IB
Union Calendar No. 147
106TH CONGRESS
1ST SESSION
H. R. 2605
[Report No. 106–253]
Making appropriations for energy and water development for the fiscal year
ending September 30, 2000, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 23, 1999
Mr. PACKARD, from the Committee on Appropriations, reported the following
bill; which was committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
A BILL
Making appropriations for energy and water development
for the fiscal year ending September 30, 2000, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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-
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
control, shore protection, and related projects, restudy of
authorized projects, miscellaneous investigations, and,
when authorized by laws, surveys and detailed studies and
plans and specifications of projects prior to construction,
$158,993,000, to remain available until expended: Pro-
vided, That the Secretary of the Army, acting through the
Chief of Engineers, is directed to use the remaining unob-
ligated funds appropriated in Public Law 102–377 for the
Red 
River 
Waterway, 
Shreveport, 
Louisiana, 
to
Daingerfield, Texas, project for the feasibility phase of the
Red River Navigation, Southwest Arkansas, study.
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 participa-
tion 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 con-
stitute a commitment of the Government to construction),
$1,412,591,000, to remain available until expended, of
which such sums as are necessary for the Federal share
of construction costs for facilities under the Dredged Ma-
terial Disposal Facilities program shall be derived from
the Harbor Maintenance Trust Fund, as authorized by
Public Law 104–303; and of which such sums as are nec-
essary pursuant to Public Law 99–662 shall be derived
from the Inland Waterways Trust Fund, for one-half of
the costs of construction and rehabilitation of inland wa-
terways projects, including rehabilitation costs for the
Lock and Dam 25, Mississippi River, Illinois and Mis-
souri; Lock and Dam 14, Mississippi River, Iowa; Lock
and Dam 24, Mississippi River, Illinois and Missouri; and
Lock and Dam 3, Mississippi River, Minnesota; London
Locks 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:
Indianapolis 
Central 
Waterfront, 
Indiana,
$10,991,000;
Harlan/Clover Fork, Pike County, Middlesboro,
Martin County, Pike County Tug Forks Tributaries,
Bell County, Harlan County, and Town of Martin
elements of the Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River project in
Kentucky, $14,050,000; and
Passaic River Streambank Restoration, New
Jersey, $8,000,000.
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),
$313,324,000, to remain available until expended.
OPERATION AND MAINTENANCE, GENERAL
For expenses necessary for the preservation, oper-
ation, 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 gen-
eral commerce and navigation; surveys and charting of
northern and northwestern lakes and connecting waters;
clearing and straightening channels; and removal of ob-
structions to navigation, $1,888,481,000, to remain avail-
able until expended, of which such sums as become avail-
able in the Harbor Maintenance Trust Fund, pursuant to
Public Law 99–662, may be derived from that Fund, and
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
from that account for construction, operation, and mainte-
nance of outdoor recreation facilities.
REGULATORY PROGRAM
For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$117,000,000, 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
Program, which administrative appeals process shall pro-
vide for a single-level appeal of jurisdictional determina-
tions, the results of which shall be considered final agency
action under the Administrative Procedures Act: Provided
further, That the Secretary of the Army, acting through
the Chief of Engineers, shall, using funds provided herein,
prepare studies and analyses of the impacts on Regulatory
Branch workload and on cost of compliance by the regu-
lated community of proposed replacement permits for the
nationwide permit 26 under section 404 of the Clean
Water Act: Provided further, That none of the funds made
available under this Act may be used by the Secretary of
the Army to promulgate or implement such replacement
permits unless and until the Secretary of the Army, acting
through the Chief of Engineers, has submitted the afore-
mentioned report to the Committees on Appropriations of
the House and Senate, the Transportation and Infrastruc-
ture Committee of the House, and the Committee on Envi-
ronment and Public Works of the Senate: Provided fur-
ther, That the Secretary of the Army, acting through the
Chief of Engineers, shall not terminate the current nation-
wide permit 26 unless and until the aforementioned report
has been submitted to the Committees on Appropriations
of the House and Senate, the Transportation and Infra-
structure Committee of the House, and the Committee on
Environment and Public Works of the Senate.
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 en-
ergy program, $150,000,000, to remain available until ex-
pended: Provided, That the United States Army Corps of
Engineers under this program shall undertake the fol-
lowing functions and activities to be performed at eligible
sites where remediation has not been completed: sampling
and assessment of contaminated areas, characterization of
site conditions, determination of the nature and extent of
contamination, selection 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 Chief of Engineers as necessary for car-
rying out this program, including the acquisition of real
estate interests where necessary, which may be transferred
upon completion of remediation to the administrative ju-
risdiction of the Department of Energy: Provided further,
That response actions by the United States Army Corps
of Engineers under this program shall be subject to the
Comprehensive Environmental Response, Compensation
and Liability Act (42 U.S.C. 9601 et seq.), and the Na-
tional Oil and Hazardous Substances Pollution Contin-
gency Plan, 40 CFR, Chapter 1, Part 300: Provided fur-
ther, That these provisions do not alter, curtail or limit
the authorities, functions or responsibilities of other agen-
cies under CERCLA or, except as stated herein, under the
Atomic Energy Act (42 U.S.C. 2011 et seq.): Provided fur-
ther, 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 Remedial Action
Program shall be credited to this account and will be avail-
able until expended for response action costs for any eligi-
ble 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 property
where Formerly Utilized Sites Remedial Action Program
activities are conducted, regardless of which Federal agen-
cy has administrative jurisdiction over the property and
notwithstanding references to ‘‘the activities of the Com-
mission’’ in 42 U.S.C. 2208: Provided further, That the
unexpended balances of prior appropriations provided for
these activities in this Act or any previous Energy and
Water Development Appropriations Act may be trans-
ferred to and merged with this appropriation account, and
thereafter, may be accounted for as one fund for the same
time period as originally enacted.
GENERAL EXPENSES
For expenses necessary for general administration
and related functions in the Office of the Chief of Engi-
neers and offices of the Division Engineers; activities of
the Coastal Engineering Research Board, the Humphreys
Engineer Center Support Activity, the Water Resources
Support Center, and headquarters support functions at
the USACE Finance Center; $148,000,000, to remain
available until expended: 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 division offices: Provided further, That
none of these funds shall be available to support an office
of congressional affairs within the executive office of the
Chief of Engineers; Provided further, That none of these
funds shall be used to support more than one regional of-
fice in each Corps of Engineers division, which office shall
serve as divisional headquarters.
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
BUREAU OF RECLAMATION
The following appropriations shall be expended to
execute authorized functions of the Bureau of Reclama-
tion:
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, $604,910,000, to remain available
until expended, of which $2,247,000 shall be available for
transfer to the Upper Colorado River Basin Fund and
$24,089,000 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 trans-
fers may be increased or decreased within the overall ap-
propriation 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 Bu-
reau of Reclamation special fee account established by 16
U.S.C. 460l–6a(i) shall be derived from that Fund or ac-
count: Provided further, That funds contributed under 43
U.S.C. 395 are available until expended for the purposes
for which contributed: Provided further, That funds ad-
vanced under 43 U.S.C. 397a shall be credited to this ac-
count and are available until expended for the same pur-
poses as the sums appropriated under this heading: Pro-
vided further, That funds available for expenditure for the
Departmental Irrigation Drainage Program may be ex-
pended by the Bureau of Reclamation for site remediation
on a non-reimbursable basis.
BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT
For the cost of direct loans and/or grants,
$12,000,000, to remain available until expended, as au-
thorized 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 defined in section 502 of the Congres-
sional Budget Act of 1974, as amended: Provided further,
That these funds are available to subsidize gross obliga-
tions 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,
That of the total sums appropriated, the amount of pro-
gram 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,
$47,346,000, 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
additional 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 In-
terior 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
efficiency, water quality, groundwater storage, surface
storage, levees, conveyance, and watershed management,
consistent with plans to be approved by the Secretary of
the Interior, in consultation with such Federal agencies,
$75,000,000, to remain available until expended, of which
$45,000,000 shall be used for ecosystem restoration activi-
ties and $30,000,000 shall be used for such other activi-
ties, and of which such amounts as may be necessary to
conform with such plans shall be transferred to appro-
priate accounts of such Federal agencies: Provided, That
no more than $7,000,000 of the funds appropriated herein
may be used for planning and management activities asso-
ciated with developing the overall CALFED Bay-Delta
Program and coordinating its staged implementation: Pro-
vided further, That funds for ecosystem restoration activi-
ties 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 con-
sistent with such cost-sharing agreement: Provided fur-
ther, That such funds may be obligated prior to the com-
pletion 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 expenditure.
POLICY AND ADMINISTRATION
For necessary expenses of policy, administration, and
related functions in the office of the Commissioner, the
Denver office, and offices in the five regions of the Bureau
of Reclamation, to remain available until expended,
$45,000,000, 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 PROVISION
Appropriations for the Bureau of Reclamation shall
be available for purchase of not to exceed six passenger
motor vehicles for replacement only.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY SUPPLY
(INCLUDING TRANSFER OF FUNDS)
For Department of Energy expenses including the
purchase, construction and acquisition of plant and capital
equipment, and other expenses necessary for energy sup-
ply, and uranium supply and enrichment activities in car-
rying out the purposes of the Department of Energy Orga-
nization Act (42 U.S.C. 7101 et seq.), including the acqui-
sition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expan-
sion; and the purchase of not to exceed one passenger
motor vehicle for replacement only, $583,399,953, of
which $820,953 shall be derived by transfer from the Geo-
thermal Resources Development Fund, and of which
$5,000,000 shall be derived by transfer from the United
States Enrichment Corporation Fund.
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
environmental 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,
$327,223,000, 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
Atomic Energy Act of 1954 and title X, subtitle A of the
Energy Policy Act of 1992, $240,198,000, to be derived
from the Fund, to remain available until expended: Pro-
vided, That $30,000,000 of amounts derived from the
Fund for such expenses 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
purchase, construction and acquisition of plant and capital
equipment, and other expenses necessary for science ac-
tivities 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 facility or for plant or facility acquisition, construc-
tion, or expansion, and purchase of not to exceed six pas-
senger 
motor 
vehicles 
for 
replacement 
only,
$2,718,647,000, to remain available until expended.
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
expansion, $169,000,000, to remain available until ex-
pended, to be derived from the Nuclear Waste Fund: Pro-
vided, That none of the funds provided therein shall be
distributed to the State of Nevada or affected units of
local government (as defined by Public Law 97–425) by
direct payment, grant, or other means, for financial assist-
ance under section 116 of the Nuclear Waste Policy Act
of 1982, as amended: Provided further, That the foregoing
proviso shall not apply to payments in lieu of taxes under
section 116(c)(3)(A) of the Nuclear Waste Policy Act of
1982, as amended.
DEPARTMENTAL ADMINISTRATION
For salaries and expenses of the Department of En-
ergy necessary for departmental administration in car-
rying out the purposes of the Department of Energy Orga-
nization Act (42 U.S.C. 7101 et seq.), including the hire
of passenger motor vehicles and official reception and rep-
resentation 
expenses 
(not 
to 
exceed 
$35,000),
$193,769,000, to remain available until expended, plus
such additional amounts as necessary to cover increases
in the estimated amount of cost of work for others not-
withstanding 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 available until expended:
Provided further, That moneys received by the Department
for 
miscellaneous 
revenues 
estimated 
to 
total
$106,887,000 in fiscal year 2000 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 2000 so as to
result in a final fiscal year 2000 appropriation from the
General Fund estimated at not more than $86,882,000.
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, $30,000,000, to remain
available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
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
condemnation of any real property or any facility or for
plant or facility acquisition, construction, or expansion;
and the purchase of passenger motor vehicles (not to ex-
ceed three for replacement only, $4,000,000,000, to re-
main available until expended: Provided, That, of this
amount, $1,000,000,000 shall not be available for obliga-
tion or expenditure until after June 30, 2000, and until
legislation has been enacted restructuring the national se-
curity programs of the Department of Energy or estab-
lishing an independent agency for national security pro-
grams.
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 35 passenger
motor vehicles for replacement only, $4,157,758,000, to
remain available until expended.
DEFENSE FACILITIES CLOSURE PROJECTS
For expenses of the Department of Energy to accel-
erate the closure of defense environmental management
sites, including the purchase, construction and acquisition
of plant and capital equipment and other necessary ex-
penses, $1,054,492,000, to remain available until ex-
pended.
DEFENSE ENVIRONMENTAL MANAGEMENT
PRIVATIZATION
For Department of Energy expenses for privatization
projects necessary for atomic energy defense environ-
mental management activities authorized by the Depart-
ment of Energy Organization Act (42 U.S.C. 7101 et
seq.), $228,000,000, 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,
$1,651,809,000, to remain available until expended: Pro-
vided, That not to exceed $5,000 may be used for official
reception and representation expenses for national secu-
rity and nonproliferation activities.
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
expansion, $112,000,000, to remain available until ex-
pended.
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 Northeast Oregon Hatchery Master
Plan, and for official reception and representation ex-
penses in an amount not to exceed $1,500.
During fiscal year 2000, no new direct loan obliga-
tions may be made.
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, $27,940,000, to
remain available until expended, of which $773,000 shall
be derived by transfer from unobligated balances in ‘‘Op-
eration and Maintenance, Southeastern Power Adminis-
tration’’; in addition, notwithstanding the provisions of 31
U.S.C. 3302, not to exceed $4,200,000 in reimbursements,
to remain available until expended.
CONSTRUCTION, 
REHABILITATION, 
OPERATION
AND
MAINTENANCE, WESTERN AREA POWER ADMINIS-
TRATION
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 con-
servation and renewable resources programs as author-
ized, including official reception and representation ex-
penses in an amount not to exceed $1,500, $171,471,000,
to remain available until expended, of which $160,286,000
shall be derived from the Department of the Interior Rec-
lamation Fund: Provided, That of the amount herein ap-
propriated, $5,036,000 is for deposit into the Utah Rec-
lamation Mitigation and Conservation Account pursuant
to title IV of the Reclamation Projects Authorization and
Adjustment Act of 1992.
FALCON AND AMISTAD OPERATING AND MAINTENANCE
FUND
For operation, maintenance, and emergency costs for
the hydroelectric facilities at the Falcon and Amistad
Dams, $1,309,000, to remain available until expended,
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.
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
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).
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.
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,
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
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 enactment of this provi-
sion), publicly-owned utility, Federal agency, or state
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
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
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 INSPECTOR GENERAL
For necessary expenses of the Office of 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.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
SALARIES AND EXPENSES
For necessary expenses of the Nuclear Waste Tech-
nical Review Board, as authorized by Public Law 100–
203, section 5051, $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.
(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
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. Title III, division C, of Public Law 105–
277, Making Omnibus Consolidated and Emergency Sup-
plemental Appropriations for Fiscal Year 1999 and sec-
tion 105 of Public Law 106–31, the 1999 Emergency Sup-
plemental Appropriations Act, are repealed.
SEC. 507. 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’’.
SEC. 508. 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’’.
Union Calendar No. 147
106TH CONGRESS
1ST SESSION
H. R. 2605
[Report No. 106–253]
A BILL
Making appropriations for energy and water devel-
opment for the fiscal year ending September 30,
2000, and for other purposes.
JULY 23, 1999
Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed