[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2605 Reported in House (RH)]






                                                 Union Calendar No. 147
106th CONGRESS
  1st Session
                                H. R. 2605

                          [Report No. 106-253]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 23, 1999

    Mr. Packard, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


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

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

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

    The following appropriations shall be expended under the direction 
of the Secretary of the Army and the supervision of the Chief of 
Engineers for authorized civil functions of the Department of the Army 
pertaining to rivers and harbors, flood control, beach erosion, and 
related purposes.

                         General Investigations

    For expenses necessary for the collection and study of basic 
information pertaining to river and harbor, flood control, shore 
protection, and related projects, restudy of authorized projects, 
miscellaneous investigations, and, when authorized by laws, surveys and 
detailed studies and plans and specifications of projects prior to 
construction, $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.

                         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), $1,412,591,000, 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:
            Indianapolis Central Waterfront, Indiana, $10,991,000;
            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
            Passaic River Streambank Restoration, New Jersey, 
        $8,000,000.

 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), $313,324,000, 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, 
$1,888,481,000, 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.

                           Regulatory Program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $117,000,000, to remain 
available until expended: Provided, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to use $5,000,000 of 
funds appropriated herein to fully implement an administrative appeals 
process for the Corps of Engineers Regulatory Program, which 
administrative appeals process shall provide for a single-level appeal 
of jurisdictional determinations, 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 the Secretary of 
the Army, acting through the Chief of Engineers, has submitted the 
aforementioned report 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.

            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: 
Provided further, That the unexpended balances of prior appropriations 
provided for these activities in this Act or any previous Energy and 
Water Development Appropriations Act may be transferred to and merged 
with this appropriation account, and thereafter, may be accounted for 
as one fund for the same time period as originally enacted.

                            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; $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.

                        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.

                                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, $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.
    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.

                         Bureau of Reclamation

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

                      water and related resources

                     (including transfer of funds)

    For management, development, and restoration of water and related 
natural resources and for related activities, including the operation, 
maintenance and rehabilitation of reclamation and other facilities, 
participation in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and other agreements 
with, State and local governments, Indian Tribes, and others, 
$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.

               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, $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.

                    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 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.

                       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, $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.

                        administrative provision

    Appropriations for the Bureau of Reclamation shall be available for 
purchase of not to exceed six passenger motor vehicles for replacement 
only.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                             Energy Supply

                     (including transfer of funds)

    For Department of Energy expenses including the purchase, 
construction and acquisition of plant and capital equipment, and other 
expenses necessary for energy supply, and uranium supply and enrichment 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion; and the purchase of 
not to exceed one passenger motor vehicle for replacement only, 
$583,399,953, of which $820,953 shall be derived by transfer from the 
Geothermal Resources Development Fund, and of which $5,000,000 shall be 
derived by transfer from the United States Enrichment Corporation Fund.

                  Non-Defense Environmental Management

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental management activities 
in carrying out the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation 
of any real property or any facility or for plant or facility 
acquisition, construction or expansion, $327,223,000, 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, $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.

                                Science

    For Department of Energy expenses including the purchase, 
construction and acquisition of plant and capital equipment, and other 
expenses necessary for science activities in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not to exceed six passenger motor vehicles 
for replacement only, $2,718,647,000, to remain available until 
expended.

                         Nuclear Waste Disposal

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

                      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), $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.

                    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, $30,000,000, 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 three for replacement only, 
$4,000,000,000, 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.

         Defense Environmental Restoration and Waste Management

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental restoration 
and waste management activities in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion; and the purchase of 35 passenger motor vehicles for 
replacement only, $4,157,758,000, to remain available until expended.

                  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, $1,054,492,000, 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, $1,651,809,000, 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.

                     Defense Nuclear Waste Disposal

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

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

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

      Operation and Maintenance, Southwestern Power Administration

                     (including transfer of funds)

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, and 
for construction and acquisition of transmission lines, substations and 
appurtenant facilities, and for administrative expenses, including 
official reception and representation expenses in an amount not to 
exceed $1,500 in carrying out the provisions of section 5 of the Flood 
Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern 
power area, $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.

 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, $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.

           Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $1,309,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 423 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995.

                  Federal Energy Regulatory Commission

                         salaries and expenses

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

                           GENERAL PROVISIONS

    Sec. 301. (a) None of the funds appropriated by this Act may be 
used to award a management and operating contract unless such contract 
is awarded using competitive procedures or the Secretary of Energy 
grants, on a case-by-case basis, a waiver to allow for such a 
deviation. The Secretary may not delegate the authority to grant such a 
waiver.
    (b) At least 60 days before a contract award, amendment, or 
modification for which the Secretary intends to grant such a waiver, 
the Secretary shall submit to the Subcommittees on Energy and Water 
Development of the Committees on Appropriations of the House of 
Representatives and the Senate a report notifying the subcommittees of 
the waiver and setting forth the reasons for the waiver.
    Sec. 302. (a) None of the funds appropriated by this Act may be 
used to award, amend, or modify a contract in a manner that deviates 
from the Federal Acquisition Regulation, unless the Secretary of Energy 
grants, on a case-by-case basis, a waiver to allow for such a 
deviation. The Secretary may not delegate the authority to grant such a 
waiver.
    (b) At least 60 days before a contract award, amendment, or 
modification for which the Secretary intends to grant such a waiver, 
the Secretary shall submit to the Subcommittees on Energy and Water 
Development of the Committees on Appropriations of the House of 
Representatives and the Senate a report notifying the subcommittees of 
the waiver and setting forth the reasons for the waiver.
    Sec. 303. None of the funds appropriated by this Act may be used 
to--
            (1) develop or implement a workforce restructuring plan 
        that covers employees of the Department of Energy; or
            (2) provide enhanced severance payments or other benefits 
        for employees of the Department of Energy;
under section 3161 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 7274h).
    Sec. 304. None of the funds appropriated by this Act may be used to 
augment the $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).
    Sec. 305. None of the funds appropriated by this Act may be used to 
prepare or initiate Requests For Proposals (RFPs) for a program if the 
program has not been funded by Congress.

                   (transfers of unexpended balances)

    Sec. 306. The unexpended balances of prior appropriations provided 
for activities in this Act may be transferred to appropriation accounts 
for such activities established pursuant to this title. Balances so 
transferred may be merged with funds in the applicable established 
accounts and thereafter may be accounted for as one fund for the same 
time period as originally enacted.
    Sec. 307. Notwithstanding 41 U.S.C. 254c(a), the Secretary of 
Energy may use funds appropriated by this Act to enter into or continue 
multi-year contracts for the acquisition of property or services under 
the head, ``Energy Supply'' without obligating the estimated costs 
associated with any necessary cancellation or termination of the 
contract. The Secretary of Energy may pay costs of termination or 
cancellation from--
            (1) appropriations originally available for the performance 
        of the contract concerned;
            (2) appropriations currently available for procurement of 
        the type of property or services concerned, and not otherwise 
        obligated; or
            (3) funds appropriated for those payments.
    Sec. 308. None of the funds in this Act may be used for Laboratory 
Directed Research and Development or Director's Discretionary Research 
and Development.
    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.
    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.
    (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.
    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.
    Sec. 312. None of the funds provided in this Act may be used to 
establish or maintain independent centers at a Department of Energy 
laboratory or facility unless such funds have been specifically 
identified in the budget submission.
    Sec. 313. None of the funds 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.
    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.
    Sec. 315. None of the funds made available in this or any other Act 
may be used to restart the High Flux Beam Reactor.
    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.
    Sec. 317. None of the funds provided in this or any other Act may 
be used by the Federal power marketing administrations to:
            (1) rent or sell construction equipment;
            (2) provide construction, equipment, operation, maintenance 
        or repair services;
            (3) perform contract construction work;
            (4) provide a construction engineering service; or
            (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 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.

                                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, 
$60,000,000, 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, $16,500,000, to 
remain available until expended.

                           DENALI COMMISSION

                              (rescission)

    Of the funds made available under this heading in Public Law 105-
245, $18,000,000 is rescinded.

                     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), $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.

                      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, $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.

                  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, $2,600,000, to be 
derived from the Nuclear Waste Fund, and to remain available until 
expended.

                      TITLE V--GENERAL PROVISIONS

    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.
    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.
     (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. 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.
    (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. 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''.
    Sec. 505. Title VI, division C, of Public Law 105-277, Making 
Omnibus Consolidated and Emergency Supplemental Appropriations for 
Fiscal Year 1999, is repealed.
    Sec. 506. Title III, division C, of Public Law 105-277, Making 
Omnibus Consolidated and Emergency Supplemental Appropriations for 
Fiscal Year 1999 and section 105 of Public Law 106-31, the 1999 
Emergency Supplemental Appropriations Act, are repealed.
    Sec. 507. Section 211(e)(2)(A) of the Water Resources Development 
Act of 1996 (Public Law 104-303, 110 Stat. 3682) is amended by striking 
``in advance in appropriations Acts''.
    Sec. 508. 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.
    This Act may be cited as the ``Energy and Water Development 
Appropriations Act, 2000''.
                                                 Union Calendar No. 147

106th CONGRESS

  1st Session

                               H. R. 2605

                          [Report No. 106-253]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             July 23, 1999

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed