[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5483 Introduced in House (IH)]

  2d Session
                                H. R. 5483

 Making appropriations for energy and water development for the fiscal 
        year ending September 30, 2001, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 18, 2000

 Mr. Packard introduced the following bill; which was referred to the 
                      Committee on Appropriations

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for energy and water development for the fiscal 
        year ending September 30, 2001, 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 energy and water development for the fiscal year 
ending September 30, 2001, 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, $160,038,000, to remain available until expended: 
Provided, That in conducting the Southwest Valley Flood Damage 
Reduction Study, Albuquerque, New Mexico, the Secretary of the Army, 
acting through the Chief of Engineers, shall include an evaluation of 
flood damage reduction measures that would otherwise be excluded from 
the feasibility analysis based on policies regarding the frequency of 
flooding, the drainage areas, and the amount of runoff: Provided 
further, That the Secretary of the Army is directed to use $750,000 of 
the funds appropriated herein to continue preconstruction engineering 
and design for the Murrieta Creek, California flood protection and 
environmental restoration project in accordance with Alternative 6, 
based on the Murrieta Creek feasibility report and environmental impact 
statement dated June 2000 at a total cost of $90,866,000, with an 
estimated Federal cost of $59,063,900 and an estimated non-Federal cost 
of $31,803,100.

                         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), $1,717,199,000, 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 12, Mississippi 
River, Iowa; Lock and Dam 24, Mississippi River, Illinois and Missouri; 
Lock and Dam 3, Mississippi River, Minnesota; and London Locks and Dam, 
and Kanawha River, West Virginia, projects; and of which funds are 
provided for the following projects in the amounts specified:
            Elba, Alabama, $8,400,000;
            Geneva, Alabama, $10,800,000;
            San Gabriel Basin Groundwater Restoration, California, 
        $25,000,000;
            San Timoteo Creek (Santa Ana River Mainstem), California, 
        $5,000,000;
            Indianapolis Central Waterfront, Indiana, $10,000,000;
            Southern and Eastern Kentucky, Kentucky, $4,000,000;
            Clover Fork, Middlesboro, City of Cumberland, Town of 
        Martin, Pike County (including Levisa Fork and Tug Fork 
        Tributaries), Bell County, Martin County, and Harlan County, 
        Kentucky, elements of the Levisa and Tug Forks of the Big Sandy 
        River and Upper Cumberland River, Kentucky, $20,000,000: 
        Provided, That the Secretary of the Army, acting through the 
Chief of Engineers, is directed to proceed with planning, engineering, 
design and construction of the Town of Martin, Kentucky, element, in 
accordance with Plan A as set forth in the preliminary draft Detailed 
Project Report, Appendix T of the General Plan of the Huntington 
District Commander;
            Jackson County, Mississippi, $2,000,000;
            Bosque and Leon Rivers, Texas, $4,000,000; and
            Upper Mingo County (including Mingo County Tributaries), 
        Lower Mingo County (Kermit), Wayne County, and McDowell County, 
        elements of the Levisa and Tug Forks of the Big Sandy River and 
        Upper Cumberland River project in West Virginia, $4,100,000:
Provided further, That using $900,000 of the funds appropriated herein, 
the Secretary of the Army, acting through the Chief of Engineers, is 
directed to undertake the Bowie County Levee project, which is defined 
as Alternative B Local Sponsor Option, in the Corps of Engineers 
document entitled Bowie County Local Flood Protection, Red River, 
Texas, Project Design Memorandum No. 1, Bowie County Levee, dated April 
1997: Provided further, That no part of any appropriation contained in 
this Act shall be expended or obligated to begin Phase II of the John 
Day Drawdown study or to initiate a study of the drawdown of McNary Dam 
unless authorized by law: Provided further, That the Secretary of the 
Army, acting through the Chief of Engineers, is directed hereafter to 
use available Construction, General funds in addition to funding 
provided in Public Law 104-206 to complete design and construction of 
the Red River Regional Visitors Center in the vicinity of Shreveport, 
Louisiana at an estimated cost of $6,000,000: Provided further, That 
section 101(b)(4) of the Water Resources Development Act of 1996, is 
amended by striking ``total cost of $8,600,000'' and inserting ``total 
cost of $15,000,000'': Provided further, That the Secretary of the 
Army, acting through the Chief of Engineers, is directed to use 
$3,000,000 of the funds appropriated herein for additional emergency 
bank stabilization measures at Galena, Alaska under the same terms and 
conditions as previous emergency bank stabilization work undertaken at 
Galena, Alaska pursuant to section 116 of Public Law 99-190: Provided 
further, That with $4,200,000 of the funds appropriated herein, the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to continue construction of the Brunswick County Beaches, 
North Carolina-Ocean Isle Beach portion in accordance with the General 
Reevaluation Report approved by the Chief of Engineers on May 15, 1998: 
Provided further, That the Secretary of the Army, acting through the 
Chief of Engineers, is directed to use not to exceed $300,000 of funds 
appropriated herein to reimburse the City of Renton, Washington, at 
full Federal expense, for mitigation expenses incurred for the flood 
control project constructed pursuant to 33 U.S.C. 701s at Cedar River, 
City of Renton, Washington, as a result of over-dredging by the Army 
Corps of Engineers: Provided further, That $2,000,000 of the funds 
appropriated herein shall be available for stabilization and renovation 
of Lock and Dam 10, Kentucky River, Kentucky, subject to enactment of 
authorization by law: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to use $3,000,000 of 
the funds appropriated herein to initiate construction of a navigation 
project at Kaumalapau Harbor, Hawaii: Provided further, That the 
Secretary of the Army is directed to use $2,000,000 of the funds 
provided herein for Dam Safety and Seepage/Stability Correction Program 
to design and construct seepage control features at Waterbury Dam, 
Winooski River, Vermont: Provided further, That the Secretary of the 
Army, acting through the Chief of Engineers, is directed to design and 
construct barge lanes at the Houston-Galveston Navigation Channels, 
Texas, project, immediately adjacent to either side of the Houston Ship 
Channel, from Bolivar Roads to Morgan Point, to a depth of 12 feet with 
prior years' Construction, General carry-over funds: 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: Provided further, That within available funds, the Secretary of 
the Army, acting through the Chief of Engineers, is directed to 
continue construction of the Rio Grand de Manati flood control project 
at Barceloneta, Puerto Rico, which was initiated under the authority of 
the Section 205 program prior to being specifically authorized in the 
Water Resources Development Act of 1999.

 flood control, mississippi river and tributaries, arkansas, illinois, 
       kentucky, louisiana, mississippi, missouri, and tennessee

    For expenses necessary for prosecuting work of flood control, and 
rescue work, repair, restoration, or maintenance of flood control 
projects threatened or destroyed by flood, as authorized by law (33 
U.S.C. 702a and 702g-1), $347,731,000, to remain available until 
expended: Provided, That the Secretary of the Army is directed to 
complete his analysis and determination of Federal maintenance of the 
Greenville Inner Harbor, Mississippi navigation project in accordance 
with section 509 of the Water Resources Development Act of 1996.

                   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, 
$1,901,959,000, to remain available until expended, of which such sums 
as become available in the Harbor Maintenance Trust Fund, pursuant to 
Public Law 99-662, may be derived from that Fund, and of which such 
sums as become available from the special account established by the 
Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l), 
may be derived from that account for construction, operation, and 
maintenance of outdoor recreation facilities: Provided, That the 
Secretary of the Army, acting through the Chief of Engineers, from the 
funds provided herein for the operation and maintenance of New York 
Harbor, New York, is directed to prepare the necessary documentation 
and initiate removal of submerged obstructions and debris in the area 
previously marked by the Ambrose Light Tower in the interest of safe 
navigation: Provided further, That the Secretary of the Army is 
directed to use $500,000 of funds appropriated herein to remove and 
reinstall the docks and causeway, in kind, at Astoria East Boat Basin, 
Oregon: Provided further, That $500,000 of the funds appropriated 
herein for the Ohio River Open Channel, Illinois, Kentucky, Indiana, 
Ohio, West Virginia, and Pennsylvania, project, are provided for the 
Secretary of the Army, acting through the Chief of Engineers, to dredge 
a channel from the mouth of Wheeling Creek to Tunnel Green Park in 
Wheeling, West Virginia.

                           Regulatory Program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $125,000,000, to remain 
available until expended: Provided, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to use funds 
appropriated herein to: (1) by March 1, 2001, supplement the report, 
Cost Analysis For the 1999 Proposal to Issue and Modify Nationwide 
Permits, to reflect the Nationwide Permits actually issued on March 9, 
2000, including changes in the acreage limits, preconstruction 
notification requirements and general conditions between the rule 
proposed on July 21, 1999, and the rule promulgated and published in 
the Federal Register; (2) after consideration of the cost analysis for 
the 1999 proposal to issue and modify nationwide permits and the 
supplement prepared pursuant to this Act and by September 30, 2001, 
prepare, submit to Congress and publish in the Federal Register a 
Permit Processing Management Plan by which the Corps of Engineers will 
handle the additional work associated with all projected increases in 
the number of individual permit applications and preconstruction 
notifications related to the new and replacement permits and general 
conditions. The Permit Processing Management Plan shall include 
specific objective goals and criteria by which the Corps of 
Engineers' progress towards reducing any permit backlog can be 
measured; (3) beginning on December 31, 2001, and on a biannual basis 
thereafter, report to Congress and publish in the Federal Register, an 
analysis of the performance of its program as measured against the 
criteria set out in the Permit Processing Management Plan; (4) 
implement a 1-year pilot program to publish quarterly on the U.S. Army 
Corps of Engineer's Regulatory Program website all Regulatory Analysis 
and Management Systems (RAMS) data for the South Pacific Division and 
North Atlantic Division beginning within 30 days of the enactment of 
this Act; and (5) publish in Division Office websites all findings, 
rulings, and decisions rendered under the administrative appeals 
process for the Corps of Engineers Regulatory Program as established in 
Public Law 106-60: Provided further, That, through the period ending on 
September 30, 2003, the Corps of Engineers shall allow any appellant to 
keep a verbatim record of the proceedings of the appeals conference 
under the aforementioned administrative appeals process: Provided 
further, That within 30 days of the enactment of this Act, the 
Secretary of the Army, acting through the Chief of Engineers, shall 
require all U.S. Army Corps of Engineers Divisions and Districts to 
record the date on which a section 404 individual permit application or 
nationwide permit notification is filed with the Corps of Engineers: 
Provided further, That the Corps of Engineers, when reporting permit 
processing times, shall track both the date a permit application is 
first received and the date the application is considered complete, as 
well as the reason that the application is not considered complete upon 
first submission.

            Formerly Utilized Sites Remedial Action Program

    For expenses necessary to clean up contamination from sites 
throughout the United States resulting from work performed as part of 
the Nation's early atomic energy program, $140,000,000, to remain 
available until expended.

                            General Expenses

    For expenses necessary for general administration and related 
functions in the Office of the Chief of Engineers and offices of the 
Division Engineers; activities of the Coastal Engineering Research 
Board, the Humphreys Engineer Center Support Activity, the Water 
Resources Support Center, and headquarters support functions at the 
USACE Finance Center, $152,000,000, 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.

                             Revolving Fund

    Amounts in the Revolving Fund are available for the costs of 
relocating the U.S. Army Corps of Engineers headquarters to office 
space in the General Accounting Office headquarters building in 
Washington, D.C.

                       Administrative Provisions

    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. (a) The Secretary of the Army shall enter into an 
agreement with the City of Grand Prairie, Texas, wherein the City 
agrees to assume all of the responsibilities of the Trinity River 
Authority of Texas under Contract No. DACW63-76-C-0166, other than 
financial responsibilities, except as provided for in subsection (c) of 
this section. The Trinity River Authority shall be relieved of all of 
its financial responsibilities under the Contract as of the date the 
Secretary of the Army enters into the agreement with the City.
    (b) In consideration of the agreement referred to in subsection 
(a), the City shall pay the Federal Government a total of $4,290,000 in 
two installments, one in the amount of $2,150,000, which shall be due 
and payable no later than December 1, 2000, and one in the amount of 
$2,140,000, which shall be due and payable no later than December 1, 
2003.
    (c) The agreement executed pursuant to subsection (a) shall include 
a provision requiring the City to assume all costs associated with 
operation and maintenance of the recreation facilities included in the 
Contract referred to in that subsection.
    Sec. 102. Agreements proposed for execution by the Assistant 
Secretary of the Army for Civil Works or the United States Army Corps 
of Engineers after the date of the enactment of this Act pursuant to 
section 4 of the Rivers and Harbor Act of 1915, Public Law 64-291; 
section 11 of the River and Harbor Act of 1925, Public Law 68-585; the 
Civil Functions Appropriations Act, 1936, Public Law 75-208; section 
215 of the Flood Control Act of 1968, as amended, Public Law 90-483; 
sections 104, 203, and 204 of the Water Resources Development Act of 
1986, as amended (Public Law 99-662); section 206 of the Water 
Resources Development Act of 1992, as amended, Public Law 102-580; 
section 211 of the Water Resources Development Act of 1996, Public Law 
104-303, and any other specific project authority, shall be limited to 
credits and reimbursements per project not to exceed $10,000,000 in 
each fiscal year, and total credits and reimbursements for all 
applicable projects not to exceed $50,000,000 in each fiscal year.
    Sec. 103. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized to construct the locally preferred plan for 
flood control, environmental restoration and recreation, Murrieta 
Creek, California, described as Alternative 6, based on the Murrieta 
Creek Feasibility Report and Environmental Impact Statement dated 
October 2000, at a total cost of $89,850,000 with an estimated Federal 
cost of $57,735,000 and an estimated non-Federal cost of $32,115,000.
    Sec. 104. St. Georges Bridge, Delaware. None of the funds made 
available by this Act may be used to carry out any activity relating to 
closure or removal of the St. Georges Bridge across the Chesapeake and 
Delaware Canal, Delaware, including a hearing or any other activity 
relating to preparation of an environmental impact statement concerning 
the closure or removal.
    Sec. 105. Within available funds under title I, the Secretary of 
the Army, acting through the Chief of Engineers, shall provide up to 
$7,000,000 to replace and upgrade the dam in Kake, Alaska which 
collapsed July 2000, to provide drinking water and hydroelectricity.

                                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, $38,724,000, to remain available until expended, of 
which $19,158,000 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 $14,158,000 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, $1,216,000, 
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, 
$678,450,000, to remain available until expended, of which $1,916,000 
shall be available for transfer to the Upper Colorado River Basin Fund 
and $39,467,000 shall be available for transfer to the Lower Colorado 
River Basin Development Fund; of which such amounts as may be necessary 
may be advanced to the Colorado River Dam Fund; of which $16,000,000 
shall be for on-reservation water development, feasibility studies, and 
related administrative costs under Public Law 106-163; of which not 
more than 25 percent of the amount provided for drought emergency 
assistance may be used for financial assistance for the preparation of 
cooperative drought contingency plans under title II of Public Law 102-
250; and of which not more than $500,000 is for high priority projects 
which shall be carried out by the Youth Conservation Corps, as 
authorized by 16 U.S.C. 1706: 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, is amended further by inserting ``2000, and 2001'' in lieu of 
``and 2000'': 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, Public Law 105-245, and Public Law 106-
60 is increased by $2,000,000 (October 1998 prices): Provided further, 
That the amount authorized for Minidoka Project North Side Pumping 
Division, Idaho, by section 5 of Public Law 81-864, is increased by 
$2,805,000: Provided further, That the Reclamation Safety of Dams Act 
of 1978 (43 U.S.C. 509) is amended as follows: (1) by inserting in 
section 4(c) after ``1984,'' and before ``costs'' the following: ``and 
the additional $95,000,000 further authorized to be appropriated by 
amendments to that Act in 2000,''; (2) by inserting in section 5 after 
``levels),'' and before ``plus'' the following: ``and, effective 
October 1, 2000, not to exceed an additional $95,000,000 (October 1, 
2000, price levels),''; and (3) by striking ``sixty days (which'' and 
all that follows through ``day certain)'' and inserting in lieu thereof 
``30 calendar days''.

               bureau of reclamation loan program account

    For the cost of direct loans and/or grants, $8,944,000, 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 $27,000,000.
    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, $38,382,000, 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.

                       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, $50,224,000, 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 four passenger motor vehicles for replacement 
only.

                           GENERAL PROVISIONS

                       DEPARTMENT OF THE INTERIOR

    Sec. 201. None of the funds appropriated or otherwise made 
available by this or any other Act may be used to pay the salaries and 
expenses of personnel to purchase or lease water in the Middle Rio 
Grande or the Carlsbad Projects in New Mexico unless said purchase or 
lease is in compliance with the purchase requirements of section 202 of 
Public Law 106-60.
    Sec. 202. Funds under this title for Drought Emergency Assistance 
shall be made available primarily for leasing of water for specified 
drought related purposes from willing lessors, in compliance with 
existing State laws and administered under State water priority 
allocation. Such leases may be entered into with an option to purchase: 
Provided, That such purchase is approved by the State in which the 
purchase takes place and the purchase does not cause economic harm 
within the State in which the purchase is made.
    Sec. 203. Beginning in fiscal year 2001 and thereafter, the 
Secretary of the Interior shall assess and collect annually from 
Central Valley Project (CVP) water and power contractors the sum of 
$540,000 (June 2000 price levels) and remit, without further 
appropriation, the amount collected annually to the Trinity Public 
Utilities District (TPUD). This assessment shall be payable 70 percent 
by CVP Preference Power Customers and 30 percent by CVP Water 
Contractors. The CVP Water Contractor share of this assessment shall be 
collected by the Secretary through established Bureau of Reclamation 
(Reclamation) Operation and Maintenance ratesetting practices. The CVP 
Power Contractor share of this assessment shall be assessed by 
Reclamation to the Western Area Power Administration, Sierra Nevada 
Region (Western), and collected by Western through established power 
ratesetting practices.
    Sec. 204. (a) In General.--For fiscal year 2001 and each fiscal 
year thereafter, the Secretary of the Interior shall continue funding, 
from power revenues, the activities of the Glen Canyon Dam Adaptive 
Management Program as authorized by section 1807 of the Grand Canyon 
Protection Act of 1992 (106 Stat. 4672), at not more than $7,850,000 
(October 2000 price level), adjusted in subsequent years to reflect 
changes in the Consumer Price Index for All Urban Consumers published 
by the Bureau of Labor Statistics of the Department of Labor.
    (b) Voluntary Contributions.--Nothing in this section precludes the 
use of voluntary financial contributions (except power revenues) to the 
Adaptive Management Program that may be authorized by law.
    (c) Activities To Be Funded.--The activities to be funded as 
provided under subsection (a) include activities required to meet the 
requirements of section 1802(a) and subsections (a) and (b) of section 
1805 of the Grand Canyon Protection Act of 1992 (106 Stat. 4672), 
including the requirements of the Biological Opinion on the Operation 
of Glen Canyon Dam and activities required by the Programmatic 
Agreement on Cultural and Historic Properties, to the extent that the 
requirements and activities are consistent with the Grand Canyon 
Protection Act of 1992 (106 Stat. 4672).
    (d) Additional Funding.--To the extent that funding under 
subsection (a) is insufficient to pay the costs of the monitoring and 
research and other activities of the Glen Canyon Dam Adaptive 
Management Program, the Secretary of the Interior may use funding from 
other sources, including funds appropriated for that purpose. All such 
appropriated funds shall be nonreimbursable and nonreturnable.
    Sec. 205. The Secretary of the Interior is authorized and directed 
to use not to exceed $1,000,000 of the funds appropriated under title 
II to refund amounts received by the United States as payments for 
charges assessed by the Secretary prior to January 1, 1994 for failure 
to file certain certification or reporting forms prior to the receipt 
of irrigation water, pursuant to sections 206 and 224(c) of the 
Reclamation Reform Act of 1982 (96 Stat. 1226, 1272; 43 U.S.C. 390ff, 
390ww(c)), including the amount of associated interest assessed by the 
Secretary and paid to the United States pursuant to section 224(i) of 
the Reclamation Reform Act of 1982 (101 Stat. 1330-268; 43 U.S.C. 
390ww(i)).
    Sec. 206. Canyon Ferry Reservoir, Montana. (a) Appraisals.--Section 
1004(c)(2)(B) of title X of division C of the Omnibus Consolidated and 
Emergency Supplemental Appropriations Act, 1999 (112 Stat. 2681-713; 
113 Stat. 1501A-307) is amended--
            (1) in clause (i), by striking ``be based on'' and 
        inserting ``use'';
            (2) in clause (vi), by striking ``Notwithstanding any other 
        provision of law,'' and inserting ``To the extent consistent 
        with the Uniform Appraisal Standards for Federal Land 
        Acquisition,''; and
            (3) by adding at the end the following:
            ``(vii) Applicability.--This subparagraph shall apply to 
        the extent that its application is practicable and consistent 
        with the Uniform Appraisal Standards for Federal Land 
        Acquisition.''.
    (b) Timing.--Section 1004(f)(2) of title X of division C of the 
Omnibus Consolidated and Emergency Supplemental Appropriations Act, 
1999 (112 Stat. 2681-714; 113 Stat. 1501A-308) is amended by inserting 
after ``Act,'' the following: ``in accordance with all applicable 
law,''.
    (c) Interest.--Section 1008(b) of title X of division C of the 
Omnibus Consolidated and Emergency Supplemental Appropriations Act, 
1999 (112 Stat. 2681-717; 113 Stat. 1501A-310) is amended by striking 
paragraph (4).
    Sec. 207. Beginning in fiscal year 2000 and thereafter, any amounts 
provided for the Newlands Water Rights Fund for purchasing and retiring 
water rights in the Newlands Reclamation Project shall be non-
reimbursable.
    Sec. 208. Use of Colorado-Big Thompson Project Facilities for 
Nonproject Water. The Secretary of the Interior may enter into 
contracts with the city of Loveland, Colorado, or its Water and Power 
Department or any other agency, public utility, or enterprise of the 
city, providing for the use of facilities of the Colorado-Big Thompson 
Project, Colorado, under the Act of February 21, 1911 (43 U.S.C. 523), 
for--
            (1) the impounding, storage, and carriage of nonproject 
        water originating on the eastern slope of the Rocky Mountains 
        for domestic, municipal, industrial, and other beneficial 
        purposes; and
            (2) the exchange of water originating on the eastern slope 
        of the Rocky Mountains for the purposes specified in paragraph 
        (1), using facilities associated with the Colorado-Big Thompson 
        Project, Colorado.
    Sec. 209. Amendment to Irrigation Project Contract Extension Act of 
1998. (a) Section 2(a) of the Irrigation Project Contract Extension Act 
of 1998, Public Law 105-293, is amended by striking the date ``December 
31, 2000'', and inserting in lieu thereof the date ``December 31, 
2003''; and
    (b) Subsection 2(b) of the Irrigation Project Contract Extension 
Act of 1998, Public Law 105-293, is amended by--
            (1) striking the phrase ``not to go beyond December 31, 
        2001'', and inserting in lieu thereof the phrase ``not to go 
        beyond December 31, 2003''; and
            (2) striking the phrase ``terminates prior to December 31, 
        2000'', and inserting in lieu thereof ``terminates prior to 
        December 31, 2003''.
    Sec. 210. Section 202 of Division B, Title I, Chapter 2 of Public 
Law 106-246 is amended by adding at the end the following: ``This 
section shall be effective through September 30, 2001.''.
    Sec. 211. (a) Section 106 of the San Luis Rey Indian Water Rights 
Settlement Act (Public Law 100-675; 102 Stat. 4000 et seq.) is amended 
by adding at the end the following new subsection:
    ``(f) Requirement To Furnish Water, Power Capacity, and Energy.--
Notwithstanding any other provision of law, in order to fulfill the 
trust responsibility to the Bands, the Secretary, acting through the 
Commissioner of Reclamation, shall permanently furnish annually the 
following:
            ``(1) Water.--16,000 acre-feet of the water conserved by 
        the works authorized by title II, for the benefit of the Bands 
        and the local entities in accordance with the settlement 
        agreement: Provided, That during construction of said works, 
        the Indian Water Authority and the local entites shall receive 
        17 percent of any water conserved by said works up to a maximum 
        of 16,000 acre-feet per year. The Indian Water Authority and 
        the local entities shall pay their proportionate share of such 
        costs as are provided by section 203(b) of title II or are 
        agreed to by them.
            ``(2) Power capacity and energy.--Beginning on the date 
        when conserved water from the works authorized by title II 
        first becomes available, power capacity and energy through the 
        Yuma Arizona Area Aggregate Power Managers (Yuma Area 
        Contractors), at no cost and at no further expense to the 
        United States, the Indian Water Authority, the Bands, and the 
        local entities, in amounts sufficient to convey the water 
        conserved pursuant to paragraph (1) from Lake Havasu through 
        the Colorado River Aqueduct and to the places of use on the 
        Bands' reservations or in the local entities' service areas in 
        accordance with the settlement agreement. The Secretary, 
        through a coterminous exhibit to Bureau of Reclamation Contract 
        No. 6-CU-30-P1136, shall enter into an agreement with the Yuma 
        Area Contractors which shall provide for furnishing annually 
        and permanently said power capacity and energy by said Yuma 
        Area Contractors at no cost and at no further expense to the 
        United States, the Indian Water Authority, the Bands, and the 
        local entities. The Secretary shall authorize the Yuma Area 
        Contractors to utilize Federal project use power provided for 
        in Bureau of Reclamation Contracts numbered 6-CU-30-P1136, 6-
        CU-30-P1137, and 6-CU-30-P1138 for the full range of purposes 
        served by the Yuma Area Contractors, including the purpose of 
        supplying the power capacity and energy to convey the conserved 
        water referred to in paragraph (1), for so long as the Yuma 
        Area Contractors meet their obligation to provide sufficient 
        power capacity and energy for the conveyance of said conserved 
        water. If for any reason the Yuma Area Contractors do not 
        provide said power capacity and energy for the conveyance of 
        said conserved water, then the Secretary shall furnish said 
        power capacity and energy annually and permanently at the 
        lowest rate assigned to project use power within the 
        jurisdiction of the Bureau of Reclamation in accordance with 
        Exhibit E `Project Use Power' of the Agreement between Water 
        and Power Resources Service, Department of the Interior, and 
        Western Area Power Administration, Department of Energy (March 
        26, 1980).''.
    (b) Title II of the San Luis Rey Indian Water Rights Settlement Act 
(Public Law 100-675; 102 Stat. 4000 et seq.) is amended by adding at 
the end the following new section:

``SEC. 210. ANNUAL REPAYMENT INSTALLMENTS.

    ``During the period of planning, design, and construction of the 
works and during the period that the Indian Water Authority and the 
local entities receive up to 16,000 acre-feet of the water conserved by 
the works, the annual repayment installments provided in section 102(b) 
of the Colorado River Basin Salinity Control Act (Public Law 93-320; 88 
Stat. 268) shall continue to be nonreimbursable. Nothing in this 
section shall affect the national obligation set forth in section 
101(c) of such Act.''.
    Sec. 212. (a) Definitions.--For the purpose of this section, the 
term--
            (1) ``Secretary'' means the Secretary of the Interior;
            (2) ``Sly Park Unit'' means the Sly Park Dam and Reservoir, 
        Camp Creek Diversion Dam and Tunnel, and conduits and canals as 
        authorized under the American River Act of October 14, 1949 (63 
        Stat. 853), including those used to convey, treat, and store 
        water delivered from Sly Park, as well as all recreation 
        facilities thereto; and
            (3) ``District'' means the El Dorado Irrigation District.
    (b) In General.--The Secretary shall, as soon as practicable after 
date of the enactment of this Act and in accordance with all applicable 
law, transfer all right, title, and interest in and to the Sly Park 
Unit to the District.
    (c) Sale Price.--The Secretary is authorized to receive from the 
District $2,000,000 to relieve payment obligations and extinguish the 
debt under contract number 14-06-200-949IR3, and $9,500,000 to relieve 
payment obligations and extinguish all debts associated with contracts 
numbered 14-06-200-7734, as amended by contracts numbered 14-06-200-
4282A and 14-06-200-8536A. Notwithstanding the preceding sentence, the 
District shall continue to make payments required by section 3407(c) of 
Public Law 102-575 through year 2029.
    (d) Credit Revenue to Project Repayment.--Upon payment authorized 
under subsection (b), the amount paid shall be credited toward 
repayment of capital costs of the Central Valley Project in an amount 
equal to the associated undiscounted obligation.
    (e) Future Benefits.--Upon payment, the Sly Park Unit shall no 
longer be a Federal reclamation project or a unit of the Central Valley 
Project, and the District shall not be entitled to receive any further 
reclamation benefits.
    (f) Liability.--Except as otherwise provided by law, effective on 
the date of conveyance of the Sly Park Unit under this Act, the United 
States shall not be liable for damages of any kind arising out of any 
act, omission, or occurrence based on its prior ownership or operation 
of the conveyed property.
    (g) Costs.--All costs, including interest charges, associated with 
the Project that have been included as a reimbursable cost of the 
Central Valley Project are declared to be nonreimbursable and 
nonreturnable.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                             Energy Supply

    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 17 passenger motor vehicles for replacement only, 
$660,574,000 to remain available until expended: Provided, That, in 
addition, royalties received to compensate the Department of Energy for 
its participation in the First-Of-A-Kind-Engineering program shall be 
credited to this account to be available until September 30, 2002, for 
the purposes of Nuclear Energy, Science and Technology activities.

                  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, $277,812,000, to remain 
available until expended.

             Uranium Facilities Maintenance and Remediation

                     (including transfer of funds)

    For necessary expenses to maintain, decontaminate, decommission, 
and otherwise remediate uranium processing facilities, $393,367,000, of 
which $345,038,000 shall be derived from the Uranium Enrichment 
Decontamination and Decommissioning Fund, all of which shall remain 
available until expended: Provided, That $72,000,000 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 58 passenger motor vehicles 
for replacement only, $3,186,352,000, 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, $191,074,000, to remain 
available until expended and to be derived from the Nuclear Waste Fund: 
Provided, That not to exceed $2,500,000 may be provided to the State of 
Nevada solely for expenditures, other than salaries and expenses of 
State employees, to conduct scientific oversight responsibilities 
pursuant to the Nuclear Waste Policy Act of 1982, Public Law 97-425, as 
amended: Provided further, That $6,000,000 shall 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 for the State of Nevada shall be made 
available solely to the Nevada Division of Emergency Management by 
direct payment and units of local government by direct payment: 
Provided further, That within 90 days of the completion of each Federal 
fiscal year, the Nevada Division of Emergency Management and the 
Governor of the State of Nevada and each local entity shall provide 
certification to the Department of Energy that all funds expended from 
such payments have been expended for activities authorized by Public 
Law 97-425 and this Act. 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: Provided further, That all proceeds 
and recoveries by the Secretary in carrying out activities authorized 
by the Nuclear Waste Policy Act of 1982 in Public Law 97-425, as 
amended, including but not limited to, any proceeds from the sale of 
assets, shall be available without further appropriation and shall 
remain available until expended.

                      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), $226,107,000, 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 
$151,000,000 in fiscal year 2001 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 2001 so as to result in a final fiscal year 
2001 appropriation from the General Fund estimated at not more than 
$75,107,000.

                    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, $31,500,000, to remain available until expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           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 12 for replacement only), 
$5,015,186,000, to remain available until expended: Provided: That, 
$130,000,000 shall be immediately available for Project 96-D-111, the 
National Ignition Facility at Lawrence Livermore National Laboratory: 
Provided further, That $69,100,000 shall be available only upon a 
certification by the Administrator of the National Nuclear Security 
Administration to the Congress after March 31, 2001, that (a) includes 
a recommendation on an appropriate path forward for the project; (b) 
certifies all established project and scientific milestones have been 
met on schedule and on cost; (c) certifies the first and second quarter 
project reviews in fiscal year 2001 determined the project to be on 
schedule and cost; (d) includes a study of requirements for and 
alternatives to a 192 beam ignition facility for maintaining the safety 
and reliability of the current nuclear weapons stockpile; (e) certifies 
an integrated cost-schedule earned-value project control system has 
been fully implemented; and (f) includes a five-year budget plan for 
the stockpile stewardship program.

                    defense nuclear nonproliferation

    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, Defense 
Nuclear Nonproliferation 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, $874,196,000, to remain available until expended: Provided, 
That not to exceed $7,000 may be used for official reception and 
representation expenses for national security and nonproliferation 
(including transparency) activities in fiscal year 2001.

                             naval reactors

    For Department of Energy expenses necessary for naval reactors 
activities to carry out the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition (by purchase, 
condemnation, construction, or otherwise) of real property, plant, and 
capital equipment, facilities, and facility expansion, $690,163,000, to 
remain available until expended.

                      office of the administrator

    For necessary expenses of the Office of the Administrator of the 
National Nuclear Security Administration, including official reception 
and representation expenses (not to exceed $5,000), $10,000,000, to 
remain available until expended.

                    OTHER DEFENSE RELATED ACTIVITIES

         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 30 passenger motor vehicles for 
replacement only, $4,974,476,000, 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, $1,082,714,000, 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.), $65,000,000, 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, $585,755,000, to remain 
available until expended, of which $17,000,000 shall be for the 
Department of Energy Employees Compensation Initiative upon enactment 
of authorization legislation into law.

                     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, $200,000,000, 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 Nez 
Perce Tribe Resident Fish Substitution Program, the Cour D'Alene Tribe 
Trout Production facility, and for official reception and 
representation expenses in an amount not to exceed $1,500.
    During fiscal year 2001, no new direct loan obligations may be 
made. Section 511 of the Energy and Water Development Appropriations 
Act, 1997 (Public Law 104-206), is amended by striking the last 
sentence and inserting ``This authority shall expire January 1, 
2003.''.

      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, $3,900,000, to remain 
available until expended; in addition, notwithstanding the provisions 
of 31 U.S.C. 3302, amounts collected by the Southeastern Power 
Administration pursuant to the Flood Control Act to recover purchase 
power and wheeling expenses shall be credited to this account as 
offsetting collections, to remain available until expended for the sole 
purpose of making purchase power and wheeling expenditures as follows: 
for fiscal year 2001, up to $34,463,000; for fiscal year 2002, up to 
$26,463,000; for fiscal year 2003, up to $20,000,000; and for fiscal 
year 2004, up to $15,000,000.

      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, $28,100,000, 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: Provided, That amounts collected by the Southwestern Power 
Administration pursuant to the Flood Control Act to recover purchase 
power and wheeling expenses shall be credited to this account as 
offsetting collections, to remain available until expended for the sole 
purpose of making purchase power and wheeling expenditures as follows: 
for fiscal year 2001, up to $288,000; for fiscal year 2002, up to 
$288,000; for fiscal year 2003, up to $288,000; and for fiscal year 
2004, up to $288,000.

 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, $165,830,000, to remain 
available until expended, of which $154,616,000 shall be derived from 
the Department of the Interior Reclamation Fund: Provided, That of the 
amount herein appropriated, $5,950,000 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: 
Provided further, That amounts collected by the Western Area Power 
Administration pursuant to the Flood Control Act of 1944 and the 
Reclamation Project Act of 1939 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose of making 
purchase power and wheeling expenditures as follows: for fiscal year 
2001, up to $65,224,000; for fiscal year 2002, up to $33,500,000; for 
fiscal year 2003, up to $30,000,000; and for fiscal year 2004, up to 
$20,000,000.

           Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $2,670,000, 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), 
$175,200,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, not to exceed $175,200,000 
of revenues from fees and annual charges, and other services and 
collections in fiscal year 2001 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 2001 so as to result in a final fiscal year 2001 appropriation 
from the General Fund estimated at not more than $0.

                              RESCISSIONS

                     Defense Nuclear Waste Disposal

                              (rescission)

    Of the funds appropriated in Public Law 104-46 for interim storage 
of nuclear waste, $75,000,000 are transferred to this heading and are 
hereby rescinded.

             Defense Environmental Management Privatization

                              (rescission)

    Of the funds appropriated in Public Law 106-60 and prior Energy and 
Water Development Acts for the Tank Waste Remediation System at 
Richland, Washington, $97,000,000 of unexpended balances of prior 
appropriations are rescinded.

                           GENERAL PROVISIONS

                          DEPARTMENT OF ENERGY

    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. 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. 303. None of the funds appropriated by this Act may be used to 
augment the $24,500,000 made available for obligation by this Act for 
severance payments and other benefits and community assistance grants 
under section 3161 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 7274h) unless 
the Department of Energy submits a reprogramming request subject to 
approval by the appropriate Congressional committees.
    Sec. 304. 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. 305. 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. 306. Of the funds in this Act provided to government-owned, 
contractor-operated laboratories, not to exceed 6 percent shall be 
available to be used for Laboratory Directed Research and Development.
    Sec. 307. (a) Of the funds appropriated by this title to the 
Department of Energy, not more than $185,000,000 shall be available for 
reimbursement of management and operating contractor travel expenses, 
of which $10,000,000 is available for use by the Chief Financial 
Officer of the Department of Energy for emergency travel expenses.
    (b) Funds appropriated by this title to the Department of Energy 
may be used to reimburse a Department of Energy management and 
operating contractor for travel costs of its employees under the 
contract only to the extent that the contractor applies to its 
employees the same rates and amounts as those that apply to Federal 
employees under subchapter I of chapter 57 of title 5, United States 
Code, or rates and amounts established by the Secretary of Energy. The 
Secretary of Energy may provide exceptions to the reimbursement 
requirements of this section as the Secretary considers appropriate.
    (c) The limitation in subsection (a) shall not apply to 
reimbursement of management and operating contractor travel expenses 
within the Laboratory Directed Research and Development program.
    Sec. 308. No funds are provided in this Act or any other Act for 
the Administrator of the Bonneville Power Administration to enter into 
any agreement to perform energy efficiency services outside the legally 
defined Bonneville service territory, with the exception of services 
provided internationally, including services provided on a reimbursable 
basis, unless the Administrator certifies that such services are not 
available from private sector businesses.
    Sec. 309. 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. For the purposes of this section, 
the material categories of transuranic waste at the Rocky Flats 
Environmental Technology Site include: (1) ash residues; (2) salt 
residues; (3) wet residues; (4) direct repackage residues; and (5) 
scrub alloy as referenced in the ``Final Environmental Impact Statement 
on Management of Certain Plutonium Residues and Scrub Alloy Stored at 
the Rocky Flats Environmental Technology Site''.
    Sec. 310. The Administrator of the National Nuclear Security 
Administration may authorize the plant manager of a covered nuclear 
weapons production plant to engage in research, development, and 
demonstration activities with respect to the engineering and 
manufacturing capabilities at such plant in order to maintain and 
enhance such capabilities at such plant: Provided, That of the amount 
allocated to a covered nuclear weapons production plant each fiscal 
year from amounts available to the Department of Energy for such fiscal 
year for national security programs, not more than an amount equal to 2 
percent of such amount may be used for these activities: Provided 
further, That for purposes of this section, the term ``covered nuclear 
weapons production plant'' means the following:
            (1) The Kansas City Plant, Kansas City, Missouri.
            (2) The Y-12 Plant, Oak Ridge, Tennessee.
            (3) The Pantex Plant, Amarillo, Texas.
            (4) The Savannah River Plant, South Carolina.
    Sec. 311. Notwithstanding any other law, and without fiscal year 
limitation, each Federal Power Marketing Administration is authorized 
to engage in activities and solicit, undertake and review studies and 
proposals relating to the formation and operation of a regional 
transmission organization.
    Sec. 312. Not more than $10,000,000 of funds previously 
appropriated for interim waste storage activities for Defense Nuclear 
Waste Disposal in Public Law 104-46, the Energy and Water Development 
Appropriations Act, 1996, may be made available to the Department of 
Energy upon written certification by the Secretary of Energy to the 
House and Senate Committees on Appropriations that the Site 
Recommendation Report cannot be completed on time without additional 
funding.
    Sec. 313. Term of Office of Person First Appointed as Under 
Secretary for Nuclear Security of the Department of Energy. (a) Length 
of Term.--The term of office as Under Secretary for Nuclear Security of 
the Department of Energy of the first person appointed to that position 
shall be 3 years.
    (b) Exclusive Reasons for Removal.--The exclusive reasons for 
removal from office as Under Secretary for Nuclear Security of the 
person described in subsection (a) shall be inefficiency, neglect of 
duty, or malfeasance in office.
    (c) Position Described.--The position of Under Secretary for 
Nuclear Security of the Department of Energy referred to in this 
section is the position established by subsection (c) of section 202 of 
the Department of Energy Organization Act (42 U.S.C. 7132), as added by 
section 3202 of the National Nuclear Security Administration Act (title 
XXXII of Public Law 106-65; 113 Stat. 954).
    Sec. 314. Scope of Authority of Secretary of Energy to Modify 
Organization of National Nuclear Security Administration. (a) Scope of 
Authority.--Subtitle A of the National Nuclear Security Administration 
Act (title XXXII of Public Law 106-65; 113 Stat. 957; 50 U.S.C. 2401 et 
seq.) is amended by adding at the end the following new section:

``SEC. 3219. SCOPE OF AUTHORITY OF SECRETARY OF ENERGY TO MODIFY 
              ORGANIZATION OF ADMINISTRATION.

    ``Notwithstanding the authority granted by section 643 of the 
Department of Energy Organization Act (42 U.S.C. 7253) or any other 
provision of law, the Secretary of Energy may not establish, abolish, 
alter, consolidate, or discontinue any organizational unit or 
component, or transfer any function, of the Administration, except as 
authorized by subsection (b) or (c) of section 3291.''.
    (b) Conforming Amendments.--Section 643 of the Department of Energy 
Organization Act (42 U.S.C. 7253) is amended--
            (1) by striking ``The Secretary'' and inserting ``(a) 
        Subject to subsection (b), the Secretary''; and
            (2) by adding at the end the following new subsection:
    ``(b) The authority of the Secretary to establish, abolish, alter, 
consolidate, or discontinue any organizational unit or component of the 
National Nuclear Security Administration is governed by the provisions 
of section 3219 of the National Nuclear Security Administration Act 
(title XXXII of Public Law 106-65).''.
    Sec. 315. Prohibition on Pay of Personnel Engaged in Concurrent 
Service or Duties Inside and Outside National Nuclear Security 
Administration. Subtitle C of the National Nuclear Security 
Administration Act (title XXXII of Public Law 106-65; 50 U.S.C. 2441 et 
seq.) is amended by adding at the end the following new section:

``SEC. 3245. PROHIBITION ON PAY OF PERSONNEL ENGAGED IN CONCURRENT 
              SERVICE OR DUTIES INSIDE AND OUTSIDE ADMINISTRATION.

    ``(a) Except as otherwise expressly provided by statute, no funds 
authorized to be appropriated or otherwise made available for the 
Department of Energy may be obligated or utilized to pay the basic pay 
of an officer or employee of the Department of Energy who--
            ``(1) serves concurrently in a position in the 
        Administration and a position outside the Administration; or
            ``(2) performs concurrently the duties of a position in the 
        Administration and the duties of a position outside the 
        Administration.
    ``(b) The provision of this section shall take effect 60 days after 
the date of enactment of this section.''.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized by the 
Appalachian Regional Development Act of 1965, as amended, for necessary 
expenses for the Federal Co-Chairman and the alternate on the 
Appalachian Regional Commission, for payment of the Federal share of 
the administrative expenses of the Commission, including services as 
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, 
$66,400,000, to remain available until expended.

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

    For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, as amended by Public Law 100-456, section 1441, $18,500,000, to 
remain available until expended.

                        Delta Regional Authority

                         salaries and expenses

    For necessary expenses to establish the Delta Regional Authority 
and to carry out its activities, $20,000,000, to remain available until 
expended.

                           Denali Commission

    For expenses of the Denali Commission including the purchase, 
construction and acquisition of plant and capital equipment as 
necessary and other expenses, $30,000,000, to remain available until 
expended.

                     Nuclear Regulatory Commission

                         salaries and expenses

    For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974, as amended, and the 
Atomic Energy Act of 1954, as amended, including official 
representation expenses (not to exceed $15,000), $481,900,000, to 
remain available until expended: Provided, That of the amount 
appropriated herein, $21,600,000 shall be derived from the Nuclear 
Waste Fund: Provided further, That revenues from licensing fees, 
inspection services, and other services and collections estimated at 
$447,958,000 in fiscal year 2001 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 $3,200,000 of the funds herein appropriated for 
regulatory reviews and assistance to other Federal agencies and States 
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 2001 so 
as to result in a final fiscal year 2001 appropriation estimated at not 
more than $33,942,000.

                      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, $5,500,000, to remain available until expended: Provided, That 
revenues from licensing fees, inspection services, and other services 
and collections estimated at $5,390,000 in fiscal year 2001 shall be 
retained and be available until expended, for necessary salaries and 
expenses in this account notwithstanding 31 U.S.C. 3302: Provided 
further, That the sum herein appropriated shall be reduced by the 
amount of revenues received during fiscal year 2001 so as to result in 
a final fiscal year 2001 appropriation estimated at not more than 
$110,000.

                  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, $2,900,000, to be 
derived from the Nuclear Waste Fund, and to remain available until 
expended.

                                TITLE V

               FISCAL YEAR 2001 EMERGENCY APPROPRIATIONS

                          DEPARTMENT OF ENERGY

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                      cerro grande fire activities

    For necessary expenses to remediate damaged Department of Energy 
facilities and for other expenses associated with the Cerro Grande 
fire, $203,460,000, to remain available until expended, of which 
$2,000,000 shall be made available to the United States Army Corps of 
Engineers to undertake immediate measures to provide erosion control 
and sediment protection to sewage lines, trails, and bridges in Pueblo 
and Los Alamos Canyons downstream of Diamond Drive in New Mexico: 
Provided, That the entire amount shall be available only to the extent 
an official budget request for $203,460,000, that includes designation 
of the entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to the Congress: 
Provided further, That the entire amount is designated by the Congress 
as an emergency requirement pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For necessary expenses to carry out the programs authorized by the 
Appalachian Regional Development Act of 1965, as amended, $11,000,000, 
to remain available until expended, which shall be available only to 
the extent an official budget request for $11,000,000, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress: Provided, That the entire amount is designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended.

                                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 appropriated by this Act shall be used 
to propose or issue rules, regulations, decrees, or orders for the 
purpose of implementation, or in preparation for implementation, of the 
Kyoto Protocol which was adopted on December 11, 1997, in Kyoto, Japan 
at the Third Conference of the Parties to the United Nations Framework 
Convention on Climate Change, which has not been submitted to the 
Senate for advice and consent to ratification pursuant to article II, 
section 2, clause 2, of the United States Constitution, and which has 
not entered into force pursuant to article 25 of the Protocol.
    Sec. 605. Funding of the Coastal Wetlands Planning, Protection and 
Restoration Act. Section 4(a) of the Act of August 9, 1950 (16 U.S.C. 
777c(a)), is amended in the second sentence by striking ``2000'' and 
inserting ``2009''.
    Sec. 606. Redesignation of Interstate Sanitation Commission and 
District. (a) Interstate Sanitation Commission.--
            (1) In general.--The district known as the ``Interstate 
        Sanitation Commission'', established by article III of the Tri-
        State Compact described in the Resolution entitled, ``A Joint 
        Resolution granting the consent of Congress to the States of 
        New York, New Jersey, and Connecticut to enter into a compact 
        for the creation of the Interstate Sanitation District and the 
        establishment of the Interstate Sanitation Commission'', 
        approved August 27, 1935 (49 Stat. 933), is redesignated as the 
        ``Interstate Environmental Commission''.
            (2) References.--Any reference in a law, regulation, map, 
        document, paper, or other record of the United States to the 
        Interstate Sanitation Commission shall be deemed to be a 
        reference to the Interstate Environmental Commission.
    (b) Interstate Sanitation District.--
            (1) In general.--The district known as the ``Interstate 
        Sanitation District'', established by article II of the Tri-
        State Compact described in the Resolution entitled, ``A Joint 
        Resolution granting the consent of Congress to the States of 
        New York, New Jersey, and Connecticut to enter into a compact 
        for the creation of the Interstate Sanitation District and the 
        establishment of the Interstate Sanitation Commission'', 
        approved August 27, 1935 (49 Stat. 932), is redesignated as the 
        ``Interstate Environmental District''.
            (2) References.--Any reference in a law, regulation, map, 
        document, paper, or other record of the United States to the 
        Interstate Sanitation District shall be deemed to be a 
        reference to the Interstate Environmental District.

                               TITLE VII

                       DEPARTMENT OF THE TREASURY

                       Bureau of the Public Debt

      gifts to the united states for reduction of the public debt

    For deposit of an additional amount for fiscal year 2001 into the 
account established under section 3113(d) of title 31, United States 
Code, to reduce the public debt, $5,000,000,000.

                               TITLE VIII

                     NUCLEAR REGULATORY COMMISSION

    Section 6101 of the Omnibus Budget Reconciliation Act of 1990 (42 
U.S.C. 2214) is amended--
            (1) in subsection (a)(3), by striking ``September 30, 
        1999'' and inserting ``September 20, 2005''; and
            (2) in subsection (c)--
                    (A) in paragraph (1), by inserting ``or certificate 
                holder'' after ``licensee''; and
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Aggregate amount of charges.--
                    ``(A) In general.--The aggregate amount of the 
                annual charges collected from all licensees and 
                certificate holders in a fiscal year shall equal an 
                amount that approximates the percentages of the budget 
                authority of the Commission for the fiscal year stated 
                in subparagraph (B), less--
                            ``(i) amounts collected under subsection 
                        (b) during the fiscal year; and
                            ``(ii) amounts appropriated to the 
                        Commission from the Nuclear Waste Fund for the 
                        fiscal year.
                    ``(B) Percentages.--The percentages referred to in 
                subparagraph (A) are--
                            ``(i) 98 percent for fiscal year 2001;
                            ``(ii) 96 percent for fiscal year 2002;
                            ``(iii) 94 percent for fiscal year 2003;
                            ``(iv) 92 percent for fiscal year 2004; and
                            ``(v) 90 percent for fiscal year 2005.''.
    This Act may be cited as the ``Energy and Water Development 
Appropriations Act, 2001''.
                                 <all>