In the Senate of the United States,

September 7, 2000.

Resolved, That the bill from the House of Representatives (H.R. 4733) entitled ‘‘An Act making appropriations for

energy and water development for the fiscal year ending September 30, 2001, and for other purposes.’’, do pass with the

following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

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

4 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 of

13 basic information pertaining to river and harbor, flood con14 trol, shore protection, and related projects, restudy of au15 thorized projects, miscellaneous investigations, and, when

16 authorized by laws, surveys and detailed studies and plans

17 and specifications of projects prior to construction,

18 $139,219,000, to remain available until expended, of which

19 $100,000 may be made available to carry out activities

20 under the John Glenn Great Lakes Basin Program estab21 lished under section 455 of the Water Resources Develop22 ment Act of 1999 (42 U.S.C. 1962d–21), of which $100,000

23 may be made available to develop the Detroit River

24 Masterplan under section 568 of the Water Resources Devel25 opment Act of 1999 (113 Stat. 368), of which not less than

26 $1,000,000 shall be available for the conduct of activities
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1 related to the selection, by the Secretary of the Army in

2 cooperation with the Environmental Protection Agency, of

3 a permanent disposal site for environmentally sound

4 dredged material from navigational dredging projects in the

5 State of Rhode Island, and of which $100,000 shall be made

6 available to carry out a reconnaissance study provided for

7 by section 447 of the Water Resources Development Act of

8 1999 (113 Stat. 329): Provided, That in conducting the

9 Southwest Valley Flood Damage Reduction Study, Albu10 querque, New Mexico, the Secretary of the Army, acting

11 through the Chief of Engineers, shall include an evaluation

12 of flood damage reduction measures that would otherwise

13 be excluded from the feasibility analysis based on policies

14 regarding the frequency of flooding, the drainage areas, and

15 the amount of runoff: Provided further, That the Secretary

16 of the Army, acting through the Chief of Engineers, is di17 rected to use $200,000, of funds appropriated herein for Re18 search and Development, for a topographic/bathymetric

19 mapping project for Coastal Louisiana in cooperation with

20 the National Oceanic and Atmospheric Administration at

21 the interagency Federal laboratory in Lafayette, Louisiana:

22 Provided further, That $50,000 provided herein shall be for

23 erosion control studies in the Harding Lake watershed in

24 Alaska.
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1 CONSTRUCTION, GENERAL

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

3 shore protection, and related projects authorized by laws;

4 and detailed studies, and plans and specifications, of

5 projects (including those for development with participation

6 or under consideration for participation by States, local

7 governments, or private groups) authorized or made eligible

8 for selection by law (but such studies shall not constitute

9 a commitment of the Government to construction),

10 $1,361,449,000, to remain available until expended, of

11 which such sums as are necessary for the Federal share of

12 construction costs for facilities under the Dredged Material

13 Disposal Facilities program shall be derived from the Har14 bor Maintenance Trust Fund, as authorized by Public Law

15 104–303; and of which such sums as are necessary pursuant

16 to Public Law 99–662 shall be derived from the Inland Wa17 terways Trust Fund, for one-half of the costs of construction

18 and rehabilitation of inland waterways projects, including

19 rehabilitation costs for the Lock and Dam 24, Mississippi

20 River, Illinois and Missouri; Lock and Dam 3, Mississippi

21 River, Minnesota; London Locks and Dam; Kanawha

22 River, West Virginia; and Lock and Dam 12, Mississippi

23 River, Iowa projects; and of which funds are provided for

24 the following projects in the amounts specified:
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1 Indianapolis Central Waterfront, Indiana,

2 $4,000,000;

3 Jackson County, Mississippi, $2,000,000; and

4 Upper Mingo County (including Mingo County

5 Tributaries), Lower Mingo County (Kermit), Wayne

6 County, and McDowell County, elements of the Levisa

7 and Tug Forks of the Big Sandy River and Upper

8 Cumberland River project in West Virginia,

9 $4,100,000:

10 Provided, That no part of any appropriation contained in

11 this Act shall be expended or obligated to begin Phase II

12 on the John Day Drawdown study or to initiate a study

13 of the drawdown of McNary Dam unless authorized by law:

14 Provided further, That the Secretary of the Army, acting

15 through the Chief of Engineers, is directed hereafter to use

16 available Construction, General funds in addition to fund17 ing provided to Public Law 104–206 to complete design and

18 construction of the Red River Regional Visitors Center in

19 the vicinity of Shreveport, Louisiana at an estimated cost

20 of $6,000,000: Provided further, That section 101(b)(4) of

21 the Water Resources Development Act of 1996, is amended

22 by striking ‘‘total cost of $8,600,000’’ and inserting in lieu

23 thereof, ‘‘total cost of $15,000,000’’: Provided further, That

24 the Secretary of the Army, acting through the Chief of Engi25 neers, is directed to use $3,000,000 of the funds appro-
6

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1 priated herein for additional emergency bank stabilization

2 measures at Galena, Alaska under the same terms and con3 ditions as previous emergency bank stabilization work un4 dertaken at Galena, Alaska pursuant to Section 116 of Pub5 lic Law 99–190: Provided further, That with $4,200,000 of

6 the funds appropriated herein, the Secretary of the Army,

7 acting through the Chief of Engineers, is directed to con8 tinue construction of the Brunswick County Beaches, North

9 Carolina-Ocean Isle Beach portion in accordance with the

10 General Reevaluation Report approved by the Chief of En11 gineers on May 15, 1998: Provided further, That the Sec12 retary of the Army, acting through the Chief of Engineers,

13 is directed to use not to exceed $300,000 of funds appro14 priated herein to reimburse the City of Renton, Washington,

15 at full Federal expense, for mitigation expenses incurred for

16 the flood control project constructed pursuant to 33 U.S.C.

17 701s at Cedar River, City of Renton, Washington, as a re18 sult of over-dredging by the Army Corps of Engineers: Pro19 vided further, That the Secretary of the Army, acting

20 through the Chief of Engineers, may use Construction, Gen21 eral funding as directed in Public Law 105–62 and Public

22 Law 105–245 to initiate construction of an emergency out23 let from Devils Lake, North Dakota, to the Sheyenne River,

24 except that the funds shall not become available unless the

25 Secretary of the Army determines that an emergency (as
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1 defined in section 102 of the Robert T. Stafford Disaster

2 Relief and Emergency Assistance Act (42 U.S.C. 5122)) ex3 ists with respect to the emergency need for the outlet and

4 reports to Congress that the construction is technically

5 sound, economically justified, and environmentally accept6 able, and in compliance with the National Environmental

7 Policy Act of 1969 (42 U.S.C. 4321 et seq.): Provided fur8 ther, That the economic justification for the emergency out9 let shall be prepared in accordance with the principles and

10 guidelines for economic evaluation as required by regula11 tions and procedures of the Army Corps of Engineers for

12 all flood control projects, and that the economic justification

13 be fully described, including the analysis of the benefits and

14 costs, in the project plan documents: Provided further, That

15 the plans for the emergency outlet shall be reviewed and,

16 to be effective, shall contain assurances provided by the Sec17 retary of State, after consultation with the International

18 Joint Commission, that the project will not violate the re19 quirements or intent of the Treaty Between the United

20 States and Great Britain Relating to Boundary Waters Be21 tween the United States and Canada, signed at Washington

22 January 11, 1909 (36 Stat. 2448; TS 548) (commonly

23 known as the ‘‘Boundary Waters Treaty of 1909’’): Pro24 vided further, That the Secretary of the Army shall submit

25 the final plans and other documents for the emergency out-
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1 let to Congress: Provided further, That no funds made avail2 able under this Act or any other Act for any fiscal year

3 may be used by the Secretary of the Army to carry out

4 the portion of the feasibility study of the Devils Lake Basin,

5 North Dakota, authorized under the Energy and Water De6 velopment Appropriations Act, 1993 (Public Law 102–

7 377), that addresses the needs of the area for stabilized lake

8 levels through inlet controls, or to otherwise study any facil9 ity or carry out any activity that would permit the transfer

10 of water from the Missouri River Basin into Devils Lake:

11 Provided further, That $500,000 of the funding appro12 priated herein shall be used to undertake the Hay Creek,

13 Roseau County, Minnesota Flood Control Project under sec14 tion 206 funding.

15 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES,

16 ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS17 SISSIPPI, MISSOURI, AND TENNESSEE

18 For expenses necessary for prosecuting work of flood

19 control, and rescue work, repair, restoration, or mainte20 nance of flood control projects threatened or destroyed by

21 flood, as authorized by law (33 U.S.C. 702a and 702g–1),

22 $334,450,000, to remain available until expended: Pro23 vided, That the Secretary of the Army is directed to com24 plete his analysis and determination of Federal mainte25 nance of the Greenville Inner Harbor, Mississippi naviga26 tion project in accordance with Section 509 of the Water
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1 Resources Development Act of 1996: Provided further, That

2 of the amounts made available under this heading for con3 struction, there shall be provided $375,000 for Tributaries

4 in the Yazoo Basin of Mississippi, and $45,000,000 for the

5 Mississippi River levees: Provided further, That of the

6 amounts made available under this heading for operation

7 and maintenance, there shall be provided $6,747,000 for

8 Arkabutla Lake, $4,376,000 for Enid Lake, $5,280,000 for

9 Grenada Lake, and $7,680,000 for Sardis Lake.

10 OPERATION AND MAINTENANCE, GENERAL

11 For expenses necessary for the preservation, operation,

12 maintenance, and care of existing river and harbor, flood

13 control, and related works, including such sums as may be

14 necessary for the maintenance of harbor channels provided

15 by a State, municipality or other public agency, outside

16 of harbor lines, and serving essential needs of general com17 merce and navigation; surveys and charting of northern

18 and northwestern lakes and connecting waters; clearing and

19 straightening channels; and removal of obstructions to navi20 gation, $1,862,471,000, to remain available until expended,

21 of which such sums as become available in the Harbor

22 Maintenance Trust Fund, pursuant to Public Law 99–662,

23 may be derived from that Fund, of which such sums as be24 come available from the special account established by the

25 Land and Water Conservation Act of 1965, as amended (16

26 U.S.C. 460l), may be derived from that account for con-
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1 struction, operation, and maintenance of outdoor recreation

2 facilities, of which $500,000 shall be available for mainte3 nance and repair of the Sakonnet Harbor breakwater in

4 Little Compton, Rhode Island, of which $50,000 shall be

5 used to carry out the feasibility study described in section

6 109, and of which $150,000 of funds made available for

7 the Delaware River, Philadelphia to the Sea, shall be made

8 available for the Philadelphia District of the Corps of Engi9 neers to establish a program to allow the direct marketing

10 of dredged material from the Delaware River Deepening

11 Project to public agencies and private entities: Provided,

12 That the Secretary of the Army, acting through the Chief

13 of Engineers, from the funds provided herein for the oper14 ation and maintenance of New York Harbor, New York, is

15 directed to prepare the necessary documentation and ini16 tiate removal of submerged obstructions and debris in the

17 area previously marked by the Ambrose Light Tower in the

18 interest of safe navigation: Provided further, That

19 $1,700,000 shall be used to implement environmental res20 toration requirements as specified under the certification

21 issued by the State of Florida under section 401 of the Fed22 eral Water Pollution Control Act (33 U.S.C. 1341), dated

23 October 1999 (permit number 0129424–001–DF), including

24 $1,200,000 for increased environmental dredging and
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1 $500,000 for related environmental studies required by the

2 water quality certification.

3 REGULATORY PROGRAM

4 For expenses necessary for administration of laws per5 taining to regulation of navigable waters and wetlands,

6 $120,000,000, to remain available until expended: Pro7 vided, That the Secretary of the Army, acting through the

8 Chief of Engineers, is directed to use funds appropriated

9 herein to: (1) by March 1, 2001, supplement the report, Cost

10 Analysis For the 1999 Proposal to Issue and Modify Na11 tionwide Permits, to reflect the Nationwide Permits actu12 ally issued on March 9, 2000, including changes in the acre13 age limits, preconstruction notification requirements and

14 general conditions between the rule proposed on July 21,

15 1999, and the rule promulgated and published in the Fed16 eral Register; (2) after consideration of the cost analysis

17 for the 1999 proposal to issue and modify nationwide per18 mits and the supplement prepared pursuant to this Act and

19 by September 30, 2001, prepare, submit to Congress and

20 publish in the Federal Register a Permit Processing Man21 agement Plan by which the Corps of Engineers will handle

22 the additional work associated with all projected increases

23 in the number of individual permit applications and

24 preconstruction notifications related to the new and replace25 ment permits and general conditions. The Permit Proc26 essing Management Plan shall include specific objective
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1 goals and criteria by which the Corps of Engineers’ progress

2 towards reducing any permit backlog can be measured; (3)

3 beginning on December 31, 2001, and on a biannual basis

4 thereafter, report to Congress and publish in the Federal

5 Register, an analysis of the performance of its program as

6 measured against the criteria set out in the Permit Proc7 essing Management Plan; (4) implement a 1-year pilot pro8 gram to publish quarterly on the U.S. Army Corps of Engi9 neer’s Regulatory Program website all Regulatory Analysis

10 and Management Systems (RAMS) data for the South Pa11 cific Division and North Atlantic Division beginning with12 in 30 days of the enactment of this Act; and (5) publish

13 in Division Office websites all findings, rulings, and deci14 sions rendered under the administrative appeals process for

15 the Corps of Engineers Regulatory Program as established

16 in Public Law 106–60: Provided further, That, through the

17 period ending on September 30, 2003, the Corps of Engi18 neers shall allow any appellant to keep a verbatim record

19 of the proceedings of the appeals conference under the afore20 mentioned administrative appeals process: Provided fur21 ther, That within 30 days of the enactment of this Act, the

22 Secretary of the Army, acting through the Chief of Engi23 neers, shall require all U.S. Army Corps of Engineers Divi24 sions and Districts to record the date on which a Section

25 404 individual permit application or nationwide permit
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1 notification is filed with the Corps of Engineers: Provided

2 further, That the Corps of Engineers, when reporting per3 mit processing times, shall track both the date a permit ap4 plication is first received and the date the application is

5 considered complete, as well as the reason that the applica6 tion is not considered complete upon first submission.

7 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

8 For expenses necessary to clean up contamination

9 from sites throughout the United States resulting from work

10 performed as part of the Nation’s early atomic energy pro11 gram, $140,000,000, to remain available until expended.

12 GENERAL EXPENSES

13 For expenses necessary for general administration and

14 related functions in the Office of the Chief of Engineers and

15 offices of the Division Engineers; activities of the Coastal

16 Engineering Research Board, the Humphreys Engineer

17 Center Support Activity, the Water Resources Support Cen18 ter, and headquarters support functions at the USACE Fi19 nance Center, $152,000,000, to remain available until ex20 pended: Provided, That no part of any other appropriation

21 provided in title I of this Act shall be available to fund

22 the activities of the Office of the Chief of Engineers or the

23 executive direction and management activities of the divi24 sion offices: Provided further, That none of these funds shall

25 be available to support an office of congressional affairs

26 within the executive office of the Chief of Engineers.
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1 REVOLVING FUND

2 Amounts in the Revolving fund are available for the

3 costs of relocating the U.S. Army Corps of Engineers head4 quarters to office space in the General Accounting Office

5 headquarters building in Washington, D.C.

6 ADMINISTRATIVE PROVISIONS

7 Appropriations in this title shall be available for offi8 cial reception and representation expenses (not to exceed

9 $5,000); and during the current fiscal year the Revolving

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

11 (not to exceed 100 for replacement only) and hire of pas12 senger motor vehicles.

13 GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL

14 SEC. 101. Notwithstanding any other provisions of

15 law, no fully allocated funding policy shall be applied to

16 projects for which funds are identified in the Committee re17 ports accompanying this Act under the Construction, Gen18 eral; Operation and Maintenance, General; and Flood Con19 trol, Mississippi River and Tributaries, appropriation ac20 counts: Provided, That the Secretary of the Army, acting

21 through the Chief of Engineers, is directed to undertake

22 these projects using continuing contracts, as authorized in

23 section 10 of the Rivers and Harbors Act of September 22,

24 1922 (33 U.S.C. 621).

25 SEC. 102. Agreements proposed for execution by the As26 sistant Secretary of the Army for Civil Works or the United
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HR 4733 EAS

1 States Army Corps of Engineers after the date of the enact2 ment of this Act pursuant to section 4 of the Rivers and

3 Harbor Act of 1915, Public Law 64–291; section 11 of the

4 River and Harbor Act of 1925, Public Law 68–585; the

5 Civil Functions Appropriations Act, 1936, Public Law 75–

6 208; section 215 of the Flood Control Act of 1968, as amend7 ed, Public Law 90–483; sections 104, 203, and 204 of the

8 Water Resources Development Act of 1986, as amended

9 (Public Law 99–662); section 206 of the Water Resources

10 Development Act of 1992, as amended, Public Law 102–

11 580; section 211 of the Water Resources Development Act

12 of 1996, Public Law 104–303, and any other specific project

13 authority, shall be limited to credits and reimbursements

14 per project not to exceed $10,000,000 in each fiscal year,

15 and total credits and reimbursements for all applicable

16 projects not to exceed $50,000,000 in each fiscal year.

17 SEC. 103. None of the funds made available in this

18 Act may be used to revise the Missouri River Master Water

19 Control Manual when it is made known to the Federal enti20 ty or official to which the funds are made available that

21 such revision provides for an increase in the springtime

22 water release program during the spring heavy rainfall and

23 snow melt period in States that have rivers draining into

24 the Missouri River below the Gavins Point Dam.
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1 SEC. 104. ST. GEORGES BRIDGE, DELAWARE. None of

2 the funds made available by this Act may be used to carry

3 out any activity relating to closure or removal of the St.

4 Georges Bridge across the Chesapeake and Delaware Canal,

5 Delaware, including a hearing or any other activity relat6 ing to preparation of an environmental impact statement

7 concerning the closure or removal.

8 SEC. 105. Of the funds appropriated in title I, Oper9 ation and Maintenance, General, $10,400,000 is available

10 for the operation and maintenance of the Pascagoula Har11 bor, Mississippi.

12 SEC. 106. Of the funds appropriated in title I, Con13 struction General, $200,000 is available for the Gulfport

14 Harbor, Mississippi project for the Corps of Engineers to

15 prepare a project study plan and to initiate a general re16 evaluation report for the remaining authorized channel

17 width dredging.

18 SEC. 107. Studies for Kihei Area Erosion, HI, shall

19 include an analysis of the extent and causes of the shoreline

20 erosion. Further, studies shall include an analysis of the

21 total recreation and any other economic benefits accruing

22 to the public to be derived from restoration of the shoreline.

23 The results of this analysis shall be displayed in study docu24 ments along with the traditional benefit-cost analysis.
17

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1 SEC. 108. Studies for Waikiki Erosion Control, HI,

2 shall include an analysis of environmental resources that

3 have been, or may be, threatened by erosion of the shoreline.

4 Further, studies shall include an analysis of the total recre5 ation and any other economic benefits accruing to the pub6 lic to be derived from restoration of the shoreline. The re7 sults of this analysis shall be displayed in study documents

8 along with the traditional benefit-cost analysis.

9 SEC. 109. DELAWARE RIVER TO CHESAPEAKE BAY,

10 DELAWARE AND MARYLAND. (a) IN GENERAL.—The Sec11 retary of the Army, in cooperation with the Department

12 of Transportation of the State of Delaware, shall conduct

13 a study to determine the need for providing additional

14 crossing capacity across the Chesapeake and Delaware

15 Canal.

16 (b) REQUIRED ELEMENTS.—In carrying out sub17 section (a), the Secretary shall—

18 (1) analyze the need for providing additional

19 crossing capacity;

20 (2) analyze the timing, and establish a time21 frame, for satisfying any need for additional crossing

22 capacity determined under paragraph (1);

23 (3) analyze the feasibility, taking into account

24 the rate of development around the canal, of devel25 oping 1 or more crossing corridors to satisfy, within
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1 the timeframe established under paragraph (2), the

2 need for additional crossing capacity with minimal

3 environmental impact.

4 SEC. 110. SENSE OF THE SENATE CONCERNING THE

5 DREDGING OF THE MAIN CHANNEL OF THE DELAWARE

6 RIVER. It is the sense of the Senate that—

7 (1) the Corps of Engineers should continue to ne8 gotiate in good faith with the State of Delaware to

9 address outstanding environmental permitting con10 cerns relating to the project for navigation, Delaware

11 River Mainstem and Channel Deepening, Delaware,

12 New Jersey, and Pennsylvania, authorized by section

13 101(6) of the Water Resources Development Act of

14 1992 (106 Stat. 4802) and modified by section 308 of

15 the Water Resources Development Act of 1999 (113

16 Stat. 300); and

17 (2) the Corps of Engineers and the State of Dela18 ware should resolve their differences through the nor19 mal State water quality permitting process.

20 SEC. 111. APPROPRIATION FOR ALTERNATIVE

21 NONOCEAN REMEDIATION SITES. The Secretary of the

22 Army may use up to $1,000,000 of available funds to carry

23 out a nonocean alternative remediation demonstration

24 project for dredged material at the Historic Area Remedi25 ation Site.
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1 SEC. 112. Within available funds under title I, the Sec2 retary of the Army, acting through the Chief of Engineers,

3 shall provide up to $7,000,000 to replace and upgrade the

4 dam in Kake, Alaska which collapsed July 2000, to provide

5 drinking water and hydroelectricity.

6 TITLE II

7 DEPARTMENT OF THE INTERIOR

8 CENTRAL UTAH PROJECT

9 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

10 For carrying out activities authorized by the Central

11 Utah Project Completion Act, $38,724,000, to remain avail12 able until expended, of which $19,158,000 shall be deposited

13 into the Utah Reclamation Mitigation and Conservation

14 Account: Provided, That of the amounts deposited into that

15 account, $5,000,000 shall be considered the Federal con16 tribution authorized by paragraph 402(b)(2) of the Central

17 Utah Project Completion Act and $14,158,000 shall be

18 available to the Utah Reclamation Mitigation and Con19 servation Commission to carry out activities authorized

20 under that Act.

21 In addition, for necessary expenses incurred in car22 rying out related responsibilities of the Secretary of the In23 terior, $1,216,000, to remain available until expended.
20

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1 BUREAU OF RECLAMATION

2 For carrying out the functions of the Bureau of Rec3 lamation as provided in the Federal reclamation laws (Act

4 of June 17, 1902, 32 Stat. 388, and Acts amendatory there5 of or supplementary thereto) and other Acts applicable to

6 that Bureau as follows:

7 WATER AND RELATED RESOURCES

8 (INCLUDING TRANSFER OF FUNDS)

9 For management, development, and restoration of

10 water and related natural resources and for related activi11 ties, including the operation, maintenance and rehabilita12 tion of reclamation and other facilities, participation in

13 fulfilling related Federal responsibilities to Native Ameri14 cans, and related grants to, and cooperative and other

15 agreements with, State and local governments, Indian

16 tribes, and others, $655,192,000, to remain available until

17 expended, of which $1,916,000 shall be available for transfer

18 to the Upper Colorado River Basin Fund and $38,667,000

19 shall be available for transfer to the Lower Colorado River

20 Basin Development Fund; of which such amounts as may

21 be necessary may be advanced to the Colorado River Dam

22 Fund; of which $16,000,000 shall be for on-reservation

23 water development, feasibility studies, and related adminis24 trative costs under Public Law 106–163; of which not more

25 than 25 percent of the amount provided for drought emer26 gency assistance may be used for financial assistance for
21

HR 4733 EAS

1 the preparation of cooperative drought contingency plans

2 under Title II of Public Law 102–250; and of which not

3 more than $500,000 is for high priority projects which shall

4 be carried out by the Youth Conservation Corps, as author5 ized by 16 U.S.C. 1706: Provided, That such transfers may

6 be increased or decreased within the overall appropriation

7 under this heading: Provided further, That of the total ap8 propriated, the amount for program activities that can be

9 financed by the Reclamation Fund or the Bureau of Rec10 lamation special fee account established by 16 U.S.C. 460l–

11 6a(i) shall be derived from that Fund or account: Provided

12 further, That funds contributed under 43 U.S.C. 395 are

13 available until expended for the purposes for which contrib14 uted: Provided further, That funds advanced under 43

15 U.S.C. 397a shall be credited to this account and are avail16 able until expended for the same purposes as the sums ap17 propriated under this heading: Provided further, That

18 funds available for expenditure for the Departmental Irri19 gation Drainage Program may be expended by the Bureau

20 of Reclamation for site remediation on a non-reimbursable

21 basis: Provided further, That section 301 of Public Law

22 102–250, Reclamation States Emergency Drought Relief

23 Act of 1991, as amended, is amended further by inserting

24 ‘‘2000, and 2001’’ in lieu of ‘‘and 2000’’: Provided further,

25 That the amount authorized for Indian municipal, rural,
22

HR 4733 EAS

1 and industrial water features by section 10 of Public Law

2 89–108, as amended by section 8 of Public Law 99–294,

3 section 1701(b) of Public Law 102–575, Public Law 105–

4 245, and Public Law 106–60 is increased by $2,000,000

5 (October 1998 prices): Provided further, That the amount

6 authorized for Minidoka Project North Side Pumping Divi7 sion, Idaho, by section 5 of Public Law 81–864, is increased

8 by $2,805,000: Provided further, That the Reclamation

9 Safety of Dams Act of 1978 (43 U.S.C. 509) is amended

10 as follows: (1) by inserting in Section 4(c) after ‘‘1984,’’

11 and before ‘‘costs’’ the following: ‘‘and the additional

12 $95,000,000 further authorized to be appropriated by

13 amendments to that Act in 2000,’’; (2) by inserting in Sec14 tion 5 after ‘‘levels),’’ and before ‘‘plus’’ the following: ‘‘and,

15 effective October 1, 2000, not to exceed an additional

16 $95,000,000 (October 1, 2000, price levels),’’; and (3) by

17 striking ‘‘sixty days (which’’ and all that follows through

18 ‘‘day certain)’’ and inserting in lieu thereof ‘‘30 calendar

19 days’’: Provided further, That $2,300,000 of the funding

20 provided herein shall be for the Albuquerque Metropolitan

21 Area Water Reclamation and Reuse project authorized by

22 title XVI of Public Law 102–575 to undertake phase II of

23 the project.

24 BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

25 For the cost of direct loans and/or grants, $8,944,000,

26 to remain available until expended, as authorized by the
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HR 4733 EAS

1 Small Reclamation Projects Act of August 6, 1956, as

2 amended (43 U.S.C. 422a–422l): Provided, That such costs,

3 including the cost of modifying such loans, shall be as de4 fined in section 502 of the Congressional Budget Act of

5 1974, as amended: Provided further, That these funds are

6 available to subsidize gross obligations for the principal

7 amount of direct loans not to exceed $27,000,000.

8 In addition, for administrative expenses necessary to

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

10 $425,000, to remain available until expended: Provided,

11 That of the total sums appropriated, the amount of program

12 activities that can be financed by the Reclamation Fund

13 shall be derived from that Fund.

14 CENTRAL VALLEY PROJECT RESTORATION FUND

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

16 habitat restoration, improvement, and acquisition provi17 sions of the Central Valley Project Improvement Act,

18 $38,382,000, to be derived from such sums as may be col19 lected in the Central Valley Project Restoration Fund pur20 suant to sections 3407(d), 3404(c)(3), 3405(f), and

21 3406(c)(1) of Public Law 102–575, to remain available

22 until expended: Provided, That the Bureau of Reclamation

23 is directed to assess and collect the full amount of the addi24 tional mitigation and restoration payments authorized by

25 section 3407(d) of Public Law 102–575.
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1 POLICY AND ADMINISTRATION

2 For necessary expenses of policy, administration, and

3 related functions in the office of the Commissioner, the Den4 ver office, and offices in the five regions of the Bureau of

5 Reclamation, to remain available until expended,

6 $50,224,000, to be derived from the Reclamation Fund and

7 be nonreimbursable as provided in 43 U.S.C. 377: Provided,

8 That no part of any other appropriation in this Act shall

9 be available for activities or functions budgeted as policy

10 and administration expenses.

11 ADMINISTRATIVE PROVISIONS

12 SEC. 201. Appropriations for the Bureau of Reclama13 tion shall be available for purchase of not to exceed four

14 passenger motor vehicles for replacement only.

15 SEC. 202. Funds under this title for Drought Emer16 gency Assistance shall be made available primarily for leas17 ing of water for specified drought related purposes from

18 willing lessors, in compliance with existing State laws and

19 administered under State water priority allocation. Such

20 leases may be entered into with an option to purchase: Pro21 vided, That such purchase is approved by the State in

22 which the purchase takes place and the purchase does not

23 cause economic harm within the State in which the pur24 chase is made.
25

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1 GENERAL PROVISIONS

2 SEC. 203. (a) For fiscal year 2001 and each fiscal year

3 thereafter, the Secretary of the Interior shall continue the

4 funding of monitoring and research, as authorized by sec5 tion 1807 of the Grand Canyon Protection Act of 1992 (106

6 Stat. 4672), at not more than $7,687,000, adjusted to reflect

7 changes in the Consumer Price Index for All Urban Con8 sumers published by the Bureau of Labor Statistics of the

9 Department of Labor.

10 (b) The activities to be funded as provided under sub11 section (a) include activities required to meet the require12 ments of subsections (a) and (b) of section 1805 of the

13 Grand Canyon Protection Act of 1992 (106 Stat. 4672), in14 cluding the requirements of the Biological Opinion on the

15 Operation of Glen Canyon Dam and activities required by

16 the Programmatic Agreement on Cultural and Historic

17 Properties.

18 (c) To the extent that funding under subsection (a) is

19 insufficient to pay the costs of the monitoring and research,

20 the Secretary of the Interior may use funds appropriated

21 to carry out section 8 of the Act of April 11, 1956 (com22 monly known as the ‘‘Colorado River Storage Project Act’’)

23 (43 U.S.C. 620g), to pay those costs.

24 SEC. 204. Section 202 of Division B, Title I, Chapter

25 2 of Public Law 106–246 is amended by adding at the end
26

HR 4733 EAS

1 the following: ‘‘This section shall be effective through Sep2 tember 30, 2001.’’.

3 SEC. 205. The Secretary of the Interior is authorized

4 and directed to use not to exceed $1,000,000 of the funds

5 appropriated under title II to refund amounts received by

6 the United States as payments for charges assessed by the

7 Secretary prior to January 1, 1994 for failure to file cer8 tain certification or reporting forms prior to the receipt of

9 irrigation water, pursuant to sections 206 and 224(c) of

10 the Reclamation Reform Act of 1982 (96 Stat. 1226, 1272;

11 43 U.S.C. 390ff, 390ww(c)), including the amount of associ12 ated interest assessed by the Secretary and paid to the

13 United States pursuant to section 224(i) of the Reclamation

14 Reform Act of 1982 (101 Stat. 1330–268; 43 U.S.C.

15 390ww(i)).

16 SEC. 206. RECREATION DEVELOPMENT, BUREAU OF

17 RECLAMATION, MONTANA PROJECTS. (a) IN GENERAL.—To

18 provide a greater level of recreation management activities

19 on reclamation project land and water areas within the

20 State of Montana east of the Continental Divide (including

21 the portion of the Yellowtail Unit of the Pick-Sloan Project

22 located in Wyoming) necessary to meet the changing needs

23 and expectations of the public, the Secretary of the Interior

24 may—
27

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1 (1) investigate, plan, construct, operate, and

2 maintain public recreational facilities on land with3 drawn or acquired for the projects;

4 (2) conserve the scenery, the natural, historic,

5 paleontologic, and archaeologic objects, and the wild6 life on the land;

7 (3) provide for public use and enjoyment of the

8 land and of the water areas created by a project by

9 such means as are consistent with but subordinate to

10 the purposes of the project; and

11 (4) investigate, plan, construct, operate, and

12 maintain facilities for the conservation of fish and

13 wildlife resources.

14 (b) COSTS.—The costs (including operation and main15 tenance costs) of carrying out subsection (a) shall be non16 reimbursable and nonreturnable under Federal reclamation

17 law.

18 SEC. 207. CANYON FERRY RESERVOIR, MONTANA. (a)

19 APPRAISALS.—Section 1004(c)(2)(B) of title X of division

20 C of the Omnibus Consolidated and Emergency Supple21 mental Appropriations Act, 1999 (112 Stat. 2681–713; 113

22 Stat. 1501A–307) is amended—

23 (1) in clause (i), by striking ‘‘be based on’’ and

24 inserting ‘‘use’’;
28

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1 (2) in clause (vi), by striking ‘‘Notwithstanding

2 any other provision of law,’’ and inserting ‘‘To the

3 extent consistent with the Uniform Appraisal Stand4 ards for Federal Land Acquisition,’’; and

5 (3) by adding at the end the following:

6 ‘‘(vii) APPLICABILITY.—This subparagraph shall

7 apply to the extent that its application is practicable

8 and consistent with the Uniform Appraisal Stand9 ards for Federal Land Acquisition.’’.

10 (b) TIMING.—Section 1004(f)(2) of title X of division

11 C of the Omnibus Consolidated and Emergency Supple12 mental Appropriations Act, 1999 (112 Stat. 2681–714; 113

13 Stat. 1501A–308) is amended by inserting after ‘‘Act,’’ the

14 following: ‘‘in accordance with all applicable law,’’.

15 (c) INTEREST.—Section 1008(b) of title X of division

16 C of the Omnibus Consolidated and Emergency Supple17 mental Appropriations Act, 1999 (112 Stat. 2681–717; 113

18 Stat. 1501A–310) is amended by striking paragraph (4).

19 SEC. 208. Beginning in fiscal year 2000 and there20 after, any amounts provided for the Newlands Water Rights

21 Fund for purchasing and retiring water rights in the

22 Newlands Reclamation Project shall be non-reimbursable.

23 SEC. 209. USE OF COLORADO-BIG THOMPSON

24 PROJECT FACILITIES FOR NONPROJECT WATER. The Sec25 retary of the Interior may enter into contracts with the city
29

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1 of Loveland, Colorado, or its Water and Power Department

2 or any other agency, public utility, or enterprise of the city,

3 providing for the use of facilities of the Colorado-Big

4 Thompson Project, Colorado, under the Act of February 21,

5 1911 (43 U.S.C. 523), for—

6 (1) the impounding, storage, and carriage of

7 nonproject water originating on the eastern slope of

8 the Rocky Mountains for domestic, municipal, indus9 trial, and other beneficial purposes; and

10 (2) the exchange of water originating on the east11 ern slope of the Rocky Mountains for the purposes

12 specified in paragraph (1), using facilities associated

13 with the Colorado-Big Thompson Project, Colorado.

14 SEC. 210. AMENDMENT TO IRRIGATION PROJECT CON15 TRACT EXTENSION ACT OF 1998. (a) Section 2(a) of the

16 Irrigation Project Contract Extension Act of 1998, Public

17 Law 105–293, is amended by striking the date ‘‘December

18 31, 2000’’, and inserting in lieu thereof the date ‘‘December

19 31, 2003’’; and

20 (b) Subsection 2(b) of the Irrigation Project Contract

21 Extension Act of 1998, Public Law 105–293, is amended

22 by—

23 (1) striking the phrase ‘‘not to go beyond Decem24 ber 31, 2001’’, and inserting in lieu thereof the phrase

25 ‘‘not to go beyond December 31, 2003’’; and
30

HR 4733 EAS

1 (2) striking the phrase ‘‘terminates prior to De2 cember 31, 2000’’, and inserting in lieu thereof ‘‘ter3 minates prior to December 31, 2003’’.

4 TITLE III

5 DEPARTMENT OF ENERGY

6 ENERGY PROGRAMS

7 ENERGY SUPPLY

8 (INCLUDING TRANSFER OF FUNDS)

9 For Department of Energy expenses including the pur10 chase, construction and acquisition of plant and capital

11 equipment, and other expenses necessary for energy supply,

12 and uranium supply and enrichment activities in carrying

13 out the purposes of the Department of Energy Organization

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

15 condemnation of any real property or any facility or for

16 plant or facility acquisition, construction, or expansion;

17 and the purchase of not to exceed 17 passenger motor vehi18 cles for replacement only, $691,520,000 to remain available

19 until September 30, 2002, of which $12,000,000 shall be de20 rived by transfer from the United States Enrichment Cor21 poration Fund, of which an appropriate amount shall be

22 available for innovative projects in small rural commu23 nities in the Mississippi Delta, such as Morgan City, Mis24 sissippi, to demonstrate advanced alternative energy tech25 nologies, concerning which projects the Secretary of Energy
31

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1 shall submit to Congress a report not later than March 31,

2 2001, and of which $100,000 shall be made available to

3 Western Biomass Energy LLC for an ethanol demonstra4 tion project: Provided, That $4,000,000 shall be made avail5 able for the demonstration of an underground mining loco6 motive and an earth loader powered by hydrogen at existing

7 mining facilities within the State of Nevada. The dem8 onstration is subject to a private sector industry cost-share

9 of not less than equal amount, and a portion of these funds

10 may also be used to acquire a prototype hydrogen fueling

11 appliance to provide on-site hydrogen in the demonstration:

12 Provided further, That $5,000,000 shall be made available

13 to support a project to demonstrate a commercial facility

14 employing thermo-depolymerization technology at a site ad15 jacent to the Nevada Test Site. The project shall proceed

16 on a cost-share basis where Federal funding shall be

17 matched in at least an equal amount with non-Federal

18 funding: Provided further, That $1,000,000 shall be made

19 available for the Kotzebue wind project: Provided further,

20 That $2,000,000 shall be made available for the design and

21 construction of a demonstration facility for regional bio22 mass ethanol manufacturing in southeast Alaska: Provided

23 further, That $500,000 shall be made available for the bio24 reactor landfill project to be administered by the Environ25 mental Education and Research Foundation and Michigan
32

HR 4733 EAS

1 State University: Provided further, That of the amount

2 available for wind energy systems, not less than $5,000,000

3 shall be made available for small wind, including not less

4 than $2,000,000 for the small wind turbine development

5 project: Provided further, That, in addition, royalties re6 ceived to compensate the Department of Energy for its par7 ticipation in the First-Of-A-Kind-Engineering program

8 shall be credited to this account to be available until Sep9 tember 30, 2002 for the purposes of Nuclear Energy, Science

10 and Technology activities: Provided further, That of the

11 amounts made available for energy supply $1,000,000 shall

12 be available for the Office of Arctic Energy: Provided fur13 ther, That $1,000,000 is provided to initiate planning of

14 a one MW dish engine field validation power project at

15 UNLV in Nevada: Provided further, That $3,000,000 shall

16 be made available for technology development and dem17 onstration program in Combined Cooling, Heating and

18 Power Technology Development for Thermal Load Manage19 ment, District Energy Systems, and Distributed Genera20 tion, based upon natural gas, hydrogen, and renewable en21 ergy technologies. Further, the program is to be carried out

22 by the Oak Ridge National Laboratory through its Building

23 Equipment Technology Program.

24 NON-DEFENSE ENVIRONMENTAL MANAGEMENT

25 For Department of Energy expenses, including the

26 purchase, construction and acquisition of plant and capital
33

HR 4733 EAS

1 equipment and other expenses necessary for non-defense en2 vironmental management activities in carrying out the

3 purposes of the Department of Energy Organization Act (42

4 U.S.C. 7101 et seq.), including the acquisition or con5 demnation of any real property or any facility or for plant

6 or facility acquisition, construction or expansion,

7 $309,141,000, to remain available until expended.

8 URANIUM ENRICHMENT DECONTAMINATION AND

9 DECOMMISSIONING FUND

10 For necessary expenses in carrying out uranium en11 richment facility decontamination and decommissioning,

12 remedial actions and other activities of title II of the Atom13 ic Energy Act of 1954 and title X, subtitle A of the Energy

14 Policy Act of 1992, $297,778,000, to be derived from the

15 Fund, to remain available until expended: Provided, That

16 $30,000,000 of amounts derived from the Fund for such ex17 penses shall be available in accordance with title X, subtitle

18 A, of the Energy Policy Act of 1992.

19 SCIENCE

20 For Department of Energy expenses including the pur21 chase, construction and acquisition of plant and capital

22 equipment, and other expenses necessary for science activi23 ties in carrying out the purposes of the Department of En24 ergy Organization Act (42 U.S.C. 7101 et seq.), including

25 the acquisition or condemnation of any real property or

26 facility or for plant or facility acquisition, construction, or
34

HR 4733 EAS

1 expansion, and purchase of not to exceed 58 passenger

2 motor vehicles for replacement only, $2,870,112,000, to re3 main available until expended, of which $500,000 shall be

4 available for participation by the Idaho National Engineer5 ing and Environmental Laboratory in the Greater Yellow6 stone Energy and Transportation Systems Study: Provided,

7 That $3,000,000 shall be made available for high tempera8 ture superconductivity research at Boston College: Provided

9 further, That notwithstanding any other provision of law,

10 not to exceed $51,163,000 of the funds appropriated herein

11 may be obligated for the Small Business Innovation Re12 search program and not to exceed $3,069,000 of the funds

13 appropriated herein may be obligated for the Small Busi14 ness Technology Transfer program: Provided further, That

15 $12,500,000 of the funds appropriated herein shall be avail16 able for Molecular Nuclear Medicine.

17 NUCLEAR WASTE DISPOSAL

18 For nuclear waste disposal activities to carry out the

19 purposes of Public Law 97–425, as amended, including the

20 acquisition of real property or facility construction or ex21 pansion, $59,175,000, to remain available until expended

22 and to be derived from the Nuclear Waste Fund: Provided,

23 That not to exceed $2,500,000 may be provided to the State

24 of Nevada solely for expenditures, other than salaries and

25 expenses of State employees, to conduct scientific oversight

26 responsibilities pursuant to the Nuclear Waste Policy Act
35

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1 of 1982, (Public Law 97–425) as amended: Provided fur2 ther, That not to exceed $5,887,000 may be provided to af3 fected units of local governments, as defined in Public Law

4 97–425, to conduct appropriate activities pursuant to the

5 Act: Provided further, That the distribution of the funds

6 as determined by the units of local government shall be ap7 proved by the Department of Energy: Provided further,

8 That the funds for the State of Nevada shall be made solely

9 to the Nevada Division of Emergency Management by direct

10 payment and units of local government by direct payment:

11 Provided further, That within 90 days of the completion

12 of each Federal fiscal year, the Nevada Division of Environ13 mental Management and the Governor of the State of Ne14 vada and each local entity shall provide certification to the

15 Department of Energy, that all funds expended from such

16 payments have been expended for activities authorized by

17 Public Law 97–425. Failure to provide such certification

18 shall cause such entity to be prohibited from any further

19 funding provided for similar activities: Provided further,

20 That none of the funds herein appropriated may be: (1)

21 used directly or indirectly to influence legislative action on

22 any matter pending before Congress or a State legislature

23 or for lobbying activity as provided in 18 U.S.C. 1913; (2)

24 used for litigation expenses; or (3) used to support multi25 state efforts or other coalition building activities incon-
36

HR 4733 EAS

1 sistent with the restrictions contained in this Act: Provided

2 further, That all proceeds and recoveries by the Secretary

3 in carrying out activities authorized by the Nuclear Waste

4 Policy Act of 1982 in Public Law 97–425, as amended, in5 cluding but not limited to, any proceeds from the sale of

6 assets, shall be available without further appropriation and

7 shall remain available until expended.

8 DEPARTMENTAL ADMINISTRATION

9 For salaries and expenses of the Department of Energy

10 necessary for departmental administration in carrying out

11 the purposes of the Department of Energy Organization Act

12 (42 U.S.C. 7101 et seq.), including the hire of passenger

13 motor vehicles and official reception and representation ex14 penses (not to exceed $35,000), $210,128,000, to remain

15 available until expended, plus such additional amounts as

16 necessary to cover increases in the estimated amount of cost

17 of work for others notwithstanding the provisions of the

18 Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided,

19 That such increases in cost of work are offset by revenue

20 increases of the same or greater amount, to remain avail21 able until expended: Provided further, That moneys received

22 by the Department for miscellaneous revenues estimated to

23 total $128,762,000 in fiscal year 2001 may be retained and

24 used for operating expenses within this account, and may

25 remain available until expended, as authorized by section

26 201 of Public Law 95–238, notwithstanding the provisions
37

HR 4733 EAS

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

2 appropriated shall be reduced by the amount of miscella3 neous revenues received during fiscal year 2001 so as to

4 result in a final fiscal year 2001 appropriation from the

5 General Fund estimated at not more than $81,366,000.

6 OFFICE OF THE INSPECTOR GENERAL

7 For necessary expenses of the Office of the Inspector

8 General in carrying out the provisions of the Inspector Gen9 eral Act of 1978, as amended, $28,988,000, to remain avail10 able until expended.

11 ATOMIC ENERGY DEFENSE ACTIVITIES

12 NATIONAL NUCLEAR SECURITY ADMINISTRATION

13 WEAPONS ACTIVITIES

14 For Department of Energy expenses, including the

15 purchase, construction and acquisition of plant and capital

16 equipment and other incidental expenses necessary for

17 atomic energy defense weapons activities in carrying out

18 the purposes of the Department of Energy Organization Act

19 (42 U.S.C. 7101 et seq.), including the acquisition or con20 demnation of any real property or any facility or for plant

21 or facility acquisition, construction, or expansion; and the

22 purchase of passenger motor vehicles (not to exceed 12 for

23 replacement only), $4,883,289,000, to remain available

24 until expended.
38

HR 4733 EAS

1 DEFENSE NUCLEAR NONPROLIFERATION

2 For Department of Energy expenses, including the

3 purchase, construction and acquisition of plant and capital

4 equipment and other incidental expenses necessary for

5 atomic energy defense, Defense Nuclear Nonproliferation ac6 tivities, in carrying out the purposes of the Department of

7 Energy Organization Act (42 U.S.C. 7101 et seq.), includ8 ing the acquisition or condemnation of any real property

9 or any facility or for plant or facility acquisition, construc10 tion, or expansion, $908,967,000, to remain available until

11 expended: Provided, That not to exceed $5,000 may be used

12 for official reception and representation expenses for na13 tional security and nonproliferation (including trans14 parency) activities in fiscal year 2001: Provided further,

15 That $2,000,000 shall be provided for equipment acquisi16 tion for the Incorporated Research Institutions for Seis17 mology (IRIS) PASSCAL Instrument Center.

18 NAVAL REACTORS

19 For Department of Energy expenses, including the

20 purchase, construction and acquisition of plant and capital

21 equipment and other incidental expenses necessary for

22 atomic energy defense, Naval Reactor activities, in carrying

23 out the purposes of the Department of Energy Organization

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

25 condemnation of any real property or any facility or for
39

HR 4733 EAS

1 plant or facility acquisition, construction, or expansion,

2 $694,600,000, to remain available until expended.

3 OFFICE OF THE ADMINISTRATOR

4 For necessary expenses of the Office of the Adminis5 trator of the National Nuclear Security Administration, in6 cluding official reception and representation expenses (not

7 to exceed $5,000), $10,000,000, to remain available until

8 expended.

9 OTHER DEFENSE RELATED ACTIVITIES

10 DEFENSE ENVIRONMENTAL RESTORATION AND WASTE

11 MANAGEMENT

12 For Department of Energy expenses, including the

13 purchase, construction and acquisition of plant and capital

14 equipment and other expenses necessary for atomic energy

15 defense environmental restoration and waste management

16 activities in carrying out the purposes of the Department

17 of Energy Organization Act (42 U.S.C. 7101 et seq.), in18 cluding the acquisition or condemnation of any real prop19 erty or any facility or for plant or facility acquisition, con20 struction, or expansion; and the purchase of 67 passenger

21 motor vehicles for replacement only, $4,635,763,000, to re22 main available until expended: Provided, That $3,000,000

23 shall be made available from within the funds provided for

24 Science and Technology to support a program to be man25 aged by the Carlsbad office of the Department of Energy,

26 in coordination with the United States-Mexico Border
40

HR 4733 EAS

1 Health Commission, to apply and demonstrate technologies

2 to reduce hazardous waste streams that threaten public

3 health and environmental security in order to advance the

4 potential for commercialization of technologies relevant to

5 the Department’s clean-up mission: Provided further, That

6 $2,000,000 shall be made available from within the funds

7 provided for Science and Technology to support a program

8 to be managed by the Carlsbad office of the Department of

9 Energy to implement a program to support the Materials

10 Corridor Partnership Initiative.

11 DEFENSE FACILITIES CLOSURE PROJECTS

12 For expenses of the Department of Energy to accelerate

13 the closure of defense environmental management sites, in14 cluding the purchase, construction and acquisition of plant

15 and capital equipment and other necessary expenses,

16 $1,082,297,000, to remain available until expended.

17 DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION

18 For Department of Energy expenses for privatization

19 projects necessary for atomic energy defense environmental

20 management activities authorized by the Department of

21 Energy Organization Act (42 U.S.C. 7101 et seq.),

22 $324,000,000, to remain available until expended.

23 OTHER DEFENSE ACTIVITIES

24 For Department of Energy expenses, including the

25 purchase, construction and acquisition of plant and capital
41

HR 4733 EAS

1 equipment and other expenses necessary for atomic energy

2 defense, other defense activities, in carrying out the pur3 poses of the Department of Energy Organization Act (42

4 U.S.C. 7101 et seq.), including the acquisition or con5 demnation of any real property or any facility or for plant

6 or facility acquisition, construction, or expansion,

7 $579,463,000, to remain available until expended, of which

8 $17,000,000 shall be for the Department of Energy Employ9 ees Compensation Initiative upon enactment of authoriza10 tion legislation into law.

11 DEFENSE NUCLEAR WASTE DISPOSAL

12 For nuclear waste disposal activities to carry out the

13 purposes of Public Law 97–425, as amended, including the

14 acquisition of real property or facility construction or ex15 pansion, $292,000,000, to remain available until expended.

16 POWER MARKETING ADMINISTRATIONS

17 BONNEVILLE POWER ADMINISTRATION FUND

18 Expenditures from the Bonneville Power Administra19 tion Fund, established pursuant to Public Law 93–454, are

20 approved for the Nez Perce Tribe Resident Fish Substi21 tution Program, the Cour D’Alene Tribe Trout Production

22 facility, and for official reception and representation ex23 penses in an amount not to exceed $1,500.

24 During fiscal year 2001, no new direct loan obliga25 tions may be made. Section 511 of the Energy and Water
42

HR 4733 EAS

1 Development Appropriations Act, 1997 (Public Law 104–

2 206), is amended by striking the last sentence and inserting,

3 ‘‘This authority shall expire September 30, 2005.’’.

4 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

5 ADMINISTRATION

6 For necessary expenses of operation and maintenance

7 of power transmission facilities and of marketing electric

8 power and energy, including transmission wheeling and

9 ancillary services, pursuant to the provisions of section 5

10 of the Flood Control Act of 1944 (16 U.S.C. 825s), as ap11 plied to the southeastern power area, $3,900,000, to remain

12 available until expended; in addition, notwithstanding the

13 provisions of 31 U.S.C. 3302, amounts collected by the

14 Southeastern Power Administration pursuant to the Flood

15 Control Act to recover purchase power and wheeling ex16 penses shall be credited to this account as offsetting collec17 tions, to remain available until expended for the sole pur18 pose of making purchase power and wheeling expenditures

19 as follows: for fiscal year 2001, up to $34,463,000; for fiscal

20 year 2002, up to $26,463,000; for fiscal year 2003, up to

21 $20,000,000; and for fiscal year 2004, up to $15,000,000.

22 OPERATION AND MAINTENANCE, SOUTHWESTERN POWER

23 ADMINISTRATION

24 (INCLUDING TRANSFER OF FUNDS)

25 For necessary expenses of operation and maintenance

26 of power transmission facilities and of marketing electric
43

HR 4733 EAS

1 power and energy, and for construction and acquisition of

2 transmission lines, substations and appurtenant facilities,

3 and for administrative expenses, including official recep4 tion and representation expenses in an amount not to ex5 ceed $1,500 in carrying out the provisions of section 5 of

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

7 to the southwestern power area, $28,100,000, to remain

8 available until expended; in addition, notwithstanding the

9 provisions of 31 U.S.C. 3302, not to exceed $4,200,000 in

10 reimbursements, to remain available until expended: Pro11 vided, That amounts collected by the Southwestern Power

12 Administration pursuant to the Flood Control Act to re13 cover purchase power and wheeling expenses shall be cred14 ited to this account as offsetting collections, to remain avail15 able until expended for the sole purpose of making purchase

16 power and wheeling expenditures as follows: for fiscal year

17 2001, up to $288,000; for fiscal year 2002, up to $288,000;

18 for fiscal year 2003, up to $288,000; and for fiscal year

19 2004, up to $288,000.

20 CONSTRUCTION, REHABILITATION, OPERATION AND

21 MAINTENANCE, WESTERN AREA POWER ADMINISTRATION

22 For carrying out the functions authorized by title III,

23 section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.

24 7152), and other related activities including conservation

25 and renewable resources programs as authorized, including

26 official reception and representation expenses in an amount
44

HR 4733 EAS

1 not to exceed $1,500, $164,916,000, to remain available

2 until expended, of which $154,616,000 shall be derived from

3 the Department of the Interior Reclamation Fund: Pro4 vided, That of the amount herein appropriated, $5,950,000

5 is for deposit into the Utah Reclamation Mitigation and

6 Conservation Account pursuant to title IV of the Reclama7 tion Projects Authorization and Adjustment Act of 1992:

8 Provided further, That amounts collected by the Western

9 Area Power Administration pursuant to the Flood Control

10 Act of 1944 and the Reclamation Project Act of 1939 to

11 recover purchase power and wheeling expenses shall be cred12 ited to this account as offsetting collections, to remain avail13 able until expended for the sole purpose of making purchase

14 power and wheeling expenditures as follows: for fiscal year

15 2001, up to $42,500,000; for fiscal year 2002, up to

16 $33,500,000; for fiscal year 2003, up to $30,000,000; and

17 for fiscal year 2004, up to $20,000,000.

18 FALCON AND AMISTAD OPERATING AND MAINTENANCE

19 FUND

20 For operation, maintenance, and emergency costs for

21 the hydroelectric facilities at the Falcon and Amistad

22 Dams, $2,670,000, to remain available until expended, and

23 to be derived from the Falcon and Amistad Operating and

24 Maintenance Fund of the Western Area Power Administra25 tion, as provided in section 423 of the Foreign Relations

26 Authorization Act, Fiscal Years 1994 and 1995.
45

HR 4733 EAS

1 FEDERAL ENERGY REGULATORY COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Energy Regu4 latory Commission to carry out the provisions of the De5 partment of Energy Organization Act (42 U.S.C. 7101 et

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

7 the hire of passenger motor vehicles, and official reception

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

9 $175,200,000, to remain available until expended: Pro10 vided, That notwithstanding any other provision of law, not

11 to exceed $175,200,000 of revenues from fees and annual

12 charges, and other services and collections in fiscal year

13 2001 shall be retained and used for necessary 2001 expenses

14 in this account, and shall remain available until expended:

15 Provided further, That the sum herein appropriated from

16 the General Fund shall be reduced as revenues are received

17 during fiscal year 2001 so as to result in a final fiscal year

18 2001 appropriation from the General Fund estimated at

19 not more than $0.

20 GENERAL PROVISIONS—DEPARTMENT OF

21 ENERGY

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

23 Act for Department of Energy programs may be used to

24 award, amend, or modify a contract in a manner that devi25 ates from the Federal Acquisition Regulation unless, on a
46

HR 4733 EAS

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

2 is granted.

3 (b) The Administrator of the National Nuclear Secu4 rity Administration shall have the exclusive waiver author5 ity for activities under ‘‘Atomic Energy Defense Activities,

6 National Nuclear Security Administration’’ and may not

7 delegate the authority to grant such a waiver. The Secretary

8 of Energy shall have the exclusive waiver authority for all

9 other activities which may not be delegated.

10 (c) At least 60 days before a contract award, amend11 ment, or modification for which the Secretary intends to

12 grant such a waiver as provided for in subsection (b), the

13 Secretary shall submit to the Subcommittees on Energy and

14 Water Development of the Committees on Appropriations

15 of the House of Representatives and the Senate a report no16 tifying the subcommittees of the waiver and setting forth

17 the reasons for the waiver.

18 (d) At least 60 days before a contract award, amend19 ment, or modification for which the Administrator of the

20 National Nuclear Security Administration intends to grant

21 such a waiver as provided in subsection (b), the Adminis22 trator shall submit to the Subcommittees on Energy and

23 Water Development of the Committees on Appropriations

24 of the House of Representatives and the Senate a report no-
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1 tifying the subcommittees of the waiver and setting forth

2 the reasons for the waiver.

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

4 Act under ‘‘Atomic Energy Defense Activities, National Nu5 clear Security Administration’’ may be used to award,

6 amend, or modify a contract in a manner that deviates

7 from the Federal Acquisition Regulation, unless the Admin8 istrator of the National Nuclear Security Administration

9 grants, on a case-by-case basis, a waiver to allow for such

10 a deviation. The Administrator may not delegate the au11 thority to grant such a waiver.

12 (b) At least 60 days before a contract award, amend13 ment, or modification for which the Administrator intends

14 to grant such a waiver, the Administrator shall submit to

15 the Subcommittees on Energy and Water Development of

16 the Committees on Appropriations of the House of Rep17 resentatives and the Senate a report notifying the sub18 committees of the waiver and setting forth the reasons for

19 the waiver.

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

21 may be used to—

22 (1) develop or implement a workforce restruc23 turing plan that covers employees of the Department

24 of Energy; or
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1 (2) provide enhanced severance payments or

2 other benefits for employees of the Department of En3 ergy, under section 3161 of the National Defense Au4 thorization Act for Fiscal Year 1993 (Public Law

5 102–484; 106 Stat. 2644; 42 U.S.C. 7274h).

6 SEC. 304. 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. 305. 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 accounts

16 and thereafter may be accounted for as one fund for the

17 same time period as originally enacted.

18 SEC. 306. Notwithstanding 41 U.S.C. 254c(a), the Sec19 retary of Energy may use funds appropriated by this Act

20 to enter into or continue multi-year contracts for the acqui21 sition of property or services under the head, ‘‘Energy Sup22 ply’’ without obligating the estimated costs associated with

23 any necessary cancellation or termination of the contract.

24 The Secretary of Energy may pay costs of termination or

25 cancellation from—
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1 (1) appropriations originally available for the

2 performance of the contract concerned;

3 (2) appropriations currently available for pro4 curement of the type of property or services concerned,

5 and not otherwise obligated; or

6 (3) funds appropriated for those payments.

7 SEC. 307. Of the funds in this Act provided to govern8 ment-owned, contractor-operated laboratories, up to 8 per9 cent shall be available to be used for Laboratory Directed

10 Research and Development: Provided, That the funds in the

11 Environmental Management programs of the Department

12 of Energy are available for Laboratory Directed Research

13 and Development.

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

15 to the Department of Energy, not more than $200,000,000

16 shall be available for reimbursement of management and

17 operating contractor travel expenses.

18 (b) Funds appropriated by this title to the Department

19 of Energy may be used to reimburse a Department of En20 ergy management and operating contractor for travel costs

21 of its employees under the contract only to the extent that

22 the contractor applies to its employees the same rates and

23 amounts as those that apply to Federal employees under

24 subchapter I of chapter 57 of title 5, United States Code,

25 or rates and amounts established by the Secretary of En-
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1 ergy. The Secretary of Energy may provide exceptions to

2 the reimbursement requirements of this section as the Sec3 retary considers appropriate.

4 (c) The limitation in subsection (a) shall not apply

5 to reimbursement of management and operating contractor

6 travel expenses within the Laboratory Directed Research

7 and Development program.

8 SEC. 309. (a) None of the funds for the National Nu9 clear Security Administration in this Act or any future En10 ergy and Water Development Appropriations Act may be

11 expended after December 31 of each year under a covered

12 contract unless the funds are expended in accordance with

13 a Laboratory Funding Plan for Nuclear Security that has

14 been approved by the Administrator of the National Nuclear

15 Security Administration as part of the overall Laboratory

16 Funding Plan required by section 310(a) of Public Law

17 106–60. At the beginning of each fiscal year, the Adminis18 trator shall issue directions to laboratories under a covered

19 contract for the programs, projects, and activities of the Na20 tional Nuclear Security Administration to be conducted at

21 such laboratories in that fiscal year. The Administrator and

22 the laboratories under a covered contract shall devise a Lab23 oratory Funding Plan for Nuclear Security that identifies

24 the resources needed to carry out these programs, projects,

25 and activities. Funds shall be released to the Laboratories
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1 only after the Secretary has approved the overall Labora2 tory Funding Plan containing the Laboratory Funding

3 Plan for Nuclear Security. The Secretary shall consult with

4 the Administrator on the overall Laboratory Funding Plans

5 for Los Alamos National Laboratory, Lawrence Livermore

6 National Laboratory, and Sandia National Laboratories

7 prior to approving them. The Administrator may provide

8 exceptions to requirements pertaining to a Laboratory

9 Funding Plan for Nuclear Security as the Administrator

10 considers appropriate.

11 (b) For purposes of this section, ‘‘covered contract’’

12 means a contract for the management and operation of the

13 following laboratories: Argonne National Laboratory,

14 Brookhaven National Laboratory, Idaho National Engi15 neering and Environmental Laboratory, Lawrence Berkeley

16 National Laboratory, Lawrence Livermore National Lab17 oratory, Los Alamos National Laboratory, Oak Ridge Na18 tional Laboratory, Pacific Northwest National Laboratory,

19 and Sandia National Laboratories.

20 SEC. 310. None of the funds provided in this Act may

21 be used to establish or maintain independent centers at a

22 Department of Energy laboratory or facility unless such

23 funds have been specifically identified in the budget submis24 sion.
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1 SEC. 311. None of the funds made available in this

2 or any other Act may be used to restart the High Flux

3 Beam Reactor.

4 SEC. 312. None of the funds in this Act may be used

5 to dispose of transuranic waste in the Waste Isolation Pilot

6 Plant which contains concentrations of plutonium in excess

7 of 20 percent by weight for the aggregate of any material

8 category on the date of the enactment of this Act, or is gen9 erated after such date.

10 SEC. 313. TERM OF OFFICE OF PERSON FIRST AP11 POINTED AS UNDER SECRETARY FOR NUCLEAR SECURITY

12 OF THE DEPARTMENT OF ENERGY. (a) LENGTH OF

13 TERM.—The term of office as Under Secretary for Nuclear

14 Security of the Department of Energy of the first person

15 appointed to that position shall be three years.

16 (b) EXCLUSIVE REASONS FOR REMOVAL.—The exclu17 sive reasons for removal from office as Under Secretary for

18 Nuclear Security of the person described in subsection (a)

19 shall be inefficiency, neglect of duty, or malfeasance in of20 fice.

21 (c) POSITION DESCRIBED.—The position of Under

22 Secretary for Nuclear Security of the Department of Energy

23 referred to in this section is the position established by sub24 section (c) of section 202 of the Department of Energy Orga25 nization Act (42 U.S.C. 7132), as added by section 3202
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1 of the National Nuclear Security Administration Act (title

2 XXXII of Public Law 106–65; 113 Stat. 954)).

3 SEC. 314. SCOPE OF AUTHORITY OF SECRETARY OF

4 ENERGY TO MODIFY ORGANIZATION OF NATIONAL NU5 CLEAR SECURITY ADMINISTRATION. (a) SCOPE OF AUTHOR6 ITY.—Subtitle A of the National Nuclear Security Adminis7 tration Act (title XXXII of Public Law 106–65; 113 Stat.

8 957; 50 U.S.C. 2401 et seq.) is amended by adding at the

9 end the following new section:

10 ‘‘SEC. 3219. SCOPE OF AUTHORITY OF SECRETARY OF EN11 ERGY TO MODIFY ORGANIZATION OF ADMIN12 ISTRATION.

13 ‘‘Notwithstanding the authority granted by section 643

14 of the Department of Energy Organization Act (42 U.S.C.

15 7253) or any other provision of law, the Secretary of En16 ergy may not establish, abolish, alter, consolidate, or dis17 continue any organizational unit or component, or transfer

18 any function, of the Administration, except as authorized

19 by subsection (b) or (c) of section 3291.’’.

20 (b) CONFORMING AMENDMENTS.—Section 643 of the

21 Department of Energy Organization Act (42 U.S.C. 7253)

22 is amended—

23 (1) by striking ‘‘The Secretary’’ and inserting

24 ‘‘(a) Subject to subsection (b), the Secretary’’; and
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1 (2) by adding at the end the following new sub2 section:

3 ‘‘(b) The authority of the Secretary to establish, abol4 ish, alter, consolidate, or discontinue any organizational

5 unit or component of the National Nuclear Security Admin6 istration is governed by the provisions of section 3219 of

7 the National Nuclear Security Administration Act (title

8 XXXII of Public Law 106–65).’’.

9 SEC. 315. PROHIBITION ON PAY OF PERSONNEL EN10 GAGED IN CONCURRENT SERVICE OR DUTIES INSIDE AND

11 OUTSIDE NATIONAL NUCLEAR SECURITY ADMINISTRATION.

12 Subtitle C of the National Nuclear Security Administration

13 Act (title XXXII of Public Law 106–65; 50 U.S.C. 2441

14 et seq.) is amended by adding at the end the following new

15 section:

16 ‘‘SEC. 3245. PROHIBITION ON PAY OF PERSONNEL ENGAGED

17 IN CONCURRENT SERVICE OR DUTIES INSIDE

18 AND OUTSIDE ADMINISTRATION.

19 ‘‘(a) Except as otherwise expressly provided by statute,

20 no funds authorized to be appropriated or otherwise made

21 available for the Department of Energy may be obligated

22 or utilized to pay the basic pay of an officer or employee

23 of the Department of Energy who—
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1 ‘‘(1) serves concurrently in a position in the Ad2 ministration and a position outside the Administra3 tion; or

4 ‘‘(2) performs concurrently the duties of a posi5 tion in the Administration and the duties of a posi6 tion outside the Administration.’’

7 ‘‘(b) The provision of this section shall take effect 60

8 days after the date of enactment of this section.’’.

9 SEC. 316. The Administrator of the National Nuclear

10 Security Administration may authorize the plant manager

11 of a covered nuclear weapons production plant to engage

12 in research, development, and demonstration activities with

13 respect to the engineering and manufacturing capabilities

14 at such plant in order to maintain and enhance such capa15 bilities at such plant: Provided, That of the amount allo16 cated to a covered nuclear weapons production plant each

17 fiscal year from amounts available to the Department of

18 Energy for such fiscal year for national security programs,

19 not more than an amount equal to 2 percent of such amount

20 may be used for these activities: Provided further, That for

21 purposes of this section, the term ‘‘covered nuclear weapons

22 production plant’’ means the following:

23 (1) The Kansas City Plant, Kansas City, Mis24 souri.

25 (2) The Y–12 Plant, Oak Ridge, Tennessee.
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HR 4733 EAS

1 (3) The Pantex Plant, Amarillo, Texas.

2 SEC. 317. LIMITING THE INCLUSION OF COSTS OF

3 PROTECTION OF, MITIGATION OF DAMAGE TO, AND EN4 HANCEMENT OF FISH AND WILDLIFE, WITHIN RATES

5 CHARGED BY THE BONNEVILLE POWER ADMINISTRATION,

6 TO THE RATE PERIOD IN WHICH THE COSTS ARE IN7 CURRED. Section 7 of the Pacific Northwest Electric Power

8 Planning and Conservation Act (16 U.S.C. 839e) is amend9 ed by adding at the end the following:

10 ‘‘(n) LIMITING THE INCLUSION OF COSTS OF PROTEC11 TION OF, MITIGATION OF DAMAGE TO, AND ENHANCEMENT

12 OF FISH AND WILDLIFE, WITHIN RATES CHARGED BY THE

13 BONNEVILLE POWER ADMINISTRATION, TO THE RATE PE14 RIOD IN WHICH THE COSTS ARE INCURRED.—Notwith15 standing any other provision of this section, rates estab16 lished by the Administrator, under this section shall recover

17 costs for protection, mitigation and enhancement of fish and

18 wildlife, whether under the Pacific Northwest Electric

19 Power Planning and Conservation Act or any other Act,

20 not to exceed such amounts the Administrator forecasts will

21 be expended during the fiscal year 2002–2006 rate period,

22 while preserving the Administrator’s ability to establish ap23 propriate reserves and maintain a high Treasury payment

24 probability for the subsequent rate period.’’.
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1 SEC. 318. Notwithstanding any other law, and without

2 fiscal year limitation, each Federal Power Marketing Ad3 ministration is authorized to engage in activities and so4 licit, undertake and review studies and proposals relating

5 to the formation and operation of a regional transmission

6 organization.

7 SEC. 319. (a) LIMITATION ON TOTAL COST OF CON8 STRUCTION OF NATIONAL IGNITION FACILITY.—Notwith9 standing any other provision of law, the total amount that

10 may be expended for purposes of construction of the Na11 tional Ignition Facility, including conceptual and con12 struction design associated with the Facility, may not ex13 ceed $74,100,000.

14 (b) INDEPENDENT REVIEW OF NATIONAL IGNITION FA15 CILITY.—(1) The Administrator of the National Nuclear Se16 curity Administration shall provide for an independent re17 view of the National Ignition Facility and the Inertial Con18 finement Fusion Program. The review shall be conducted

19 by the National Academy of Sciences.

20 (2) The review under paragraph (1) shall address the

21 following:

22 (A) Whether or not the National Ignition Facil23 ity is required in order to maintain the safety and

24 reliability of the current nuclear weapons stockpile.
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1 (B) Whether or not alternatives to the National

2 Ignition Facility could achieve the objective of main3 taining the safety and reliability of the current nu4 clear weapons stockpile.

5 (C) Any current technical problems with the Na6 tional Ignition Facility, including the effects of such

7 problems on the cost, schedule, or likely success of the

8 National Ignition Facility project.

9 (D) The likely cost of the construction of the Na10 tional Ignition facility, including any conceptual and

11 construction design and manufacture associated with

12 construction of the Facility.

13 (E) The potential effects of cost overruns in the

14 construction of the National Ignition Facility on the

15 stockpile stewardship program.

16 (F) The cost and advisability of scaling back the

17 number of proposed beamlines at the National Igni18 tion Facility.

19 (3) Not later than September 1, 2001, the Adminis20 trator shall submit to Congress a report on the review con21 ducted under this subsection. The report shall include the

22 results of the review and such comments and recommenda23 tions regarding the results of the review as the Adminis24 trator considers appropriate.
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1 SEC. 320. (a) FINDING.—Congress finds that the De2 partment of Energy is seeking innovative technologies for

3 the demilitarization of weapons components and the treat4 ment of mixed waste resulting from the demilitarization of

5 such components.

6 (b) EVALUATION OF ADAMS PROCESS.—The Secretary

7 of Energy shall conduct an evaluation of the so-called

8 ‘‘Adams process’’ currently being tested by the Department

9 of Energy at its Diagnostic Instrumentation and Analysis

10 Laboratory using funds of the Department of Defense.

11 (c) REPORT.—Not later than September 30, 2001, the

12 Secretary of Energy shall submit to Congress a report on

13 the evaluation conducted under subsection (b).

14 SEC. 321. REPORT ON NATIONAL ENERGY POLICY. (a)

15 FINDINGS.—Congress finds that—

16 (1) since July 1999—

17 (A) diesel prices have increased nearly 40

18 percent;

19 (B) liquid petroleum prices have increased

20 approximately 55 percent; and

21 (C) gasoline prices have increased approxi22 mately 50 percent;

23 (2)(A) natural gas is the heating fuel for most

24 homes and commercial buildings; and
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1 (B) the price of natural gas increased 7.8 percent

2 during June 2000 and has doubled since 1999;

3 (3) strong demand for gasoline and diesel fuel

4 has resulted in inventories of home heating oil that

5 are down 39 percent from a year ago;

6 (4) rising oil and natural gas prices are a sig7 nificant factor in the 0.6 percent increase in the Con8 sumer Price Index for June 2000 and the 3.7 percent

9 increase over the past 12 months;

10 (5) demand for diesel fuel, liquid petroleum, and

11 gasoline has continued to increase while supplies have

12 decreased;

13 (6) the current energy crisis facing the United

14 States has had and will continue to have a detri15 mental impact on the economy;

16 (7) the price of energy greatly affects the input

17 costs of farmers, truckers, and small businesses; and

18 (8) on July 21, 2000, in testimony before the

19 Committee on Agriculture, Nutrition, and Forestry of

20 the Senate, the Secretary of Energy stated that the

21 Administration had developed and was in the process

22 of finalizing a plan to address potential home heating

23 oil and natural gas shortages.

24 (b) REPORT.—Not later than September 30, 2000, the

25 Secretary of Energy shall submit to Congress a report de-
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1 tailing the Department of Energy’s plan to address the high

2 cost of home heating oil and natural gas.

3 SEC. 322. (a) FINDINGS.—The Senate makes the fol4 lowing findings:

5 (1) The closure or downsizing of a Department

6 of Energy facility can have serious economic impacts

7 on communities that have been built around and in

8 support of the facility.

9 (2) To mitigate the devastating impacts of the

10 closure of Department of Energy facilities on sur11 rounding communities, section 3161 of the National

12 Defense Authorization Act for Fiscal Year 1993 (42

13 U.S.C. 7274h) provides a mechanism for the provi14 sion of financial assistance to such communities for

15 redevelopment and to assist employees of such facili16 ties in transferring to other employment.

17 (3) Limitations on the capacity of the Depart18 ment of Energy to seek reprogramming of funds for

19 worker and community assistance programs in re20 sponse to the closure or downsizing of Department fa21 cilities undermines the capability of the Department

22 to respond appropriately to unforeseen contingencies.

23 (b) SENSE OF SENATE.—It is the sense of the Senate

24 that, in agreeing to the conference report to accompany the

25 bill H.R. 4733 of the 106th Congress, the conferees on the
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1 part of the Senate should not recede to provisions or lan2 guage proposed by the House of Representatives that would

3 limit the capacity of the Department of Energy to augment

4 funds available for worker and community assistance

5 grants under section 3161 of the National Defense Author6 ization for Fiscal Year 1993 or under the provisions of the

7 USEC Privatization Act (subchapter A of chapter 1 of title

8 III of Public Law 104–134; 42 U.S.C. 2297h et seq.).

9 SEC. 323. REPORT ON IMPACTS OF A STATE-IMPOSED

10 LIMIT ON THE QUANTITY OF SPENT NUCLEAR FUEL THAT

11 MAY BE STORED ONSITE. (a) SECRETARY OF ENERGY.—

12 Not later than 90 days after the date of enactment of this

13 Act, the Secretary of Energy shall submit to Congress a re14 port containing a description of all alternatives that are

15 available to the Northern States Power Company and the

16 Federal Government to allow the Company to continue to

17 operate the Prairie Island Nuclear Generating Plant until

18 the end of the term of the license issued to the Company

19 by the Nuclear Regulatory Commission, in view of a law

20 of the State of Minnesota that limits the quantity of spent

21 nuclear fuel that may be stored at the Plant, assuming that

22 existing Federal and State laws remain unchanged.

23 SEC. 324. LIMITATION ON USE OF FUNDS TO PRO24 MOTE OR ADVERTISE PUBLIC TOURS. (a) IN GENERAL.—

25 Notwithstanding any other provision of law, no funds made
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1 available under this title shall be used to promote or adver2 tise any public tour of the Yucca Mountain facility of the

3 Department of Energy.

4 (b) APPLICABILITY.—Subsection (a) does not apply to

5 a public notice that is required by statute or regulation.

6 TITLE IV

7 INDEPENDENT AGENCIES

8 APPALACHIAN REGIONAL COMMISSION

9 For expenses necessary to carry out the programs au10 thorized by the Appalachian Regional Development Act of

11 1965, as amended, for necessary expenses for the Federal

12 Co-Chairman and the alternate on the Appalachian Re13 gional Commission, for payment of the Federal share of the

14 administrative expenses of the Commission, including serv15 ices as authorized by 5 U.S.C. 3109, and hire of passenger

16 motor vehicles, $66,400,000, to remain available until ex17 pended.

18 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

19 SALARIES AND EXPENSES

20 For necessary expenses of the Defense Nuclear Facili21 ties Safety Board in carrying out activities authorized by

22 the Atomic Energy Act of 1954, as amended by Public Law

23 100–456, section 1441, $18,500,000, to remain available

24 until expended.
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1 DELTA REGIONAL AUTHORITY

2 SALARIES AND EXPENSES

3 For necessary expenses to establish the Delta Regional

4 Authority and to carry out its activities, $20,000,000, to

5 remain available until expended, subject to enactment of

6 authorization by law.

7 DENALI COMMISSION

8 For expenses of the Denali Commission including the

9 purchase, construction and acquisition of plant and capital

10 equipment as necessary and other expenses, $30,000,000, to

11 remain available until expended.

12 NUCLEAR REGULATORY COMMISSION

13 SALARIES AND EXPENSES

14 For necessary expenses of the Commission in carrying

15 out the purposes of the Energy Reorganization Act of 1974,

16 as amended, and the Atomic Energy Act of 1954, as amend17 ed, including official representation expenses (not to exceed

18 $15,000), $481,900,000, to remain available until expended:

19 Provided, That of the amount appropriated herein,

20 $21,600,000 shall be derived from the Nuclear Waste Fund:

21 Provided further, That revenues from licensing fees, inspec22 tion services, and other services and collections estimated

23 at $457,100,000 in fiscal year 2001 shall be retained and

24 used for necessary salaries and expenses in this account,

25 notwithstanding 31 U.S.C. 3302, and shall remain avail-
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HR 4733 EAS

1 able until expended: Provided further, That $3,200,000 of

2 the funds herein appropriated for regulatory reviews and

3 assistance to other Federal agencies and States shall be ex4 cluded from license fee revenues, notwithstanding 42 U.S.C.

5 2214: Provided further, That the sum herein appropriated

6 shall be reduced by the amount of revenues received during

7 fiscal year 2001 so as to result in a final fiscal year 2001

8 appropriation estimated at not more than $24,800,000.

9 OFFICE OF INSPECTOR GENERAL

10 (INCLUDING TRANSFER OF FUNDS)

11 For necessary expenses of the Office of Inspector Gen12 eral in carrying out the provisions of the Inspector General

13 Act of 1978, as amended, $5,500,000, to remain available

14 until expended: Provided, That revenues from licensing fees,

15 inspection services, and other services and collections esti16 mated at $5,500,000 in fiscal year 2001 shall be retained

17 and be available until expended, for necessary salaries and

18 expenses in this account: Provided further, That the sum

19 herein appropriated shall be reduced by the amount of reve20 nues received during fiscal year 2001 so as to result in a

21 final fiscal year 2001 appropriation estimated at not more

22 than $0.
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1 NUCLEAR WASTE TECHNICAL REVIEW BOARD

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses of the Nuclear Waste Technical

5 Review Board, as authorized by Public Law 100–203, sec6 tion 5051, $3,000,000, to be derived from the Nuclear Waste

7 Fund, and to remain available until expended.

8 GENERAL PROVISIONS—INDEPENDENT

9 AGENCIES

10 SEC. 401. PRESIDENTIAL ENERGY COMMISSION. (a)

11 FINDINGS.—Congress finds that—

12 (1) crude oil and natural gas account for two13 thirds of America’s energy consumption;

14 (2) in May 2000, United States natural gas

15 stocks totaled 1,450 billion cubic feet, 36 percent below

16 the normal natural gas inventory of 2,281 billion

17 cubic feet;

18 (3) in July 2000, United States crude oil inven19 tories totaled 298,000,000 barrels, 11 percent below

20 the 24-year average of 334,000,000 barrels;

21 (4) in June 2000, distillate fuel (heating oil and

22 diesel fuel) inventories totaled 103,700,000 barrels, 26

23 percent below the 24-year average of 140,000,000 bar24 rels;

25 (5) combined shortages in inventories of natural

26 gas, crude oil, and distillate stocks, coupled with
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1 steady or increased demand, could cause supply and

2 price shocks that would likely have a severe impact on

3 consumers and the economy; and

4 (6) energy supply is a critical national security

5 issue.

6 (b) PRESIDENTIAL ENERGY COMMISSION.—

7 (1) ESTABLISHMENT.—

8 (A) IN GENERAL.—The President shall es9 tablish, from among a group of not fewer than

10 30 persons recommended jointly by the Speaker

11 and Minority Leader of the House of Representa12 tives and the Majority Leader and Minority

13 Leader of the Senate, a Presidential Energy

14 Commission (referred to in this section as the

15 ‘‘Commission’’), which shall consist of between

16 15 and 21 representatives from among the fol17 lowing categories:

18 (i) Oil and natural gas producing

19 States.

20 (ii) States with no oil or natural gas

21 production.

22 (iii) Oil and natural gas industries.

23 (iv) Consumer groups focused on en24 ergy issues.

25 (v) Environmental groups.
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1 (vi) Experts and analysts familiar

2 with the supply and demand characteristics

3 of all energy sectors.

4 (vii) The Energy Information Admin5 istration.

6 (B) TIMING.—The appointments of the

7 members of the Commission shall be made not

8 later than 30 days after the date of enactment of

9 this Act.

10 (C) PERIOD OF APPOINTMENT.—Members

11 shall be appointed for the life of the Commission.

12 Any vacancy in the Commission shall not affect

13 its powers, but shall be filled in the same man14 ner as the original appointment.

15 (D) CHAIRPERSON.—The members of the

16 Commission shall appoint 1 of the members to

17 serve as Chairperson of the Commission.

18 (E) INITIAL MEETING.—Not later than 30

19 days after the date on which all members of the

20 Commission have been appointed, the Commis21 sion shall hold its first meeting.

22 (F) MEETINGS.—The Commission shall

23 meet at the call of the Chairperson.

24 (2) DUTIES.—

25 (A) IN GENERAL.—The Commission shall—
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HR 4733 EAS

1 (i) conduct a study, focusing primarily

2 on the oil and natural gas industries, of—

3 (I) the status of inventories of

4 natural gas, crude oil, and distillate

5 fuel in the United States, including

6 trends and projections for those inven7 tories;

8 (II) the causes for and con9 sequences of energy supply disruptions

10 and energy product shortages nation11 wide and in particular regions;

12 (III) ways in which the United

13 States can become less dependent on

14 foreign oil supplies;

15 (IV) ways in which the United

16 States can better manage and utilize

17 its domestic energy resources;

18 (V) ways in which alternative en19 ergy supplies can be used to reduce de20 mand on traditional energy sectors;

21 (VI) ways in which the United

22 States can reduce energy consumption;

23 (VII) the status of, problems with,

24 and ways to improve—
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HR 4733 EAS

1 (aa) transportation and de2 livery systems of energy resources

3 to locations throughout the United

4 States;

5 (bb) refinery capacity and

6 utilization in the United States;

7 and

8 (cc) natural gas, crude oil,

9 distillate fuel, and other energy10 related petroleum product storage

11 in the United States; and

12 (VIII) any other energy-related

13 topic that the Commission considers

14 pertinent; and

15 (ii) not later than 180 days after the

16 date of enactment of this Act, submit to the

17 President and Congress a report that

18 contains—

19 (I) a detailed statement of the

20 findings and conclusions of the Com21 mission; and

22 (II) the recommendations of the

23 Commission for such legislation and

24 administrative actions as the Commis25 sion considers appropriate.
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1 (B) TIME PERIOD.—The findings made,

2 analyses conducted, conclusions reached, and rec3 ommendations developed by the Commission in

4 connection with the study under subparagraph

5 (A) shall cover a period extending 10 years be6 yond the date of the report.

7 (c) USE OF FUNDS.—The Secretary of Energy shall

8 use $500,000 of funds appropriated to the Department of

9 Energy to fund the Commission.

10 (d) TERMINATION OF COMMISSION.—The Commission

11 shall terminate on the date that is 90 days after the date

12 on which the Commission submits its report under sub13 section (b)(2)(A)(ii).

14 TITLE V

15 FISCAL YEAR 2000 SUPPLEMENTAL

16 APPROPRIATIONS

17 DEPARTMENT OF ENERGY

18 ATOMIC ENERGY DEFENSE ACTIVITIES

19 CERRO GRANDE FIRE ACTIVITIES

20 For necessary expenses for fiscal year 2000 to reme21 diate damaged Department of Energy facilities and for

22 other expenses associated with the Cerro Grande fire,

23 $203,460,000, to remain available until expended and to

24 become available upon enactment, of which $2,000,000 shall

25 be made available to the United States Army Corps of Engi-
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1 neers to undertake immediate measures to provide erosion

2 control and sediment protection to sewage lines, trails, and

3 bridges in Pueblo and Los Alamos Canyons downstream of

4 Diamond Drive in New Mexico: Provided, That the entire

5 amount shall be available only to the extent an official

6 budget request for $204,000,000, that includes designation

7 of the entire amount of the request as an emergency require8 ment as defined in the Balanced Budget and Emergency

9 Deficit Control Act of 1985, as amended, is transmitted by

10 the President to the Congress: Provided further, That the

11 entire amount is designated by the Congress as an emer12 gency requirement pursuant to section 251(b)(2)(A) of the

13 Balanced Budget and Emergency Deficit Control Act of

14 1985, as amended.

15 TITLE VI

16 RESCISSION

17 DEPARTMENT OF ENERGY

18 DEFENSE NUCLEAR WASTE DISPOSAL

19 (RESCISSION)

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

21 interim storage of nuclear waste, $85,000,000 are trans22 ferred to this heading and are hereby rescinded.
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1 TITLE VII

2 GENERAL PROVISIONS

3 SEC. 701. None of the funds appropriated by this Act

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

5 congressional action on any legislation or appropriation

6 matters pending before Congress, other than to commu7 nicate to Members of Congress as described in section 1913

8 of title 18, United States Code.

9 SEC. 702. (a) PURCHASE OF AMERICAN-MADE EQUIP10 MENT AND PRODUCTS.—It is the sense of the Congress that,

11 to the greatest extent practicable, all equipment and prod12 ucts purchased with funds made available in this Act should

13 be American-made.

14 (b) NOTICE REQUIREMENT.—In providing financial

15 assistance to, or entering into any contract with, any entity

16 using funds made available in this Act, the head of each

17 Federal agency, to the greatest extent practicable, shall pro18 vide to such entity a notice describing the statement made

19 in subsection (a) by the Congress.

20 (c) PROHIBITION OF CONTRACTS WITH PERSONS

21 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

22 If it has been finally determined by a court or Federal agen23 cy that any person intentionally affixed a label bearing a

24 ‘‘Made in America’’ inscription, or any inscription with

25 the same meaning, to any product sold in or shipped to
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1 the United States that is not made in the United States,

2 the person shall be ineligible to receive any contract or sub3 contract made with funds made available in this Act, pur4 suant to the debarment, suspension, and ineligibility proce5 dures described in sections 9.400 through 9.409 of title 48,

6 Code of Federal Regulations.

7 SEC. 703. (a) None of the funds appropriated or other8 wise made available by this Act may be used to determine

9 the final point of discharge for the interceptor drain for

10 the San Luis Unit until development by the Secretary of

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

12 shall conform to the water quality standards of the State

13 of California as approved by the Administrator of the Envi14 ronmental Protection Agency, to minimize any detrimental

15 effect of the San Luis drainage waters.

16 (b) The costs of the Kesterson Reservoir Cleanup Pro17 gram and the costs of the San Joaquin Valley Drainage

18 Program shall be classified by the Secretary of the Interior

19 as reimbursable or nonreimbursable and collected until fully

20 repaid pursuant to the ‘‘Cleanup Program—Alternative

21 Repayment Plan’’ and the ‘‘SJVDP—Alternative Repay22 ment Plan’’ described in the report entitled ‘‘Repayment

23 Report, Kesterson Reservoir Cleanup Program and San

24 Joaquin Valley Drainage Program, February 1995’’, pre25 pared by the Department of the Interior, Bureau of Rec-
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1 lamation. Any future obligations of funds by the United

2 States relating to, or providing for, drainage service or

3 drainage studies for the San Luis Unit shall be fully reim4 bursable by San Luis Unit beneficiaries of such service or

5 studies pursuant to Federal Reclamation law.

6 SEC. 704. Section 6101(a)(3) of the Omnibus Budget

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

8 2214(a)(3)) and Public Law 106–60 (113 Stat. 501), is fur9 ther amended by striking ‘‘September 30, 2000’’ and insert10 ing ‘‘September 30, 2001’’.

11 SEC. 705. None of the funds appropriated by this Act

12 shall be used to propose or issue rules, regulations, decrees,

13 or orders for the purpose of implementation, or in prepara14 tion for implementation, of the Kyoto Protocol which was

15 adopted on December 11, 1997, in Kyoto, Japan at the

16 Third Conference of the Parties to the United Nations

17 Framework Convention on Climate Change, which has not

18 been submitted to the Senate for advice and consent to rati19 fication pursuant to article II, section 2, clause 2, of the

20 United States Constitution, and which has not entered into

21 force pursuant to article 25 of the Protocol.

22 SEC. 706. (a) Sections 5105, 5106 and 5109 of Divi23 sion B of an Act making appropriations for military con24 struction, family housing, and base realignment and closure

25 for the Department of Defense for the fiscal year ending
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1 September 30, 2001, and for other purposes (Public Law

2 106–246), are repealed.

3 (b) Subsection (a) shall take effect on the date of enact4 ment of this Act.

5 SEC. 707. SALE OF MINERAL RIGHTS BY THE TEN6 NESSEE VALLEY AUTHORITY. The Tennessee Valley Author7 ity shall not proceed with the proposed sale of approxi8 mately 40,000 acres of mineral rights in land within the

9 Daniel Boone National Forest, Kentucky, until after the

10 Tennessee Valley Authority completes an environmental im11 pact statement under the National Environmental Policy

12 Act of 1969 (42 U.S.C. 4321 et seq.).

13 SEC. 708. REPORT TO CONGRESS ON ELECTRICITY

14 PRICES. (a) FINDINGS.—Congress finds that—

15 (1) California is currently experiencing an en16 ergy crisis;

17 (2) rolling power outages are a serious possi18 bility;

19 (3) wholesale electricity prices have soared, re20 sulting in electrical bills that have increased as much

21 as 300 percent in the San Diego area;

22 (4) small business owners and people on small or

23 fixed incomes, especially senior citizens, are particu24 larly suffering;
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1 (5) the crisis is so severe that the County of San

2 Diego recently declared a financial state of emer3 gency; and

4 (6) the staff of the Federal Energy Regulatory

5 Commission (referred to in this section as the ‘‘Com6 mission’’) is currently investigating the crisis and is

7 compiling a report to be presented to the Commission

8 not later than November 1, 2000.

9 (b) REPORT.—

10 (1) IN GENERAL.—The Commission shall—

11 (A) continue the investigation into the cause

12 of the summer price spike described in subsection

13 (a); and

14 (B) not later than December 1, 2000, sub15 mit to Congress a report on the results of the in16 vestigation.

17 (2) CONTENTS.—The report shall include—

18 (A) data obtained from a hearing held by

19 the Commission in San Diego;

20 (B) identification of the causes of the San

21 Diego price increases;

22 (C) a determination whether California

23 wholesale electricity markets are competitive;

24 (D) a recommendation whether a regional

25 price cap should be set in the Western States;
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1 (E) a determination whether manipulation

2 of prices has occurred at the wholesale level; and

3 (F) a determination of the remedies, includ4 ing legislation or regulations, that are necessary

5 to correct the problem and prevent similar inci6 dents in California or anywhere else in the

7 United States.

8 SEC. 709. FUNDING OF THE COASTAL WETLANDS

9 PLANNING, PROTECTION AND RESTORATION ACT. Section

10 4(a) of the Act of August 9, 1950 (16 U.S.C. 777c(a)), is

11 amended in the second sentence by striking ‘‘2000’’ and in12 serting ‘‘2009’’.

13 SEC. 710. REDESIGNATION OF INTERSTATE SANITA14 TION COMMISSION AND DISTRICT. (a) INTERSTATE SANITA15 TION COMMISSION.—

16 (1) IN GENERAL.—The district known as the

17 ‘‘Interstate Sanitation Commission’’, established by

18 article III of the Tri-State Compact described in the

19 Resolution entitled, ‘‘A Joint Resolution granting the

20 consent of Congress to the States of New York, New

21 Jersey, and Connecticut to enter into a compact for

22 the creation of the Interstate Sanitation District and

23 the establishment of the Interstate Sanitation Com24 mission’’, approved August 27, 1935 (49 Stat. 933),
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1 is redesignated as the ‘‘Interstate Environmental

2 Commission’’.

3 (2) REFERENCES.—Any reference in a law, regu4 lation, map, document, paper, or other record of the

5 United States to the Interstate Sanitation Commis6 sion shall be deemed to be a reference to the Interstate

7 Environmental Commission.

8 (b) INTERSTATE SANITATION DISTRICT.—

9 (1) IN GENERAL.—The district known as the

10 ‘‘Interstate Sanitation District’’, established by article

11 II of the Tri-State Compact described in the Resolu12 tion entitled, ‘‘A Joint Resolution granting the con13 sent of Congress to the States of New York, New Jer14 sey, and Connecticut to enter into a compact for the

15 creation of the Interstate Sanitation District and the

16 establishment of the Interstate Sanitation Commis17 sion’’, approved August 27, 1935 (49 Stat. 932), is re18 designated as the ‘‘Interstate Environmental Dis19 trict’’.

20 (2) REFERENCES.—Any reference in a law, regu21 lation, map, document, paper, or other record of the

22 United States to the Interstate Sanitation District

23 shall be deemed to be a reference to the Interstate En24 vironmental District.
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1 TITLE VIII

2 DEPARTMENT OF THE TREASURY

3 BUREAU OF THE PUBLIC DEBT

4 SUPPLEMENTAL APPROPRIATION FOR FISCAL YEAR 2001

5 GIFTS TO THE UNITED STATES FOR REDUCTION OF THE

6 PUBLIC DEBT

7 For deposit of an additional amount for fiscal year

8 2001 into the account established under section 3113(d) of

9 title 31, United States Code, to reduce the public debt,

10 $5,000,000,000.

11 TITLE IX—NUCLEAR

12 REGULATORY COMMISSION

13 Subtitle A—Funding

14 SEC. 901. NUCLEAR REGULATORY COMMISSION ANNUAL

15 CHARGES.

16 Section 6101 of the Omnibus Budget Reconciliation

17 Act of 1990 (42 U.S.C. 2214) is amended—

18 (1) in subsection (a)(3), by striking ‘‘September

19 30, 1999’’ and inserting ‘‘September 20, 2005’’; and

20 (2) in subsection (c)—

21 (A) in paragraph (1), by inserting ‘‘or cer22 tificate holder’’ after ‘‘licensee’’; and

23 (B) by striking paragraph (2) and inserting

24 the following:

25 ‘‘(2) AGGREGATE AMOUNT OF CHARGES.—
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1 ‘‘(A) IN GENERAL.—The aggregate amount

2 of the annual charges collected from all licensees

3 and certificate holders in a fiscal year shall

4 equal an amount that approximates the percent5 ages of the budget authority of the Commission

6 for the fiscal year stated in subparagraph (B),

7 less—

8 ‘‘(i) amounts collected under subsection

9 (b) during the fiscal year; and

10 ‘‘(ii) amounts appropriated to the

11 Commission from the Nuclear Waste Fund

12 for the fiscal year.

13 ‘‘(B) PERCENTAGES.—The percentages re14 ferred to in subparagraph (A) are—

15 ‘‘(i) 98 percent for fiscal year 2002;

16 ‘‘(ii) 96 percent for fiscal year 2003;

17 ‘‘(iii) 94 percent for fiscal year 2004;

18 ‘‘(iv) 92 percent for fiscal year 2005;

19 and

20 ‘‘(v) 88 percent for fiscal year 2006.’’.

21 SEC. 902. NUCLEAR REGULATORY COMMISSION AUTHORITY

22 OVER FORMER LICENSEES FOR DECOMMIS23 SIONING FUNDING.

24 Section 161i. of the Atomic Energy Act of 1954 (42

25 U.S.C. 2201(i)) is amended—
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1 (1) by striking ‘‘and (3)’’ and inserting ‘‘(3)’’;

2 and

3 (2) by inserting before the semicolon at the end

4 the following: ‘‘, and (4) to ensure that sufficient

5 funds will be available for the decommissioning of

6 any production or utilization facility licensed under

7 section 103 or 104b., including standards and restric8 tions governing the control, maintenance, use, and

9 disbursement by any former licensee under this Act

10 that has control over any fund for the decommis11 sioning of the facility’’.

12 SEC. 903. COST RECOVERY FROM GOVERNMENT AGENCIES.

13 Section 161w. of the Atomic Energy Act of 1954 (42

14 U.S.C. 2201(w)) is amended—

15 (1) by striking ‘‘, or which operates any facility

16 regulated or certified under section 1701 or 1702,’’;

17 (2) by striking ‘‘483a’’ and inserting ‘‘9701’’;

18 and

19 (3) by inserting before the period at the end the

20 following: ‘‘, and, commencing October 1, 2000, pre21 scribe and collect from any other Government agency

22 any fee, charge, or price that the Commission may re23 quire in accordance with section 9701 of title 31,

24 United States Code, or any other law’’.
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1 Subtitle B—Other Provisions

2 SEC. 911. OFFICE LOCATION.

3 Section 23 of the Atomic Energy Act of 1954 (42

4 U.S.C. 2033) is amended by striking ‘‘; however, the Com5 mission shall maintain an office for the service of process

6 and papers within the District of Columbia’’.

7 SEC. 912. LICENSE PERIOD.

8 Section 103c. of the Atomic Energy Act of 1954 (42

9 U.S.C. 2133(c)) is amended—

10 (1) by striking ‘‘c. Each such’’ and inserting the

11 following:

12 ‘‘c. LICENSE PERIOD.—

13 ‘‘(1) IN GENERAL.—Each such’’; and

14 (2) by adding at the end the following:

15 ‘‘(2) COMBINED LICENSES.—In the case of a

16 combined construction and operating license issued

17 under section 185(b), the initial duration of the li18 cense may not exceed 40 years from the date on which

19 the Commission finds, before operation of the facility,

20 that the acceptance criteria required by section 185(b)

21 are met.’’.

22 SEC. 913. ELIMINATION OF NRC ANTITRUST REVIEWS.

23 Section 105 of the Atomic Energy Act of 1954 (42

24 U.S.C. 2135) is amended by adding at the end the following:
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1 ‘‘(d) APPLICABILITY.—Subsection (c) shall not apply

2 to an application for a license to construct or operate a

3 utilization facility under section 103 or 104(b) that is pend4 ing on or that is filed on or after the date of enactment

5 of this subsection.’’.

6 SEC. 914. GIFT ACCEPTANCE AUTHORITY.

7 (a) IN GENERAL.—Section 161g. of the Atomic Energy

8 Act of 1954 (42 U.S.C. 2201(g)) is amended—

9 (1) by inserting ‘‘(1)’’ after ‘‘(g)’’;

10 (2) by striking ‘‘this Act;’’ and inserting ‘‘this

11 Act; or’’; and

12 (3) by adding at the end the following:

13 ‘‘(2) accept, hold, utilize, and administer gifts of

14 real and personal property (not including money) for

15 the purpose of aiding or facilitating the work of the

16 Nuclear Regulatory Commission.’’.

17 (b) CRITERIA FOR ACCEPTANCE OF GIFTS.—

18 (1) IN GENERAL.—Chapter 14 of title I of the

19 Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.)

20 is amended by adding at the end the following:

21 ‘‘SEC. 170C. CRITERIA FOR ACCEPTANCE OF GIFTS.

22 ‘‘(a) IN GENERAL.—The Commission shall establish

23 written criteria for determining whether to accept gifts

24 under section 161g.(2).
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1 ‘‘(b) CONSIDERATIONS.—The criteria under subsection

2 (a) shall take into consideration whether the acceptance of

3 the gift would compromise the integrity of, or the appear4 ance of the integrity of, the Commission or any officer or

5 employee of the Commission.’’.

6 (2) CONFORMING AND TECHNICAL AMEND7 MENTS.—The table of contents of chapter 14 of title

8 I of the Atomic Energy Act of 1954 (42 U.S.C. prec.

9 2011) is amended by adding at the end the following:

‘‘Sec. 170C. Criteria for acceptance of gifts.’’.

10 SEC. 915. CARRYING OF FIREARMS BY LICENSEE EMPLOY11 EES.

12 (a) IN GENERAL.—Chapter 14 of title I of the Atomic

13 Energy Act of 1954 (42 U.S.C. 2201 et seq.) (as amended

14 by section 914(b)(1)) is amended—

15 (1) in section 161, by striking subsection k. and

16 inserting the following:

17 ‘‘(k) authorize to carry a firearm in the performance

18 of official duties such of its members, officers, and employ19 ees, such of the employees of its contractors and subcontrac20 tors (at any tier) engaged in the protection of property

21 under the jurisdiction of the United States located at facili22 ties owned by or contracted to the United States or being

23 transported to or from such facilities, and such of the em24 ployees of persons licensed or certified by the Commission

25 (including employees of contractors of licensees or certificate
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1 holders) engaged in the protection of facilities owned or op2 erated by a Commission licensee or certificate holder that

3 are designated by the Commission or in the protection of

4 property of significance to the common defense and security

5 located at facilities owned or operated by a Commission li6 censee or certificate holder or being transported to or from

7 such facilities, as the Commission considers necessary in the

8 interest of the common defense and security;’’ and

9 (2) by adding at the end the following:

10 ‘‘SEC. 170D. CARRYING OF FIREARMS.

11 ‘‘(a) AUTHORITY TO MAKE ARREST.—

12 ‘‘(1) IN GENERAL.—A person authorized under

13 section 161k. to carry a firearm may, while in the

14 performance of, and in connection with, official du15 ties, arrest an individual without a warrant for any

16 offense against the United States committed in the

17 presence of the person or for any felony under the

18 laws of the United States if the person has a reason19 able ground to believe that the individual has com20 mitted or is committing such a felony.

21 ‘‘(2) LIMITATION.—An employee of a contractor

22 or subcontractor or of a Commission licensee or cer23 tificate holder (or a contractor of a licensee or certifi24 cate holder) authorized to make an arrest under para25 graph (1) may make an arrest only—
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1 ‘‘(A) when the individual is within, or is in

2 flight directly from, the area in which the offense

3 was committed; and

4 ‘‘(B) in the enforcement of—

5 ‘‘(i) a law regarding the property of

6 the United States in the custody of the De7 partment of Energy, the Nuclear Regulatory

8 Commission, or a contractor of the Depart9 ment of Energy or Nuclear Regulatory

10 Commission or a licensee or certificate hold11 er of the Commission;

12 ‘‘(ii) a law applicable to facilities

13 owned or operated by a Commission licensee

14 or certificate holder that are designated by

15 the Commission under section 161k.;

16 ‘‘(iii) a law applicable to property of

17 significance to the common defense and se18 curity that is in the custody of a licensee or

19 certificate holder or a contractor of a li20 censee or certificate holder of the Commis21 sion; or

22 ‘‘(iv) any provision of this Act that

23 subjects an offender to a fine, imprison24 ment, or both.
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1 ‘‘(3) OTHER AUTHORITY.—The arrest authority

2 conferred by this section is in addition to any arrest

3 authority under other law.

4 ‘‘(4) GUIDELINES.—The Secretary and the Com5 mission, with the approval of the Attorney General,

6 shall issue guidelines to implement section 161k. and

7 this subsection.’’.

8 (b) CONFORMING AND TECHNICAL AMENDMENTS.—

9 The table of contents of chapter 14 of title I of the Atomic

10 Energy Act of 1954 (42 U.S.C. prec. 2011) (as amended

11 by section 914(b)(2)) is amended by adding at the end the

12 following:

‘‘Sec. 170D. Carrying of firearms.’’.

13 SEC. 916. UNAUTHORIZED INTRODUCTION OF DANGEROUS

14 WEAPONS.

15 Section 229a. of the Atomic Energy Act of 1954 (42

16 U.S.C. 2278a(a)) is amended in the first sentence by insert17 ing ‘‘or subject to the licensing authority of the Commission

18 or to certification by the Commission under this Act or any

19 other Act’’ before the period at the end.

20 SEC. 917. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.

21 Section 236a. of the Atomic Energy Act of 1954 (42

22 U.S.C. 2284(a)) is amended—

23 (1) in paragraph (2), by striking ‘‘storage facil24 ity’’ and inserting ‘‘storage, treatment, or disposal fa25 cility’’;
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1 (2) in paragraph (3)—

2 (A) by striking ‘‘such a utilization facility’’

3 and inserting ‘‘a utilization facility licensed

4 under this Act’’; and

5 (B) by striking ‘‘or’’ at the end;

6 (3) in paragraph (4)—

7 (A) by striking ‘‘facility licensed’’ and in8 serting ‘‘or nuclear fuel fabrication facility li9 censed or certified’’; and

10 (B) by striking the period at the end and

11 inserting ‘‘; or’’; and

12 (4) by adding at the end the following:

13 ‘‘(5) any production, utilization, waste storage,

14 waste treatment, waste disposal, uranium enrichment,

15 or nuclear fuel fabrication facility subject to licensing

16 or certification under this Act during construction of

17 the facility, if the person knows or reasonably should

18 know that there is a significant possibility that the

19 destruction or damage caused or attempted to be

20 caused could adversely affect public health and safety

21 during the operation of the facility.’’.
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1 This Act may be cited as the ‘‘Energy and Water De2 velopment Appropriations Act, 2001’’.

Attest:

Secretary.
106TH CONGRESS

2D SESSION H. R. 4733

AMENDMENT
—2—3—4—5—6—7—8—9—10