IB
106TH CONGRESS
1ST SESSION
H. R. 2605
IN THE HOUSE OF REPRESENTATIVES
JULY 28, 1999
Ordered to be printed with the amendments of the Senate numbered
AN ACT
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,
Ω1æThat 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-
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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
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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 and 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-
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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
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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 30 days prior to the final publica-
tion of the proposed replacement permits for the nation-
wide permit 26 under section 404 of the Clean Water Act
the Secretary of the Army, acting through the Chief of
Engineers, has submitted the aforementioned studies and
analyses not later than December 30, 1999 to the Com-
mittees on Appropriations of the House and Senate, the
Transportation and Infrastructure Committee of the
House, and the Committee on Environment and Public
Works of the Senate: Provided further, That the Secretary
of the Army, acting through the Chief of Engineers, shall
not terminate the current nationwide permit 26 unless and
until the aforementioned report has been submitted to the
Committees on Appropriations of the House and Senate,
the Transportation and Infrastructure 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
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work performed as part of the Nation’s early atomic en-
ergy program, $150,000,000.
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
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Fund, Corps of Engineers, shall be available for purchase
(not to exceed 100 for replacement only) and hire of pas-
senger motor vehicles.
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, $35,907,000, to remain available until expended, of
which $15,476,000 shall be deposited into the Utah Rec-
lamation Mitigation and Conservation Account: Provided,
That
of
the
amounts
deposited
into
that
account,
$5,000,000 shall be considered the Federal contribution
authorized by paragraph 402(b)(2) of the Central Utah
Project Completion Act and $10,476,000 shall be available
to the Utah Reclamation Mitigation and Conservation
Commission to carry out activities authorized under that
Act.
In addition, for necessary expenses incurred in car-
rying out related responsibilities of the Secretary of the
Interior, $1,283,000, to remain available until expended.
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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-
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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-
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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,
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$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
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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 (in-
creased by $30,000,000), of which $820,953 shall be de-
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rived by transfer from the Geothermal Resources Develop-
ment 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.
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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