[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2605 Enrolled Bill (ENR)]

        H.R.2605

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
   the sixth day of January, one thousand nine hundred and ninety-nine


                                 An Act


 
 Making appropriations for energy and water development for the fiscal 
         year ending September 30, 2000, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2000, for energy 
and water development, and for other purposes, namely:

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

    The following appropriations shall be expended under the direction 
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 control, beach erosion, and 
related purposes.

                         General Investigations

    For expenses necessary for the collection and study of basic 
information pertaining to river and harbor, flood control, shore 
protection, and related projects, restudy of authorized projects, 
miscellaneous investigations, and, when authorized by laws, surveys and 
detailed studies and plans and specifications of projects prior to 
construction, $161,994,000, to remain available until expended: 
Provided, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to use the remaining unobligated funds 
appropriated in Public Law 102-377 for the Red River Waterway, 
Shreveport, Louisiana, to Daingerfield, Texas, project for the 
feasibility phase of the Red River Navigation, Southwest Arkansas, 
study.

                         Construction, General

    For the prosecution of river and harbor, flood control, shore 
protection, and related projects authorized by laws; and detailed 
studies, and plans and specifications, of projects (including those for 
development with participation or under consideration for participation 
by States, local governments, or private groups) authorized or made 
eligible for selection by law (but such studies shall not constitute a 
commitment of the Government to construction), $1,400,722,000, to 
remain available until expended, of which such sums as are necessary 
for the Federal share of construction costs for facilities under the 
Dredged Material Disposal Facilities program shall be derived from the 
Harbor Maintenance 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, for one-half of the 
costs of construction and rehabilitation of inland waterways projects, 
including rehabilitation costs for the Lock and Dam 25, Mississippi 
River, Illinois and Missouri; Lock and Dam 14, Mississippi River, Iowa; 
Lock and Dam 24, Mississippi River, Illinois and Missouri; and Lock and 
Dam 3, Mississippi River, Minnesota; London Locks and Dam; Kanawha 
River, West Virginia; and Lock and Dam 12, Mississippi River, Iowa, 
projects; and of which funds are provided for the following projects in 
the amounts specified:
        Indianapolis Central Waterfront, Indiana, $8,000,000;
        Harlan/Clover Fork including grading and landscaping of the 
    disposal site at the Harlan floodwall, Pike County, Middlesboro, 
    Martin County, Pike County Tug Forks Tributaries, Bell County, 
    Harlan County, and Town of Martin elements of the Levisa and Tug 
    Forks of the Big Sandy River and Upper Cumberland River project in 
    Kentucky, $14,050,000;
        Jackson County, Mississippi, $800,000;
        Natchez Bluff, Mississippi, $2,000,000;
        Passaic River Streambank Restoration, New Jersey, $6,000,000; 
    and
        Upper Mingo County (including Mingo County Tributaries), Lower 
    Mingo County (Kermit), Wayne County, and McDowell County, elements 
    of the Levisa and Tug Forks of the Big Sandy River and Upper 
    Cumberland River project in West Virginia, $4,400,000:
Provided, That no part of any appropriation contained in this Act shall 
be expended or obligated to begin Phase II on the John Day Drawdown 
study or to initiate a study of the drawdown of McNary Dam unless 
authorized by law: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers, may use $1,500,000 of funding 
appropriated herein to initiate construction of shoreline protection 
measures at Assateague Island, Maryland, subject to execution of an 
agreement for reimbursement by the National Park Service: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, may use Construction, General funding as directed in Public 
Law 105-62 and Public Law 105-245 to initiate construction of an 
emergency outlet from Devils Lake, North Dakota, to the Sheyenne River, 
except that the funds shall not become available unless the Secretary 
of the Army determines that an emergency (as defined in section 102 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5122)) exists with respect to the emergency need for the outlet 
and reports to Congress that the construction is technically sound, 
economically justified, and environmentally acceptable and in 
compliance with the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.): Provided further, That the economic justification 
for the emergency outlet shall be prepared in accordance with the 
principles and guidelines for economic evaluation as required by 
regulations and procedures of the Army Corps of Engineers for all flood 
control projects, and that the economic justification be fully 
described, including the analysis of the benefits and costs, in the 
project plan documents: Provided further, That the plans for the 
emergency outlet shall be reviewed and, to be effective, shall contain 
assurances provided by the Secretary of State, after consultation with 
the International Joint Commission, that the project will not violate 
the requirements or intent of the Treaty Between the United States and 
Great Britain Relating to Boundary Waters Between the United States and 
Canada, signed at Washington January 11, 1909 (36 Stat. 2448; TS 548) 
(commonly known as the ``Boundary Waters Treaty of 1909''): Provided 
further, That the Secretary of the Army shall submit the final plans 
and other documents for the emergency outlet to Congress: Provided 
further, That no funds made available under this Act or any other Act 
for any fiscal year may be used by the Secretary of the Army to carry 
out the portion of the feasibility study of the Devils Lake Basin, 
North Dakota, authorized under the Energy and Water Development 
Appropriations Act, 1993 (Public Law 102-377), that addresses the needs 
of the area for stabilized lake levels through inlet controls, or to 
otherwise study any facility or carry out any activity that would 
permit the transfer of water from the Missouri River Basin into Devils 
Lake.

 Flood Control, Mississippi River and Tributaries, Arkansas, Illinois, 
       Kentucky, Louisiana, Mississippi, Missouri, and Tennessee

    For expenses necessary for prosecuting work of flood control, and 
rescue work, repair, restoration, or maintenance of flood control 
projects threatened or destroyed by flood, as authorized by law (33 
U.S.C. 702a and 702g-1), $309,416,000, to remain available until 
expended.

                   Operation and Maintenance, General

    For expenses necessary for the preservation, operation, 
maintenance, and care of existing river and harbor, flood control, and 
related works, including such sums as may be necessary for the 
maintenance of harbor channels provided by a State, municipality or 
other public agency, outside of harbor lines, and serving essential 
needs of general commerce and navigation; surveys and charting of 
northern and northwestern lakes and connecting waters; clearing and 
straightening channels; and removal of obstructions to navigation, 
$1,853,618,000, to remain available until expended, of which such sums 
as become available in the Harbor Maintenance Trust Fund, pursuant to 
Public Law 99-662, may be derived from that Fund, and of which such 
sums as become available from the special account established by the 
Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l), 
may be derived from that account for construction, operation, and 
maintenance of outdoor recreation facilities: Provided, That no funds, 
whether appropriated, contributed, or otherwise provided, shall be 
available to the United States Army Corps of Engineers for the purpose 
of acquiring land in Jasper County, South Carolina, in connection with 
the Savannah Harbor navigation project.

                           Regulatory Program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $117,000,000, to remain 
available until expended: Provided, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to use $5,000,000 of 
funds appropriated herein to fully implement an administrative appeals 
process for the Corps of Engineers Regulatory Program, which 
administrative appeals process shall provide for a single-level appeal 
of jurisdictional determinations: Provided further, That the Secretary 
of the Army, acting through the Chief of Engineers, shall, using funds 
provided herein, prepare studies and analyses of the impacts on 
Regulatory Branch workload and on cost of compliance by the regulated 
community of proposed replacement permits for the nationwide permit 26 
under section 404 of the Clean Water Act and shall submit a report 
based upon the aforementioned studies and analyses to the Committees on 
Appropriations of the House and Senate, the Transportation and 
Infrastructure Committee of the House, and the Committee on Environment 
and Public Works of the Senate.

            Formerly Utilized Sites Remedial Action Program

    For expenses necessary to clean up contamination from sites 
throughout the United States resulting from work performed as part of 
the Nation's early atomic energy program, $150,000,000, to remain 
available until expended.

                            General Expenses

    For expenses necessary for general administration and related 
functions in the Office of the Chief of Engineers and offices of the 
Division Engineers; activities of the Coastal Engineering Research 
Board, the Humphreys Engineer Center Support Activity, the Water 
Resources Support Center, and headquarters support functions at the 
USACE Finance Center, $149,500,000, to remain available until expended: 
Provided, That no part of any other appropriation provided in title I 
of this Act shall be available to fund the activities of the Office of 
the Chief of Engineers or the executive direction and management 
activities of the division offices: Provided further, That none of 
these funds shall be available to support an office of congressional 
affairs within the executive office of the Chief of Engineers.

                        Administrative Provision

    Appropriations in this title shall be available for official 
reception and representation expenses (not to exceed $5,000); and 
during the current fiscal year the Revolving Fund, Corps of Engineers, 
shall be available for purchase (not to exceed 100 for replacement 
only) and hire of passenger motor vehicles.

                           GENERAL PROVISIONS

                       Corps of Engineers--Civil

    Sec. 101. Notwithstanding any other provisions of law, no fully 
allocated funding policy shall be applied to projects for which funds 
are identified in the Committee reports accompanying this Act under the 
Construction, General; Operation and Maintenance, General; and Flood 
Control, Mississippi River and Tributaries, appropriation accounts: 
Provided, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to undertake these projects using continuing 
contracts, as authorized in section 10 of the Rivers and Harbors Act of 
September 22, 1922 (33 U.S.C. 621).
    Sec. 102. Agreements proposed for execution by the Assistant 
Secretary of the Army for Civil Works or the United States Army Corps 
of Engineers after the date of the enactment of this Act pursuant to 
section 4 of the Rivers and Harbor Act of 1915, Public Law 64-291; 
section 11 of the River and Harbor Act of 1925, Public Law 68-585; the 
Civil Functions Appropriations Act, 1936, Public Law 75-208; section 
215 of the Flood Control Act of 1968, as amended, Public Law 90-483; 
sections 104, 203, and 204 of the Water Resources Development Act of 
1986, as amended (Public Law 99-662); section 206 of the Water 
Resources Development Act of 1992, as amended, Public Law 102-580; 
section 211 of the Water Resources Development Act of 1996, Public Law 
104-303, and any other specific project authority, shall be limited to 
credits and reimbursements per project not to exceed $10,000,000 in 
each fiscal year, and total credits and reimbursements for all 
applicable projects not to exceed $50,000,000 in each fiscal year.
    Sec. 103. None of the funds made available in this Act may be used 
to revise the Missouri River Master Water Control Manual when it is 
made known to the Federal entity or official to which the funds are 
made available that such revision provides for an increase in the 
springtime water release program during the spring heavy rainfall and 
snow melt period in States that have rivers draining into the Missouri 
River below the Gavins Point Dam.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project


                 central utah project completion account

    For carrying out activities authorized by the Central Utah Project 
Completion Act, and for activities related to the Uintah and Upalco 
Units authorized by 43 U.S.C. 620, $38,049,000, to remain available 
until expended, of which $15,476,000 shall be deposited into the Utah 
Reclamation Mitigation and Conservation Account: Provided, That of the 
amounts deposited into that account, $5,000,000 shall be considered the 
Federal contribution authorized by paragraph 402(b)(2) of the Central 
Utah Project Completion Act and $10,476,000 shall be available to the 
Utah Reclamation Mitigation and Conservation Commission to carry out 
activities authorized under that Act.
    In addition, for necessary expenses incurred in carrying out 
related responsibilities of the Secretary of the Interior, $1,321,000, 
to remain available until expended.

                         Bureau of Reclamation

    The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation:


                       water and related resources

                      (including transfer 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, Indian tribes, and others, 
$607,927,000, to remain available until expended, of which $2,247,000 
shall be available for transfer to the Upper Colorado River Basin Fund 
and $24,089,000 shall be available for transfer to the Lower Colorado 
River Basin Development Fund, and of which such amounts as may be 
necessary may be advanced to the Colorado River Dam Fund: Provided, 
That such transfers may be increased or decreased within the overall 
appropriation under this heading: Provided further, That of the total 
appropriated, the amount for program activities 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, 
That funds available for expenditure for the Departmental Irrigation 
Drainage Program may be expended by the Bureau of Reclamation for site 
remediation on a non-reimbursable basis: Provided further, That section 
301 of Public Law 102-250, Reclamation States Emergency Drought Relief 
Act of 1991, as amended by Public Law 104-206, is amended further by 
inserting ``1999, and 2000'' in lieu of ``and 1997'': Provided further, 
That the amount authorized for Indian municipal, rural, and industrial 
water features by section 10 of Public Law 89-108, as amended by 
section 8 of Public Law 99-294, section 1701(b) of Public Law 102-575, 
and Public Law 105-245, is increased by $1,000,000 (October 1998 
prices).


                bureau of reclamation loan program account

    For the cost of direct loans and/or grants, $12,000,000, to remain 
available until expended, as authorized by the Small Reclamation 
Projects Act of August 6, 1956, as amended (43 U.S.C. 422a-422l): 
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974, as amended: Provided further, That these funds are available to 
subsidize gross obligations for the principal amount of direct loans 
not to exceed $43,000,000.
     In addition, for administrative expenses necessary to carry out 
the program for direct loans and/or grants, $425,000, to remain 
available until expended: Provided, That of the total sums 
appropriated, the amount of program activities that can be financed by 
the Reclamation Fund shall be derived from that Fund.


                 central valley project restoration fund

    For carrying out the programs, projects, plans, and habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, $42,000,000, to be derived from such 
sums as may be collected in the Central Valley Project Restoration Fund 
pursuant to sections 3407(d), 3404(c)(3), 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.


                     california bay-delta restoration

                      (including transfer of funds)

    For necessary expenses of the Department of the Interior and other 
participating Federal agencies in carrying out ecosystem restoration 
activities pursuant to the California Bay-Delta Environmental 
Enhancement Act and other activities that are in accord with the CALFED 
Bay-Delta Program, including projects to improve water use efficiency, 
water quality, groundwater and surface storage, levees, conveyance, and 
watershed management, consistent with plans to be approved by the 
Secretary of the Interior, in consultation with such Federal agencies, 
$60,000,000, to remain available until expended, of which $30,000,000 
shall be used for ecosystem restoration activities and $30,000,000 
shall be used for such other activities, and of which such amounts as 
may be necessary to conform with such plans shall be transferred to 
appropriate accounts of such Federal agencies: Provided, That no more 
than $5,000,000 of the funds appropriated herein may be used for 
planning and management activities associated with developing the 
overall CALFED Bay-Delta Program and coordinating its staged 
implementation: Provided further, That funds for ecosystem restoration 
activities may be obligated only as non-Federal sources provide their 
share in accordance with the cost-sharing agreement required under 
section 1101(d) of such Act, and that funds for such other activities 
may be obligated only as non-Federal sources provide their share in a 
manner consistent with such cost-sharing agreement: Provided further, 
That such funds may be obligated prior to the completion of a final 
programmatic environmental impact statement only if: (1) consistent 
with 40 CFR 1506.1(c); and (2) used for purposes that the Secretary 
finds are of sufficiently high priority to warrant such an expenditure.


                        policy and administration

    For necessary expenses of policy, administration, and related 
functions in the office of the Commissioner, the Denver office, and 
offices in the five regions of the Bureau of Reclamation, to remain 
available until expended, $47,000,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: 
Provided, That no part of any other appropriation in this Act shall be 
available for activities or functions budgeted as policy and 
administration expenses.


                        administrative provisions

    Sec. 201. Appropriations for the Bureau of Reclamation shall be 
available for purchase of not to exceed six passenger motor vehicles 
for replacement only.
    Sec. 202. 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. Such leases may be entered into with an option to purchase: 
Provided, That such purchase is approved by the State in which the 
purchase takes place and the purchase does not cause economic harm 
within the State in which the purchase is made.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                             Energy Supply


                      (including transfer of funds)

    For Department of Energy expenses including the purchase, 
construction and acquisition of plant and capital equipment, and other 
expenses necessary for energy supply, and uranium supply and enrichment 
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 one passenger motor vehicle for replacement only, 
$644,937,953, of which $820,953 shall be derived by transfer from the 
Geothermal Resources Development Fund, and of which $5,000,000 shall be 
derived by transfer from the United States Enrichment Corporation Fund.

                  Non-Defense Environmental Management

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental management 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, $333,618,000, to remain 
available until expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

    For necessary expenses in carrying out uranium enrichment facility 
decontamination and decommissioning, remedial actions and other 
activities of title II of the Atomic Energy Act of 1954 and title X, 
subtitle A of the Energy Policy Act of 1992, $250,198,000, to be 
derived from the Fund, to remain available until expended: Provided, 
That $30,000,000 of amounts derived from the Fund for such expenses 
shall be available in accordance with title X, subtitle A, of the 
Energy Policy Act of 1992.

                                Science

    For Department of Energy expenses including the purchase, 
construction and acquisition of plant and capital equipment, and other 
expenses necessary for science activities in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not to exceed six passenger motor vehicles 
for replacement only, $2,799,851,000, to remain available until 
expended.

                         Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $240,500,000 to be 
derived from the Nuclear Waste Fund: Provided, That not to exceed 
$500,000 may be provided to the State of Nevada solely for 
expenditures, other than salaries and expenses of State employees, to 
conduct scientific oversight responsibilities pursuant to the Nuclear 
Waste Policy Act of 1982, (Public Law 97-425) as amended: Provided 
further, That not to exceed $5,432,000 may be provided to affected 
units of local governments, as defined in Public Law 97-425, to conduct 
appropriate activities pursuant to the Act: Provided further, That the 
distribution of the funds as determined by the units of local 
government shall be approved by the Department of Energy: Provided 
further, That the funds shall be made available to the State and units 
of local government by direct payment: Provided further, That within 90 
days of the completion of each Federal fiscal year, the State and each 
local entity shall provide certification to the Department of Energy, 
that all funds expended from such payments have been expended for 
activities as defined in Public Law 97-425. 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 appropriated may be: (1) used directly or indirectly 
to influence legislative action 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.

                      Departmental Administration

    For salaries and expenses of the Department of Energy necessary for 
departmental administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the hire of passenger motor vehicles and official reception 
and representation expenses (not to exceed $35,000), $206,365,000, to 
remain available until expended, plus such additional amounts as 
necessary to cover increases in the estimated amount of cost of work 
for others notwithstanding the provisions of the Anti-Deficiency Act 
(31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work 
are offset by revenue increases of the same or greater amount, to 
remain available until expended: Provided further, That moneys received 
by the Department for miscellaneous revenues estimated to total 
$106,887,000 in fiscal year 2000 may be retained and used for operating 
expenses within this account, and may remain available until expended, 
as authorized by section 201 of Public Law 95-238, notwithstanding the 
provisions of 31 U.S.C. 3302: Provided further, That the sum herein 
appropriated shall be reduced by the amount of miscellaneous revenues 
received during fiscal year 2000 so as to result in a final fiscal year 
2000 appropriation from the General Fund estimated at not more than 
$99,478,000.

                    Office of the Inspector General

    For necessary expenses of the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $29,500,000, to remain available until expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                           Weapons Activities

    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; and the purchase of 
passenger motor vehicles (not to exceed three for replacement only), 
$4,443,939,000, to remain available until expended: Provided, That 
funding for any ballistic missile defense program undertaken by the 
Department of Energy for the Department of Defense shall be provided by 
the Department of Defense according to procedures established for Work 
for Others by the Department of Energy.

         Defense Environmental Restoration and Waste Management

    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 restoration 
and waste management 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 35 passenger motor vehicles for 
replacement only, $4,484,349,000, to remain available until expended: 
Provided, That any amounts appropriated under this heading that are 
used to provide economic assistance under section 15 of the Waste 
Isolation Pilot Plant Land Withdrawal Act (Public Law 102-579) shall be 
utilized to the extent necessary to reimburse costs of financial 
assurances required of a contractor by any permit or license of the 
Waste Isolation Pilot Plant issued by the State of New Mexico.

                  Defense Facilities Closure Projects

    For expenses of the Department of Energy to accelerate the closure 
of defense environmental management sites, including the purchase, 
construction and acquisition of plant and capital equipment and other 
necessary expenses, $1,064,492,000, to remain available until expended.

             Defense Environmental Management Privatization

    For Department of Energy expenses for privatization projects 
necessary for atomic energy defense environmental management activities 
authorized by the Department of Energy Organization Act (42 U.S.C. 7101 
et seq.), $189,000,000, to remain available until expended.

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense, other defense 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, $1,722,444,000, to remain 
available until expended: Provided, That not to exceed $5,000 may be 
used for official reception and representation expenses for 
transparency, national security and nonproliferation activities.

                     Defense Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $112,000,000, to remain 
available until expended.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for the 
Northeast Oregon Hatchery Master Plan, and for official reception and 
representation expenses in an amount not to exceed $1,500.
    During fiscal year 2000, no new direct loan obligations may be 
made.

      Operation and Maintenance, Southeastern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, 
including transmission wheeling and ancillary services, pursuant to the 
provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 
825s), as applied to the southeastern power area, $11,594,000; in 
addition, notwithstanding the provisions of 31 U.S.C. 3302, not to 
exceed $28,000,000 in reimbursements for transmission wheeling and 
ancillary services and for power purchases, to remain available until 
expended.

      Operation and Maintenance, Southwestern Power Administration


                      (including transfer of funds)

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, and 
for construction and acquisition of transmission lines, substations and 
appurtenant facilities, and for administrative expenses, including 
official reception and representation expenses in an amount not to 
exceed $1,500 in carrying out the provisions of section 5 of the Flood 
Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern 
power area, $28,773,000, to remain available until expended, of which 
$773,000 shall be derived by transfer from unobligated balances in 
``Operation and Maintenance, Southeastern Power Administration''; in 
addition, notwithstanding the provisions of 31 U.S.C. 3302, not to 
exceed $4,200,000 in reimbursements, to remain available until 
expended.

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (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, $193,357,000, to remain 
available until expended, of which $182,172,000 shall be derived from 
the Department of the Interior Reclamation Fund: Provided, That of the 
amount herein appropriated, $5,036,000 is for deposit into the Utah 
Reclamation Mitigation and Conservation Account pursuant to title IV of 
the Reclamation Projects Authorization and Adjustment Act of 1992.

           Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $1,309,000, 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 Years 1994 and 1995.

                  Federal Energy Regulatory Commission


                          salaries and expenses

    For necessary expenses of the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 
U.S.C. 3109, the hire of passenger motor vehicles, and official 
reception and representation expenses (not to exceed $3,000), 
$174,950,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, not to exceed $174,950,000 
of revenues from fees and annual charges, and other services and 
collections in fiscal year 2000 shall be retained and used for 
necessary expenses in this account, and shall remain available until 
expended: Provided further, That the sum herein appropriated from the 
General Fund shall be reduced as revenues are received during fiscal 
year 2000 so as to result in a final fiscal year 2000 appropriation 
from the General Fund estimated at not more than $0.

                           GENERAL PROVISIONS

    Sec. 301. (a) None of the funds appropriated by this Act may be 
used to award a management and operating contract 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) At least 60 days before a contract award, amendment, or 
modification for which 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 House of 
Representatives and the Senate a report notifying the subcommittees of 
the waiver and setting forth the reasons for the waiver.
    Sec. 302. (a) None of the funds appropriated by this Act may be 
used to award, amend, or modify a contract in a manner that deviates 
from the Federal Acquisition Regulation, unless 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) At least 60 days before a contract award, amendment, or 
modification for which 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 House of 
Representatives and the Senate a report notifying the subcommittees of 
the waiver and setting forth the reasons for the waiver.
    Sec. 303. None of the funds appropriated by this Act may be used 
to--
        (1) develop or implement a workforce restructuring plan that 
    covers employees of the Department of Energy; or
        (2) provide enhanced severance payments or other benefits for 
    employees of the Department of Energy,
under section 3161 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 7274h).
    Sec. 304. None of the funds appropriated by this Act may be used to 
augment the $24,500,000 made available for obligation by this Act for 
severance payments and other benefits and community assistance grants 
under section 3161 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 7274h).
    Sec. 305. 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.


                    (transfers of unexpended balances)

    Sec. 306. The unexpended balances of prior appropriations provided 
for activities in this Act may be transferred to appropriation accounts 
for such activities established pursuant to this title. Balances so 
transferred 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. 307. Notwithstanding 41 U.S.C. 254c(a), the Secretary of 
Energy may use funds appropriated by this Act to enter into or continue 
multi-year contracts for the acquisition of property or services under 
the head, ``Energy Supply'' without obligating the estimated costs 
associated with any necessary cancellation or termination of the 
contract. The Secretary of Energy may pay costs of termination or 
cancellation from--
        (1) appropriations originally available for the performance of 
    the contract concerned;
        (2) appropriations currently available for procurement of the 
    type of property or services concerned, and not otherwise 
    obligated; or
        (3) funds appropriated for those payments.
    Sec. 308. Of the funds in this Act provided to government-owned, 
contractor-operated laboratories, not to exceed 4 percent shall be 
available to be used for Laboratory Directed Research and Development: 
Provided, That none of the funds in the Environmental Management 
programs are available for Laboratory Directed Research and 
Development.
    Sec. 309. (a) Of the funds appropriated by this title to the 
Department of Energy, not more than $150,000,000 shall be available for 
reimbursement of management and operating contractor travel expenses.
    (b) Funds appropriated by this title to the Department of Energy 
may be used to reimburse a Department of Energy management and 
operating contractor for travel costs of its employees under the 
contract only to the extent that the contractor applies to its 
employees the same rates and amounts as those that apply to Federal 
employees under subchapter I of chapter 57 of title 5, United States 
Code, or rates and amounts established by the Secretary of Energy. The 
Secretary of Energy may provide exceptions to the reimbursement 
requirements of this section as the Secretary considers appropriate.
    Sec. 310. (a) None of the funds in this Act or any future Energy 
and Water Development Appropriations Act may be expended after December 
31 of each year under a covered contract unless the funds are expended 
in accordance with a Laboratory Funding Plan that has been approved by 
the Secretary of Energy. At the beginning of each fiscal year, the 
Secretary shall issue directions to the laboratories for the programs, 
projects, and activities to be conducted in that fiscal year. The 
Secretary and the Laboratories shall devise a Laboratory Funding Plan 
that identifies the resources needed to carry out these programs, 
projects, and activities. Funds shall be released to the Laboratories 
only after the Secretary has approved the Laboratory Funding Plan. The 
Secretary of Energy may provide exceptions to this requirement as the 
Secretary considers appropriate.
    (b) For purposes of this section, ``covered contract'' means a 
contract for the management and operation of the following 
laboratories: Argonne National Laboratory, Brookhaven National 
Laboratory, Idaho National Engineering and Environmental Laboratory, 
Lawrence Berkeley National Laboratory, Lawrence Livermore National 
Laboratory, Los Alamos National Laboratory, Oak Ridge National 
Laboratory, Pacific Northwest National Laboratory, and Sandia National 
Laboratories.
    Sec. 311. As part of the Department of Energy's approval of 
laboratory funding for prime contractors responsible for management of 
Department of Energy sites and facilities, the Secretary shall review 
and approve the incentive structure for contractor fees, the amounts of 
award fees to be made available for next year, the allowable salaries 
of first and second tier laboratory management, and the overhead 
expenditures. The Secretary of Energy may provide exceptions to this 
requirement as the Secretary considers appropriate.
    Sec. 312. None of the funds provided in this Act may be used to 
establish or maintain independent centers at a Department of Energy 
laboratory or facility unless such funds have been specifically 
identified in the budget submission.
    Sec. 313. None of the funds made available in this or any other Act 
may be used to restart the High Flux Beam Reactor.
    Sec. 314. No funds are provided in this Act or any other Act for 
the Administrator of the Bonneville Power Administration 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 that such services are not 
available from private sector businesses.
    Sec. 315. None of the funds in this Act may be used to dispose of 
transuranic waste in the Waste Isolation Pilot Plant which contains 
concentrations of plutonium in excess of 20 percent by weight for the 
aggregate of any material category on the date of the enactment of this 
Act, or is generated after such date.
    Sec. 316. Limiting the Inclusion of Costs of Protection of, 
Mitigation of Damage to, and Enhancement of Fish and Wildlife, Within 
Rates Charged by the Bonneville Power Administration, to the Rate 
Period in Which the Costs are Incurred. Section 7 of the Pacific 
Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839e) 
is amended by adding at the end the following:
    ``(n) Limiting the Inclusion of Costs of Protection of, Mitigation 
of Damage to, and Enhancement of Fish and Wildlife, Within Rates 
Charged by the Bonneville Power Administration, to the Rate Period in 
Which the Costs are Incurred.--Notwithstanding any other provision of 
this section, rates established by the Administrator, under this 
section shall recover costs for protection, mitigation and enhancement 
of fish and wildlife, whether under the Pacific Northwest Electric 
Power Planning and Conservation Act or any other Act, not to exceed 
such amounts the Administrator forecasts will be expended during the 
fiscal year 2002-2006 rate period, while preserving the Administrator's 
ability to establish appropriate reserves and maintain a high Treasury 
payment probability for the subsequent rate period.''.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    APPALACHIAN REGIONAL COMMISSION

    For expenses necessary to carry out the programs authorized by the 
Appalachian Regional Development Act of 1965, as amended, 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, 
$66,400,000, to remain available until expended.

                DEFENSE NUCLEAR FACILITIES SAFETY BOARD

                         Salaries and Expenses

    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, $17,000,000, to 
remain available until expended.

                           DENALI COMMISSION

    For expenses of the Denali Commission including the purchase, 
construction and acquisition of plant and capital equipment as 
necessary and other expenses, $20,000,000, to remain available until 
expended.

                     NUCLEAR REGULATORY COMMISSION

                         Salaries and Expenses

    For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974, as amended, and the 
Atomic Energy Act of 1954, as amended, including official 
representation expenses (not to exceed $15,000), $465,000,000, to 
remain available until expended: Provided, That of the amount 
appropriated herein, $19,150,000 shall be derived from the Nuclear 
Waste Fund: Provided further, That revenues from licensing fees, 
inspection services, and other services and collections estimated at 
$442,000,000 in fiscal year 2000 shall be retained and used for 
necessary salaries and expenses in this account, notwithstanding 31 
U.S.C. 3302, and shall remain available until expended: Provided 
further, That $3,850,000 of the funds herein appropriated for 
regulatory reviews and other assistance provided to the Department of 
Energy and other Federal agencies shall be excluded from license fee 
revenues, notwithstanding 42 U.S.C. 2214: Provided further, That the 
sum herein appropriated shall be reduced by the amount of revenues 
received during fiscal year 2000 so as to result in a final fiscal year 
2000 appropriation estimated at not more than $23,000,000.

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $5,000,000, to remain available until expended: Provided, That 
the sum herein appropriated shall be reduced by the amount of revenues 
received during fiscal year 2000 so as to result in a final fiscal year 
2000 appropriation estimated at not more than $0.

                  NUCLEAR WASTE TECHNICAL REVIEW BOARD

                         Salaries and Expenses

    For necessary expenses of the Nuclear Waste Technical Review Board, 
as authorized by section 5051 of Public Law 100-203, $2,600,000, to be 
derived from the Nuclear Waste Fund, and to remain available until 
expended.

                       TENNESSEE VALLEY AUTHORITY

    The Tennessee Valley Authority is directed to use up to $3,000,000 
from previously appropriated funds to pay any necessary transition 
costs for Land Between the Lakes.

                          TITLE V--RESCISSIONS

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil


                          General Investigations

                              (Rescissions)

    Of the funds made available under this heading in Public Law 105-
245 and prior Energy and Water Development Acts, the following amounts 
are hereby rescinded in the amounts specified:
        Calleguas Creek, California, $271,100;
        San Joaquin, Caliente Creek, California, $155,400;
        Buffalo Small Boat Harbor, New York, $15,100;
        City of Buffalo, New York, $4,000;
        Geneva State Park, Ohio Shoreline Protection, $91,000;
        Clinton River Spillway, Michigan, $50,000;
        Lackawanna River Basin Greenway Corridor, Pennsylvania, 
    $217,900; and
        Red River Waterway, Index, Arkansas, to Denison Dam, Texas, 
    $125,000.


                          Construction, General

                              (Rescissions)

    Of the funds made available under this heading in Public Law 105-
245, and prior Energy and Water Development Acts, the following amounts 
are hereby rescinded in the amounts specified:
        Sacramento River Flood Control Project, California 
    (Deficiency Correction), $1,500,000;
        Melaleuca Quarantine Facility, Florida, $295,000;
        Lake George, Hobart, Indiana, $3,484,000;
        Anacostia River (Section 1135), Maryland, $1,534,000;
        Sowashee Creek, Meridian, Mississippi, $2,537,000;
        Platte River Flood and Streambank Erosion Control, Nebraska, 
    $1,409,000;
        Rochester Harbor, New York, $1,842,000;
        Columbia River, Seafarers Museum, Hammond, Oregon, $98,000; and
        Quonset Point, Davisville, Rhode Island, $120,000.

                          DEPARTMENT OF ENERGY

      Operation and Maintenance, Southeastern Power Administration


                               (rescission)

    Of the funds made available under this heading in Public Law 105-
245 and prior Energy and Water Development Acts, $3,000,000, are 
rescinded.

                         Nuclear Waste Disposal


                               (rescission)

    Of the funds made available under the heading ``Department of 
Energy--Energy Programs--Nuclear Waste Disposal Fund'' in the Energy 
and Water Development Appropriations Act, 1998 (Public Law 105-62), 
$4,000,000 is rescinded, to be derived from the amount specified under 
such heading for the Nuclear Regulatory Commission to license a multi-
purpose canister design.

                      TITLE VI--GENERAL PROVISIONS

    Sec. 601. 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 Members of Congress as described in section 1913 
of title 18, United States Code.
    Sec. 602. (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the Congress that, to the greatest extent practicable, 
all equipment and products purchased with funds made available in this 
Act should be American-made.
     (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
     (c) Prohibition of Contracts With Persons Falsely Labeling 
Products as Made in America.--If it has been finally determined by a 
court or Federal agency that any person intentionally affixed a label 
bearing a ``Made in America'' inscription, or any inscription with the 
same meaning, to any product sold in or shipped to the United States 
that is not made in the United States, the person shall be ineligible 
to receive any contract or subcontract made with funds made available 
in this Act, pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 48, Code 
of Federal Regulations.
    Sec. 603. (a) None 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 Luis Unit until 
development by the Secretary of the Interior 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 Administrator 
of the Environmental Protection Agency, to minimize any detrimental 
effect of the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program and the 
costs of the San Joaquin Valley Drainage 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 1995'', 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. 604. Section 6101(a)(3) of the Omnibus Budget Reconciliation 
Act of 1990, as amended (42 U.S.C. 2214(a)(3)) is amended by striking 
``September 30, 1999'' and inserting ``September 30, 2000''.
    Sec. 605. Title VI, division C, of Public Law 105-277, Making 
Omnibus Consolidated and Emergency Supplemental Appropriations for 
Fiscal Year 1999, is repealed.
    Sec. 606. Section 211(e)(2)(A) of the Water Resources Development 
Act of 1996 (Public Law 104-303, 110 Stat. 3682) is amended by striking 
``in advance in appropriations Acts''.
    Sec. 607. None of the funds appropriated by this Act shall be used 
to propose or issue rules, regulations, decrees, or orders for the 
purpose of implementation, or in preparation for implementation, of the 
Kyoto Protocol which was adopted on December 11, 1997, in Kyoto, Japan 
at the Third Conference of the Parties to the United Nations Framework 
Convention on Climate Change, which has not been submitted to the 
Senate for advice and consent to ratification pursuant to article II, 
section 2, clause 2, of the United States Constitution, and which has 
not entered into force pursuant to article 25 of the Protocol.
    Sec. 608. United States Enrichment Corporation Fund. (a) 
Withdrawals.--Subsections (b) and (c) of section 1 of Public Law 105-
204 (112 Stat. 681) are amended by striking ``fiscal year 2000'' and 
inserting ``fiscal year 2002''.
    (b) Investment of Amounts in the United States Enrichment 
Corporation Fund.--
        (1) In general.--The Secretary of the Treasury shall invest 
    such portion of the United States Enrichment Corporation Fund as is 
    not, in the judgment of the Secretary, required to meet current 
    withdrawals. Investments may be made only in interest-bearing 
    obligations of the United States.
        (2) Acquisition of obligations.--For the purpose of investments 
    under paragraph (1), obligations may be acquired--
            (A) on original issue at the issue price; or
            (B) by purchase of outstanding obligations at the market 
        price.
        (3) Sale of obligations.--Any obligation acquired by the Fund 
    may be sold by the Secretary of the Treasury at the market price.
        (4) Credits to fund.--The interest on, and the proceeds from 
    the sale or redemption of, any obligations held in the Fund shall 
    be credited to and form a part of the Fund.
    Sec. 609. Lake Cascade. (a) Designation.--The reservoir commonly 
known as the ``Cascade Reservoir'', created as a result of the building 
of the Cascade Dam authorized by the matter under the heading ``bureau 
of reclamation'' of the fifth section of the Interior Department 
Appropriation Act, 1942 (55 Stat. 334, chapter 259) for the Boise 
Project, Idaho, Payette division, is redesignated as ``Lake Cascade''.
    (b) References.--Any reference in any law, regulation, document, 
record, map, or other paper of the United States to ``Cascade 
Reservoir'' shall be considered to be a reference to ``Lake Cascade''.
    Sec. 610. Section 4(h)(10)(D) of the Pacific Northwest Electric 
Power Planning and Conservation Act (16 U.S.C. 839b(h)(10)(D)) is 
amended by striking clauses (vii) and (viii) and inserting the 
following:
    ``(vii) Cost limitation.--The annual cost of this provision shall 
not exceed $500,000 in 1997 dollars.''.
    Sec. 611. (a) The Secretary of the Army, acting through the Chief 
of Engineers, in carrying out the program known as the Formerly 
Utilized Sites Remedial Action Program, shall undertake the following 
functions and activities to be performed at eligible sites where 
remediation has not been completed:
        (1) Sampling and assessment of contaminated areas.
        (2) Characterization of site conditions.
        (3) Determination of the nature and extent of contami-
    nation.
        (4) Selection of the necessary and appropriate response actions 
    as the lead Federal agency.
        (5) Cleanup and closeout of sites.
        (6) Any other functions and activities determined by the 
    Secretary of the Army, acting through the Chief of Engineers, as 
    necessary for carrying out that program, including the acquisition 
    of real estate interests where necessary, which may be transferred 
    upon completion of remediation to the administrative jurisdiction 
    of the Secretary of Energy.
    (b) Any response action under that program by the Secretary of the 
Army, acting through the Chief of Engineers, shall be subject to the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.) (in this section referred to as 
``CERCLA''), and the National Oil and Hazardous Substances Pollution 
Contingency Plan (40 CFR 300).
    (c) Any sums recovered under CERCLA or other authority from a 
liable party, contractor, insurer, surety, or other person for any 
expenditures by the Army Corps of Engineers or the Department of Energy 
for response actions under that program shall be credited to the 
amounts made available to carry out that program and shall be available 
until expended for costs of response actions for any eligible site.
    (d) The Secretary of Energy may exercise the authority under 
section 168 of the Atomic Energy Act of 1954 (42 U.S.C. 2208) to make 
payments in lieu of taxes for federally owned property at which 
activities under that program are carried out, regardless of which 
Federal agency has administrative jurisdiction over the property and 
notwithstanding any reference to ``the activities of the Commission'' 
in that section.
    (e) This section does not alter, curtail, or limit the authorities, 
functions, or responsibilities of other agencies under CERCLA or, 
except as stated in this section, under the Atomic Energy Act of 1954 
(42 U.S.C. 2011 et seq.).
    (f) This section shall apply to fiscal year 2000 and each 
succeeding fiscal year.
    This Act may be cited as the ``Energy and Water Development 
Appropriations Act, 2000''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.