II

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.

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.

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

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

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

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

2 DEPARTMENT OF DEFENSE—CIVIL

3 DEPARTMENT OF THE ARMY

4 CORPS OF ENGINEERS—CIVIL

5 The following appropriations shall be expended under

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

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

11 GENERAL INVESTIGATIONS

12 For expenses necessary for the collection and study

13 of basic information pertaining to river and harbor, flood

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

15 authorized projects, miscellaneous investigations, and,

16 when authorized by laws, surveys and detailed studies and

17 plans and specifications of projects prior to construction,

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

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

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

2 of runoff.

3 CONSTRUCTION, GENERAL

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

5 shore protection, and related projects authorized by laws;

6 and detailed studies, and plans and specifications, of

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

9 local governments, or private groups) authorized or made

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

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

13 which such sums as are necessary for the Federal share

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

16 the Harbor Maintenance Trust Fund, as authorized by

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

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

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

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

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

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

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

2 in the amounts specified:

3 San Timoteo Creek (Santa Ana River Mainstem),

4 California, $5,000,000;

5 Indianapolis Central Waterfront, Indiana,

6 $7,000,000;

7 Southern and Eastern Kentucky, Kentucky,

8 $4,000,000; and

9 Clover Fork, Middlesboro, Town of Martin, Pike

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

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

13 Big Sandy River and Upper Cumberland River, Kentucky,

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

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

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

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

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

20 Huntington District Commander: Provided further, That

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

23 is directed to undertake the Bowie County Levee project,

24 which is defined as Alternative B Local Sponsor Option,

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

3 April 1997.

4 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES,

5 ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS6 SISSIPPI, MISSOURI, AND TENNESSEE

7 For expenses necessary for prosecuting work of flood

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

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

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

12 OPERATION AND MAINTENANCE, GENERAL

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

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

16 may be necessary for the maintenance of harbor channels

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

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

20 northern and northwestern lakes and connecting waters;

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

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

2 account established by the Land and Water Conservation

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

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

6 REGULATORY PROGRAM

7 For expenses necessary for administration of laws

8 pertaining to regulation of navigable waters and wetlands,

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

11 Chief of Engineers, is directed to use funds appropriated

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

13 Cost Analysis For the 1999 Proposal to Issue and Modify

14 Nationwide Permits, to reflect the Nationwide Permits ac15 tually issued on March 9, 2000, including changes in the

16 acreage limits, preconstruction notification requirements

17 and general conditions between the rule proposed on July

18 21, 1999, and the rule promulgated and published in the

19 Federal Register; (2) after consideration of the cost anal20 ysis for the 1999 proposal to issue and modify nationwide

21 permits and the supplement prepared pursuant to this Act

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

23 and publish in the Federal Register a Permit Processing

24 Management Plan by which the Corps of Engineers will

25 handle the additional work associated with all projected
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1 increases in the number of individual permit applications

2 and preconstruction notifications related to the new and

3 replacement permits and general conditions. The Permit

4 Processing Management Plan shall include specific objec5 tive goals and criteria by which the Corps of Engineers’

6 progress towards reducing any permit backlog can be

7 measured; (3) beginning on December 31, 2001, and on

8 a biannual basis thereafter, report to Congress and pub9 lish in the Federal Register, an analysis of the perform10 ance of its program as measured against the criteria set

11 out in the Permit Processing Management Plan; (4) im12 plement a 1-year pilot program to publish quarterly on

13 the U.S. Army Corps of Engineer’s Regulatory Program

14 website all Regulatory Analysis and Management Systems

15 (RAMS) data for the South Pacific Division and North

16 Atlantic Division beginning within 30 days of the enact17 ment of this Act; and (5) publish in Division Office

18 websites all findings, rulings, and decisions rendered

19 under the administrative appeals process for the Corps of

20 Engineers Regulatory Program as established in Public

21 Law 106–60: Provided further, That, through the period

22 ending on September 30, 2003, the Corps of Engineers

23 shall allow any appellant to keep a verbatim record of the

24 proceedings of the appeals conference under the aforemen25 tioned administrative appeals process: Provided further,
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1 That within 30 days of the enactment of this Act, the Sec2 retary of the Army, acting through the Chief of Engineers,

3 shall require all U.S. Army Corps of Engineers Divisions

4 and Districts to record the date on which a Section 404

5 individual permit application or nationwide permit notifi6 cation is filed with the Corps of Engineers: Provided fur7 ther, That the Corps of Engineers, when reporting permit

8 processing times, shall track both the date a permit appli9 cation is first received and the date the application is con10 sidered complete, as well as the reason that the application

11 is not considered complete upon first submission.

12 FORMERLY UTILIZED SITES REMEDIAL ACTION

13 PROGRAM

14 For expenses necessary to clean up contamination

15 from sites throughout the United States resulting from

16 work performed as part of the Nation’s early atomic en17 ergy program, $140,000,000, to remain available until ex18 pended.

19 GENERAL EXPENSES

20 For expenses necessary for general administration

21 and related functions in the Office of the Chief of Engi22 neers and offices of the Division Engineers; activities of

23 the Coastal Engineering Research Board, the Humphreys

24 Engineer Center Support Activity, the Water Resources

25 Support Center, and headquarters support functions at
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1 the USACE Finance Center, $149,500,000, to remain

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

3 other appropriation provided in title I of this Act shall

4 be available to fund the activities of the Office of the Chief

5 of Engineers or the executive direction and management

6 activities of the division offices: Provided further, That

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

8 of congressional affairs within the executive office of the

9 Chief of Engineers.

10 REVOLVING FUND

11 Amounts in the Revolving Fund are available for the

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

13 headquarters to office space in the General Accounting Of14 fice headquarters building in Washington, D.C.

15 ADMINISTRATIVE PROVISIONS

16 Appropriations in this title shall be available for offi17 cial reception and representation expenses (not to exceed

18 $5,000); and during the current fiscal year the Revolving

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

20 (not to exceed 100 for replacement only) and hire of pas21 senger motor vehicles.

22 GENERAL PROVISIONS

23 CORPS OF ENGINEERS—CIVIL

24 SEC. 101. 16 U.S.C. 777c(a) is amended in the sec25 ond sentence by striking ‘‘2000’’ and inserting ‘‘2001’’.
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1 SEC. 102. (a) The Secretary of the Army shall enter

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

3 wherein the City agrees to assume all of the responsibil4 ities of the Trinity River Authority of Texas under Con5 tract No. DACW63–76–C–0166, other than financial re6 sponsibilities, except as provided for in subsection (c) of

7 this section. The Trinity River Authority shall be relieved

8 of all of its financial responsibilities under the Contract

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

10 agreement with the City.

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

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

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

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

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

16 $2,140,000, which shall be due and payable no later than

17 December 1, 2003.

18 (c) The agreement executed pursuant to subsection

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

20 all costs associated with operation and maintenance of the

21 recreation facilities included in the Contract referred to

22 in that subsection.
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1 TITLE II

2 DEPARTMENT OF THE INTERIOR

3 CENTRAL UTAH PROJECT

4 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

5 For carrying out activities authorized by the Central

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

7 available until expended, of which $19,158,000 shall be

8 deposited into the Utah Reclamation Mitigation and Con9 servation Account: Provided, That of the amounts depos10 ited into that account, $5,000,000 shall be considered the

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

12 of the Central Utah Project Completion Act and

13 $14,158,000 shall be available to the Utah Reclamation

14 Mitigation and Conservation Commission to carry out ac15 tivities authorized under that Act.

16 In addition, for necessary expenses incurred in car17 rying out related responsibilities of the Secretary of the

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

19 BUREAU OF RECLAMATION

20 The following appropriations shall be expended to

21 execute authorized functions of the Bureau of Reclama22 tion:

23 WATER AND RELATED RESOURCES

24 (INCLUDING TRANSFER OF FUNDS)

25 For management, development, and restoration of

26 water and related natural resources and for related activi-
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1 ties, including the operation, maintenance and rehabilita2 tion of reclamation and other facilities, participation in

3 fulfilling related Federal responsibilities to Native Ameri4 cans, and related grants to, and cooperative and other

5 agreements with, State and local governments, Indian

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

7 expended, of which $1,916,000 shall be available for trans8 fer to the Upper Colorado River Basin Fund and

9 $39,467,000 shall be available for transfer to the Lower

10 Colorado River Basin Development Fund; of which such

11 amounts as may be necessary may be advanced to the Col12 orado River Dam Fund; and of which not to exceed

13 $200,000 is for financial assistance for the preparation

14 of cooperative drought contingency plans under title II of

15 Public Law 102–250: Provided, That such transfers may

16 be increased or decreased within the overall appropriation

17 under this heading: Provided further, That of the total ap18 propriated, the amount for program activities that can be

19 financed by the Reclamation Fund or the Bureau of Rec20 lamation special fee account established by 16 U.S.C.

21 460l–6a(i) shall be derived from that Fund or account:

22 Provided further, That funds contributed under 43 U.S.C.

23 395 are available until expended for the purposes for

24 which contributed: Provided further, That funds advanced

25 under 43 U.S.C. 397a shall be credited to this account
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1 and are available until expended for the same purposes

2 as the sums appropriated under this heading: Provided

3 further, That funds available for expenditure for the De4 partmental Irrigation Drainage Program may be expended

5 by the Bureau of Reclamation for site remediation on a

6 non-reimbursable basis: Provided further, That section

7 301 of Public Law 102–250, Reclamation States Emer8 gency Drought Relief Act of 1991, as amended, is amend9 ed further by inserting ‘‘2000, and 2001’’ in lieu of ‘‘and

10 2000’’: Provided further, That the amount authorized for

11 Minidoka Project North Side Pumping Division, Idaho, by

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

13 $2,805,000: Provided further, That none of the funds ap14 propriated in this Act may be used by the Bureau of Rec15 lamation for closure of the Auburn Dam, California, diver16 sion tunnel or restoration of the American River channel

17 through the Auburn Dam construction site.

18 BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

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

20 $8,944,000, to remain available until expended, as author21 ized by the Small Reclamation Projects Act of August 6,

22 1956, as amended (43 U.S.C. 422a–422l): Provided, That

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

24 shall be as defined in section 502 of the Congressional

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

26 these funds are available to subsidize gross obligations for
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1 the principal amount of direct loans not to exceed

2 $27,000,000.

3 In addition, for administrative expenses necessary to

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

5 $425,000, to remain available until expended: Provided,

6 That of the total sums appropriated, the amount of pro7 gram activities that can be financed by the Reclamation

8 Fund shall be derived from that Fund.

9 CENTRAL VALLEY PROJECT RESTORATION FUND

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

11 habitat restoration, improvement, and acquisition provi12 sions of the Central Valley Project Improvement Act,

13 $38,382,000, to be derived from such sums as may be col14 lected in the Central Valley Project Restoration Fund pur15 suant to sections 3407(d), 3404(c)(3), 3405(f), and

16 3406(c)(1) of Public Law 102–575, to remain available

17 until expended: Provided, That the Bureau of Reclamation

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

19 additional mitigation and restoration payments authorized

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

21 POLICY AND ADMINISTRATION

22 For necessary expenses of policy, administration, and

23 related functions in the office of the Commissioner, the

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

25 of Reclamation, to remain available until expended,

26 $47,000,000, to be derived from the Reclamation Fund
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1 and be nonreimbursable as provided in 43 U.S.C. 377:

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

3 Act shall be available for activities or functions budgeted

4 as policy and administration expenses.

5 ADMINISTRATIVE PROVISION

6 Appropriations for the Bureau of Reclamation shall

7 be available for purchase of not to exceed four passenger

8 motor vehicles for replacement only.

9 GENERAL PROVISIONS

10 DEPARTMENT OF THE INTERIOR

11 SEC. 201. None of the funds appropriated or other12 wise made available by this or any other Act may be used

13 to pay the salaries and expenses of personnel to purchase

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

15 Projects in New Mexico unless said purchase or lease is

16 in compliance with the purchase requirements of section

17 202 of Public Law 106–60.

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

19 to assess and collect annually from Central Valley Project

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

21 (June 2000 price levels), and to remit that amount annu22 ally to the Trinity Public Utilities District (TPUD). This

23 assessment shall be payable 70 percent by CVP Preference

24 Power Customers and 30 percent by CVP Water Contrac25 tors. The CVP Water Contractor share of this assessment

26 shall be collected by the Secretary through established Bu-
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1 reau of Reclamation (Reclamation) Operation and Mainte2 nance ratesetting practices. The CVP Power Contractor

3 share of this assessment shall be assessed by Reclamation

4 to the Western Area Power Administration, Sierra Nevada

5 Region (Western), and collected by Western through es6 tablished power ratesetting practices. The authorized

7 amount collected shall be paid annually to the TPUD.

8 TITLE III

9 DEPARTMENT OF ENERGY

10 ENERGY PROGRAMS

11 ENERGY SUPPLY

12 For Department of Energy expenses including the

13 purchase, construction and acquisition of plant and capital

14 equipment, and other expenses necessary for energy sup15 ply, and uranium supply and enrichment activities in car16 rying out the purposes of the Department of Energy Orga17 nization Act (42 U.S.C. 7101 et seq.), including the acqui18 sition or condemnation of any real property or any facility

19 or for plant or facility acquisition, construction, or expan20 sion; and the purchase of not to exceed 17 passenger

21 motor vehicles for replacement only, $576,482,000 (in22 creased by $40,000,000) to remain available until ex23 pended: Provided, That, in addition, royalties received to

24 compensate the Department of Energy for its participa25 tion in the First-Of-A-Kind-Engineering program shall be
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1 credited to this account to be available until September

2 30, 2002, for the purposes of Nuclear Energy, Science and

3 Technology activities.

4 NON-DEFENSE ENVIRONMENTAL MANAGEMENT

5 For Department of Energy expenses, including the

6 purchase, construction and acquisition of plant and capital

7 equipment and other expenses necessary for non-defense

8 environmental management activities in carrying out the

9 purposes of the Department of Energy Organization Act

10 (42 U.S.C. 7101 et seq.), including the acquisition or con11 demnation of any real property or any facility or for plant

12 or facility acquisition, construction or expansion,

13 $281,001,000, to remain available until expended.

14 URANIUM FACILITIES MAINTENANCE AND REMEDIATION

15 (INCLUDING TRANSFER OF FUNDS)

16 For necessary expenses to maintain, decontaminate,

17 decommission, and otherwise remediate uranium proc18 essing facilities, $301,400,000, of which $260,000,000

19 shall be derived from the Uranium Enrichment Decon20 tamination and Decommissioning Fund and of which

21 $12,000,000 shall be derived by transfer from the United

22 States Enrichment Corporation Fund, all of which shall

23 remain available until expended.
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1 SCIENCE

2 For Department of Energy expenses including the

3 purchase, construction and acquisition of plant and capital

4 equipment, and other expenses necessary for science ac5 tivities in carrying out the purposes of the Department

6 of Energy Organization Act (42 U.S.C. 7101 et seq.), in7 cluding the acquisition or condemnation of any real prop8 erty or facility or for plant or facility acquisition, construc9 tion, or expansion, and purchase of not to exceed 58 pas10 senger motor vehicles for replacement only,

11 $2,830,915,000, to remain available until expended.

12 NUCLEAR WASTE DISPOSAL

13 For nuclear waste disposal activities to carry out the

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

15 the acquisition of real property or facility construction or

16 expansion, $213,000,000, to remain available until ex17 pended and to be derived from the Nuclear Waste Fund:

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

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

20 salaries and expenses of State employees, to conduct sci21 entific oversight responsibilities pursuant to the Nuclear

22 Waste Policy Act of 1982, Public Law 97–425, as amend23 ed: Provided further, That not to exceed $5,887,000 may

24 be provided to affected units of local governments, as de25 fined in Public Law 97–425, to conduct appropriate activi-
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1 ties pursuant to the Act: Provided further, That the dis2 tribution of the funds as determined by the units of local

3 government shall be approved by the Department of En4 ergy: Provided further, That the funds for the State of

5 Nevada shall be made available solely to the Nevada Divi6 sion of Emergency Management by direct payment and

7 units of local government by direct payment: Provided fur8 ther, That within 90 days of the completion of each Fed9 eral fiscal year, the Nevada Division of Emergency Man10 agement and the Governor of the State of Nevada and

11 each local entity shall provide certification to the Depart12 ment of Energy that all funds expended from such pay13 ments have been expended for activities authorized by

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

15 certification shall cause such entity to be prohibited from

16 any further funding provided for similar activities: Pro17 vided further, That none of the funds herein appropriated

18 may be: (1) used directly or indirectly to influence legisla19 tive action on any matter pending before Congress or a

20 State legislature or for lobbying activity as provided in 18

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

22 to support multi-State efforts or other coalition building

23 activities inconsistent with the restrictions contained in

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

25 by the Secretary in carrying out activities authorized by
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1 the Nuclear Waste Policy Act of 1982 in Public Law 97–

2 425, as amended, including but not limited to, any pro3 ceeds from the sale of assets, shall be available without

4 further appropriation and shall remain available until ex5 pended.

6 DEPARTMENTAL ADMINISTRATION

7 For salaries and expenses of the Department of En8 ergy necessary for departmental administration in car9 rying out the purposes of the Department of Energy Orga10 nization Act (42 U.S.C. 7101 et seq.), including the hire

11 of passenger motor vehicles and official reception and rep12 resentation expenses (not to exceed $35,000),

13 $153,527,000, to remain available until expended, plus

14 such additional amounts as necessary to cover increases

15 in the estimated amount of cost of work for others not16 withstanding the provisions of the Anti-Deficiency Act (31

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

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

19 or greater amount, to remain available until expended:

20 Provided further, That moneys received by the Department

21 for miscellaneous revenues estimated to total

22 $111,000,000 in fiscal year 2001 may be retained and

23 used for operating expenses within this account, and may

24 remain available until expended, as authorized by section

25 201 of Public Law 95–238, notwithstanding the provisions
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1 of 31 U.S.C. 3302: Provided further, That the sum herein

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

4 result in a final fiscal year 2001 appropriation from the

5 General Fund estimated at not more than $42,527,000.

6 OFFICE OF THE INSPECTOR GENERAL

7 For necessary expenses of the Office of the Inspector

8 General in carrying out the provisions of the Inspector

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

10 available until expended, including conducting a study of

11 the economic basis of recent gasoline price levels.

12 ATOMIC ENERGY DEFENSE ACTIVITIES

13 NATIONAL NUCLEAR SECURITY

14 ADMINISTRATION

15 WEAPONS ACTIVITIES

16 For Department of Energy expenses, including the

17 purchase, construction and acquisition of plant and capital

18 equipment and other incidental expenses necessary for

19 atomic energy defense weapons activities in carrying out

20 the purposes of the Department of Energy Organization

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

22 condemnation of any real property or any facility or for

23 plant or facility acquisition, construction, or expansion;

24 and the purchase of passenger motor vehicles (not to ex25 ceed 12 for replacement only), $4,625,684,000 (reduced
22

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1 by $46,000,000), to remain available until October 1,

2 2003.

3 DEFENSE NUCLEAR NONPROLIFERATION

4 For Department of Energy expenses necessary for

5 atomic energy defense and defense nuclear nonprolifera6 tion activities to carry out the Department of Energy Or7 ganization Act (42 U.S.C. 7101 et seq.), including acquisi8 tion (by purchase, condemnation, construction, or other9 wise) of real property, plant and capital equipment, facili10 ties, and facility expansion, $861,477,000, to remain

11 available until October 1, 2003: Provided, That not to ex12 ceed $7,000 may be used for official reception and rep13 resentation expenses for national security and non14 proliferation (including transparency) activities in fiscal

15 year 2001.

16 NAVAL REACTORS

17 For Department of Energy expenses necessary for

18 naval reactors activities to carry out the Department of

19 Energy Organization Act (42 U.S.C. 7101 et seq.), includ20 ing the acquisition (by purchase, condemnation, construc21 tion, or otherwise) of real property, plant, and capital

22 equipment, facilities, and facility expansion,

23 $677,600,000, to remain available until expended.
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1 OTHER DEFENSE RELATED ACTIVITIES

2 DEFENSE ENVIRONMENTAL RESTORATION AND WASTE

3 MANAGEMENT

4 For Department of Energy expenses, including the

5 purchase, construction and acquisition of plant and capital

6 equipment and other expenses necessary for atomic energy

7 defense environmental restoration and waste management

8 activities in carrying out the purposes of the Department

9 of Energy Organization Act (42 U.S.C. 7101 et seq.), in10 cluding the acquisition or condemnation of any real prop11 erty or any facility or for plant or facility acquisition, con12 struction, or expansion; and the purchase of 30 passenger

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

14 remain available until expended: Provided, That any

15 amounts appropriated under this heading that are used

16 to provide economic assistance under section 15 of the

17 Waste Isolation Pilot Plant Land Withdrawal Act, Public

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

19 reimburse costs of financial assurances required of a con20 tractor by any permit or license of the Waste Isolation

21 Pilot Plant issued by the State of New Mexico.

22 DEFENSE FACILITIES CLOSURE PROJECTS

23 For expenses of the Department of Energy to accel24 erate the closure of defense environmental management

25 sites, including the purchase, construction and acquisition
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1 of plant and capital equipment and other necessary ex2 penses, $1,082,297,000, to remain available until ex3 pended.

4 DEFENSE ENVIRONMENTAL MANAGEMENT

5 PRIVATIZATION

6 For Department of Energy expenses for privatization

7 projects necessary for atomic energy defense environ8 mental management activities authorized by the Depart9 ment of Energy Organization Act (42 U.S.C. 7101 et

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

11 OTHER DEFENSE ACTIVITIES

12 For Department of Energy expenses, including the

13 purchase, construction and acquisition of plant and capital

14 equipment and other expenses necessary for atomic energy

15 defense, other defense activities, in carrying out the pur16 poses of the Department of Energy Organization Act (42

17 U.S.C. 7101 et seq.), including the acquisition or con18 demnation of any real property or any facility or for plant

19 or facility acquisition, construction, or expansion,

20 $592,235,000, to remain available until expended.

21 DEFENSE NUCLEAR WASTE DISPOSAL

22 For nuclear waste disposal activities to carry out the

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

24 the acquisition of real property or facility construction or
25

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1 expansion, $200,000,000, to remain available until ex2 pended.

3 POWER MARKETING ADMINISTRATIONS

4 BONNEVILLE POWER ADMINISTRATION FUND

5 Expenditures from the Bonneville Power Administra6 tion Fund, established pursuant to Public Law 93–454,

7 are approved for the Nez Perce Tribe Resident Fish Sub8 stitution Program, the Cour D’Alene Tribe Trout Produc9 tion facility, and for official reception and representation

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

11 During fiscal year 2001, no new direct loan obliga12 tions may be made.

13 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

14 ADMINISTRATION

15 For necessary expenses of operation and maintenance

16 of power transmission facilities and of marketing electric

17 power and energy, including transmission wheeling and

18 ancillary services, pursuant to the provisions of section 5

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

20 applied to the southeastern power area, $3,900,000, to re21 main available until expended; in addition, notwith22 standing the provisions of 31 U.S.C. 3302, amounts col23 lected by the Southeastern Power Administration pursu24 ant to the Flood Control Act to recover purchase power

25 and wheeling expenses shall be credited to this account
26

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1 as offsetting collections, to remain available until expended

2 for the sole purpose of making purchase power and wheel3 ing expenditures as follows: for fiscal year 2001, up to

4 $34,463,000; for fiscal year 2002, up to $26,463,000; for

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

6 2004, up to $15,000,000.

7 OPERATION AND MAINTENANCE, SOUTHWESTERN

8 POWER ADMINISTRATION

9 For necessary expenses of operation and maintenance

10 of power transmission facilities and of marketing electric

11 power and energy, and for construction and acquisition of

12 transmission lines, substations and appurtenant facilities,

13 and for administrative expenses, including official recep14 tion and representation expenses in an amount not to ex15 ceed $1,500 in carrying out the provisions of section 5

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

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

18 remain available until expended; in addition, notwith19 standing the provisions of 31 U.S.C. 3302, not to exceed

20 $4,200,000 in reimbursements, to remain available until

21 expended: Provided, That amounts collected by the South22 western Power Administration pursuant to the Flood Con23 trol Act to recover purchase power and wheeling expenses

24 shall be credited to this account as offsetting collections,

25 to remain available until expended for the sole purpose
27

HR 4733 RS

1 of making purchase power and wheeling expenditures as

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

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

4 $288,000; and for fiscal year 2004, up to $288,000.

5 CONSTRUCTION, REHABILITATION, OPERATION AND

6 MAINTENANCE, WESTERN AREA POWER ADMINIS7 TRATION

8 For carrying out the functions authorized by title III,

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

10 U.S.C. 7152), and other related activities including con11 servation and renewable resources programs as author12 ized, including official reception and representation ex13 penses in an amount not to exceed $1,500, $160,930,000,

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

15 shall be derived from the Department of the Interior Rec16 lamation Fund: Provided, That of the amount herein ap17 propriated, $4,036,000 is for deposit into the Utah Rec18 lamation Mitigation and Conservation Account pursuant

19 to title IV of the Reclamation Projects Authorization and

20 Adjustment Act of 1992: Provided further, That amounts

21 collected by the Western Area Power Administration pur22 suant to the Flood Control Act of 1944 and the Reclama23 tion Project Act of 1939 to recover purchase power and

24 wheeling expenses shall be credited to this account as off25 setting collections, to remain available until expended for
28

HR 4733 RS

1 the sole purpose of making purchase power and wheeling

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

3 $35,500,000; for fiscal year 2002, up to $33,500,000; for

4 fiscal year 2003, up to $30,000,000; and for fiscal year

5 2004, up to $20,000,000.

6 FALCON AND AMISTAD OPERATING AND MAINTENANCE

7 FUND

8 For operation, maintenance, and emergency costs for

9 the hydroelectric facilities at the Falcon and Amistad

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

11 and to be derived from the Falcon and Amistad Operating

12 and Maintenance Fund of the Western Area Power Ad13 ministration, as provided in section 423 of the Foreign

14 Relations Authorization Act, Fiscal Years 1994 and 1995.

15 FEDERAL ENERGY REGULATORY COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses of the Federal Energy Regu18 latory Commission to carry out the provisions of the De19 partment of Energy Organization Act (42 U.S.C. 7101 et

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

21 the hire of passenger motor vehicles, and official reception

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

23 $175,200,000, to remain available until expended: Pro24 vided, That notwithstanding any other provision of law,

25 not to exceed $175,200,000 of revenues from fees and an-
29

HR 4733 RS

1 nual charges, and other services and collections in fiscal

2 year 2001 shall be retained and used for necessary ex3 penses in this account, and shall remain available until

4 expended: Provided further, That the sum herein appro5 priated from the General Fund shall be reduced as reve6 nues are received during fiscal year 2001 so as to result

7 in a final fiscal year 2001 appropriation from the General

8 Fund estimated at not more than $0.

9 GENERAL PROVISIONS

10 DEPARTMENT OF ENERGY

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

12 Act may be used to award a management and operating

13 contract unless such contract is awarded using competitive

14 procedures or the Secretary of Energy grants, on a case15 by-case basis, a waiver to allow for such a deviation. The

16 Secretary may not delegate the authority to grant such

17 a waiver.

18 (b) At least 60 days before a contract award, amend19 ment, or modification for which the Secretary intends to

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

21 Subcommittees on Energy and Water Development of the

22 Committees on Appropriations of the House of Represent23 atives and the Senate a report notifying the subcommit24 tees of the waiver and setting forth the reasons for the

25 waiver.
30

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

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

3 in a manner that deviates from the Federal Acquisition

4 Regulation, unless the Secretary of Energy grants, on a

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

6 The Secretary may not delegate the authority to grant

7 such a waiver.

8 (b) At least 60 days before a contract award, amend9 ment, or modification for which the Secretary intends to

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

11 Subcommittees on Energy and Water Development of the

12 Committees on Appropriations of the House of Represent13 atives and the Senate a report notifying the subcommit14 tees of the waiver and setting forth the reasons for the

15 waiver.

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

17 may be used to—

18 (1) develop or implement a workforce restruc19 turing plan that covers employees of the Department

20 of Energy; or

21 (2) provide enhanced severance payments or

22 other benefits for employees of the Department of

23 Energy,
31

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1 under section 3161 of the National Defense Authorization

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

3 2644; 42 U.S.C. 7274h).

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

5 may be used to augment the $24,500,000 made available

6 for obligation by this Act for severance payments and

7 other benefits and community assistance grants under sec8 tion 3161 of the National Defense Authorization Act for

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

10 42 U.S.C. 7274h).

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

12 may be used to prepare or initiate Requests For Proposals

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

14 by Congress.

15 (TRANSFERS OF UNEXPENDED BALANCES)

16 SEC. 306. The unexpended balances of prior appro17 priations provided for activities in this Act may be trans18 ferred to appropriation accounts for such activities estab19 lished pursuant to this title. Balances so transferred may

20 be merged with funds in the applicable established ac21 counts and thereafter may be accounted for as one fund

22 for the same time period as originally enacted.

23 SEC. 307. Of the funds in this Act provided to gov24 ernment-owned, contractor-operated laboratories, not to

25 exceed 4 percent shall be available to be used for Labora26 tory Directed Research and Development.
32

HR 4733 RS

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

2 to the Department of Energy, not more than

3 $150,000,000 shall be available for reimbursement of

4 management and operating contractor travel expenses.

5 (b) Funds appropriated by this title to the Depart6 ment of Energy may be used to reimburse a Department

7 of Energy management and operating contractor for travel

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

9 that the contractor applies to its employees the same rates

10 and amounts as those that apply to Federal employees

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

12 Code, or rates and amounts established by the Secretary

13 of Energy. The Secretary of Energy may provide excep14 tions to the reimbursement requirements of this section

15 as the Secretary considers appropriate.

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

17 other Act for the Administrator of the Bonneville Power

18 Administration to enter into any agreement to perform en19 ergy efficiency services outside the legally defined Bonne20 ville service territory, with the exception of services pro21 vided internationally, including services provided on a re22 imbursable basis, unless the Administrator certifies that

23 such services are not available from private sector busi24 nesses.
33

HR 4733 RS

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

2 any previous Energy and Water Development Appropria3 tion Act for payment into the Department of Energy

4 Working Capital Fund may be used to pay salaries and

5 expenses of any employee of the United States Govern6 ment.

7 SEC. 311. Not later than 30 days after the date of

8 the enactment of this Act, the Secretary of Energy shall

9 transmit to the Congress a report on activities of the exec10 utive branch to address high gasoline prices and to develop

11 an overall national energy strategy.

12 TITLE IV

13 INDEPENDENT AGENCIES

14 APPALACHIAN REGIONAL COMMISSION

15 For expenses necessary to carry out the programs au16 thorized by the Appalachian Regional Development Act of

17 1965, as amended, for necessary expenses for the Federal

18 Co-Chairman and the alternate on the Appalachian Re19 gional Commission, for payment of the Federal share of

20 the administrative expenses of the Commission, including

21 services as authorized by 5 U.S.C. 3109, and hire of pas22 senger motor vehicles, $63,000,000, to remain available

23 until expended.
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1 DEFENSE NUCLEAR FACILITIES SAFETY

2 BOARD

3 SALARIES AND EXPENSES

4 For necessary expenses of the Defense Nuclear Fa5 cilities Safety Board in carrying out activities authorized

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

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

8 available until expended.

9 NUCLEAR REGULATORY COMMISSION

10 SALARIES AND EXPENSES

11 For necessary expenses of the Commission in car12 rying out the purposes of the Energy Reorganization Act

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

14 as amended, including official representation expenses

15 (not to exceed $15,000), $481,900,000, to remain avail16 able until expended: Provided, That of the amount appro17 priated herein, $21,600,000 shall be derived from the Nu18 clear Waste Fund: Provided further, That revenues from

19 licensing fees, inspection services, and other services and

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

21 shall be retained and used for necessary salaries and ex22 penses in this account, notwithstanding 31 U.S.C. 3302,

23 and shall remain available until expended: Provided fur24 ther, That $3,200,000 of the funds herein appropriated

25 for regulatory reviews and assistance to other Federal
35

HR 4733 RS

1 agencies and States shall be excluded from license fee rev2 enues, notwithstanding 42 U.S.C. 2214: Provided further,

3 That the sum herein appropriated shall be reduced by the

4 amount of revenues received during fiscal year 2001 so

5 as to result in a final fiscal year 2001 appropriation esti6 mated at not more than $24,800,000.

7 OFFICE OF INSPECTOR GENERAL

8 For necessary expenses of the Office of Inspector

9 General in carrying out the provisions of the Inspector

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

11 available until expended: Provided, That revenues from li12 censing fees, inspection services, and other services and

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

14 shall be retained and be available until expended, for nec15 essary salaries and expenses in this account notwith16 standing 31 U.S.C. 3302: Provided further, That the sum

17 herein appropriated shall be reduced by the amount of rev18 enues received during fiscal year 2001 so as to result in

19 a final fiscal year 2001 appropriation estimated at not

20 more than $0.

21 NUCLEAR WASTE TECHNICAL REVIEW BOARD

22 SALARIES AND EXPENSES

23 For necessary expenses of the Nuclear Waste Tech24 nical Review Board, as authorized by Public Law 100–
36

HR 4733 RS

1 203, section 5051, $2,700,000, to be derived from the Nu2 clear Waste Fund, and to remain available until expended.

3 TITLE V—RESCISSIONS

4 DEPARTMENT OF ENERGY

5 INTERIM STORAGE ACTIVITIES

6 (INCLUDING TRANSFER OF FUNDS)

7 (RESCISSION)

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

9 interim storage of nuclear waste, $85,000,000 are trans10 ferred to this heading: Provided, That such amount is

11 hereby rescinded.

12 TITLE VI—GENERAL PROVISIONS

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

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

15 congressional action on any legislation or appropriation

16 matters pending before Congress, other than to commu17 nicate to Members of Congress as described in section

18 1913 of title 18, United States Code.

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

20 EQUIPMENT AND PRODUCTS.—It is the sense of the Con21 gress that, to the greatest extent practicable, all equip22 ment and products purchased with funds made available

23 in this Act should be American-made.

24 (b) NOTICE REQUIREMENT.—In providing financial

25 assistance to, or entering into any contract with, any enti26 ty using funds made available in this Act, the head of each
37

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1 Federal agency, to the greatest extent practicable, shall

2 provide to such entity a notice describing the statement

3 made in subsection (a) by the Congress.

4 (c) PROHIBITION OF CONTRACTS WITH PERSONS

5 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

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

7 agency that any person intentionally affixed a label bear8 ing a ‘‘Made in America’’ inscription, or any inscription

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

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

11 States, the person shall be ineligible to receive any con12 tract or subcontract made with funds made available in

13 this Act, pursuant to the debarment, suspension, and ineli14 gibility procedures described in sections 9.400 through

15 9.409 of title 48, Code of Federal Regulations.

16 SEC. 603. (a) None of the funds appropriated or oth17 erwise made available by this Act may be used to deter18 mine the final point of discharge for the interceptor drain

19 for the San Luis Unit until development by the Secretary

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

21 shall conform to the water quality standards of the State

22 of California as approved by the Administrator of the En23 vironmental Protection Agency, to minimize any detri24 mental effect of the San Luis drainage waters.
38

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1 (b) The costs of the Kesterson Reservoir Cleanup

2 Program and the costs of the San Joaquin Valley Drain3 age Program shall be classified by the Secretary of the

4 Interior as reimbursable or nonreimbursable and collected

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

6 Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter7 native Repayment Plan’’ described in the report entitled

8 ‘‘Repayment Report, Kesterson Reservoir Cleanup Pro9 gram and San Joaquin Valley Drainage Program, Feb10 ruary 1995’’, prepared by the Department of the Interior,

11 Bureau of Reclamation. Any future obligations of funds

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

13 service or drainage studies for the San Luis Unit shall

14 be fully reimbursable by San Luis Unit beneficiaries of

15 such service or studies pursuant to Federal Reclamation

16 law.

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

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

19 2214(a)(3)) is amended by striking ‘‘September 30, 2000’’

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

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

22 shall be used to propose or issue rules, regulations, de23 crees, or orders for the purpose of implementation, or in

24 preparation for implementation, of the Kyoto Protocol

25 which was adopted on December 11, 1997, in Kyoto,
39

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1 Japan at the Third Conference of the Parties to the

2 United Nations Framework Convention on Climate

3 Change, which has not been submitted to the Senate for

4 advice and consent to ratification pursuant to article II,

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

6 which has not entered into force pursuant to article 25

7 of the Protocol. The limitation established in this section

8 shall not apply to any activity otherwise authorized by law.

9 SEC. 606. (a) ENERGY POLICY AND CONSERVATION

10 ACT AMENDMENTS.—The Energy Policy and Conserva11 tion Act is amended—

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

13 to read as follows:

14 ‘‘AUTHORIZATION OF APPROPRIATIONS

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

16 for fiscal years 2000 through 2003 such sums as may be

17 necessary to implement this part.’’;

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

19 ‘‘March 31, 2000’’ both places it appears and insert20 ing ‘‘September 30, 2003’’; and

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

22 ‘‘March 31, 2000’’ both places it appears and insert23 ing ‘‘September 30, 2003’’.

24 (b) PURCHASE OF OIL FROM MARGINAL WELLS.—

25 (1) PURCHASE OF OIL FROM MARGINAL

26 WELLS.—Part B of title I of the Energy Policy and
40

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1 Conservation Act (42 U.S.C. 6232 et seq.) is amend2 ed by adding the following new section after section

3 168:

4 ‘‘PURCHASE OF OIL FROM MARGINAL WELLS

5 ‘‘SEC. 169. (a) IN GENERAL.—From amounts au6 thorized under section 166, in any case in which the price

7 of oil decreases to an amount less than $15.00 per barrel

8 (an amount equal to the annual average well head price

9 per barrel for all domestic crude oil), adjusted for infla10 tion, the Secretary may purchase oil from a marginal well

11 at $15.00 per barrel, adjusted for inflation.

12 ‘‘(b) DEFINITION OF MARGINAL WELL.—The term

13 ‘‘marginal well’’ means a well that—

14 ‘‘(1) has an average daily production of 15 bar15 rels or less;

16 ‘‘(2) has an average daily production of 25 bar17 rels or less with produced water accounting for 95

18 percent or more of total production; or

19 ‘‘(3) produces heavy oil with an API gravity

20 less than 20 degrees.’’.

21 (2) CONFORMING AMENDMENT.—The table of

22 contents for the Energy Policy and Conservation Act

23 is amended by inserting after the item relating to

24 section 168 the following:

‘‘Sec. 169. Purchase of oil from marginal wells.’’.

25 (c) NORTHEAST HOME HEATING OIL RESERVE.—
41

HR 4733 RS

1 (1) AMENDMENT.—Title I of the Energy Policy

2 and Conservation Act is amended by—

3 (A) redesignating part D as part E;

4 (B) redesignating section 181 as section

5 191; and

6 (C) inserting after part C the following

7 new part D:

8 ‘‘PART D—NORTHEAST HOME HEATING OIL RESERVE

9 ‘‘ESTABLISHMENT

10 ‘‘SEC. 181. (a) Notwithstanding any other provision

11 of this Act, the Secretary may establish, maintain, and

12 operate in the Northeast a Northeast Home Heating Oil

13 Reserve. A Reserve established under this part is not a

14 component of the Strategic Petroleum Reserve established

15 under part B of this title. A Reserve established under

16 this part shall contain no more than 2 million barrels of

17 petroleum distillate.

18 ‘‘(b) For the purposes of this part—

19 ‘‘(1) the term ‘Northeast’ means the States of

20 Maine, New Hampshire, Vermont, Massachusetts,

21 Connecticut, Rhode Island, New York, Pennsylvania,

22 and New Jersey; and

23 ‘‘(2) the term ‘petroleum distillate’ includes

24 heating oil and diesel fuel.
42

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1 ‘‘AUTHORITY

2 ‘‘SEC. 182. To the extent necessary or appropriate

3 to carry out this part, the Secretary may—

4 ‘‘(1) purchase, contract for, lease, or otherwise

5 acquire, in whole or in part, storage and related fa6 cilities, and storage services;

7 ‘‘(2) use, lease, maintain, sell, or otherwise dis8 pose of storage and related facilities acquired under

9 this part;

10 ‘‘(3) acquire by purchase, exchange (including

11 exchange of petroleum product from the Strategic

12 Petroleum Reserve or received as royalty from Fed13 eral lands), lease, or otherwise, petroleum distillate

14 for storage in the Northeast Home Heating Oil Re15 serve;

16 ‘‘(4) store petroleum distillate in facilities not

17 owned by the United States;

18 ‘‘(5) sell, exchange, or otherwise dispose of pe19 troleum distillate from the Reserve established under

20 this part; and

21 ‘‘(6) notwithstanding paragraph (5), on terms

22 the Secretary considers reasonable, sell, exchange, or

23 otherwise dispose of petroleum distillate from the

24 Reserve established under this part in order to

25 maintain the quality or quantity of the petroleum
43

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1 distillate in the Reserve or to maintain the oper2 ational capability of the Reserve.

3 ‘‘CONDITIONS FOR RELEASE; PLAN

4 ‘‘SEC. 183. (a) The Secretary may release petroleum

5 distillate from the Reserve under section 182(5) only in

6 the event of—

7 ‘‘(1) a severe energy supply disruption;

8 ‘‘(2) a severe price increase; or

9 ‘‘(3) another emergency affecting the North10 east,

11 which the President determines to merit a release from

12 the Reserve.

13 ‘‘(b) Within 45 days of the date of the enactment of

14 this section, the Secretary shall transmit to the President

15 and, if the President approves, to the Congress a plan

16 describing—

17 ‘‘(1) the acquisition of storage and related fa18 cilities or storage services for the Reserve;

19 ‘‘(2) the acquisition of petroleum distillate for

20 storage in the Reserve;

21 ‘‘(3) the anticipated methods of disposition of

22 petroleum distillate from the Reserve; and

23 ‘‘(4) the estimated costs of establishment, main24 tenance, and operation of the Reserve.

25 The storage of petroleum distillate in a storage facility

26 that meets existing environmental requirements is not a
44

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1 ‘major Federal action significantly affecting the quality of

2 the human environment’ as that term is used in section

3 102(2)(C) of the National Environmental Policy Act of

4 1969.

5 ‘‘NORTHEAST HOME HEATING OIL RESERVE ACCOUNT

6 ‘‘SEC. 184. (a) Upon a decision of the Secretary of

7 Energy to establish a Reserve under this part, the Sec8 retary of the Treasury shall establish in the Treasury of

9 the United States an account know as the ‘Northeast

10 Home Heating Oil Reserve Account’ (referred to in this

11 section as the ‘Account’).

12 ‘‘(b) The Secretary of the Treasury shall deposit in

13 the Account any amounts appropriated to the Account and

14 any receipts from the sale, exchange, or other disposition

15 of petroleum distillate from the Reserve.

16 ‘‘(c) The Secretary of Energy may obligate amounts

17 in the Account to carry out activities under this part with18 out the need for further appropriation, and amounts avail19 able to the Secretary of Energy for obligation under this

20 section shall remain available without fiscal year limita21 tion.

22 ‘‘EXEMPTIONS

23 ‘‘SEC. 185. An action taken under this part—

24 ‘‘(1) is not subject to the rulemaking require25 ments of section 523 of this Act, section 501 of the
45

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1 Department of Energy Organization Act, or section

2 553 of title 5, United States Code; and

3 ‘‘(2) is not subject to laws governing the Fed4 eral procurement of goods and services, including

5 the Federal Property and Administrative Services

6 Act of 1949 (including the Competition in Con7 tracting Act) and the Small Business Act.’’.

8 (2) AUTHORIZATION OF APPROPRIATIONS.—

9 There are authorized to be appropriated such sums

10 as may be necessary to carry out part D of title I

11 of the Energy Policy and Conservation Act.

12 SEC. 607. None of the funds in this Act may be used

13 to pay the salary of any employee of the Department of

14 Energy at the Los Alamos National Laboratory who has

15 failed to undergo a polygraph examination pursuant to

16 section 3154(e) of Public Law 106–65.

17 SEC. 608. (a) IN GENERAL.—None of the funds

18 made available in this Act may be used to pay any basic

19 pay of an individual who simultaneously holds or carries

20 out the responsibilities of—

21 (1) a position within the National Nuclear Se22 curity Administration; and

23 (2) a position within the Department of Energy

24 not within the Administration.
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1 (b) EXCEPTIONS FOR ADMINISTRATOR FOR NU2 CLEAR SECURITY AND DEPUTY ADMINISTRATOR FOR

3 NAVAL REACTORS.—The limitation in subsection (a) shall

4 not apply to the following cases:

5 (1) The Under Secretary of Energy for Nuclear

6 Security serving as the Administrator for Nuclear

7 Security, as provided in section 3212(a)(2) of the

8 National Nuclear Security Administration Act (50

9 U.S.C. 2402(a)(2)).

10 (2) The director of the Naval Nuclear Propul11 sion Program provided for under the Naval Nuclear

12 Propulsion Executive Order serving as the Deputy

13 Administrator for Naval Reactors, as provided in

14 section 3216(a)(1) of such Act (50 U.S.C.

15 2406(a)(1)).

16 This Act may be cited as the ‘‘Energy and Water De17 velopment Appropriations Act, 2001’’.

18 That the following sums are appropriated, out of any

19 money in the Treasury not otherwise appropriated, for the

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

21 water development, and for other purposes, namely:
47

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1 TITLE I

2 DEPARTMENT OF DEFENSE—CIVIL

3 DEPARTMENT OF THE ARMY

4 CORPS OF ENGINEERS—CIVIL

5 The following appropriations shall be expended under

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

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

11 GENERAL INVESTIGATIONS

12 For expenses necessary for the collection and study of

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

16 authorized by laws, surveys and detailed studies and plans

17 and specifications of projects prior to construction,

18 $139,219,000, to remain available until expended.

19 CONSTRUCTION, GENERAL

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

21 shore protection, and related projects authorized by laws;

22 and detailed studies, and plans and specifications, of

23 projects (including those for development with participation

24 or under consideration for participation by States, local

25 governments, or private groups) authorized or made eligible

26 for selection by law (but such studies shall not constitute
48

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1 a commitment of the Government to construction),

2 $1,361,449,000, to remain available until expended, of

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

4 construction costs for facilities under the Dredged Material

5 Disposal Facilities program shall be derived from the Har6 bor Maintenance Trust Fund, as authorized by Public Law

7 104–303; and of which such sums as are necessary pursuant

8 to Public Law 99–662 shall be derived from the Inland Wa9 terways Trust Fund, for one-half of the costs of construction

10 and rehabilitation of inland waterways projects, including

11 rehabilitation costs for the Lock and Dam 24, Mississippi

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

13 River, Minnesota; London Locks and Dam; Kanawha

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

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

16 the following projects in the amounts specified:

17 Indianapolis Central Waterfront, Indiana,

18 $4,000,000;

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

20 Upper Mingo County (including Mingo County

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

22 County, and McDowell County, elements of the Levisa

23 and Tug Forks of the Big Sandy River and Upper

24 Cumberland River project in West Virginia,

25 $4,100,000:
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1 Provided, That no part of any appropriation contained in

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

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

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

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

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

7 available Construction, General funds in addition to fund8 ing provided to Public Law 104–206 to complete design and

9 construction of the Red River Regional Visitors Center in

10 the vicinity of Shreveport, Louisiana at an estimated cost

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

12 the Water Resources Development Act of 1996, is amended

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

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

15 the Secretary of the Army, acting through the Chief of Engi16 neers, is directed to use $3,000,000 of the funds appro17 priated herein for additional emergency bank stabilization

18 measures at Galena, Alaska under the same terms and con19 ditions as previous emergency bank stabilization work un20 dertaken at Galena, Alaska pursuant to Section 116 of Pub21 lic Law 99–190: Provided further, That with $4,200,000 of

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

23 acting through the Chief of Engineers, is directed to con24 tinue construction of the Brunswick County Beaches, North

25 Carolina-Ocean Isle Beach portion in accordance with the
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1 General Reevaluation Report approved by the Chief of En2 gineers on May 15, 1998: Provided further, That the Sec3 retary of the Army, acting through the Chief of Engineers,

4 is directed to use not to exceed $300,000 of funds appro5 priated herein to reimburse the City of Renton, Washington,

6 at full Federal expense, for mitigation expenses incurred for

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

8 701s at Cedar River, City of Renton, Washington, as a re9 sult of over-dredging by the Army Corps of Engineers: Pro10 vided further, That the Secretary of the Army, acting

11 through the Chief of Engineers, may use Construction, Gen12 eral funding as directed in Public Law 105–62 and Public

13 Law 105–245 to initiate construction of an emergency out14 let from Devils Lake, North Dakota, to the Sheyenne River,

15 except that the funds shall not become available unless the

16 Secretary of the Army determines that an emergency (as

17 defined in section 102 of the Robert T. Stafford Disaster

18 Relief and Emergency Assistance Act (42 U.S.C. 5122)) ex19 ists with respect to the emergency need for the outlet and

20 reports to Congress that the construction is technically

21 sound, economically justified, and environmentally accept22 able, and in compliance with the National Environmental

23 Policy Act of 1969 (42 U.S.C. 4321 et seq.): Provided fur24 ther, That the economic justification for the emergency out25 let shall be prepared in accordance with the principles and
51

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1 guidelines for economic evaluation as required by regula2 tions and procedures of the Army Corps of Engineers for

3 all flood control projects, and that the economic justification

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

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

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

7 to be effective, shall contain assurances provided by the Sec8 retary of State, after consultation with the International

9 Joint Commission, that the project will not violate the re10 quirements or intent of the Treaty Between the United

11 States and Great Britain Relating to Boundary Waters Be12 tween the United States and Canada, signed at Washington

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

14 known as the ‘‘Boundary Waters Treaty of 1909’’): Pro15 vided further, That the Secretary of the Army shall submit

16 the final plans and other documents for the emergency out17 let to Congress: Provided further, That no funds made avail18 able under this Act or any other Act for any fiscal year

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

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

21 North Dakota, authorized under the Energy and Water De22 velopment Appropriations Act, 1993 (Public Law 102–

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

24 levels through inlet controls, or to otherwise study any facil-
52

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1 ity or carry out any activity that would permit the transfer

2 of water from the Missouri River Basin into Devils Lake.

3 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES,

4 ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS5 SISSIPPI, MISSOURI, AND TENNESSEE

6 For expenses necessary for prosecuting work of flood

7 control, and rescue work, repair, restoration, or mainte8 nance of flood control projects threatened or destroyed by

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

10 $324,450,000, to remain available until expended: Pro11 vided, That the Secretary of the Army is directed to com12 plete his analysis and determination of Federal mainte13 nance of the Greenville Inner Harbor, Mississippi naviga14 tion project in accordance with Section 509 of the Water

15 Resources Development Act of 1996.

16 OPERATION AND MAINTENANCE, GENERAL

17 For expenses necessary for the preservation, operation,

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

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

20 necessary for the maintenance of harbor channels provided

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

22 of harbor lines, and serving essential needs of general com23 merce and navigation; surveys and charting of northern

24 and northwestern lakes and connecting waters; clearing and

25 straightening channels; and removal of obstructions to navi26 gation, $1,862,471,000, to remain available until expended,
53

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1 of which such sums as become available in the Harbor

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

3 may be derived from that Fund; and of which such sums

4 as become available from the special account established by

5 the Land and Water Conservation Act of 1965, as amended

6 (16 U.S.C. 460l), may be derived from that account for con7 struction, operation, and maintenance of outdoor recreation

8 facilities: Provided, That the Secretary of the Army, acting

9 through the Chief of Engineers, from the funds provided

10 herein for the operation and maintenance of New York Har11 bor, New York, is directed to prepare the necessary docu12 mentation and initiate removal of submerged obstructions

13 and debris in the area previously marked by the Ambrose

14 Light Tower in the interest of safe navigation.

15 REGULATORY PROGRAM

16 For expenses necessary for administration of laws per17 taining to regulation of navigable waters and wetlands,

18 $120,000,000, to remain available until expended: Pro19 vided, That the Secretary of the Army, acting through the

20 Chief of Engineers, is directed to use funds appropriated

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

22 Analysis For the 1999 Proposal to Issue and Modify Na23 tionwide Permits, to reflect the Nationwide Permits actu24 ally issued on March 9, 2000, including changes in the acre25 age limits, preconstruction notification requirements and

26 general conditions between the rule proposed on July 21,
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1 1999, and the rule promulgated and published in the Fed2 eral Register; (2) after consideration of the cost analysis

3 for the 1999 proposal to issue and modify nationwide per4 mits and the supplement prepared pursuant to this Act and

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

6 publish in the Federal Register a Permit Processing Man7 agement Plan by which the Corps of Engineers will handle

8 the additional work associated with all projected increases

9 in the number of individual permit applications and

10 preconstruction notifications related to the new and replace11 ment permits and general conditions. The Permit Proc12 essing Management Plan shall include specific objective

13 goals and criteria by which the Corps of Engineers’ progress

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

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

16 thereafter, report to Congress and publish in the Federal

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

18 measured against the criteria set out in the Permit Proc19 essing Management Plan; (4) implement a 1-year pilot pro20 gram to publish quarterly on the U.S. Army Corps of Engi21 neer’s Regulatory Program website all Regulatory Analysis

22 and Management Systems (RAMS) data for the South Pa23 cific Division and North Atlantic Division beginning with24 in 30 days of the enactment of this Act; and (5) publish

25 in Division Office websites all findings, rulings, and deci-
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1 sions rendered under the administrative appeals process for

2 the Corps of Engineers Regulatory Program as established

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

4 period ending on September 30, 2003, the Corps of Engi5 neers shall allow any appellant to keep a verbatim record

6 of the proceedings of the appeals conference under the afore7 mentioned administrative appeals process: Provided fur8 ther, That within 30 days of the enactment of this Act, the

9 Secretary of the Army, acting through the Chief of Engi10 neers, shall require all U.S. Army Corps of Engineers Divi11 sions and Districts to record the date on which a Section

12 404 individual permit application or nationwide permit

13 notification is filed with the Corps of Engineers: Provided

14 further, That the Corps of Engineers, when reporting per15 mit processing times, shall track both the date a permit ap16 plication is first received and the date the application is

17 considered complete, as well as the reason that the applica18 tion is not considered complete upon first submission.

19 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

20 For expenses necessary to clean up contamination

21 from sites throughout the United States resulting from work

22 performed as part of the Nation’s early atomic energy pro23 gram, $140,000,000, to remain available until expended.

24 GENERAL EXPENSES

25 For expenses necessary for general administration and

26 related functions in the Office of the Chief of Engineers and
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1 offices of the Division Engineers; activities of the Coastal

2 Engineering Research Board, the Humphreys Engineer

3 Center Support Activity, the Water Resources Support Cen4 ter, and headquarters support functions at the USACE Fi5 nance Center, $152,000,000, to remain available until ex6 pended: Provided, That no part of any other appropriation

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

8 the activities of the Office of the Chief of Engineers or the

9 executive direction and management activities of the divi10 sion offices: Provided further, That none of these funds shall

11 be available to support an office of congressional affairs

12 within the executive office of the Chief of Engineers.

13 REVOLVING FUND

14 Amounts in the Revolving fund are available for the

15 costs of relocating the U.S. Army Corps of Engineers head16 quarters to office space in the General Accounting Office

17 headquarters building in Washington, D.C.

18 ADMINISTRATIVE PROVISIONS

19 Appropriations in this title shall be available for offi20 cial reception and representation expenses (not to exceed

21 $5,000); and during the current fiscal year the Revolving

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

23 (not to exceed 100 for replacement only) and hire of pas24 senger motor vehicles.
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1 GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL

2 SEC. 101. Notwithstanding any other provisions of

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

4 projects for which funds are identified in the Committee re5 ports accompanying this Act under the Construction, Gen6 eral; Operation and Maintenance, General; and Flood Con7 trol, Mississippi River and Tributaries, appropriation ac8 counts: Provided, That the Secretary of the Army, acting

9 through the Chief of Engineers, is directed to undertake

10 these projects using continuing contracts, as authorized in

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

12 1922 (33 U.S.C. 621).

13 SEC. 102. Agreements proposed for execution by the As14 sistant Secretary of the Army for Civil Works or the United

15 States Army Corps of Engineers after the date of the enact16 ment of this Act pursuant to section 4 of the Rivers and

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

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

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

20 208; section 215 of the Flood Control Act of 1968, as amend21 ed, Public Law 90–483; sections 104, 203, and 204 of the

22 Water Resources Development Act of 1986, as amended

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

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

25 580; section 211 of the Water Resources Development Act
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1 of 1996, Public Law 104–303, and any other specific project

2 authority, shall be limited to credits and reimbursements

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

4 and total credits and reimbursements for all applicable

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

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

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

8 Control Manual when it is made known to the Federal enti9 ty or official to which the funds are made available that

10 such revision provides for an increase in the springtime

11 water release program during the spring heavy rainfall and

12 snow melt period in States that have rivers draining into

13 the Missouri River below the Gavins Point Dam.

14 TITLE II

15 DEPARTMENT OF THE INTERIOR

16 CENTRAL UTAH PROJECT

17 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

18 For carrying out activities authorized by the Central

19 Utah Project Completion Act, $38,724,000, to remain avail20 able until expended, of which $19,158,000 shall be deposited

21 into the Utah Reclamation Mitigation and Conservation

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

23 account, $5,000,000 shall be considered the Federal con24 tribution authorized by paragraph 402(b)(2) of the Central

25 Utah Project Completion Act and $14,158,000 shall be
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1 available to the Utah Reclamation Mitigation and Con2 servation Commission to carry out activities authorized

3 under that Act.

4 In addition, for necessary expenses incurred in car5 rying out related responsibilities of the Secretary of the In6 terior, $1,216,000, to remain available until expended.

7 BUREAU OF RECLAMATION

8 For carrying out the functions of the Bureau of Rec9 lamation as provided in the Federal reclamation laws (Act

10 of June 17, 1902, 32 Stat. 388, and Acts amendatory there11 of or supplementary thereto) and other Acts applicable to

12 that Bureau as follows:

13 WATER AND RELATED RESOURCES

14 (INCLUDING TRANSFER OF FUNDS)

15 For management, development, and restoration of

16 water and related natural resources and for related activi17 ties, including the operation, maintenance and rehabilita18 tion of reclamation and other facilities, participation in

19 fulfilling related Federal responsibilities to Native Ameri20 cans, and related grants to, and cooperative and other

21 agreements with, State and local governments, Indian

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

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

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

25 shall be available for transfer to the Lower Colorado River

26 Basin Development Fund; of which such amounts as may
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1 be necessary may be advanced to the Colorado River Dam

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

3 water development, feasibility studies, and related adminis4 trative costs under Public Law 106–163; of which not more

5 than 25 percent of the amount provided for drought emer6 gency assistance may be used for financial assistance for

7 the preparation of cooperative drought contingency plans

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

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

10 be carried out by the Youth Conservation Corps, as author11 ized by 16 U.S.C. 1706: Provided, That such transfers may

12 be increased or decreased within the overall appropriation

13 under this heading: Provided further, That of the total ap14 propriated, the amount for program activities that can be

15 financed by the Reclamation Fund or the Bureau of Rec16 lamation special fee account established by 16 U.S.C. 460l–

17 6a(i) shall be derived from that Fund or account: Provided

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

19 available until expended for the purposes for which contrib20 uted: Provided further, That funds advanced under 43

21 U.S.C. 397a shall be credited to this account and are avail22 able until expended for the same purposes as the sums ap23 propriated under this heading: Provided further, That

24 funds available for expenditure for the Departmental Irri25 gation Drainage Program may be expended by the Bureau
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1 of Reclamation for site remediation on a non-reimbursable

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

3 102–250, Reclamation States Emergency Drought Relief

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

5 ‘‘2000, and 2001’’ in lieu of ‘‘and 2000’’: Provided further,

6 That the amount authorized for Indian municipal, rural,

7 and industrial water features by section 10 of Public Law

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

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

10 245, and Public Law 106–60 is increased by $2,000,000

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

12 authorized for Minidoka Project North Side Pumping Divi13 sion, Idaho, by section 5 of Public Law 81–864, is increased

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

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

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

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

18 $95,000,000 further authorized to be appropriated by

19 amendments to that Act in 2000,’’; (2) by inserting in Sec20 tion 5 after ‘‘levels),’’ and before ‘‘plus’’ the following: ‘‘and,

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

22 $95,000,000 (October 1, 2000, price levels),’’; and (3) by

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

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

25 days’’.
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1 BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

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

3 to remain available until expended, as authorized by the

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

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

6 including the cost of modifying such loans, shall be as de7 fined in section 502 of the Congressional Budget Act of

8 1974, as amended: Provided further, That these funds are

9 available to subsidize gross obligations for the principal

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

11 In addition, for administrative expenses necessary to

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

13 $425,000, to remain available until expended: Provided,

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

15 activities that can be financed by the Reclamation Fund

16 shall be derived from that Fund.

17 CENTRAL VALLEY PROJECT RESTORATION FUND

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

19 habitat restoration, improvement, and acquisition provi20 sions of the Central Valley Project Improvement Act,

21 $38,382,000, to be derived from such sums as may be col22 lected in the Central Valley Project Restoration Fund pur23 suant to sections 3407(d), 3404(c)(3), 3405(f), and

24 3406(c)(1) of Public Law 102–575, to remain available

25 until expended: Provided, That the Bureau of Reclamation

26 is directed to assess and collect the full amount of the addi-
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1 tional mitigation and restoration payments authorized by

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

3 POLICY AND ADMINISTRATION

4 For necessary expenses of policy, administration, and

5 related functions in the office of the Commissioner, the Den6 ver office, and offices in the five regions of the Bureau of

7 Reclamation, to remain available until expended,

8 $50,224,000, to be derived from the Reclamation Fund and

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

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

11 be available for activities or functions budgeted as policy

12 and administration expenses.

13 ADMINISTRATIVE PROVISIONS

14 SEC. 201. Appropriations for the Bureau of Reclama15 tion shall be available for purchase of not to exceed four

16 passenger motor vehicles for replacement only.

17 SEC. 202. Funds under this title for Drought Emer18 gency Assistance shall be made available primarily for leas19 ing of water for specified drought related purposes from

20 willing lessors, in compliance with existing State laws and

21 administered under State water priority allocation. Such

22 leases may be entered into with an option to purchase: Pro23 vided, That such purchase is approved by the State in

24 which the purchase takes place and the purchase does not

25 cause economic harm within the State in which the pur26 chase is made.
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1 GENERAL PROVISION

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

3 thereafter, the Secretary of the Interior shall continue the

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

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

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

9 Department of Labor.

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

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

15 Operation of Glen Canyon Dam and activities required by

16 the Programmatic Agreement on Cultural and Historic

17 Properties.

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

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

20 the Secretary of the Interior may use funds appropriated

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

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

24 SEC. 204. Effective for fiscal year 2000, and each sub25 sequent fiscal year, notwithstanding any other provision of
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1 law, no funds appropriated in this or any other act shall

2 be expended to implement the policies articulated in the

3 memorandum dated June 19, 2000, concerning the Middle

4 Rio Grande Project, written by the Solicitor of the Depart5 ment of the Interior to the Commissioner of the Bureau of

6 Reclamation and the Director of the Fish and Wildlife Serv7 ice, and the legal analysis referenced in the memorandum

8 or any subsequent recommendations, directives or other cor9 respondence including a letter referenced ALB–105 ENV–

10 4.00, dated July 6, 2000, to the Chief Executive Officer of

11 the Middle Rio Grande Conservancy District from the Albu12 querque Area Manager of the Bureau of Reclamation ad13 dressing the issues raised by this Solicitor’s memorandum

14 except as may be provided in an agreement entered into

15 by all affected holders of water rights within the Middle

16 Rio Grande Conservancy District and which agreement has

17 been approved by the New Mexico State Engineer, or as

18 may be required by a final non-appealable court order.

19 Effective for fiscal year 2000, and each subsequent fis20 cal year, notwithstanding any other provision of law, no

21 funds appropriated in this or any other Act shall be ex22 pended to implement the policies, recommendations and di23 rectives articulated in a letter referenced ENV–4.00, ALB–

24 105, dated June 29, 2000, to the Chairman of the Board

25 of Directors for the Fort Sumner Irrigation District from
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1 the Albuquerque Area Manager of the Bureau of Reclama2 tion regarding the Fort Sumner Diversion Dam Water Op3 erations except as may be provided in an agreement entered

4 into by all affected holders of water rights within the Fort

5 Sumner Irrigation District and which agreement has been

6 approved by the New Mexico State Engineer, or as may

7 be required by a final non-appealable court order.

8 SEC. 205. Section 202 of Division B, Title I, Chapter

9 2 of Public Law 106–246 is amended by adding at the end

10 the following: ‘‘This section shall be effective through Sep11 tember 30, 2001.’’.

12 TITLE III

13 DEPARTMENT OF ENERGY

14 ENERGY PROGRAMS

15 ENERGY SUPPLY

16 (INCLUDING TRANSFER OF FUNDS)

17 For Department of Energy expenses including the pur18 chase, construction and acquisition of plant and capital

19 equipment, and other expenses necessary for energy supply,

20 and uranium supply and enrichment activities in carrying

21 out the purposes of the Department of Energy Organization

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

23 condemnation of any real property or any facility or for

24 plant or facility acquisition, construction, or expansion;

25 and the purchase of not to exceed 17 passenger motor vehi-
67

HR 4733 RS

1 cles for replacement only, $691,520,000 to remain available

2 until September 30, 2002, of which $12,000,000 shall be de3 rived by transfer from the United States Enrichment Cor4 poration Fund: Provided, That, in addition, royalties re5 ceived to compensate the Department of Energy for its par6 ticipation in the First-Of-A-Kind-Engineering program

7 shall be credited to this account to be available until Sep8 tember 30, 2002 for the purposes of Nuclear Energy, Science

9 and Technology activities.

10 NON-DEFENSE ENVIRONMENTAL MANAGEMENT

11 For Department of Energy expenses, including the

12 purchase, construction and acquisition of plant and capital

13 equipment and other expenses necessary for non-defense en14 vironmental management activities in carrying out the

15 purposes of the Department of Energy Organization Act (42

16 U.S.C. 7101 et seq.), including the acquisition or con17 demnation of any real property or any facility or for plant

18 or facility acquisition, construction or expansion,

19 $309,141,000, to remain available until expended.

20 URANIUM ENRICHMENT DECONTAMINATION AND

21 DECOMMISSIONING FUND

22 For necessary expenses in carrying out uranium en23 richment facility decontamination and decommissioning,

24 remedial actions and other activities of title II of the Atom25 ic Energy Act of 1954 and title X, subtitle A of the Energy

26 Policy Act of 1992, $297,778,000, to be derived from the
68

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

2 $30,000,000 of amounts derived from the Fund for such ex3 penses shall be available in accordance with title X, subtitle

4 A, of the Energy Policy Act of 1992.

5 SCIENCE

6 For Department of Energy expenses including the pur7 chase, construction and acquisition of plant and capital

8 equipment, and other expenses necessary for science activi9 ties in carrying out the purposes of the Department of En10 ergy Organization Act (42 U.S.C. 7101 et seq.), including

11 the acquisition or condemnation of any real property or

12 facility or for plant or facility acquisition, construction, or

13 expansion, and purchase of not to exceed 58 passenger

14 motor vehicles for replacement only, $2,870,112,000, to re15 main available until expended: Provided, That notwith16 standing any other provision of law, not to exceed

17 $51,163,000 of the funds appropriated herein may be obli18 gated for the Small Business Innovation Research program

19 and not to exceed $3,069,000 of the funds appropriated

20 herein may be obligated for the Small Business Technology

21 Transfer program.

22 NUCLEAR WASTE DISPOSAL

23 For nuclear waste disposal activities to carry out the

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

25 acquisition of real property or facility construction or ex26 pansion, $59,175,000, to remain available until expended
69

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

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

3 of Nevada solely for expenditures, other than salaries and

4 expenses of State employees, to conduct scientific oversight

5 responsibilities pursuant to the Nuclear Waste Policy Act

6 of 1982, (Public Law 97–425) as amended: Provided fur7 ther, That not to exceed $5,887,000 may be provided to af8 fected units of local governments, as defined in Public Law

9 97–425, to conduct appropriate activities pursuant to the

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

11 as determined by the units of local government shall be ap12 proved by the Department of Energy: Provided further,

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

14 to the Nevada Division of Emergency Management by direct

15 payment and units of local government by direct payment:

16 Provided further, That within 90 days of the completion

17 of each Federal fiscal year, the Nevada Division of Environ18 mental Management and the Governor of the State of Ne19 vada and each local entity shall provide certification to the

20 Department of Energy, that all funds expended from such

21 payments have been expended for activities authorized by

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

23 shall cause such entity to be prohibited from any further

24 funding provided for similar activities: Provided, That

25 none of the funds herein appropriated may be: (1) used di-
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1 rectly or indirectly to influence legislative action on any

2 matter pending before Congress or a State legislature or for

3 lobbying activity as provided in 18 U.S.C. 1913; (2) used

4 for litigation expenses; or (3) used to support multi-state

5 efforts or other coalition building activities inconsistent

6 with the restrictions contained in this Act: Provided further,

7 That all proceeds and recoveries by the Secretary in car8 rying out activities authorized by the Nuclear Waste Policy

9 Act of 1982 in Public Law 97–425, as amended, including

10 but not limited to, any proceeds from the sale of assets, shall

11 be available without further appropriation and shall re12 main available until expended.

13 DEPARTMENTAL ADMINISTRATION

14 For salaries and expenses of the Department of Energy

15 necessary for departmental administration in carrying out

16 the purposes of the Department of Energy Organization Act

17 (42 U.S.C. 7101 et seq.), including the hire of passenger

18 motor vehicles and official reception and representation ex19 penses (not to exceed $35,000), $210,128,000, to remain

20 available until expended, plus such additional amounts as

21 necessary to cover increases in the estimated amount of cost

22 of work for others notwithstanding the provisions of the

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

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

25 increases of the same or greater amount, to remain avail26 able until expended: Provided further, That moneys received
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1 by the Department for miscellaneous revenues estimated to

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

3 used for operating expenses within this account, and may

4 remain available until expended, as authorized by section

5 201 of Public Law 95–238, notwithstanding the provisions

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

7 appropriated shall be reduced by the amount of miscella8 neous revenues received during fiscal year 2001 so as to

9 result in a final fiscal year 2001 appropriation from the

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

11 OFFICE OF THE INSPECTOR GENERAL

12 For necessary expenses of the Office of the Inspector

13 General in carrying out the provisions of the Inspector Gen14 eral Act of 1978, as amended, $28,988,000, to remain avail15 able until expended.

16 ATOMIC ENERGY DEFENSE ACTIVITIES

17 NATIONAL NUCLEAR SECURITY ADMINISTRATION

18 WEAPONS ACTIVITIES

19 For Department of Energy expenses, including the

20 purchase, construction and acquisition of plant and capital

21 equipment and other incidental expenses necessary for

22 atomic energy defense weapons activities in carrying out

23 the purposes of the Department of Energy Organization Act

24 (42 U.S.C. 7101 et seq.), including the acquisition or con25 demnation of any real property or any facility or for plant

26 or facility acquisition, construction, or expansion; and the
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1 purchase of passenger motor vehicles (not to exceed 12 for

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

3 until expended.

4 DEFENSE NUCLEAR NONPROLIFERATION

5 For Department of Energy expenses, including the

6 purchase, construction and acquisition of plant and capital

7 equipment and other incidental expenses necessary for

8 atomic energy defense, Defense Nuclear Nonproliferation ac9 tivities, in carrying out the purposes of the Department of

10 Energy Organization Act (42 U.S.C. 7101 et seq.), includ11 ing the acquisition or condemnation of any real property

12 or any facility or for plant or facility acquisition, construc13 tion, or expansion, $908,967,000, to remain available until

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

15 for official reception and representation expenses for na16 tional security and nonproliferation (including trans17 parency) activities in fiscal year 2001.

18 NAVAL REACTORS

19 For Department of Energy expenses, including the

20 purchase, construction and acquisition of plant and capital

21 equipment and other incidental expenses necessary for

22 atomic energy defense, Naval Reactor activities, in carrying

23 out the purposes of the Department of Energy Organization

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

25 condemnation of any real property or any facility or for
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1 plant or facility acquisition, construction, or expansion,

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

3 OFFICE OF THE ADMINISTRATOR

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

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

8 expended.

9 OTHER DEFENSE RELATED ACTIVITIES

10 DEFENSE ENVIRONMENTAL RESTORATION AND WASTE

11 MANAGEMENT

12 For Department of Energy expenses, including the

13 purchase, construction and acquisition of plant and capital

14 equipment and other expenses necessary for atomic energy

15 defense environmental restoration and waste management

16 activities in carrying out the purposes of the Department

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

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

23 amounts appropriated under this heading that are used to

24 provide economic assistance under section 15 of the Waste

25 Isolation Pilot Plant Land Withdrawal Act (Public Law

26 102–579) shall be utilized to the extent necessary to reim-
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1 burse costs of financial assurances required of a contractor

2 by any permit or license of the Waste Isolation Pilot Plant

3 issued by the State of New Mexico.

4 DEFENSE FACILITIES CLOSURE PROJECTS

5 For expenses of the Department of Energy to accelerate

6 the closure of defense environmental management sites, in7 cluding the purchase, construction and acquisition of plant

8 and capital equipment and other necessary expenses,

9 $1,082,297,000, to remain available until expended.

10 DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION

11 For Department of Energy expenses for privatization

12 projects necessary for atomic energy defense environmental

13 management activities authorized by the Department of

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

15 $324,000,000, to remain available until expended.

16 OTHER DEFENSE ACTIVITIES

17 For Department of Energy expenses, including the

18 purchase, construction and acquisition of plant and capital

19 equipment and other expenses necessary for atomic energy

20 defense, other defense activities, in carrying out the pur21 poses of the Department of Energy Organization Act (42

22 U.S.C. 7101 et seq.), including the acquisition or con23 demnation of any real property or any facility or for plant

24 or facility acquisition, construction, or expansion,

25 $579,463,000, to remain available until expended, of which
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1 $17,000,000 shall be for the Department of Energy Employ2 ees Compensation Initiative upon enactment of authoriza3 tion legislation into law.

4 DEFENSE NUCLEAR WASTE DISPOSAL

5 For nuclear waste disposal activities to carry out the

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

7 acquisition of real property or facility construction or ex8 pansion, $292,000,000, to remain available until expended.

9 POWER MARKETING ADMINISTRATIONS

10 BONNEVILLE POWER ADMINISTRATION FUND

11 Expenditures from the Bonneville Power Administra12 tion Fund, established pursuant to Public Law 93–454, are

13 approved for the Nez Perce Tribe Resident Fish Substi14 tution Program, the Cour D’Alene Tribe Trout Production

15 facility, and for official reception and representation ex16 penses in an amount not to exceed $1,500.

17 During fiscal year 2001, no new direct loan obliga18 tions may be made. Section 511 of the Energy and Water

19 Development Appropriations Act, 1997 (Public Law 104–

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

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

22 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

23 ADMINISTRATION

24 For necessary expenses of operation and maintenance

25 of power transmission facilities and of marketing electric

26 power and energy, including transmission wheeling and
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1 ancillary services, pursuant to the provisions of section 5

2 of the Flood Control Act of 1944 (16 U.S.C. 825s), as ap3 plied to the southeastern power area, $3,900,000, to remain

4 available until expended; in addition, notwithstanding the

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

6 Southeastern Power Administration pursuant to the Flood

7 Control Act to recover purchase power and wheeling ex8 penses shall be credited to this account as offsetting collec9 tions, to remain available until expended for the sole pur10 pose of making purchase power and wheeling expenditures

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

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

13 $20,000,000; and for fiscal year 2004, up to $15,000,000.

14 OPERATION AND MAINTENANCE, SOUTHWESTERN POWER

15 ADMINISTRATION

16 (INCLUDING TRANSFER OF FUNDS)

17 For necessary expenses of operation and maintenance

18 of power transmission facilities and of marketing electric

19 power and energy, and for construction and acquisition of

20 transmission lines, substations and appurtenant facilities,

21 and for administrative expenses, including official recep22 tion and representation expenses in an amount not to ex23 ceed $1,500 in carrying out the provisions of section 5 of

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

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

26 available until expended; in addition, notwithstanding the
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1 provisions of 31 U.S.C. 3302, not to exceed $4,200,000 in

2 reimbursements, to remain available until expended: Pro3 vided, That amounts collected by the Southwestern Power

4 Administration pursuant to the Flood Control Act to re5 cover purchase power and wheeling expenses shall be cred6 ited to this account as offsetting collections, to remain avail7 able until expended for the sole purpose of making purchase

8 power and wheeling expenditures as follows: for fiscal year

9 2001, up to $288,000; for fiscal year 2002, up to $288,000;

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

11 2004, up to $288,000.

12 CONSTRUCTION, REHABILITATION, OPERATION AND

13 MAINTENANCE, WESTERN AREA POWER ADMINISTRATION

14 For carrying out the functions authorized by title III,

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

16 7152), and other related activities including conservation

17 and renewable resources programs as authorized, including

18 official reception and representation expenses in an amount

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

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

21 the Department of the Interior Reclamation Fund: Pro22 vided, That of the amount herein appropriated, $5,950,000

23 is for deposit into the Utah Reclamation Mitigation and

24 Conservation Account pursuant to title IV of the Reclama25 tion Projects Authorization and Adjustment Act of 1992:

26 Provided further, That amounts collected by the Western
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1 Area Power Administration pursuant to the Flood Control

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

3 recover purchase power and wheeling expenses shall be cred4 ited to this account as offsetting collections, to remain avail5 able until expended for the sole purpose of making purchase

6 power and wheeling expenditures as follows: for fiscal year

7 2001, up to $42,500,000; for fiscal year 2002, up to

8 $33,500,000; for fiscal year 2003, up to $30,000,000; and

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

10 FALCON AND AMISTAD OPERATING AND MAINTENANCE

11 FUND

12 For operation, maintenance, and emergency costs for

13 the hydroelectric facilities at the Falcon and Amistad

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

15 to be derived from the Falcon and Amistad Operating and

16 Maintenance Fund of the Western Area Power Administra17 tion, as provided in section 423 of the Foreign Relations

18 Authorization Act, Fiscal Years 1994 and 1995.

19 FEDERAL ENERGY REGULATORY COMMISSION

20 SALARIES AND EXPENSES

21 For necessary expenses of the Federal Energy Regu22 latory Commission to carry out the provisions of the De23 partment of Energy Organization Act (42 U.S.C. 7101 et

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

25 the hire of passenger motor vehicles, and official reception

26 and representation expenses (not to exceed $3,000),
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1 $175,200,000, to remain available until expended: Pro2 vided, That notwithstanding any other provision of law, not

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

4 charges, and other services and collections in fiscal year

5 2001 shall be retained and used for necessary 2001 expenses

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

7 Provided further, That the sum herein appropriated from

8 the General Fund shall be reduced as revenues are received

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

10 2001 appropriation from the General Fund estimated at

11 not more than $0.

12 GENERAL PROVISIONS—DEPARTMENT OF

13 ENERGY

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

15 Act for Department of Energy programs may be used to

16 award, amend, or modify a contract in a manner that devi17 ates from the Federal Acquisition Regulation unless, on a

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

19 is granted.

20 (b) The Administrator of the National Nuclear Secu21 rity Administration shall have the exclusive waiver author22 ity for activities under ‘‘Atomic Energy Defense Activities,

23 National Nuclear Security Administration’’ and may not

24 delegate the authority to grant such a waiver. The Secretary
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1 of Energy shall have the exclusive waiver authority for all

2 other activities which may not be delegated.

3 (c) At least 60 days before a contract award, amend4 ment, or modification for which the Secretary intends to

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

6 Secretary shall submit to the Subcommittees on Energy and

7 Water Development of the Committees on Appropriations

8 of the House of Representatives and the Senate a report no9 tifying the subcommittees of the waiver and setting forth

10 the reasons for the waiver.

11 (d) At least 60 days before a contract award, amend12 ment, or modification for which the Administrator of the

13 National Nuclear Security Administration intends to grant

14 such a waiver as provided in subsection (b), the Adminis15 trator shall submit to the Subcommittees on Energy and

16 Water Development of the Committees on Appropriations

17 of the House of Representatives and the Senate a report no18 tifying the subcommittees of the waiver and setting forth

19 the reasons for the waiver.

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

21 Act under ‘‘Atomic Energy Defense Activities, National Nu22 clear Security Administration’’ may be used to award,

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

24 from the Federal Acquisition Regulation, unless the Admin25 istrator of the National Nuclear Security Administration
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1 grants, on a case-by-case basis, a waiver to allow for such

2 a deviation. The Administrator may not delegate the au3 thority to grant such a waiver.

4 (b) At least 60 days before a contract award, amend5 ment, or modification for which the Administrator intends

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

7 the Subcommittees on Energy and Water Development of

8 the Committees on Appropriations of the House of Rep9 resentatives and the Senate a report notifying the sub10 committees of the waiver and setting forth the reasons for

11 the waiver.

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

13 may be used to—

14 (1) develop or implement a workforce restruc15 turing plan that covers employees of the Department

16 of Energy; or

17 (2) provide enhanced severance payments or

18 other benefits for employees of the Department of En19 ergy, under section 3161 of the National Defense Au20 thorization Act for Fiscal Year 1993 (Public Law

21 102–484; 106 Stat. 2644; 42 U.S.C. 7274h).

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

23 may be used to prepare or initiate Requests For Proposals

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

25 by Congress.
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1 (TRANSFERS OF UNEXPENDED BALANCES)

2 SEC. 305. The unexpended balances of prior appro3 priations provided for activities in this Act may be trans4 ferred to appropriation accounts for such activities estab5 lished pursuant to this title. Balances so transferred may

6 be merged with funds in the applicable established accounts

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

8 same time period as originally enacted.

9 SEC. 306. Notwithstanding 41 U.S.C. 254c(a), the Sec10 retary of Energy may use funds appropriated by this Act

11 to enter into or continue multi-year contracts for the acqui12 sition of property or services under the head, ‘‘Energy Sup13 ply’’ without obligating the estimated costs associated with

14 any necessary cancellation or termination of the contract.

15 The Secretary of Energy may pay costs of termination or

16 cancellation from—

17 (1) appropriations originally available for the

18 performance of the contract concerned;

19 (2) appropriations currently available for pro20 curement of the type of property or services concerned,

21 and not otherwise obligated; or

22 (3) funds appropriated for those payments.

23 SEC. 307. Of the funds in this Act provided to govern24 ment-owned, contractor-operated laboratories, up to 6 per25 cent shall be available to be used for Laboratory Directed
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1 Research and Development: Provided, That the funds in the

2 Environmental Management programs of the Department

3 of Energy are available for Laboratory Directed Research

4 and Development.

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

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

7 shall be available for reimbursement of management and

8 operating contractor travel expenses.

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

10 of Energy may be used to reimburse a Department of En11 ergy management and operating contractor for travel costs

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

13 the contractor applies to its employees the same rates and

14 amounts as those that apply to Federal employees under

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

16 or rates and amounts established by the Secretary of En17 ergy. The Secretary of Energy may provide exceptions to

18 the reimbursement requirements of this section as the Sec19 retary considers appropriate.

20 SEC. 309. (a) None of the funds in this Act or any

21 future Energy and Water Development Appropriations Act

22 may be expended after December 31 of each year under a

23 covered contract unless the funds are expended in accord24 ance with a Laboratory Funding Plan that has been ap25 proved by the Administrator of the National Nuclear Secu-
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1 rity Administration. At the beginning of each fiscal year,

2 the Administrator shall issue directions to the laboratories

3 for the programs, projects, and activities to be conducted

4 in that fiscal year. The Administrator and the Laboratories

5 shall devise a Laboratory Funding Plan that identifies the

6 resources needed to carry out these programs, projects, and

7 activities. Funds shall be released to the Laboratories only

8 after the Administrator has approved the Laboratory Fund9 ing Plan. The Administrator of the National Nuclear Secu10 rity Administration may provide exceptions to this require11 ment as the Secretary considers appropriate.

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

13 means a contract for the management and operation of the

14 following laboratories: Lawrence Livermore National Lab15 oratory, Los Alamos National Laboratory, and Sandia Na16 tional Laboratories.

17 SEC. 310. Section 310(b) of Public Law 106–60 (113

18 Stat. 496) is amended by striking ‘‘Lawrence Livermore

19 National Laboratory, Los Alamos National Laboratory,

20 Oak Ridge National Laboratory, Pacific Northwest Na21 tional Laboratory, and Sandia National Laboratories.’’ in

22 paragraph (b), and inserting ‘‘Oak Ridge National Labora23 tory, and Pacific Northwest National Laboratory.’’.

24 SEC. 311. None of the funds provided in this Act may

25 be used to establish or maintain independent centers at a
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1 Department of Energy laboratory or facility unless such

2 funds have been specifically identified in the budget submis3 sion.

4 SEC. 312. None of the funds made available in this

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

6 Beam Reactor.

7 SEC. 313. None of the funds in this Act may be used

8 to dispose of transuranic waste in the Waste Isolation Pilot

9 Plant which contains concentrations of plutonium in excess

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

11 category on the date of the enactment of this Act, or is gen12 erated after such date.

13 SEC. 314. TERM OF OFFICE OF PERSON FIRST AP14 POINTED AS UNDER SECRETARY FOR NUCLEAR SECURITY

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

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

17 Security of the Department of Energy of the first person

18 appointed to that position shall be three years.

19 (b) EXCLUSIVE REASONS FOR REMOVAL.—The exclu20 sive reasons for removal from office as Under Secretary for

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

22 shall be inefficiency, neglect of duty, or malfeasance in of23 fice.

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

25 Secretary for Nuclear Security of the Department of Energy
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1 referred to in this section is the position established by sub2 section (c) of section 202 of the Department of Energy Orga3 nization Act (42 U.S.C. 7132), as added by section 3202

4 of the National Nuclear Security Administration Act (title

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

6 SEC. 315. SCOPE OF AUTHORITY OF SECRETARY OF

7 ENERGY TO MODIFY ORGANIZATION OF NATIONAL NU8 CLEAR SECURITY ADMINISTRATION. (a) SCOPE OF AUTHOR9 ITY.—Subtitle A of the National Nuclear Security Adminis10 tration Act (title XXXII of Public Law 106–65; 113 Stat.

11 957; 50 U.S.C. 2401 et seq.) is amended by adding at the

12 end the following new section:

13 ‘‘SEC. 3219. SCOPE OF AUTHORITY OF SECRETARY OF EN14 ERGY TO MODIFY ORGANIZATION OF ADMIN15 ISTRATION.

16 ‘‘Notwithstanding the authority granted by section 643

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

18 7253) or any other provision of law, the Secretary of En19 ergy may not establish, abolish, alter, consolidate, or dis20 continue any organizational unit or component, or transfer

21 any function, of the Administration, except as authorized

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

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

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

25 is amended—
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1 (1) by striking ‘‘The Secretary’’ and inserting

2 ‘‘(a) Subject to subsection (b), the Secretary’’; and

3 (2) by adding at the end the following new sub4 section:

5 ‘‘(b) The authority of the Secretary to establish, abol6 ish, alter, consolidate, or discontinue any organizational

7 unit or component of the National Nuclear Security Admin8 istration is governed by the provisions of section 3219 of

9 the National Nuclear Security Administration Act (title

10 XXXII of Public Law 106–65).’’.

11 SEC. 316. PROHIBITION ON PAY OF PERSONNEL EN12 GAGED IN CONCURRENT SERVICE OR DUTIES INSIDE AND

13 OUTSIDE NATIONAL NUCLEAR SECURITY ADMINISTRATION.

14 Subtitle C of the National Nuclear Security Administration

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

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

17 section:

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

19 IN CONCURRENT SERVICE OR DUTIES INSIDE

20 AND OUTSIDE ADMINISTRATION.

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

22 no funds authorized to be appropriated or otherwise made

23 available for the Department of Energy may be obligated

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

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

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

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

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

9 SEC. 317. The Administrator of the National Nuclear

10 Security Administration may authorize the plant manager

11 of a covered nuclear weapons production plant to engage

12 in research, development, and demonstration activities with

13 respect to the engineering and manufacturing capabilities

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

17 fiscal year from amounts available to the Department of

18 Energy for such fiscal year for national security programs,

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

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

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

22 production plant’’ means the following:

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

25 (2) The Y–12 Plant, Oak Ridge, Tennessee.
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1 (3) The Pantex Plant, Amarillo, Texas.

2 SEC. 318. LIMITING THE INCLUSION OF COSTS OF

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

5 CHARGED BY THE BONNEVILLE POWER ADMINISTRATION,

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

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

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

12 OF FISH AND WILDLIFE, WITHIN RATES CHARGED BY THE

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

17 costs for protection, mitigation and enhancement of fish and

18 wildlife, whether under the Pacific Northwest Electric

19 Power Planning and Conservation Act or any other Act,

20 not to exceed such amounts the Administrator forecasts will

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

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

24 probability for the subsequent rate period.’’.
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1 SEC. 319. Notwithstanding any other law, and without

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

5 to the formation and operation of a regional transmission

6 organization.

7 TITLE IV

8 INDEPENDENT AGENCIES

9 APPALACHIAN REGIONAL COMMISSION

10 For expenses necessary to carry out the programs au11 thorized by the Appalachian Regional Development Act of

12 1965, as amended, for necessary expenses for the Federal

13 Co-Chairman and the alternate on the Appalachian Re14 gional Commission, for payment of the Federal share of the

15 administrative expenses of the Commission, including serv16 ices as authorized by 5 U.S.C. 3109, and hire of passenger

17 motor vehicles, $66,400,000, to remain available until ex18 pended.

19 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

20 SALARIES AND EXPENSES

21 For necessary expenses of the Defense Nuclear Facili22 ties Safety Board in carrying out activities authorized by

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

24 100–456, section 1441, $18,500,000, to remain available

25 until expended.
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1 DELTA REGIONAL AUTHORITY

2 SALARIES AND EXPENSES

3 For necessary expenses to establish the Delta Regional

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

5 remain available until expended, subject to enactment of

6 authorization by law.

7 DENALI COMMISSION

8 For expenses of the Denali Commission including the

9 purchase, construction and acquisition of plant and capital

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

11 remain available until expended.

12 NUCLEAR REGULATORY COMMISSION

13 SALARIES AND EXPENSES

14 For necessary expenses of the Commission in carrying

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

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

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

19 Provided, That of the amount appropriated herein,

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

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

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

24 used for necessary salaries and expenses in this account,

25 notwithstanding 31 U.S.C. 3302, and shall remain avail-
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1 able until expended: Provided further, That $3,200,000 of

2 the funds herein appropriated for regulatory reviews and

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

5 2214: Provided further, That the sum herein appropriated

6 shall be reduced by the amount of revenues received during

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

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

9 OFFICE OF INSPECTOR GENERAL

10 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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

17 and be available until expended, for necessary salaries and

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

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

21 final fiscal year 2001 appropriation estimated at not more

22 than $0.
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1 NUCLEAR WASTE TECHNICAL REVIEW BOARD

2 SALARIES AND EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses of the Nuclear Waste Technical

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

7 Fund, and to remain available until expended.

8 TITLE V

9 FISCAL YEAR 2000 SUPPLEMENTAL

10 APPROPRIATIONS

11 DEPARTMENT OF ENERGY

12 ATOMIC ENERGY DEFENSE ACTIVITIES

13 CERRO GRANDE FIRE ACTIVITIES

14 For necessary expenses for fiscal year 2000 to reme15 diate damaged Department of Energy facilities and for

16 other expenses associated with the Cerro Grande fire,

17 $203,460,000, to remain available until expended and to

18 become available upon enactment: Provided, That the entire

19 amount shall be available only to the extent an official

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

21 of the entire amount of the request as an emergency require22 ment as defined in the Balanced Budget and Emergency

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

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

25 entire amount is designated by the Congress as an emer26 gency requirement pursuant to section 251(b)(2)(A) of the
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1 Balanced Budget and Emergency Deficit Control Act of

2 1985, as amended.

3 TITLE VI

4 RESCISSION

5 DEPARTMENT OF ENERGY

6 DEFENSE NUCLEAR WASTE DISPOSAL

7 (RESCISSION)

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

9 interim storage of nuclear waste, $85,000,000 are trans10 ferred to this heading and are hereby rescinded.

11 TITLE VII

12 GENERAL PROVISIONS

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

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

15 congressional action on any legislation or appropriation

16 matters pending before Congress, other than to commu17 nicate to Members of Congress as described in section 1913

18 of title 18, United States Code.

19 SEC. 702. (a) PURCHASE OF AMERICAN-MADE EQUIP20 MENT AND PRODUCTS.—It is the sense of the Congress that,

21 to the greatest extent practicable, all equipment and prod22 ucts purchased with funds made available in this Act should

23 be American-made.

24 (b) NOTICE REQUIREMENT.—In providing financial

25 assistance to, or entering into any contract with, any entity
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1 using funds made available in this Act, the head of each

2 Federal agency, to the greatest extent practicable, shall pro3 vide to such entity a notice describing the statement made

4 in subsection (a) by the Congress.

5 (c) PROHIBITION OF CONTRACTS WITH PERSONS

6 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

7 If it has been finally determined by a court or Federal agen8 cy that any person intentionally affixed a label bearing a

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

10 the same meaning, to any product sold in or shipped to

11 the United States that is not made in the United States,

12 the person shall be ineligible to receive any contract or sub13 contract made with funds made available in this Act, pur14 suant to the debarment, suspension, and ineligibility proce15 dures described in sections 9.400 through 9.409 of title 48,

16 Code of Federal Regulations.

17 SEC. 703. (a) None of the funds appropriated or other18 wise made available by this Act may be used to determine

19 the final point of discharge for the interceptor drain for

20 the San Luis Unit until development by the Secretary of

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

22 shall conform to the water quality standards of the State

23 of California as approved by the Administrator of the Envi24 ronmental Protection Agency, to minimize any detrimental

25 effect of the San Luis drainage waters.
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1 (b) The costs of the Kesterson Reservoir Cleanup Pro2 gram and the costs of the San Joaquin Valley Drainage

3 Program shall be classified by the Secretary of the Interior

4 as reimbursable or nonreimbursable and collected until fully

5 repaid pursuant to the ‘‘Cleanup Program—Alternative

6 Repayment Plan’’ and the ‘‘SJVDP—Alternative Repay7 ment Plan’’ described in the report entitled ‘‘Repayment

8 Report, Kesterson Reservoir Cleanup Program and San

9 Joaquin Valley Drainage Program, February 1995’’, pre10 pared by the Department of the Interior, Bureau of Rec11 lamation. Any future obligations of funds by the United

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

13 drainage studies for the San Luis Unit shall be fully reim14 bursable by San Luis Unit beneficiaries of such service or

15 studies pursuant to Federal Reclamation law.

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

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

18 2214(a)(3)) and Public Law 106–60 (113 Stat. 501), is fur19 ther amended by striking ‘‘September 30, 2000’’ and insert20 ing ‘‘September 30, 2001’’.

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

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

23 or orders for the purpose of implementation, or in prepara24 tion for implementation, of the Kyoto Protocol which was

25 adopted on December 11, 1997, in Kyoto, Japan at the
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1 Third Conference of the Parties to the United Nations

2 Framework Convention on Climate Change, which has not

3 been submitted to the Senate for advice and consent to rati4 fication pursuant to article II, section 2, clause 2, of the

5 United States Constitution, and which has not entered into

6 force pursuant to article 25 of the Protocol.

7 SEC. 706. (a) Sections 5105, 5106 and 5109 of Divi8 sion B of an Act making appropriations for military con9 struction, family housing, and base realignment and closure

10 for the Department of Defense for the fiscal year ending

11 September 30, 2001, and for other purposes (Public Law

12 106–246), are repealed.

13 (b) Subsection (a) shall take effect on the date of enact14 ment of this Act.

15 This Act may be cited as the ‘‘Energy and Water De16 velopment 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