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GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL
SEC. 101. Notwithstanding any other provisions of
law, no fully allocated funding policy shall be applied to
projects for which funds are identified in the Committee re-
ports accompanying this Act under the Construction, Gen-
eral; Operation and Maintenance, General; and Flood Con-
trol, Mississippi River and Tributaries, appropriation ac-
counts: Provided, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to undertake
these projects using continuing contracts, as authorized in
section 10 of the Rivers and Harbors Act of September 22,
1922 (33 U.S.C. 621).
SEC. 102. Agreements proposed for execution by the As-
sistant Secretary of the Army for Civil Works or the United
States Army Corps of Engineers after the date of the enact-
ment of this Act pursuant to section 4 of the Rivers and
Harbor Act of 1915, Public Law 64–291; section 11 of the
River and Harbor Act of 1925, Public Law 68–585; the
Civil Functions Appropriations Act, 1936, Public Law 75–
208; section 215 of the Flood Control Act of 1968, as amend-
ed, Public Law 90–483; sections 104, 203, and 204 of the
Water Resources Development Act of 1986, as amended
(Public Law 99–662); section 206 of the Water Resources
Development Act of 1992, as amended, Public Law 102–
580; section 211 of the Water Resources Development Act
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of 1996, Public Law 104–303, and any other specific project
authority, shall be limited to credits and reimbursements
per project not to exceed $10,000,000 in each fiscal year,
and total credits and reimbursements for all applicable
projects not to exceed $50,000,000 in each fiscal year.
SEC. 103. None of the funds made available in this
Act may be used to revise the Missouri River Master Water
Control Manual when it is made known to the Federal enti-
ty or official to which the funds are made available that
such revision provides for an increase in the springtime
water release program during the spring heavy rainfall and
snow melt period in States that have rivers draining into
the Missouri River below the Gavins Point Dam.
TITLE II
DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For carrying out activities authorized by the Central
Utah Project Completion Act, $38,724,000, to remain avail-
able until expended, of which $19,158,000 shall be deposited
into the Utah Reclamation Mitigation and Conservation
Account: Provided, That of the amounts deposited into that
account, $5,000,000 shall be considered the Federal con-
tribution authorized by paragraph 402(b)(2) of the Central
Utah Project Completion Act and $14,158,000 shall be
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available to the Utah Reclamation Mitigation and Con-
servation Commission to carry out activities authorized
under that Act.
In addition, for necessary expenses incurred in car-
rying out related responsibilities of the Secretary of the In-
terior, $1,216,000, to remain available until expended.
BUREAU OF RECLAMATION
For carrying out the functions of the Bureau of Rec-
lamation as provided in the Federal reclamation laws (Act
of June 17, 1902, 32 Stat. 388, and Acts amendatory there-
of or supplementary thereto) and other Acts applicable to
that Bureau as follows:
WATER AND RELATED RESOURCES
(INCLUDING TRANSFER OF FUNDS)
For management, development, and restoration of
water and related natural resources and for related activi-
ties, including the operation, maintenance and rehabilita-
tion of reclamation and other facilities, participation in
fulfilling related Federal responsibilities to Native Ameri-
cans, and related grants to, and cooperative and other
agreements with, State and local governments, Indian
tribes, and others, $655,192,000, to remain available until
expended, of which $1,916,000 shall be available for transfer
to the Upper Colorado River Basin Fund and $38,667,000
shall be available for transfer to the Lower Colorado River
Basin Development Fund; of which such amounts as may
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be necessary may be advanced to the Colorado River Dam
Fund; of which $16,000,000 shall be for on-reservation
water development, feasibility studies, and related adminis-
trative costs under Public Law 106–163; of which not more
than 25 percent of the amount provided for drought emer-
gency assistance may be used for financial assistance for
the preparation of cooperative drought contingency plans
under Title II of Public Law 102–250; and of which not
more than $500,000 is for high priority projects which shall
be carried out by the Youth Conservation Corps, as author-
ized by 16 U.S.C. 1706: Provided, That such transfers may
be increased or decreased within the overall appropriation
under this heading: Provided further, That of the total ap-
propriated, the amount for program activities that can be
financed by the Reclamation Fund or the Bureau of Rec-
lamation special fee account established by 16 U.S.C. 460l–
6a(i) shall be derived from that Fund or account: Provided
further, That funds contributed under 43 U.S.C. 395 are
available until expended for the purposes for which contrib-
uted: Provided further, That funds advanced under 43
U.S.C. 397a shall be credited to this account and are avail-
able until expended for the same purposes as the sums ap-
propriated under this heading: Provided further, That
funds available for expenditure for the Departmental Irri-
gation Drainage Program may be expended by the Bureau
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of Reclamation for site remediation on a non-reimbursable
basis: Provided further, That section 301 of Public Law
102–250, Reclamation States Emergency Drought Relief
Act of 1991, as amended, is amended further by inserting
‘‘2000, and 2001’’ in lieu of ‘‘and 2000’’: Provided further,
That the amount authorized for Indian municipal, rural,
and industrial water features by section 10 of Public Law
89–108, as amended by section 8 of Public Law 99–294,
section 1701(b) of Public Law 102–575, Public Law 105–
245, and Public Law 106–60 is increased by $2,000,000
(October 1998 prices): Provided further, That the amount
authorized for Minidoka Project North Side Pumping Divi-
sion, Idaho, by section 5 of Public Law 81–864, is increased
by $2,805,000: Provided further, That the Reclamation
Safety of Dams Act of 1978 (43 U.S.C. 509) is amended
as follows: (1) by inserting in Section 4(c) after ‘‘1984,’’
and before ‘‘costs’’ the following: ‘‘and the additional
$95,000,000 further authorized to be appropriated by
amendments to that Act in 2000,’’; (2) by inserting in Sec-
tion 5 after ‘‘levels),’’ and before ‘‘plus’’ the following: ‘‘and,
effective October 1, 2000, not to exceed an additional
$95,000,000 (October 1, 2000, price levels),’’; and (3) by
striking ‘‘sixty days (which’’ and all that follows through
‘‘day certain)’’ and inserting in lieu thereof ‘‘30 calendar
days’’.
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BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT
For the cost of direct loans and/or grants, $8,944,000,
to remain available until expended, as authorized by the
Small Reclamation Projects Act of August 6, 1956, as
amended (43 U.S.C. 422a–422l): Provided, That such costs,
including the cost of modifying such loans, shall be as de-
fined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are
available to subsidize gross obligations for the principal
amount of direct loans not to exceed $27,000,000.
In addition, for administrative expenses necessary to
carry out the program for direct loans and/or grants,
$425,000, to remain available until expended: Provided,
That of the total sums appropriated, the amount of program
activities that can be financed by the Reclamation Fund
shall be derived from that Fund.
CENTRAL VALLEY PROJECT RESTORATION FUND
For carrying out the programs, projects, plans, and
habitat restoration, improvement, and acquisition provi-
sions of the Central Valley Project Improvement Act,
$38,382,000, to be derived from such sums as may be col-
lected in the Central Valley Project Restoration Fund pur-
suant to sections 3407(d), 3404(c)(3), 3405(f), and
3406(c)(1) of Public Law 102–575, to remain available
until expended: Provided, That the Bureau of Reclamation
is directed to assess and collect the full amount of the addi-
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tional mitigation and restoration payments authorized by
section 3407(d) of Public Law 102–575.
POLICY AND ADMINISTRATION
For necessary expenses of policy, administration, and
related functions in the office of the Commissioner, the Den-
ver office, and offices in the five regions of the Bureau of
Reclamation, 
to 
remain 
available 
until 
expended,
$50,224,000, to be derived from the Reclamation Fund and
be nonreimbursable as provided in 43 U.S.C. 377: Provided,
That no part of any other appropriation in this Act shall
be available for activities or functions budgeted as policy
and administration expenses.
ADMINISTRATIVE PROVISIONS
SEC. 201. Appropriations for the Bureau of Reclama-
tion shall be available for purchase of not to exceed four
passenger motor vehicles for replacement only.
SEC. 202. Funds under this title for Drought Emer-
gency Assistance shall be made available primarily for leas-
ing of water for specified drought related purposes from
willing lessors, in compliance with existing State laws and
administered under State water priority allocation. Such
leases may be entered into with an option to purchase: Pro-
vided, That such purchase is approved by the State in
which the purchase takes place and the purchase does not
cause economic harm within the State in which the pur-
chase is made.
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GENERAL PROVISION
SEC. 203. (a) For fiscal year 2001 and each fiscal year
thereafter, the Secretary of the Interior shall continue the
funding of monitoring and research, as authorized by sec-
tion 1807 of the Grand Canyon Protection Act of 1992 (106
Stat. 4672), at not more than $7,687,000, adjusted to reflect
changes in the Consumer Price Index for All Urban Con-
sumers published by the Bureau of Labor Statistics of the
Department of Labor.
(b) The activities to be funded as provided under sub-
section (a) include activities required to meet the require-
ments of subsections (a) and (b) of section 1805 of the
Grand Canyon Protection Act of 1992 (106 Stat. 4672), in-
cluding the requirements of the Biological Opinion on the
Operation of Glen Canyon Dam and activities required by
the Programmatic Agreement on Cultural and Historic
Properties.
(c) To the extent that funding under subsection (a) is
insufficient to pay the costs of the monitoring and research,
the Secretary of the Interior may use funds appropriated
to carry out section 8 of the Act of April 11, 1956 (com-
monly known as the ‘‘Colorado River Storage Project Act’’)
(43 U.S.C. 620g), to pay those costs.
SEC. 204. Effective for fiscal year 2000, and each sub-
sequent fiscal year, notwithstanding any other provision of
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law, no funds appropriated in this or any other act shall
be expended to implement the policies articulated in the
memorandum dated June 19, 2000, concerning the Middle
Rio Grande Project, written by the Solicitor of the Depart-
ment of the Interior to the Commissioner of the Bureau of
Reclamation and the Director of the Fish and Wildlife Serv-
ice, and the legal analysis referenced in the memorandum
or any subsequent recommendations, directives or other cor-
respondence including a letter referenced ALB–105 ENV–
4.00, dated July 6, 2000, to the Chief Executive Officer of
the Middle Rio Grande Conservancy District from the Albu-
querque Area Manager of the Bureau of Reclamation ad-
dressing the issues raised by this Solicitor’s memorandum
except as may be provided in an agreement entered into
by all affected holders of water rights within the Middle
Rio Grande Conservancy District and which agreement has
been approved by the New Mexico State Engineer, or as
may be required by a final non-appealable court order.
Effective for fiscal year 2000, and each subsequent fis-
cal year, notwithstanding any other provision of law, no
funds appropriated in this or any other Act shall be ex-
pended to implement the policies, recommendations and di-
rectives articulated in a letter referenced ENV–4.00, ALB–
105, dated June 29, 2000, to the Chairman of the Board
of Directors for the Fort Sumner Irrigation District from
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the Albuquerque Area Manager of the Bureau of Reclama-
tion regarding the Fort Sumner Diversion Dam Water Op-
erations except as may be provided in an agreement entered
into by all affected holders of water rights within the Fort
Sumner Irrigation District and which agreement has been
approved by the New Mexico State Engineer, or as may
be required by a final non-appealable court order.
SEC. 205. Section 202 of Division B, Title I, Chapter
2 of Public Law 106–246 is amended by adding at the end
the following: ‘‘This section shall be effective through Sep-
tember 30, 2001.’’.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY SUPPLY
(INCLUDING TRANSFER OF FUNDS)
For Department of Energy expenses including the pur-
chase, construction and acquisition of plant and capital
equipment, and other expenses necessary for energy supply,
and uranium supply and enrichment activities in carrying
out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for
plant or facility acquisition, construction, or expansion;
and the purchase of not to exceed 17 passenger motor vehi-
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cles for replacement only, $691,520,000 to remain available
until September 30, 2002, of which $12,000,000 shall be de-
rived by transfer from the United States Enrichment Cor-
poration Fund: Provided, That, in addition, royalties re-
ceived to compensate the Department of Energy for its par-
ticipation in the First-Of-A-Kind-Engineering program
shall be credited to this account to be available until Sep-
tember 30, 2002 for the purposes of Nuclear Energy, Science
and Technology activities.
NON-DEFENSE ENVIRONMENTAL MANAGEMENT
For Department of Energy expenses, including the
purchase, construction and acquisition of plant and capital
equipment and other expenses necessary for non-defense en-
vironmental management activities in carrying out the
purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or con-
demnation of any real property or any facility or for plant
or 
facility 
acquisition, 
construction 
or 
expansion,
$309,141,000, to remain available until expended.
URANIUM ENRICHMENT DECONTAMINATION AND
DECOMMISSIONING FUND
For necessary expenses in carrying out uranium en-
richment facility decontamination and decommissioning,
remedial actions and other activities of title II of the Atom-
ic Energy Act of 1954 and title X, subtitle A of the Energy
Policy Act of 1992, $297,778,000, to be derived from the
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Fund, to remain available until expended: Provided, That
$30,000,000 of amounts derived from the Fund for such ex-
penses shall be available in accordance with title X, subtitle
A, of the Energy Policy Act of 1992.
SCIENCE
For Department of Energy expenses including the pur-
chase, construction and acquisition of plant and capital
equipment, and other expenses necessary for science activi-
ties in carrying out the purposes of the Department of En-
ergy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not to exceed 58 passenger
motor vehicles for replacement only, $2,870,112,000, to re-
main available until expended: Provided, That notwith-
standing any other provision of law, not to exceed
$51,163,000 of the funds appropriated herein may be obli-
gated for the Small Business Innovation Research program
and not to exceed $3,069,000 of the funds appropriated
herein may be obligated for the Small Business Technology
Transfer program.
NUCLEAR WASTE DISPOSAL
For nuclear waste disposal activities to carry out the
purposes of Public Law 97–425, as amended, including the
acquisition of real property or facility construction or ex-
pansion, $59,175,000, to remain available until expended
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and to be derived from the Nuclear Waste Fund: Provided,
That not to exceed $2,500,000 may be provided to the State
of Nevada solely for expenditures, other than salaries and
expenses of State employees, to conduct scientific oversight
responsibilities pursuant to the Nuclear Waste Policy Act
of 1982, (Public Law 97–425) as amended: Provided fur-
ther, That not to exceed $5,887,000 may be provided to af-
fected units of local governments, as defined in Public Law
97–425, to conduct appropriate activities pursuant to the
Act: Provided further, That the distribution of the funds
as determined by the units of local government shall be ap-
proved by the Department of Energy: Provided further,
That the funds for the State of Nevada shall be made solely
to the Nevada Division of Emergency Management by direct
payment and units of local government by direct payment:
Provided further, That within 90 days of the completion
of each Federal fiscal year, the Nevada Division of Environ-
mental Management and the Governor of the State of Ne-
vada and each local entity shall provide certification to the
Department of Energy, that all funds expended from such
payments have been expended for activities authorized by
Public Law 97–425. Failure to provide such certification
shall cause such entity to be prohibited from any further
funding provided for similar activities: Provided, That
none of the funds herein appropriated may be: (1) used di-
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rectly or indirectly to influence legislative action on any
matter pending before Congress or a State legislature or for
lobbying activity as provided in 18 U.S.C. 1913; (2) used
for litigation expenses; or (3) used to support multi-state
efforts or other coalition building activities inconsistent
with the restrictions contained in this Act: Provided further,
That all proceeds and recoveries by the Secretary in car-
rying out activities authorized by the Nuclear Waste Policy
Act of 1982 in Public Law 97–425, as amended, including
but not limited to, any proceeds from the sale of assets, shall
be available without further appropriation and shall re-
main available until expended.
DEPARTMENTAL ADMINISTRATION
For salaries and expenses of the Department of Energy
necessary for departmental administration in carrying out
the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the hire of passenger
motor vehicles and official reception and representation ex-
penses (not to exceed $35,000), $210,128,000, to remain
available until expended, plus such additional amounts as
necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the
Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided,
That such increases in cost of work are offset by revenue
increases of the same or greater amount, to remain avail-
able until expended: Provided further, That moneys received
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by the Department for miscellaneous revenues estimated to
total $128,762,000 in fiscal year 2001 may be retained and
used for operating expenses within this account, and may
remain available until expended, as authorized by section
201 of Public Law 95–238, notwithstanding the provisions
of 31 U.S.C. 3302: Provided further, That the sum herein
appropriated shall be reduced by the amount of miscella-
neous revenues received during fiscal year 2001 so as to
result in a final fiscal year 2001 appropriation from the
General Fund estimated at not more than $81,366,000.
OFFICE OF THE INSPECTOR GENERAL
For necessary expenses of the Office of the Inspector
General in carrying out the provisions of the Inspector Gen-
eral Act of 1978, as amended, $28,988,000, to remain avail-
able until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
WEAPONS ACTIVITIES
For Department of Energy expenses, including the
purchase, construction and acquisition of plant and capital
equipment and other incidental expenses necessary for
atomic energy defense weapons activities in carrying out
the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or con-
demnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion; and the
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purchase of passenger motor vehicles (not to exceed 12 for
replacement only), $4,883,289,000, to remain available
until expended.
DEFENSE NUCLEAR NONPROLIFERATION
For Department of Energy expenses, including the
purchase, construction and acquisition of plant and capital
equipment and other incidental expenses necessary for
atomic energy defense, Defense Nuclear Nonproliferation ac-
tivities, in carrying out the purposes of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), includ-
ing the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition, construc-
tion, or expansion, $908,967,000, to remain available until
expended: Provided, That not to exceed $5,000 may be used
for official reception and representation expenses for na-
tional security and nonproliferation (including trans-
parency) activities in fiscal year 2001.
NAVAL REACTORS
For Department of Energy expenses, including the
purchase, construction and acquisition of plant and capital
equipment and other incidental expenses necessary for
atomic energy defense, Naval Reactor activities, in carrying
out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for
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plant or facility acquisition, construction, or expansion,
$694,600,000, to remain available until expended.
OFFICE OF THE ADMINISTRATOR
For necessary expenses of the Office of the Adminis-
trator of the National Nuclear Security Administration, in-
cluding official reception and representation expenses (not
to exceed $5,000), $10,000,000, to remain available until
expended.
OTHER DEFENSE RELATED ACTIVITIES
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT
For Department of Energy expenses, including the
purchase, construction and acquisition of plant and capital
equipment and other expenses necessary for atomic energy
defense environmental restoration and waste management
activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
cluding the acquisition or condemnation of any real prop-
erty or any facility or for plant or facility acquisition, con-
struction, or expansion; and the purchase of 67 passenger
motor vehicles for replacement only, $4,635,763,000, to re-
main available until expended: Provided, That any
amounts appropriated under this heading that are used to
provide economic assistance under section 15 of the Waste
Isolation Pilot Plant Land Withdrawal Act (Public Law
102–579) shall be utilized to the extent necessary to reim-
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burse costs of financial assurances required of a contractor
by any permit or license of the Waste Isolation Pilot Plant
issued by the State of New Mexico.
DEFENSE FACILITIES CLOSURE PROJECTS
For expenses of the Department of Energy to accelerate
the closure of defense environmental management sites, in-
cluding the purchase, construction and acquisition of plant
and capital equipment and other necessary expenses,
$1,082,297,000, to remain available until expended.
DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION
For Department of Energy expenses for privatization
projects necessary for atomic energy defense environmental
management activities authorized by the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.),
$324,000,000, to remain available until expended.
OTHER DEFENSE ACTIVITIES
For Department of Energy expenses, including the
purchase, construction and acquisition of plant and capital
equipment and other expenses necessary for atomic energy
defense, other defense activities, in carrying out the pur-
poses of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or con-
demnation of any real property or any facility or for plant
or 
facility 
acquisition, 
construction, 
or 
expansion,
$579,463,000, to remain available until expended, of which
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$17,000,000 shall be for the Department of Energy Employ-
ees Compensation Initiative upon enactment of authoriza-
tion legislation into law.
DEFENSE NUCLEAR WASTE DISPOSAL
For nuclear waste disposal activities to carry out the
purposes of Public Law 97–425, as amended, including the
acquisition of real property or facility construction or ex-
pansion, $292,000,000, to remain available until expended.
POWER MARKETING ADMINISTRATIONS
BONNEVILLE POWER ADMINISTRATION FUND
Expenditures from the Bonneville Power Administra-
tion Fund, established pursuant to Public Law 93–454, are
approved for the Nez Perce Tribe Resident Fish Substi-
tution Program, the Cour D’Alene Tribe Trout Production
facility, and for official reception and representation ex-
penses in an amount not to exceed $1,500.
During fiscal year 2001, no new direct loan obliga-
tions may be made. Section 511 of the Energy and Water
Development Appropriations Act, 1997 (Public Law 104–
206), is amended by striking the last sentence and inserting,
‘‘This authority shall expire September 30, 2005.’’.
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER
ADMINISTRATION
For necessary expenses of operation and maintenance
of power transmission facilities and of marketing electric
power and energy, including transmission wheeling and
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ancillary services, pursuant to the provisions of section 5
of the Flood Control Act of 1944 (16 U.S.C. 825s), as ap-
plied to the southeastern power area, $3,900,000, to remain
available until expended; in addition, notwithstanding the
provisions of 31 U.S.C. 3302, amounts collected by the
Southeastern Power Administration pursuant to the Flood
Control Act to recover purchase power and wheeling ex-
penses shall be credited to this account as offsetting collec-
tions, to remain available until expended for the sole pur-
pose of making purchase power and wheeling expenditures
as follows: for fiscal year 2001, up to $34,463,000; for fiscal
year 2002, up to $26,463,000; for fiscal year 2003, up to
$20,000,000; and for fiscal year 2004, up to $15,000,000.
OPERATION AND MAINTENANCE, SOUTHWESTERN POWER
ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of operation and maintenance
of power transmission facilities and of marketing electric
power and energy, and for construction and acquisition of
transmission lines, substations and appurtenant facilities,
and for administrative expenses, including official recep-
tion and representation expenses in an amount not to ex-
ceed $1,500 in carrying out the provisions of section 5 of
the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southwestern power area, $28,100,000, to remain
available until expended; in addition, notwithstanding the
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provisions of 31 U.S.C. 3302, not to exceed $4,200,000 in
reimbursements, to remain available until expended: Pro-
vided, That amounts collected by the Southwestern Power
Administration pursuant to the Flood Control Act to re-
cover purchase power and wheeling expenses shall be cred-
ited to this account as offsetting collections, to remain avail-
able until expended for the sole purpose of making purchase
power and wheeling expenditures as follows: for fiscal year
2001, up to $288,000; for fiscal year 2002, up to $288,000;
for fiscal year 2003, up to $288,000; and for fiscal year
2004, up to $288,000.
CONSTRUCTION, REHABILITATION, OPERATION AND
MAINTENANCE, WESTERN AREA POWER ADMINISTRATION
For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C.
7152), and other related activities including conservation
and renewable resources programs as authorized, including
official reception and representation expenses in an amount
not to exceed $1,500, $164,916,000, to remain available
until expended, of which $154,616,000 shall be derived from
the Department of the Interior Reclamation Fund: Pro-
vided, That of the amount herein appropriated, $5,950,000
is for deposit into the Utah Reclamation Mitigation and
Conservation Account pursuant to title IV of the Reclama-
tion Projects Authorization and Adjustment Act of 1992:
Provided further, That amounts collected by the Western
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Area Power Administration pursuant to the Flood Control
Act of 1944 and the Reclamation Project Act of 1939 to
recover purchase power and wheeling expenses shall be cred-
ited to this account as offsetting collections, to remain avail-
able until expended for the sole purpose of making purchase
power and wheeling expenditures as follows: for fiscal year
2001, up to $42,500,000; for fiscal year 2002, up to
$33,500,000; for fiscal year 2003, up to $30,000,000; and
for fiscal year 2004, up to $20,000,000.
FALCON AND AMISTAD OPERATING AND MAINTENANCE
FUND
For operation, maintenance, and emergency costs for
the hydroelectric facilities at the Falcon and Amistad
Dams, $2,670,000, to remain available until expended, and
to be derived from the Falcon and Amistad Operating and
Maintenance Fund of the Western Area Power Administra-
tion, as provided in section 423 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
FEDERAL ENERGY REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Energy Regu-
latory Commission to carry out the provisions of the De-
partment of Energy Organization Act (42 U.S.C. 7101 et
seq.), including services as authorized by 5 U.S.C. 3109,
the hire of passenger motor vehicles, and official reception
and representation expenses (not to exceed $3,000),
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$175,200,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law, not
to exceed $175,200,000 of revenues from fees and annual
charges, and other services and collections in fiscal year
2001 shall be retained and used for necessary 2001 expenses
in this account, and shall remain available until expended:
Provided further, That the sum herein appropriated from
the General Fund shall be reduced as revenues are received
during fiscal year 2001 so as to result in a final fiscal year
2001 appropriation from the General Fund estimated at
not more than $0.
GENERAL PROVISIONS—DEPARTMENT OF
ENERGY
SEC. 301. (a) None of the funds appropriated by this
Act for Department of Energy programs may be used to
award, amend, or modify a contract in a manner that devi-
ates from the Federal Acquisition Regulation unless, on a
case-by-case basis, a waiver to allow for such a deviation
is granted.
(b) The Administrator of the National Nuclear Secu-
rity Administration shall have the exclusive waiver author-
ity for activities under ‘‘Atomic Energy Defense Activities,
National Nuclear Security Administration’’ and may not
delegate the authority to grant such a waiver. The Secretary
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of Energy shall have the exclusive waiver authority for all
other activities which may not be delegated.
(c) At least 60 days before a contract award, amend-
ment, or modification for which the Secretary intends to
grant such a waiver as provided for in subsection (b), the
Secretary shall submit to the Subcommittees on Energy and
Water Development of the Committees on Appropriations
of the House of Representatives and the Senate a report no-
tifying the subcommittees of the waiver and setting forth
the reasons for the waiver.
(d) At least 60 days before a contract award, amend-
ment, or modification for which the Administrator of the
National Nuclear Security Administration intends to grant
such a waiver as provided in subsection (b), the Adminis-
trator shall submit to the Subcommittees on Energy and
Water Development of the Committees on Appropriations
of the House of Representatives and the Senate a report no-
tifying the subcommittees of the waiver and setting forth
the reasons for the waiver.
SEC. 302. (a) None of the funds appropriated by this
Act under ‘‘Atomic Energy Defense Activities, National Nu-
clear Security Administration’’ may be used to award,
amend, or modify a contract in a manner that deviates
from the Federal Acquisition Regulation, unless the Admin-
istrator of the National Nuclear Security Administration
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grants, on a case-by-case basis, a waiver to allow for such
a deviation. The Administrator may not delegate the au-
thority to grant such a waiver.
(b) At least 60 days before a contract award, amend-
ment, or modification for which the Administrator intends
to grant such a waiver, the Administrator shall submit to
the Subcommittees on Energy and Water Development of
the Committees on Appropriations of the House of Rep-
resentatives and the Senate a report notifying the sub-
committees of the waiver and setting forth the reasons for
the waiver.
SEC. 303. None of the funds appropriated by this Act
may be used to—
(1) develop or implement a workforce restruc-
turing plan that covers employees of the Department
of Energy; or
(2) provide enhanced severance payments or
other benefits for employees of the Department of En-
ergy, under section 3161 of the National Defense Au-
thorization Act for Fiscal Year 1993 (Public Law
102–484; 106 Stat. 2644; 42 U.S.C. 7274h).
SEC. 304. None of the funds appropriated by this Act
may be used to prepare or initiate Requests For Proposals
(RFPs) for a program if the program has not been funded
by Congress.
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(TRANSFERS OF UNEXPENDED BALANCES)
SEC. 305. The unexpended balances of prior appro-
priations provided for activities in this Act may be trans-
ferred to appropriation accounts for such activities estab-
lished pursuant to this title. Balances so transferred may
be merged with funds in the applicable established accounts
and thereafter may be accounted for as one fund for the
same time period as originally enacted.
SEC. 306. Notwithstanding 41 U.S.C. 254c(a), the Sec-
retary of Energy may use funds appropriated by this Act
to enter into or continue multi-year contracts for the acqui-
sition of property or services under the head, ‘‘Energy Sup-
ply’’ without obligating the estimated costs associated with
any necessary cancellation or termination of the contract.
The Secretary of Energy may pay costs of termination or
cancellation from—
(1) appropriations originally available for the
performance of the contract concerned;
(2) appropriations currently available for pro-
curement of the type of property or services concerned,
and not otherwise obligated; or
(3) funds appropriated for those payments.
SEC. 307. Of the funds in this Act provided to govern-
ment-owned, contractor-operated laboratories, up to 6 per-
cent shall be available to be used for Laboratory Directed
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Research and Development: Provided, That the funds in the
Environmental Management programs of the Department
of Energy are available for Laboratory Directed Research
and Development.
SEC. 308. (a) Of the funds appropriated by this title
to the Department of Energy, not more than $200,000,000
shall be available for reimbursement of management and
operating contractor travel expenses.
(b) Funds appropriated by this title to the Department
of Energy may be used to reimburse a Department of En-
ergy management and operating contractor for travel costs
of its employees under the contract only to the extent that
the contractor applies to its employees the same rates and
amounts as those that apply to Federal employees under
subchapter I of chapter 57 of title 5, United States Code,
or rates and amounts established by the Secretary of En-
ergy. The Secretary of Energy may provide exceptions to
the reimbursement requirements of this section as the Sec-
retary considers appropriate.
SEC. 309. (a) None of the funds in this Act or any
future Energy and Water Development Appropriations Act
may be expended after December 31 of each year under a
covered contract unless the funds are expended in accord-
ance with a Laboratory Funding Plan that has been ap-
proved by the Administrator of the National Nuclear Secu-
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rity Administration. At the beginning of each fiscal year,
the Administrator shall issue directions to the laboratories
for the programs, projects, and activities to be conducted
in that fiscal year. The Administrator and the Laboratories
shall devise a Laboratory Funding Plan that identifies the
resources needed to carry out these programs, projects, and
activities. Funds shall be released to the Laboratories only
after the Administrator has approved the Laboratory Fund-
ing Plan. The Administrator of the National Nuclear Secu-
rity Administration may provide exceptions to this require-
ment as the Secretary considers appropriate.
(b) For purposes of this section, ‘‘covered contract’’
means a contract for the management and operation of the
following laboratories: Lawrence Livermore National Lab-
oratory, Los Alamos National Laboratory, and Sandia Na-
tional Laboratories.
SEC. 310. Section 310(b) of Public Law 106–60 (113
Stat. 496) is amended by striking ‘‘Lawrence Livermore
National Laboratory, Los Alamos National Laboratory,
Oak Ridge National Laboratory, Pacific Northwest Na-
tional Laboratory, and Sandia National Laboratories.’’ in
paragraph (b), and inserting ‘‘Oak Ridge National Labora-
tory, and Pacific Northwest National Laboratory.’’.
SEC. 311. None of the funds provided in this Act may
be used to establish or maintain independent centers at a
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Department of Energy laboratory or facility unless such
funds have been specifically identified in the budget submis-
sion.
SEC. 312. None of the funds made available in this
or any other Act may be used to restart the High Flux
Beam Reactor.
SEC. 313. None of the funds in this Act may be used
to dispose of transuranic waste in the Waste Isolation Pilot
Plant which contains concentrations of plutonium in excess
of 20 percent by weight for the aggregate of any material
category on the date of the enactment of this Act, or is gen-
erated after such date.
SEC. 314. TERM OF OFFICE OF PERSON FIRST AP-
POINTED AS UNDER SECRETARY FOR NUCLEAR SECURITY
OF
THE
DEPARTMENT
OF
ENERGY. (a) LENGTH
OF
TERM.—The term of office as Under Secretary for Nuclear
Security of the Department of Energy of the first person
appointed to that position shall be three years.
(b) EXCLUSIVE REASONS FOR REMOVAL.—The exclu-
sive reasons for removal from office as Under Secretary for
Nuclear Security of the person described in subsection (a)
shall be inefficiency, neglect of duty, or malfeasance in of-
fice.
(c) POSITION DESCRIBED.—The position of Under
Secretary for Nuclear Security of the Department of Energy
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referred to in this section is the position established by sub-
section (c) of section 202 of the Department of Energy Orga-
nization Act (42 U.S.C. 7132), as added by section 3202
of the National Nuclear Security Administration Act (title
XXXII of Public Law 106–65; 113 Stat. 954)).
SEC. 315. SCOPE OF AUTHORITY OF SECRETARY OF
ENERGY
TO MODIFY ORGANIZATION
OF NATIONAL NU-
CLEAR SECURITY ADMINISTRATION. (a) SCOPE OF AUTHOR-
ITY.—Subtitle A of the National Nuclear Security Adminis-
tration Act (title XXXII of Public Law 106–65; 113 Stat.
957; 50 U.S.C. 2401 et seq.) is amended by adding at the
end the following new section:
‘‘SEC. 3219. SCOPE OF AUTHORITY OF SECRETARY OF EN-
ERGY TO MODIFY ORGANIZATION OF ADMIN-
ISTRATION.
‘‘Notwithstanding the authority granted by section 643
of the Department of Energy Organization Act (42 U.S.C.
7253) or any other provision of law, the Secretary of En-
ergy may not establish, abolish, alter, consolidate, or dis-
continue any organizational unit or component, or transfer
any function, of the Administration, except as authorized
by subsection (b) or (c) of section 3291.’’.
(b) CONFORMING AMENDMENTS.—Section 643 of the
Department of Energy Organization Act (42 U.S.C. 7253)
is amended—
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(1) by striking ‘‘The Secretary’’ and inserting
‘‘(a) Subject to subsection (b), the Secretary’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) The authority of the Secretary to establish, abol-
ish, alter, consolidate, or discontinue any organizational
unit or component of the National Nuclear Security Admin-
istration is governed by the provisions of section 3219 of
the National Nuclear Security Administration Act (title
XXXII of Public Law 106–65).’’.
SEC. 316. PROHIBITION ON PAY OF PERSONNEL EN-
GAGED IN CONCURRENT SERVICE OR DUTIES INSIDE AND
OUTSIDE NATIONAL NUCLEAR SECURITY ADMINISTRATION.
Subtitle C of the National Nuclear Security Administration
Act (title XXXII of Public Law 106–65; 50 U.S.C. 2441
et seq.) is amended by adding at the end the following new
section:
‘‘SEC. 3245. PROHIBITION ON PAY OF PERSONNEL ENGAGED
IN CONCURRENT SERVICE OR DUTIES INSIDE
AND OUTSIDE ADMINISTRATION.
‘‘(a) Except as otherwise expressly provided by statute,
no funds authorized to be appropriated or otherwise made
available for the Department of Energy may be obligated
or utilized to pay the basic pay of an officer or employee
of the Department of Energy who—
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‘‘(1) serves concurrently in a position in the Ad-
ministration and a position outside the Administra-
tion; or
‘‘(2) performs concurrently the duties of a posi-
tion in the Administration and the duties of a posi-
tion outside the Administration.’’
‘‘(b) The provision of this section shall take effect 60
days after the date of enactment of this section.’’.
SEC. 317. The Administrator of the National Nuclear
Security Administration may authorize the plant manager
of a covered nuclear weapons production plant to engage
in research, development, and demonstration activities with
respect to the engineering and manufacturing capabilities
at such plant in order to maintain and enhance such capa-
bilities at such plant: Provided, That of the amount allo-
cated to a covered nuclear weapons production plant each
fiscal year from amounts available to the Department of
Energy for such fiscal year for national security programs,
not more than an amount equal to 2 percent of such amount
may be used for these activities: Provided further, That for
purposes of this section, the term ‘‘covered nuclear weapons
production plant’’ means the following:
(1) The Kansas City Plant, Kansas City, Mis-
souri.
(2) The Y–12 Plant, Oak Ridge, Tennessee.
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(3) The Pantex Plant, Amarillo, Texas.
SEC. 318. LIMITING THE INCLUSION OF COSTS OF
PROTECTION OF, MITIGATION OF DAMAGE TO, AND EN-
HANCEMENT
OF FISH
AND WILDLIFE, WITHIN RATES
CHARGED BY THE BONNEVILLE POWER ADMINISTRATION,
TO THE RATE PERIOD IN WHICH THE COSTS ARE IN-
CURRED. Section 7 of the Pacific Northwest Electric Power
Planning and Conservation Act (16 U.S.C. 839e) is amend-
ed by adding at the end the following:
‘‘(n) LIMITING THE INCLUSION OF COSTS OF PROTEC-
TION OF, MITIGATION OF DAMAGE TO, AND ENHANCEMENT
OF FISH AND WILDLIFE, WITHIN RATES CHARGED BY THE
BONNEVILLE POWER ADMINISTRATION, TO THE RATE PE-
RIOD IN WHICH THE COSTS ARE INCURRED.—Notwith-
standing any other provision of this section, rates estab-
lished by the Administrator, under this section shall recover
costs for protection, mitigation and enhancement of fish and
wildlife, whether under the Pacific Northwest Electric
Power Planning and Conservation Act or any other Act,
not to exceed such amounts the Administrator forecasts will
be expended during the fiscal year 2002–2006 rate period,
while preserving the Administrator’s ability to establish ap-
propriate reserves and maintain a high Treasury payment
probability for the subsequent rate period.’’.
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SEC. 319. Notwithstanding any other law, and without
fiscal year limitation, each Federal Power Marketing Ad-
ministration is authorized to engage in activities and so-
licit, undertake and review studies and proposals relating
to the formation and operation of a regional transmission
organization.
TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs au-
thorized by the Appalachian Regional Development Act of
1965, as amended, for necessary expenses for the Federal
Co-Chairman and the alternate on the Appalachian Re-
gional Commission, for payment of the Federal share of the
administrative expenses of the Commission, including serv-
ices as authorized by 5 U.S.C. 3109, and hire of passenger
motor vehicles, $66,400,000, to remain available until ex-
pended.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SALARIES AND EXPENSES
For necessary expenses of the Defense Nuclear Facili-
ties Safety Board in carrying out activities authorized by
the Atomic Energy Act of 1954, as amended by Public Law
100–456, section 1441, $18,500,000, to remain available
until expended.
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DELTA REGIONAL AUTHORITY
SALARIES AND EXPENSES
For necessary expenses to establish the Delta Regional
Authority and to carry out its activities, $20,000,000, to
remain available until expended, subject to enactment of
authorization by law.
DENALI COMMISSION
For expenses of the Denali Commission including the
purchase, construction and acquisition of plant and capital
equipment as necessary and other expenses, $30,000,000, to
remain available until expended.
NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Commission in carrying
out the purposes of the Energy Reorganization Act of 1974,
as amended, and the Atomic Energy Act of 1954, as amend-
ed, including official representation expenses (not to exceed
$15,000), $481,900,000, to remain available until expended:
Provided, That of the amount appropriated herein,
$21,600,000 shall be derived from the Nuclear Waste Fund:
Provided further, That revenues from licensing fees, inspec-
tion services, and other services and collections estimated
at $457,100,000 in fiscal year 2001 shall be retained and
used for necessary salaries and expenses in this account,
notwithstanding 31 U.S.C. 3302, and shall remain avail-
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able until expended: Provided further, That $3,200,000 of
the funds herein appropriated for regulatory reviews and
assistance to other Federal agencies and States shall be ex-
cluded from license fee revenues, notwithstanding 42 U.S.C.
2214: Provided further, That the sum herein appropriated
shall be reduced by the amount of revenues received during
fiscal year 2001 so as to result in a final fiscal year 2001
appropriation estimated at not more than $24,800,000.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, as amended, $5,500,000, to remain available
until expended: Provided, That revenues from licensing fees,
inspection services, and other services and collections esti-
mated at $5,500,000 in fiscal year 2001 shall be retained
and be available until expended, for necessary salaries and
expenses in this account: Provided further, That the sum
herein appropriated shall be reduced by the amount of reve-
nues received during fiscal year 2001 so as to result in a
final fiscal year 2001 appropriation estimated at not more
than $0.
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NUCLEAR WASTE TECHNICAL REVIEW BOARD
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Nuclear Waste Technical
Review Board, as authorized by Public Law 100–203, sec-
tion 5051, $3,000,000, to be derived from the Nuclear Waste
Fund, and to remain available until expended.
TITLE V
FISCAL YEAR 2000 SUPPLEMENTAL
APPROPRIATIONS
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
CERRO GRANDE FIRE ACTIVITIES
For necessary expenses for fiscal year 2000 to reme-
diate damaged Department of Energy facilities and for
other expenses associated with the Cerro Grande fire,
$203,460,000, to remain available until expended and to
become available upon enactment: Provided, That the entire
amount shall be available only to the extent an official
budget request for $204,000,000, that includes designation
of the entire amount of the request as an emergency require-
ment as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress: Provided further, That the
entire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
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Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
TITLE VI
RESCISSION
DEPARTMENT OF ENERGY
DEFENSE NUCLEAR WASTE DISPOSAL
(RESCISSION)
Of the funds appropriated in Public Law 104–46 for
interim storage of nuclear waste, $85,000,000 are trans-
ferred to this heading and are hereby rescinded.
TITLE VII
GENERAL PROVISIONS
SEC. 701. None of the funds appropriated by this Act
may be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to commu-
nicate to Members of Congress as described in section 1913
of title 18, United States Code.
SEC. 702. (a) PURCHASE OF AMERICAN-MADE EQUIP-
MENT AND PRODUCTS.—It is the sense of the Congress that,
to the greatest extent practicable, all equipment and prod-
ucts purchased with funds made available in this Act should
be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any entity
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using funds made available in this Act, the head of each
Federal agency, to the greatest extent practicable, shall pro-
vide to such entity a notice describing the statement made
in subsection (a) by the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal agen-
cy that any person intentionally affixed a label bearing a
‘‘Made in America’’ inscription, or any inscription with
the same meaning, to any product sold in or shipped to
the United States that is not made in the United States,
the person shall be ineligible to receive any contract or sub-
contract made with funds made available in this Act, pur-
suant to the debarment, suspension, and ineligibility proce-
dures described in sections 9.400 through 9.409 of title 48,
Code of Federal Regulations.
SEC. 703. (a) None of the funds appropriated or other-
wise made available by this Act may be used to determine
the final point of discharge for the interceptor drain for
the San Luis Unit until development by the Secretary of
the Interior and the State of California of a plan, which
shall conform to the water quality standards of the State
of California as approved by the Administrator of the Envi-
ronmental Protection Agency, to minimize any detrimental
effect of the San Luis drainage waters.
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(b) The costs of the Kesterson Reservoir Cleanup Pro-
gram and the costs of the San Joaquin Valley Drainage
Program shall be classified by the Secretary of the Interior
as reimbursable or nonreimbursable and collected until fully
repaid pursuant to the ‘‘Cleanup Program—Alternative
Repayment Plan’’ and the ‘‘SJVDP—Alternative Repay-
ment Plan’’ described in the report entitled ‘‘Repayment
Report, Kesterson Reservoir Cleanup Program and San
Joaquin Valley Drainage Program, February 1995’’, pre-
pared by the Department of the Interior, Bureau of Rec-
lamation. Any future obligations of funds by the United
States relating to, or providing for, drainage service or
drainage studies for the San Luis Unit shall be fully reim-
bursable by San Luis Unit beneficiaries of such service or
studies pursuant to Federal Reclamation law.
SEC. 704. Section 6101(a)(3) of the Omnibus Budget
Reconciliation Act of 1990, as amended (42 U.S.C.
2214(a)(3)) and Public Law 106–60 (113 Stat. 501), is fur-
ther amended by striking ‘‘September 30, 2000’’ and insert-
ing ‘‘September 30, 2001’’.
SEC. 705. None of the funds appropriated by this Act
shall be used to propose or issue rules, regulations, decrees,
or orders for the purpose of implementation, or in prepara-
tion for implementation, of the Kyoto Protocol which was
adopted on December 11, 1997, in Kyoto, Japan at the
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Third Conference of the Parties to the United Nations
Framework Convention on Climate Change, which has not
been submitted to the Senate for advice and consent to rati-
fication pursuant to article II, section 2, clause 2, of the
United States Constitution, and which has not entered into
force pursuant to article 25 of the Protocol.
SEC. 706. (a) Sections 5105, 5106 and 5109 of Divi-
sion B of an Act making appropriations for military con-
struction, family housing, and base realignment and closure
for the Department of Defense for the fiscal year ending
September 30, 2001, and for other purposes (Public Law
106–246), are repealed.
(b) Subsection (a) shall take effect on the date of enact-
ment of this Act.
This Act may be cited as the ‘‘Energy and Water De-
velopment Appropriations Act, 2001’’.
Calendar No. 688
106TH CONGRESS
2D SESSION
H.R. 4733
AN ACT
Making appropriations for energy and water devel-
opment for the fiscal year ending September 30,
2001, and for other purposes.
JUNE 28, 2000
Received; read twice and referred to the Committee on
Appropriations
JULY 18, 2000
Reported with an amendment