IIB

106TH CONGRESS

2D SESSION H. R. 4733

IN THE SENATE OF THE UNITED STATES

JUNE 28, 2000

Received; read twice and referred to the Committee on Appropriations

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,
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1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

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

4 water development, and for other purposes, namely:

5 TITLE I

6 DEPARTMENT OF DEFENSE—CIVIL

7 DEPARTMENT OF THE ARMY

8 CORPS OF ENGINEERS—CIVIL

9 The following appropriations shall be expended under

10 the direction of the Secretary of the Army and the super11 vision of the Chief of Engineers for authorized civil func12 tions of the Department of the Army pertaining to rivers

13 and harbors, flood control, beach erosion, and related pur14 poses.

15 GENERAL INVESTIGATIONS

16 For expenses necessary for the collection and study

17 of basic information pertaining to river and harbor, flood

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

19 authorized projects, miscellaneous investigations, and,

20 when authorized by laws, surveys and detailed studies and

21 plans and specifications of projects prior to construction,

22 $153,327,000, to remain available until expended: Pro23 vided, That in conducting the Southwest Valley Flood

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

25 Secretary of the Army, acting through the Chief of Engi-
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1 neers, shall include an evaluation of flood damage reduc2 tion measures that would otherwise be excluded from fea3 sibility analysis based on restrictive policies regarding the

4 frequency of flooding, the drainage area, and the amount

5 of runoff.

6 CONSTRUCTION, GENERAL

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

8 shore protection, and related projects authorized by laws;

9 and detailed studies, and plans and specifications, of

10 projects (including those for development with participa11 tion or under consideration for participation by States,

12 local governments, or private groups) authorized or made

13 eligible for selection by law (but such studies shall not con14 stitute a commitment of the Government to construction),

15 $1,378,430,000, to remain available until expended, of

16 which such sums as are necessary for the Federal share

17 of construction costs for facilities under the Dredged Ma18 terial Disposal Facilities program shall be derived from

19 the Harbor Maintenance Trust Fund, as authorized by

20 Public Law 104–303; and of which such sums as are nec21 essary pursuant to Public Law 99–662 shall be derived

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

23 the costs of construction and rehabilitation of inland wa24 terways projects, including rehabilitation costs for the

25 Lock and Dam 12, Mississippi River, Iowa; Lock and Dam
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1 24, Mississippi River, Illinois and Missouri; Lock and

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

3 and Dam, and Kanawha River, West Virginia, projects;

4 and of which funds are provided for the following projects

5 in the amounts specified:

6 San Timoteo Creek (Santa Ana River Mainstem),

7 California, $5,000,000;

8 Indianapolis Central Waterfront, Indiana,

9 $7,000,000;

10 Southern and Eastern Kentucky, Kentucky,

11 $4,000,000; and

12 Clover Fork, Middlesboro, Town of Martin, Pike

13 County (including Levisa Fork and Tug Fork Tribu14 taries), Bell County, Martin County, and Harlan County,

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

16 Big Sandy River and Upper Cumberland River, Kentucky,

17 $19,000,000: Provided, That the Secretary of the Army,

18 acting through the Chief of Engineers, is directed to pro19 ceed with planning, engineering, design and construction

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

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

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

23 Huntington District Commander: Provided further, That

24 using $900,000 of the funds appropriated herein, the Sec25 retary of the Army, acting through the Chief of Engineers,
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1 is directed to undertake the Bowie County Levee project,

2 which is defined as Alternative B Local Sponsor Option,

3 in the Corps of Engineers document entitled Bowie Coun4 ty Local Flood Protection, Red River, Texas, Project De5 sign Memorandum No. 1, Bowie County Levee, dated

6 April 1997.

7 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBU8 TARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOU9 ISIANA, MISSISSIPPI, MISSOURI, AND TENNESSEE

10 For expenses necessary for prosecuting work of flood

11 control, and rescue work, repair, restoration, or mainte12 nance of flood control projects threatened or destroyed by

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

14 1), $323,350,000, to remain available until expended.

15 OPERATION AND MAINTENANCE, GENERAL

16 For expenses necessary for the preservation, oper17 ation, maintenance, and care of existing river and harbor,

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

19 may be necessary for the maintenance of harbor channels

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

21 outside of harbor lines, and serving essential needs of gen22 eral commerce and navigation; surveys and charting of

23 northern and northwestern lakes and connecting waters;

24 clearing and straightening channels; and removal of ob25 structions to navigation, $1,854,000,000, to remain avail-
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1 able until expended, of which such sums as become avail2 able in the Harbor Maintenance Trust Fund, pursuant to

3 Public Law 99–662, may be derived from that Fund, and

4 of which such sums as become available from the special

5 account established by the Land and Water Conservation

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

7 from that account for construction, operation, and mainte8 nance of outdoor recreation facilities.

9 REGULATORY PROGRAM

10 For expenses necessary for administration of laws

11 pertaining to regulation of navigable waters and wetlands,

12 $125,000,000, to remain available until expended: Pro13 vided, That the Secretary of the Army, acting through the

14 Chief of Engineers, is directed to use funds appropriated

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

16 Cost Analysis For the 1999 Proposal to Issue and Modify

17 Nationwide Permits, to reflect the Nationwide Permits ac18 tually issued on March 9, 2000, including changes in the

19 acreage limits, preconstruction notification requirements

20 and general conditions between the rule proposed on July

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

22 Federal Register; (2) after consideration of the cost anal23 ysis for the 1999 proposal to issue and modify nationwide

24 permits and the supplement prepared pursuant to this Act

25 and by September 30, 2001, prepare, submit to Congress
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1 and publish in the Federal Register a Permit Processing

2 Management Plan by which the Corps of Engineers will

3 handle the additional work associated with all projected

4 increases in the number of individual permit applications

5 and preconstruction notifications related to the new and

6 replacement permits and general conditions. The Permit

7 Processing Management Plan shall include specific objec8 tive goals and criteria by which the Corps of Engineers’

9 progress towards reducing any permit backlog can be

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

11 a biannual basis thereafter, report to Congress and pub12 lish in the Federal Register, an analysis of the perform13 ance of its program as measured against the criteria set

14 out in the Permit Processing Management Plan; (4) im15 plement a 1-year pilot program to publish quarterly on

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

17 website all Regulatory Analysis and Management Systems

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

19 Atlantic Division beginning within 30 days of the enact20 ment of this Act; and (5) publish in Division Office

21 websites all findings, rulings, and decisions rendered

22 under the administrative appeals process for the Corps of

23 Engineers Regulatory Program as established in Public

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

25 ending on September 30, 2003, the Corps of Engineers
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1 shall allow any appellant to keep a verbatim record of the

2 proceedings of the appeals conference under the aforemen3 tioned administrative appeals process: Provided further,

4 That within 30 days of the enactment of this Act, the Sec5 retary of the Army, acting through the Chief of Engineers,

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

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

8 individual permit application or nationwide permit notifi9 cation is filed with the Corps of Engineers: Provided fur10 ther, That the Corps of Engineers, when reporting permit

11 processing times, shall track both the date a permit appli12 cation is first received and the date the application is con13 sidered complete, as well as the reason that the application

14 is not considered complete upon first submission.

15 FORMERLY UTILIZED SITES REMEDIAL ACTION

16 PROGRAM

17 For expenses necessary to clean up contamination

18 from sites throughout the United States resulting from

19 work performed as part of the Nation’s early atomic en20 ergy program, $140,000,000, to remain available until ex21 pended.

22 GENERAL EXPENSES

23 For expenses necessary for general administration

24 and related functions in the Office of the Chief of Engi25 neers and offices of the Division Engineers; activities of
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1 the Coastal Engineering Research Board, the Humphreys

2 Engineer Center Support Activity, the Water Resources

3 Support Center, and headquarters support functions at

4 the USACE Finance Center, $149,500,000, to remain

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

6 other appropriation provided in title I of this Act shall

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

8 of Engineers or the executive direction and management

9 activities of the division offices: Provided further, That

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

11 of congressional affairs within the executive office of the

12 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

16 headquarters to office space in the General Accounting Of17 fice 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

2 CORPS OF ENGINEERS—CIVIL

3 SEC. 101. 16 U.S.C. 777c(a) is amended in the sec4 ond sentence by striking ‘‘2000’’ and inserting ‘‘2001’’.

5 SEC. 102. (a) The Secretary of the Army shall enter

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

7 wherein the City agrees to assume all of the responsibil8 ities of the Trinity River Authority of Texas under Con9 tract No. DACW63–76–C–0166, other than financial re10 sponsibilities, except as provided for in subsection (c) of

11 this section. The Trinity River Authority shall be relieved

12 of all of its financial responsibilities under the Contract

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

14 agreement with the City.

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

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

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

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

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

20 $2,140,000, which shall be due and payable no later than

21 December 1, 2003.

22 (c) The agreement executed pursuant to subsection

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

24 all costs associated with operation and maintenance of the
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1 recreation facilities included in the Contract referred to

2 in that subsection.

3 TITLE II

4 DEPARTMENT OF THE INTERIOR

5 CENTRAL UTAH PROJECT

6 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

7 For carrying out activities authorized by the Central

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

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

10 deposited into the Utah Reclamation Mitigation and Con11 servation Account: Provided, That of the amounts depos12 ited into that account, $5,000,000 shall be considered the

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

14 of the Central Utah Project Completion Act and

15 $14,158,000 shall be available to the Utah Reclamation

16 Mitigation and Conservation Commission to carry out ac17 tivities authorized under that Act.

18 In addition, for necessary expenses incurred in car19 rying out related responsibilities of the Secretary of the

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

21 BUREAU OF RECLAMATION

22 The following appropriations shall be expended to

23 execute authorized functions of the Bureau of Reclama24 tion:
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1 WATER AND RELATED RESOURCES

2 (INCLUDING TRANSFER OF FUNDS)

3 For management, development, and restoration of

4 water and related natural resources and for related activi5 ties, including the operation, maintenance and rehabilita6 tion of reclamation and other facilities, participation in

7 fulfilling related Federal responsibilities to Native Ameri8 cans, and related grants to, and cooperative and other

9 agreements with, State and local governments, Indian

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

11 expended, of which $1,916,000 shall be available for trans12 fer to the Upper Colorado River Basin Fund and

13 $39,467,000 shall be available for transfer to the Lower

14 Colorado River Basin Development Fund; of which such

15 amounts as may be necessary may be advanced to the Col16 orado River Dam Fund; and of which not to exceed

17 $200,000 is for financial assistance for the preparation

18 of cooperative drought contingency plans under title II of

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

20 be increased or decreased within the overall appropriation

21 under this heading: Provided further, That of the total ap22 propriated, the amount for program activities that can be

23 financed by the Reclamation Fund or the Bureau of Rec24 lamation special fee account established by 16 U.S.C.

25 460l–6a(i) shall be derived from that Fund or account:

26 Provided further, That funds contributed under 43 U.S.C.
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1 395 are available until expended for the purposes for

2 which contributed: Provided further, That funds advanced

3 under 43 U.S.C. 397a shall be credited to this account

4 and are available until expended for the same purposes

5 as the sums appropriated under this heading: Provided

6 further, That funds available for expenditure for the De7 partmental Irrigation Drainage Program may be expended

8 by the Bureau of Reclamation for site remediation on a

9 non-reimbursable basis: Provided further, That section

10 301 of Public Law 102–250, Reclamation States Emer11 gency Drought Relief Act of 1991, as amended, is amend12 ed further by inserting ‘‘2000, and 2001’’ in lieu of ‘‘and

13 2000’’: Provided further, That the amount authorized for

14 Minidoka Project North Side Pumping Division, Idaho, by

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

16 $2,805,000: Provided further, That none of the funds ap17 propriated in this Act may be used by the Bureau of Rec18 lamation for closure of the Auburn Dam, California, diver19 sion tunnel or restoration of the American River channel

20 through the Auburn Dam construction site.

21 BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

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

23 $8,944,000, to remain available until expended, as author24 ized by the Small Reclamation Projects Act of August 6,

25 1956, as amended (43 U.S.C. 422a–422l): Provided, That

26 such costs, including the cost of modifying such loans,
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1 shall be as defined in section 502 of the Congressional

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

3 these funds are available to subsidize gross obligations for

4 the principal amount of direct loans not to exceed

5 $27,000,000.

6 In addition, for administrative expenses necessary to

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

8 $425,000, to remain available until expended: Provided,

9 That of the total sums appropriated, the amount of pro10 gram activities that can be financed by the Reclamation

11 Fund shall be derived from that Fund.

12 CENTRAL VALLEY PROJECT RESTORATION FUND

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

14 habitat restoration, improvement, and acquisition provi15 sions of the Central Valley Project Improvement Act,

16 $38,382,000, to be derived from such sums as may be col17 lected in the Central Valley Project Restoration Fund pur18 suant to sections 3407(d), 3404(c)(3), 3405(f ), and

19 3406(c)(1) of Public Law 102–575, to remain available

20 until expended: Provided, That the Bureau of Reclamation

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

22 additional mitigation and restoration payments authorized

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

24 POLICY AND ADMINISTRATION

25 For necessary expenses of policy, administration, and

26 related functions in the office of the Commissioner, the
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1 Denver office, and offices in the five regions of the Bureau

2 of Reclamation, to remain available until expended,

3 $47,000,000, to be derived from the Reclamation Fund

4 and be nonreimbursable as provided in 43 U.S.C. 377:

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

6 Act shall be available for activities or functions budgeted

7 as policy and administration expenses.

8 ADMINISTRATIVE PROVISION

9 Appropriations for the Bureau of Reclamation shall

10 be available for purchase of not to exceed four passenger

11 motor vehicles for replacement only.

12 GENERAL PROVISIONS

13 DEPARTMENT OF THE INTERIOR

14 SEC. 201. None of the funds appropriated or other15 wise made available by this or any other Act may be used

16 to pay the salaries and expenses of personnel to purchase

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

18 Projects in New Mexico unless said purchase or lease is

19 in compliance with the purchase requirements of section

20 202 of Public Law 106–60.

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

22 to assess and collect annually from Central Valley Project

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

24 (June 2000 price levels), and to remit that amount annu25 ally to the Trinity Public Utilities District (TPUD). This

26 assessment shall be payable 70 percent by CVP Preference
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1 Power Customers and 30 percent by CVP Water Contrac2 tors. The CVP Water Contractor share of this assessment

3 shall be collected by the Secretary through established Bu4 reau of Reclamation (Reclamation) Operation and Mainte5 nance ratesetting practices. The CVP Power Contractor

6 share of this assessment shall be assessed by Reclamation

7 to the Western Area Power Administration, Sierra Nevada

8 Region (Western), and collected by Western through es9 tablished power ratesetting practices. The authorized

10 amount collected shall be paid annually to the TPUD.

11 TITLE III

12 DEPARTMENT OF ENERGY

13 ENERGY PROGRAMS

14 ENERGY SUPPLY

15 For Department of Energy expenses including the

16 purchase, construction and acquisition of plant and capital

17 equipment, and other expenses necessary for energy sup18 ply, and uranium supply and enrichment activities in car19 rying out the purposes of the Department of Energy Orga20 nization Act (42 U.S.C. 7101 et seq.), including the acqui21 sition or condemnation of any real property or any facility

22 or for plant or facility acquisition, construction, or expan23 sion; and the purchase of not to exceed 17 passenger

24 motor vehicles for replacement only, $576,482,000 (in25 creased by $40,000,000) to remain available until ex-
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1 pended: Provided, That, in addition, royalties received to

2 compensate the Department of Energy for its participa3 tion in the First-Of-A-Kind-Engineering program shall be

4 credited to this account to be available until September

5 30, 2002, for the purposes of Nuclear Energy, Science and

6 Technology activities.

7 NON-DEFENSE ENVIRONMENTAL MANAGEMENT

8 For Department of Energy expenses, including the

9 purchase, construction and acquisition of plant and capital

10 equipment and other expenses necessary for non-defense

11 environmental management activities in carrying out the

12 purposes of the Department of Energy Organization Act

13 (42 U.S.C. 7101 et seq.), including the acquisition or con14 demnation of any real property or any facility or for plant

15 or facility acquisition, construction or expansion,

16 $281,001,000, to remain available until expended.

17 URANIUM FACILITIES MAINTENANCE AND REMEDIATION

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses to maintain, decontaminate,

20 decommission, and otherwise remediate uranium proc21 essing facilities, $301,400,000, of which $260,000,000

22 shall be derived from the Uranium Enrichment Decon23 tamination and Decommissioning Fund and of which

24 $12,000,000 shall be derived by transfer from the United
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1 States Enrichment Corporation Fund, all of which shall

2 remain available until expended.

3 SCIENCE

4 For Department of Energy expenses including the

5 purchase, construction and acquisition of plant and capital

6 equipment, and other expenses necessary for science ac7 tivities in carrying out the purposes of the Department

8 of Energy Organization Act (42 U.S.C. 7101 et seq.), in9 cluding the acquisition or condemnation of any real prop10 erty or facility or for plant or facility acquisition, construc11 tion, or expansion, and purchase of not to exceed 58 pas12 senger motor vehicles for replacement only,

13 $2,830,915,000, to remain available until expended.

14 NUCLEAR WASTE DISPOSAL

15 For nuclear waste disposal activities to carry out the

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

17 the acquisition of real property or facility construction or

18 expansion, $213,000,000, to remain available until ex19 pended and to be derived from the Nuclear Waste Fund:

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

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

22 salaries and expenses of State employees, to conduct sci23 entific oversight responsibilities pursuant to the Nuclear

24 Waste Policy Act of 1982, Public Law 97–425, as amend25 ed: Provided further, That not to exceed $5,887,000 may
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1 be provided to affected units of local governments, as de2 fined in Public Law 97–425, to conduct appropriate activi3 ties pursuant to the Act: Provided further, That the dis4 tribution of the funds as determined by the units of local

5 government shall be approved by the Department of En6 ergy: Provided further, That the funds for the State of

7 Nevada shall be made available solely to the Nevada Divi8 sion of Emergency Management by direct payment and

9 units of local government by direct payment: Provided fur10 ther, That within 90 days of the completion of each Fed11 eral fiscal year, the Nevada Division of Emergency Man12 agement and the Governor of the State of Nevada and

13 each local entity shall provide certification to the Depart14 ment of Energy that all funds expended from such pay15 ments have been expended for activities authorized by

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

17 certification shall cause such entity to be prohibited from

18 any further funding provided for similar activities: Pro19 vided further, That none of the funds herein appropriated

20 may be: (1) used directly or indirectly to influence legisla21 tive action on any matter pending before Congress or a

22 State legislature or for lobbying activity as provided in 18

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

24 to support multi-State efforts or other coalition building

25 activities inconsistent with the restrictions contained in
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1 this Act: Provided further, That all proceeds and recoveries

2 by the Secretary in carrying out activities authorized by

3 the Nuclear Waste Policy Act of 1982 in Public Law 97–

4 425, as amended, including but not limited to, any pro5 ceeds from the sale of assets, shall be available without

6 further appropriation and shall remain available until ex7 pended.

8 DEPARTMENTAL ADMINISTRATION

9 For salaries and expenses of the Department of En10 ergy necessary for departmental administration in car11 rying out the purposes of the Department of Energy Orga12 nization Act (42 U.S.C. 7101 et seq.), including the hire

13 of passenger motor vehicles and official reception and rep14 resentation expenses (not to exceed $35,000),

15 $153,527,000, to remain available until expended, plus

16 such additional amounts as necessary to cover increases

17 in the estimated amount of cost of work for others not18 withstanding the provisions of the Anti-Deficiency Act (31

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

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

21 or greater amount, to remain available until expended:

22 Provided further, That moneys received by the Department

23 for miscellaneous revenues estimated to total

24 $111,000,000 in fiscal year 2001 may be retained and

25 used for operating expenses within this account, and may
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1 remain available until expended, as authorized by section

2 201 of Public Law 95–238, notwithstanding the provisions

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

4 appropriated shall be reduced by the amount of miscella5 neous revenues received during fiscal year 2001 so as to

6 result in a final fiscal year 2001 appropriation from the

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

8 OFFICE OF THE INSPECTOR GENERAL

9 For necessary expenses of the Office of the Inspector

10 General in carrying out the provisions of the Inspector

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

12 available until expended, including conducting a study of

13 the economic basis of recent gasoline price levels.

14 ATOMIC ENERGY DEFENSE ACTIVITIES

15 NATIONAL NUCLEAR SECURITY

16 ADMINISTRATION

17 WEAPONS ACTIVITIES

18 For Department of Energy expenses, including the

19 purchase, construction and acquisition of plant and capital

20 equipment and other incidental expenses necessary for

21 atomic energy defense weapons activities in carrying out

22 the purposes of the Department of Energy Organization

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

24 condemnation of any real property or any facility or for

25 plant or facility acquisition, construction, or expansion;
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1 and the purchase of passenger motor vehicles (not to ex2 ceed 12 for replacement only), $4,625,684,000 (reduced

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

4 2003.

5 DEFENSE NUCLEAR NONPROLIFERATION

6 For Department of Energy expenses necessary for

7 atomic energy defense and defense nuclear nonprolifera8 tion activities to carry out the Department of Energy Or9 ganization Act (42 U.S.C. 7101 et seq.), including acquisi10 tion (by purchase, condemnation, construction, or other11 wise) of real property, plant and capital equipment, facili12 ties, and facility expansion, $861,477,000, to remain

13 available until October 1, 2003: Provided, That not to ex14 ceed $7,000 may be used for official reception and rep15 resentation expenses for national security and non16 proliferation (including transparency) activities in fiscal

17 year 2001.

18 NAVAL REACTORS

19 For Department of Energy expenses necessary for

20 naval reactors activities to carry out the Department of

21 Energy Organization Act (42 U.S.C. 7101 et seq.), includ22 ing the acquisition (by purchase, condemnation, construc23 tion, or otherwise) of real property, plant, and capital

24 equipment, facilities, and facility expansion,

25 $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

•HR 4733 RFS

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 RFS

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 RFS

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 RFS

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

•HR 4733 RFS

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

•HR 4733 RFS

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 RFS

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 RFS

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.
34

•HR 4733 RFS

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 RFS

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 RFS

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

•HR 4733 RFS

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

•HR 4733 RFS

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

•HR 4733 RFS

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

•HR 4733 RFS

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 RFS

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

•HR 4733 RFS

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

•HR 4733 RFS

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

•HR 4733 RFS

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

•HR 4733 RFS

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.
46

•HR 4733 RFS

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’’.

Passed the House of Representatives June 28 (legislative day, June 27), 2000.

Attest: JEFF TRANDAHL,

Clerk.