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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1186 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 128
106th CONGRESS
  1st Session
                                S. 1186

                          [Report No. 106-58]

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

Rule___________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 2, 1999

  Mr. Domenici from the Committee on Appropriations, reported, under 
  authority of the order of the Senate of May 27, 1999, the following 
     original bill; which was read twice and placed on the calendar

_______________________________________________________________________

                                 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, $125,459,000, to remain available until expended, of 
which funds are provided for the following projects in the amounts 
specified:
            Great Egg Harbor Inlet to Townsend's Inlet, New Jersey, 
        $226,000:
Provided, That the Secretary of the Army is directed to use $328,000 of 
the funds appropriated herein to implement section 211(f)(7) of Public 
Law 104-303 (110 Stat. 3684) and to reimburse the non-Federal sponsor a 
portion of the Federal share of project costs for the Hunting Bayou 
element of the project for flood control, Buffalo Bayou and 
tributaries, Texas.

                         Construction, General

    For the prosecution of river and harbor, flood control, shore 
protection, and related projects authorized by laws; and detailed 
studies, and plans and specifications, of projects (including those for 
development with participation or under consideration for participation 
by States, local governments, or private groups) authorized or made 
eligible for selection by law (but such studies shall not constitute a 
commitment of the Government to construction), $1,113,227,000, to 
remain available until expended, of which such sums as are necessary 
for the Federal share of construction costs for facilities under the 
Dredged Material Disposal Facilities program shall be derived from the 
Harbor Maintenance Trust Fund, as authorized by Public Law 104-303; and 
of which such sums as are necessary pursuant to Public Law 99-662 shall 
be derived from the Inland Waterways Trust Fund, for one-half of the 
costs of construction and rehabilitation of inland waterways projects, 
including rehabilitation costs for the Lock and Dam 25, Mississippi 
River, Illinois and Missouri; Lock and Dam 14, Mississippi River, Iowa; 
Lock and Dam 24, Part 1 and Part 2, Mississippi River, Illinois and 
Missouri; and Lock and Dam 3, Mississippi River, Minnesota, London Lock 
and Dam, Kanawha River, West Virginia; and Lock and Dam 12, Mississippi 
River, Iowa, projects, and of which funds are provided for the 
following projects in the amounts specified:
            Norco Bluffs, California, $2,200,000;
            Indianapolis Central Waterfront, Indiana, $3,000,000;
            Ohio River Flood Protection, Indiana, $1,000,000;
            Jackson County, Mississippi, $800,000;
            Virginia Beach, Virginia (Hurricane Protection), 
        $17,000,000; and
            Upper Mingo County (including Mingo County Tributaries), 
        Lower Mingo County (Kermit), Wayne County, and McDowell County, 
        elements of the Levisa and Tug Forks of the Big Sandy River and 
        Upper Cumberland River project in West Virginia, $4,400,000:
Provided, That the Secretary of the Army is directed to use $9,000,000 
of the funds appropriated herein to implement section 211(f)(6) of 
Public Law 104-303 (110 Stat. 3683) and to reimburse the non-Federal 
sponsor a portion of the Federal share of project construction costs 
for the flood control components comprising the Brays Bayou element of 
the project for flood control, Buffalo Bayou and tributaries, Texas: 
Provided further, That the Secretary of the Army, acting through the 
Chief of Engineers, is directed to use $2,000,000 provided herein to 
construct bluff stabilization measures at authorized locations for 
Natchez Bluff, Mississippi: Provided further, That no part of any 
appropriation contained in this Act shall be expended or obligated to 
begin Phase II on the John Day Drawdown study or to initiate a study of 
the drawdown of McNary Dam unless authorized by law: Provided further, 
That using $200,000 of the funds provided herein, the Secretary of the 
Army, acting through the Chief of Engineers, is directed to initiate a 
Detailed Project Report for the Dickenson County, Virginia, element of 
the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland 
River, West Virginia, Virginia and Kentucky, project: Provided further, 
That the Secretary of the Army, acting through the Chief of Engineers, 
shall not provide funding for construction of an emergency outlet from 
Devils Lake, North Dakota, to the Sheyenne River, unless the Secretary 
of the Army determines that an emergency (as defined in section 102 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5122)) exists with respect to the emergency need for the outlet 
and reports to Congress that the construction is technically sound, 
economically justified, and environmentally acceptable and in 
compliance with the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.): Provided further, That the economic justification 
for the emergency outlet shall be prepared in accordance with the 
principles and guidelines for economic evaluation as required by 
regulations and procedures of the Army Corps of Engineers for all flood 
control projects, and that the economic justification be fully 
described, including the analysis of the benefits and costs, in the 
project plan documents: Provided further, That the plans for the 
emergency outlet shall be reviewed and, to be effective, shall contain 
assurances provided by the Secretary of State, after consultation with 
the International Joint Commission, that the project will not violate 
the requirements or intent of the Treaty Between the United States and 
Great Britain Relating to Boundary Waters Between the United States and 
Canada, signed at Washington January 11, 1909 (36 Stat. 2448; TS 548) 
(commonly known as the ``Boundary Waters Treaty of 1909''): Provided 
further, That the Secretary of the Army shall submit the final plans 
and other documents for the emergency outlet to Congress: Provided 
further, That no funds made available under this Act or any other Act 
for any fiscal year may be used by the Secretary of the Army to carry 
out the portion of the feasibility study of the Devils Lake Basin, 
North Dakota, authorized under the Energy and Water Development 
Appropriations Act, 1993 (Public Law 102-377), that addresses the needs 
of the area for stabilized lake levels through inlet controls, or to 
otherwise study any facility or carry out any activity that would 
permit the transfer of water from the Missouri River Basin into Devils 
Lake.

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

    For expenses necessary for prosecuting work of flood control, and 
rescue work, repair, restoration, or maintenance of flood control 
projects threatened or destroyed by flood, as authorized by law (33 
U.S.C. 702a, 702g-1), $315,630,000, to remain available until expended.

                   Operation and Maintenance, General

    For expenses necessary for the preservation, operation, 
maintenance, and care of existing river and harbor, flood control, and 
related works, including such sums as may be necessary for the 
maintenance of harbor channels provided by a State, municipality or 
other public agency, outside of harbor lines, and serving essential 
needs of general commerce and navigation; surveys and charting of 
northern and northwestern lakes and connecting waters; clearing and 
straightening channels; and removal of obstructions to navigation, 
$1,790,043,000, to remain available until expended, of which such sums 
as become available from the special account established by the Land 
and Water Conservation Act of 1965, as amended (16 U.S.C. 460l), may be 
derived from that account for construction, operation, and maintenance 
of outdoor recreation facilities: Provided, That no funds, whether 
appropriated, contributed, or otherwise provided, shall be available to 
the United States Army Corps of Engineers for the purpose of acquiring 
land in Jasper County, South Carolina, in connection with the Savannah 
Harbor navigation project.

                           Regulatory Program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $115,000,000, to remain 
available until expended: Provided, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to use $5,000,000 of 
funds appropriated herein to fully implement an administrative appeals 
process for the Corps of Engineers Regulatory Program, which 
administrative appeals process shall provide for a single-level appeal 
of jurisdictional determinations, the results of which shall be 
considered final agency action under the Administrative Procedures Act.

            Formerly Utilized Sites Remedial Action Program

                     (including transfer of funds)

    For expenses necessary to clean up contamination from sites 
throughout the United States resulting from work performed as part of 
the Nation's early atomic energy program, $150,000,000, to remain 
available until expended: Provided, That the United States Army Corps 
of Engineers under this program shall undertake the following functions 
and activities to be performed at eligible sites where remediation has 
not been completed: sampling and assessment of contaminated areas, 
characterization of site conditions, determination of the nature and 
extent of contamination, selection of the necessary and appropriate 
response actions as the lead Federal agency, cleanup and closeout of 
sites, and any other functions and activities determined by the Chief 
of Engineers as necessary for carrying out this program, including the 
acquisition of real estate interests where necessary, which may be 
transferred upon completion of remediation to the administrative 
jurisdiction of the Department of Energy: Provided further, That 
response actions by the United States Army Corps of Engineers under 
this program shall be subject to the Comprehensive Environmental 
Response, Compensation and Liability Act (42 U.S.C. 9601 et seq.), and 
the National Oil and Hazardous Substances Pollution Contingency Plan, 
40 CFR, Chapter 1, Part 300: Provided further, That these provisions do 
not alter, curtail or limit the authorities, functions or 
responsibilities of other agencies under CERCLA or, except as stated 
herein, under the Atomic Energy Act (42 U.S.C. 2011 et seq.): Provided 
further, That any sums recovered under CERCLA or other authority from a 
liable party, contractor, insurer, surety, or other person for any 
expenditures by the Army Corps of Engineers or the Department of Energy 
for response actions under the Formerly Utilized Sites Remedial Action 
Program shall be credited to this account and will be available until 
expended for response action costs for any eligible site: Provided 
further, That the Secretary of Energy may exercise the authority of 42 
U.S.C. 2208 to make payments in lieu of taxes for federally-owned 
property where Formerly Utilized Sites Remedial Action Program 
activities are conducted, regardless of which Federal agency has 
administrative jurisdiction over the property and notwithstanding 
references to ``the activities of the Commission'' in 42 U.S.C. 2208.

                            General Expenses

    For expenses necessary for general administration and related 
functions in the Office of the Chief of Engineers and offices of the 
Division Engineers; activities of the Coastal Engineering Research 
Board, the Humphreys Engineer Center Support Activity, the Water 
Resources Support Center, and headquarters support functions at the 
USACE Finance Center; $151,000,000, to remain available until expended: 
Provided, That no part of any other appropriation provided in title I 
of this Act shall be available to fund the activities of the Office of 
the Chief of Engineers or the executive direction and management 
activities of the division offices.

                             Revolving Fund

    Using amounts available in the Revolving Fund, the Secretary of the 
Army is authorized to renovate office space in the General Accounting 
Office (GAO) headquarters building in Washington, D.C., for use by the 
Corps and GAO. The Secretary shall ensure that the Revolving Fund is 
appropriately reimbursed from appropriations of the Corps' benefitting 
programs by collection each year of amounts sufficient to repay the 
capitalized cost of such renovation and through rent reductions or 
rebates from GAO.

                        Administrative Provision

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

                           GENERAL PROVISIONS

                       Corps of Engineers--Civil

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

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                central utah project completion account

    For carrying out activities authorized by the Central Utah Project 
Completion Act, and for activities related to the Uintah and Upalco 
Units authorized by 43 U.S.C. 620, $38,049,000, to remain available 
until expended, of which $17,047,000 shall be deposited into the Utah 
Reclamation Mitigation and Conservation Account: Provided, That of the 
amounts deposited into that account, $5,000,000 shall be considered the 
Federal contribution authorized by paragraph 402(b)(2) of the Central 
Utah Project Completion Act and $12,047,000 shall be available to the 
Utah Reclamation Mitigation and Conservation Commission to carry out 
activities authorized under that Act.
    In addition, for necessary expenses incurred in carrying out 
related responsibilities of the Secretary of the Interior, $1,321,000, 
to remain available until expended.

                         Bureau of Reclamation

    For carrying out the functions of the Bureau of Reclamation as 
provided in the Federal reclamation laws (Act of June 17, 1902, 32 
Stat. 388, and Acts amendatory thereof or supplementary thereto) and 
other Acts applicable to that Bureau as follows:

                      water and related resources

                     (including transfer of funds)

    For management, development, and restoration of water and related 
natural resources and for related activities, including the operation, 
maintenance and rehabilitation of reclamation and other facilities, 
participation in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and other agreements 
with, State and local governments, Indian Tribes, and others, 
$612,451,000, to remain available until expended, of which $2,247,000 
shall be available for transfer to the Upper Colorado River Basin Fund 
and $24,326,000 shall be available for transfer to the Lower Colorado 
River Basin Development Fund, and of which such amounts as may be 
necessary may be advanced to the Colorado River Dam Fund: Provided, 
That such transfers may be increased or decreased within the overall 
appropriation under this heading: Provided further, That of the total 
appropriated, the amount for program activities that can be financed by 
the Reclamation Fund or the Bureau of Reclamation special fee account 
established by 16 U.S.C. 460l-6a(i) shall be derived from that Fund or 
account: Provided further, That funds contributed under 43 U.S.C. 395 
are available until expended for the purposes for which contributed: 
Provided further, That funds advanced under 43 U.S.C. 397a shall be 
credited to this account and are available until expended for the same 
purposes as the sums appropriated under this heading: Provided further, 
That funds available for expenditure for the Departmental Irrigation 
Drainage Program may be expended by the Bureau of Reclamation for site 
remediation on a non-reimbursable basis: Provided further, That section 
301 of Public Law 102-250, Reclamation States Emergency Drought Relief 
Act of 1991, as amended by Public Law 104-206, is amended further by 
inserting ``1999, and 2000'' in lieu of ``and 1997'': Provided further, 
That the amount authorized for Indian municipal, rural, and industrial 
water features by section 10 of Public Law 89-108, as amended by 
section 8 of Public Law 99-294, section 1701(b) of Public Law 102-575, 
and Public Law 105-245, is increased by $2,000,000 (October 1998 
prices).

               bureau of reclamation loan program account

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

                central valley project restoration fund

    For carrying out the programs, projects, plans, and habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, $37,346,000, to be derived from such 
sums as may be collected in the Central Valley Project Restoration Fund 
pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of 
Public Law 102-575, to remain available until expended: Provided, That 
the Bureau of Reclamation is directed to assess and collect the full 
amount of the additional mitigation and restoration payments authorized 
by section 3407(d) of Public Law 102-575.

                    california bay-delta restoration

                     (including transfer of funds)

    For necessary expenses of the Department of the Interior and other 
participating Federal agencies in carrying out ecosystem restoration 
activities pursuant to the California Bay-Delta Environmental 
Enhancement Act and other activities that are in accord with the CALFED 
Bay-Delta Program, including projects to improve water use efficiency, 
water quality, groundwater and surface storage, levees, conveyance, and 
watershed management, consistent with plans to be approved by the 
Secretary of the Interior, in consultation with such Federal agencies, 
$50,000,000, to remain available until expended, of which $30,000,000 
shall be used for ecosystem restoration activities and $20,000,000 
shall be used for such other activities, and of which such amounts as 
may be necessary to conform with such plans shall be transferred to 
appropriate accounts of such Federal agencies: Provided, That no more 
than $2,500,000 of the funds appropriated herein may be used for 
planning and management activities associated with developing the 
overall CALFED Bay-Delta Program and coordinating its staged 
implementation: Provided further, That funds for ecosystem restoration 
activities may be obligated only as non-Federal sources provide their 
share in accordance with the cost-sharing agreement required under 
section 1101(d) of such Act, and that funds for such other activities 
may be obligated only as non-Federal sources provide their share in a 
manner consistent with such cost-sharing agreement: Provided further, 
That such funds may be obligated prior to the completion of a final 
programmatic environmental impact statement only if: (1) consistent 
with 40 CFR 1506.1(c); and (2) used for purposes that the Secretary 
finds are of sufficiently high priority to warrant such an expenditure.

                       policy and administration

    For necessary expenses of policy, administration, and related 
functions in the office of the Commissioner, the Denver office, and 
offices in the five regions of the Bureau of Reclamation, to remain 
available until expended, $49,000,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: 
Provided, That no part of any other appropriation in this Act shall be 
available for activities or functions budgeted as policy and 
administration expenses.

                       administrative provisions

    Sec. 201. Advance payments made under this title to Indian tribes, 
tribal organizations, and tribal consortia pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.) or 
the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) 
may be invested by the Indian tribe, tribal organization, or consortium 
before such funds are expended for the purposes of the grant, compact, 
or annual funding agreement so long as such funds are:
            (1) invested by the Indian tribe, tribal organization, or 
        consortium only in obligations of the United States, or in 
        obligations or securities that are guaranteed or insured by the 
        United States, or mutual (or other) funds registered with the 
        Securities and Exchange Commission and which only invest in 
        obligations of the United States or securities that are 
        guaranteed or insured by the United States; or
            (2) deposited only into accounts that are insured by an 
        agency or instrumentality of the United States, or are fully 
        collateralized to ensure protection of the Funds, even in the 
        event of a bank failure.
    Sec. 202. Appropriations for the Bureau of Reclamation shall be 
available for purchase of not to exceed seven passenger motor vehicles 
for replacement only.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                             Energy Supply

                     (including transfer of funds)

    For expenses of the Department of Energy activities including the 
purchase, construction and acquisition of plant and capital equipment 
and other expenses necessary for energy supply, and uranium supply and 
enrichment activities in carrying out the purposes of the Department of 
Energy Organization Act (42 U.S.C. 7101 et seq.), including the 
acquisition or condemnation of any real property or any facility or for 
plant or facility acquisition, construction, or expansion; and the 
purchase of not to exceed 1 passenger motor vehicle for replacement 
only, $721,233,000, of which $821,000 shall be derived by transfer from 
the Geothermal Resources Development Fund, and $5,000,000 shall be 
derived by transfer from the United States Enrichment Corporation Fund.

                  Non-Defense Environmental Management

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental management activities 
in carrying out the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation 
of any real property or any facility or for plant or facility 
acquisition, construction or expansion, $327,922,000, to remain 
available until expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

    For necessary expenses in carrying out uranium enrichment facility 
decontamination and decommissioning, remedial actions and other 
activities of title II of the Atomic Energy Act of 1954 and title X, 
subtitle A of the Energy Policy Act of 1992, $200,000,000, to be 
derived from the Fund, to remain available until expended: Provided, 
That $25,000,000 of amounts derived from the Fund for such expenses 
shall be available in accordance with title X, subtitle A, of the 
Energy Policy Act of 1992.

                                Science

    For expenses of the Department of Energy activities including the 
purchase, construction and acquisition of plant and capital equipment 
and other expenses necessary for science activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 
et seq.), including the acquisition or condemnation of any real 
property or facility or for plant or facility acquisition, 
construction, or expansion, and purchase of not to exceed 6 passenger 
motor vehicles for replacement only, $2,725,069,000, to remain 
available until expended.

                         Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $242,500,000 to be 
derived from the Nuclear Waste Fund: Provided, That not to exceed 
$4,727,000 may be provided to the State of Nevada solely for 
expenditures, other than salaries and expenses of State employees, to 
conduct scientific oversight responsibilities pursuant to the Nuclear 
Waste Policy Act of 1982, (Public Law 97-425) as amended: Provided 
further, That not to exceed $5,432,000 may be provided to affected 
units of local governments, as defined in Public Law 97-425, to conduct 
appropriate activities pursuant to the Act: Provided further, That the 
distribution of the funds as determined by the units of local 
government shall be approved by the Department of Energy: Provided 
further, That the funds shall be made available to the State and units 
of local government by direct payment: Provided further, That within 90 
days of the completion of each Federal fiscal year, the State and each 
local entity shall provide certification to the Department of Energy, 
that all funds expended from such payments have been expended for 
activities as defined in Public Law 97-425. Failure to provide such 
certification shall cause such entity to be prohibited from any further 
funding provided for similar activities: Provided further, That none of 
the funds herein appropriated may be: (1) used directly or indirectly 
to influence legislative action on any matter pending before Congress 
or a State legislature or for lobbying activity as provided in 18 
U.S.C. 1913; (2) used for litigation expenses; or (3) used to support 
multi-state efforts or other coalition building activities inconsistent 
with the restrictions contained in this Act.

                      Departmental Administration

    For salaries and expenses of the Department of Energy necessary for 
departmental administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the hire of passenger motor vehicles and official reception 
and representation expenses (not to exceed $35,000), $219,415,000, to 
remain available until expended, plus such additional amounts as 
necessary to cover increases in the estimated amount of cost of work 
for others notwithstanding the provisions of the Anti-Deficiency Act 
(31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work 
are offset by revenue increases of the same or greater amount, to 
remain available until expended: Provided further, That moneys received 
by the Department for miscellaneous revenues estimated to total 
$116,887,000 in fiscal year 2000 may be retained and used for operating 
expenses within this account, and may remain available until expended, 
as authorized by section 201 of Public Law 95-238, notwithstanding the 
provisions of 31 U.S.C. 3302: Provided further, That the sum herein 
appropriated shall be reduced by the amount of miscellaneous revenues 
received during fiscal year 2000 so as to result in a final fiscal year 
2000 appropriation from the General Fund estimated at not more than 
$102,528,000.

                    Office of the Inspector General

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

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                           Weapons Activities

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion; and the purchase of 
passenger motor vehicles (not to exceed 3 for replacement only), 
$4,609,832,000, to remain available until expended: Provided, That 
funding for any ballistic missile defense program undertaken by the 
Department of Energy for the Department of Defense shall be provided by 
the Department of Defense according to procedures established for Work 
for Others by the Department of Energy.

         Defense Environmental Restoration and Waste Management

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental restoration 
and waste management activities in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion; and the purchase of passenger motor vehicles (not to exceed 
35 for replacement only), $4,551,676,000, to remain available until 
expended.

                  Defense Facilities Closure Projects

    For expenses of the Department of Energy to accelerate the closure 
of defense environmental management sites, including the purchase, 
construction and acquisition of plant and capital equipment and other 
necessary expenses, $1,069,492,000, to remain available until expended.

             Defense Environmental Management Privatization

    For Department of Energy expenses for privatization projects 
necessary for atomic energy defense environmental management activities 
authorized by the Department of Energy Organization Act (42 U.S.C. 7101 
et seq.), $228,000,000, to remain available until expended.

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense, other defense activities, 
in carrying out the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation 
of any real property or any facility or for plant or facility 
acquisition, construction, or expansion, $1,872,000,000, to remain 
available until expended: Provided, That not to exceed $3,000 may be 
used for official reception and representation expenses for 
transparency activities and not to exceed $2,000 for the same purpose 
for national security and nonproliferation activities.

                     Defense Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $112,500,000, to remain 
available until expended.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for the 
Northeast Oregon Hatchery Master Plan, and for official reception and 
representation expenses in an amount not to exceed $3,000.
    During fiscal year 2000, no new direct loan obligations may be 
made.

      Operation and Maintenance, Southeastern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, 
including transmission wheeling and ancillary services, pursuant to the 
provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 
825s), as applied to the southeastern power area, $11,594,000; in 
addition, notwithstanding the provisions of 31 U.S.C. 3302, not to 
exceed $39,549,000 in reimbursements for transmission wheeling and 
ancillary services and for power purchases, to remain available until 
expended.

      Operation and Maintenance, Southwestern Power Administration

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

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

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other 
related activities including conservation and renewable resources 
programs as authorized, including official reception and representation 
expenses in an amount not to exceed $1,500, $223,555,000, to remain 
available until expended, of which $160,286,000 shall be derived from 
the Department of the Interior Reclamation Fund: Provided, That of the 
amount herein appropriated, $5,036,000 is for deposit into the Utah 
Reclamation Mitigation and Conservation Account pursuant to title IV of 
the Reclamation Projects Authorization and Adjustment Act of 1992.

           Falcon and Amistad Operating and Maintenance Fund

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

                  Federal Energy Regulatory Commission

                         salaries and expenses

    For necessary expenses of the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 
U.S.C. 3109, the hire of passenger motor vehicles, and official 
reception and representation expenses (not to exceed $3,000), 
$170,000,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, not to exceed $170,000,000 
of revenues from fees and annual charges, and other services and 
collections in fiscal year 2000 shall be retained and used for 
necessary expenses in this account, and shall remain available until 
expended: Provided further, That the sum herein appropriated from the 
General Fund shall be reduced as revenues are received during fiscal 
year 2000 so as to result in a final fiscal year 2000 appropriation 
from the General Fund estimated at not more than $0.

                           GENERAL PROVISIONS

                          Department of Energy

    Sec. 301. (a) None of the funds appropriated by this Act or any 
prior appropriations Act may be used to award a management and 
operating contract unless such contract is awarded using competitive 
procedures or the Secretary of Energy grants, on a case-by-case basis, 
a waiver to allow for such a deviation. The Secretary may not delegate 
the authority to grant such a waiver.
    (b) At least 60 days before a contract award, amendment, or 
modification for which the Secretary intends to grant such a waiver, 
the Secretary shall submit to the Subcommittees on Energy and Water 
Development of the Committees on Appropriations of the House of 
Representatives and the Senate a report notifying the subcommittees of 
the waiver and setting forth the reasons for the waiver.
    Sec. 302. Of the funds appropriated by this title to the Department 
of Energy, not more than $200,000,000 shall be available for 
reimbursement of contractor travel expenses, and no funds shall be 
available for reimbursement of contractor travel expenses that exceed 
80 percent of the amount incurred by any individual contractor in 
fiscal year 1998.
    Sec. 303. None of the funds appropriated by this Act or any prior 
appropriations Act may be used to--
            (1) develop or implement a workforce restructuring plan 
        that covers employees of the Department of Energy; or
            (2) provide enhanced severance payments or other benefits 
        for employees of the Department of Energy; under section 3161 
        of the National Defense Authorization Act for Fiscal Year 1993 
        (Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 7274h).
    Sec. 304. None of the funds appropriated by this Act or any prior 
appropriations Act may be used to augment the $30,000,000 made 
available for obligation by this Act for severance payments and other 
benefits and community assistance grants under section 3161 of the 
National Defense Authorization Act for Fiscal Year 1993 (Public Law 
102-484; 106 Stat. 2644; 42 U.S.C. 7274h).
    Sec. 305. None of the funds appropriated by this Act or any prior 
appropriations Act may be used to prepare or initiate Requests For 
Proposals (RFPs) for a program if the program has not been funded by 
Congress.

                   (transfers of unexpended balances)

    Sec. 306. The unexpended balances of prior appropriations provided 
for activities in this Act may be transferred to appropriation accounts 
for such activities established pursuant to this title. Balances so 
transferred may be merged with funds in the applicable established 
accounts and thereafter may be accounted for as one fund for the same 
time period as originally enacted.
    Sec. 307. None of the funds in this Act may be used to dispose of 
transuranic waste in the Waste Isolation Pilot Plant which contains 
concentrations of plutonium in excess of 20 percent by weight for the 
aggregate of any material category on the date of enactment of this 
Act, or is generated after such date.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized by the 
Appalachian Regional Development Act of 1965, as amended, for necessary 
expenses for the Federal Co-Chairman and the alternate on the 
Appalachian Regional Commission, for payment of the Federal share of 
the administrative expenses of the Commission, including services as 
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, 
$71,400,000, to remain available until expended.

                           Denali Commission

    For expenses of the Denali Commission including the purchase, 
construction and acquisition of plant and capital equipment as 
necessary and other expenses, $25,000,000, to remain available until 
expended.

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

    For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, as amended by Public Law 100-456, section 1441, $17,500,000, to 
remain available until expended.

                     Nuclear Regulatory Commission

                         salaries and expenses

    For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974, as amended, and the 
Atomic Energy Act of 1954, as amended, including official 
representation expenses (not to exceed $15,000), $465,400,000, to 
remain available until expended: Provided, That of the amount 
appropriated herein, $19,150,000 shall be derived from the Nuclear 
Waste Fund: Provided further, That revenues from licensing fees, 
inspection services, and other services and collections estimated at 
$442,400,000 in fiscal year 2000 shall be retained and used for 
necessary salaries and expenses in this account, notwithstanding 31 
U.S.C. 3302, and shall remain available until expended: Provided 
further, That $3,850,000 of the funds herein appropriated for 
regulatory reviews and other assistance provided to the Department of 
Energy and other Federal agencies shall be excluded from license fee 
revenues, notwithstanding 42 U.S.C. 2214: Provided further, That the 
sum herein appropriated shall be reduced by the amount of revenues 
received during fiscal year 2000 so as to result in a final fiscal year 
2000 appropriation estimated at not more than $23,000,000.

                      office of inspector general

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

                  Nuclear Waste Technical Review Board

                         salaries and expenses

    For necessary expenses of the Nuclear Waste Technical Review Board, 
as authorized by Public Law 100-203, section 5051, $3,150,000, to be 
derived from the Nuclear Waste Fund, and to remain available until 
expended.

                    Tennessee Valley Authority Fund

    For the purposes of carrying out the provisions of the Tennessee 
Valley Authority Act of 1933, as amended (16 U.S.C. ch. 12A), 
$7,000,000, to remain available until expended for operation, 
maintenance, surveillance, and improvement of Land Between The Lakes.

                          TITLE V--RESCISSIONS

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                         general investigations

                             (rescissions)

    Of the funds made available under this heading in Public Law 105-
245 and prior Energy and Water Development Acts, the following amounts 
are hereby rescinded in the amounts specified:
            Calleguas, Creek, California, $271,100;
            San Joaquin, Caliente Creek, California, $155,400;
            Red River Waterway, Shreveport, Louisiana, to Dangerfield, 
        Texas $582,600;
            Buffalo, Small Boat Harbor, New York, $15,100;
            City of Buffalo, New York, $4,000;
            Geneva State Park, Ohio Shoreline Protection, $91,000;
            Clinton River Spillway, Michigan, $50,000;
            Lackawanna River Basin Greenway Corridor, Pennsylvania, 
        $217,900; and
            Red River Waterway, Index Arkansas, to Denison Dam, Texas, 
        $125,000.

                         construction, general

                             (rescissions)

    Of the funds made available under this heading in Public Law 105-
245, and prior Energy and Water Development Acts, the following amounts 
are hereby rescinded in the amounts specified:
            Sacramento River Flood Control Project, California 
        (Deficiency Correction), $1,500,000;
            Melaleuca Quarantine Facility, Florida, $295,000;
            Lake George, Hobart, Indiana, $3,484,000;
            Southern and Eastern Kentucky, Kentucky, $2,623,000;
            Anacostia River (Section 1135), Maryland, $1,534,000;
            Sowashee Creek, Meridian, Mississippi, $2,537,000;
            Platte River Flood and Streambank Erosion Control, 
        Nebraska, $1,409,000;
            Hackensack Meadowlands, New Jersey, $1,641,000;
            Rochester Harbor, New York, $1,842,000;
            Columbia River, Seafarers Museum, Hammond, Oregon, $98,000;
            Lackawanna River, Scranton, Pennsylvania, $25,000,000;
            South Central Pennsylvania, Environmental Improvements 
        Program, Pennsylvania, $20,000,000; and
            Quonset Point, Davisville, Rhode Island, $120,000.

                          DEPARTMENT OF ENERGY

      Operation and Maintenance, Southeastern Power Administration

                              (rescission)

    Of the funds made available under this heading in Public Law 105-
245 and prior Energy and Water Development Acts, $5,500,000, are 
rescinded.

                      TITLE VI--GENERAL PROVISIONS

    Sec. 601. None of the funds appropriated by this Act may be used in 
any way, directly or indirectly, to influence congressional action on 
any legislation or appropriation matters pending before Congress, other 
than to communicate to Members of Congress as described in section 1913 
of title 18, United States Code.
    Sec. 602. (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the Congress that, to the greatest extent practicable, 
all equipment and products purchased with funds made available in this 
Act should be American-made.
     (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
     (c) Prohibition of Contracts With Persons Falsely Labeling 
Products as Made in America.--If it has been finally determined by a 
court or Federal agency that any person intentionally affixed a label 
bearing a ``Made in America'' inscription, or any inscription with the 
same meaning, to any product sold in or shipped to the United States 
that is not made in the United States, the person shall be ineligible 
to receive any contract or subcontract made with funds made available 
in this Act, pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 48, Code 
of Federal Regulations.
    Sec. 603. (a) None of the funds appropriated or otherwise made 
available by this Act may be used to determine the final point of 
discharge for the interceptor drain for the San Luis Unit until 
development by the Secretary of the Interior and the State of 
California of a plan, which shall conform to the water quality 
standards of the State of California as approved by the Administrator 
of the Environmental Protection Agency, to minimize any detrimental 
effect of the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program and the 
costs of the San Joaquin Valley Drainage Program shall be classified by 
the Secretary of the Interior as reimbursable or nonreimbursable and 
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment 
Plan'' described in the report entitled ``Repayment Report, Kesterson 
Reservoir Cleanup Program and San Joaquin Valley Drainage Program, 
February 1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United States 
relating to, or providing for, drainage service or drainage studies for 
the San Luis Unit shall be fully reimbursable by San Luis Unit 
beneficiaries of such service or studies pursuant to Federal 
Reclamation law.
    Sec. 604. None of the funds made available in this or any other Act 
may be used to restart the High Flux Beam Reactor.
    Sec. 605. Section 6101(a)(3) of the Omnibus Budget Reconciliation 
Act of 1990, as amended, (42 U.S.C. 2214(a)(3)) is amended by striking 
``September 30, 1999'' and inserting ``September 30, 2000''.
    Sec. 606. United States Enrichment Corporation Fund. (a) 
Withdrawals.--Subsections (b) and (c) of section 1 of Public Law 105-
204 (112 Stat. 681) are amended by striking ``fiscal year 2000'' and 
inserting ``fiscal year 2002''.
    (b) Investment of Amounts in the USEC Fund.--Section 1308(a) of the 
Atomic Energy Act of 1954 (42 U.S.C. 2297b-7(a)) is amended--
            (1) in subsection (a)--
                    (A) by striking ``There is established'' and 
                inserting the following:
            ``(1) Establishment.--There is established''; and
                    (B) by striking ``, which'' and inserting 
                ``(referred to in this section as the `Fund'), which''; 
                and
            (2) by adding at the end the following:
            ``(2) Investment of amounts.--
                    ``(A) In general.--The Secretary of the Treasury 
                shall invest such portion of the Fund as is not, in the 
                judgment of the Secretary, required to meet current 
                withdrawals. Investments may be made only in interest-
                bearing obligations of the United States.
                    ``(B) Acquisition of obligations.--For the purpose 
                of investments under subparagraph (A), obligations may 
                be acquired--
                            ``(i) on original issue at the issue price; 
                        or
                            ``(ii) by purchase of outstanding 
                        obligations at the market price.
                    ``(C) Sale of obligations.--Any obligation acquired 
                by the Fund may be sold by the Secretary of the 
                Treasury at the market price.
                    ``(D) Credits to fund.--The interest on, and the 
                proceeds from the sale or redemption of, any 
                obligations held in the Fund shall be credited to and 
                form a part of the Fund.''.
    Sec. 607. Lake Cascade. (a) Designation.--The reservoir commonly 
known as the ``Cascade Reservoir'', created as a result of the building 
of the Cascade Dam authorized by the matter under the heading ``bureau 
of reclamation'' of the fifth section of the Interior Department 
Appropriation Act, 1942 (55 Stat. 334, chapter 259) for the Boise 
Project, Idaho, Payette division, is redesignated as ``Lake Cascade''.
    (b) References.--Any reference in any law, regulation, document, 
record, map, or other paper of the United States to ``Cascade 
Reservoir'' shall be considered to be a reference to ``Lake Cascade''.
    Sec. 608. Section 4(h)(10)(D) of the Pacific Northwest Electric 
Power Planning and Conservation Act (16 U.S.C. 839b(h)(10)(D)) is 
amended by striking clauses (vii) and (viii) and inserting the 
following:
    ``(vii) Cost limitation.--The annual cost of this provision shall 
not exceed $500,000 in 1997 dollars.''.
    This Act may be cited as the ``Energy and Water Development 
Appropriations Act, 2000''.

                                                       Calendar No. 128

106th CONGRESS

  1st Session

                                S. 1186

                          [Report No. 106-58]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              June 2, 1999

                 Read twice and placed on the calendar
```