[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2605 Public Print (PP)]
1st Session
H. R. 2605
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 1999
Ordered to be printed with the amendments of the Senate numbered
_______________________________________________________________________
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,
(1)<DELETED>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:
<DELETED>TITLE I</DELETED>
<DELETED>DEPARTMENT OF DEFENSE--CIVIL</DELETED>
<DELETED>DEPARTMENT OF THE ARMY</DELETED>
<DELETED>Corps of Engineers--Civil</DELETED>
<DELETED> 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.</DELETED>
<DELETED>General Investigations</DELETED>
<DELETED> 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, $158,993,000, 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.</DELETED>
<DELETED>Construction, General</DELETED>
<DELETED> 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), $1,412,591,000, 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:</DELETED>
<DELETED> Indianapolis Central Waterfront, Indiana,
$10,991,000;</DELETED>
<DELETED> Harlan/Clover Fork, 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; and</DELETED>
<DELETED> Passaic River Streambank Restoration, New Jersey,
$8,000,000.</DELETED>
<DELETED>Flood Control, Mississippi River and Tributaries, Arkansas,
Illinois, Kentucky, Louisiana, Mississippi, Missouri, and
Tennessee</DELETED>
<DELETED> 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), $313,324,000, to remain available until
expended.</DELETED>
<DELETED>Operation and Maintenance, General</DELETED>
<DELETED> 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,
$1,888,481,000, 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.</DELETED>
<DELETED>Regulatory Program</DELETED>
<DELETED> 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, the results
of which shall be considered final agency action under the
Administrative Procedures Act: 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: Provided further, That none
of the funds made available under this Act may be used by the Secretary
of the Army to promulgate or implement such replacement permits unless
and until 30 days prior to the final publication of the proposed
replacement permits for the nationwide permit 26 under section 404 of
the Clean Water Act the Secretary of the Army, acting through the Chief
of Engineers, has submitted the aforementioned studies and analyses not
later than December 30, 1999 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: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, shall not terminate the current
nationwide permit 26 unless and until the aforementioned report has
been submitted 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.</DELETED>
<DELETED>Formerly Utilized Sites Remedial Action Program</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED>General Expenses</DELETED>
<DELETED> 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, $148,000,000, 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: Provided further, That none of these funds shall be used to
support more than one regional office in each Corps of Engineers
division, which office shall serve as divisional
headquarters.</DELETED>
<DELETED>Administrative Provision</DELETED>
<DELETED> 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.</DELETED>
<DELETED>TITLE II</DELETED>
<DELETED>DEPARTMENT OF THE INTERIOR</DELETED>
<DELETED>Central Utah Project</DELETED>
<DELETED>central utah project completion account</DELETED>
<DELETED> 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, $35,907,000, 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.</DELETED>
<DELETED> In addition, for necessary expenses incurred in carrying
out related responsibilities of the Secretary of the Interior,
$1,283,000, to remain available until expended.</DELETED>
<DELETED>Bureau of Reclamation</DELETED>
<DELETED> The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:</DELETED>
<DELETED>water and related resources</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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, $604,910,000, 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.</DELETED>
<DELETED>bureau of reclamation loan program account</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>central valley project restoration fund</DELETED>
<DELETED> For carrying out the programs, projects, plans, and
habitat restoration, improvement, and acquisition provisions of the
Central Valley Project Improvement Act, $47,346,000, 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.</DELETED>
<DELETED>california bay-delta restoration</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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 storage, 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, $75,000,000, to remain available until expended, of
which $45,000,000 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 $7,000,000 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.</DELETED>
<DELETED>policy and administration</DELETED>
<DELETED> 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, $45,000,000, 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.</DELETED>
<DELETED>administrative provision</DELETED>
<DELETED> Appropriations for the Bureau of Reclamation shall be
available for purchase of not to exceed six passenger motor vehicles
for replacement only.</DELETED>
<DELETED>TITLE III</DELETED>
<DELETED>DEPARTMENT OF ENERGY</DELETED>
<DELETED>ENERGY PROGRAMS</DELETED>
<DELETED>Energy Supply</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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,
$583,399,953 (increased by $30,000,000), 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.</DELETED>
<DELETED>Non-Defense Environmental Management</DELETED>
<DELETED> 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, $327,223,000, to remain
available until expended.</DELETED>
<DELETED>Uranium Enrichment Decontamination and Decommissioning
Fund</DELETED>
<DELETED> 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, $240,198,000, 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.</DELETED>
<DELETED>Science</DELETED>
<DELETED> 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, $2,718,647,000, to remain available until
expended.</DELETED>
<DELETED>Nuclear Waste Disposal</DELETED>
<DELETED> 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, $169,000,000, to
remain available until expended, to be derived from the Nuclear Waste
Fund: Provided, That none of the funds provided therein shall be
distributed to the State of Nevada or affected units of local
government (as defined by Public Law 97-425) by direct payment, grant,
or other means, for financial assistance under section 116 of the
Nuclear Waste Policy Act of 1982, as amended: Provided further, That
the foregoing proviso shall not apply to payments in lieu of taxes
under section 116(c)(3)(A) of the Nuclear Waste Policy Act of 1982, as
amended.</DELETED>
<DELETED>Departmental Administration</DELETED>
<DELETED> 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), $193,769,000, 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
$86,882,000.</DELETED>
<DELETED>Office of the Inspector General</DELETED>
<DELETED> For necessary expenses of the Office of the Inspector
General in carrying out the provisions of the Inspector General Act of
1978, as amended, $30,000,000, to remain available until
expended.</DELETED>
<DELETED>ATOMIC ENERGY DEFENSE ACTIVITIES</DELETED>
<DELETED>Weapons Activities</DELETED>
<DELETED> 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),
$4,000,000,000 (reduced by $37,500,000), to remain available until
expended: Provided, That, of this amount, $1,000,000,000 shall not be
available for obligation or expenditure until after June 30, 2000, and
until legislation has been enacted restructuring the national security
programs of the Department of Energy or establishing an independent
agency for national security programs.</DELETED>
<DELETED>Defense Environmental Restoration and Waste
Management</DELETED>
<DELETED> 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, $4,157,758,000, to remain available until
expended.</DELETED>
<DELETED>Defense Facilities Closure Projects</DELETED>
<DELETED> 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, $1,054,492,000, to remain available until
expended.</DELETED>
<DELETED>Defense Environmental Management Privatization</DELETED>
<DELETED> 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.), $228,000,000, to remain available until
expended.</DELETED>
<DELETED>Other Defense Activities</DELETED>
<DELETED> 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, $1,651,809,000, to remain
available until expended: Provided, That not to exceed $5,000 may be
used for official reception and representation expenses for national
security and nonproliferation activities.</DELETED>
<DELETED>Defense Nuclear Waste Disposal</DELETED>
<DELETED> 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.</DELETED>
<DELETED>POWER MARKETING ADMINISTRATIONS</DELETED>
<DELETED>Bonneville Power Administration Fund</DELETED>
<DELETED> 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.</DELETED>
<DELETED> During fiscal year 2000, no new direct loan obligations
may be made.</DELETED>
<DELETED>Operation and Maintenance, Southwestern Power
Administration</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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, $27,940,000, 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.</DELETED>
<DELETED>Construction, Rehabilitation, Operation and Maintenance,
Western Area Power Administration</DELETED>
<DELETED> 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, $171,471,000, to remain
available until expended, of which $160,286,000 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.</DELETED>
<DELETED>Falcon and Amistad Operating and Maintenance Fund</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Federal Energy Regulatory Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>GENERAL PROVISIONS</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> Sec. 303. None of the funds appropriated by this Act may
be used to--</DELETED>
<DELETED> (1) develop or implement a workforce restructuring
plan that covers employees of the Department of Energy;
or</DELETED>
<DELETED> (2) provide enhanced severance payments or other
benefits for employees of the Department of Energy,</DELETED>
<DELETED>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).</DELETED>
<DELETED> Sec. 304. None of the funds appropriated by this Act may
be used to augment the $20,000,000 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).</DELETED>
<DELETED> 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.</DELETED>
<DELETED>(transfers of unexpended balances)</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) appropriations originally available for the
performance of the contract concerned;</DELETED>
<DELETED> (2) appropriations currently available for
procurement of the type of property or services concerned, and
not otherwise obligated; or</DELETED>
<DELETED> (3) funds appropriated for those
payments.</DELETED>
<DELETED> Sec. 308. None of the funds in this Act may be used for
Laboratory Directed Research and Development or Director's
Discretionary Research and Development.</DELETED>
<DELETED> Sec. 309. Of the funds appropriated by this title to the
Department of Energy, not more than $125,000,000 shall be available for
reimbursement of contractor travel expenses.</DELETED>
<DELETED> Sec. 310. (a) None of the funds in this Act or any future
Energy and Water Development Appropriations Act may be expended 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. The Plan shall be submitted on a quarterly basis, or at such
intervals as may be prescribed by the Secretary. The Secretary's
approval of the Plan may include adjusting or deleting particular items
or categories of items proposed in the Plan.</DELETED>
<DELETED> (b) For purposes of this section, ``covered contract''
means a contract for the management and operation of the Los Alamos
National Laboratory, Lawrence Livermore National Laboratory, or Sandia
National Laboratories.</DELETED>
<DELETED> Sec. 311. As part of the Department of Energy's approval
of laboratory funding for Los Alamos National Laboratory, Lawrence
Livermore National Laboratory, and Sandia National Laboratories, the
Secretary shall review and approve the incentive structure for
contractor fees, the amounts of award fees to be made available for the
next year, the salaries of first and second tier laboratory management,
and the overhead costs.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 313. None of the funds provided in this Act may be
used to waive overhead or added factor charges for work performed for
other Federal agencies or for other Department of Energy
programs.</DELETED>
<DELETED> Sec. 314. Sec. 505 of Public Law 102-377, the Fiscal Year
1993 Energy and Water Development Appropriations Act, and section 208
of Public Law 99-349, the Urgent Supplemental Appropriations Act, 1986,
are repealed.</DELETED>
<DELETED> Sec. 315. None of the funds made available in this or any
other Act may be used to restart the High Flux Beam Reactor.</DELETED>
<DELETED> Sec. 316. None of the funds provided in this or any other
Act may be used by the Federal power marketing administrations for
construction, expansion or upgrades of fiber optic telecommunication
lines, associated facilities or purchase of equipment directly related
to such efforts, except for fiber optic cable that is necessary for the
foreseeable future for internal management of programs of the Federal
power marketing administrations. Federal power marketing
administrations shall apply any reduction in spending resulting from
the restrictions in the section to the reduction of debt of the Federal
power marketing administration.</DELETED>
<DELETED> Sec. 317. None of the funds provided in this or any other
Act may be used by the Federal power marketing administrations
to:</DELETED>
<DELETED> (1) rent or sell construction equipment;</DELETED>
<DELETED> (2) provide construction, equipment, operation,
maintenance or repair services;</DELETED>
<DELETED> (3) perform contract construction work;</DELETED>
<DELETED> (4) provide a construction engineering service;
or</DELETED>
<DELETED> (5) provide financing or leasing services for
construction, maintenance, operational or engineering services
to any private utility, wholesale or retail customer (other
than those existing retail customers served by the Federal
power marketing administration prior to the date of the
enactment of this provision), publicly-owned utility, Federal
agency, or state or local government entity. The Federal power
marketing administrations may provide equipment or a service to
a private contractor that is engaged in electrical work on an
electrical utility project of the Federal power marketing
administration. As used in this section, the term ``used
construction equipment'' means construction equipment that has
been in service for more than 2,500 hours. Any Federal power
marketing administration may dispose of used construction
equipment by means of a public auction conducted by a private
entity that is independent of the Federal power marketing
administration. Federal power marketing administrations shall
apply all proceeds of a disposition of used construction
equipment to the reduction of debt of the Federal power
marketing administration.</DELETED>
<DELETED>TITLE IV</DELETED>
<DELETED>INDEPENDENT AGENCIES</DELETED>
<DELETED>APPALACHIAN REGIONAL COMMISSION</DELETED>
<DELETED> 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, $60,000,000, to remain available until
expended.</DELETED>
<DELETED>DEFENSE NUCLEAR FACILITIES SAFETY BOARD</DELETED>
<DELETED>Salaries and Expenses</DELETED>
<DELETED> 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,
$16,500,000, to remain available until expended.</DELETED>
<DELETED>DENALI COMMISSION</DELETED>
<DELETED>(rescission)</DELETED>
<DELETED> Of the funds made available under this heading in Public
Law 105-245, $18,000,000 is rescinded.</DELETED>
<DELETED>NUCLEAR REGULATORY COMMISSION</DELETED>
<DELETED>Salaries and Expenses</DELETED>
<DELETED> 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), $455,400,000, 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
$432,400,000 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.</DELETED>
<DELETED>Office of the Inspector General</DELETED>
<DELETED> For necessary expenses of the Office of the Inspector
General in carrying out the provisions of the Inspector General Act of
1978, as amended, $6,000,000, 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.</DELETED>
<DELETED>NUCLEAR WASTE TECHNICAL REVIEW BOARD</DELETED>
<DELETED>Salaries and Expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>TITLE V--GENERAL PROVISIONS</DELETED>
<DELETED> Sec. 501. 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.</DELETED>
<DELETED> Sec. 502. (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> Sec. 503. (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> Sec. 504. 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''.</DELETED>
<DELETED> Sec. 505. Title VI, division C, of Public Law 105-277,
Making Omnibus Consolidated and Emergency Supplemental Appropriations
for Fiscal Year 1999, is repealed.</DELETED>
<DELETED> Sec. 506. 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''.</DELETED>
<DELETED> Sec. 507. 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.</DELETED>
<DELETED> This Act may be cited as the ``Energy and Water
Development Appropriations Act, 2000''.</DELETED>
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, $125,459,000, to remain available until expended, of
which funds are provided for the following projects in the amounts
specified:
Yellowstone River at Glendive, Montana Study, $150,000;
Great Egg Harbor Inlet to Townsend's Inlet, New Jersey,
$226,000; and
Project for flood control, Park River, Grafton, North
Dakota, general reevaluation report, using current data, to
determine whether the project is technically sound,
environmentally acceptable, and economically justified,
$50,000:
Provided, That the Secretary of the Army is directed to use $328,000 of
the funds appropriated herein to implement section 211(f)(7) of Public
Law 104-303 (110 Stat. 3684) and to reimburse the non-Federal sponsor a
portion of the Federal share of project costs for the Hunting Bayou
element of the project for flood control, Buffalo Bayou and
tributaries, Texas.
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), $1,086,586,000, 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, Part 1 and Part 2, Mississippi River, Illinois and
Missouri; and Lock and Dam 3, Mississippi River, Minnesota, London Lock
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:
Norco Bluffs, California, $2,200,000;
Brevard County, Florida (Shore Protection), $1,000,000;
Everglades and South Florida Ecosystem Restoration,
Florida, $14,100,000;
St. John's County, Florida (Shore Protection), $1,000,000;
Indianapolis Central Waterfront, Indiana, $3,000,000;
Ohio River Flood Protection, Indiana, $1,000,000;
Jackson County, Mississippi, $800,000;
Minnish Waterfront Park project, Passaic River, New Jersey,
$1,500,000
Virginia Beach, Virginia (Hurricane Protection),
$17,000,000;
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;
and
Lake St. Clair, Metro Beach, Michigan, section 206 project,
$100,000:
Provided, That the Secretary of the Army is directed to use $9,000,000
of the funds appropriated herein to implement section 211(f)(6) of
Public Law 104-303 (110 Stat. 3683) and to reimburse the non-Federal
sponsor a portion of the Federal share of project construction costs
for the flood control components comprising the Brays Bayou element of
the project for flood control, Buffalo Bayou and tributaries, Texas:
Provided further, That the Secretary of the Army, acting through the
Chief of Engineers, is directed to use $2,000,000 provided herein to
construct bluff stabilization measures at authorized locations for
Natchez Bluff, Mississippi: Provided further, 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 using $200,000 of the funds provided herein, the Secretary of the
Army, acting through the Chief of Engineers, is directed to initiate a
Detailed Project Report for the Dickenson County, Virginia, element of
the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland
River, West Virginia, Virginia and Kentucky, project: Provided further,
That $100,000 of the funding appropriated herein for section 107
navigation projects may be used by the Corps of Engineers to produce a
decision document, and, if favorable, signing a project cost sharing
agreement with a non-Federal project sponsor for the Rochester Harbor,
New York (CSX Swing Bridge), project: 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: 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, 702g-1), $315,630,000, 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,
$1,790,043,000, to remain available until expended, 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, and of which $1,500,000 shall be
available for development of technologies for control of zebra mussels
and other aquatic nuisance species in and around public 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:
Provided further, That the Secretary of the Army, acting through the
Chief of Engineers, shall use $100,000 of available funds to study the
economic justification and environmental acceptability, in accordance
with section 509(a) of Public Law 104-303, of maintaining the Matagorda
Ship Channel, Point Comfort Turning Basin, Texas, project, and to use
available funds to perform any required maintenance in fiscal year 2000
once the Secretary determines such maintenance is justified and
acceptable as required by Public Law 104-303: Provided further, That
the Secretary of the Army, acting through the Chief of Engineers, may
use not to exceed $300,000 for expenses associated with the
commemoration of the Lewis and Clark Bicentennial.
Regulatory Program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $115,000,000, 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.
Formerly Utilized Sites Remedial Action Program
(including transfer of funds)
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: Provided, That the United States Army Corps
of Engineers under this program shall undertake the following functions
and activities to be performed at eligible sites where remediation has
not been completed: sampling and assessment of contaminated areas,
characterization of site conditions, determination of the nature and
extent of contamination, selection of the necessary and appropriate
response actions as the lead Federal agency, cleanup and closeout of
sites, and any other functions and activities determined by the Chief
of Engineers as necessary for carrying out this program, including the
acquisition of real estate interests where necessary, which may be
transferred upon completion of remediation to the administrative
jurisdiction of the Department of Energy: Provided further, That
response actions by the United States Army Corps of Engineers under
this program shall be subject to the Comprehensive Environmental
Response, Compensation and Liability Act (42 U.S.C. 9601 et seq.), and
the National Oil and Hazardous Substances Pollution Contingency Plan,
40 CFR, Chapter 1, Part 300: Provided further, That these provisions do
not alter, curtail or limit the authorities, functions or
responsibilities of other agencies under CERCLA or, except as stated
herein, under the Atomic Energy Act (42 U.S.C. 2011 et seq.): Provided
further, That 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 the Formerly Utilized Sites Remedial Action
Program shall be credited to this account and will be available until
expended for response action costs for any eligible site: Provided
further, That the Secretary of Energy may exercise the authority of 42
U.S.C. 2208 to make payments in lieu of taxes for federally-owned
property where Formerly Utilized Sites Remedial Action Program
activities are conducted, regardless of which Federal agency has
administrative jurisdiction over the property and notwithstanding
references to ``the activities of the Commission'' in 42 U.S.C. 2208.
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; $151,000,000, 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.
Revolving Fund
Using amounts available in the Revolving Fund, the Secretary of the
Army is authorized to renovate office space in the General Accounting
Office (GAO) headquarters building in Washington, D.C., for use by the
Corps and GAO. The Secretary shall ensure that the Revolving Fund is
appropriately reimbursed from appropriations of the Corps' benefitting
programs by collection each year of amounts sufficient to repay the
capitalized cost of such renovation and through rent reductions or
rebates from GAO.
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 U.S. Army Corps of
Engineers after the date of 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; and section
211 of the Water Resources Development Act of 1996, Public Law 104-303,
shall be limited to a single agreement per project, 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.
Sec. 104. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and
State of South Dakota Terrestrial Wildlife Habitat Restoration. (a) In
General.--The Secretary of the Army shall continue to fund wildlife
habitat mitigation work for the Cheyenne River Sioux Tribe, Lower Brule
Sioux Tribe, and State of South Dakota at levels previously funded
through the Pick-Sloan operations and maintenance account.
(b) Contracts.--With $3,000,000 made available under the heading
``Construction, General'', the Secretary of the Army shall fund
activities authorized under title VI of division C of Public Law 105-
277 (112 Stat. 2681-660 through contracts with the Cheyenne River Sioux
Tribe, Lower Brule Sioux Tribe, and State of South Dakota.
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 $17,047,000 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 $12,047,000 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
For carrying out the functions of the Bureau of Reclamation as
provided in the Federal reclamation laws (Act of June 17, 1902, 32
Stat. 388, and Acts amendatory thereof or supplementary thereto) and
other Acts applicable to that Bureau as follows:
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,
$612,451,000, to remain available until expended, of which $150,000
shall be available for the Lake Andes-Wagner/Marty II demonstration
program authorized by the Lake Andes-Wagner/Marty II Act of 1992 (106
Stat. 4677), of which $2,247,000 shall be available for transfer to the
Upper Colorado River Basin Fund and $24,326,000 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 $2,000,000 (October 1998 prices): Provided
further, That $500,000 of the funding appropriated herein is provided
for the Walker River Basin, Nevada project, including not to exceed
$200,000 for the Federal assessment team for the purpose of conducting
a comprehensive study of Walker River Basin issues: Provided further,
That the Secretary of the Interior may provide $2,865,000 from funds
appropriated herein for environmental restoration at Fort Kearny,
Nebraska.
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, $37,346,000, 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,
$50,000,000, to remain available until expended, of which $30,000,000
shall be used for ecosystem restoration activities and $20,000,000
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 $2,500,000 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, $49,000,000, 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. Advance payments made under this title to Indian tribes,
tribal organizations, and tribal consortia pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.) or
the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.)
may be invested by the Indian tribe, tribal organization, or consortium
before such funds are expended for the purposes of the grant, compact,
or annual funding agreement so long as such funds are:
(1) invested by the Indian tribe, tribal organization, or
consortium only in obligations of the United States, or in
obligations or securities that are guaranteed or insured by the
United States, or mutual (or other) funds registered with the
Securities and Exchange Commission and which only invest in
obligations of the United States or securities that are
guaranteed or insured by the United States; or
(2) deposited only into accounts that are insured by an
agency or instrumentality of the United States, or are fully
collateralized to ensure protection of the Funds, even in the
event of a bank failure.
Sec. 202. Appropriations for the Bureau of Reclamation shall be
available for purchase of not to exceed seven passenger motor vehicles
for replacement only.
Sec. 203. Funds under this title for Drought Emergency Assistance
shall only be made available for the 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 expenses of the Department of Energy activities 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 1 passenger motor vehicle for replacement
only, $721,233,000, of which $821,000 shall be derived by transfer from
the Geothermal Resources Development Fund, and $5,000,000 shall be
derived by transfer from the United States Enrichment Corporation Fund:
Provided, That, $15,000,000, of which $10,000,000 shall be derived from
reductions in contractor travel balances, shall be available for
civilian research and development.
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, $327,922,000, 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, $200,000,000, to be
derived from the Fund, to remain available until expended: Provided,
That $25,000,000 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 expenses of the Department of Energy activities 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 6 passenger
motor vehicles for replacement only, $2,725,069,000, to remain
available until expended, of which $3,000,000 shall be used for Boston
College research in high temperature superconductivity and of which
$5,000,000 shall be used for the University of Missouri research
reactor project: Provided, That of the amount provided, $2,000,000 may
be available to the Natural Energy Laboratory of Hawaii, for the
purpose of monitoring ocean climate change indicators.
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, $242,500,000 to be
derived from the Nuclear Waste Fund: Provided, That not to exceed
$4,727,000 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), $219,415,000, 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
$116,887,000 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
$102,528,000.
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, $29,000,000, 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 3 for replacement only),
$4,609,832,000, 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: Provided further, That,
$10,000,000 of the amount provided for stockpile stewardship shall be
available to provide laboratory and facility capabilities in
partnership with small businesses for either direct benefit to Weapons
Activities or regional economic development.
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 passenger motor vehicles (not to exceed
35 for replacement only), $4,551,676,000, to remain available until
expended: Provided, That of the amount provided for site completion,
$1,306,000 shall be for project 00-D-400, CFA Site Operations Center,
Idaho National Engineering and Environmental Laboratory, Idaho.
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, $1,069,492,000, 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.), $228,000,000, 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, $1,872,000,000, to remain
available until expended: Provided, That not to exceed $3,000 may be
used for official reception and representation expenses for
transparency activities and not to exceed $2,000 for the same purpose
for 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, $112,500,000, 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 $3,000.
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
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, $28,000,000, to remain available until expended; 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, $223,555,000, to remain
available until expended, of which $160,286,000 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),
$170,000,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, not to exceed $170,000,000
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
Department of Energy
Sec. 301. (a) None of the funds appropriated by this Act or any
prior appropriations 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. Of the funds appropriated by this title to the Department
of Energy, not more than $200,000,000 shall be available for
reimbursement of contractor travel expenses, and no funds shall be
available for reimbursement of contractor travel expenses that exceed
80 percent of the amount incurred by any individual contractor in
fiscal year 1998.
Sec. 303. None of the funds appropriated by this Act or any prior
appropriations 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 or any prior
appropriations Act may be used to augment the $30,000,000 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 or any prior
appropriations 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. 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 enactment of this
Act, or is generated after such date.
Sec. 308. Limiting the Inclusion of Costs of Protection of,
Mitigation of Damage to, and Enhancement of Fish, 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, 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, in accordance with established
fish funding principles, under this section shall recover costs for
protection, mitigation and enhancement of fish, 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 period for which such rates are established.''.
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,
$71,400,000, 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, $25,000,000, 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, $17,500,000, 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), $465,400,000, 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
$442,400,000 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 Public Law 100-203, section 5051, $3,150,000, to be
derived from the Nuclear Waste Fund, and to remain available until
expended.
Tennessee Valley Authority Fund
For the purposes of carrying out the provisions of the Tennessee
Valley Authority Act of 1933, as amended (16 U.S.C. ch. 12A),
$7,000,000, to remain available until expended for operation,
maintenance, surveillance, and improvement of 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;
Red River Waterway, Shreveport, Louisiana, to Dangerfield,
Texas $582,600;
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;
Southern and Eastern Kentucky, Kentucky, $2,623,000;
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;
South Central Pennsylvania, Environmental Improvements
Program, Pennsylvania, $20,000,000; 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, $5,500,000, are
rescinded.
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. None of the funds made available in this or any other Act
may be used to restart the High Flux Beam Reactor.
Sec. 605. 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. 606. 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 USEC 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. 607. 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. 608. 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.''.
This Act may be cited as the ``Energy and Water Development
Appropriations Act, 2000''.
Passed the House of Representatives July 27, 1999.
Attest:
JEFF TRANDAHL,
Clerk.
Passed the Senate July 28, 1999.
Attest:
GARY SISCO,
Secretary.