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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4733 Reported in House (RH)]

                                                 Union Calendar No. 390
106th CONGRESS
  2d Session
                                H. R. 4733

                          [Report No. 106-693]

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 23, 2000

    Mr. Packard, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL

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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 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, $153,327,000, to remain available until expended: 
Provided, That in conducting the Southwest Valley Flood Damage 
Reduction, Albuquerque, New Mexico, study, 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 
feasibility analysis based on restrictive policies regarding the 
frequency of flooding, the drainage area, and the amount of runoff.

                         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), $1,378,430,000, to 
remain available until expended, of which such sums as are necessary 
for the Federal share of construction costs for facilities under the 
Dredged Material Disposal Facilities program shall be derived from the 
Harbor Maintenance Trust Fund, as authorized by Public Law 104-303; and 
of which such sums as are necessary pursuant to Public Law 99-662 shall 
be derived from the Inland Waterways Trust Fund, for one-half of the 
costs of construction and rehabilitation of inland waterways projects, 
including rehabilitation costs for the Lock and Dam 12, Mississippi 
River, Iowa; Lock and Dam 24, Mississippi River, Illinois and Missouri; 
Lock and Dam 3, Mississippi River, Minnesota; and London Locks and Dam, 
and Kanawha River, West Virginia, projects; and of which funds are 
provided for the following projects in the amounts specified:
    San Timoteo Creek (Santa Ana River Mainstem), California, 
$5,000,000;
    Indianapolis Central Waterfront, Indiana, $7,000,000;
    Southern and Eastern Kentucky, Kentucky, $4,000,000;
    Clover Fork, Middlesboro, Town of Martin, Pike County (including 
Levisa Fork and Tug Fork Tributaries), Bell County, Martin County, and 
Harlan County, Kentucky, elements of the Levisa and Tug Forks of the 
Big Sandy River and Upper Cumberland River, Kentucky, $19,000,000: 
Provided, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to proceed with planning, engineering, design 
and construction of the Town of Martin, Kentucky, element, in 
accordance with Plan A as set forth in the preliminary draft Detailed 
Project Report, Appendix T of the General Plan of the Huntington 
District Commander: Provided further, That using $900,000 of the funds 
appropriated herein, the Secretary of the Army, acting through the 
Chief of Engineers, is directed to undertake the Bowie County Levee 
project, which is defined as Alternative B Local Sponsor Option, in the 
Corps of Engineers document entitled Bowie County Local Flood 
Protection, Red River, Texas, Project Design Memorandum No. 1, Bowie 
County Levee, dated April 1997.

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

                   Operation and Maintenance, General

    For expenses necessary for the preservation, operation, 
maintenance, and care of existing river and harbor, flood control, and 
related works, including such sums as may be necessary for the 
maintenance of harbor channels provided by a State, municipality or 
other public agency, outside of harbor lines, and serving essential 
needs of general commerce and navigation; surveys and charting of 
northern and northwestern lakes and connecting waters; clearing and 
straightening channels; and removal of obstructions to navigation, 
$1,854,000,000, to remain available until expended, of which such sums 
as become available in the Harbor Maintenance Trust Fund, pursuant to 
Public Law 99-662, may be derived from that Fund, and of which such 
sums as become available from the special account established by the 
Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l), 
may be derived from that account for construction, operation, and 
maintenance of outdoor recreation facilities.

                           Regulatory Program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $125,000,000, to remain 
available until expended: Provided, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to use funds 
appropriated herein to: (1) by March 1, 2001, revise 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 proposed rule and the 
rule promulgated and published in the Federal Register; (2) 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 so that within two years the number of 
pending individual permits shall not be greater than the number of said 
permits pending at the end of fiscal year 1999. The Permit Processing 
Management Plan shall include specific objective criteria by which the 
Corps of Engineers progress towards reducing any permit backlog can be 
measured; (3) beginning on December 31, 2001, and at the end of each 
quarter 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 one-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 beginning within 30 days of 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 Corps 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 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 ``filed'' shall mean the date an applicant first submits its 
application or notification to the Corps and not the date the 
application or notification is deemed complete.

            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, $149,500,000, 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. 16 U.S.C. 777c(a) is amended in the second sentence by 
striking ``2000'' and inserting ``2001''.
    Sec. 102. (a) The Secretary of the Army shall enter into an 
agreement with the City of Grand Prairie, Texas, wherein the City 
agrees to assume all of the responsibilities of the Trinity River 
Authority of Texas under Contract #DACW63-76-C-0166, other than 
financial responsibilities, except as provided for in subsection (c) of 
this section. The Trinity River Authority shall be relieved of all of 
its financial responsibilities under the Contract as of the date the 
Secretary of the Army enters into the agreement with the City.
    (b) In consideration of the agreement referred to in subsection 
(a), the City shall pay the Federal Government a total of $4,290,000 in 
two installments, one in the amount of $2,150,000, which shall be due 
and payable no later than December 1, 2000, and one in the amount of 
$2,140,000, which shall be due and payable no later than December 1, 
2003.
    (c) The agreement executed pursuant to subsection (a) shall include 
a provision requiring the City to assume all costs associated with 
operation and maintenance of the recreation facilities included in the 
Contract referred to in that subsection.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                central utah project completion account

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

                         Bureau of Reclamation

    The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation:

                      water and related resources

                     (including transfer of funds)

    For management, development, and restoration of water and related 
natural resources and for related activities, including the operation, 
maintenance and rehabilitation of reclamation and other facilities, 
participation in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and other agreements 
with, State and local governments, Indian tribes, and others, 
$635,777,000, to remain available until expended, of which $1,916,000 
shall be available for transfer to the Upper Colorado River Basin Fund 
and $39,467,000 shall be available for transfer to the Lower Colorado 
River Basin Development Fund; of which such amounts as may be necessary 
may be advanced to the Colorado River Dam Fund; and of which not to 
exceed $200,000 is for financial assistance for the preparation of 
cooperative drought contingency plans under Title II of Public Law 102-
250: 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 Minidoka Project North Side Pumping 
Division, Idaho, by section 5 of Public Law 81-864, is increased by 
$2,805,000: Provided further, That none of the funds appropriated in 
this Act may be used by the Bureau of Reclamation for closure of the 
Auburn Dam, California, diversion tunnel or restoration of the American 
River channel through the Auburn Dam construction site.

               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, $47,000,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: 
Provided, That no part of any other appropriation in this Act shall be 
available for activities or functions budgeted as policy and 
administration expenses.

                        administrative provision

    Appropriations for the Bureau of Reclamation shall be available for 
purchase of not to exceed four passenger motor vehicles for replacement 
only.

                           GENERAL PROVISIONS

                       DEPARTMENT OF THE INTERIOR

    Sec. 201. None of the funds appropriated or otherwise made 
available by this or any other Act may be used to pay the salaries and 
expenses of personnel to purchase or lease water in the Middle Rio 
Grande or the Carlsbad Projects in New Mexico unless said purchase or 
lease is in compliance with the purchase requirements of section 202 of 
Public Law 106-60.
    Sec. 202. The Secretary of the Interior is authorized to assess and 
collect annually from Central Valley Project (CVP) water and power 
contractors the sum of $540,000 (June 2000 price levels), and to remit 
that amount annually to the Trinity Public Utilities District (TPUD). 
This assessment shall be payable 70% by CVP Preference Power Customers 
and 30% by CVP Water Contractors. The CVP Water Contractor share of 
this assessment shall be collected by the Secretary through established 
Bureau of Reclamation (Reclamation) Operation and Maintenance 
ratesetting practices. The CVP Power Contractor share of this 
assessment shall be assessed by Reclamation to the Western Area Power 
Administration, Sierra Nevada Region (Western), and collected by 
Western through established power ratesetting practices. The authorized 
amount collected shall be paid annually to the TPUD.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                             Energy Supply

    For Department of Energy expenses including the purchase, 
construction and acquisition of plant and capital equipment, and other 
expenses necessary for energy supply, and uranium supply and enrichment 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion; and the purchase of 
not to exceed 17 passenger motor vehicles for replacement only, 
$576,482,000 to remain available until expended: Provided, That, in 
addition, royalties received to compensate the Department of Energy for 
its participation in the First-Of-A-Kind-Engineering program shall be 
credited to this account to be available until September 30, 2002, for 
the purposes of Nuclear Energy, Science and Technology activities.

                  Non-Defense Environmental Management

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental management activities 
in carrying out the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation 
of any real property or any facility or for plant or facility 
acquisition, construction or expansion, $281,001,000, to remain 
available until expended.

             Uranium Facilities Maintenance and Remediation

                     (including transfer of funds)

    For necessary expenses to maintain, decontaminate, decommission, 
and otherwise remediate uranium processing facilities, $301,400,000, of 
which $260,000,000 shall be derived from the Uranium Enrichment 
Decontamination and Decommissioning Fund and of which $12,000,000 shall 
be derived by transfer from the United States Enrichment Corporation 
Fund, all of which shall remain available until expended.

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

                         Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $213,000,000, 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 available solely to the Nevada Division of Emergency Management 
by direct payment and units of local government by direct payment: 
Provided further, That within 90 days of the completion of each Federal 
fiscal year, the Nevada Division of Emergency Management and the 
Governor of the State of Nevada and each local entity shall provide 
certification to the Department of Energy that all funds expended from 
such payments have been expended for activities authorized by Public 
Law 97-425 and this Act. Failure to provide such certification shall 
cause such entity to be prohibited from any further funding provided 
for similar activities: Provided further, That none of the funds herein 
appropriated may be: (1) used directly or indirectly to influence 
legislative action on any matter pending before Congress or a State 
legislature or for lobbying activity as provided in 18 U.S.C. 1913; (2) 
used for litigation expenses; or (3) used to support multi-state 
efforts or other coalition building activities inconsistent with the 
restrictions contained in this Act: Provided further, That all proceeds 
and recoveries by the Secretary in carrying out activities authorized 
by the Nuclear Waste Policy Act of 1982 in Public Law 97-425, as 
amended, including but not limited to, any proceeds from the sale of 
assets, shall be available without further appropriation and shall 
remain available until expended.

                      Departmental Administration

    For salaries and expenses of the Department of Energy necessary for 
departmental administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the hire of passenger motor vehicles and official reception 
and representation expenses (not to exceed $35,000), $153,527,000, 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 
$111,000,000 in fiscal year 2001 may be retained and used for operating 
expenses within this account, and may remain available until expended, 
as authorized by section 201 of Public Law 95-238, notwithstanding the 
provisions of 31 U.S.C. 3302: Provided further, That the sum herein 
appropriated shall be reduced by the amount of miscellaneous revenues 
received during fiscal year 2001 so as to result in a final fiscal year 
2001 appropriation from the General Fund estimated at not more than 
$42,527,000.

                    Office of the Inspector General

    For necessary expenses of the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $31,500,000, to remain available until expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion; and the purchase of 
passenger motor vehicles (not to exceed 12 for replacement only), 
$4,625,684,000, to remain available until October 1, 2003.

                    Defense Nuclear Nonproliferation

    For Department of Energy expenses necessary for atomic energy 
defense and defense nuclear nonproliferation activities to carry out 
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including acquisition (by purchase, condemnation, construction, or 
otherwise) of real property, plant and capital equipment, facilities, 
and facility expansion, $861,477,000, to remain available until October 
1, 2003: Provided, That not to exceed $7,000 may be used for official 
reception and representation expenses for national security and 
nonproliferation (including transparency) activities in fiscal year 
2001.

                             Naval Reactors

    For Department of Energy expenses necessary for naval reactors 
activities to carry out the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition (by purchase, 
condemnation, construction, or otherwise) of real property, plant, and 
capital equipment, facilities, and facility expansion, $677,600,000, to 
remain available until expended.

                    OTHER DEFENSE RELATED ACTIVITIES

         Defense Environmental Restoration and Waste Management

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense environmental restoration 
and waste management activities in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion; and the purchase of 30 passenger motor vehicles for 
replacement only, $4,522,707,000, to remain available until expended: 
Provided, That any amounts appropriated under this heading that are 
used to provide economic assistance under section 15 of the Waste 
Isolation Pilot Plant Land Withdrawal Act, Public Law 102-579, shall be 
utilized to the extent necessary to reimburse costs of financial 
assurances required of a contractor by any permit or license of the 
Waste Isolation Pilot Plant issued by the State of New Mexico.

                  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.), $259,000,000, 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, $592,235,000, to remain 
available until expended.

                     Defense Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $200,000,000, to remain 
available until expended.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for the Nez 
Perce Tribe Resident Fish Substitution Program, the Cour D'Alene Tribe 
Trout Production facility, and for official reception and 
representation expenses in an amount not to exceed $1,500.
    During fiscal year 2001, no new direct loan obligations may be 
made.

      Operation and Maintenance, Southeastern Power Administration

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

      Operation and Maintenance, Southwestern Power Administration

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

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

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other 
related activities including conservation and renewable resources 
programs as authorized, including official reception and representation 
expenses in an amount not to exceed $1,500, $160,930,000, 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, $4,036,000 is for deposit into the Utah 
Reclamation Mitigation and Conservation Account pursuant to title IV of 
the Reclamation Projects Authorization and Adjustment Act of 1992: 
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 $35,500,000; 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 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 may be 
used to award a management and operating contract unless such contract 
is awarded using competitive procedures or the Secretary of Energy 
grants, on a case-by-case basis, a waiver to allow for such a 
deviation. The Secretary may not delegate the authority to grant such a 
waiver.
    (b) At least 60 days before a contract award, amendment, or 
modification for which the Secretary intends to grant such a waiver, 
the Secretary shall submit to the Subcommittees on Energy and Water 
Development of the Committees on Appropriations of the House of 
Representatives and the Senate a report notifying the subcommittees of 
the waiver and setting forth the reasons for the waiver.
    Sec. 302. (a) None of the funds appropriated by this Act may be 
used to award, amend, or modify a contract in a manner that deviates 
from the Federal Acquisition Regulation, unless the Secretary of Energy 
grants, on a case-by-case basis, a waiver to allow for such a 
deviation. The Secretary may not delegate the authority to grant such a 
waiver.
    (b) At least 60 days before a contract award, amendment, or 
modification for which the Secretary intends to grant such a waiver, 
the Secretary shall submit to the Subcommittees on Energy and Water 
Development of the Committees on Appropriations of the House of 
Representatives and the Senate a report notifying the subcommittees of 
the waiver and setting forth the reasons for the waiver.
    Sec. 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 
augment the $24,500,000 made available for obligation by this Act for 
severance payments and other benefits and community assistance grants 
under section 3161 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 7274h).
    Sec. 305. 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. 306. The unexpended balances of prior appropriations provided 
for activities in this Act may be transferred to appropriation accounts 
for such activities established pursuant to this title. Balances so 
transferred may be merged with funds in the applicable established 
accounts and thereafter may be accounted for as one fund for the same 
time period as originally enacted.
    Sec. 307. Of the funds in this Act provided to government-owned, 
contractor-operated laboratories, not to exceed 4 percent shall be 
available to be used for Laboratory Directed Research and Development.
    Sec. 308. (a) Of the funds appropriated by this title to the 
Department of Energy, not more than $150,000,000 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.
    Sec. 309. No funds are provided in this Act or any other Act for 
the Administrator of the Bonneville Power Administration to enter into 
any agreement to perform energy efficiency services outside the legally 
defined Bonneville service territory, with the exception of services 
provided internationally, including services provided on a reimbursable 
basis, unless the Administrator certifies that such services are not 
available from private sector businesses.
    Sec. 310. None of the funds appropriated in this or any previous 
Energy and Water Development Appropriation Act for payment into the 
Department of Energy Working Capital Fund may be used to pay salaries 
and expenses of any employee of the United States Government.

                                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, 
$63,000,000, to remain available until expended.

                DEFENSE NUCLEAR FACILITIES SAFETY BOARD

                         Salaries and Expenses

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

    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 notwithstanding 31 U.S.C. 3302: Provided 
further, That the sum herein appropriated shall be reduced by the 
amount of revenues received during fiscal year 2001 so as to result in 
a final fiscal year 2001 appropriation estimated at not more than $0.

                  NUCLEAR WASTE TECHNICAL REVIEW BOARD

                         Salaries and Expenses

    For necessary expenses of the Nuclear Waste Technical Review Board, 
as authorized by Public Law 100-203, section 5051, $2,700,000, to be 
derived from the Nuclear Waste Fund, and to remain available until 
expended.

                          TITLE V--RESCISSIONS

                          DEPARTMENT OF ENERGY

                       Interim Storage Activities

                     (including transfer of funds)

                              (rescission)

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

                      TITLE VI--GENERAL PROVISIONS

    Sec. 601. None of the funds appropriated by this Act may be used in 
any way, directly or indirectly, to influence congressional action on 
any legislation or appropriation matters pending before Congress, other 
than to communicate to Members of Congress as described in section 1913 
of title 18, United States Code.
    Sec. 602. (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the Congress that, to the greatest extent practicable, 
all equipment and products purchased with funds made available in this 
Act should be American-made.
     (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
     (c) Prohibition of Contracts With Persons Falsely Labeling 
Products as Made in America.--If it has been finally determined by a 
court or Federal agency that any person intentionally affixed a label 
bearing a ``Made in America'' inscription, or any inscription with the 
same meaning, to any product sold in or shipped to the United States 
that is not made in the United States, the person shall be ineligible 
to receive any contract or subcontract made with funds made available 
in this Act, pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 48, Code 
of Federal Regulations.
    Sec. 603. (a) None of the funds appropriated or otherwise made 
available by this Act may be used to determine the final point of 
discharge for the interceptor drain for the San Luis Unit until 
development by the Secretary of the Interior and the State of 
California of a plan, which shall conform to the water quality 
standards of the State of California as approved by the Administrator 
of the Environmental Protection Agency, to minimize any detrimental 
effect of the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program and the 
costs of the San Joaquin Valley Drainage Program shall be classified by 
the Secretary of the Interior as reimbursable or nonreimbursable and 
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment 
Plan'' described in the report entitled ``Repayment Report, Kesterson 
Reservoir Cleanup Program and San Joaquin Valley Drainage Program, 
February 1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United States 
relating to, or providing for, drainage service or drainage studies for 
the San Luis Unit shall be fully reimbursable by San Luis Unit 
beneficiaries of such service or studies pursuant to Federal 
Reclamation law.
    Sec. 604. Section 6101(a)(3) of the Omnibus Budget Reconciliation 
Act of 1990, as amended (42 U.S.C. 2214(a)(3)) is amended by striking 
``September 30, 2000'' and inserting ``September 30, 2001''.
    Sec. 605. 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. 606. The Energy Policy and Conservation Act is amended--
            (1) by amending section 166 (42 U.S.C. 6246) to read as 
        follows:

                   ``authorization of appropriations

    ``Sec. 166. There are authorized to be appropriated for fiscal 
years 2000 and 2001 such sums as may by necessary to implement this 
part.'';
            (2) in section 181 (42 U.S.C. 6251) by striking ``March 31, 
        2000'' both places it appears and inserting ``September 30, 
        2001''; and
            (3) in section 281 (42 U.S.C. 6285) by striking ``March 31, 
        2000'' both places it appears and inserting ``September 30, 
        2001''.
    This Act may be cited as the ``Energy and Water Development 
Appropriations Act, 2001''.
                                                 Union Calendar No. 390

106th CONGRESS

  2d Session

                               H. R. 4733

                          [Report No. 106-693]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             June 23, 2000

    Reported from the Committee on Appropriations, committed to the 
Committee of the Whole House on the State of the Union, and ordered to 
                               be printed
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