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and to be derived from the Falcon and Amistad Operating
and Maintenance Fund of the Western Area Power Ad-
ministration, 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),
$174,950,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law,
not to exceed $174,950,000 of revenues from fees and an-
nual charges, and other services and collections in fiscal
year 2000 shall be retained and used for necessary ex-
penses in this account, and shall remain available until
expended: Provided further, That the sum herein appro-
priated from the General Fund shall be reduced as reve-
nues are received during fiscal year 2000 so as to result
in a final fiscal year 2000 appropriation from the General
Fund estimated at not more than $0.
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GENERAL PROVISIONS
SEC. 301. (a) None of the funds appropriated by this
Act may be used to award a management and operating
contract unless such contract is awarded using competitive
procedures or the Secretary of Energy grants, on a case-
by-case basis, a waiver to allow for such a deviation. The
Secretary may not delegate the authority to grant such
a waiver.
(b) At least 60 days before a contract award, amend-
ment, or modification for which the Secretary intends to
grant such a waiver, the Secretary shall submit to the
Subcommittees on Energy and Water Development of the
Committees on Appropriations of the House of Represent-
atives and the Senate a report notifying the subcommit-
tees of the waiver and setting forth the reasons for the
waiver.
SEC. 302. (a) None of the funds appropriated by this
Act may be used to award, amend, or modify a contract
in a manner that deviates from the Federal Acquisition
Regulation, unless the Secretary of Energy grants, on a
case-by-case basis, a waiver to allow for such a deviation.
The Secretary may not delegate the authority to grant
such a waiver.
(b) At least 60 days before a contract award, amend-
ment, or modification for which the Secretary intends to
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grant such a waiver, the Secretary shall submit to the
Subcommittees on Energy and Water Development of the
Committees on Appropriations of the House of Represent-
atives and the Senate a report notifying the subcommit-
tees 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
Energy,
under section 3161 of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat.
2644; 42 U.S.C. 7274h).
SEC. 304. None of the funds appropriated by this Act
may be used to augment the $20,000,000 made available
for obligation by this Act for severance payments and
other benefits and community assistance grants under sec-
tion 3161 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2644;
42 U.S.C. 7274h).
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SEC. 305. None of the funds appropriated by this Act
may be used to prepare or initiate Requests For Proposals
(RFPs) for a program if the program has not been funded
by Congress.
(TRANSFERS OF UNEXPENDED BALANCES)
SEC. 306. 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 ac-
counts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
SEC. 307. Notwithstanding 41 U.S.C. 254c(a), the
Secretary of Energy may use funds appropriated by this
Act to enter into or continue multi-year contracts for the
acquisition of property or services under the head, ‘‘En-
ergy Supply’’ without obligating the estimated costs asso-
ciated 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 con-
cerned, and not otherwise obligated; or
(3) funds appropriated for those payments.
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Sec. 308. None of the funds in this Act may be used
for Laboratory Directed Research and Development or Di-
rector’s Discretionary Research and Development.
Sec. 309. Of the funds appropriated by this title to
the Department of Energy, not more than $125,000,000
shall be available for reimbursement of contractor travel
expenses.
Sec. 310. (a) None of the funds in this Act or any
future Energy and Water Development Appropriations
Act may be expended under a covered contract unless the
funds are expended in accordance with a Laboratory
Funding Plan that has been approved by the Secretary
of Energy. The Plan shall be submitted on a quarterly
basis, or at such intervals as may be prescribed by the
Secretary. The Secretary’s approval of the Plan may in-
clude adjusting or deleting particular items or categories
of items proposed in the Plan.
(b) For purposes of this section, ‘‘covered contract’’
means a contract for the management and operation of
the Los Alamos National Laboratory, Lawrence Liver-
more National Laboratory, or Sandia National Labora-
tories.
Sec. 311. As part of the Department of Energy’s ap-
proval of laboratory funding for Los Alamos National
Laboratory, Lawrence Livermore National Laboratory,
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and Sandia National Laboratories, the Secretary shall re-
view and approve the incentive structure for contractor
fees, the amounts of award fees to be made available for
the next year, the salaries of first and second tier labora-
tory management, and the overhead costs.
Sec. 312. None of the funds provided in this Act may
be used to establish or maintain independent centers at
a Department of Energy laboratory or facility unless such
funds have been specifically identified in the budget sub-
mission.
Sec. 313. None of the funds provided in this Act may
be used to waive overhead or added factor charges for
work performed for other Federal agencies or for other
Department of Energy programs.
Sec. 314. Sec. 505 of Public Law 102–377, the Fiscal
Year 1993 Energy and Water Development Appropria-
tions Act, and section 208 of Public Law 99–349, the Ur-
gent Supplemental Appropriations Act, 1986, are re-
pealed.
SEC. 315. None of the funds made available in this
or any other Act may be used to restart the High Flux
Beam Reactor.
SEC. 316. None of the funds provided in this or any
other Act may be used by the Federal power marketing
administrations for construction, expansion or upgrades of
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fiber optic telecommunication lines, associated facilities or
purchase of equipment directly related to such efforts, ex-
cept for fiber optic cable that is necessary for the foresee-
able future for internal management of programs of the
Federal power marketing administrations. Federal power
marketing administrations shall apply any reduction in
spending resulting from the restrictions in the section to
the reduction of debt of the Federal power marketing ad-
ministration.
SEC. 317. None of the funds provided in this or any
other Act may be used by the Federal power marketing
administrations to:
(1) rent or sell construction equipment;
(2) provide construction, equipment, operation,
maintenance or repair services;
(3) perform contract construction work;
(4) provide a construction engineering service;
or
(5) provide financing or leasing services for con-
struction, maintenance, operational or engineering
services to any private utility, wholesale or retail
customer (other than those existing retail customers
served by the Federal power marketing administra-
tion prior to the date of the enactment of this provi-
sion), publicly-owned utility, Federal agency, or state
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or local government entity. The Federal power mar-
keting administrations may provide equipment or a
service to a private contractor that is engaged in
electrical work on an electrical utility project of the
Federal power marketing administration. As used in
this section, the term ‘‘used construction equipment’’
means construction equipment that has been in serv-
ice for more than 2,500 hours. Any Federal power
marketing administration may dispose of used con-
struction equipment by means of a public auction
conducted by a private entity that is independent of
the Federal power marketing administration. Fed-
eral power marketing administrations shall apply all
proceeds of a disposition of used construction equip-
ment to the reduction of debt of the Federal power
marketing administration.
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
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services as authorized by 5 U.S.C. 3109, and hire of pas-
senger motor vehicles, $60,000,000, to remain available
until expended.
DEFENSE NUCLEAR FACILITIES SAFETY
BOARD
SALARIES AND EXPENSES
For necessary expenses of the Defense Nuclear Fa-
cilities Safety Board in carrying out activities authorized
by the Atomic Energy Act of 1954, as amended by Public
Law 100–456, section 1441, $16,500,000, to remain
available until expended.
DENALI COMMISSION
(RESCISSION)
Of the funds made available under this heading in
Public Law 105–245, $18,000,000 is rescinded.
NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Commission in car-
rying out the purposes of the Energy Reorganization Act
of 1974, as amended, and the Atomic Energy Act of 1954,
as amended, including official representation expenses
(not to exceed $15,000), $455,400,000, to remain avail-
able until expended: Provided, That of the amount appro-
priated herein, $19,150,000 shall be derived from the Nu-
clear Waste Fund: Provided further, That revenues from
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licensing fees, inspection services, and other services and
collections estimated at $432,400,000 in fiscal year 2000
shall be retained and used for necessary salaries and ex-
penses in this account, notwithstanding 31 U.S.C. 3302,
and shall remain available until expended: Provided fur-
ther, That $3,850,000 of the funds herein appropriated
for regulatory reviews and other assistance provided to the
Department of Energy and other Federal agencies shall
be excluded from license fee revenues, notwithstanding 42
U.S.C. 2214: Provided further, That the sum herein ap-
propriated shall be reduced by the amount of revenues re-
ceived during fiscal year 2000 so as to result in a final
fiscal year 2000 appropriation estimated at not more than
$23,000,000.
OFFICE OF THE INSPECTOR GENERAL
For necessary expenses of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $6,000,000, to remain
available until expended: Provided, That the sum herein
appropriated shall be reduced by the amount of revenues
received during fiscal year 2000 so as to result in a final
fiscal year 2000 appropriation estimated at not more than
$0.
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NUCLEAR WASTE TECHNICAL REVIEW BOARD
SALARIES AND EXPENSES
For necessary expenses of the Nuclear Waste Tech-
nical Review Board, as authorized by section 5051 of Pub-
lic Law 100–203, $2,600,000, to be derived from the Nu-
clear Waste Fund, and to remain available until expended.
TITLE V—GENERAL PROVISIONS
SEC. 501. 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.
502.
(a)
PURCHASE
OF
AMERICAN-MADE
EQUIPMENT AND PRODUCTS.—It is the sense of the Con-
gress that, to the greatest extent practicable, all equip-
ment and products purchased with funds made available
in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any enti-
ty using funds made available in this Act, the head of each
Federal agency, to the greatest extent practicable, shall
provide to such entity a notice describing the statement
made in subsection (a) by the Congress.
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(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing 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 con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
SEC. 503. (a) None of the funds appropriated or oth-
erwise made available by this Act may be used to deter-
mine 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 En-
vironmental Protection Agency, to minimize any detri-
mental effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup
Program and the costs of the San Joaquin Valley Drain-
age Program shall be classified by the Secretary of the
Interior as reimbursable or nonreimbursable and collected
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until fully repaid pursuant to the ‘‘Cleanup Program—
Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter-
native Repayment Plan’’ described in the report entitled
‘‘Repayment Report, Kesterson Reservoir Cleanup Pro-
gram and San Joaquin Valley Drainage Program, Feb-
ruary 1995’’, prepared by the Department of the Interior,
Bureau of Reclamation. Any future obligations of funds
by the United States relating to, or providing for, drainage
service or drainage studies for the San Luis Unit shall
be fully reimbursable by San Luis Unit beneficiaries of
such service or studies pursuant to Federal Reclamation
law.
SEC. 504. Section 6101(a)(3) of the Omnibus Budget
Reconciliation Act of 1990, as amended, (42 U.S.C.
2214(a)(3)) is amended by striking ‘‘September 30, 1999’’
and inserting ‘‘September 30, 2000’’.
SEC. 505. Title VI, division C, of Public Law 105–
277, Making Omnibus Consolidated and Emergency Sup-
plemental Appropriations for Fiscal Year 1999, is re-
pealed.
SEC. 506. Section 211(e)(2)(A) of the Water Re-
sources Development Act of 1996 (Public Law 104–303,
110 Stat. 3682) is amended by striking ‘‘in advance in
appropriations Acts’’.
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SEC. 507. None of the funds appropriated by this Act
shall be used to propose or issue rules, regulations, de-
crees, or orders for the purpose of implementation, or in
preparation for implementation, of the Kyoto Protocol
which was adopted on December 11, 1997, in Kyoto,
Japan at the Third Conference of the Parties to the
United
Nations
Framework
Convention
on
Climate
Change, which has not been submitted to the Senate for
advice and consent to ratification pursuant to article II,
section 2, clause 2, of the United States Constitution, and
which has not entered into force pursuant to article 25
of the Protocol.
This Act may be cited as the ‘‘Energy and Water De-
velopment Appropriations Act, 2000’’.
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2000, for energy and
water development, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
The following appropriations shall be expended under
the direction of the Secretary of the Army and the super-
vision of the Chief of Engineers for authorized civil func-
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tions of the Department of the Army pertaining to rivers
and harbors, flood control, beach erosion, and related pur-
poses.
GENERAL INVESTIGATIONS
For expenses necessary for the collection and study of
basic information pertaining to river and harbor, flood con-
trol, shore protection, and related projects, restudy of au-
thorized projects, miscellaneous investigations, and, when
authorized by laws, surveys and detailed studies and plans
and specifications of projects prior to construction,
$125,459,000, to remain available until expended, of which
funds are provided for the following projects in the amounts
specified:
Yellowstone River at Glendive, Montana Study,
$150,000;
Great Egg Harbor Inlet to Townsend’s Inlet,
New Jersey, $226,000; and
Project for flood control, Park River, Grafton,
North Dakota, general reevaluation report, using cur-
rent data, to determine whether the project is tech-
nically sound, environmentally acceptable, and eco-
nomically justified, $50,000:
Provided, That the Secretary of the Army is directed to use
$328,000 of the funds appropriated herein to implement
section 211(f)(7) of Public Law 104–303 (110 Stat. 3684)
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and to reimburse the non-Federal sponsor a portion of the
Federal share of project costs for the Hunting Bayou ele-
ment of the project for flood control, Buffalo Bayou and
tributaries, Texas.
CONSTRUCTION, GENERAL
For the prosecution of river and harbor, flood control,
shore protection, and related projects authorized by laws;
and detailed studies, and plans and specifications, of
projects (including those for development with participation
or under consideration for participation by States, local
governments, or private groups) authorized or made eligible
for selection by law (but such studies shall not constitute
a commitment of the Government to construction),
$1,086,586,000, to remain available until expended, of
which such sums as are necessary for the Federal share of
construction costs for facilities under the Dredged Material
Disposal Facilities program shall be derived from the Har-
bor Maintenance Trust Fund, as authorized by Public Law
104–303; and of which such sums as are necessary pursuant
to Public Law 99–662 shall be derived from the Inland Wa-
terways Trust Fund, for one-half of the costs of construction
and rehabilitation of inland waterways projects, including
rehabilitation costs for the Lock and Dam 25, Mississippi
River, Illinois and Missouri; Lock and Dam 14, Mississippi
River, Iowa; Lock and Dam 24, Part 1 and Part 2, Mis-
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sissippi River, Illinois and Missouri; and Lock and Dam
3, Mississippi River, Minnesota, London Lock and Dam,
Kanawha River, West Virginia; and Lock and Dam 12,
Mississippi River, Iowa, projects, and of which funds are
provided for the following projects in the amounts specified:
Norco Bluffs, California, $2,200,000;
Brevard County, Florida (Shore Protection),
$1,000,000;
Everglades and South Florida Ecosystem Res-
toration, Florida, $14,100,000;
St. John’s County, Florida (Shore Protection),
$1,000,000;
Indianapolis 
Central 
Waterfront, 
Indiana,
$3,000,000;
Ohio 
River 
Flood 
Protection, 
Indiana,
$1,000,000;
Jackson County, Mississippi, $800,000;
Minnish Waterfront Park project, Passaic River,
New Jersey, $1,500,000
Virginia Beach, Virginia (Hurricane Protec-
tion), $17,000,000;
Upper Mingo County (including Mingo County
Tributaries), Lower Mingo County (Kermit), Wayne
County, and McDowell County, elements of the Levisa
and Tug Forks of the Big Sandy River and Upper
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Cumberland 
River 
project 
in 
West 
Virginia,
$4,400,000; and
Lake St. Clair, Metro Beach, Michigan, section
206 project, $100,000:
Provided, That the Secretary of the Army is directed to use
$9,000,000 of the funds appropriated herein to implement
section 211(f)(6) of Public Law 104–303 (110 Stat. 3683)
and to reimburse the non-Federal sponsor a portion of the
Federal share of project construction costs for the flood con-
trol components comprising the Brays Bayou element of the
project for flood control, Buffalo Bayou and tributaries,
Texas: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, is directed to use
$2,000,000 provided herein to construct bluff stabilization
measures at authorized locations for Natchez Bluff, Mis-
sissippi: Provided further, That no part of any appropria-
tion contained in this Act shall be expended or obligated
to begin Phase II on the John Day Drawdown study or
to initiate a study of the drawdown of McNary Dam unless
authorized by law: Provided further, That using $200,000
of the funds provided herein, the Secretary of the Army,
acting through the Chief of Engineers, is directed to initiate
a Detailed Project Report for the Dickenson County, Vir-
ginia, element of the Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River, West Virginia,
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Virginia and Kentucky, project: Provided further, That
$100,000 of the funding appropriated herein for section 107
navigation projects may be used by the Corps of Engineers
to produce a decision document, and, if favorable, signing
a project cost sharing agreement with a non-Federal project
sponsor for the Rochester Harbor, New York (CSX Swing
Bridge), project: Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, may use
$1,500,000 of funding appropriated herein to initiate con-
struction of shoreline protection measures at Assateague Is-
land, Maryland: Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, may use Con-
struction, General funding as directed in Public Law 105–
62 and Public Law 105–245 to initiate construction of an
emergency outlet from Devils Lake, North Dakota, to the
Sheyenne River, except that the funds shall not become
available unless the Secretary of the Army determines that
an emergency (as defined in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122)) exists with respect to the emergency need for
the outlet and reports to Congress that the construction is
technically sound, economically justified, and environ-
mentally acceptable and in compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.):
Provided further, That the economic justification for the
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emergency outlet shall be prepared in accordance with the
principles and guidelines for economic evaluation as re-
quired by regulations and procedures of the Army Corps
of Engineers for all flood control projects, and that the eco-
nomic justification be fully described, including the anal-
ysis of the benefits and costs, in the project plan documents:
Provided further, That the plans for the emergency outlet
shall be reviewed and, to be effective, shall contain assur-
ances provided by the Secretary of State, after consultation
with the International Joint Commission, that the project
will not violate the requirements or intent of the Treaty
Between the United States and Great Britain Relating to
Boundary Waters Between the United States and Canada,
signed at Washington January 11, 1909 (36 Stat. 2448;
TS 548) (commonly known as the ‘‘Boundary Waters Trea-
ty of 1909’’): Provided further, That the Secretary of the
Army shall submit the final plans and other documents for
the emergency outlet to Congress: Provided further, That no
funds made available under this Act or any other Act for
any fiscal year may be used by the Secretary of the Army
to carry out the portion of the feasibility study of the Devils
Lake Basin, North Dakota, authorized under the Energy
and Water Development Appropriations Act, 1993 (Public
Law 102–377), that addresses the needs of the area for sta-
bilized lake levels through inlet controls, or to otherwise
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study any facility or carry out any activity that would per-
mit the transfer of water from the Missouri River Basin
into Devils Lake.
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES,
ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS-
SISSIPPI, MISSOURI, AND TENNESSEE
For expenses necessary for prosecuting work of flood
control, and rescue work, repair, restoration, or mainte-
nance of flood control projects threatened or destroyed by
flood, as authorized by law (33 U.S.C. 702a, 702g–1),
$315,630,000, to remain available until expended.
OPERATION AND MAINTENANCE, GENERAL
For expenses necessary for the preservation, operation,
maintenance, and care of existing river and harbor, flood
control, and related works, including such sums as may be
necessary for the maintenance of harbor channels provided
by a State, municipality or other public agency, outside
of harbor lines, and serving essential needs of general com-
merce and navigation; surveys and charting of northern
and northwestern lakes and connecting waters; clearing and
straightening channels; and removal of obstructions to navi-
gation, $1,790,043,000, to remain available until expended,
of which such sums as become available from the special
account established by the Land and Water Conservation
Act of 1965, as amended (16 U.S.C. 460l), may be derived
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from that account for construction, operation, and mainte-
nance of outdoor recreation facilities, and of which
$1,500,000 shall be available for development of technologies
for control of zebra mussels and other aquatic nuisance spe-
cies in and around public facilities: Provided, That no
funds, whether appropriated, contributed, or otherwise pro-
vided, shall be available to the United States Army Corps
of Engineers for the purpose of acquiring land in Jasper
County, South Carolina, in connection with the Savannah
Harbor navigation project: Provided further, That the Sec-
retary of the Army, acting through the Chief of Engineers,
shall use $100,000 of available funds to study the economic
justification and environmental acceptability, in accord-
ance with section 509(a) of Public Law 104–303, of main-
taining the Matagorda Ship Channel, Point Comfort Turn-
ing Basin, Texas, project, and to use available funds to per-
form any required maintenance in fiscal year 2000 once
the Secretary determines such maintenance is justified and
acceptable as required by Public Law 104–303: Provided
further, That the Secretary of the Army, acting through the
Chief of Engineers, may use not to exceed $300,000 for ex-
penses associated with the commemoration of the Lewis and
Clark Bicentennial.
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REGULATORY PROGRAM
For expenses necessary for administration of laws per-
taining to regulation of navigable waters and wetlands,
$115,000,000, to remain available until expended: Pro-
vided, That the Secretary of the Army, acting through the
Chief of Engineers, is directed to use $5,000,000 of funds
appropriated herein to fully implement an administrative
appeals process for the Corps of Engineers Regulatory Pro-
gram, which administrative appeals process shall provide
for a single-level appeal of jurisdictional determinations.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary to clean up contamination
from sites throughout the United States resulting from work
performed as part of the Nation’s early atomic energy pro-
gram, $150,000,000, to remain available until expended:
Provided, That the United States Army Corps of Engineers
under this program shall undertake the following functions
and activities to be performed at eligible sites where remedi-
ation has not been completed: sampling and assessment of
contaminated areas, characterization of site conditions, de-
termination of the nature and extent of contamination, se-
lection of the necessary and appropriate response actions
as the lead Federal agency, cleanup and closeout of sites,
and any other functions and activities determined by the
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Chief of Engineers as necessary for carrying out this pro-
gram, including the acquisition of real estate interests
where necessary, which may be transferred upon completion
of remediation to the administrative jurisdiction of the De-
partment of Energy: Provided further, That response ac-
tions by the United States Army Corps of Engineers under
this program shall be subject to the Comprehensive Environ-
mental Response, Compensation and Liability Act (42
U.S.C. 9601 et seq.), and the National Oil and Hazardous
Substances Pollution Contingency Plan, 40 CFR, Chapter
1, Part 300: Provided further, That these provisions do not
alter, curtail or limit the authorities, functions or respon-
sibilities of other agencies under CERCLA or, except as
stated herein, under the Atomic Energy Act (42 U.S.C. 2011
et seq.): Provided further, That any sums recovered under
CERCLA or other authority from a liable party, contractor,
insurer, surety, or other person for any expenditures by the
Army Corps of Engineers or the Department of Energy for
response actions under the Formerly Utilized Sites Reme-
dial Action Program shall be credited to this account and
will be available until expended for response action costs
for any eligible site: Provided further, That the Secretary
of Energy may exercise the authority of 42 U.S.C. 2208
to make payments in lieu of taxes for federally-owned prop-
erty where Formerly Utilized Sites Remedial Action Pro-
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gram activities are conducted, regardless of which Federal
agency has administrative jurisdiction over the property
and notwithstanding references to ‘‘the activities of the
Commission’’ in 42 U.S.C. 2208.
GENERAL EXPENSES
For expenses necessary for general administration and
related functions in the Office of the Chief of Engineers and
offices of the Division Engineers; activities of the Coastal
Engineering Research Board, the Humphreys Engineer
Center Support Activity, the Water Resources Support Cen-
ter, and headquarters support functions at the USACE Fi-
nance Center; $151,000,000, to remain available until ex-
pended: Provided, That no part of any other appropriation
provided in title I of this Act shall be available to fund
the activities of the Office of the Chief of Engineers or the
executive direction and management activities of the divi-
sion offices.
REVOLVING FUND
Using amounts available in the Revolving Fund, the
Secretary of the Army is authorized to renovate office space
in the General Accounting Office (GAO) headquarters
building in Washington, D.C., for use by the Corps and
GAO. The Secretary shall ensure that the Revolving Fund
is appropriately reimbursed from appropriations of the
Corps’ benefitting programs by collection each year of
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amounts sufficient to repay the capitalized cost of such ren-
ovation and through rent reductions or rebates from GAO.
ADMINISTRATIVE PROVISION
Appropriations in this title shall be available for offi-
cial reception and representation expenses (not to exceed
$5,000); and during the current fiscal year the Revolving
Fund, Corps of Engineers, shall be available for purchase
(not to exceed 100 for replacement only) and hire of pas-
senger motor vehicles.
GENERAL PROVISIONS
CORPS OF ENGINEERS—CIVIL
SEC. 101. Notwithstanding any other provisions of
law, no fully allocated funding policy shall be applied to
projects for which funds are identified in the Committee 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 U.S.
Army Corps of Engineers after the date of enactment of this
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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 Func-
tions Appropriations Act, 1936, Public Law 75–208; section
215 of the Flood Control Act of 1968, as amended, Public
Law 90–483; sections 104, 203, and 204 of the Water Re-
sources 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; and section
211 of the Water Resources Development Act of 1996, Public
Law 104–303, shall be limited to a single agreement per
project, credits and reimbursements per project not to exceed
$10,000,000 in each fiscal year, and total credits and reim-
bursements 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.
SEC. 104. CHEYENNE RIVER SIOUX TRIBE, LOWER
BRULE SIOUX TRIBE, AND STATE OF SOUTH DAKOTA TER-
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RESTRIAL WILDLIFE HABITAT RESTORATION. (a) IN GEN-
ERAL.—The Secretary of the Army shall continue to fund
wildlife habitat mitigation work for the Cheyenne River
Sioux Tribe, Lower Brule Sioux Tribe, and State of South
Dakota at levels previously funded through the Pick-Sloan
operations and maintenance account.
(b) CONTRACTS.—With $3,000,000 made available
under the heading ‘‘CONSTRUCTION, GENERAL’’, the Sec-
retary of the Army shall fund activities authorized under
title VI of division C of Public Law 105–277 (112 Stat.
2681–660 through contracts with the Cheyenne River Sioux
Tribe, Lower Brule Sioux Tribe, and State of South Da-
kota.
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, and for activities related to
the Uintah and Upalco Units authorized by 43 U.S.C. 620,
$38,049,000, to remain available until expended, of which
$17,047,000 shall be deposited into the Utah Reclamation
Mitigation and Conservation Account: Provided, That of
the amounts deposited into that account, $5,000,000 shall
be considered the Federal contribution authorized by para-
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graph 402(b)(2) of the Central Utah Project Completion Act
and $12,047,000 shall be available to the Utah Reclamation
Mitigation and Conservation Commission to carry out ac-
tivities authorized under that Act.
In addition, for necessary expenses incurred in car-
rying out related responsibilities of the Secretary of the In-
terior, $1,321,000, 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, $612,451,000, to remain available until
expended, of which $150,000 shall be available for the Lake
Andes-Wagner/Marty II demonstration program authorized
by the Lake Andes-Wagner/Marty II Act of 1992 (106 Stat.
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4677), of which $2,247,000 shall be available for transfer
to the Upper Colorado River Basin Fund and $24,326,000
shall be available for transfer to the Lower Colorado River
Basin Development Fund, and of which such amounts as
may be necessary may be advanced to the Colorado River
Dam Fund: Provided, That such transfers may be increased
or decreased within the overall appropriation under this
heading: Provided further, That of the total appropriated,
the amount for program activities that can be financed by
the Reclamation Fund or the Bureau of Reclamation spe-
cial fee account established by 16 U.S.C. 460l–6a(i) shall
be derived from that Fund or account: Provided further,
That funds contributed under 43 U.S.C. 395 are available
until expended for the purposes for which contributed: Pro-
vided further, That funds advanced under 43 U.S.C. 397a
shall be credited to this account and are available until ex-
pended for the same purposes as the sums appropriated
under this heading: Provided further, That funds available
for expenditure for the Departmental Irrigation Drainage
Program may be expended by the Bureau of Reclamation
for site remediation on a non-reimbursable basis: Provided
further, That section 301 of Public Law 102–250, Reclama-
tion States Emergency Drought Relief Act of 1991, as
amended by Public Law 104–206, is amended further by
inserting ‘‘1999, and 2000’’ in lieu of ‘‘and 1997’’: Provided
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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, and Public
Law 105–245, is increased by $2,000,000 (October 1998
prices): Provided further, That $500,000 of the funding ap-
propriated herein is provided for the Walker River Basin,
Nevada project, including not to exceed $200,000 for the
Federal assessment team for the purpose of conducting a
comprehensive study of Walker River Basin issues: Pro-
vided further, That the Secretary of the Interior may pro-
vide $2,865,000 from funds appropriated herein for envi-
ronmental restoration at Fort Kearny, Nebraska.
BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT
For the cost of direct loans and/or grants, $12,000,000,
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 $43,000,000.
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,
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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,
$37,346,000, 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-
tional mitigation and restoration payments authorized by
section 3407(d) of Public Law 102–575.
CALIFORNIA BAY-DELTA RESTORATION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Department of the Inte-
rior and other participating Federal agencies in carrying
out ecosystem restoration activities pursuant to the Cali-
fornia Bay-Delta Environmental Enhancement Act and
other activities that are in accord with the CALFED Bay-
Delta Program, including projects to improve water use ef-
ficiency, water quality, groundwater and surface storage,
levees, conveyance, and watershed management, consistent
with plans to be approved by the Secretary of the Interior,
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in consultation with such Federal agencies, $50,000,000, to
remain available until expended, of which $30,000,000 shall
be used for ecosystem restoration activities and $20,000,000
shall be used for such other activities, and of which such
amounts as may be necessary to conform with such plans
shall be transferred to appropriate accounts of such Federal
agencies: Provided, That no more than $2,500,000 of the
funds appropriated herein may be used for planning and
management activities associated with developing the over-
all CALFED Bay-Delta Program and coordinating its
staged implementation: Provided further, That funds for
ecosystem restoration activities may be obligated only as
non-Federal sources provide their share in accordance with
the cost-sharing agreement required under section 1101(d)
of such Act, and that funds for such other activities may
be obligated only as non-Federal sources provide their share
in a manner consistent with such cost-sharing agreement:
Provided further, That such funds may be obligated prior
to the completion of a final programmatic environmental
impact statement only if: (1) consistent with 40 CFR
1506.1(c); and (2) used for purposes that the Secretary finds
are of sufficiently high priority to warrant such an expend-
iture.
POLICY AND ADMINISTRATION
For necessary expenses of policy, administration, and
related functions in the office of the Commissioner, the Den-
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ver office, and offices in the five regions of the Bureau of
Reclamation, 
to 
remain 
available 
until 
expended,
$49,000,000, to be derived from the Reclamation Fund and
be nonreimbursable as provided in 43 U.S.C. 377: Provided,
That no part of any other appropriation in this Act shall
be available for activities or functions budgeted as policy
and administration expenses.
ADMINISTRATIVE PROVISIONS
SEC. 201. Advance payments made under this title to
Indian tribes, tribal organizations, and tribal consortia
pursuant to the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.) or the Tribally Con-
trolled Schools Act of 1988 (25 U.S.C. 2501 et seq.) may
be invested by the Indian tribe, tribal organization, or con-
sortium before such funds are expended for the purposes of
the grant, compact, or annual funding agreement so long
as such funds are:
(1) invested by the Indian tribe, tribal organiza-
tion, or consortium only in obligations of the United
States, or in obligations or securities that are guaran-
teed or insured by the United States, or mutual (or
other) funds registered with the Securities and Ex-
change Commission and which only invest in obliga-
tions of the United States or securities that are guar-
anteed or insured by the United States; or
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(2) deposited only into accounts that are insured
by an agency or instrumentality of the United States,
or are fully collateralized to ensure protection of the
Funds, even in the event of a bank failure.
SEC. 202. Appropriations for the Bureau of Reclama-
tion shall be available for purchase of not to exceed seven
passenger motor vehicles for replacement only.
SEC. 203. Funds under this title for Drought Emer-
gency Assistance shall only be made available for the leasing
of water for specified drought related purposes from willing
lessors, in compliance with existing State laws and admin-
istered under State water priority allocation. Such leases
may be entered into with an option to purchase: Provided,
That such purchase is approved by the State in which the
purchase takes place and the purchase does not cause eco-
nomic harm within the State in which the purchase is
made.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY SUPPLY
(INCLUDING TRANSFER OF FUNDS)
For expenses of the Department of Energy activities
including the purchase, construction and acquisition of
plant and capital equipment and other expenses necessary
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for energy supply, and uranium supply and enrichment 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; and the purchase of not to exceed 1 pas-
senger motor vehicle for replacement only, $721,233,000, of
which $821,000 shall be derived by transfer from the Geo-
thermal Resources Development Fund, and $5,000,000 shall
be derived by transfer from the United States Enrichment
Corporation Fund: Provided, That, $15,000,000, of which
$10,000,000 shall be derived from reductions in contractor
travel balances, shall be available for civilian research and
development.
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,
$327,922,000, to remain available until expended.
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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, $200,000,000, to be derived from the
Fund, to remain available until expended: Provided, That
$25,000,000 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 expenses of the Department of Energy activities
including the purchase, construction and acquisition of
plant and capital equipment and other expenses necessary
for science activities in carrying out the purposes of the De-
partment of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or facility or for plant or facility acquisition, con-
struction, or expansion, and purchase of not to exceed 6
passenger 
motor 
vehicles 
for 
replacement 
only,
$2,725,069,000, to remain available until expended, of
which $3,000,000 shall be used for Boston College research
in high temperature superconductivity and of which
$5,000,000 shall be used for the University of Missouri re-
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search reactor project: Provided, That of the amount pro-
vided, $2,000,000 may be available to the Natural Energy
Laboratory of Hawaii, for the purpose of monitoring ocean
climate change indicators.
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, $242,500,000 to be derived from the Nuclear Waste
Fund: Provided, That not to exceed $4,727,000 may be pro-
vided 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 amend-
ed: Provided further, That not to exceed $5,432,000 may
be provided to affected units of local governments, as defined
in Public Law 97–425, to conduct appropriate activities
pursuant to the Act: Provided further, That the distribution
of the funds as determined by the units of local government
shall be approved by the Department of Energy: Provided
further, That the funds shall be made available to the State
and units of local government by direct payment: Provided
further, That within 90 days of the completion of each Fed-
eral fiscal year, the State and each local entity shall provide
certification to the Department of Energy, that all funds