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

                                                       Calendar No. 688
106th CONGRESS
  2d Session
                                H.R. 4733

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

Rule___________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 28, 2000

  Received; read twice and referred to the Committee on Appropriations

                             July 18, 2000

              Reported by Mr. Domenici, with an amendment
 [Strike all after the enacting clause and insert the part printed in 
                                italic]

_______________________________________________________________________

                                 AN ACT

 
 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,
<DELETED>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:</DELETED>

                       <DELETED>TITLE I</DELETED>

            <DELETED>DEPARTMENT OF DEFENSE--CIVIL</DELETED>

               <DELETED>DEPARTMENT OF THE ARMY</DELETED>

              <DELETED>Corps of Engineers--Civil</DELETED>

<DELETED>    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.</DELETED>

               <DELETED>General Investigations</DELETED>

<DELETED>    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.</DELETED>

                <DELETED>Construction, General</DELETED>

<DELETED>    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:</DELETED>
<DELETED>    San Timoteo Creek (Santa Ana River Mainstem), California, 
$5,000,000;</DELETED>
<DELETED>    Indianapolis Central Waterfront, Indiana, 
$7,000,000;</DELETED>
<DELETED>    Southern and Eastern Kentucky, Kentucky, $4,000,000; 
and</DELETED>
<DELETED>    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.</DELETED>

 <DELETED>Flood Control, Mississippi River and Tributaries, Arkansas, 
       Illinois, Kentucky, Louisiana, Mississippi, Missouri, and 
                          Tennessee</DELETED>

<DELETED>    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.</DELETED>

         <DELETED>Operation and Maintenance, General</DELETED>

<DELETED>    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.</DELETED>

                 <DELETED>Regulatory Program</DELETED>

<DELETED>    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, 
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.</DELETED>

   <DELETED>Formerly Utilized Sites Remedial Action Program</DELETED>

<DELETED>    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.</DELETED>

                  <DELETED>General Expenses</DELETED>

<DELETED>    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.</DELETED>

                   <DELETED>Revolving Fund</DELETED>

<DELETED>    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.</DELETED>

              <DELETED>Administrative Provisions</DELETED>

<DELETED>    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.</DELETED>

                 <DELETED>GENERAL PROVISIONS</DELETED>

              <DELETED>Corps of Engineers--Civil</DELETED>

<DELETED>    Sec. 101. 16 U.S.C. 777c(a) is amended in the second 
sentence by striking ``2000'' and inserting ``2001''.</DELETED>
<DELETED>    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 No. 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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

                      <DELETED>TITLE II</DELETED>

             <DELETED>DEPARTMENT OF THE INTERIOR</DELETED>

                <DELETED>Central Utah Project</DELETED>

       <DELETED>central utah project completion account</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>

                <DELETED>Bureau of Reclamation</DELETED>

<DELETED>    The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation:</DELETED>

             <DELETED>water and related resources</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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.</DELETED>

     <DELETED>bureau of reclamation loan program account</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>

       <DELETED>central valley project restoration fund</DELETED>

<DELETED>    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.</DELETED>

              <DELETED>policy and administration</DELETED>

<DELETED>    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.</DELETED>

              <DELETED>administrative provision</DELETED>

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

                 <DELETED>GENERAL PROVISIONS</DELETED>

             <DELETED>DEPARTMENT OF THE INTERIOR</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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 percent by CVP Preference 
Power Customers and 30 percent 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.</DELETED>

                      <DELETED>TITLE III</DELETED>

                <DELETED>DEPARTMENT OF ENERGY</DELETED>

                   <DELETED>ENERGY PROGRAMS</DELETED>

                    <DELETED>Energy Supply</DELETED>

<DELETED>    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 (increased by $40,000,000) 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.</DELETED>

        <DELETED>Non-Defense Environmental Management</DELETED>

<DELETED>    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.</DELETED>

   <DELETED>Uranium Facilities Maintenance and Remediation</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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.</DELETED>

                       <DELETED>Science</DELETED>

<DELETED>    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.</DELETED>

               <DELETED>Nuclear Waste Disposal</DELETED>

<DELETED>    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.</DELETED>

             <DELETED>Departmental Administration</DELETED>

<DELETED>    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.</DELETED>

           <DELETED>Office of the Inspector General</DELETED>

<DELETED>    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, 
including conducting a study of the economic basis of recent gasoline 
price levels.</DELETED>

          <DELETED>ATOMIC ENERGY DEFENSE ACTIVITIES</DELETED>

      <DELETED>NATIONAL NUCLEAR SECURITY ADMINISTRATION</DELETED>

                 <DELETED>Weapons Activities</DELETED>

<DELETED>    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 (reduced by $46,000,000), to remain available until 
October 1, 2003.</DELETED>

          <DELETED>Defense Nuclear Nonproliferation</DELETED>

<DELETED>    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.</DELETED>

                   <DELETED>Naval Reactors</DELETED>

<DELETED>    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.</DELETED>

          <DELETED>OTHER DEFENSE RELATED ACTIVITIES</DELETED>

         <DELETED>Defense Environmental Restoration and Waste 
                          Management</DELETED>

<DELETED>    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.</DELETED>

         <DELETED>Defense Facilities Closure Projects</DELETED>

<DELETED>    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.</DELETED>

   <DELETED>Defense Environmental Management Privatization</DELETED>

<DELETED>    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.</DELETED>

              <DELETED>Other Defense Activities</DELETED>

<DELETED>    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.</DELETED>

           <DELETED>Defense Nuclear Waste Disposal</DELETED>

<DELETED>    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.</DELETED>

           <DELETED>POWER MARKETING ADMINISTRATIONS</DELETED>

        <DELETED>Bonneville Power Administration Fund</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    During fiscal year 2001, no new direct loan obligations 
may be made.</DELETED>

        <DELETED>Operation and Maintenance, Southeastern Power 
                        Administration</DELETED>

<DELETED>    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.</DELETED>

        <DELETED>Operation and Maintenance, Southwestern Power 
                        Administration</DELETED>

<DELETED>    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.</DELETED>

   <DELETED>Construction, Rehabilitation, Operation and Maintenance, 
              Western Area Power Administration</DELETED>

<DELETED>    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.</DELETED>

  <DELETED>Falcon and Amistad Operating and Maintenance Fund</DELETED>

<DELETED>    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.</DELETED>

        <DELETED>Federal Energy Regulatory Commission</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    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.</DELETED>

                 <DELETED>GENERAL PROVISIONS</DELETED>

                <DELETED>DEPARTMENT OF ENERGY</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    Sec. 303. None of the funds appropriated by this Act may 
be used to--</DELETED>
        <DELETED>    (1) develop or implement a workforce restructuring 
        plan that covers employees of the Department of Energy; 
        or</DELETED>
        <DELETED>    (2) provide enhanced severance payments or other 
        benefits for employees of the Department of Energy,</DELETED>
<DELETED>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).</DELETED>
<DELETED>    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).</DELETED>
<DELETED>    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.</DELETED>

         <DELETED>(transfers of unexpended balances)</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    Sec. 311. Not later than 30 days after the date of the 
enactment of this Act, the Secretary of Energy shall transmit to the 
Congress a report on activities of the executive branch to address high 
gasoline prices and to develop an overall national energy 
strategy.</DELETED>

                      <DELETED>TITLE IV</DELETED>

                <DELETED>INDEPENDENT AGENCIES</DELETED>

           <DELETED>APPALACHIAN REGIONAL COMMISSION</DELETED>

<DELETED>    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.</DELETED>

       <DELETED>DEFENSE NUCLEAR FACILITIES SAFETY BOARD</DELETED>

                <DELETED>Salaries and Expenses</DELETED>

<DELETED>    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.</DELETED>

            <DELETED>NUCLEAR REGULATORY COMMISSION</DELETED>

                <DELETED>Salaries and Expenses</DELETED>

<DELETED>    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.</DELETED>

             <DELETED>Office of Inspector General</DELETED>

<DELETED>    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.</DELETED>

        <DELETED>NUCLEAR WASTE TECHNICAL REVIEW BOARD</DELETED>

                <DELETED>Salaries and Expenses</DELETED>

<DELETED>    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.</DELETED>

                <DELETED>TITLE V--RESCISSIONS</DELETED>

                <DELETED>DEPARTMENT OF ENERGY</DELETED>

             <DELETED>Interim Storage Activities</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

                    <DELETED>(rescission)</DELETED>

<DELETED>    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.</DELETED>

            <DELETED>TITLE VI--GENERAL PROVISIONS</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>     (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.</DELETED>
<DELETED>     (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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    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''.</DELETED>
<DELETED>    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. The 
limitation established in this section shall not apply to any activity 
otherwise authorized by law.</DELETED>
<DELETED>    Sec. 606. (a) Energy Policy and Conservation Act 
Amendments.--The Energy Policy and Conservation Act is amended--
</DELETED>
        <DELETED>    (1) by amending section 166 (42 U.S.C. 6246) to 
        read as follows:</DELETED>

          <DELETED>``authorization of appropriations</DELETED>

<DELETED>    ``Sec. 166. There are authorized to be appropriated for 
fiscal years 2000 through 2003 such sums as may be necessary to 
implement this part.'';</DELETED>
        <DELETED>    (2) in section 181 (42 U.S.C. 6251) by striking 
        ``March 31, 2000'' both places it appears and inserting 
        ``September 30, 2003''; and</DELETED>
        <DELETED>    (3) in section 281 (42 U.S.C. 6285) by striking 
        ``March 31, 2000'' both places it appears and inserting 
        ``September 30, 2003''.</DELETED>
<DELETED>    (b) Purchase of Oil From Marginal Wells.--</DELETED>
        <DELETED>    (1) Purchase of oil from marginal wells.--Part B 
        of title I of the Energy Policy and Conservation Act (42 U.S.C. 
        6232 et seq.) is amended by adding the following new section 
        after section 168:</DELETED>

        <DELETED>``purchase of oil from marginal wells</DELETED>

<DELETED>    ``Sec. 169. (a) In General.--From amounts authorized under 
section 166, in any case in which the price of oil decreases to an 
amount less than $15.00 per barrel (an amount equal to the annual 
average well head price per barrel for all domestic crude oil), 
adjusted for inflation, the Secretary may purchase oil from a marginal 
well at $15.00 per barrel, adjusted for inflation.</DELETED>
<DELETED>    ``(b) Definition of Marginal Well.--The term ``marginal 
well'' means a well that--</DELETED>
        <DELETED>    ``(1) has an average daily production of 15 
        barrels or less;</DELETED>
        <DELETED>    ``(2) has an average daily production of 25 
        barrels or less with produced water accounting for 95 percent 
        or more of total production; or</DELETED>
        <DELETED>    ``(3) produces heavy oil with an API gravity less 
        than 20 degrees.''.</DELETED>
        <DELETED>    (2) Conforming amendment.--The table of contents 
        for the Energy Policy and Conservation Act is amended by 
        inserting after the item relating to section 168 the 
        following:</DELETED>

<DELETED>``Sec. 169. Purchase of oil from marginal wells.''.
<DELETED>    (c) Northeast Home Heating Oil Reserve.--</DELETED>
        <DELETED>    (1) Amendment.--Title I of the Energy Policy and 
        Conservation Act is amended by--</DELETED>
                <DELETED>    (A) redesignating part D as part 
                E;</DELETED>
                <DELETED>    (B) redesignating section 181 as section 
                191; and</DELETED>
                <DELETED>    (C) inserting after part C the following 
                new part D:</DELETED>

    <DELETED>``Part D--Northeast Home Heating Oil Reserve</DELETED>

                   <DELETED>``establishment</DELETED>

<DELETED>    ``Sec. 181. (a) Notwithstanding any other provision of 
this Act, the Secretary may establish, maintain, and operate in the 
Northeast a Northeast Home Heating Oil Reserve. A Reserve established 
under this part is not a component of the Strategic Petroleum Reserve 
established under part B of this title. A Reserve established under 
this part shall contain no more than 2 million barrels of petroleum 
distillate.</DELETED>
<DELETED>    ``(b) For the purposes of this part--</DELETED>
        <DELETED>    ``(1) the term `Northeast' means the States of 
        Maine, New Hampshire, Vermont, Massachusetts, Connecticut, 
        Rhode Island, New York, Pennsylvania, and New Jersey; 
        and</DELETED>
        <DELETED>    ``(2) the term `petroleum distillate' includes 
        heating oil and diesel fuel.</DELETED>

                     <DELETED>``authority</DELETED>

<DELETED>    ``Sec. 182. To the extent necessary or appropriate to 
carry out this part, the Secretary may--</DELETED>
        <DELETED>    ``(1) purchase, contract for, lease, or otherwise 
        acquire, in whole or in part, storage and related facilities, 
        and storage services;</DELETED>
        <DELETED>    ``(2) use, lease, maintain, sell, or otherwise 
        dispose of storage and related facilities acquired under this 
        part;</DELETED>
        <DELETED>    ``(3) acquire by purchase, exchange (including 
        exchange of petroleum product from the Strategic Petroleum 
        Reserve or received as royalty from Federal lands), lease, or 
        otherwise, petroleum distillate for storage in the Northeast 
        Home Heating Oil Reserve;</DELETED>
        <DELETED>    ``(4) store petroleum distillate in facilities not 
        owned by the United States;</DELETED>
        <DELETED>    ``(5) sell, exchange, or otherwise dispose of 
        petroleum distillate from the Reserve established under this 
        part; and</DELETED>
        <DELETED>    ``(6) notwithstanding paragraph (5), on terms the 
        Secretary considers reasonable, sell, exchange, or otherwise 
        dispose of petroleum distillate from the Reserve established 
        under this part in order to maintain the quality or quantity of 
        the petroleum distillate in the Reserve or to maintain the 
        operational capability of the Reserve.</DELETED>

           <DELETED>``conditions for release; plan</DELETED>

<DELETED>    ``Sec. 183. (a) The Secretary may release petroleum 
distillate from the Reserve under section 182(5) only in the event of--
</DELETED>
        <DELETED>    ``(1) a severe energy supply disruption;</DELETED>
        <DELETED>    ``(2) a severe price increase; or</DELETED>
        <DELETED>    ``(3) another emergency affecting the 
        Northeast,</DELETED>
<DELETED>which the President determines to merit a release from the 
Reserve.</DELETED>
<DELETED>    ``(b) Within 45 days of the date of the enactment of this 
section, the Secretary shall transmit to the President and, if the 
President approves, to the Congress a plan describing--</DELETED>
        <DELETED>    ``(1) the acquisition of storage and related 
        facilities or storage services for the Reserve;</DELETED>
        <DELETED>    ``(2) the acquisition of petroleum distillate for 
        storage in the Reserve;</DELETED>
        <DELETED>    ``(3) the anticipated methods of disposition of 
        petroleum distillate from the Reserve; and</DELETED>
        <DELETED>    ``(4) the estimated costs of establishment, 
        maintenance, and operation of the Reserve.</DELETED>
<DELETED>The storage of petroleum distillate in a storage facility that 
meets existing environmental requirements is not a `major Federal 
action significantly affecting the quality of the human environment' as 
that term is used in section 102(2)(C) of the National Environmental 
Policy Act of 1969.</DELETED>

    <DELETED>``northeast home heating oil reserve account</DELETED>

<DELETED>    ``Sec. 184. (a) Upon a decision of the Secretary of Energy 
to establish a Reserve under this part, the Secretary of the Treasury 
shall establish in the Treasury of the United States an account know as 
the `Northeast Home Heating Oil Reserve Account' (referred to in this 
section as the `Account').</DELETED>
<DELETED>    ``(b) The Secretary of the Treasury shall deposit in the 
Account any amounts appropriated to the Account and any receipts from 
the sale, exchange, or other disposition of petroleum distillate from 
the Reserve.</DELETED>
<DELETED>    ``(c) The Secretary of Energy may obligate amounts in the 
Account to carry out activities under this part without the need for 
further appropriation, and amounts available to the Secretary of Energy 
for obligation under this section shall remain available without fiscal 
year limitation.</DELETED>

                    <DELETED>``exemptions</DELETED>

<DELETED>    ``Sec. 185. An action taken under this part--</DELETED>
        <DELETED>    ``(1) is not subject to the rulemaking 
        requirements of section 523 of this Act, section 501 of the 
        Department of Energy Organization Act, or section 553 of title 
        5, United States Code; and</DELETED>
        <DELETED>    ``(2) is not subject to laws governing the Federal 
        procurement of goods and services, including the Federal 
        Property and Administrative Services Act of 1949 (including the 
        Competition in Contracting Act) and the Small Business 
        Act.''.</DELETED>
        <DELETED>    (2) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as may be necessary to 
        carry out part D of title I of the Energy Policy and 
        Conservation Act.</DELETED>
<DELETED>    Sec. 607. None of the funds in this Act may be used to pay 
the salary of any employee of the Department of Energy at the Los 
Alamos National Laboratory who has failed to undergo a polygraph 
examination pursuant to section 3154(e) of Public Law 106-65.</DELETED>
<DELETED>    Sec. 608. (a) In General.--None of the funds made 
available in this Act may be used to pay any basic pay of an individual 
who simultaneously holds or carries out the responsibilities of--
</DELETED>
        <DELETED>    (1) a position within the National Nuclear 
        Security Administration; and</DELETED>
        <DELETED>    (2) a position within the Department of Energy not 
        within the Administration.</DELETED>
<DELETED>    (b) Exceptions for Administrator for Nuclear Security and 
Deputy Administrator for Naval Reactors.--The limitation in subsection 
(a) shall not apply to the following cases:</DELETED>
        <DELETED>    (1) The Under Secretary of Energy for Nuclear 
        Security serving as the Administrator for Nuclear Security, as 
        provided in section 3212(a)(2) of the National Nuclear Security 
        Administration Act (50 U.S.C. 2402(a)(2)).</DELETED>
        <DELETED>    (2) The director of the Naval Nuclear Propulsion 
        Program provided for under the Naval Nuclear Propulsion 
        Executive Order serving as the Deputy Administrator for Naval 
        Reactors, as provided in section 3216(a)(1) of such Act (50 
        U.S.C. 2406(a)(1)).</DELETED>
<DELETED>    This Act may be cited as the ``Energy and Water 
Development Appropriations Act, 2001''.</DELETED>
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.

                         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.

 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), $324,450,000, 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.

                   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; 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: 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.

                           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.

                                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''.

               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 provision

    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. Effective for fiscal year 2000, and each subsequent 
fiscal year, notwithstanding any other provision of law, no funds 
appropriated in this or any other act shall be expended to implement 
the policies articulated in the memorandum dated June 19, 2000, 
concerning the Middle Rio Grande Project, written by the Solicitor of 
the Department of the Interior to the Commissioner of the Bureau of 
Reclamation and the Director of the Fish and Wildlife Service, and the 
legal analysis referenced in the memorandum or any subsequent 
recommendations, directives or other correspondence including a letter 
referenced ALB-105 ENV-4.00, dated July 6, 2000, to the Chief Executive 
Officer of the Middle Rio Grande Conservancy District from the 
Albuquerque Area Manager of the Bureau of Reclamation addressing the 
issues raised by this Solicitor's memorandum except as may be provided 
in an agreement entered into by all affected holders of water rights 
within the Middle Rio Grande Conservancy District and which agreement 
has been approved by the New Mexico State Engineer, or as may be 
required by a final non-appealable court order.
    Effective for fiscal year 2000, and each subsequent fiscal year, 
notwithstanding any other provision of law, no funds appropriated in 
this or any other Act shall be expended to implement the policies, 
recommendations and directives articulated in a letter referenced ENV-
4.00, ALB-105, dated June 29, 2000, to the Chairman of the Board of 
Directors for the Fort Sumner Irrigation District from the Albuquerque 
Area Manager of the Bureau of Reclamation regarding the Fort Sumner 
Diversion Dam Water Operations except as may be provided in an 
agreement entered into by all affected holders of water rights within 
the Fort Sumner Irrigation District and which agreement has been 
approved by the New Mexico State Engineer, or as may be required by a 
final non-appealable court order.
    Sec. 205. 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.''.

                               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: 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, $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: Provided, 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.

                         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, 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.

                             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 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.), $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 6 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.
    Sec. 309. (a) None of the funds 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 that has been approved by 
the Administrator of the National Nuclear Security Administration. At 
the beginning of each fiscal year, the Administrator shall issue 
directions to the laboratories for the programs, projects, and 
activities to be conducted in that fiscal year. The Administrator and 
the Laboratories shall devise a Laboratory Funding Plan that identifies 
the resources needed to carry out these programs, projects, and 
activities. Funds shall be released to the Laboratories only after the 
Administrator has approved the Laboratory Funding Plan. The 
Administrator of the National Nuclear Security Administration may 
provide exceptions to this requirement as the Secretary considers 
appropriate.
    (b) For purposes of this section, ``covered contract'' means a 
contract for the management and operation of the following 
laboratories: Lawrence Livermore National Laboratory, Los Alamos 
National Laboratory, and Sandia National Laboratories.
    Sec. 310. Section 310(b) of Public Law 106-60 (113 Stat. 496) is 
amended by striking ``Lawrence Livermore National Laboratory, Los 
Alamos National Laboratory, Oak Ridge National Laboratory, Pacific 
Northwest National Laboratory, and Sandia National Laboratories.'' in 
paragraph (b), and inserting ``Oak Ridge National Laboratory, and 
Pacific Northwest National Laboratory.''.
    Sec. 311. 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. 312. None of the funds made available in this or any other Act 
may be used to restart the High Flux Beam Reactor.
    Sec. 313. 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. 314. 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. 315. 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. 316. 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. 317. 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. 318. 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. 319. 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.

                                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.

                                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: 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.
    This Act may be cited as the ``Energy and Water Development 
Appropriations Act, 2001''.

                                                       Calendar No. 688

106th CONGRESS

  2d Session

                               H.R. 4733

_______________________________________________________________________

                                 AN ACT

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

_______________________________________________________________________

                             June 28, 2000

  Received; read twice and referred to the Committee on Appropriations

                             July 18, 2000

                       Reported with an amendment
```