virginia, elements of the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River Project: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to use $9,000,000 of the funds appropriated herein for the Clover Fork, City of Cumberland, Town of Martin, Pike County (including Levisa Fork and Tug Fork Tribu- taries), Bell County, Harlan County in accordance with the Draft Detailed Project Report dated January 2002, Floyd County, Martin County, Johnson County, and Knox County, Kentucky, detailed project report, elements of the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River: Provided further, That the Chief of Engineers is directed to use $17,048,000 of the funds provided herein for planning and design and construction of a rural health care facility on the Fort Berthold Reservation of the Three Affiliated Tribes, North Dakota: Provided further, That, except as provided in section 101 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 the consolidated Act). MISSISSIPPI RIVER AND TRIBUTARIES For expenses necessary for flood damage reduction projects and related efforts in the Mississippi River alluvial valley below Cape Girardeau, Missouri, as authorized by law, $383,823,000, to remain available until expended, of which such sums as are necessary to cover the Federal share of eligible operation and maintenance costs VerDate Nov 24 2008 04:13 Mar 27, 2009 Jkt 047494 PO 00000 Frm 00554 Fmt 6601 Sfmt 6601 E:\HR\OC\A494P1.XXX A494P1 rfrederick on PROD1PC65 with HEARING 561 for inland harbors shall be derived from the Harbor Maintenance Trust Fund: Provided, That the Chief of
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