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106TH CONGRESS

2D SESSION H. R. 5483

Making appropriations for energy and water development for the fiscal year

ending September 30, 2001, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 18, 2000

Mr. PACKARD introduced the following bill; which was referred to the

Committee on Appropriations

A BILL

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 en5 ergy and water development for the fiscal year ending Sep6 tember 30, 2001, 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 $160,038,000, to remain available until expended: Pro19 vided, That in conducting the Southwest Valley Flood

20 Damage Reduction Study, Albuquerque, New Mexico, 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 the

24 feasibility analysis based on policies regarding the fre25 quency of flooding, the drainage areas, and the amount
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1 of runoff: Provided further, That the Secretary of the

2 Army is directed to use $750,000 of the funds appro3 priated herein to continue preconstruction engineering and

4 design for the Murrieta Creek, California flood protection

5 and environmental restoration project in accordance with

6 Alternative 6, based on the Murrieta Creek feasibility re7 port and environmental impact statement dated June

8 2000 at a total cost of $90,866,000, with an estimated

9 Federal cost of $59,063,900 and an estimated non-Fed10 eral cost of $31,803,100.

11 CONSTRUCTION, GENERAL

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

13 shore protection, and related projects authorized by laws;

14 and detailed studies, and plans and specifications, of

15 projects (including those for development with participa16 tion or under consideration for participation by States,

17 local governments, or private groups) authorized or made

18 eligible for selection by law (but such studies shall not con19 stitute a commitment of the Government to construction),

20 $1,717,199,000, to remain available until expended, of

21 which such sums as are necessary for the Federal share

22 of construction costs for facilities under the Dredged Ma23 terial Disposal Facilities program shall be derived from

24 the Harbor Maintenance Trust Fund, as authorized by

25 Public Law 104–303; and of which such sums as are nec-
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1 essary pursuant to Public Law 99–662 shall be derived

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

3 the costs of construction and rehabilitation of inland wa4 terways projects, including rehabilitation costs for the

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

6 24, Mississippi River, Illinois and Missouri; Lock and

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

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

9 and of which funds are provided for the following projects

10 in the amounts specified:

11 Elba, Alabama, $8,400,000;

12 Geneva, Alabama, $10,800,000;

13 San Gabriel Basin Groundwater Restoration,

14 California, $25,000,000;

15 San Timoteo Creek (Santa Ana River

16 Mainstem), California, $5,000,000;

17 Indianapolis Central Waterfront, Indiana,

18 $10,000,000;

19 Southern and Eastern Kentucky, Kentucky,

20 $4,000,000;

21 Clover Fork, Middlesboro, City of Cumberland,

22 Town of Martin, Pike County (including Levisa

23 Fork and Tug Fork Tributaries), Bell County, Mar24 tin County, and Harlan County, Kentucky, elements

25 of the Levisa and Tug Forks of the Big Sandy River
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1 and Upper Cumberland River, Kentucky,

2 $20,000,000: Provided, That the Secretary of the

3 Army, acting through the Chief of Engineers, is di4 rected to proceed with planning, engineering, design

5 and construction of the Town of Martin, Kentucky,

6 element, in accordance with Plan A as set forth in

7 the preliminary draft Detailed Project Report, Ap8 pendix T of the General Plan of the Huntington

9 District Commander;

10 Jackson County, Mississippi, $2,000,000;

11 Bosque and Leon Rivers, Texas, $4,000,000;

12 and

13 Upper Mingo County (including Mingo County

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

15 County, and McDowell County, elements of the

16 Levisa and Tug Forks of the Big Sandy River and

17 Upper Cumberland River project in West Virginia,

18 $4,100,000:

19 Provided further, That using $900,000 of the funds appro20 priated herein, the Secretary of the Army, acting through

21 the Chief of Engineers, is directed to undertake the Bowie

22 County Levee project, which is defined as Alternative B

23 Local Sponsor Option, in the Corps of Engineers docu24 ment entitled Bowie County Local Flood Protection, Red

25 River, Texas, Project Design Memorandum No. 1, Bowie
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1 County Levee, dated April 1997: Provided further, That

2 no part of any appropriation contained in this Act shall

3 be expended or obligated to begin Phase II of the John

4 Day Drawdown study or to initiate a study of the draw5 down of McNary Dam unless authorized by law: Provided

6 further, That the Secretary of the Army, acting through

7 the Chief of Engineers, is directed hereafter to use avail8 able Construction, General funds in addition to funding

9 provided in Public Law 104–206 to complete design and

10 construction of the Red River Regional Visitors Center in

11 the vicinity of Shreveport, Louisiana at an estimated cost

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

13 of the Water Resources Development Act of 1996, is

14 amended by striking ‘‘total cost of $8,600,000’’ and in15 serting ‘‘total cost of $15,000,000’’: Provided further,

16 That the Secretary of the Army, acting through the Chief

17 of Engineers, is directed to use $3,000,000 of the funds

18 appropriated herein for additional emergency bank sta19 bilization measures at Galena, Alaska under the same

20 terms and conditions as previous emergency bank sta21 bilization work undertaken at Galena, Alaska pursuant to

22 section 116 of Public Law 99–190: Provided further, That

23 with $4,200,000 of the funds appropriated herein, the

24 Secretary of the Army, acting through the Chief of Engi25 neers, is directed to continue construction of the Bruns-
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1 wick County Beaches, North Carolina-Ocean Isle Beach

2 portion in accordance with the General Reevaluation Re3 port approved by the Chief of Engineers on May 15, 1998:

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

5 through the Chief of Engineers, is directed to use not to

6 exceed $300,000 of funds appropriated herein to reim7 burse the City of Renton, Washington, at full Federal ex8 pense, for mitigation expenses incurred for the flood con9 trol project constructed pursuant to 33 U.S.C. 701s at

10 Cedar River, City of Renton, Washington, as a result of

11 over-dredging by the Army Corps of Engineers: Provided

12 further, That $2,000,000 of the funds appropriated herein

13 shall be available for stabilization and renovation of Lock

14 and Dam 10, Kentucky River, Kentucky, subject to enact15 ment of authorization by law: Provided further, That the

16 Secretary of the Army, acting through the Chief of Engi17 neers, is directed to use $3,000,000 of the funds appro18 priated herein to initiate construction of a navigation

19 project at Kaumalapau Harbor, Hawaii: Provided further,

20 That the Secretary of the Army is directed to use

21 $2,000,000 of the funds provided herein for Dam Safety

22 and Seepage/Stability Correction Program to design and

23 construct seepage control features at Waterbury Dam,

24 Winooski River, Vermont: Provided further, That the Sec25 retary of the Army, acting through the Chief of Engineers,
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1 is directed to design and construct barge lanes at the

2 Houston-Galveston Navigation Channels, Texas, project,

3 immediately adjacent to either side of the Houston Ship

4 Channel, from Bolivar Roads to Morgan Point, to a depth

5 of 12 feet with prior years’ Construction, General carry6 over funds: Provided further, That the Secretary of the

7 Army, acting through the Chief of Engineers, may use

8 Construction, General funding as directed in Public Law

9 105–62 and Public Law 105–245 to initiate construction

10 of an emergency outlet from Devils Lake, North Dakota,

11 to the Sheyenne River, except that the funds shall not be12 come available unless the Secretary of the Army deter13 mines that an emergency (as defined in section 102 of the

14 Robert T. Stafford Disaster Relief and Emergency Assist15 ance Act (42 U.S.C. 5122)) exists with respect to the

16 emergency need for the outlet and reports to Congress

17 that the construction is technically sound, economically

18 justified, and environmentally acceptable, and in compli19 ance with the National Environmental Policy Act of 1969

20 (42 U.S.C. 4321 et seq.): Provided further, That the eco21 nomic justification for the emergency outlet shall be pre22 pared in accordance with the principles and guidelines for

23 economic evaluation as required by regulations and proce24 dures of the Army Corps of Engineers for all flood control

25 projects, and that the economic justification be fully de-
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1 scribed, including the analysis of the benefits and costs,

2 in the project plan documents: Provided further, That the

3 plans for the emergency outlet shall be reviewed and, to

4 be effective, shall contain assurances provided by the Sec5 retary of State, after consultation with the International

6 Joint Commission, that the project will not violate the re7 quirements or intent of the Treaty Between the United

8 States and Great Britain Relating to Boundary Waters

9 Between the United States and Canada, signed at Wash10 ington, January 11, 1909 (36 Stat. 2448; TS 548) (com11 monly known as the ‘‘Boundary Waters Treaty of 1909’’):

12 Provided further, That the Secretary of the Army shall

13 submit the final plans and other documents for the emer14 gency outlet to Congress: Provided further, That no funds

15 made available under this Act or any other Act for any

16 fiscal year may be used by the Secretary of the Army to

17 carry out the portion of the feasibility study of the Devils

18 Lake Basin, North Dakota, authorized under the Energy

19 and Water Development Appropriations Act, 1993 (Public

20 Law 102–377), that addresses the needs of the area for

21 stabilized lake levels through inlet controls, or to otherwise

22 study any facility or carry out any activity that would per23 mit the transfer of water from the Missouri River Basin

24 into Devils Lake: Provided further, That within available

25 funds, the Secretary of the Army, acting through the Chief
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1 of Engineers, is directed to continue construction of the

2 Rio Grand de Manati flood control project at Barceloneta,

3 Puerto Rico, which was initiated under the authority of

4 the Section 205 program prior to being specifically author5 ized in the Water Resources Development Act of 1999.

6 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES,

7 ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS8 SISSIPPI, MISSOURI, AND TENNESSEE

9 For expenses necessary for prosecuting work of flood

10 control, and rescue work, repair, restoration, or mainte11 nance of flood control projects threatened or destroyed by

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

13 1), $347,731,000, to remain available until expended: Pro14 vided, That the Secretary of the Army is directed to com15 plete his analysis and determination of Federal mainte16 nance of the Greenville Inner Harbor, Mississippi naviga17 tion project in accordance with section 509 of the Water

18 Resources Development Act of 1996.

19 OPERATION AND MAINTENANCE, GENERAL

20 For expenses necessary for the preservation, oper21 ation, maintenance, and care of existing river and harbor,

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

23 may be necessary for the maintenance of harbor channels

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

25 outside of harbor lines, and serving essential needs of gen26 eral commerce and navigation; surveys and charting of
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1 northern and northwestern lakes and connecting waters;

2 clearing and straightening channels; and removal of ob3 structions to navigation, $1,901,959,000, to remain avail4 able until expended, of which such sums as become avail5 able in the Harbor Maintenance Trust Fund, pursuant to

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

7 of which such sums as become available from the special

8 account established by the Land and Water Conservation

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

10 from that account for construction, operation, and mainte11 nance of outdoor recreation facilities: Provided, That the

12 Secretary of the Army, acting through the Chief of Engi13 neers, from the funds provided herein for the operation

14 and maintenance of New York Harbor, New York, is di15 rected to prepare the necessary documentation and initiate

16 removal of submerged obstructions and debris in the area

17 previously marked by the Ambrose Light Tower in the in18 terest of safe navigation: Provided further, That the Sec19 retary of the Army is directed to use $500,000 of funds

20 appropriated herein to remove and reinstall the docks and

21 causeway, in kind, at Astoria East Boat Basin, Oregon:

22 Provided further, That $500,000 of the funds appropriated

23 herein for the Ohio River Open Channel, Illinois, Ken24 tucky, Indiana, Ohio, West Virginia, and Pennsylvania,

25 project, are provided for the Secretary of the Army, acting
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1 through the Chief of Engineers, to dredge a channel from

2 the mouth of Wheeling Creek to Tunnel Green Park in

3 Wheeling, West Virginia.

4 REGULATORY PROGRAM

5 For expenses necessary for administration of laws

6 pertaining to regulation of navigable waters and wetlands,

7 $125,000,000, to remain available until expended: Pro8 vided, That the Secretary of the Army, acting through the

9 Chief of Engineers, is directed to use funds appropriated

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

11 Cost Analysis For the 1999 Proposal to Issue and Modify

12 Nationwide Permits, to reflect the Nationwide Permits ac13 tually issued on March 9, 2000, including changes in the

14 acreage limits, preconstruction notification requirements

15 and general conditions between the rule proposed on July

16 21, 1999, and the rule promulgated and published in the

17 Federal Register; (2) after consideration of the cost anal18 ysis for the 1999 proposal to issue and modify nationwide

19 permits and the supplement prepared pursuant to this Act

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

21 and publish in the Federal Register a Permit Processing

22 Management Plan by which the Corps of Engineers will

23 handle the additional work associated with all projected

24 increases in the number of individual permit applications

25 and preconstruction notifications related to the new and
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1 replacement permits and general conditions. The Permit

2 Processing Management Plan shall include specific objec3 tive goals and criteria by which the Corps of Engineers’

4 progress towards reducing any permit backlog can be

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

6 a biannual basis thereafter, report to Congress and pub7 lish in the Federal Register, an analysis of the perform8 ance of its program as measured against the criteria set

9 out in the Permit Processing Management Plan; (4) im10 plement a 1-year pilot program to publish quarterly on

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

12 website all Regulatory Analysis and Management Systems

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

14 Atlantic Division beginning within 30 days of the enact15 ment of this Act; and (5) publish in Division Office

16 websites all findings, rulings, and decisions rendered

17 under the administrative appeals process for the Corps of

18 Engineers Regulatory Program as established in Public

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

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

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

22 proceedings of the appeals conference under the aforemen23 tioned administrative appeals process: Provided further,

24 That within 30 days of the enactment of this Act, the Sec25 retary of the Army, acting through the Chief of Engineers,
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1 shall require all U.S. Army Corps of Engineers Divisions

2 and Districts to record the date on which a section 404

3 individual permit application or nationwide permit notifi4 cation is filed with the Corps of Engineers: Provided fur5 ther, That the Corps of Engineers, when reporting permit

6 processing times, shall track both the date a permit appli7 cation is first received and the date the application is con8 sidered complete, as well as the reason that the application

9 is not considered complete upon first submission.

10 FORMERLY UTILIZED SITES REMEDIAL ACTION

11 PROGRAM

12 For expenses necessary to clean up contamination

13 from sites throughout the United States resulting from

14 work performed as part of the Nation’s early atomic en15 ergy program, $140,000,000, to remain available until ex16 pended.

17 GENERAL EXPENSES

18 For expenses necessary for general administration

19 and related functions in the Office of the Chief of Engi20 neers and offices of the Division Engineers; activities of

21 the Coastal Engineering Research Board, the Humphreys

22 Engineer Center Support Activity, the Water Resources

23 Support Center, and headquarters support functions at

24 the USACE Finance Center, $152,000,000, to remain

25 available until expended: Provided, That no part of any
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1 other appropriation provided in title I of this Act shall

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

3 of Engineers or the executive direction and management

4 activities of the division offices: Provided further, That

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

6 of congressional affairs within the executive office of the

7 Chief of Engineers.

8 REVOLVING FUND

9 Amounts in the Revolving Fund are available for the

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

11 headquarters to office space in the General Accounting Of12 fice headquarters building in Washington, D.C.

13 ADMINISTRATIVE PROVISIONS

14 Appropriations in this title shall be available for offi15 cial reception and representation expenses (not to exceed

16 $5,000); and during the current fiscal year the Revolving

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

18 (not to exceed 100 for replacement only) and hire of pas19 senger motor vehicles.

20 GENERAL PROVISIONS

21 CORPS OF ENGINEERS—CIVIL

22 SEC. 101. (a) The Secretary of the Army shall enter

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

24 wherein the City agrees to assume all of the responsibil25 ities of the Trinity River Authority of Texas under Con-
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1 tract No. DACW63–76–C–0166, other than financial re2 sponsibilities, except as provided for in subsection (c) of

3 this section. The Trinity River Authority shall be relieved

4 of all of its financial responsibilities under the Contract

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

6 agreement with the City.

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

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

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

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

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

12 $2,140,000, which shall be due and payable no later than

13 December 1, 2003.

14 (c) The agreement executed pursuant to subsection

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

16 all costs associated with operation and maintenance of the

17 recreation facilities included in the Contract referred to

18 in that subsection.

19 SEC. 102. Agreements proposed for execution by the

20 Assistant Secretary of the Army for Civil Works or the

21 United States Army Corps of Engineers after the date of

22 the enactment of this Act pursuant to section 4 of the

23 Rivers and Harbor Act of 1915, Public Law 64–291; sec24 tion 11 of the River and Harbor Act of 1925, Public Law

25 68–585; the Civil Functions Appropriations Act, 1936,
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1 Public Law 75–208; section 215 of the Flood Control Act

2 of 1968, as amended, Public Law 90–483; sections 104,

3 203, and 204 of the Water Resources Development Act

4 of 1986, as amended (Public Law 99–662); section 206

5 of the Water Resources Development Act of 1992, as

6 amended, Public Law 102–580; section 211 of the Water

7 Resources Development Act of 1996, Public Law 104–

8 303, and any other specific project authority, shall be lim9 ited to credits and reimbursements per project not to ex10 ceed $10,000,000 in each fiscal year, and total credits and

11 reimbursements for all applicable projects not to exceed

12 $50,000,000 in each fiscal year.

13 SEC. 103. The Secretary of the Army, acting through

14 the Chief of Engineers, is authorized to construct the lo15 cally preferred plan for flood control, environmental res16 toration and recreation, Murrieta Creek, California, de17 scribed as Alternative 6, based on the Murrieta Creek Fea18 sibility Report and Environmental Impact Statement

19 dated October 2000, at a total cost of $89,850,000 with

20 an estimated Federal cost of $57,735,000 and an esti21 mated non-Federal cost of $32,115,000.

22 SEC. 104. ST. GEORGES BRIDGE, DELAWARE. None

23 of the funds made available by this Act may be used to

24 carry out any activity relating to closure or removal of

25 the St. Georges Bridge across the Chesapeake and Dela-
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1 ware Canal, Delaware, including a hearing or any other

2 activity relating to preparation of an environmental impact

3 statement concerning the closure or removal.

4 SEC. 105. Within available funds under title I, the

5 Secretary of the Army, acting through the Chief of Engi6 neers, shall provide up to $7,000,000 to replace and up7 grade the dam in Kake, Alaska which collapsed July 2000,

8 to provide drinking water and hydroelectricity.

9 TITLE II

10 DEPARTMENT OF THE INTERIOR

11 CENTRAL UTAH PROJECT

12 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

13 For carrying out activities authorized by the Central

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

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

16 deposited into the Utah Reclamation Mitigation and Con17 servation Account: Provided, That of the amounts depos18 ited into that account, $5,000,000 shall be considered the

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

20 of the Central Utah Project Completion Act and

21 $14,158,000 shall be available to the Utah Reclamation

22 Mitigation and Conservation Commission to carry out ac23 tivities authorized under that Act.
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1 In addition, for necessary expenses incurred in car2 rying out related responsibilities of the Secretary of the

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

4 BUREAU OF RECLAMATION

5 The following appropriations shall be expended to

6 execute authorized functions of the Bureau of Reclama7 tion:

8 WATER AND RELATED RESOURCES

9 (INCLUDING TRANSFER OF FUNDS)

10 For management, development, and restoration of

11 water and related natural resources and for related activi12 ties, including the operation, maintenance and rehabilita13 tion of reclamation and other facilities, participation in

14 fulfilling related Federal responsibilities to Native Ameri15 cans, and related grants to, and cooperative and other

16 agreements with, State and local governments, Indian

17 tribes, and others, $678,450,000, to remain available until

18 expended, of which $1,916,000 shall be available for trans19 fer to the Upper Colorado River Basin Fund and

20 $39,467,000 shall be available for transfer to the Lower

21 Colorado River Basin Development Fund; of which such

22 amounts as may be necessary may be advanced to the Col23 orado River Dam Fund; of which $16,000,000 shall be

24 for on-reservation water development, feasibility studies,

25 and related administrative costs under Public Law 106–

26 163; of which not more than 25 percent of the amount
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1 provided for drought emergency assistance may be used

2 for financial assistance for the preparation of cooperative

3 drought contingency plans under title II of Public Law

4 102–250; and of which not more than $500,000 is for high

5 priority projects which shall be carried out by the Youth

6 Conservation Corps, as authorized by 16 U.S.C. 1706:

7 Provided, That such transfers may be increased or de8 creased within the overall appropriation under this head9 ing: Provided further, That of the total appropriated, the

10 amount for program activities that can be financed by the

11 Reclamation Fund or the Bureau of Reclamation special

12 fee account established by 16 U.S.C. 460l–6a(i) shall be

13 derived from that Fund or account: Provided further, That

14 funds contributed under 43 U.S.C. 395 are available until

15 expended for the purposes for which contributed: Provided

16 further, That funds advanced under 43 U.S.C. 397a shall

17 be credited to this account and are available until ex18 pended for the same purposes as the sums appropriated

19 under this heading: Provided further, That funds available

20 for expenditure for the Departmental Irrigation Drainage

21 Program may be expended by the Bureau of Reclamation

22 for site remediation on a non-reimbursable basis: Provided

23 further, That section 301 of Public Law 102–250, Rec24 lamation States Emergency Drought Relief Act of 1991,

25 as amended, is amended further by inserting ‘‘2000, and
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1 2001’’ in lieu of ‘‘and 2000’’: Provided further, That the

2 amount authorized for Indian municipal, rural, and indus3 trial water features by section 10 of Public Law 89–108,

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

5 1701(b) of Public Law 102–575, Public Law 105–245,

6 and Public Law 106–60 is increased by $2,000,000 (Octo7 ber 1998 prices): Provided further, That the amount au8 thorized for Minidoka Project North Side Pumping Divi9 sion, Idaho, by section 5 of Public Law 81–864, is in10 creased by $2,805,000: Provided further, That the Rec11 lamation Safety of Dams Act of 1978 (43 U.S.C. 509)

12 is amended as follows: (1) by inserting in section 4(c) after

13 ‘‘1984,’’ and before ‘‘costs’’ the following: ‘‘and the addi14 tional $95,000,000 further authorized to be appropriated

15 by amendments to that Act in 2000,’’; (2) by inserting

16 in section 5 after ‘‘levels),’’ and before ‘‘plus’’ the fol17 lowing: ‘‘and, effective October 1, 2000, not to exceed an

18 additional $95,000,000 (October 1, 2000, price levels),’’;

19 and (3) by striking ‘‘sixty days (which’’ and all that fol20 lows through ‘‘day certain)’’ and inserting in lieu thereof

21 ‘‘30 calendar days’’.

22 BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

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

24 $8,944,000, to remain available until expended, as author25 ized by the Small Reclamation Projects Act of August 6,

26 1956, as amended (43 U.S.C. 422a–422l): Provided, That
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1 such costs, including the cost of modifying such loans,

2 shall be as defined in section 502 of the Congressional

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

4 these funds are available to subsidize gross obligations for

5 the principal amount of direct loans not to exceed

6 $27,000,000.

7 In addition, for administrative expenses necessary to

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

9 $425,000, to remain available until expended: Provided,

10 That of the total sums appropriated, the amount of pro11 gram activities that can be financed by the Reclamation

12 Fund shall be derived from that Fund.

13 CENTRAL VALLEY PROJECT RESTORATION FUND

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

15 habitat restoration, improvement, and acquisition provi16 sions of the Central Valley Project Improvement Act,

17 $38,382,000, to be derived from such sums as may be col18 lected in the Central Valley Project Restoration Fund pur19 suant to sections 3407(d), 3404(c)(3), 3405(f ), and

20 3406(c)(1) of Public Law 102–575, to remain available

21 until expended: Provided, That the Bureau of Reclamation

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

23 additional mitigation and restoration payments authorized

24 by section 3407(d) of Public Law 102–575.
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1 POLICY AND ADMINISTRATION

2 For necessary expenses of policy, administration, and

3 related functions in the office of the Commissioner, the

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

5 of Reclamation, to remain available until expended,

6 $50,224,000, to be derived from the Reclamation Fund

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

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

9 Act shall be available for activities or functions budgeted

10 as policy and administration expenses.

11 ADMINISTRATIVE PROVISION

12 Appropriations for the Bureau of Reclamation shall

13 be available for purchase of not to exceed four passenger

14 motor vehicles for replacement only.

15 GENERAL PROVISIONS

16 DEPARTMENT OF THE INTERIOR

17 SEC. 201. None of the funds appropriated or other18 wise made available by this or any other Act may be used

19 to pay the salaries and expenses of personnel to purchase

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

21 Projects in New Mexico unless said purchase or lease is

22 in compliance with the purchase requirements of section

23 202 of Public Law 106–60.

24 SEC. 202. Funds under this title for Drought Emer25 gency Assistance shall be made available primarily for

26 leasing of water for specified drought related purposes
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1 from willing lessors, in compliance with existing State laws

2 and administered under State water priority allocation.

3 Such leases may be entered into with an option to pur4 chase: Provided, That such purchase is approved by the

5 State in which the purchase takes place and the purchase

6 does not cause economic harm within the State in which

7 the purchase is made.

8 SEC. 203. Beginning in fiscal year 2001 and there9 after, the Secretary of the Interior shall assess and collect

10 annually from Central Valley Project (CVP) water and

11 power contractors the sum of $540,000 (June 2000 price

12 levels) and remit, without further appropriation, the

13 amount collected annually to the Trinity Public Utilities

14 District (TPUD). This assessment shall be payable 70

15 percent by CVP Preference Power Customers and 30 per16 cent by CVP Water Contractors. The CVP Water Con17 tractor share of this assessment shall be collected by the

18 Secretary through established Bureau of Reclamation

19 (Reclamation) Operation and Maintenance ratesetting

20 practices. The CVP Power Contractor share of this assess21 ment shall be assessed by Reclamation to the Western

22 Area Power Administration, Sierra Nevada Region (West23 ern), and collected by Western through established power

24 ratesetting practices.
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1 SEC. 204. (a) IN GENERAL.—For fiscal year 2001

2 and each fiscal year thereafter, the Secretary of the Inte3 rior shall continue funding, from power revenues, the ac4 tivities of the Glen Canyon Dam Adaptive Management

5 Program as authorized by section 1807 of the Grand Can6 yon Protection Act of 1992 (106 Stat. 4672), at not more

7 than $7,850,000 (October 2000 price level), adjusted in

8 subsequent years to reflect changes in the Consumer Price

9 Index for All Urban Consumers published by the Bureau

10 of Labor Statistics of the Department of Labor.

11 (b) VOLUNTARY CONTRIBUTIONS.—Nothing in this

12 section precludes the use of voluntary financial contribu13 tions (except power revenues) to the Adaptive Manage14 ment Program that may be authorized by law.

15 (c) ACTIVITIES TO BE FUNDED.—The activities to

16 be funded as provided under subsection (a) include activi17 ties required to meet the requirements of section 1802(a)

18 and subsections (a) and (b) of section 1805 of the Grand

19 Canyon Protection Act of 1992 (106 Stat. 4672), includ20 ing the requirements of the Biological Opinion on the Op21 eration of Glen Canyon Dam and activities required by

22 the Programmatic Agreement on Cultural and Historic

23 Properties, to the extent that the requirements and activi24 ties are consistent with the Grand Canyon Protection Act

25 of 1992 (106 Stat. 4672).
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1 (d) ADDITIONAL FUNDING.—To the extent that

2 funding under subsection (a) is insufficient to pay the

3 costs of the monitoring and research and other activities

4 of the Glen Canyon Dam Adaptive Management Program,

5 the Secretary of the Interior may use funding from other

6 sources, including funds appropriated for that purpose. All

7 such appropriated funds shall be nonreimbursable and

8 nonreturnable.

9 SEC. 205. The Secretary of the Interior is authorized

10 and directed to use not to exceed $1,000,000 of the funds

11 appropriated under title II to refund amounts received by

12 the United States as payments for charges assessed by

13 the Secretary prior to January 1, 1994 for failure to file

14 certain certification or reporting forms prior to the receipt

15 of irrigation water, pursuant to sections 206 and 224(c)

16 of the Reclamation Reform Act of 1982 (96 Stat. 1226,

17 1272; 43 U.S.C. 390ff, 390ww(c)), including the amount

18 of associated interest assessed by the Secretary and paid

19 to the United States pursuant to section 224(i) of the Rec20 lamation Reform Act of 1982 (101 Stat. 1330–268; 43

21 U.S.C. 390ww(i)).

22 SEC. 206. CANYON FERRY RESERVOIR, MONTANA.

23 (a) APPRAISALS.—Section 1004(c)(2)(B) of title X of divi24 sion C of the Omnibus Consolidated and Emergency Sup-
27

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1 plemental Appropriations Act, 1999 (112 Stat. 2681–713;

2 113 Stat. 1501A–307) is amended—

3 (1) in clause (i), by striking ‘‘be based on’’ and

4 inserting ‘‘use’’;

5 (2) in clause (vi), by striking ‘‘Notwithstanding

6 any other provision of law,’’ and inserting ‘‘To the

7 extent consistent with the Uniform Appraisal Stand8 ards for Federal Land Acquisition,’’; and

9 (3) by adding at the end the following:

10 ‘‘(vii) APPLICABILITY.—This subparagraph

11 shall apply to the extent that its application is prac12 ticable and consistent with the Uniform Appraisal

13 Standards for Federal Land Acquisition.’’.

14 (b) TIMING.—Section 1004(f )(2) of title X of division

15 C of the Omnibus Consolidated and Emergency Supple16 mental Appropriations Act, 1999 (112 Stat. 2681–714;

17 113 Stat. 1501A–308) is amended by inserting after

18 ‘‘Act,’’ the following: ‘‘in accordance with all applicable

19 law,’’.

20 (c) INTEREST.—Section 1008(b) of title X of division

21 C of the Omnibus Consolidated and Emergency Supple22 mental Appropriations Act, 1999 (112 Stat. 2681–717;

23 113 Stat. 1501A–310) is amended by striking paragraph

24 (4).
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1 SEC. 207. Beginning in fiscal year 2000 and there2 after, any amounts provided for the Newlands Water

3 Rights Fund for purchasing and retiring water rights in

4 the Newlands Reclamation Project shall be non-reimburs5 able.

6 SEC. 208. USE OF COLORADO-BIG THOMPSON

7 PROJECT FACILITIES FOR NONPROJECT WATER. The Sec8 retary of the Interior may enter into contracts with the

9 city of Loveland, Colorado, or its Water and Power De10 partment or any other agency, public utility, or enterprise

11 of the city, providing for the use of facilities of the Colo12 rado-Big Thompson Project, Colorado, under the Act of

13 February 21, 1911 (43 U.S.C. 523), for—

14 (1) the impounding, storage, and carriage of

15 nonproject water originating on the eastern slope of

16 the Rocky Mountains for domestic, municipal, indus17 trial, and other beneficial purposes; and

18 (2) the exchange of water originating on the

19 eastern slope of the Rocky Mountains for the pur20 poses specified in paragraph (1), using facilities as21 sociated with the Colorado-Big Thompson Project,

22 Colorado.

23 SEC. 209. AMENDMENT TO IRRIGATION PROJECT

24 CONTRACT EXTENSION ACT OF 1998. (a) Section 2(a) of

25 the Irrigation Project Contract Extension Act of 1998,
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1 Public Law 105–293, is amended by striking the date

2 ‘‘December 31, 2000’’, and inserting in lieu thereof the

3 date ‘‘December 31, 2003’’; and

4 (b) Subsection 2(b) of the Irrigation Project Contract

5 Extension Act of 1998, Public Law 105–293, is amended

6 by—

7 (1) striking the phrase ‘‘not to go beyond De8 cember 31, 2001’’, and inserting in lieu thereof the

9 phrase ‘‘not to go beyond December 31, 2003’’; and

10 (2) striking the phrase ‘‘terminates prior to De11 cember 31, 2000’’, and inserting in lieu thereof ‘‘ter12 minates prior to December 31, 2003’’.

13 SEC. 210. Section 202 of Division B, Title I, Chapter

14 2 of Public Law 106–246 is amended by adding at the

15 end the following: ‘‘This section shall be effective through

16 September 30, 2001.’’.

17 SEC. 211. (a) Section 106 of the San Luis Rey Indian

18 Water Rights Settlement Act (Public Law 100–675; 102

19 Stat. 4000 et seq.) is amended by adding at the end the

20 following new subsection:

21 ‘‘(f ) REQUIREMENT TO FURNISH WATER, POWER

22 CAPACITY, AND ENERGY.—Notwithstanding any other

23 provision of law, in order to fulfill the trust responsibility

24 to the Bands, the Secretary, acting through the Commis-
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1 sioner of Reclamation, shall permanently furnish annually

2 the following:

3 ‘‘(1) WATER.—16,000 acre-feet of the water

4 conserved by the works authorized by title II, for the

5 benefit of the Bands and the local entities in accord6 ance with the settlement agreement: Provided, That

7 during construction of said works, the Indian Water

8 Authority and the local entites shall receive 17 per9 cent of any water conserved by said works up to a

10 maximum of 16,000 acre-feet per year. The Indian

11 Water Authority and the local entities shall pay

12 their proportionate share of such costs as are pro13 vided by section 203(b) of title II or are agreed to

14 by them.

15 ‘‘(2) POWER CAPACITY AND ENERGY.—Begin16 ning on the date when conserved water from the

17 works authorized by title II first becomes available,

18 power capacity and energy through the Yuma Ari19 zona Area Aggregate Power Managers (Yuma Area

20 Contractors), at no cost and at no further expense

21 to the United States, the Indian Water Authority,

22 the Bands, and the local entities, in amounts suffi23 cient to convey the water conserved pursuant to

24 paragraph (1) from Lake Havasu through the Colo25 rado River Aqueduct and to the places of use on the
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1 Bands’ reservations or in the local entities’ service

2 areas in accordance with the settlement agreement.

3 The Secretary, through a coterminous exhibit to Bu4 reau of Reclamation Contract No. 6–CU–30–P1136,

5 shall enter into an agreement with the Yuma Area

6 Contractors which shall provide for furnishing annu7 ally and permanently said power capacity and energy

8 by said Yuma Area Contractors at no cost and at no

9 further expense to the United States, the Indian

10 Water Authority, the Bands, and the local entities.

11 The Secretary shall authorize the Yuma Area Con12 tractors to utilize Federal project use power pro13 vided for in Bureau of Reclamation Contracts num14 bered 6–CU–30–P1136, 6–CU–30–P1137, and 6–

15 CU–30–P1138 for the full range of purposes served

16 by the Yuma Area Contractors, including the pur17 pose of supplying the power capacity and energy to

18 convey the conserved water referred to in paragraph

19 (1), for so long as the Yuma Area Contractors meet

20 their obligation to provide sufficient power capacity

21 and energy for the conveyance of said conserved

22 water. If for any reason the Yuma Area Contractors

23 do not provide said power capacity and energy for

24 the conveyance of said conserved water, then the

25 Secretary shall furnish said power capacity and en-
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1 ergy annually and permanently at the lowest rate as2 signed to project use power within the jurisdiction of

3 the Bureau of Reclamation in accordance with Ex4 hibit E ‘Project Use Power’ of the Agreement be5 tween Water and Power Resources Service, Depart6 ment of the Interior, and Western Area Power Ad7 ministration, Department of Energy (March 26,

8 1980).’’.

9 (b) Title II of the San Luis Rey Indian Water Rights

10 Settlement Act (Public Law 100–675; 102 Stat. 4000 et

11 seq.) is amended by adding at the end the following new

12 section:

13 ‘‘SEC. 210. ANNUAL REPAYMENT INSTALLMENTS.

14 ‘‘During the period of planning, design, and construc15 tion of the works and during the period that the Indian

16 Water Authority and the local entities receive up to

17 16,000 acre-feet of the water conserved by the works, the

18 annual repayment installments provided in section 102(b)

19 of the Colorado River Basin Salinity Control Act (Public

20 Law 93–320; 88 Stat. 268) shall continue to be non21 reimbursable. Nothing in this section shall affect the na22 tional obligation set forth in section 101(c) of such Act.’’.

23 SEC. 212. (a) DEFINITIONS.—For the purpose of this

24 section, the term—
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1 (1) ‘‘Secretary’’ means the Secretary of the In2 terior;

3 (2) ‘‘Sly Park Unit’’ means the Sly Park Dam

4 and Reservoir, Camp Creek Diversion Dam and

5 Tunnel, and conduits and canals as authorized

6 under the American River Act of October 14, 1949

7 (63 Stat. 853), including those used to convey, treat,

8 and store water delivered from Sly Park, as well as

9 all recreation facilities thereto; and

10 (3) ‘‘District’’ means the El Dorado Irrigation

11 District.

12 (b) IN GENERAL.—The Secretary shall, as soon as

13 practicable after date of the enactment of this Act and

14 in accordance with all applicable law, transfer all right,

15 title, and interest in and to the Sly Park Unit to the Dis16 trict.

17 (c) SALE PRICE.—The Secretary is authorized to re18 ceive from the District $2,000,000 to relieve payment obli19 gations and extinguish the debt under contract number

20 14–06–200–949IR3, and $9,500,000 to relieve payment

21 obligations and extinguish all debts associated with con22 tracts numbered 14–06–200–7734, as amended by con23 tracts numbered 14–06–200–4282A and 14–06–200–

24 8536A. Notwithstanding the preceding sentence, the Dis-
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1 trict shall continue to make payments required by section

2 3407(c) of Public Law 102–575 through year 2029.

3 (d) CREDIT REVENUE TO PROJECT REPAYMENT.—

4 Upon payment authorized under subsection (b), the

5 amount paid shall be credited toward repayment of capital

6 costs of the Central Valley Project in an amount equal

7 to the associated undiscounted obligation.

8 (e) FUTURE BENEFITS.—Upon payment, the Sly

9 Park Unit shall no longer be a Federal reclamation project

10 or a unit of the Central Valley Project, and the District

11 shall not be entitled to receive any further reclamation

12 benefits.

13 (f ) LIABILITY.—Except as otherwise provided by law,

14 effective on the date of conveyance of the Sly Park Unit

15 under this Act, the United States shall not be liable for

16 damages of any kind arising out of any act, omission, or

17 occurrence based on its prior ownership or operation of

18 the conveyed property.

19 (g) COSTS.—All costs, including interest charges, as20 sociated with the Project that have been included as a re21 imbursable cost of the Central Valley Project are declared

22 to be nonreimbursable and nonreturnable.
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1 TITLE III

2 DEPARTMENT OF ENERGY

3 ENERGY PROGRAMS

4 ENERGY SUPPLY

5 For Department of Energy expenses including the

6 purchase, construction and acquisition of plant and capital

7 equipment, and other expenses necessary for energy sup8 ply, and uranium supply and enrichment activities in car9 rying out the purposes of the Department of Energy Orga10 nization Act (42 U.S.C. 7101 et seq.), including the acqui11 sition or condemnation of any real property or any facility

12 or for plant or facility acquisition, construction, or expan13 sion; and the purchase of not to exceed 17 passenger

14 motor vehicles for replacement only, $660,574,000 to re15 main available until expended: Provided, That, in addition,

16 royalties received to compensate the Department of En17 ergy for its participation in the First-Of-A-Kind-Engineer18 ing program shall be credited to this account to be avail19 able until September 30, 2002, for the purposes of Nu20 clear Energy, Science and Technology activities.

21 NON-DEFENSE ENVIRONMENTAL MANAGEMENT

22 For Department of Energy expenses, including the

23 purchase, construction and acquisition of plant and capital

24 equipment and other expenses necessary for non-defense

25 environmental management activities in carrying out the
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1 purposes of the Department of Energy Organization Act

2 (42 U.S.C. 7101 et seq.), including the acquisition or con3 demnation of any real property or any facility or for plant

4 or facility acquisition, construction or expansion,

5 $277,812,000, to remain available until expended.

6 URANIUM FACILITIES MAINTENANCE AND REMEDIATION

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses to maintain, decontaminate,

9 decommission, and otherwise remediate uranium proc10 essing facilities, $393,367,000, of which $345,038,000

11 shall be derived from the Uranium Enrichment Decon12 tamination and Decommissioning Fund, all of which shall

13 remain available until expended: Provided, That

14 $72,000,000 of amounts derived from the Fund for such

15 expenses shall be available in accordance with title X, sub16 title A, of the Energy Policy Act of 1992.

17 SCIENCE

18 For Department of Energy expenses including the

19 purchase, construction and acquisition of plant and capital

20 equipment, and other expenses necessary for science ac21 tivities in carrying out the purposes of the Department

22 of Energy Organization Act (42 U.S.C. 7101 et seq.), in23 cluding the acquisition or condemnation of any real prop24 erty or facility or for plant or facility acquisition, construc25 tion, or expansion, and purchase of not to exceed 58 pas-
37

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1 senger motor vehicles for replacement only,

2 $3,186,352,000, to remain available until expended.

3 NUCLEAR WASTE DISPOSAL

4 For nuclear waste disposal activities to carry out the

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

6 the acquisition of real property or facility construction or

7 expansion, $191,074,000, to remain available until ex8 pended and to be derived from the Nuclear Waste Fund:

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

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

11 salaries and expenses of State employees, to conduct sci12 entific oversight responsibilities pursuant to the Nuclear

13 Waste Policy Act of 1982, Public Law 97–425, as amend14 ed: Provided further, That $6,000,000 shall be provided

15 to affected units of local governments, as defined in Public

16 Law 97–425, to conduct appropriate activities pursuant

17 to the Act: Provided further, That the distribution of the

18 funds as determined by the units of local government shall

19 be approved by the Department of Energy: Provided fur20 ther, That the funds for the State of Nevada shall be made

21 available solely to the Nevada Division of Emergency Man22 agement by direct payment and units of local government

23 by direct payment: Provided further, That within 90 days

24 of the completion of each Federal fiscal year, the Nevada

25 Division of Emergency Management and the Governor of
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1 the State of Nevada and each local entity shall provide

2 certification to the Department of Energy that all funds

3 expended from such payments have been expended for ac4 tivities authorized by Public Law 97–425 and this Act.

5 Failure to provide such certification shall cause such enti6 ty to be prohibited from any further funding provided for

7 similar activities: Provided further, That none of the funds

8 herein appropriated may be: (1) used directly or indirectly

9 to influence legislative action on any matter pending be10 fore Congress or a State legislature or for lobbying activity

11 as provided in 18 U.S.C. 1913; (2) used for litigation ex12 penses; or (3) used to support multi-State efforts or other

13 coalition building activities inconsistent with the restric14 tions contained in this Act: Provided further, That all pro15 ceeds and recoveries by the Secretary in carrying out ac16 tivities authorized by the Nuclear Waste Policy Act of

17 1982 in Public Law 97–425, as amended, including but

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

19 be available without further appropriation and shall re20 main available until expended.

21 DEPARTMENTAL ADMINISTRATION

22 For salaries and expenses of the Department of En23 ergy necessary for departmental administration in car24 rying out the purposes of the Department of Energy Orga25 nization Act (42 U.S.C. 7101 et seq.), including the hire
39

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1 of passenger motor vehicles and official reception and rep2 resentation expenses (not to exceed $35,000),

3 $226,107,000, to remain available until expended, plus

4 such additional amounts as necessary to cover increases

5 in the estimated amount of cost of work for others not6 withstanding the provisions of the Anti-Deficiency Act (31

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

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

9 or greater amount, to remain available until expended:

10 Provided further, That moneys received by the Department

11 for miscellaneous revenues estimated to total

12 $151,000,000 in fiscal year 2001 may be retained and

13 used for operating expenses within this account, and may

14 remain available until expended, as authorized by section

15 201 of Public Law 95–238, notwithstanding the provisions

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

17 appropriated shall be reduced by the amount of miscella18 neous revenues received during fiscal year 2001 so as to

19 result in a final fiscal year 2001 appropriation from the

20 General Fund estimated at not more than $75,107,000.

21 OFFICE OF THE INSPECTOR GENERAL

22 For necessary expenses of the Office of the Inspector

23 General in carrying out the provisions of the Inspector

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

25 available until expended.
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HR 5483 IH1S

1 ATOMIC ENERGY DEFENSE ACTIVITIES

2 NATIONAL NUCLEAR SECURITY ADMINISTRATION

3 WEAPONS ACTIVITIES

4 For Department of Energy expenses, including the

5 purchase, construction and acquisition of plant and capital

6 equipment and other incidental expenses necessary for

7 atomic energy defense weapons activities in carrying out

8 the purposes of the Department of Energy Organization

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

10 condemnation of any real property or any facility or for

11 plant or facility acquisition, construction, or expansion;

12 and the purchase of passenger motor vehicles (not to ex13 ceed 12 for replacement only), $5,015,186,000, to remain

14 available until expended: Provided: That, $130,000,000

15 shall be immediately available for Project 96–D–111, the

16 National Ignition Facility at Lawrence Livermore Na17 tional Laboratory: Provided further, That $69,100,000

18 shall be available only upon a certification by the Adminis19 trator of the National Nuclear Security Administration to

20 the Congress after March 31, 2001, that (a) includes a

21 recommendation on an appropriate path forward for the

22 project; (b) certifies all established project and scientific

23 milestones have been met on schedule and on cost; (c) cer24 tifies the first and second quarter project reviews in fiscal

25 year 2001 determined the project to be on schedule and
41

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1 cost; (d) includes a study of requirements for and alter2 natives to a 192 beam ignition facility for maintaining the

3 safety and reliability of the current nuclear weapons stock4 pile; (e) certifies an integrated cost-schedule earned-value

5 project control system has been fully implemented; and (f )

6 includes a five-year budget plan for the stockpile steward7 ship program.

8 DEFENSE NUCLEAR NONPROLIFERATION

9 For Department of Energy expenses, including the

10 purchase, construction and acquisition of plant and capital

11 equipment and other incidental expenses necessary for

12 atomic energy defense, Defense Nuclear Nonproliferation

13 activities, in carrying out the purposes of the Department

14 of Energy Organization Act (42 U.S.C. 7101 et seq.), in15 cluding the acquisition or condemnation of any real prop16 erty or any facility or for plant or facility acquisition, con17 struction, or expansion, $874,196,000, to remain available

18 until expended: Provided, That not to exceed $7,000 may

19 be used for official reception and representation expenses

20 for national security and nonproliferation (including trans21 parency) activities in fiscal year 2001.

22 NAVAL REACTORS

23 For Department of Energy expenses necessary for

24 naval reactors activities to carry out the Department of

25 Energy Organization Act (42 U.S.C. 7101 et seq.), includ26 ing the acquisition (by purchase, condemnation, construc-
42

HR 5483 IH1S

1 tion, or otherwise) of real property, plant, and capital

2 equipment, facilities, and facility expansion,

3 $690,163,000, to remain available until expended.

4 OFFICE OF THE ADMINISTRATOR

5 For necessary expenses of the Office of the Adminis6 trator of the National Nuclear Security Administration,

7 including official reception and representation expenses

8 (not to exceed $5,000), $10,000,000, to remain available

9 until expended.

10 OTHER DEFENSE RELATED ACTIVITIES

11 DEFENSE ENVIRONMENTAL RESTORATION AND WASTE

12 MANAGEMENT

13 For Department of Energy expenses, including the

14 purchase, construction and acquisition of plant and capital

15 equipment and other expenses necessary for atomic energy

16 defense environmental restoration and waste management

17 activities in carrying out the purposes of the Department

18 of Energy Organization Act (42 U.S.C. 7101 et seq.), in19 cluding the acquisition or condemnation of any real prop20 erty or any facility or for plant or facility acquisition, con21 struction, or expansion; and the purchase of 30 passenger

22 motor vehicles for replacement only, $4,974,476,000, to

23 remain available until expended.

24 DEFENSE FACILITIES CLOSURE PROJECTS

25 For expenses of the Department of Energy to accel26 erate the closure of defense environmental management
43

HR 5483 IH1S

1 sites, including the purchase, construction and acquisition

2 of plant and capital equipment and other necessary ex3 penses, $1,082,714,000, to remain available until ex4 pended.

5 DEFENSE ENVIRONMENTAL MANAGEMENT

6 PRIVATIZATION

7 For Department of Energy expenses for privatization

8 projects necessary for atomic energy defense environ9 mental management activities authorized by the Depart10 ment of Energy Organization Act (42 U.S.C. 7101 et

11 seq.), $65,000,000, to remain available until expended.

12 OTHER DEFENSE ACTIVITIES

13 For Department of Energy expenses, including the

14 purchase, construction and acquisition of plant and capital

15 equipment and other expenses necessary for atomic energy

16 defense, other defense activities, in carrying out the pur17 poses of the Department of Energy Organization Act (42

18 U.S.C. 7101 et seq.), including the acquisition or con19 demnation of any real property or any facility or for plant

20 or facility acquisition, construction, or expansion,

21 $585,755,000, to remain available until expended, of

22 which $17,000,000 shall be for the Department of Energy

23 Employees Compensation Initiative upon enactment of au24 thorization legislation into law.
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1 DEFENSE NUCLEAR WASTE DISPOSAL

2 For nuclear waste disposal activities to carry out the

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

4 the acquisition of real property or facility construction or

5 expansion, $200,000,000, to remain available until ex6 pended.

7 POWER MARKETING ADMINISTRATIONS

8 BONNEVILLE POWER ADMINISTRATION FUND

9 Expenditures from the Bonneville Power Administra10 tion Fund, established pursuant to Public Law 93–454,

11 are approved for the Nez Perce Tribe Resident Fish Sub12 stitution Program, the Cour D’Alene Tribe Trout Produc13 tion facility, and for official reception and representation

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

15 During fiscal year 2001, no new direct loan obliga16 tions may be made. Section 511 of the Energy and Water

17 Development Appropriations Act, 1997 (Public Law 104–

18 206), is amended by striking the last sentence and insert19 ing ‘‘This authority shall expire January 1, 2003.’’.

20 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

21 ADMINISTRATION

22 For necessary expenses of operation and maintenance

23 of power transmission facilities and of marketing electric

24 power and energy, including transmission wheeling and

25 ancillary services, pursuant to the provisions of section 5
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1 of the Flood Control Act of 1944 (16 U.S.C. 825s), as

2 applied to the southeastern power area, $3,900,000, to re3 main available until expended; in addition, notwith4 standing the provisions of 31 U.S.C. 3302, amounts col5 lected by the Southeastern Power Administration pursu6 ant to the Flood Control Act to recover purchase power

7 and wheeling expenses shall be credited to this account

8 as offsetting collections, to remain available until expended

9 for the sole purpose of making purchase power and wheel10 ing expenditures as follows: for fiscal year 2001, up to

11 $34,463,000; for fiscal year 2002, up to $26,463,000; for

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

13 2004, up to $15,000,000.

14 OPERATION AND MAINTENANCE, SOUTHWESTERN

15 POWER ADMINISTRATION

16 For necessary expenses of operation and maintenance

17 of power transmission facilities and of marketing electric

18 power and energy, and for construction and acquisition of

19 transmission lines, substations and appurtenant facilities,

20 and for administrative expenses, including official recep21 tion and representation expenses in an amount not to ex22 ceed $1,500 in carrying out the provisions of section 5

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

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

25 remain available until expended; in addition, notwith-
46

HR 5483 IH1S

1 standing the provisions of 31 U.S.C. 3302, not to exceed

2 $4,200,000 in reimbursements, to remain available until

3 expended: Provided, That amounts collected by the South4 western Power Administration pursuant to the Flood Con5 trol Act to recover purchase power and wheeling expenses

6 shall be credited to this account as offsetting collections,

7 to remain available until expended for the sole purpose

8 of making purchase power and wheeling expenditures as

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

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

11 $288,000; and for fiscal year 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

16 U.S.C. 7152), and other related activities including con17 servation and renewable resources programs as author18 ized, including official reception and representation ex19 penses in an amount not to exceed $1,500, $165,830,000,

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

21 shall be derived from the Department of the Interior Rec22 lamation Fund: Provided, That of the amount herein ap23 propriated, $5,950,000 is for deposit into the Utah Rec24 lamation Mitigation and Conservation Account pursuant

25 to title IV of the Reclamation Projects Authorization and

26 Adjustment Act of 1992: Provided further, That amounts
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1 collected by the Western Area Power Administration pur2 suant to the Flood Control Act of 1944 and the Reclama3 tion Project Act of 1939 to recover purchase power and

4 wheeling expenses shall be credited to this account as off5 setting collections, to remain available until expended for

6 the sole purpose of making purchase power and wheeling

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

8 $65,224,000; for fiscal year 2002, up to $33,500,000; for

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

10 2004, up to $20,000,000.

11 FALCON AND AMISTAD OPERATING AND MAINTENANCE

12 FUND

13 For operation, maintenance, and emergency costs for

14 the hydroelectric facilities at the Falcon and Amistad

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

16 and to be derived from the Falcon and Amistad Operating

17 and Maintenance Fund of the Western Area Power Ad18 ministration, as provided in section 423 of the Foreign

19 Relations Authorization Act, Fiscal Years 1994 and 1995.

20 FEDERAL ENERGY REGULATORY COMMISSION

21 SALARIES AND EXPENSES

22 For necessary expenses of the Federal Energy Regu23 latory Commission to carry out the provisions of the De24 partment of Energy Organization Act (42 U.S.C. 7101 et

25 seq.), including services as authorized by 5 U.S.C. 3109,
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1 the hire of passenger motor vehicles, and official reception

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

3 $175,200,000, to remain available until expended: Pro4 vided, That notwithstanding any other provision of law,

5 not to exceed $175,200,000 of revenues from fees and an6 nual charges, and other services and collections in fiscal

7 year 2001 shall be retained and used for necessary ex8 penses in this account, and shall remain available until

9 expended: Provided further, That the sum herein appro10 priated from the General Fund shall be reduced as reve11 nues are received during fiscal year 2001 so as to result

12 in a final fiscal year 2001 appropriation from the General

13 Fund estimated at not more than $0.

14 RESCISSIONS

15 DEFENSE NUCLEAR WASTE DISPOSAL

16 (RESCISSION)

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

18 interim storage of nuclear waste, $75,000,000 are trans19 ferred to this heading and are hereby rescinded.

20 DEFENSE ENVIRONMENTAL MANAGEMENT

21 PRIVATIZATION

22 (RESCISSION)

23 Of the funds appropriated in Public Law 106–60 and

24 prior Energy and Water Development Acts for the Tank

25 Waste Remediation System at Richland, Washington,
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1 $97,000,000 of unexpended balances of prior appropria2 tions are rescinded.

3 GENERAL PROVISIONS

4 DEPARTMENT OF ENERGY

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

6 Act may be used to award a management and operating

7 contract unless such contract is awarded using competitive

8 procedures or the Secretary of Energy grants, on a case9 by-case basis, a waiver to allow for such a deviation. The

10 Secretary may not delegate the authority to grant such

11 a waiver.

12 (b) At least 60 days before a contract award, amend13 ment, or modification for which the Secretary intends to

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

15 Subcommittees on Energy and Water Development of the

16 Committees on Appropriations of the House of Represent17 atives and the Senate a report notifying the subcommit18 tees of the waiver and setting forth the reasons for the

19 waiver.

20 SEC. 302. None of the funds appropriated by this Act

21 may be used to—

22 (1) develop or implement a workforce restruc23 turing plan that covers employees of the Department

24 of Energy; or
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1 (2) provide enhanced severance payments or

2 other benefits for employees of the Department of

3 Energy,

4 under section 3161 of the National Defense Authorization

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

6 2644; 42 U.S.C. 7274h).

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

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

9 for obligation by this Act for severance payments and

10 other benefits and community assistance grants under sec11 tion 3161 of the National Defense Authorization Act for

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

13 42 U.S.C. 7274h) unless the Department of Energy sub14 mits a reprogramming request subject to approval by the

15 appropriate Congressional committees.

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

17 may be used to prepare or initiate Requests For Proposals

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

19 by Congress.

20 (TRANSFERS OF UNEXPENDED BALANCES)

21 SEC. 305. The unexpended balances of prior appro22 priations provided for activities in this Act may be trans23 ferred to appropriation accounts for such activities estab24 lished pursuant to this title. Balances so transferred may

25 be merged with funds in the applicable established ac-
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1 counts and thereafter may be accounted for as one fund

2 for the same time period as originally enacted.

3 SEC. 306. Of the funds in this Act provided to gov4 ernment-owned, contractor-operated laboratories, not to

5 exceed 6 percent shall be available to be used for Labora6 tory Directed Research and Development.

7 SEC. 307. (a) Of the funds appropriated by this title

8 to the Department of Energy, not more than

9 $185,000,000 shall be available for reimbursement of

10 management and operating contractor travel expenses, of

11 which $10,000,000 is available for use by the Chief Finan12 cial Officer of the Department of Energy for emergency

13 travel expenses.

14 (b) Funds appropriated by this title to the Depart15 ment of Energy may be used to reimburse a Department

16 of Energy management and operating contractor for travel

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

18 that the contractor applies to its employees the same rates

19 and amounts as those that apply to Federal employees

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

21 Code, or rates and amounts established by the Secretary

22 of Energy. The Secretary of Energy may provide excep23 tions to the reimbursement requirements of this section

24 as the Secretary considers appropriate.
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1 (c) The limitation in subsection (a) shall not apply

2 to reimbursement of management and operating con3 tractor travel expenses within the Laboratory Directed Re4 search and Development program.

5 SEC. 308. No funds are provided in this Act or any

6 other Act for the Administrator of the Bonneville Power

7 Administration to enter into any agreement to perform en8 ergy efficiency services outside the legally defined Bonne9 ville service territory, with the exception of services pro10 vided internationally, including services provided on a re11 imbursable basis, unless the Administrator certifies that

12 such services are not available from private sector busi13 nesses.

14 SEC. 309. None of the funds in this Act may be used

15 to dispose of transuranic waste in the Waste Isolation

16 Pilot Plant which contains concentrations of plutonium in

17 excess of 20 percent by weight for the aggregate of any

18 material category on the date of enactment of this Act,

19 or is generated after such date. For the purposes of this

20 section, the material categories of transuranic waste at the

21 Rocky Flats Environmental Technology Site include: (1)

22 ash residues; (2) salt residues; (3) wet residues; (4) direct

23 repackage residues; and (5) scrub alloy as referenced in

24 the ‘‘Final Environmental Impact Statement on Manage25 ment of Certain Plutonium Residues and Scrub Alloy
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1 Stored at the Rocky Flats Environmental Technology

2 Site’’.

3 SEC. 310. The Administrator of the National Nuclear

4 Security Administration may authorize the plant manager

5 of a covered nuclear weapons production plant to engage

6 in research, development, and demonstration activities

7 with respect to the engineering and manufacturing capa8 bilities at such plant in order to maintain and enhance

9 such capabilities at such plant: Provided, That of the

10 amount allocated to a covered nuclear weapons production

11 plant each fiscal year from amounts available to the De12 partment of Energy for such fiscal year for national secu13 rity programs, not more than an amount equal to 2 per14 cent of such amount may be used for these activities: Pro15 vided further, That for purposes of this section, the term

16 ‘‘covered nuclear weapons production plant’’ means the

17 following:

18 (1) The Kansas City Plant, Kansas City, Mis19 souri.

20 (2) The Y–12 Plant, Oak Ridge, Tennessee.

21 (3) The Pantex Plant, Amarillo, Texas.

22 (4) The Savannah River Plant, South Carolina.

23 SEC. 311. Notwithstanding any other law, and with24 out fiscal year limitation, each Federal Power Marketing

25 Administration is authorized to engage in activities and
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1 solicit, undertake and review studies and proposals relat2 ing to the formation and operation of a regional trans3 mission organization.

4 SEC. 312. Not more than $10,000,000 of funds pre5 viously appropriated for interim waste storage activities

6 for Defense Nuclear Waste Disposal in Public Law 104–

7 46, the Energy and Water Development Appropriations

8 Act, 1996, may be made available to the Department of

9 Energy upon written certification by the Secretary of En10 ergy to the House and Senate Committees on Appropria11 tions that the Site Recommendation Report cannot be

12 completed on time without additional funding.

13 SEC. 313. TERM OF OFFICE OF PERSON FIRST AP14 POINTED AS UNDER SECRETARY FOR NUCLEAR SECU15 RITY OF THE DEPARTMENT OF ENERGY. (a) LENGTH OF

16 TERM.—The term of office as Under Secretary for Nu17 clear Security of the Department of Energy of the first

18 person appointed to that position shall be 3 years.

19 (b) EXCLUSIVE REASONS FOR REMOVAL.—The ex20 clusive reasons for removal from office as Under Secretary

21 for Nuclear Security of the person described in subsection

22 (a) shall be inefficiency, neglect of duty, or malfeasance

23 in office.

24 (c) POSITION DESCRIBED.—The position of Under

25 Secretary for Nuclear Security of the Department of En-
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1 ergy referred to in this section is the position established

2 by subsection (c) of section 202 of the Department of En3 ergy Organization Act (42 U.S.C. 7132), as added by sec4 tion 3202 of the National Nuclear Security Administration

5 Act (title XXXII of Public Law 106–65; 113 Stat. 954).

6 SEC. 314. SCOPE OF AUTHORITY OF SECRETARY OF

7 ENERGY TO MODIFY ORGANIZATION OF NATIONAL NU8 CLEAR SECURITY ADMINISTRATION. (a) SCOPE OF AU9 THORITY.—Subtitle A of the National Nuclear Security

10 Administration Act (title XXXII of Public Law 106–65;

11 113 Stat. 957; 50 U.S.C. 2401 et seq.) is amended by

12 adding at the 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

17 643 of the Department of Energy Organization Act (42

18 U.S.C. 7253) or any other provision of law, the Secretary

19 of Energy may not establish, abolish, alter, consolidate,

20 or discontinue any organizational unit or component, or

21 transfer any function, of the Administration, except as au22 thorized 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 Ad8 ministration is governed by the provisions of section 3219

9 of the National Nuclear Security Administration Act (title

10 XXXII of Public Law 106–65).’’.

11 SEC. 315. PROHIBITION ON PAY OF PERSONNEL EN12 GAGED IN CONCURRENT SERVICE OR DUTIES INSIDE AND

13 OUTSIDE NATIONAL NUCLEAR SECURITY ADMINISTRA14 TION. Subtitle C of the National Nuclear Security Admin15 istration Act (title XXXII of Public Law 106–65; 50

16 U.S.C. 2441 et seq.) is amended by adding at the end

17 the following new section:

18 ‘‘SEC. 3245. PROHIBITION ON PAY OF PERSONNEL EN19 GAGED IN CONCURRENT SERVICE OR DUTIES

20 INSIDE AND OUTSIDE ADMINISTRATION.

21 ‘‘(a) Except as otherwise expressly provided by stat22 ute, no funds authorized to be appropriated or otherwise

23 made available for the Department of Energy may be obli24 gated or utilized to pay the basic pay of an officer or em25 ployee 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 TITLE IV

10 INDEPENDENT AGENCIES

11 APPALACHIAN REGIONAL COMMISSION

12 For expenses necessary to carry out the programs au13 thorized by the Appalachian Regional Development Act of

14 1965, as amended, for necessary expenses for the Federal

15 Co-Chairman and the alternate on the Appalachian Re16 gional Commission, for payment of the Federal share of

17 the administrative expenses of the Commission, including

18 services as authorized by 5 U.S.C. 3109, and hire of pas19 senger motor vehicles, $66,400,000, to remain available

20 until expended.

21 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

22 SALARIES AND EXPENSES

23 For necessary expenses of the Defense Nuclear Fa24 cilities Safety Board in carrying out activities authorized

25 by the Atomic Energy Act of 1954, as amended by Public
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1 Law 100–456, section 1441, $18,500,000, to remain

2 available until expended.

3 DELTA REGIONAL AUTHORITY

4 SALARIES AND EXPENSES

5 For necessary expenses to establish the Delta Re6 gional Authority and to carry out its activities,

7 $20,000,000, to remain available until expended.

8 DENALI COMMISSION

9 For expenses of the Denali Commission including the

10 purchase, construction and acquisition of plant and capital

11 equipment as necessary and other expenses, $30,000,000,

12 to remain available until expended.

13 NUCLEAR REGULATORY COMMISSION

14 SALARIES AND EXPENSES

15 For necessary expenses of the Commission in car16 rying out the purposes of the Energy Reorganization Act

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

18 as amended, including official representation expenses

19 (not to exceed $15,000), $481,900,000, to remain avail20 able until expended: Provided, That of the amount appro21 priated herein, $21,600,000 shall be derived from the Nu22 clear Waste Fund: Provided further, That revenues from

23 licensing fees, inspection services, and other services and

24 collections estimated at $447,958,000 in fiscal year 2001

25 shall be retained and used for necessary salaries and ex-
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1 penses in this account, notwithstanding 31 U.S.C. 3302,

2 and shall remain available until expended: Provided fur3 ther, That $3,200,000 of the funds herein appropriated

4 for regulatory reviews and assistance to other Federal

5 agencies and States shall be excluded from license fee rev6 enues, notwithstanding 42 U.S.C. 2214: Provided further,

7 That the sum herein appropriated shall be reduced by the

8 amount of revenues received during fiscal year 2001 so

9 as to result in a final fiscal year 2001 appropriation esti10 mated at not more than $33,942,000.

11 OFFICE OF INSPECTOR GENERAL

12 For necessary expenses of the Office of Inspector

13 General in carrying out the provisions of the Inspector

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

15 available until expended: Provided, That revenues from li16 censing fees, inspection services, and other services and

17 collections estimated at $5,390,000 in fiscal year 2001

18 shall be retained and be available until expended, for nec19 essary salaries and expenses in this account notwith20 standing 31 U.S.C. 3302: Provided further, That the sum

21 herein appropriated shall be reduced by the amount of rev22 enues received during fiscal year 2001 so as to result in

23 a final fiscal year 2001 appropriation estimated at not

24 more than $110,000.
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1 NUCLEAR WASTE TECHNICAL REVIEW BOARD

2 SALARIES AND EXPENSES

3 For necessary expenses of the Nuclear Waste Tech4 nical Review Board, as authorized by Public Law 100–

5 203, section 5051, $2,900,000, to be derived from the Nu6 clear Waste Fund, and to remain available until expended.

7 TITLE V

8 FISCAL YEAR 2001 EMERGENCY

9 APPROPRIATIONS

10 DEPARTMENT OF ENERGY

11 ATOMIC ENERGY DEFENSE ACTIVITIES

12 CERRO GRANDE FIRE ACTIVITIES

13 For necessary expenses to remediate damaged De14 partment of Energy facilities and for other expenses asso15 ciated with the Cerro Grande fire, $203,460,000, to re16 main available until expended, of which $2,000,000 shall

17 be made available to the United States Army Corps of En18 gineers to undertake immediate measures to provide ero19 sion control and sediment protection to sewage lines,

20 trails, and bridges in Pueblo and Los Alamos Canyons

21 downstream of Diamond Drive in New Mexico: Provided,

22 That the entire amount shall be available only to the ex23 tent an official budget request for $203,460,000, that in24 cludes designation of the entire amount of the request as

25 an emergency requirement as defined in the Balanced
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1 Budget and Emergency Deficit Control Act of 1985, as

2 amended, is transmitted by the President to the Congress:

3 Provided further, That the entire amount is designated by

4 the Congress as an emergency requirement pursuant to

5 section 251(b)(2)(A) of the Balanced Budget and Emer6 gency Deficit Control Act of 1985, as amended.

7 INDEPENDENT AGENCIES

8 APPALACHIAN REGIONAL COMMISSION

9 For necessary expenses to carry out the programs au10 thorized by the Appalachian Regional Development Act of

11 1965, as amended, $11,000,000, to remain available until

12 expended, which shall be available only to the extent an

13 official budget request for $11,000,000, that includes des14 ignation of the entire amount of the request as an emer15 gency requirement as defined in the Balanced Budget and

16 Emergency Deficit Control Act of 1985, as amended, is

17 transmitted by the President to the Congress: Provided,

18 That the entire amount is designated by the Congress as

19 an emergency requirement pursuant to section

20 251(b)(2)(A) of the Balanced Budget and Emergency

21 Deficit Control Act of 1985, as amended.

22 TITLE VI

23 GENERAL PROVISIONS

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

25 may be used in any way, directly or indirectly, to influence
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1 congressional action on any legislation or appropriation

2 matters pending before Congress, other than to commu3 nicate to Members of Congress as described in section

4 1913 of title 18, United States Code.

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

6 EQUIPMENT AND PRODUCTS.—It is the sense of the Con7 gress that, to the greatest extent practicable, all equip8 ment and products purchased with funds made available

9 in this Act should be American-made.

10 (b) NOTICE REQUIREMENT.—In providing financial

11 assistance to, or entering into any contract with, any enti12 ty using funds made available in this Act, the head of each

13 Federal agency, to the greatest extent practicable, shall

14 provide to such entity a notice describing the statement

15 made in subsection (a) by the Congress.

16 (c) PROHIBITION OF CONTRACTS WITH PERSONS

17 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

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

19 agency that any person intentionally affixed a label bear20 ing a ‘‘Made in America’’ inscription, or any inscription

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

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

23 States, the person shall be ineligible to receive any con24 tract or subcontract made with funds made available in

25 this Act, pursuant to the debarment, suspension, and ineli-
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1 gibility procedures described in sections 9.400 through

2 9.409 of title 48, Code of Federal Regulations.

3 SEC. 603. (a) None of the funds appropriated or oth4 erwise made available by this Act may be used to deter5 mine the final point of discharge for the interceptor drain

6 for the San Luis Unit until development by the Secretary

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

8 shall conform to the water quality standards of the State

9 of California as approved by the Administrator of the En10 vironmental Protection Agency, to minimize any detri11 mental effect of the San Luis drainage waters.

12 (b) The costs of the Kesterson Reservoir Cleanup

13 Program and the costs of the San Joaquin Valley Drain14 age Program shall be classified by the Secretary of the

15 Interior as reimbursable or nonreimbursable and collected

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

17 Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter18 native Repayment Plan’’ described in the report entitled

19 ‘‘Repayment Report, Kesterson Reservoir Cleanup Pro20 gram and San Joaquin Valley Drainage Program, Feb21 ruary 1995’’, prepared by the Department of the Interior,

22 Bureau of Reclamation. Any future obligations of funds

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

24 service or drainage studies for the San Luis Unit shall

25 be fully reimbursable by San Luis Unit beneficiaries of
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1 such service or studies pursuant to Federal Reclamation

2 law.

3 SEC. 604. None of the funds appropriated by this Act

4 shall be used to propose or issue rules, regulations, de5 crees, or orders for the purpose of implementation, or in

6 preparation for implementation, of the Kyoto Protocol

7 which was adopted on December 11, 1997, in Kyoto,

8 Japan at the Third Conference of the Parties to the

9 United Nations Framework Convention on Climate

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

11 advice and consent to ratification pursuant to article II,

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

13 which has not entered into force pursuant to article 25

14 of the Protocol.

15 SEC. 605. FUNDING OF THE COASTAL WETLANDS

16 PLANNING, PROTECTION AND RESTORATION ACT. Section

17 4(a) of the Act of August 9, 1950 (16 U.S.C. 777c(a)),

18 is amended in the second sentence by striking ‘‘2000’’ and

19 inserting ‘‘2009’’.

20 SEC. 606. REDESIGNATION OF INTERSTATE SANITA21 TION COMMISSION AND DISTRICT. (a) INTERSTATE SANI22 TATION COMMISSION.—

23 (1) IN GENERAL.—The district known as the

24 ‘‘Interstate Sanitation Commission’’, established by

25 article III of the Tri-State Compact described in the
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1 Resolution entitled, ‘‘A Joint Resolution granting

2 the consent of Congress to the States of New York,

3 New Jersey, and Connecticut to enter into a com4 pact for the creation of the Interstate Sanitation

5 District and the establishment of the Interstate

6 Sanitation Commission’’, approved August 27, 1935

7 (49 Stat. 933), is redesignated as the ‘‘Interstate

8 Environmental Commission’’.

9 (2) REFERENCES.—Any reference in a law, reg10 ulation, map, document, paper, or other record of

11 the United States to the Interstate Sanitation Com12 mission shall be deemed to be a reference to the

13 Interstate Environmental Commission.

14 (b) INTERSTATE SANITATION DISTRICT.—

15 (1) IN GENERAL.—The district known as the

16 ‘‘Interstate Sanitation District’’, established by arti17 cle II of the Tri-State Compact described in the Res18 olution entitled, ‘‘A Joint Resolution granting the

19 consent of Congress to the States of New York, New

20 Jersey, and Connecticut to enter into a compact for

21 the creation of the Interstate Sanitation District and

22 the establishment of the Interstate Sanitation Com23 mission’’, approved August 27, 1935 (49 Stat. 932),

24 is redesignated as the ‘‘Interstate Environmental

25 District’’.
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1 (2) REFERENCES.—Any reference in a law, reg2 ulation, map, document, paper, or other record of

3 the United States to the Interstate Sanitation Dis4 trict shall be deemed to be a reference to the Inter5 state Environmental District.

6 TITLE VII

7 DEPARTMENT OF THE TREASURY

8 BUREAU OF THE PUBLIC DEBT

9 GIFTS TO THE UNITED STATES FOR REDUCTION OF THE

10 PUBLIC DEBT

11 For deposit of an additional amount for fiscal year

12 2001 into the account established under section 3113(d)

13 of title 31, United States Code, to reduce the public debt,

14 $5,000,000,000.

15 TITLE VIII

16 NUCLEAR REGULATORY COMMISSION

17 Section 6101 of the Omnibus Budget Reconciliation

18 Act of 1990 (42 U.S.C. 2214) is amended—

19 (1) in subsection (a)(3), by striking ‘‘September

20 30, 1999’’ and inserting ‘‘September 20, 2005’’; and

21 (2) in subsection (c)—

22 (A) in paragraph (1), by inserting ‘‘or cer23 tificate holder’’ after ‘‘licensee’’; and

24 (B) by striking paragraph (2) and insert25 ing the following:
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1 ‘‘(2) AGGREGATE AMOUNT OF CHARGES.—

2 ‘‘(A) IN GENERAL.—The aggregate

3 amount of the annual charges collected from all

4 licensees and certificate holders in a fiscal year

5 shall equal an amount that approximates the

6 percentages of the budget authority of the Com7 mission for the fiscal year stated in subpara8 graph (B), less—

9 ‘‘(i) amounts collected under sub10 section (b) during the fiscal year; and

11 ‘‘(ii) amounts appropriated to the

12 Commission from the Nuclear Waste Fund

13 for the fiscal year.

14 ‘‘(B) PERCENTAGES.—The percentages re15 ferred to in subparagraph (A) are—

16 ‘‘(i) 98 percent for fiscal year 2001;

17 ‘‘(ii) 96 percent for fiscal year 2002;

18 ‘‘(iii) 94 percent for fiscal year 2003;

19 ‘‘(iv) 92 percent for fiscal year 2004;

20 and

21 ‘‘(v) 90 percent for fiscal year 2005.’’.

22 This Act may be cited as the ‘‘Energy and Water De23 velopment Appropriations Act, 2001’’.

Æ