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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4733 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  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:

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2001, for energy and water development, and for other 
purposes, namely:

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

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

                         general investigations

    For expenses necessary for the collection and study of basic 
information pertaining to river and harbor, flood control, shore 
protection, and related projects, restudy of authorized projects, 
miscellaneous investigations, and, when authorized by laws, surveys and 
detailed studies and plans and specifications of projects prior to 
construction, $139,219,000, to remain available until expended, of 
which $100,000 may be made available to carry out activities under the 
John Glenn Great Lakes Basin Program established under section 455 of 
the Water Resources Development Act of 1999 (42 U.S.C. 1962d-21), of 
which $100,000 may be made available to develop the Detroit River 
Masterplan under section 568 of the Water Resources Development Act of 
1999 (113 Stat. 368), of which not less than $1,000,000 shall be 
available for the conduct of activities related to the selection, by 
the Secretary of the Army in cooperation with the Environmental 
Protection Agency, of a permanent disposal site for environmentally 
sound dredged material from navigational dredging projects in the State 
of Rhode Island, and of which $100,000 shall be made available to carry 
out a reconnaissance study provided for by section 447 of the Water 
Resources Development Act of 1999 (113 Stat. 329): Provided, That in 
conducting the Southwest Valley Flood Damage Reduction Study, 
Albuquerque, New Mexico, the Secretary of the Army, acting through the 
Chief of Engineers, shall include an evaluation of flood damage 
reduction measures that would otherwise be excluded from the 
feasibility analysis based on policies regarding the frequency of 
flooding, the drainage areas, and the amount of runoff: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to use $200,000, of funds appropriated herein 
for Research and Development, for a topographic/bathymetric mapping 
project for Coastal Louisiana in cooperation with the National Oceanic 
and Atmospheric Administration at the interagency Federal laboratory in 
Lafayette, Louisiana: Provided further, That $50,000 provided herein 
shall be for erosion control studies in the Harding Lake watershed in 
Alaska.

                         construction, general

    For the prosecution of river and harbor, flood control, shore 
protection, and related projects authorized by laws; and detailed 
studies, and plans and specifications, of projects (including those for 
development with participation or under consideration for participation 
by States, local governments, or private groups) authorized or made 
eligible for selection by law (but such studies shall not constitute a 
commitment of the Government to construction), $1,361,449,000, to 
remain available until expended, of which such sums as are necessary 
for the Federal share of construction costs for facilities under the 
Dredged Material Disposal Facilities program shall be derived from the 
Harbor Maintenance Trust Fund, as authorized by Public Law 104-303; and 
of which such sums as are necessary pursuant to Public Law 99-662 shall 
be derived from the Inland Waterways Trust Fund, for one-half of the 
costs of construction and rehabilitation of inland waterways projects, 
including rehabilitation costs for the Lock and Dam 24, Mississippi 
River, Illinois and Missouri; Lock and Dam 3, Mississippi River, 
Minnesota; London Locks and Dam; Kanawha River, West Virginia; and Lock 
and Dam 12, Mississippi River, Iowa projects; and of which funds are 
provided for the following projects in the amounts specified:
            Indianapolis Central Waterfront, Indiana, $4,000,000;
            Jackson County, Mississippi, $2,000,000; and
            Upper Mingo County (including Mingo County Tributaries), 
        Lower Mingo County (Kermit), Wayne County, and McDowell County, 
        elements of the Levisa and Tug Forks of the Big Sandy River and 
        Upper Cumberland River project in West Virginia, $4,100,000:
Provided, That no part of any appropriation contained in this Act shall 
be expended or obligated to begin Phase II on the John Day Drawdown 
study or to initiate a study of the drawdown of McNary Dam unless 
authorized by law: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed hereafter to use 
available Construction, General funds in addition to funding provided 
to Public Law 104-206 to complete design and construction of the Red 
River Regional Visitors Center in the vicinity of Shreveport, Louisiana 
at an estimated cost of $6,000,000: Provided further, That section 
101(b)(4) of the Water Resources Development Act of 1996, is amended by 
striking ``total cost of $8,600,000'' and inserting in lieu thereof, 
``total cost of $15,000,000'': Provided further, That the Secretary of 
the Army, acting through the Chief of Engineers, is directed to use 
$3,000,000 of the funds appropriated herein for additional emergency 
bank stabilization measures at Galena, Alaska under the same terms and 
conditions as previous emergency bank stabilization work undertaken at 
Galena, Alaska pursuant to Section 116 of Public Law 99-190: Provided 
further, That with $4,200,000 of the funds appropriated herein, the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to continue construction of the Brunswick County Beaches, 
North Carolina-Ocean Isle Beach portion in accordance with the General 
Reevaluation Report approved by the Chief of Engineers on May 15, 1998: 
Provided further, That the Secretary of the Army, acting through the 
Chief of Engineers, is directed to use not to exceed $300,000 of funds 
appropriated herein to reimburse the City of Renton, Washington, at 
full Federal expense, for mitigation expenses incurred for the flood 
control project constructed pursuant to 33 U.S.C. 701s at Cedar River, 
City of Renton, Washington, as a result of over-dredging by the Army 
Corps of Engineers: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers, may use Construction, General 
funding as directed in Public Law 105-62 and Public Law 105-245 to 
initiate construction of an emergency outlet from Devils Lake, North 
Dakota, to the Sheyenne River, except that the funds shall not become 
available unless the Secretary of the Army determines that an emergency 
(as defined in section 102 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5122)) exists with respect to 
the emergency need for the outlet and reports to Congress that the 
construction is technically sound, economically justified, and 
environmentally acceptable, and in compliance with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.): Provided 
further, That the economic justification for the emergency outlet shall 
be prepared in accordance with the principles and guidelines for 
economic evaluation as required by regulations and procedures of the 
Army Corps of Engineers for all flood control projects, and that the 
economic justification be fully described, including the analysis of 
the benefits and costs, in the project plan documents: Provided 
further, That the plans for the emergency outlet shall be reviewed and, 
to be effective, shall contain assurances provided by the Secretary of 
State, after consultation with the International Joint Commission, that 
the project will not violate the requirements or intent of the Treaty 
Between the United States and Great Britain Relating to Boundary Waters 
Between the United States and Canada, signed at Washington January 11, 
1909 (36 Stat. 2448; TS 548) (commonly known as the ``Boundary Waters 
Treaty of 1909''): Provided further, That the Secretary of the Army 
shall submit the final plans and other documents for the emergency 
outlet to Congress: Provided further, That no funds made available 
under this Act or any other Act for any fiscal year may be used by the 
Secretary of the Army to carry out the portion of the feasibility study 
of the Devils Lake Basin, North Dakota, authorized under the Energy and 
Water Development Appropriations Act, 1993 (Public Law 102-377), that 
addresses the needs of the area for stabilized lake levels through 
inlet controls, or to otherwise study any facility or carry out any 
activity that would permit the transfer of water from the Missouri 
River Basin into Devils Lake: Provided further, That $500,000 of the 
funding appropriated herein shall be used to undertake the Hay Creek, 
Roseau County, Minnesota Flood Control Project under section 206 
funding.

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

    For expenses necessary for prosecuting work of flood control, and 
rescue work, repair, restoration, or maintenance of flood control 
projects threatened or destroyed by flood, as authorized by law (33 
U.S.C. 702a and 702g-1), $334,450,000, to remain available until 
expended: Provided, That the Secretary of the Army is directed to 
complete his analysis and determination of Federal maintenance of the 
Greenville Inner Harbor, Mississippi navigation project in accordance 
with Section 509 of the Water Resources Development Act of 1996: 
Provided further, That of the amounts made available under this heading 
for construction, there shall be provided $375,000 for Tributaries in 
the Yazoo Basin of Mississippi, and $45,000,000 for the Mississippi 
River levees: Provided further, That of the amounts made available 
under this heading for operation and maintenance, there shall be 
provided $6,747,000 for Arkabutla Lake, $4,376,000 for Enid Lake, 
$5,280,000 for Grenada Lake, and $7,680,000 for Sardis Lake.

                   operation and maintenance, general

    For expenses necessary for the preservation, operation, 
maintenance, and care of existing river and harbor, flood control, and 
related works, including such sums as may be necessary for the 
maintenance of harbor channels provided by a State, municipality or 
other public agency, outside of harbor lines, and serving essential 
needs of general commerce and navigation; surveys and charting of 
northern and northwestern lakes and connecting waters; clearing and 
straightening channels; and removal of obstructions to navigation, 
$1,862,471,000, to remain available until expended, of which such sums 
as become available in the Harbor Maintenance Trust Fund, pursuant to 
Public Law 99-662, may be derived from that Fund, of which such sums as 
become available from the special account established by the Land and 
Water Conservation Act of 1965, as amended (16 U.S.C. 460l), may be 
derived from that account for construction, operation, and maintenance 
of outdoor recreation facilities, of which $500,000 shall be available 
for maintenance and repair of the Sakonnet Harbor breakwater in Little 
Compton, Rhode Island, of which $50,000 shall be used to carry out the 
feasibility study described in section 109, and of which $150,000 of 
funds made available for the Delaware River, Philadelphia to the Sea, 
shall be made available for the Philadelphia District of the Corps of 
Engineers to establish a program to allow the direct marketing of 
dredged material from the Delaware River Deepening Project to public 
agencies and private entities: Provided, That the Secretary of the 
Army, acting through the Chief of Engineers, from the funds provided 
herein for the operation and maintenance of New York Harbor, New York, 
is directed to prepare the necessary documentation and initiate removal 
of submerged obstructions and debris in the area previously marked by 
the Ambrose Light Tower in the interest of safe navigation: Provided 
further, That $1,700,000 shall be used to implement environmental 
restoration requirements as specified under the certification issued by 
the State of Florida under section 401 of the Federal Water Pollution 
Control Act (33 U.S.C. 1341), dated October 1999 (permit number 
0129424-001-DF), including $1,200,000 for increased environmental 
dredging and $500,000 for related environmental studies required by the 
water quality certification.

                           regulatory program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $120,000,000, to remain 
available until expended: Provided, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to use funds 
appropriated herein to: (1) by March 1, 2001, supplement the report, 
Cost Analysis For the 1999 Proposal to Issue and Modify Nationwide 
Permits, to reflect the Nationwide Permits actually issued on March 9, 
2000, including changes in the acreage limits, preconstruction 
notification requirements and general conditions between the rule 
proposed on July 21, 1999, and the rule promulgated and published in 
the Federal Register; (2) after consideration of the cost analysis for 
the 1999 proposal to issue and modify nationwide permits and the 
supplement prepared pursuant to this Act and by September 30, 2001, 
prepare, submit to Congress and publish in the Federal Register a 
Permit Processing Management Plan by which the Corps of Engineers will 
handle the additional work associated with all projected increases in 
the number of individual permit applications and preconstruction 
notifications related to the new and replacement permits and general 
conditions. The Permit Processing Management Plan shall include 
specific objective goals and criteria by which the Corps of Engineers' 
progress towards reducing any permit backlog can be measured; (3) 
beginning on December 31, 2001, and on a biannual basis thereafter, 
report to Congress and publish in the Federal Register, an analysis of 
the performance of its program as measured against the criteria set out 
in the Permit Processing Management Plan; (4) implement a 1-year pilot 
program to publish quarterly on the U.S. Army Corps of Engineer's 
Regulatory Program website all Regulatory Analysis and Management 
Systems (RAMS) data for the South Pacific Division and North Atlantic 
Division beginning within 30 days of the enactment of this Act; and (5) 
publish in Division Office websites all findings, rulings, and 
decisions rendered under the administrative appeals process for the 
Corps of Engineers Regulatory Program as established in Public Law 106-
60: Provided further, That, through the period ending on September 30, 
2003, the Corps of Engineers shall allow any appellant to keep a 
verbatim record of the proceedings of the appeals conference under the 
aforementioned administrative appeals process: Provided further, That 
within 30 days of the enactment of this Act, the Secretary of the Army, 
acting through the Chief of Engineers, shall require all U.S. Army 
Corps of Engineers Divisions and Districts to record the date on which 
a Section 404 individual permit application or nationwide permit 
notification is filed with the Corps of Engineers: Provided further, 
That the Corps of Engineers, when reporting permit processing times, 
shall track both the date a permit application is first received and 
the date the application is considered complete, as well as the reason 
that the application is not considered complete upon first submission.

            formerly utilized sites remedial action program

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

                            general expenses

    For expenses necessary for general administration and related 
functions in the Office of the Chief of Engineers and offices of the 
Division Engineers; activities of the Coastal Engineering Research 
Board, the Humphreys Engineer Center Support Activity, the Water 
Resources Support Center, and headquarters support functions at the 
USACE Finance Center, $152,000,000, to remain available until expended: 
Provided, That no part of any other appropriation provided in title I 
of this Act shall be available to fund the activities of the Office of 
the Chief of Engineers or the executive direction and management 
activities of the division offices: Provided further, That none of 
these funds shall be available to support an office of congressional 
affairs within the executive office of the Chief of Engineers.

                             revolving fund

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

                       administrative provisions

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

             general provisions--corps of engineers--civil

    Sec. 101. Notwithstanding any other provisions of law, no fully 
allocated funding policy shall be applied to projects for which funds 
are identified in the Committee reports accompanying this Act under the 
Construction, General; Operation and Maintenance, General; and Flood 
Control, Mississippi River and Tributaries, appropriation accounts: 
Provided, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to undertake these projects using continuing 
contracts, as authorized in section 10 of the Rivers and Harbors Act of 
September 22, 1922 (33 U.S.C. 621).
    Sec. 102. Agreements proposed for execution by the Assistant 
Secretary of the Army for Civil Works or the United States Army Corps 
of Engineers after the date of the enactment of this Act pursuant to 
section 4 of the Rivers and Harbor Act of 1915, Public Law 64-291; 
section 11 of the River and Harbor Act of 1925, Public Law 68-585; the 
Civil Functions Appropriations Act, 1936, Public Law 75-208; section 
215 of the Flood Control Act of 1968, as amended, Public Law 90-483; 
sections 104, 203, and 204 of the Water Resources Development Act of 
1986, as amended (Public Law 99-662); section 206 of the Water 
Resources Development Act of 1992, as amended, Public Law 102-580; 
section 211 of the Water Resources Development Act of 1996, Public Law 
104-303, and any other specific project authority, shall be limited to 
credits and reimbursements per project not to exceed $10,000,000 in 
each fiscal year, and total credits and reimbursements for all 
applicable projects not to exceed $50,000,000 in each fiscal year.
    Sec. 103. None of the funds made available in this Act may be used 
to revise the Missouri River Master Water Control Manual when it is 
made known to the Federal entity or official to which the funds are 
made available that such revision provides for an increase in the 
springtime water release program during the spring heavy rainfall and 
snow melt period in States that have rivers draining into the Missouri 
River below the Gavins Point Dam.
    Sec. 104. St. Georges Bridge, Delaware. None of the funds made 
available by this Act may be used to carry out any activity relating to 
closure or removal of the St. Georges Bridge across the Chesapeake and 
Delaware Canal, Delaware, including a hearing or any other activity 
relating to preparation of an environmental impact statement concerning 
the closure or removal.
    Sec. 105. Of the funds appropriated in title I, Operation and 
Maintenance, General, $10,400,000 is available for the operation and 
maintenance of the Pascagoula Harbor, Mississippi.
    Sec. 106. Of the funds appropriated in title I, Construction 
General, $200,000 is available for the Gulfport Harbor, Mississippi 
project for the Corps of Engineers to prepare a project study plan and 
to initiate a general reevaluation report for the remaining authorized 
channel width dredging.
    Sec. 107. Studies for Kihei Area Erosion, HI, shall include an 
analysis of the extent and causes of the shoreline erosion. Further, 
studies shall include an analysis of the total recreation and any other 
economic benefits accruing to the public to be derived from restoration 
of the shoreline. The results of this analysis shall be displayed in 
study documents along with the traditional benefit-cost analysis.
    Sec. 108. Studies for Waikiki Erosion Control, HI, shall include an 
analysis of environmental resources that have been, or may be, 
threatened by erosion of the shoreline. Further, studies shall include 
an analysis of the total recreation and any other economic benefits 
accruing to the public to be derived from restoration of the shoreline. 
The results of this analysis shall be displayed in study documents 
along with the traditional benefit-cost analysis.
    Sec. 109. Delaware River to Chesapeake Bay, Delaware and Maryland. 
(a) In General.--The Secretary of the Army, in cooperation with the 
Department of Transportation of the State of Delaware, shall conduct a 
study to determine the need for providing additional crossing capacity 
across the Chesapeake and Delaware Canal.
    (b) Required Elements.--In carrying out subsection (a), the 
Secretary shall--
            (1) analyze the need for providing additional crossing 
        capacity;
            (2) analyze the timing, and establish a timeframe, for 
        satisfying any need for additional crossing capacity determined 
        under paragraph (1);
            (3) analyze the feasibility, taking into account the rate 
        of development around the canal, of developing 1 or more 
        crossing corridors to satisfy, within the timeframe established 
        under paragraph (2), the need for additional crossing capacity 
        with minimal environmental impact.
    Sec. 110. Sense of the Senate Concerning the Dredging of the Main 
Channel of the Delaware River. It is the sense of the Senate that--
            (1) the Corps of Engineers should continue to negotiate in 
        good faith with the State of Delaware to address outstanding 
        environmental permitting concerns relating to the project for 
        navigation, Delaware River Mainstem and Channel Deepening, 
        Delaware, New Jersey, and Pennsylvania, authorized by section 
        101(6) of the Water Resources Development Act of 1992 (106 
        Stat. 4802) and modified by section 308 of the Water Resources 
        Development Act of 1999 (113 Stat. 300); and
            (2) the Corps of Engineers and the State of Delaware should 
        resolve their differences through the normal State water 
        quality permitting process.
    Sec. 111. Appropriation for Alternative Nonocean Remediation Sites. 
The Secretary of the Army may use up to $1,000,000 of available funds 
to carry out a nonocean alternative remediation demonstration project 
for dredged material at the Historic Area Remediation Site.
    Sec. 112. Within available funds under title I, the Secretary of 
the Army, acting through the Chief of Engineers, shall provide up to 
$7,000,000 to replace and upgrade the dam in Kake, Alaska which 
collapsed July 2000, to provide drinking water and hydroelectricity.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                central utah project completion account

    For carrying out activities authorized by the Central Utah Project 
Completion Act, $38,724,000, to remain available until expended, of 
which $19,158,000 shall be deposited into the Utah Reclamation 
Mitigation and Conservation Account: Provided, That of the amounts 
deposited into that account, $5,000,000 shall be considered the Federal 
contribution authorized by paragraph 402(b)(2) of the Central Utah 
Project Completion Act and $14,158,000 shall be available to the Utah 
Reclamation Mitigation and Conservation Commission to carry out 
activities authorized under that Act.
    In addition, for necessary expenses incurred in carrying out 
related responsibilities of the Secretary of the Interior, $1,216,000, 
to remain available until expended.

                         Bureau of Reclamation

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

                      water and related resources

                     (including transfer of funds)

    For management, development, and restoration of water and related 
natural resources and for related activities, including the operation, 
maintenance and rehabilitation of reclamation and other facilities, 
participation in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and other agreements 
with, State and local governments, Indian tribes, and others, 
$655,192,000, to remain available until expended, of which $1,916,000 
shall be available for transfer to the Upper Colorado River Basin Fund 
and $38,667,000 shall be available for transfer to the Lower Colorado 
River Basin Development Fund; of which such amounts as may be necessary 
may be advanced to the Colorado River Dam Fund; of which $16,000,000 
shall be for on-reservation water development, feasibility studies, and 
related administrative costs under Public Law 106-163; of which not 
more than 25 percent of the amount provided for drought emergency 
assistance may be used for financial assistance for the preparation of 
cooperative drought contingency plans under Title II of Public Law 102-
250; and of which not more than $500,000 is for high priority projects 
which shall be carried out by the Youth Conservation Corps, as 
authorized by 16 U.S.C. 1706: Provided, That such transfers may be 
increased or decreased within the overall appropriation under this 
heading: Provided further, That of the total appropriated, the amount 
for program activities that can be financed by the Reclamation Fund or 
the Bureau of Reclamation special fee account established by 16 U.S.C. 
460l-6a(i) shall be derived from that Fund or account: Provided 
further, That funds contributed under 43 U.S.C. 395 are available until 
expended for the purposes for which contributed: Provided further, That 
funds advanced under 43 U.S.C. 397a shall be credited to this account 
and are available until expended for the same purposes as the sums 
appropriated under this heading: Provided further, That funds available 
for expenditure for the Departmental Irrigation Drainage Program may be 
expended by the Bureau of Reclamation for site remediation on a non-
reimbursable basis: Provided further, That section 301 of Public Law 
102-250, Reclamation States Emergency Drought Relief Act of 1991, as 
amended, is amended further by inserting ``2000, and 2001'' in lieu of 
``and 2000'': Provided further, That the amount authorized for Indian 
municipal, rural, and industrial water features by section 10 of Public 
Law 89-108, as amended by section 8 of Public Law 99-294, section 
1701(b) of Public Law 102-575, Public Law 105-245, and Public Law 106-
60 is increased by $2,000,000 (October 1998 prices): Provided further, 
That the amount authorized for Minidoka Project North Side Pumping 
Division, Idaho, by section 5 of Public Law 81-864, is increased by 
$2,805,000: Provided further, That the Reclamation Safety of Dams Act 
of 1978 (43 U.S.C. 509) is amended as follows: (1) by inserting in 
Section 4(c) after ``1984,'' and before ``costs'' the following: ``and 
the additional $95,000,000 further authorized to be appropriated by 
amendments to that Act in 2000,''; (2) by inserting in Section 5 after 
``levels),'' and before ``plus'' the following: ``and, effective 
October 1, 2000, not to exceed an additional $95,000,000 (October 1, 
2000, price levels),''; and (3) by striking ``sixty days (which'' and 
all that follows through ``day certain)'' and inserting in lieu thereof 
``30 calendar days'': Provided further, That $2,300,000 of the funding 
provided herein shall be for the Albuquerque Metropolitan Area Water 
Reclamation and Reuse project authorized by title XVI of Public Law 
102-575 to undertake phase II of the project.

               bureau of reclamation loan program account

    For the cost of direct loans and/or grants, $8,944,000, to remain 
available until expended, as authorized by the Small Reclamation 
Projects Act of August 6, 1956, as amended (43 U.S.C. 422a-422l): 
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974, as amended: Provided further, That these funds are available to 
subsidize gross obligations for the principal amount of direct loans 
not to exceed $27,000,000.
    In addition, for administrative expenses necessary to carry out the 
program for direct loans and/or grants, $425,000, to remain available 
until expended: Provided, That of the total sums appropriated, the 
amount of program activities that can be financed by the Reclamation 
Fund shall be derived from that Fund.

                central valley project restoration fund

    For carrying out the programs, projects, plans, and habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, $38,382,000, to be derived from such 
sums as may be collected in the Central Valley Project Restoration Fund 
pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of 
Public Law 102-575, to remain available until expended: Provided, That 
the Bureau of Reclamation is directed to assess and collect the full 
amount of the additional mitigation and restoration payments authorized 
by section 3407(d) of Public Law 102-575.

                       policy and administration

    For necessary expenses of policy, administration, and related 
functions in the office of the Commissioner, the Denver office, and 
offices in the five regions of the Bureau of Reclamation, to remain 
available until expended, $50,224,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: 
Provided, That no part of any other appropriation in this Act shall be 
available for activities or functions budgeted as policy and 
administration expenses.

                       administrative provisions

    Sec. 201. Appropriations for the Bureau of Reclamation shall be 
available for purchase of not to exceed four passenger motor vehicles 
for replacement only.
    Sec. 202. Funds under this title for Drought Emergency Assistance 
shall be made available primarily for leasing of water for specified 
drought related purposes from willing lessors, in compliance with 
existing State laws and administered under State water priority 
allocation. Such leases may be entered into with an option to purchase: 
Provided, That such purchase is approved by the State in which the 
purchase takes place and the purchase does not cause economic harm 
within the State in which the purchase is made.

                           general provisions

    Sec. 203. (a) For fiscal year 2001 and each fiscal year thereafter, 
the Secretary of the Interior shall continue the funding of monitoring 
and research, as authorized by section 1807 of the Grand Canyon 
Protection Act of 1992 (106 Stat. 4672), at not more than $7,687,000, 
adjusted to reflect changes in the Consumer Price Index for All Urban 
Consumers published by the Bureau of Labor Statistics of the Department 
of Labor.
    (b) The activities to be funded as provided under subsection (a) 
include activities required to meet the requirements of subsections (a) 
and (b) of section 1805 of the Grand Canyon Protection Act of 1992 (106 
Stat. 4672), including the requirements of the Biological Opinion on 
the Operation of Glen Canyon Dam and activities required by the 
Programmatic Agreement on Cultural and Historic Properties.
    (c) To the extent that funding under subsection (a) is insufficient 
to pay the costs of the monitoring and research, the Secretary of the 
Interior may use funds appropriated to carry out section 8 of the Act 
of April 11, 1956 (commonly known as the ``Colorado River Storage 
Project Act'') (43 U.S.C. 620g), to pay those costs.
    Sec. 204. Section 202 of Division B, Title I, Chapter 2 of Public 
Law 106-246 is amended by adding at the end the following: ``This 
section shall be effective through September 30, 2001.''.
    Sec. 205. The Secretary of the Interior is authorized and directed 
to use not to exceed $1,000,000 of the funds appropriated under title 
II to refund amounts received by the United States as payments for 
charges assessed by the Secretary prior to January 1, 1994 for failure 
to file certain certification or reporting forms prior to the receipt 
of irrigation water, pursuant to sections 206 and 224(c) of the 
Reclamation Reform Act of 1982 (96 Stat. 1226, 1272; 43 U.S.C. 390ff, 
390ww(c)), including the amount of associated interest assessed by the 
Secretary and paid to the United States pursuant to section 224(i) of 
the Reclamation Reform Act of 1982 (101 Stat. 1330-268; 43 U.S.C. 
390ww(i)).
    Sec. 206. Recreation Development, Bureau of Reclamation, Montana 
Projects. (a) In General.--To provide a greater level of recreation 
management activities on reclamation project land and water areas 
within the State of Montana east of the Continental Divide (including 
the portion of the Yellowtail Unit of the Pick-Sloan Project located in 
Wyoming) necessary to meet the changing needs and expectations of the 
public, the Secretary of the Interior may--
            (1) investigate, plan, construct, operate, and maintain 
        public recreational facilities on land withdrawn or acquired 
        for the projects;
            (2) conserve the scenery, the natural, historic, 
        paleontologic, and archaeologic objects, and the wildlife on 
        the land;
            (3) provide for public use and enjoyment of the land and of 
        the water areas created by a project by such means as are 
        consistent with but subordinate to the purposes of the project; 
        and
            (4) investigate, plan, construct, operate, and maintain 
        facilities for the conservation of fish and wildlife resources.
    (b) Costs.--The costs (including operation and maintenance costs) 
of carrying out subsection (a) shall be nonreimbursable and 
nonreturnable under Federal reclamation law.
    Sec. 207. Canyon Ferry Reservoir, Montana. (a) Appraisals.--Section 
1004(c)(2)(B) of title X of division C of the Omnibus Consolidated and 
Emergency Supplemental Appropriations Act, 1999 (112 Stat. 2681-713; 
113 Stat. 1501A-307) is amended--
            (1) in clause (i), by striking ``be based on'' and 
        inserting ``use'';
            (2) in clause (vi), by striking ``Notwithstanding any other 
        provision of law,'' and inserting ``To the extent consistent 
        with the Uniform Appraisal Standards for Federal Land 
        Acquisition,''; and
            (3) by adding at the end the following:
            ``(vii) Applicability.--This subparagraph shall apply to 
        the extent that its application is practicable and consistent 
        with the Uniform Appraisal Standards for Federal Land 
        Acquisition.''.
    (b) Timing.--Section 1004(f)(2) of title X of division C of the 
Omnibus Consolidated and Emergency Supplemental Appropriations Act, 
1999 (112 Stat. 2681-714; 113 Stat. 1501A-308) is amended by inserting 
after ``Act,'' the following: ``in accordance with all applicable 
law,''.
    (c) Interest.--Section 1008(b) of title X of division C of the 
Omnibus Consolidated and Emergency Supplemental Appropriations Act, 
1999 (112 Stat. 2681-717; 113 Stat. 1501A-310) is amended by striking 
paragraph (4).
    Sec. 208. Beginning in fiscal year 2000 and thereafter, any amounts 
provided for the Newlands Water Rights Fund for purchasing and retiring 
water rights in the Newlands Reclamation Project shall be non-
reimbursable.
    Sec. 209. Use of Colorado-Big Thompson Project Facilities for 
Nonproject Water. The Secretary of the Interior may enter into 
contracts with the city of Loveland, Colorado, or its Water and Power 
Department or any other agency, public utility, or enterprise of the 
city, providing for the use of facilities of the Colorado-Big Thompson 
Project, Colorado, under the Act of February 21, 1911 (43 U.S.C. 523), 
for--
            (1) the impounding, storage, and carriage of nonproject 
        water originating on the eastern slope of the Rocky Mountains 
        for domestic, municipal, industrial, and other beneficial 
        purposes; and
            (2) the exchange of water originating on the eastern slope 
        of the Rocky Mountains for the purposes specified in paragraph 
        (1), using facilities associated with the Colorado-Big Thompson 
        Project, Colorado.
    Sec. 210. Amendment to Irrigation Project Contract Extension Act of 
1998. (a) Section 2(a) of the Irrigation Project Contract Extension Act 
of 1998, Public Law 105-293, is amended by striking the date ``December 
31, 2000'', and inserting in lieu thereof the date ``December 31, 
2003''; and
    (b) Subsection 2(b) of the Irrigation Project Contract Extension 
Act of 1998, Public Law 105-293, is amended by--
            (1) striking the phrase ``not to go beyond December 31, 
        2001'', and inserting in lieu thereof the phrase ``not to go 
        beyond December 31, 2003''; and
            (2) striking the phrase ``terminates prior to December 31, 
        2000'', and inserting in lieu thereof ``terminates prior to 
        December 31, 2003''.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                             Energy Supply

                     (including transfer of funds)

    For Department of Energy expenses including the purchase, 
construction and acquisition of plant and capital equipment, and other 
expenses necessary for energy supply, and uranium supply and enrichment 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion; and the purchase of 
not to exceed 17 passenger motor vehicles for replacement only, 
$691,520,000 to remain available until September 30, 2002, of which 
$12,000,000 shall be derived by transfer from the United States 
Enrichment Corporation Fund, of which an appropriate amount shall be 
available for innovative projects in small rural communities in the 
Mississippi Delta, such as Morgan City, Mississippi, to demonstrate 
advanced alternative energy technologies, concerning which projects the 
Secretary of Energy shall submit to Congress a report not later than 
March 31, 2001, and of which $100,000 shall be made available to 
Western Biomass Energy LLC for an ethanol demonstration project: 
Provided, That $4,000,000 shall be made available for the demonstration 
of an underground mining locomotive and an earth loader powered by 
hydrogen at existing mining facilities within the State of Nevada. The 
demonstration is subject to a private sector industry cost-share of not 
less than equal amount, and a portion of these funds may also be used 
to acquire a prototype hydrogen fueling appliance to provide on-site 
hydrogen in the demonstration: Provided further, That $5,000,000 shall 
be made available to support a project to demonstrate a commercial 
facility employing thermo-depolymerization technology at a site 
adjacent to the Nevada Test Site. The project shall proceed on a cost-
share basis where Federal funding shall be matched in at least an equal 
amount with non-Federal funding: Provided further, That $1,000,000 
shall be made available for the Kotzebue wind project: Provided 
further, That $2,000,000 shall be made available for the design and 
construction of a demonstration facility for regional biomass ethanol 
manufacturing in southeast Alaska: Provided further, That $500,000 
shall be made available for the bioreactor landfill project to be 
administered by the Environmental Education and Research Foundation and 
Michigan State University: Provided further, That of the amount 
available for wind energy systems, not less than $5,000,000 shall be 
made available for small wind, including not less than $2,000,000 for 
the small wind turbine development project: Provided further, That, in 
addition, royalties received to compensate the Department of Energy for 
its participation in the First-Of-A-Kind-Engineering program shall be 
credited to this account to be available until September 30, 2002 for 
the purposes of Nuclear Energy, Science and Technology activities: 
Provided further, That of the amounts made available for energy supply 
$1,000,000 shall be available for the Office of Arctic Energy: Provided 
further, That $1,000,000 is provided to initiate planning of a one MW 
dish engine field validation power project at UNLV in Nevada: Provided 
further, That $3,000,000 shall be made available for technology 
development and demonstration program in Combined Cooling, Heating and 
Power Technology Development for Thermal Load Management, District 
Energy Systems, and Distributed Generation, based upon natural gas, 
hydrogen, and renewable energy technologies. Further, the program is to 
be carried out by the Oak Ridge National Laboratory through its 
Building Equipment Technology Program.

                  non-defense environmental management

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental management activities 
in carrying out the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation 
of any real property or any facility or for plant or facility 
acquisition, construction or expansion, $309,141,000, to remain 
available until expended.

      uranium enrichment decontamination and decommissioning fund

    For necessary expenses in carrying out uranium enrichment facility 
decontamination and decommissioning, remedial actions and other 
activities of title II of the Atomic Energy Act of 1954 and title X, 
subtitle A of the Energy Policy Act of 1992, $297,778,000, to be 
derived from the Fund, to remain available until expended: Provided, 
That $30,000,000 of amounts derived from the Fund for such expenses 
shall be available in accordance with title X, subtitle A, of the 
Energy Policy Act of 1992.

                                science

    For Department of Energy expenses including the purchase, 
construction and acquisition of plant and capital equipment, and other 
expenses necessary for science activities in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not to exceed 58 passenger motor vehicles 
for replacement only, $2,870,112,000, to remain available until 
expended, of which $500,000 shall be available for participation by the 
Idaho National Engineering and Environmental Laboratory in the Greater 
Yellowstone Energy and Transportation Systems Study: Provided, That 
$3,000,000 shall be made available for high temperature 
superconductivity research at Boston College: Provided further, That 
notwithstanding any other provision of law, not to exceed $51,163,000 
of the funds appropriated herein may be obligated for the Small 
Business Innovation Research program and not to exceed $3,069,000 of 
the funds appropriated herein may be obligated for the Small Business 
Technology Transfer program: Provided further, That $12,500,000 of the 
funds appropriated herein shall be available for Molecular Nuclear 
Medicine.

                         nuclear waste disposal

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $59,175,000, to remain 
available until expended and to be derived from the Nuclear Waste Fund: 
Provided, That not to exceed $2,500,000 may be provided to the State of 
Nevada solely for expenditures, other than salaries and expenses of 
State employees, to conduct scientific oversight responsibilities 
pursuant to the Nuclear Waste Policy Act of 1982, (Public Law 97-425) 
as amended: Provided further, That not to exceed $5,887,000 may be 
provided to affected units of local governments, as defined in Public 
Law 97-425, to conduct appropriate activities pursuant to the Act: 
Provided further, That the distribution of the funds as determined by 
the units of local government shall be approved by the Department of 
Energy: Provided further, That the funds for the State of Nevada shall 
be made solely to the Nevada Division of Emergency Management by direct 
payment and units of local government by direct payment: Provided 
further, That within 90 days of the completion of each Federal fiscal 
year, the Nevada Division of Environmental Management and the Governor 
of the State of Nevada and each local entity shall provide 
certification to the Department of Energy, that all funds expended from 
such payments have been expended for activities authorized by Public 
Law 97-425. Failure to provide such certification shall cause such 
entity to be prohibited from any further funding provided for similar 
activities: Provided further, That none of the funds herein 
appropriated may be: (1) used directly or indirectly to influence 
legislative action on any matter pending before Congress or a State 
legislature or for lobbying activity as provided in 18 U.S.C. 1913; (2) 
used for litigation expenses; or (3) used to support multi-state 
efforts or other coalition building activities inconsistent with the 
restrictions contained in this Act: Provided further, That all proceeds 
and recoveries by the Secretary in carrying out activities authorized 
by the Nuclear Waste Policy Act of 1982 in Public Law 97-425, as 
amended, including but not limited to, any proceeds from the sale of 
assets, shall be available without further appropriation and shall 
remain available until expended.

                      departmental administration

    For salaries and expenses of the Department of Energy necessary for 
departmental administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the hire of passenger motor vehicles and official reception 
and representation expenses (not to exceed $35,000), $210,128,000, to 
remain available until expended, plus such additional amounts as 
necessary to cover increases in the estimated amount of cost of work 
for others notwithstanding the provisions of the Anti-Deficiency Act 
(31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work 
are offset by revenue increases of the same or greater amount, to 
remain available until expended: Provided further, That moneys received 
by the Department for miscellaneous revenues estimated to total 
$128,762,000 in fiscal year 2001 may be retained and used for operating 
expenses within this account, and may remain available until expended, 
as authorized by section 201 of Public Law 95-238, notwithstanding the 
provisions of 31 U.S.C. 3302: Provided further, That the sum herein 
appropriated shall be reduced by the amount of miscellaneous revenues 
received during fiscal year 2001 so as to result in a final fiscal year 
2001 appropriation from the General Fund estimated at not more than 
$81,366,000.

                    office of the inspector general

    For necessary expenses of the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $28,988,000, to remain available until expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           weapons activities

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion; and the purchase of 
passenger motor vehicles (not to exceed 12 for replacement only), 
$4,883,289,000, to remain available until expended.

                    defense nuclear nonproliferation

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense, Defense 
Nuclear Nonproliferation activities, in carrying out the purposes of 
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, $908,967,000, to remain available until expended: Provided, 
That not to exceed $5,000 may be used for official reception and 
representation expenses for national security and nonproliferation 
(including transparency) activities in fiscal year 2001: Provided 
further, That $2,000,000 shall be provided for equipment acquisition 
for the Incorporated Research Institutions for Seismology (IRIS) 
PASSCAL Instrument Center.

                             naval reactors

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense, Naval Reactor 
activities, in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $694,600,000, to 
remain available until expended.

                      office of the administrator

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

                    OTHER DEFENSE RELATED ACTIVITIES

         Defense Environmental Restoration and Waste Management

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental restoration 
and waste management activities in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion; and the purchase of 67 passenger motor vehicles for 
replacement only, $4,635,763,000, to remain available until expended: 
Provided, That $3,000,000 shall be made available from within the funds 
provided for Science and Technology to support a program to be managed 
by the Carlsbad office of the Department of Energy, in coordination 
with the United States-Mexico Border Health Commission, to apply and 
demonstrate technologies to reduce hazardous waste streams that 
threaten public health and environmental security in order to advance 
the potential for commercialization of technologies relevant to the 
Department's clean-up mission: Provided further, That $2,000,000 shall 
be made available from within the funds provided for Science and 
Technology to support a program to be managed by the Carlsbad office of 
the Department of Energy to implement a program to support the 
Materials Corridor Partnership Initiative.

                  Defense Facilities Closure Projects

    For expenses of the Department of Energy to accelerate the closure 
of defense environmental management sites, including the purchase, 
construction and acquisition of plant and capital equipment and other 
necessary expenses, $1,082,297,000, to remain available until expended.

             Defense Environmental Management Privatization

    For Department of Energy expenses for privatization projects 
necessary for atomic energy defense environmental management activities 
authorized by the Department of Energy Organization Act (42 U.S.C. 7101 
et seq.), $324,000,000, to remain available until expended.

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense, other defense activities, 
in carrying out the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation 
of any real property or any facility or for plant or facility 
acquisition, construction, or expansion, $579,463,000, to remain 
available until expended, of which $17,000,000 shall be for the 
Department of Energy Employees Compensation Initiative upon enactment 
of authorization legislation into law.

                     Defense Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $292,000,000, to remain 
available until expended.

                    Power Marketing Administrations

                  bonneville power administration fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for the Nez 
Perce Tribe Resident Fish Substitution Program, the Cour D'Alene Tribe 
Trout Production facility, and for official reception and 
representation expenses in an amount not to exceed $1,500.
    During fiscal year 2001, no new direct loan obligations may be 
made. Section 511 of the Energy and Water Development Appropriations 
Act, 1997 (Public Law 104-206), is amended by striking the last 
sentence and inserting, ``This authority shall expire September 30, 
2005.''.

      operation and maintenance, southeastern power administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, 
including transmission wheeling and ancillary services, pursuant to the 
provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 
825s), as applied to the southeastern power area, $3,900,000, to remain 
available until expended; in addition, notwithstanding the provisions 
of 31 U.S.C. 3302, amounts collected by the Southeastern Power 
Administration pursuant to the Flood Control Act to recover purchase 
power and wheeling expenses shall be credited to this account as 
offsetting collections, to remain available until expended for the sole 
purpose of making purchase power and wheeling expenditures as follows: 
for fiscal year 2001, up to $34,463,000; for fiscal year 2002, up to 
$26,463,000; for fiscal year 2003, up to $20,000,000; and for fiscal 
year 2004, up to $15,000,000.

      operation and maintenance, southwestern power administration

                     (including transfer of funds)

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, and 
for construction and acquisition of transmission lines, substations and 
appurtenant facilities, and for administrative expenses, including 
official reception and representation expenses in an amount not to 
exceed $1,500 in carrying out the provisions of section 5 of the Flood 
Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern 
power area, $28,100,000, to remain available until expended; in 
addition, notwithstanding the provisions of 31 U.S.C. 3302, not to 
exceed $4,200,000 in reimbursements, to remain available until 
expended: Provided, That amounts collected by the Southwestern Power 
Administration pursuant to the Flood Control Act to recover purchase 
power and wheeling expenses shall be credited to this account as 
offsetting collections, to remain available until expended for the sole 
purpose of making purchase power and wheeling expenditures as follows: 
for fiscal year 2001, up to $288,000; for fiscal year 2002, up to 
$288,000; for fiscal year 2003, up to $288,000; and for fiscal year 
2004, up to $288,000.

 construction, rehabilitation, operation and maintenance, western area 
                          power administration

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other 
related activities including conservation and renewable resources 
programs as authorized, including official reception and representation 
expenses in an amount not to exceed $1,500, $164,916,000, to remain 
available until expended, of which $154,616,000 shall be derived from 
the Department of the Interior Reclamation Fund: Provided, That of the 
amount herein appropriated, $5,950,000 is for deposit into the Utah 
Reclamation Mitigation and Conservation Account pursuant to title IV of 
the Reclamation Projects Authorization and Adjustment Act of 1992: 
Provided further, That amounts collected by the Western Area Power 
Administration pursuant to the Flood Control Act of 1944 and the 
Reclamation Project Act of 1939 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose of making 
purchase power and wheeling expenditures as follows: for fiscal year 
2001, up to $42,500,000; for fiscal year 2002, up to $33,500,000; for 
fiscal year 2003, up to $30,000,000; and for fiscal year 2004, up to 
$20,000,000.

           falcon and amistad operating and maintenance fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $2,670,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 423 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995.

                  Federal Energy Regulatory Commission

                         salaries and expenses

    For necessary expenses of the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 
U.S.C. 3109, the hire of passenger motor vehicles, and official 
reception and representation expenses (not to exceed $3,000), 
$175,200,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, not to exceed $175,200,000 
of revenues from fees and annual charges, and other services and 
collections in fiscal year 2001 shall be retained and used for 
necessary 2001 expenses in this account, and shall remain available 
until expended: Provided further, That the sum herein appropriated from 
the General Fund shall be reduced as revenues are received during 
fiscal year 2001 so as to result in a final fiscal year 2001 
appropriation from the General Fund estimated at not more than $0.

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY

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

                   (transfers of unexpended balances)

    Sec. 305. The unexpended balances of prior appropriations provided 
for activities in this Act may be transferred to appropriation accounts 
for such activities established pursuant to this title. Balances so 
transferred may be merged with funds in the applicable established 
accounts and thereafter may be accounted for as one fund for the same 
time period as originally enacted.
    Sec. 306. Notwithstanding 41 U.S.C. 254c(a), the Secretary of 
Energy may use funds appropriated by this Act to enter into or continue 
multi-year contracts for the acquisition of property or services under 
the head, ``Energy Supply'' without obligating the estimated costs 
associated with any necessary cancellation or termination of the 
contract. The Secretary of Energy may pay costs of termination or 
cancellation from--
            (1) appropriations originally available for the performance 
        of the contract concerned;
            (2) appropriations currently available for procurement of 
        the type of property or services concerned, and not otherwise 
        obligated; or
            (3) funds appropriated for those payments.
    Sec. 307. Of the funds in this Act provided to government-owned, 
contractor-operated laboratories, up to 8 percent shall be available to 
be used for Laboratory Directed Research and Development: Provided, 
That the funds in the Environmental Management programs of the 
Department of Energy are available for Laboratory Directed Research and 
Development.
    Sec. 308. (a) Of the funds appropriated by this title to the 
Department of Energy, not more than $200,000,000 shall be available for 
reimbursement of management and operating contractor travel expenses.
    (b) Funds appropriated by this title to the Department of Energy 
may be used to reimburse a Department of Energy management and 
operating contractor for travel costs of its employees under the 
contract only to the extent that the contractor applies to its 
employees the same rates and amounts as those that apply to Federal 
employees under subchapter I of chapter 57 of title 5, United States 
Code, or rates and amounts established by the Secretary of Energy. The 
Secretary of Energy may provide exceptions to the reimbursement 
requirements of this section as the Secretary considers appropriate.
    (c) The limitation in subsection (a) shall not apply to 
reimbursement of management and operating contractor travel expenses 
within the Laboratory Directed Research and Development program.
    Sec. 309. (a) None of the funds for the National Nuclear Security 
Administration in this Act or any future Energy and Water Development 
Appropriations Act may be expended after December 31 of each year under 
a covered contract unless the funds are expended in accordance with a 
Laboratory Funding Plan for Nuclear Security that has been approved by 
the Administrator of the National Nuclear Security Administration as 
part of the overall Laboratory Funding Plan required by section 310(a) 
of Public Law 106-60. At the beginning of each fiscal year, the 
Administrator shall issue directions to laboratories under a covered 
contract for the programs, projects, and activities of the National 
Nuclear Security Administration to be conducted at such laboratories in 
that fiscal year. The Administrator and the laboratories under a 
covered contract shall devise a Laboratory Funding Plan for Nuclear 
Security that identifies the resources needed to carry out these 
programs, projects, and activities. Funds shall be released to the 
Laboratories only after the Secretary has approved the overall 
Laboratory Funding Plan containing the Laboratory Funding Plan for 
Nuclear Security. The Secretary shall consult with the Administrator on 
the overall Laboratory Funding Plans for Los Alamos National 
Laboratory, Lawrence Livermore National Laboratory, and Sandia National 
Laboratories prior to approving them. The Administrator may provide 
exceptions to requirements pertaining to a Laboratory Funding Plan for 
Nuclear Security as the Administrator considers appropriate.
    (b) For purposes of this section, ``covered contract'' means a 
contract for the management and operation of the following 
laboratories: Argonne National Laboratory, Brookhaven National 
Laboratory, Idaho National Engineering and Environmental Laboratory, 
Lawrence Berkeley National Laboratory, Lawrence Livermore National 
Laboratory, Los Alamos National Laboratory, Oak Ridge National 
Laboratory, Pacific Northwest National Laboratory, and Sandia National 
Laboratories.
    Sec. 310. None of the funds provided in this Act may be used to 
establish or maintain independent centers at a Department of Energy 
laboratory or facility unless such funds have been specifically 
identified in the budget submission.
    Sec. 311. None of the funds made available in this or any other Act 
may be used to restart the High Flux Beam Reactor.
    Sec. 312. None of the funds in this Act may be used to dispose of 
transuranic waste in the Waste Isolation Pilot Plant which contains 
concentrations of plutonium in excess of 20 percent by weight for the 
aggregate of any material category on the date of the enactment of this 
Act, or is generated after such date.
    Sec. 313. Term of Office of Person First Appointed as Under 
Secretary for Nuclear Security of the Department of Energy. (a) Length 
of Term.--The term of office as Under Secretary for Nuclear Security of 
the Department of Energy of the first person appointed to that position 
shall be three years.
    (b) Exclusive Reasons for Removal.--The exclusive reasons for 
removal from office as Under Secretary for Nuclear Security of the 
person described in subsection (a) shall be inefficiency, neglect of 
duty, or malfeasance in office.
    (c) Position Described.--The position of Under Secretary for 
Nuclear Security of the Department of Energy referred to in this 
section is the position established by subsection (c) of section 202 of 
the Department of Energy Organization Act (42 U.S.C. 7132), as added by 
section 3202 of the National Nuclear Security Administration Act (title 
XXXII of Public Law 106-65; 113 Stat. 954)).
    Sec. 314. Scope of Authority of Secretary of Energy to Modify 
Organization of National Nuclear Security Administration. (a) Scope of 
Authority.--Subtitle A of the National Nuclear Security Administration 
Act (title XXXII of Public Law 106-65; 113 Stat. 957; 50 U.S.C. 2401 et 
seq.) is amended by adding at the end the following new section:

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

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

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

    ``(a) Except as otherwise expressly provided by statute, no funds 
authorized to be appropriated or otherwise made available for the 
Department of Energy may be obligated or utilized to pay the basic pay 
of an officer or employee of the Department of Energy who--
            ``(1) serves concurrently in a position in the 
        Administration and a position outside the Administration; or
            ``(2) performs concurrently the duties of a position in the 
        Administration and the duties of a position outside the 
        Administration.''
    ``(b) The provision of this section shall take effect 60 days after 
the date of enactment of this section.''.
    Sec. 316. The Administrator of the National Nuclear Security 
Administration may authorize the plant manager of a covered nuclear 
weapons production plant to engage in research, development, and 
demonstration activities with respect to the engineering and 
manufacturing capabilities at such plant in order to maintain and 
enhance such capabilities at such plant: Provided, That of the amount 
allocated to a covered nuclear weapons production plant each fiscal 
year from amounts available to the Department of Energy for such fiscal 
year for national security programs, not more than an amount equal to 2 
percent of such amount may be used for these activities: Provided 
further, That for purposes of this section, the term ``covered nuclear 
weapons production plant'' means the following:
            (1) The Kansas City Plant, Kansas City, Missouri.
            (2) The Y-12 Plant, Oak Ridge, Tennessee.
            (3) The Pantex Plant, Amarillo, Texas.
    Sec. 317. Limiting the Inclusion of Costs of Protection of, 
Mitigation of Damage to, and Enhancement of Fish and Wildlife, Within 
Rates Charged by the Bonneville Power Administration, to the Rate 
Period in Which the Costs are Incurred. Section 7 of the Pacific 
Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839e) 
is amended by adding at the end the following:
    ``(n) Limiting the Inclusion of Costs of Protection of, Mitigation 
of Damage to, and Enhancement of Fish and Wildlife, Within Rates 
Charged by the Bonneville Power Administration, to the Rate Period in 
Which the Costs are Incurred.--Notwithstanding any other provision of 
this section, rates established by the Administrator, under this 
section shall recover costs for protection, mitigation and enhancement 
of fish and wildlife, whether under the Pacific Northwest Electric 
Power Planning and Conservation Act or any other Act, not to exceed 
such amounts the Administrator forecasts will be expended during the 
fiscal year 2002-2006 rate period, while preserving the Administrator's 
ability to establish appropriate reserves and maintain a high Treasury 
payment probability for the subsequent rate period.''.
    Sec. 318. Notwithstanding any other law, and without fiscal year 
limitation, each Federal Power Marketing Administration is authorized 
to engage in activities and solicit, undertake and review studies and 
proposals relating to the formation and operation of a regional 
transmission organization.
    Sec. 319. (a) Limitation on Total Cost of Construction of National 
Ignition Facility.--Notwithstanding any other provision of law, the 
total amount that may be expended for purposes of construction of the 
National Ignition Facility, including conceptual and construction 
design associated with the Facility, may not exceed $74,100,000.
    (b) Independent Review of National Ignition Facility.--(1) The 
Administrator of the National Nuclear Security Administration shall 
provide for an independent review of the National Ignition Facility and 
the Inertial Confinement Fusion Program. The review shall be conducted 
by the National Academy of Sciences.
    (2) The review under paragraph (1) shall address the following:
            (A) Whether or not the National Ignition Facility is 
        required in order to maintain the safety and reliability of the 
        current nuclear weapons stockpile.
            (B) Whether or not alternatives to the National Ignition 
        Facility could achieve the objective of maintaining the safety 
        and reliability of the current nuclear weapons stockpile.
            (C) Any current technical problems with the National 
        Ignition Facility, including the effects of such problems on 
        the cost, schedule, or likely success of the National Ignition 
        Facility project.
            (D) The likely cost of the construction of the National 
        Ignition facility, including any conceptual and construction 
        design and manufacture associated with construction of the 
        Facility.
            (E) The potential effects of cost overruns in the 
        construction of the National Ignition Facility on the stockpile 
        stewardship program.
            (F) The cost and advisability of scaling back the number of 
        proposed beamlines at the National Ignition Facility.
    (3) Not later than September 1, 2001, the Administrator shall 
submit to Congress a report on the review conducted under this 
subsection. The report shall include the results of the review and such 
comments and recommendations regarding the results of the review as the 
Administrator considers appropriate.
    Sec. 320. (a) Finding.--Congress finds that the Department of 
Energy is seeking innovative technologies for the demilitarization of 
weapons components and the treatment of mixed waste resulting from the 
demilitarization of such components.
    (b) Evaluation of Adams Process.--The Secretary of Energy shall 
conduct an evaluation of the so-called ``Adams process'' currently 
being tested by the Department of Energy at its Diagnostic 
Instrumentation and Analysis Laboratory using funds of the Department 
of Defense.
    (c) Report.--Not later than September 30, 2001, the Secretary of 
Energy shall submit to Congress a report on the evaluation conducted 
under subsection (b).
    Sec. 321. Report on National Energy Policy. (a) Findings.--Congress 
finds that--
            (1) since July 1999--
                    (A) diesel prices have increased nearly 40 percent;
                    (B) liquid petroleum prices have increased 
                approximately 55 percent; and
                    (C) gasoline prices have increased approximately 50 
                percent;
            (2)(A) natural gas is the heating fuel for most homes and 
        commercial buildings; and
            (B) the price of natural gas increased 7.8 percent during 
        June 2000 and has doubled since 1999;
            (3) strong demand for gasoline and diesel fuel has resulted 
        in inventories of home heating oil that are down 39 percent 
        from a year ago;
            (4) rising oil and natural gas prices are a significant 
        factor in the 0.6 percent increase in the Consumer Price Index 
        for June 2000 and the 3.7 percent increase over the past 12 
        months;
            (5) demand for diesel fuel, liquid petroleum, and gasoline 
        has continued to increase while supplies have decreased;
            (6) the current energy crisis facing the United States has 
        had and will continue to have a detrimental impact on the 
        economy;
            (7) the price of energy greatly affects the input costs of 
        farmers, truckers, and small businesses; and
            (8) on July 21, 2000, in testimony before the Committee on 
        Agriculture, Nutrition, and Forestry of the Senate, the 
        Secretary of Energy stated that the Administration had 
        developed and was in the process of finalizing a plan to 
        address potential home heating oil and natural gas shortages.
    (b) Report.--Not later than September 30, 2000, the Secretary of 
Energy shall submit to Congress a report detailing the Department of 
Energy's plan to address the high cost of home heating oil and natural 
gas.
    Sec. 322. (a) Findings.--The Senate makes the following findings:
            (1) The closure or downsizing of a Department of Energy 
        facility can have serious economic impacts on communities that 
        have been built around and in support of the facility.
            (2) To mitigate the devastating impacts of the closure of 
        Department of Energy facilities on surrounding communities, 
        section 3161 of the National Defense Authorization Act for 
        Fiscal Year 1993 (42 U.S.C. 7274h) provides a mechanism for the 
        provision of financial assistance to such communities for 
        redevelopment and to assist employees of such facilities in 
        transferring to other employment.
            (3) Limitations on the capacity of the Department of Energy 
        to seek reprogramming of funds for worker and community 
        assistance programs in response to the closure or downsizing of 
        Department facilities undermines the capability of the 
        Department to respond appropriately to unforeseen 
        contingencies.
    (b) Sense of Senate.--It is the sense of the Senate that, in 
agreeing to the conference report to accompany the bill H.R. 4733 of 
the 106th Congress, the conferees on the part of the Senate should not 
recede to provisions or language proposed by the House of 
Representatives that would limit the capacity of the Department of 
Energy to augment funds available for worker and community assistance 
grants under section 3161 of the National Defense Authorization for 
Fiscal Year 1993 or under the provisions of the USEC Privatization Act 
(subchapter A of chapter 1 of title III of Public Law 104-134; 42 
U.S.C. 2297h et seq.).
    Sec. 323. Report on Impacts of a State-Imposed Limit on the 
Quantity of Spent Nuclear Fuel That May Be Stored Onsite. (a) Secretary 
of Energy.--Not later than 90 days after the date of enactment of this 
Act, the Secretary of Energy shall submit to Congress a report 
containing a description of all alternatives that are available to the 
Northern States Power Company and the Federal Government to allow the 
Company to continue to operate the Prairie Island Nuclear Generating 
Plant until the end of the term of the license issued to the Company by 
the Nuclear Regulatory Commission, in view of a law of the State of 
Minnesota that limits the quantity of spent nuclear fuel that may be 
stored at the Plant, assuming that existing Federal and State laws 
remain unchanged.
    Sec. 324. Limitation on Use of Funds To Promote or Advertise Public 
Tours. (a) In General.--Notwithstanding any other provision of law, no 
funds made available under this title shall be used to promote or 
advertise any public tour of the Yucca Mountain facility of the 
Department of Energy.
    (b) Applicability.--Subsection (a) does not apply to a public 
notice that is required by statute or regulation.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

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

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

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

                        Delta Regional Authority

                         salaries and expenses

    For necessary expenses to establish the Delta Regional Authority 
and to carry out its activities, $20,000,000, to remain available until 
expended, subject to enactment of authorization by law.

                           Denali Commission

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

                     Nuclear Regulatory Commission

                         salaries and expenses

    For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974, as amended, and the 
Atomic Energy Act of 1954, as amended, including official 
representation expenses (not to exceed $15,000), $481,900,000, to 
remain available until expended: Provided, That of the amount 
appropriated herein, $21,600,000 shall be derived from the Nuclear 
Waste Fund: Provided further, That revenues from licensing fees, 
inspection services, and other services and collections estimated at 
$457,100,000 in fiscal year 2001 shall be retained and used for 
necessary salaries and expenses in this account, notwithstanding 31 
U.S.C. 3302, and shall remain available until expended: Provided 
further, That $3,200,000 of the funds herein appropriated for 
regulatory reviews and assistance to other Federal agencies and States 
shall be excluded from license fee revenues, notwithstanding 42 U.S.C. 
2214: Provided further, That the sum herein appropriated shall be 
reduced by the amount of revenues received during fiscal year 2001 so 
as to result in a final fiscal year 2001 appropriation estimated at not 
more than $24,800,000.

                      office of inspector general

                     (including transfer of funds)

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $5,500,000, to remain available until expended: Provided, That 
revenues from licensing fees, inspection services, and other services 
and collections estimated at $5,500,000 in fiscal year 2001 shall be 
retained and be available until expended, for necessary salaries and 
expenses in this account: Provided further, That the sum herein 
appropriated shall be reduced by the amount of revenues received during 
fiscal year 2001 so as to result in a final fiscal year 2001 
appropriation estimated at not more than $0.

                  Nuclear Waste Technical Review Board

                         salaries and expenses

                     (including transfer of funds)

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

                GENERAL PROVISIONS--INDEPENDENT AGENCIES

    Sec. 401. Presidential Energy Commission. (a) Findings.--Congress 
finds that--
            (1) crude oil and natural gas account for two-thirds of 
        America's energy consumption;
            (2) in May 2000, United States natural gas stocks totaled 
        1,450 billion cubic feet, 36 percent below the normal natural 
        gas inventory of 2,281 billion cubic feet;
            (3) in July 2000, United States crude oil inventories 
        totaled 298,000,000 barrels, 11 percent below the 24-year 
        average of 334,000,000 barrels;
            (4) in June 2000, distillate fuel (heating oil and diesel 
        fuel) inventories totaled 103,700,000 barrels, 26 percent below 
        the 24-year average of 140,000,000 barrels;
            (5) combined shortages in inventories of natural gas, crude 
        oil, and distillate stocks, coupled with steady or increased 
        demand, could cause supply and price shocks that would likely 
        have a severe impact on consumers and the economy; and
            (6) energy supply is a critical national security issue.
    (b) Presidential Energy Commission.--
            (1) Establishment.--
                    (A) In general.--The President shall establish, 
                from among a group of not fewer than 30 persons 
                recommended jointly by the Speaker and Minority Leader 
                of the House of Representatives and the Majority Leader 
                and Minority Leader of the Senate, a Presidential 
                Energy Commission (referred to in this section as the 
                ``Commission''), which shall consist of between 15 and 
                21 representatives from among the following categories:
                            (i) Oil and natural gas producing States.
                            (ii) States with no oil or natural gas 
                        production.
                            (iii) Oil and natural gas industries.
                            (iv) Consumer groups focused on energy 
                        issues.
                            (v) Environmental groups.
                            (vi) Experts and analysts familiar with the 
                        supply and demand characteristics of all energy 
                        sectors.
                            (vii) The Energy Information 
                        Administration.
                    (B) Timing.--The appointments of the members of the 
                Commission shall be made not later than 30 days after 
                the date of enactment of this Act.
                    (C) Period of appointment.--Members shall be 
                appointed for the life of the Commission. Any vacancy 
                in the Commission shall not affect its powers, but 
                shall be filled in the same manner as the original 
                appointment.
                    (D) Chairperson.--The members of the Commission 
                shall appoint 1 of the members to serve as Chairperson 
                of the Commission.
                    (E) Initial meeting.--Not later than 30 days after 
                the date on which all members of the Commission have 
                been appointed, the Commission shall hold its first 
                meeting.
                    (F) Meetings.--The Commission shall meet at the 
                call of the Chairperson.
            (2) Duties.--
                    (A) In general.--The Commission shall--
                            (i) conduct a study, focusing primarily on 
                        the oil and natural gas industries, of--
                                    (I) the status of inventories of 
                                natural gas, crude oil, and distillate 
                                fuel in the United States, including 
                                trends and projections for those 
                                inventories;
                                    (II) the causes for and 
                                consequences of energy supply 
                                disruptions and energy product 
                                shortages nationwide and in particular 
                                regions;
                                    (III) ways in which the United 
                                States can become less dependent on 
                                foreign oil supplies;
                                    (IV) ways in which the United 
                                States can better manage and utilize 
                                its domestic energy resources;
                                    (V) ways in which alternative 
                                energy supplies can be used to reduce 
                                demand on traditional energy sectors;
                                    (VI) ways in which the United 
                                States can reduce energy consumption;
                                    (VII) the status of, problems with, 
                                and ways to improve--
                                            (aa) transportation and 
                                        delivery systems of energy 
                                        resources to locations 
                                        throughout the United States;
                                            (bb) refinery capacity and 
                                        utilization in the United 
                                        States; and
                                            (cc) natural gas, crude 
                                        oil, distillate fuel, and other 
                                        energy-related petroleum 
                                        product storage in the United 
                                        States; and
                                    (VIII) any other energy-related 
                                topic that the Commission considers 
                                pertinent; and
                            (ii) not later than 180 days after the date 
                        of enactment of this Act, submit to the 
                        President and Congress a report that contains--
                                    (I) a detailed statement of the 
                                findings and conclusions of the 
                                Commission; and
                                    (II) the recommendations of the 
                                Commission for such legislation and 
                                administrative actions as the 
                                Commission considers appropriate.
                    (B) Time period.--The findings made, analyses 
                conducted, conclusions reached, and recommendations 
                developed by the Commission in connection with the 
                study under subparagraph (A) shall cover a period 
                extending 10 years beyond the date of the report.
    (c) Use of Funds.--The Secretary of Energy shall use $500,000 of 
funds appropriated to the Department of Energy to fund the Commission.
    (d) Termination of Commission.--The Commission shall terminate on 
the date that is 90 days after the date on which the Commission submits 
its report under subsection (b)(2)(A)(ii).

                                TITLE V

              FISCAL YEAR 2000 SUPPLEMENTAL APPROPRIATIONS

                          DEPARTMENT OF ENERGY

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                      cerro grande fire activities

    For necessary expenses for fiscal year 2000 to remediate damaged 
Department of Energy facilities and for other expenses associated with 
the Cerro Grande fire, $203,460,000, to remain available until expended 
and to become available upon enactment, of which $2,000,000 shall be 
made available to the United States Army Corps of Engineers to 
undertake immediate measures to provide erosion control and sediment 
protection to sewage lines, trails, and bridges in Pueblo and Los 
Alamos Canyons downstream of Diamond Drive in New Mexico: Provided, 
That the entire amount shall be available only to the extent an 
official budget request for $204,000,000, that includes designation of 
the entire amount of the request as an emergency requirement as defined 
in the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress: Provided 
further, That the entire amount is designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                                TITLE VI

                               RESCISSION

                          DEPARTMENT OF ENERGY

                     Defense Nuclear Waste Disposal

                              (rescission)

    Of the funds appropriated in Public Law 104-46 for interim storage 
of nuclear waste, $85,000,000 are transferred to this heading and are 
hereby rescinded.

                               TITLE VII

                           GENERAL PROVISIONS

    Sec. 701. None of the funds appropriated by this Act may be used in 
any way, directly or indirectly, to influence congressional action on 
any legislation or appropriation matters pending before Congress, other 
than to communicate to Members of Congress as described in section 1913 
of title 18, United States Code.
    Sec. 702. (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the Congress that, to the greatest extent practicable, 
all equipment and products purchased with funds made available in this 
Act should be American-made.
     (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
    (c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to 
receive any contract or subcontract made with funds made available in 
this Act, pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 48, Code 
of Federal Regulations.
    Sec. 703. (a) None of the funds appropriated or otherwise made 
available by this Act may be used to determine the final point of 
discharge for the interceptor drain for the San Luis Unit until 
development by the Secretary of the Interior and the State of 
California of a plan, which shall conform to the water quality 
standards of the State of California as approved by the Administrator 
of the Environmental Protection Agency, to minimize any detrimental 
effect of the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program and the 
costs of the San Joaquin Valley Drainage Program shall be classified by 
the Secretary of the Interior as reimbursable or nonreimbursable and 
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment 
Plan'' described in the report entitled ``Repayment Report, Kesterson 
Reservoir Cleanup Program and San Joaquin Valley Drainage Program, 
February 1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United States 
relating to, or providing for, drainage service or drainage studies for 
the San Luis Unit shall be fully reimbursable by San Luis Unit 
beneficiaries of such service or studies pursuant to Federal 
Reclamation law.
    Sec. 704. Section 6101(a)(3) of the Omnibus Budget Reconciliation 
Act of 1990, as amended (42 U.S.C. 2214(a)(3)) and Public Law 106-60 
(113 Stat. 501), is further amended by striking ``September 30, 2000'' 
and inserting ``September 30, 2001''.
    Sec. 705. None of the funds appropriated by this Act shall be used 
to propose or issue rules, regulations, decrees, or orders for the 
purpose of implementation, or in preparation for implementation, of the 
Kyoto Protocol which was adopted on December 11, 1997, in Kyoto, Japan 
at the Third Conference of the Parties to the United Nations Framework 
Convention on Climate Change, which has not been submitted to the 
Senate for advice and consent to ratification pursuant to article II, 
section 2, clause 2, of the United States Constitution, and which has 
not entered into force pursuant to article 25 of the Protocol.
    Sec. 706. (a) Sections 5105, 5106 and 5109 of Division B of an Act 
making appropriations for military construction, family housing, and 
base realignment and closure for the Department of Defense for the 
fiscal year ending September 30, 2001, and for other purposes (Public 
Law 106-246), are repealed.
    (b) Subsection (a) shall take effect on the date of enactment of 
this Act.
    Sec. 707. Sale of Mineral Rights by the Tennessee Valley Authority. 
The Tennessee Valley Authority shall not proceed with the proposed sale 
of approximately 40,000 acres of mineral rights in land within the 
Daniel Boone National Forest, Kentucky, until after the Tennessee 
Valley Authority completes an environmental impact statement under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    Sec. 708. Report to Congress on Electricity Prices. (a) Findings.--
Congress finds that--
            (1) California is currently experiencing an energy crisis;
            (2) rolling power outages are a serious possibility;
            (3) wholesale electricity prices have soared, resulting in 
        electrical bills that have increased as much as 300 percent in 
        the San Diego area;
            (4) small business owners and people on small or fixed 
        incomes, especially senior citizens, are particularly 
        suffering;
            (5) the crisis is so severe that the County of San Diego 
        recently declared a financial state of emergency; and
            (6) the staff of the Federal Energy Regulatory Commission 
        (referred to in this section as the ``Commission'') is 
        currently investigating the crisis and is compiling a report to 
        be presented to the Commission not later than November 1, 2000.
    (b) Report.--
            (1) In general.--The Commission shall--
                    (A) continue the investigation into the cause of 
                the summer price spike described in subsection (a); and
                    (B) not later than December 1, 2000, submit to 
                Congress a report on the results of the investigation.
            (2) Contents.--The report shall include--
                    (A) data obtained from a hearing held by the 
                Commission in San Diego;
                    (B) identification of the causes of the San Diego 
                price increases;
                    (C) a determination whether California wholesale 
                electricity markets are competitive;
                    (D) a recommendation whether a regional price cap 
                should be set in the Western States;
                    (E) a determination whether manipulation of prices 
                has occurred at the wholesale level; and
                    (F) a determination of the remedies, including 
                legislation or regulations, that are necessary to 
                correct the problem and prevent similar incidents in 
                California or anywhere else in the United States.
    Sec. 709. Funding of the Coastal Wetlands Planning, Protection and 
Restoration Act. Section 4(a) of the Act of August 9, 1950 (16 U.S.C. 
777c(a)), is amended in the second sentence by striking ``2000'' and 
inserting ``2009''.
    Sec. 710. Redesignation of Interstate Sanitation Commission and 
District. (a) Interstate Sanitation Commission.--
            (1) In general.--The district known as the ``Interstate 
        Sanitation Commission'', established by article III of the Tri-
        State Compact described in the Resolution entitled, ``A Joint 
        Resolution granting the consent of Congress to the States of 
        New York, New Jersey, and Connecticut to enter into a compact 
        for the creation of the Interstate Sanitation District and the 
        establishment of the Interstate Sanitation Commission'', 
        approved August 27, 1935 (49 Stat. 933), is redesignated as the 
        ``Interstate Environmental Commission''.
            (2) References.--Any reference in a law, regulation, map, 
        document, paper, or other record of the United States to the 
        Interstate Sanitation Commission shall be deemed to be a 
        reference to the Interstate Environmental Commission.
    (b) Interstate Sanitation District.--
            (1) In general.--The district known as the ``Interstate 
        Sanitation District'', established by article II of the Tri-
        State Compact described in the Resolution entitled, ``A Joint 
        Resolution granting the consent of Congress to the States of 
        New York, New Jersey, and Connecticut to enter into a compact 
        for the creation of the Interstate Sanitation District and the 
        establishment of the Interstate Sanitation Commission'', 
        approved August 27, 1935 (49 Stat. 932), is redesignated as the 
        ``Interstate Environmental District''.
            (2) References.--Any reference in a law, regulation, map, 
        document, paper, or other record of the United States to the 
        Interstate Sanitation District shall be deemed to be a 
        reference to the Interstate Environmental District.

                               TITLE VIII

                       DEPARTMENT OF THE TREASURY

                       Bureau of the Public Debt

            supplemental appropriation for fiscal year 2001

      gifts to the united states for reduction of the public debt

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

                TITLE IX--NUCLEAR REGULATORY COMMISSION

                          Subtitle A--Funding

SEC. 901. NUCLEAR REGULATORY COMMISSION ANNUAL CHARGES.

    Section 6101 of the Omnibus Budget Reconciliation Act of 1990 (42 
U.S.C. 2214) is amended--
            (1) in subsection (a)(3), by striking ``September 30, 
        1999'' and inserting ``September 20, 2005''; and
            (2) in subsection (c)--
                    (A) in paragraph (1), by inserting ``or certificate 
                holder'' after ``licensee''; and
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Aggregate amount of charges.--
                    ``(A) In general.--The aggregate amount of the 
                annual charges collected from all licensees and 
                certificate holders in a fiscal year shall equal an 
                amount that approximates the percentages of the budget 
                authority of the Commission for the fiscal year stated 
                in subparagraph (B), less--
                            ``(i) amounts collected under subsection 
                        (b) during the fiscal year; and
                            ``(ii) amounts appropriated to the 
                        Commission from the Nuclear Waste Fund for the 
                        fiscal year.
                    ``(B) Percentages.--The percentages referred to in 
                subparagraph (A) are--
                            ``(i) 98 percent for fiscal year 2002;
                            ``(ii) 96 percent for fiscal year 2003;
                            ``(iii) 94 percent for fiscal year 2004;
                            ``(iv) 92 percent for fiscal year 2005; and
                            ``(v) 88 percent for fiscal year 2006.''.

SEC. 902. NUCLEAR REGULATORY COMMISSION AUTHORITY OVER FORMER LICENSEES 
              FOR DECOMMISSIONING FUNDING.

    Section 161i. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(i)) 
is amended--
            (1) by striking ``and (3)'' and inserting ``(3)''; and
            (2) by inserting before the semicolon at the end the 
        following: ``, and (4) to ensure that sufficient funds will be 
        available for the decommissioning of any production or 
        utilization facility licensed under section 103 or 104b., 
        including standards and restrictions governing the control, 
        maintenance, use, and disbursement by any former licensee under 
        this Act that has control over any fund for the decommissioning 
        of the facility''.

SEC. 903. COST RECOVERY FROM GOVERNMENT AGENCIES.

    Section 161w. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(w)) 
is amended--
            (1) by striking ``, or which operates any facility 
        regulated or certified under section 1701 or 1702,'';
            (2) by striking ``483a'' and inserting ``9701''; and
            (3) by inserting before the period at the end the 
        following: ``, and, commencing October 1, 2000, prescribe and 
        collect from any other Government agency any fee, charge, or 
        price that the Commission may require in accordance with 
        section 9701 of title 31, United States Code, or any other 
        law''.

                      Subtitle B--Other Provisions

SEC. 911. OFFICE LOCATION.

    Section 23 of the Atomic Energy Act of 1954 (42 U.S.C. 2033) is 
amended by striking ``; however, the Commission shall maintain an 
office for the service of process and papers within the District of 
Columbia''.

SEC. 912. LICENSE PERIOD.

    Section 103c. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(c)) 
is amended--
            (1) by striking ``c. Each such'' and inserting the 
        following:
    ``c. License Period.--
            ``(1) In general.--Each such''; and
            (2) by adding at the end the following:
            ``(2) Combined licenses.--In the case of a combined 
        construction and operating license issued under section 185(b), 
        the initial duration of the license may not exceed 40 years 
        from the date on which the Commission finds, before operation 
        of the facility, that the acceptance criteria required by 
        section 185(b) are met.''.

SEC. 913. ELIMINATION OF NRC ANTITRUST REVIEWS.

    Section 105 of the Atomic Energy Act of 1954 (42 U.S.C. 2135) is 
amended by adding at the end the following:
    ``(d) Applicability.--Subsection (c) shall not apply to an 
application for a license to construct or operate a utilization 
facility under section 103 or 104(b) that is pending on or that is 
filed on or after the date of enactment of this subsection.''.

SEC. 914. GIFT ACCEPTANCE AUTHORITY.

    (a) In General.--Section 161g. of the Atomic Energy Act of 1954 (42 
U.S.C. 2201(g)) is amended--
            (1) by inserting ``(1)'' after ``(g)'';
            (2) by striking ``this Act;'' and inserting ``this Act; 
        or''; and
            (3) by adding at the end the following:
            ``(2) accept, hold, utilize, and administer gifts of real 
        and personal property (not including money) for the purpose of 
        aiding or facilitating the work of the Nuclear Regulatory 
        Commission.''.
    (b) Criteria for Acceptance of Gifts.--
            (1) In general.--Chapter 14 of title I of the Atomic Energy 
        Act of 1954 (42 U.S.C. 2201 et seq.) is amended by adding at 
        the end the following:

``SEC. 170C. CRITERIA FOR ACCEPTANCE OF GIFTS.

    ``(a) In General.--The Commission shall establish written criteria 
for determining whether to accept gifts under section 161g.(2).
    ``(b) Considerations.--The criteria under subsection (a) shall take 
into consideration whether the acceptance of the gift would compromise 
the integrity of, or the appearance of the integrity of, the Commission 
or any officer or employee of the Commission.''.
            (2) Conforming and technical amendments.--The table of 
        contents of chapter 14 of title I of the Atomic Energy Act of 
        1954 (42 U.S.C. prec. 2011) is amended by adding at the end the 
        following:

``Sec. 170C. Criteria for acceptance of gifts.''.

SEC. 915. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES.

    (a) In General.--Chapter 14 of title I of the Atomic Energy Act of 
1954 (42 U.S.C. 2201 et seq.) (as amended by section 914(b)(1)) is 
amended--
            (1) in section 161, by striking subsection k. and inserting 
        the following:
    ``(k) authorize to carry a firearm in the performance of official 
duties such of its members, officers, and employees, such of the 
employees of its contractors and subcontractors (at any tier) engaged 
in the protection of property under the jurisdiction of the United 
States located at facilities owned by or contracted to the United 
States or being transported to or from such facilities, and such of the 
employees of persons licensed or certified by the Commission (including 
employees of contractors of licensees or certificate holders) engaged 
in the protection of facilities owned or operated by a Commission 
licensee or certificate holder that are designated by the Commission or 
in the protection of property of significance to the common defense and 
security located at facilities owned or operated by a Commission 
licensee or certificate holder or being transported to or from such 
facilities, as the Commission considers necessary in the interest of 
the common defense and security;'' and
            (2) by adding at the end the following:

``SEC. 170D. CARRYING OF FIREARMS.

    ``(a) Authority To Make Arrest.--
            ``(1) In general.--A person authorized under section 161k. 
        to carry a firearm may, while in the performance of, and in 
        connection with, official duties, arrest an individual without 
        a warrant for any offense against the United States committed 
        in the presence of the person or for any felony under the laws 
        of the United States if the person has a reasonable ground to 
        believe that the individual has committed or is committing such 
        a felony.
            ``(2) Limitation.--An employee of a contractor or 
        subcontractor or of a Commission licensee or certificate holder 
        (or a contractor of a licensee or certificate holder) 
        authorized to make an arrest under paragraph (1) may make an 
        arrest only--
                    ``(A) when the individual is within, or is in 
                flight directly from, the area in which the offense was 
                committed; and
                    ``(B) in the enforcement of--
                            ``(i) a law regarding the property of the 
                        United States in the custody of the Department 
                        of Energy, the Nuclear Regulatory Commission, 
                        or a contractor of the Department of Energy or 
                        Nuclear Regulatory Commission or a licensee or 
                        certificate holder of the Commission;
                            ``(ii) a law applicable to facilities owned 
                        or operated by a Commission licensee or 
                        certificate holder that are designated by the 
                        Commission under section 161k.;
                            ``(iii) a law applicable to property of 
                        significance to the common defense and security 
                        that is in the custody of a licensee or 
                        certificate holder or a contractor of a 
                        licensee or certificate holder of the 
                        Commission; or
                            ``(iv) any provision of this Act that 
                        subjects an offender to a fine, imprisonment, 
                        or both.
            ``(3) Other authority.--The arrest authority conferred by 
        this section is in addition to any arrest authority under other 
        law.
            ``(4) Guidelines.--The Secretary and the Commission, with 
        the approval of the Attorney General, shall issue guidelines to 
        implement section 161k. and this subsection.''.
    (b) Conforming and Technical Amendments.--The table of contents of 
chapter 14 of title I of the Atomic Energy Act of 1954 (42 U.S.C. prec. 
2011) (as amended by section 914(b)(2)) is amended by adding at the end 
the following:

``Sec. 170D. Carrying of firearms.''.

SEC. 916. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.

    Section 229a. of the Atomic Energy Act of 1954 (42 U.S.C. 2278a(a)) 
is amended in the first sentence by inserting ``or subject to the 
licensing authority of the Commission or to certification by the 
Commission under this Act or any other Act'' before the period at the 
end.

SEC. 917. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.

    Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)) 
is amended--
            (1) in paragraph (2), by striking ``storage facility'' and 
        inserting ``storage, treatment, or disposal facility'';
            (2) in paragraph (3)--
                    (A) by striking ``such a utilization facility'' and 
                inserting ``a utilization facility licensed under this 
                Act''; and
                    (B) by striking ``or'' at the end;
            (3) in paragraph (4)--
                    (A) by striking ``facility licensed'' and inserting 
                ``or nuclear fuel fabrication facility licensed or 
                certified''; and
                    (B) by striking the period at the end and inserting 
                ``; or''; and
            (4) by adding at the end the following:
            ``(5) any production, utilization, waste storage, waste 
        treatment, waste disposal, uranium enrichment, or nuclear fuel 
        fabrication facility subject to licensing or certification 
        under this Act during construction of the facility, if the 
        person knows or reasonably should know that there is a 
        significant possibility that the destruction or damage caused 
        or attempted to be caused could adversely affect public health 
        and safety during the operation of the facility.''.
    This Act may be cited as the ``Energy and Water Development 
Appropriations Act, 2001''.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                               H. R. 4733

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                               AMENDMENT

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