IB

Union Calendar No. 390

106TH CONGRESS

2D SESSION H. R. 4733

[Report No. 106–693]

Making appropriations for energy and water development for the fiscal year

ending September 30, 2001, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 23, 2000

Mr. PACKARD, from the Committee on Appropriations, reported the following

bill; which was committed to the Committee of the Whole House on the

State of the Union and ordered to be printed

A BILL

Making appropriations for energy and water development

for the fiscal year ending September 30, 2001, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 fiscal year ending September 30, 2001, for energy and

6 water development, and for other purposes, namely:
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1 TITLE I

2 DEPARTMENT OF DEFENSE—CIVIL

3 DEPARTMENT OF THE ARMY

4 CORPS OF ENGINEERS—CIVIL

5 The following appropriations shall be expended under

6 the direction of the Secretary of the Army and the super7 vision of the Chief of Engineers for authorized civil func8 tions of the Department of the Army pertaining to rivers

9 and harbors, flood control, beach erosion, and related pur10 poses.

11 GENERAL INVESTIGATIONS

12 For expenses necessary for the collection and study

13 of basic information pertaining to river and harbor, flood

14 control, shore protection, and related projects, restudy of

15 authorized projects, miscellaneous investigations, and,

16 when authorized by laws, surveys and detailed studies and

17 plans and specifications of projects prior to construction,

18 $153,327,000, to remain available until expended: Pro19 vided, That in conducting the Southwest Valley Flood

20 Damage Reduction, Albuquerque, New Mexico, study, the

21 Secretary of the Army, acting through the Chief of Engi22 neers, shall include an evaluation of flood damage reduc23 tion measures that would otherwise be excluded from fea24 sibility analysis based on restrictive policies regarding the
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1 frequency of flooding, the drainage area, and the amount

2 of runoff.

3 CONSTRUCTION, GENERAL

4 For the prosecution of river and harbor, flood control,

5 shore protection, and related projects authorized by laws;

6 and detailed studies, and plans and specifications, of

7 projects (including those for development with participa8 tion or under consideration for participation by States,

9 local governments, or private groups) authorized or made

10 eligible for selection by law (but such studies shall not con11 stitute a commitment of the Government to construction),

12 $1,378,430,000, to remain available until expended, of

13 which such sums as are necessary for the Federal share

14 of construction costs for facilities under the Dredged Ma15 terial Disposal Facilities program shall be derived from

16 the Harbor Maintenance Trust Fund, as authorized by

17 Public Law 104–303; and of which such sums as are nec18 essary pursuant to Public Law 99–662 shall be derived

19 from the Inland Waterways Trust Fund, for one-half of

20 the costs of construction and rehabilitation of inland wa21 terways projects, including rehabilitation costs for the

22 Lock and Dam 12, Mississippi River, Iowa; Lock and Dam

23 24, Mississippi River, Illinois and Missouri; Lock and

24 Dam 3, Mississippi River, Minnesota; and London Locks

25 and Dam, and Kanawha River, West Virginia, projects;
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1 and of which funds are provided for the following projects

2 in the amounts specified:

3 San Timoteo Creek (Santa Ana River Mainstem),

4 California, $5,000,000;

5 Indianapolis Central Waterfront, Indiana,

6 $7,000,000;

7 Southern and Eastern Kentucky, Kentucky,

8 $4,000,000;

9 Clover Fork, Middlesboro, Town of Martin, Pike

10 County (including Levisa Fork and Tug Fork Tribu11 taries), Bell County, Martin County, and Harlan County,

12 Kentucky, elements of the Levisa and Tug Forks of the

13 Big Sandy River and Upper Cumberland River, Kentucky,

14 $19,000,000: Provided, That the Secretary of the Army,

15 acting through the Chief of Engineers, is directed to pro16 ceed with planning, engineering, design and construction

17 of the Town of Martin, Kentucky, element, in accordance

18 with Plan A as set forth in the preliminary draft Detailed

19 Project Report, Appendix T of the General Plan of the

20 Huntington District Commander: Provided further, That

21 using $900,000 of the funds appropriated herein, the Sec22 retary of the Army, acting through the Chief of Engineers,

23 is directed to undertake the Bowie County Levee project,

24 which is defined as Alternative B Local Sponsor Option,

25 in the Corps of Engineers document entitled Bowie Coun-
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1 ty Local Flood Protection, Red River, Texas, Project De2 sign Memorandum No. 1, Bowie County Levee, dated

3 April 1997.

4 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBU5 TARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOU6 ISIANA, MISSISSIPPI, MISSOURI, AND TENNESSEE

7 For expenses necessary for prosecuting work of flood

8 control, and rescue work, repair, restoration, or mainte9 nance of flood control projects threatened or destroyed by

10 flood, as authorized by law (33 U.S.C. 702a and 702g–

11 1), $323,350,000, to remain available until expended.

12 OPERATION AND MAINTENANCE, GENERAL

13 For expenses necessary for the preservation, oper14 ation, maintenance, and care of existing river and harbor,

15 flood control, and related works, including such sums as

16 may be necessary for the maintenance of harbor channels

17 provided by a State, municipality or other public agency,

18 outside of harbor lines, and serving essential needs of gen19 eral commerce and navigation; surveys and charting of

20 northern and northwestern lakes and connecting waters;

21 clearing and straightening channels; and removal of ob22 structions to navigation, $1,854,000,000, to remain avail23 able until expended, of which such sums as become avail24 able in the Harbor Maintenance Trust Fund, pursuant to

25 Public Law 99–662, may be derived from that Fund, and
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1 of which such sums as become available from the special

2 account established by the Land and Water Conservation

3 Act of 1965, as amended (16 U.S.C. 460l), may be derived

4 from that account for construction, operation, and mainte5 nance of outdoor recreation facilities.

6 REGULATORY PROGRAM

7 For expenses necessary for administration of laws

8 pertaining to regulation of navigable waters and wetlands,

9 $125,000,000, to remain available until expended: Pro10 vided, That the Secretary of the Army, acting through the

11 Chief of Engineers, is directed to use funds appropriated

12 herein to: (1) by March 1, 2001, revise the report, Cost

13 Analysis For the 1999 Proposal to Issue and Modify Na14 tionwide Permits, to reflect the Nationwide Permits actu15 ally issued on March 9, 2000, including changes in the

16 acreage limits, preconstruction notification requirements

17 and general conditions between the proposed rule and the

18 rule promulgated and published in the Federal Register;

19 (2) by September 30, 2001, prepare, submit to Congress

20 and publish in the Federal Register a Permit Processing

21 Management Plan by which the Corps of Engineers will

22 handle the additional work associated with all projected

23 increases in the number of individual permit applications

24 and preconstruction notifications related to the new and

25 replacement permits and general conditions so that within
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1 two years the number of pending individual permits shall

2 not be greater than the number of said permits pending

3 at the end of fiscal year 1999. The Permit Processing

4 Management Plan shall include specific objective criteria

5 by which the Corps of Engineers progress towards reduc6 ing any permit backlog can be measured; (3) beginning

7 on December 31, 2001, and at the end of each quarter

8 thereafter, report to Congress and publish in the Federal

9 Register, an analysis of the performance of its program

10 as measured against the criteria set out in the Permit

11 Processing Management Plan; (4) implement a one-year

12 pilot program to publish quarterly on the U.S. Army

13 Corps of Engineer’s Regulatory Program website all Regu14 latory Analysis and Management Systems (RAMS) data

15 for the South Pacific Division beginning within 30 days

16 of enactment of this Act; and (5) publish in Division Office

17 websites all findings, rulings, and decisions rendered

18 under the administrative appeals process for the Corps of

19 Engineers Regulatory Program as established in Public

20 Law 106–60: Provided further, That Corps shall allow any

21 appellant to keep a verbatim record of the proceedings of

22 the appeals conference under the aforementioned adminis23 trative appeals process: Provided further, That within 30

24 days of enactment of this Act, the Secretary of the Army,

25 acting through the Chief of Engineers, shall require all
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1 U.S. Army Corps of Engineers Divisions and Districts to

2 record the date on which a Section 404 individual permit

3 application or nationwide permit notification is filed with

4 the Corps of Engineers: Provided further, That ‘‘filed’’

5 shall mean the date an applicant first submits its applica6 tion or notification to the Corps and not the date the ap7 plication or notification is deemed complete.

8 FORMERLY UTILIZED SITES REMEDIAL ACTION

9 PROGRAM

10 For expenses necessary to clean up contamination

11 from sites throughout the United States resulting from

12 work performed as part of the Nation’s early atomic en13 ergy program, $140,000,000, to remain available until ex14 pended.

15 GENERAL EXPENSES

16 For expenses necessary for general administration

17 and related functions in the Office of the Chief of Engi18 neers and offices of the Division Engineers; activities of

19 the Coastal Engineering Research Board, the Humphreys

20 Engineer Center Support Activity, the Water Resources

21 Support Center, and headquarters support functions at

22 the USACE Finance Center, $149,500,000, to remain

23 available until expended: Provided, That no part of any

24 other appropriation provided in title I of this Act shall

25 be available to fund the activities of the Office of the Chief
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1 of Engineers or the executive direction and management

2 activities of the division offices: Provided further, That

3 none of these funds shall be available to support an office

4 of congressional affairs within the executive office of the

5 Chief of Engineers.

6 REVOLVING FUND

7 Amounts in the Revolving Fund are available for the

8 costs of relocating the U.S. Army Corps of Engineers

9 headquarters to office space in the General Accounting Of10 fice headquarters building in Washington, D.C.

11 ADMINISTRATIVE PROVISIONS

12 Appropriations in this title shall be available for offi13 cial reception and representation expenses (not to exceed

14 $5,000); and during the current fiscal year the Revolving

15 Fund, Corps of Engineers, shall be available for purchase

16 (not to exceed 100 for replacement only) and hire of pas17 senger motor vehicles.

18 GENERAL PROVISIONS

19 CORPS OF ENGINEERS—CIVIL

20 SEC. 101. 16 U.S.C. 777c(a) is amended in the sec21 ond sentence by striking ‘‘2000’’ and inserting ‘‘2001’’.

22 SEC. 102. (a) The Secretary of the Army shall enter

23 into an agreement with the City of Grand Prairie, Texas,

24 wherein the City agrees to assume all of the responsibil25 ities of the Trinity River Authority of Texas under Con-
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1 tract #DACW63–76–C–0166, other than financial re2 sponsibilities, except as provided for in subsection (c) of

3 this section. The Trinity River Authority shall be relieved

4 of all of its financial responsibilities under the Contract

5 as of the date the Secretary of the Army enters into the

6 agreement with the City.

7 (b) In consideration of the agreement referred to in

8 subsection (a), the City shall pay the Federal Government

9 a total of $4,290,000 in two installments, one in the

10 amount of $2,150,000, which shall be due and payable no

11 later than December 1, 2000, and one in the amount of

12 $2,140,000, which shall be due and payable no later than

13 December 1, 2003.

14 (c) The agreement executed pursuant to subsection

15 (a) shall include a provision requiring the City to assume

16 all costs associated with operation and maintenance of the

17 recreation facilities included in the Contract referred to

18 in that subsection.

19 TITLE II

20 DEPARTMENT OF THE INTERIOR

21 CENTRAL UTAH PROJECT

22 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

23 For carrying out activities authorized by the Central

24 Utah Project Completion Act, $38,724,000, to remain

25 available until expended, of which $19,158,000 shall be
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1 deposited into the Utah Reclamation Mitigation and Con2 servation Account: Provided, That of the amounts depos3 ited into that account, $5,000,000 shall be considered the

4 Federal contribution authorized by paragraph 402(b)(2)

5 of the Central Utah Project Completion Act and

6 $14,158,000 shall be available to the Utah Reclamation

7 Mitigation and Conservation Commission to carry out ac8 tivities authorized under that Act.

9 In addition, for necessary expenses incurred in car10 rying out related responsibilities of the Secretary of the

11 Interior, $1,216,000, to remain available until expended.

12 BUREAU OF RECLAMATION

13 The following appropriations shall be expended to

14 execute authorized functions of the Bureau of Reclama15 tion:

16 WATER AND RELATED RESOURCES

17 (INCLUDING TRANSFER OF FUNDS)

18 For management, development, and restoration of

19 water and related natural resources and for related activi20 ties, including the operation, maintenance and rehabilita21 tion of reclamation and other facilities, participation in

22 fulfilling related Federal responsibilities to Native Ameri23 cans, and related grants to, and cooperative and other

24 agreements with, State and local governments, Indian

25 tribes, and others, $635,777,000, to remain available until

26 expended, of which $1,916,000 shall be available for trans-
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1 fer to the Upper Colorado River Basin Fund and

2 $39,467,000 shall be available for transfer to the Lower

3 Colorado River Basin Development Fund; of which such

4 amounts as may be necessary may be advanced to the Col5 orado River Dam Fund; and of which not to exceed

6 $200,000 is for financial assistance for the preparation

7 of cooperative drought contingency plans under Title II

8 of Public Law 102–250: Provided, That such transfers

9 may be increased or decreased within the overall appro10 priation under this heading: Provided further, That of the

11 total appropriated, the amount for program activities that

12 can be financed by the Reclamation Fund or the Bureau

13 of Reclamation special fee account established by 16

14 U.S.C. 460l–6a(i) shall be derived from that Fund or ac15 count: Provided further, That funds contributed under 43

16 U.S.C. 395 are available until expended for the purposes

17 for which contributed: Provided further, That funds ad18 vanced under 43 U.S.C. 397a shall be credited to this ac19 count and are available until expended for the same pur20 poses as the sums appropriated under this heading: Pro21 vided further, That funds available for expenditure for the

22 Departmental Irrigation Drainage Program may be ex23 pended by the Bureau of Reclamation for site remediation

24 on a non-reimbursable basis: Provided further, That sec25 tion 301 of Public Law 102–250, Reclamation States
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1 Emergency Drought Relief Act of 1991, as amended, is

2 amended further by inserting ‘‘2000, and 2001’’ in lieu

3 of ‘‘and 2000’’: Provided further, That the amount author4 ized for Minidoka Project North Side Pumping Division,

5 Idaho, by section 5 of Public Law 81–864, is increased

6 by $2,805,000: Provided further, That none of the funds

7 appropriated in this Act may be used by the Bureau of

8 Reclamation for closure of the Auburn Dam, California,

9 diversion tunnel or restoration of the American River

10 channel through the Auburn Dam construction site.

11 BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

12 For the cost of direct loans and/or grants,

13 $8,944,000, to remain available until expended, as author14 ized by the Small Reclamation Projects Act of August 6,

15 1956, as amended (43 U.S.C. 422a–422l): Provided, That

16 such costs, including the cost of modifying such loans,

17 shall be as defined in section 502 of the Congressional

18 Budget Act of 1974, as amended: Provided further, That

19 these funds are available to subsidize gross obligations for

20 the principal amount of direct loans not to exceed

21 $27,000,000.

22 In addition, for administrative expenses necessary to

23 carry out the program for direct loans and/or grants,

24 $425,000, to remain available until expended: Provided,

25 That of the total sums appropriated, the amount of pro-
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1 gram activities that can be financed by the Reclamation

2 Fund shall be derived from that Fund.

3 CENTRAL VALLEY PROJECT RESTORATION FUND

4 For carrying out the programs, projects, plans, and

5 habitat restoration, improvement, and acquisition provi6 sions of the Central Valley Project Improvement Act,

7 $38,382,000, to be derived from such sums as may be col8 lected in the Central Valley Project Restoration Fund pur9 suant to sections 3407(d), 3404(c)(3), 3405(f ), and

10 3406(c)(1) of Public Law 102–575, to remain available

11 until expended: Provided, That the Bureau of Reclamation

12 is directed to assess and collect the full amount of the

13 additional mitigation and restoration payments authorized

14 by section 3407(d) of Public Law 102–575.

15 POLICY AND ADMINISTRATION

16 For necessary expenses of policy, administration, and

17 related functions in the office of the Commissioner, the

18 Denver office, and offices in the five regions of the Bureau

19 of Reclamation, to remain available until expended,

20 $47,000,000, to be derived from the Reclamation Fund

21 and be nonreimbursable as provided in 43 U.S.C. 377:

22 Provided, That no part of any other appropriation in this

23 Act shall be available for activities or functions budgeted

24 as policy and administration expenses.
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1 ADMINISTRATIVE PROVISION

2 Appropriations for the Bureau of Reclamation shall

3 be available for purchase of not to exceed four passenger

4 motor vehicles for replacement only.

5 GENERAL PROVISIONS

6 DEPARTMENT OF THE INTERIOR

7 SEC. 201. None of the funds appropriated or other8 wise made available by this or any other Act may be used

9 to pay the salaries and expenses of personnel to purchase

10 or lease water in the Middle Rio Grande or the Carlsbad

11 Projects in New Mexico unless said purchase or lease is

12 in compliance with the purchase requirements of section

13 202 of Public Law 106–60.

14 SEC. 202. The Secretary of the Interior is authorized

15 to assess and collect annually from Central Valley Project

16 (CVP) water and power contractors the sum of $540,000

17 (June 2000 price levels), and to remit that amount annu18 ally to the Trinity Public Utilities District (TPUD). This

19 assessment shall be payable 70% by CVP Preference

20 Power Customers and 30% by CVP Water Contractors.

21 The CVP Water Contractor share of this assessment shall

22 be collected by the Secretary through established Bureau

23 of Reclamation (Reclamation) Operation and Maintenance

24 ratesetting practices. The CVP Power Contractor share of

25 this assessment shall be assessed by Reclamation to the
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1 Western Area Power Administration, Sierra Nevada Re2 gion (Western), and collected by Western through estab3 lished power ratesetting practices. The authorized amount

4 collected shall be paid annually to the TPUD.

5 TITLE III

6 DEPARTMENT OF ENERGY

7 ENERGY PROGRAMS

8 ENERGY SUPPLY

9 For Department of Energy expenses including the

10 purchase, construction and acquisition of plant and capital

11 equipment, and other expenses necessary for energy sup12 ply, and uranium supply and enrichment activities in car13 rying out the purposes of the Department of Energy Orga14 nization Act (42 U.S.C. 7101 et seq.), including the acqui15 sition or condemnation of any real property or any facility

16 or for plant or facility acquisition, construction, or expan17 sion; and the purchase of not to exceed 17 passenger

18 motor vehicles for replacement only, $576,482,000 to re19 main available until expended: Provided, That, in addition,

20 royalties received to compensate the Department of En21 ergy for its participation in the First-Of-A-Kind-Engineer22 ing program shall be credited to this account to be avail23 able until September 30, 2002, for the purposes of Nu24 clear Energy, Science and Technology activities.
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1 NON-DEFENSE ENVIRONMENTAL MANAGEMENT

2 For Department of Energy expenses, including the

3 purchase, construction and acquisition of plant and capital

4 equipment and other expenses necessary for non-defense

5 environmental management activities in carrying out the

6 purposes of the Department of Energy Organization Act

7 (42 U.S.C. 7101 et seq.), including the acquisition or con8 demnation of any real property or any facility or for plant

9 or facility acquisition, construction or expansion,

10 $281,001,000, to remain available until expended.

11 URANIUM FACILITIES MAINTENANCE AND REMEDIATION

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses to maintain, decontaminate,

14 decommission, and otherwise remediate uranium proc15 essing facilities, $301,400,000, of which $260,000,000

16 shall be derived from the Uranium Enrichment Decon17 tamination and Decommissioning Fund and of which

18 $12,000,000 shall be derived by transfer from the United

19 States Enrichment Corporation Fund, all of which shall

20 remain available until expended.

21 SCIENCE

22 For Department of Energy expenses including the

23 purchase, construction and acquisition of plant and capital

24 equipment, and other expenses necessary for science ac25 tivities in carrying out the purposes of the Department
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1 of Energy Organization Act (42 U.S.C. 7101 et seq.), in2 cluding the acquisition or condemnation of any real prop3 erty or facility or for plant or facility acquisition, construc4 tion, or expansion, and purchase of not to exceed 58 pas5 senger motor vehicles for replacement only,

6 $2,830,915,000, to remain available until expended.

7 NUCLEAR WASTE DISPOSAL

8 For nuclear waste disposal activities to carry out the

9 purposes of Public Law 97–425, as amended, including

10 the acquisition of real property or facility construction or

11 expansion, $213,000,000, to remain available until ex12 pended and to be derived from the Nuclear Waste Fund:

13 Provided, That not to exceed $2,500,000 may be provided

14 to the State of Nevada solely for expenditures, other than

15 salaries and expenses of State employees, to conduct sci16 entific oversight responsibilities pursuant to the Nuclear

17 Waste Policy Act of 1982, Public Law 97–425, as amend18 ed: Provided further, That not to exceed $5,887,000 may

19 be provided to affected units of local governments, as de20 fined in Public Law 97–425, to conduct appropriate activi21 ties pursuant to the Act: Provided further, That the dis22 tribution of the funds as determined by the units of local

23 government shall be approved by the Department of En24 ergy: Provided further, That the funds for the State of

25 Nevada shall be made available solely to the Nevada Divi-
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1 sion of Emergency Management by direct payment and

2 units of local government by direct payment: Provided fur3 ther, That within 90 days of the completion of each Fed4 eral fiscal year, the Nevada Division of Emergency Man5 agement and the Governor of the State of Nevada and

6 each local entity shall provide certification to the Depart7 ment of Energy that all funds expended from such pay8 ments have been expended for activities authorized by

9 Public Law 97–425 and this Act. Failure to provide such

10 certification shall cause such entity to be prohibited from

11 any further funding provided for similar activities: Pro12 vided further, That none of the funds herein appropriated

13 may be: (1) used directly or indirectly to influence legisla14 tive action on any matter pending before Congress or a

15 State legislature or for lobbying activity as provided in 18

16 U.S.C. 1913; (2) used for litigation expenses; or (3) used

17 to support multi-state efforts or other coalition building

18 activities inconsistent with the restrictions contained in

19 this Act: Provided further, That all proceeds and recoveries

20 by the Secretary in carrying out activities authorized by

21 the Nuclear Waste Policy Act of 1982 in Public Law 97–

22 425, as amended, including but not limited to, any pro23 ceeds from the sale of assets, shall be available without

24 further appropriation and shall remain available until ex25 pended.
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1 DEPARTMENTAL ADMINISTRATION

2 For salaries and expenses of the Department of En3 ergy necessary for departmental administration in car4 rying out the purposes of the Department of Energy Orga5 nization Act (42 U.S.C. 7101 et seq.), including the hire

6 of passenger motor vehicles and official reception and rep7 resentation expenses (not to exceed $35,000),

8 $153,527,000, to remain available until expended, plus

9 such additional amounts as necessary to cover increases

10 in the estimated amount of cost of work for others not11 withstanding the provisions of the Anti-Deficiency Act (31

12 U.S.C. 1511 et seq.): Provided, That such increases in

13 cost of work are offset by revenue increases of the same

14 or greater amount, to remain available until expended:

15 Provided further, That moneys received by the Department

16 for miscellaneous revenues estimated to total

17 $111,000,000 in fiscal year 2001 may be retained and

18 used for operating expenses within this account, and may

19 remain available until expended, as authorized by section

20 201 of Public Law 95–238, notwithstanding the provisions

21 of 31 U.S.C. 3302: Provided further, That the sum herein

22 appropriated shall be reduced by the amount of miscella23 neous revenues received during fiscal year 2001 so as to

24 result in a final fiscal year 2001 appropriation from the

25 General Fund estimated at not more than $42,527,000.
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1 OFFICE OF THE INSPECTOR GENERAL

2 For necessary expenses of the Office of the Inspector

3 General in carrying out the provisions of the Inspector

4 General Act of 1978, as amended, $31,500,000, to remain

5 available until expended.

6 ATOMIC ENERGY DEFENSE ACTIVITIES

7 NATIONAL NUCLEAR SECURITY

8 ADMINISTRATION

9 WEAPONS ACTIVITIES

10 For Department of Energy expenses, including the

11 purchase, construction and acquisition of plant and capital

12 equipment and other incidental expenses necessary for

13 atomic energy defense weapons activities in carrying out

14 the purposes of the Department of Energy Organization

15 Act (42 U.S.C. 7101 et seq.), including the acquisition or

16 condemnation of any real property or any facility or for

17 plant or facility acquisition, construction, or expansion;

18 and the purchase of passenger motor vehicles (not to ex19 ceed 12 for replacement only), $4,625,684,000, to remain

20 available until October 1, 2003.

21 DEFENSE NUCLEAR NONPROLIFERATION

22 For Department of Energy expenses necessary for

23 atomic energy defense and defense nuclear nonprolifera24 tion activities to carry out the Department of Energy Or25 ganization Act (42 U.S.C. 7101 et seq.), including acquisi-
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1 tion (by purchase, condemnation, construction, or other2 wise) of real property, plant and capital equipment, facili3 ties, and facility expansion, $861,477,000, to remain

4 available until October 1, 2003: Provided, That not to ex5 ceed $7,000 may be used for official reception and rep6 resentation expenses for national security and non7 proliferation (including transparency) activities in fiscal

8 year 2001.

9 NAVAL REACTORS

10 For Department of Energy expenses necessary for

11 naval reactors activities to carry out the Department of

12 Energy Organization Act (42 U.S.C. 7101 et seq.), includ13 ing the acquisition (by purchase, condemnation, construc14 tion, or otherwise) of real property, plant, and capital

15 equipment, facilities, and facility expansion,

16 $677,600,000, to remain available until expended.

17 OTHER DEFENSE RELATED ACTIVITIES

18 DEFENSE ENVIRONMENTAL RESTORATION AND WASTE

19 MANAGEMENT

20 For Department of Energy expenses, including the

21 purchase, construction and acquisition of plant and capital

22 equipment and other expenses necessary for atomic energy

23 defense environmental restoration and waste management

24 activities in carrying out the purposes of the Department

25 of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
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1 cluding the acquisition or condemnation of any real prop2 erty or any facility or for plant or facility acquisition, con3 struction, or expansion; and the purchase of 30 passenger

4 motor vehicles for replacement only, $4,522,707,000, to

5 remain available until expended: Provided, That any

6 amounts appropriated under this heading that are used

7 to provide economic assistance under section 15 of the

8 Waste Isolation Pilot Plant Land Withdrawal Act, Public

9 Law 102–579, shall be utilized to the extent necessary to

10 reimburse costs of financial assurances required of a con11 tractor by any permit or license of the Waste Isolation

12 Pilot Plant issued by the State of New Mexico.

13 DEFENSE FACILITIES CLOSURE PROJECTS

14 For expenses of the Department of Energy to accel15 erate the closure of defense environmental management

16 sites, including the purchase, construction and acquisition

17 of plant and capital equipment and other necessary ex18 penses, $1,082,297,000, to remain available until ex19 pended.

20 DEFENSE ENVIRONMENTAL MANAGEMENT

21 PRIVATIZATION

22 For Department of Energy expenses for privatization

23 projects necessary for atomic energy defense environ24 mental management activities authorized by the Depart-
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1 ment of Energy Organization Act (42 U.S.C. 7101 et

2 seq.), $259,000,000, to remain available until expended.

3 OTHER DEFENSE ACTIVITIES

4 For Department of Energy expenses, including the

5 purchase, construction and acquisition of plant and capital

6 equipment and other expenses necessary for atomic energy

7 defense, other defense activities, in carrying out the pur8 poses of the Department of Energy Organization Act (42

9 U.S.C. 7101 et seq.), including the acquisition or con10 demnation of any real property or any facility or for plant

11 or facility acquisition, construction, or expansion,

12 $592,235,000, to remain available until expended.

13 DEFENSE NUCLEAR WASTE DISPOSAL

14 For nuclear waste disposal activities to carry out the

15 purposes of Public Law 97–425, as amended, including

16 the acquisition of real property or facility construction or

17 expansion, $200,000,000, to remain available until ex18 pended.

19 POWER MARKETING ADMINISTRATIONS

20 BONNEVILLE POWER ADMINISTRATION FUND

21 Expenditures from the Bonneville Power Administra22 tion Fund, established pursuant to Public Law 93–454,

23 are approved for the Nez Perce Tribe Resident Fish Sub24 stitution Program, the Cour D’Alene Tribe Trout Produc-
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1 tion facility, and for official reception and representation

2 expenses in an amount not to exceed $1,500.

3 During fiscal year 2001, no new direct loan obliga4 tions may be made.

5 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

6 ADMINISTRATION

7 For necessary expenses of operation and maintenance

8 of power transmission facilities and of marketing electric

9 power and energy, including transmission wheeling and

10 ancillary services, pursuant to the provisions of section 5

11 of the Flood Control Act of 1944 (16 U.S.C. 825s), as

12 applied to the southeastern power area, $3,900,000, to re13 main available until expended; in addition, notwith14 standing the provisions of 31 U.S.C. 3302, amounts col15 lected by the Southeastern Power Administration pursu16 ant to the Flood Control Act to recover purchase power

17 and wheeling expenses shall be credited to this account

18 as offsetting collections, to remain available until expended

19 for the sole purpose of making purchase power and wheel20 ing expenditures as follows: for fiscal year 2001, up to

21 $34,463,000; for fiscal year 2002, up to $26,463,000; for

22 fiscal year 2003, up to $20,000,000; and for fiscal year

23 2004, up to $15,000,000.
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1 OPERATION AND MAINTENANCE, SOUTHWESTERN

2 POWER ADMINISTRATION

3 For necessary expenses of operation and maintenance

4 of power transmission facilities and of marketing electric

5 power and energy, and for construction and acquisition of

6 transmission lines, substations and appurtenant facilities,

7 and for administrative expenses, including official recep8 tion and representation expenses in an amount not to ex9 ceed $1,500 in carrying out the provisions of section 5

10 of the Flood Control Act of 1944 (16 U.S.C. 825s), as

11 applied to the southwestern power area, $28,100,000, to

12 remain available until expended; in addition, notwith13 standing the provisions of 31 U.S.C. 3302, not to exceed

14 $4,200,000 in reimbursements, to remain available until

15 expended: Provided, That amounts collected by the South16 western Power Administration pursuant to the Flood Con17 trol Act to recover purchase power and wheeling expenses

18 shall be credited to this account as offsetting collections,

19 to remain available until expended for the sole purpose

20 of making purchase power and wheeling expenditures as

21 follows: for fiscal year 2001, up to $288,000; for fiscal

22 year 2002, up to $288,000; for fiscal year 2003, up to

23 $288,000; and for fiscal year 2004, up to $288,000.
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1 CONSTRUCTION, REHABILITATION, OPERATION AND

2 MAINTENANCE, WESTERN AREA POWER ADMINIS3 TRATION

4 For carrying out the functions authorized by title III,

5 section 302(a)(1)(E) of the Act of August 4, 1977 (42

6 U.S.C. 7152), and other related activities including con7 servation and renewable resources programs as author8 ized, including official reception and representation ex9 penses in an amount not to exceed $1,500, $160,930,000,

10 to remain available until expended, of which $154,616,000

11 shall be derived from the Department of the Interior Rec12 lamation Fund: Provided, That of the amount herein ap13 propriated, $4,036,000 is for deposit into the Utah Rec14 lamation Mitigation and Conservation Account pursuant

15 to title IV of the Reclamation Projects Authorization and

16 Adjustment Act of 1992: Provided further, That amounts

17 collected by the Western Area Power Administration pur18 suant to the Flood Control Act of 1944 and the Reclama19 tion Project Act of 1939 to recover purchase power and

20 wheeling expenses shall be credited to this account as off21 setting collections, to remain available until expended for

22 the sole purpose of making purchase power and wheeling

23 expenditures as follows: for fiscal year 2001, up to

24 $35,500,000; for fiscal year 2002, up to $33,500,000; for
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1 fiscal year 2003, up to $30,000,000; and for fiscal year

2 2004, up to $20,000,000.

3 FALCON AND AMISTAD OPERATING AND MAINTENANCE

4 FUND

5 For operation, maintenance, and emergency costs for

6 the hydroelectric facilities at the Falcon and Amistad

7 Dams, $2,670,000, to remain available until expended,

8 and to be derived from the Falcon and Amistad Operating

9 and Maintenance Fund of the Western Area Power Ad10 ministration, as provided in section 423 of the Foreign

11 Relations Authorization Act, Fiscal Years 1994 and 1995.

12 FEDERAL ENERGY REGULATORY COMMISSION

13 SALARIES AND EXPENSES

14 For necessary expenses of the Federal Energy Regu15 latory Commission to carry out the provisions of the De16 partment of Energy Organization Act (42 U.S.C. 7101 et

17 seq.), including services as authorized by 5 U.S.C. 3109,

18 the hire of passenger motor vehicles, and official reception

19 and representation expenses (not to exceed $3,000),

20 $175,200,000, to remain available until expended: Pro21 vided, That notwithstanding any other provision of law,

22 not to exceed $175,200,000 of revenues from fees and an23 nual charges, and other services and collections in fiscal

24 year 2001 shall be retained and used for necessary ex25 penses in this account, and shall remain available until
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1 expended: Provided further, That the sum herein appro2 priated from the General Fund shall be reduced as reve3 nues are received during fiscal year 2001 so as to result

4 in a final fiscal year 2001 appropriation from the General

5 Fund estimated at not more than $0.

6 GENERAL PROVISIONS

7 DEPARTMENT OF ENERGY

8 SEC. 301. (a) None of the funds appropriated by this

9 Act may be used to award a management and operating

10 contract unless such contract is awarded using competitive

11 procedures or the Secretary of Energy grants, on a case12 by-case basis, a waiver to allow for such a deviation. The

13 Secretary may not delegate the authority to grant such

14 a waiver.

15 (b) At least 60 days before a contract award, amend16 ment, or modification for which the Secretary intends to

17 grant such a waiver, the Secretary shall submit to the

18 Subcommittees on Energy and Water Development of the

19 Committees on Appropriations of the House of Represent20 atives and the Senate a report notifying the subcommit21 tees of the waiver and setting forth the reasons for the

22 waiver.

23 SEC. 302. (a) None of the funds appropriated by this

24 Act may be used to award, amend, or modify a contract

25 in a manner that deviates from the Federal Acquisition
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1 Regulation, unless the Secretary of Energy grants, on a

2 case-by-case basis, a waiver to allow for such a deviation.

3 The Secretary may not delegate the authority to grant

4 such a waiver.

5 (b) At least 60 days before a contract award, amend6 ment, or modification for which the Secretary intends to

7 grant such a waiver, the Secretary shall submit to the

8 Subcommittees on Energy and Water Development of the

9 Committees on Appropriations of the House of Represent10 atives and the Senate a report notifying the subcommit11 tees of the waiver and setting forth the reasons for the

12 waiver.

13 SEC. 303. None of the funds appropriated by this Act

14 may be used to—

15 (1) develop or implement a workforce restruc16 turing plan that covers employees of the Department

17 of Energy; or

18 (2) provide enhanced severance payments or

19 other benefits for employees of the Department of

20 Energy,

21 under section 3161 of the National Defense Authorization

22 Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat.

23 2644; 42 U.S.C. 7274h).

24 SEC. 304. None of the funds appropriated by this Act

25 may be used to augment the $24,500,000 made available
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1 for obligation by this Act for severance payments and

2 other benefits and community assistance grants under sec3 tion 3161 of the National Defense Authorization Act for

4 Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2644;

5 42 U.S.C. 7274h).

6 SEC. 305. None of the funds appropriated by this Act

7 may be used to prepare or initiate Requests For Proposals

8 (RFPs) for a program if the program has not been funded

9 by Congress.

10 (TRANSFERS OF UNEXPENDED BALANCES)

11 SEC. 306. The unexpended balances of prior appro12 priations provided for activities in this Act may be trans13 ferred to appropriation accounts for such activities estab14 lished pursuant to this title. Balances so transferred may

15 be merged with funds in the applicable established ac16 counts and thereafter may be accounted for as one fund

17 for the same time period as originally enacted.

18 SEC. 307. Of the funds in this Act provided to gov19 ernment-owned, contractor-operated laboratories, not to

20 exceed 4 percent shall be available to be used for Labora21 tory Directed Research and Development.

22 SEC. 308. (a) Of the funds appropriated by this title

23 to the Department of Energy, not more than

24 $150,000,000 shall be available for reimbursement of

25 management and operating contractor travel expenses.
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1 (b) Funds appropriated by this title to the Depart2 ment of Energy may be used to reimburse a Department

3 of Energy management and operating contractor for travel

4 costs of its employees under the contract only to the extent

5 that the contractor applies to its employees the same rates

6 and amounts as those that apply to Federal employees

7 under subchapter I of chapter 57 of title 5, United States

8 Code, or rates and amounts established by the Secretary

9 of Energy. The Secretary of Energy may provide excep10 tions to the reimbursement requirements of this section

11 as the Secretary considers appropriate.

12 SEC. 309. No funds are provided in this Act or any

13 other Act for the Administrator of the Bonneville Power

14 Administration to enter into any agreement to perform en15 ergy efficiency services outside the legally defined Bonne16 ville service territory, with the exception of services pro17 vided internationally, including services provided on a re18 imbursable basis, unless the Administrator certifies that

19 such services are not available from private sector busi20 nesses.

21 SEC. 310. None of the funds appropriated in this or

22 any previous Energy and Water Development Appropria23 tion Act for payment into the Department of Energy

24 Working Capital Fund may be used to pay salaries and
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1 expenses of any employee of the United States Govern2 ment.

3 TITLE IV

4 INDEPENDENT AGENCIES

5 APPALACHIAN REGIONAL COMMISSION

6 For expenses necessary to carry out the programs au7 thorized by the Appalachian Regional Development Act of

8 1965, as amended, for necessary expenses for the Federal

9 Co-Chairman and the alternate on the Appalachian Re10 gional Commission, for payment of the Federal share of

11 the administrative expenses of the Commission, including

12 services as authorized by 5 U.S.C. 3109, and hire of pas13 senger motor vehicles, $63,000,000, to remain available

14 until expended.

15 DEFENSE NUCLEAR FACILITIES SAFETY

16 BOARD

17 SALARIES AND EXPENSES

18 For necessary expenses of the Defense Nuclear Fa19 cilities Safety Board in carrying out activities authorized

20 by the Atomic Energy Act of 1954, as amended by Public

21 Law 100–456, section 1441, $17,000,000, to remain

22 available until expended.
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1 NUCLEAR REGULATORY COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Commission in car4 rying out the purposes of the Energy Reorganization Act

5 of 1974, as amended, and the Atomic Energy Act of 1954,

6 as amended, including official representation expenses

7 (not to exceed $15,000), $481,900,000, to remain avail8 able until expended: Provided, That of the amount appro9 priated herein, $21,600,000 shall be derived from the Nu10 clear Waste Fund: Provided further, That revenues from

11 licensing fees, inspection services, and other services and

12 collections estimated at $457,100,000 in fiscal year 2001

13 shall be retained and used for necessary salaries and ex14 penses in this account, notwithstanding 31 U.S.C. 3302,

15 and shall remain available until expended: Provided fur16 ther, That $3,200,000 of the funds herein appropriated

17 for regulatory reviews and assistance to other Federal

18 agencies and States shall be excluded from license fee rev19 enues, notwithstanding 42 U.S.C. 2214: Provided further,

20 That the sum herein appropriated shall be reduced by the

21 amount of revenues received during fiscal year 2001 so

22 as to result in a final fiscal year 2001 appropriation esti23 mated at not more than $24,800,000.
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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector

3 General in carrying out the provisions of the Inspector

4 General Act of 1978, as amended, $5,500,000, to remain

5 available until expended: Provided, That revenues from li6 censing fees, inspection services, and other services and

7 collections estimated at $5,500,000 in fiscal year 2001

8 shall be retained and be available until expended, for nec9 essary salaries and expenses in this account notwith10 standing 31 U.S.C. 3302: Provided further, That the sum

11 herein appropriated shall be reduced by the amount of rev12 enues received during fiscal year 2001 so as to result in

13 a final fiscal year 2001 appropriation estimated at not

14 more than $0.

15 NUCLEAR WASTE TECHNICAL REVIEW BOARD

16 SALARIES AND EXPENSES

17 For necessary expenses of the Nuclear Waste Tech18 nical Review Board, as authorized by Public Law 100–

19 203, section 5051, $2,700,000, to be derived from the Nu20 clear Waste Fund, and to remain available until expended.
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1 TITLE V—RESCISSIONS

2 DEPARTMENT OF ENERGY

3 INTERIM STORAGE ACTIVITIES

4 (INCLUDING TRANSFER OF FUNDS)

5 (RESCISSION)

6 Of the funds appropriated in Public Law 104–46 for

7 interim storage of nuclear waste, $85,000,000 are trans8 ferred to this heading: Provided, That such amount is

9 hereby rescinded.

10 TITLE VI—GENERAL PROVISIONS

11 SEC. 601. None of the funds appropriated by this Act

12 may be used in any way, directly or indirectly, to influence

13 congressional action on any legislation or appropriation

14 matters pending before Congress, other than to commu15 nicate to Members of Congress as described in section

16 1913 of title 18, United States Code.

17 SEC. 602. (a) PURCHASE OF AMERICAN-MADE

18 EQUIPMENT AND PRODUCTS.—It is the sense of the Con19 gress that, to the greatest extent practicable, all equip20 ment and products purchased with funds made available

21 in this Act should be American-made.

22 (b) NOTICE REQUIREMENT.—In providing financial

23 assistance to, or entering into any contract with, any enti24 ty using funds made available in this Act, the head of each

25 Federal agency, to the greatest extent practicable, shall
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1 provide to such entity a notice describing the statement

2 made in subsection (a) by the Congress.

3 (c) PROHIBITION OF CONTRACTS WITH PERSONS

4 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

5 If it has been finally determined by a court or Federal

6 agency that any person intentionally affixed a label bear7 ing a ‘‘Made in America’’ inscription, or any inscription

8 with the same meaning, to any product sold in or shipped

9 to the United States that is not made in the United

10 States, the person shall be ineligible to receive any con11 tract or subcontract made with funds made available in

12 this Act, pursuant to the debarment, suspension, and ineli13 gibility procedures described in sections 9.400 through

14 9.409 of title 48, Code of Federal Regulations.

15 SEC. 603. (a) None of the funds appropriated or oth16 erwise made available by this Act may be used to deter17 mine the final point of discharge for the interceptor drain

18 for the San Luis Unit until development by the Secretary

19 of the Interior and the State of California of a plan, which

20 shall conform to the water quality standards of the State

21 of California as approved by the Administrator of the En22 vironmental Protection Agency, to minimize any detri23 mental effect of the San Luis drainage waters.

24 (b) The costs of the Kesterson Reservoir Cleanup

25 Program and the costs of the San Joaquin Valley Drain-
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1 age Program shall be classified by the Secretary of the

2 Interior as reimbursable or nonreimbursable and collected

3 until fully repaid pursuant to the ‘‘Cleanup Program—

4 Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter5 native Repayment Plan’’ described in the report entitled

6 ‘‘Repayment Report, Kesterson Reservoir Cleanup Pro7 gram and San Joaquin Valley Drainage Program, Feb8 ruary 1995’’, prepared by the Department of the Interior,

9 Bureau of Reclamation. Any future obligations of funds

10 by the United States relating to, or providing for, drainage

11 service or drainage studies for the San Luis Unit shall

12 be fully reimbursable by San Luis Unit beneficiaries of

13 such service or studies pursuant to Federal Reclamation

14 law.

15 SEC. 604. Section 6101(a)(3) of the Omnibus Budget

16 Reconciliation Act of 1990, as amended (42 U.S.C.

17 2214(a)(3)) is amended by striking ‘‘September 30, 2000’’

18 and inserting ‘‘September 30, 2001’’.

19 SEC. 605. None of the funds appropriated by this Act

20 shall be used to propose or issue rules, regulations, de21 crees, or orders for the purpose of implementation, or in

22 preparation for implementation, of the Kyoto Protocol

23 which was adopted on December 11, 1997, in Kyoto,

24 Japan at the Third Conference of the Parties to the

25 United Nations Framework Convention on Climate
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1 Change, which has not been submitted to the Senate for

2 advice and consent to ratification pursuant to article II,

3 section 2, clause 2, of the United States Constitution, and

4 which has not entered into force pursuant to article 25

5 of the Protocol.

6 SEC. 606. The Energy Policy and Conservation Act

7 is amended—

8 (1) by amending section 166 (42 U.S.C. 6246)

9 to read as follows:

10 ‘‘AUTHORIZATION OF APPROPRIATIONS

11 ‘‘SEC. 166. There are authorized to be appropriated

12 for fiscal years 2000 and 2001 such sums as may by nec13 essary to implement this part.’’;

14 (2) in section 181 (42 U.S.C. 6251) by striking

15 ‘‘March 31, 2000’’ both places it appears and insert16 ing ‘‘September 30, 2001’’; and

17 (3) in section 281 (42 U.S.C. 6285) by striking

18 ‘‘March 31, 2000’’ both places it appears and insert19 ing ‘‘September 30, 2001’’.

20 This Act may be cited as the ‘‘Energy and Water

21 Development Appropriations Act, 2001’’.
Union Calendar No. 390

106TH CONGRESS

2D SESSION H. R. 4733

[Report No. 106–693]

A BILL

Making appropriations for energy and water development for the fiscal year ending September 30,

2001, and for other purposes.

JUNE 23, 2000

Reported from the Committee on Appropriations, committed to the Committee of the Whole House on the

State of the Union, and ordered to be printed