| Sponsor | Rep. Pastor, Ed |
| Committee | Appropriations |
| Date | October 2, 2009 (111th Congress, 1st Session) |
| Staff Contact | Andy Koenig |
The House is scheduled to begin consideration of the conference report accompanying H.R. 3183, the Energy and Water Development and Related Agencies Appropriations Act for FY 2010 on Wednesday, October 1, 2009, under a rule. H.R. 3183 was passed in the House on July 17, 2009, by a vote of 232-97. The Senate passed their version of the bill on July 29, 2009, by a vote of 85-9.

Energy and Water Development Appropriation in Millions
| FY 2009 Enacted | Senate Passed | House Passed | Conference Report | Conference Report vs. FY 2009 |
Appropriation | 33,261 | 33,758 | 33,298 | 33,465 | 204 |
Emergency Spending | 58,728 | 0 | 0 | 0 | -58,728 |
Total | 91,989 | 33,758 | 33,298 | 33,465 | -58,524 |
The conference report to H.R. 3183 contains a total of $33.46 billion in discretionary spending, an increase of $204 million or less than one percent above the non-emergency discretionary spending level for FY 2009. While the increase in appropriated spending is smaller than the majority of the other appropriations bills, the agencies receiving funding from the Energy and Water appropriation already received an additional $58.7 billion in emergency spending, primarily from the "stimulus" bill, giving these agencies $92 billion in FY 2009-nearly three times the appropriated funding level.
Agencies funded through the bill received $57.8 billion in supplemental appropriations, primarily from the "stimulus" bill, and $882 million from H.R. 2346, the FY 2009 supplemental war funding bill, for a total of $58.7 billion in emergency funding.
H.R. 3183 provides funding for the Army Corps of Engineers, the Department of Energy, the Bureau of Water Reclamation, nuclear energy and waste disposal, technology loans, uranium enrichment, and the Strategic Petroleum Reserve. The following is a summary of the spending highlights and other provisions in the bill.
TITLE I-Army Corps of Engineers
The conference report contains $5.4 billion for the Army Corps of Engineers, an increase of $42 million or less than one percent above FY 2009.
Construction: Provides $2 billion for U.S. Army Corps of Engineers (USACE) construction, a decrease of $110 million or 5 percent from FY 2009. However, USACE construction projects received $4.8 billion in funds for FY 2009 through supplemental emergency appropriations, including $2 billion in the "stimulus." In total, USACE construction received $7 billion in FY 2009.
Mississippi River and Tributaries: Provides $340 million for planning, construction, and operation and maintenance for projects to reduce flood damage in the lower Mississippi River valley, a decrease of $43 million or 11 percent from the FY 2009 regular appropriations. Including emergency appropriations, Mississippi River flood prevention projects received a total of $758 million in FY 2009.
Operations and Maintenance: Provides $2.4 billion for USACE operations and maintenance, an increase of $198 million or 9 percent above FY 2009. USACE operations and maintenance already received $2 billion in supplemental funding from the "stimulus" for a total of $4.2 billion in FY 2009.
Flood Control: Provides no funding for flood control and coastal emergencies, which received no funding from regular FY 2009 appropriations. Flood control projects did, however, receive $3.6 billion in FY 2009 in emergency spending.
TITLE II-Department of Interior
Bureau of Reclamation: Provides $1.1 billion for the Bureau of Reclamation (BOR), a decrease of $12 million or 1 percent from the regular appropriations for FY 2009. BOR received $1 billion in emergency spending from the "stimulus" bill for a total of $1.9 billion in FY 2009.
TITLE III-Department of Energy
The conference report contains $27.1 billion for the Department of Energy, an increase of $318 million or one percent above FY 2009 regular appropriate spending level. The Department of Energy also received $46.5 billion in emergency appropriations in FY 2009.
Yucca Mountain: Provides $196.8 million for the Yucca Mountain repository, the same as the President's budget request. This level of funding is a significant cut to Yucca Mountain and would essentially terminate the program. A serious impediment to the development of nuclear power today is disposal of spent nuclear fuel. Members may be concerned that this cut to the spent nuclear fuel repository at Yucca Mountain would significantly hinder the future development of nuclear power in the U.S. Republicans support increased nuclear power-a safe, affordable emission-free energy source and job creator. To date, American ratepayers have already paid over $7 billion for the Yucca Mountain program.
Energy Efficiency and Renewable Energy: Provides $2.2 billion for energy efficiency and renewable energy programs, an increase of $313 million or 16 percent over the FY 2009 regular appropriations. In addition to the increase over FY 2009, funds for these programs received $16.8 billion from the "stimulus" for a total of $18.9 billion in FY 2009. Funds under this section provide for renewable energy and energy efficiency research, development, demonstration and deployment activities, and federal energy assistance programs.
Electricity Delivery and Energy Reliability: Provides $172 million for Electricity Delivery and Energy Reliability Research and Development programs, an increase of $34 million or 25 percent over the regular appropriation for FY 2009. In addition to the large funding increase, these programs received $4.5 billion in emergency FY 2009 appropriations, more than 20 times greater than the regular appropriation.
Nuclear Energy: Provides $786 million for nuclear energy programs, a decrease of $5 million or 1 percent below FY 2009. The funds provide money for nuclear energy research and development, fuel cycle research and development, and radiological facilities management.
Fossil Energy Research: Provides $672 million for Fossil Energy Research, a decrease of $54 million or 7.5 percent from FY 2009. However, Fossil Energy Research accounts received $3.4 billion in emergency appropriations in FY 2009.
Strategic Petroleum Reserve: Provides $243 million for the Strategic Petroleum Reserve, an increase of $38 million or 19 percent over FY 2009.
Uranium Enrichment and Decommissioning: Provides $573 million for Uranium Enrichment and Decommissioning Programs, an increase of $38 million 7 percent over FY 2009.
Science: Provides $4.9 billion for Department of Energy science programs, an increase $131 million of 2.7 percent above FY 2009. Science programs also received $1.6 billion in emergency appropriations for a total of $6.3 billion in FY 2009. The funding provides for the Department of Energy's programs for high energy physics, nuclear physics, biological and environmental research, basic energy sciences, advanced scientific computing, maintenance of the laboratories physical infrastructure, fusion energy sciences, safeguards and security, workforce development for teachers and scientists, and science program direction.
Nuclear Waste Disposal: Provides $98 million for Nuclear Waste Disposal, a decrease of $47 million or 32 percent from FY 2009.
Innovative Technology Loan Program: Provides $43 million for the Innovative Technology Loan Guarantee Program, an increase of $23 million or 116 percent over FY 2009. Under the program, the DOE issues loan guarantees to eligible projects that "avoid, reduce, or sequester air pollutants or anthropogenic emissions of greenhouse gases" and "employ new or significantly improved technologies as compared to technologies in service in the United States at the time the guarantee is issued." The program received $6 billion in emergency funding in FY 2009 from the "stimulus." In addition, the conference does not provide for additional nuclear power loan guarantees.
Advance Technology Vehicle Manufacturing Loans: Provides $20 million for Advance Technology Vehicle Manufacturing Loans which received no regular appropriations in FY 2009. The loan program received $7.5 billion in emergency funding in FY 2009 from the "stimulus." The program was created by the Energy Independence and Security Act of 2007 to provide financing to automakers to "retool older plants and equipment to produce energy-efficient vehicles." Under the bill, manufacturing facilities must be located in the U.S. and engineering integration must be performed in the U.S.
National Nuclear Security Administration: Provides $9.88 billion for the National Nuclear Security Administration, an increase of $757 million or 8 percent above FY 2009.
Defense Environmental Clean-Up: Provides $5.6 billion for Department of Defense (DoD) environmental clean-up, a decrease of $15 million or less than one percent below the regular appropriation for FY 2009. The DoD also received $5.1 billion for environmental clean-up in the "stimulus" bill, bringing spending for FY 2009 DoD environmental clean-up to a total of $10.7 billion.
Title IV-Independent Agencies
Appalachian Regional Commission: Provides $76 million for the Appalachian Regional Commission (ARC), an increase of $1 million over FY 2009. The ARC is a "Great Society" program created in 1965 that uses taxpayer dollars on grant programs that benefit a small region of the country.
Delta Regional Authority: Provides $13 million, the same as FY 2009, for the Delta Regional Authority, which uses federal funds to provide grants for projects in eight select states-Alabama, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri and Tennessee.
Earmarks: The 391 page conference report contains 147 pages of earmarks.
CONFERENCE REPORT TO H.R. 3183 Spending in Thousands
(Please note that the FY 2009 spending levels are based on the appropriated funding level and do not reflect emergency spending. Some scoring methods have based FY 2009 funding on appropriated levels combined with emergency spending.)
Program | FY 2009 Enacted | House Passed | Senate Passed | Conference Report | Conference Report vs. FY 2009 |
Army Corps of Engineers | 5,402,365 | 5,532,025 | 5,541,025 | 5,445,000 | 42,635 |
Investigations | 193,100 | 142,000 | 170,000 | 160,000 | -33,100 |
Construction | 2,141,677 | 2,143,679 | 1,942,000 | 2,031,000 | -110,677 |
Mississippi River | 383,823 | 251,375 | 340,000 | 340,000 | -43,823 |
Operations and Maintenance | 2,201,900 | 2,510,971 | 2,450,000 | 2,400,000 | 198,100 |
Regulatory Program | 183,000 | 191,800 | 190,000 | 190,000 | 7,000 |
Formerly Utilized Sites Remedial Action Program | 140,000 | 134,000 | 140,000 | 134,000 | -6,000 |
Expenses | 179,365 | 152,200 | 186,000 | 185,000 | 5,635 |
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Department of Interior | 1,117,738 | 1,079,809 | 1,079,809 | 1,129,720 | 42,635 |
Central Utah Project Completion | 42,000 | 42,004 | 42,004 | 42,004 | 4 |
Bureau of Reclamation | 1,075,738 | 1,037,805 | 1,130,683 | 1,087,716 | 11,978 |
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Department of Energy | 26,793,001 | 26,876,350 | 27,398,221 | 27,111,438 | 318,437 |
Energy Efficiency and Renewable Energy | 1,928,540 | 2,310,000 | 2,233,967 | 2,242,500 | 313,960 |
Electricity Delivery & Energy Reliability | 137,000 | 193,008 | 179,483 | 171,982 | 34,982 |
Nuclear Energy | 792,000 | 812,000 | 761,274 | 786,637 | -5,363 |
Fossil Energy Research and Development | 727,000 | 617,565 | 699,200 | 672,383 | -54,617 |
Naval Petroleum and Oil Shale Reserve | 19,099 | 23,627 | 23,627 | 23,627 | 4,528 |
Strategic Petroleum Reserve | 205,000 | 228,573 | 229,073 | 243,823 | 38,823 |
Northeast Home Heating Oil Reserve | 9,800 | 11,300 | 11,300 | 11,300 | 1,500 |
Energy Information Administration | 110,595 | 121,858 | 110,595 | 110,595 | 0 |
Non-Defense Environmental Clean-Up | 261,819 | 237,517 | 259,673 | 244,673 | -17,146 |
Uranium Enrichment and Decommissioning | 535,503 | 559,377 | 588,322 | 573,850 | 38,347 |
Science | 4,772,636 | 4,943,587 | 4,898,832 | 4,903,710 | 131,074 |
Nuclear Waste Disposal | 145,390 | 98,400 | 98,400 | 98,400 | -46,990 |
Innovation Tech Loan Guarantee Program | 19,880 | 43,000 | 43,000 | 43,000 | 23,120 |
Advance Tech Vehicle Manufacturing Loans | 0 | 20,000 | 20,000 | 20,000 | 20,000 |
Departmental Administration | 155,326 | 124,944 | 173,944 | 168,944 | 13,618 |
Office of the Inspector General | 51,927 | 51,927 | 51,927 | 51,927 | 0 |
National Nuclear Security Administration | 9,129,594 | 9,215,062 | 9,998,863 | 9,887,027 | 757,433 |
Defense Environmental Clean-Up | 5,657,250 | 5,381,842 | 5,763,856 | 5,642,331 | -14,919 |
Other Defense Activities | 1,314,063 | 1,515,502 | 854,468 | 847,468 | -466,595 |
Defense Nuclear Waste Disposal | 143,000 | 98,400 | 98,400 | 98,400 | -44,600 |
Southeastern Power Operation and Maintenance | 28,414 | 44,944 | 44,944 | 44,944 | 16,530 |
Western Area Power Administration Construction | 228,346 | 256,711 | 256,711 | 256,711 | 28,365 |
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Independent Agencies | 124,800 | 127,051 | 127,051 | 127,051 | 2,251 |
Appalachian Regional Commission | 75,000 | 76,000 | 76,000 | 76,000 | 1,000 |
Defense Nuclear Facilities Safety Board | 25,000 | 26,086 | 26,086 | 26,086 | 1,086 |
Delta Regional Authority | 13,000 | 13,000 | 13,000 | 13,000 | 0 |
Denali Commission | 11,800 | 11,965 | 11,965 | 11,965 | 165 |
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Total | 33,261,000 | 33,758,000 | 33,298,000 | 33,465,000 | 204,000 |

H.R. 3183 would appropriate $33.46 billion in discretionary funding for FY 2010.
