H. R. 2605
One Hundred Sixth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the sixth day of January, one thousand nine hundred and ninety-nine
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 Representatives 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 direc-
tion of the Secretary of the Army and the supervision of the Chief
of Engineers for authorized civil functions of the Department of
the Army pertaining to rivers and harbors, flood control, beach
erosion, and related purposes.
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, mis-
cellaneous investigations, and, when authorized by laws, surveys
and detailed studies and plans and specifications of projects prior
to construction, $161,994,000, to remain available until expended:
Provided, That the Secretary of the Army, acting through the Chief
of Engineers, is directed to use the remaining unobligated funds
appropriated in Public Law 102–377 for the Red River Waterway,
Shreveport, Louisiana, to Daingerfield, Texas, project for the feasi-
bility 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 participation or under consideration for
H. R. 2605—2
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 construc-
tion), $1,400,722,000, 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 Harbor 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 Waterways 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, 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, $8,000,000;
Harlan/Clover Fork including grading and landscaping of
the disposal site at the Harlan floodwall, Pike County,
Middlesboro, Martin County, Pike County Tug Forks Tribu-
taries, Bell County, Harlan County, and Town of Martin ele-
ments of the Levisa and Tug Forks of the Big Sandy River
and Upper Cumberland River project in Kentucky, $14,050,000;
Jackson County, Mississippi, $800,000;
Natchez Bluff, Mississippi, $2,000,000;
Passaic River Streambank Restoration, New Jersey,
$6,000,000; and
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 Cumberland River project in West
Virginia, $4,400,000:
Provided, That no part of any appropriation 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
the Secretary of the Army, acting through the Chief of Engineers,
may use $1,500,000 of funding appropriated herein to initiate
construction of shoreline protection measures at Assateague Island,
Maryland, subject to execution of an agreement for reimbursement
by the National Park Service: Provided further, That the Secretary
of the Army, acting through the Chief of Engineers, may use
Construction, 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 Sec-
retary 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 emer-
gency need for the outlet and reports to Congress that the construc-
tion is technically sound, economically justified, and environ-
mentally acceptable and in compliance with the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.): Provided further,
That the economic justification for the emergency outlet shall be
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prepared in accordance with the principles and guidelines for eco-
nomic evaluation as required by regulations and procedures of
the Army Corps of Engineers for all flood control projects, and
that the economic justification be fully described, including the
analysis 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 assurances 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 Treaty
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
stabilized lake levels through inlet controls, or to otherwise study
any facility or carry out any activity that would permit the transfer
of water from the Missouri River Basin into Devils Lake.
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS,
ILLINOIS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND
TENNESSEE
For expenses necessary for prosecuting work of flood control,
and rescue work, repair, restoration, or maintenance of flood control
projects threatened or destroyed by flood, as authorized by law
(33 U.S.C. 702a and 702g–1), $309,416,000, to remain available
until expended.
OPERATION AND MAINTENANCE, GENERAL
For expenses necessary for the preservation, operation, mainte-
nance, 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 commerce and navigation; surveys and charting
of northern and northwestern lakes and connecting waters; clearing
and straightening channels; and removal of obstructions to naviga-
tion, $1,853,618,000, to remain available until expended, of which
such sums as become available 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 maintenance of outdoor
recreation facilities: Provided, That no funds, whether appropriated,
contributed, or otherwise provided, 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.
H. R. 2605—4
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: Provided, 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 Regu-
latory Program, which administrative appeals process shall provide
for a single-level appeal of jurisdictional determinations: 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 regulated community of proposed
replacement permits for the nationwide permit 26 under section
404 of the Clean Water Act and shall submit a report based upon
the aforementioned studies and analyses 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
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 program, $150,000,000,
to remain available until expended.
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 Center, and headquarters support
functions at the USACE Finance Center, $149,500,000, to remain
available until expended: Provided, That no part of any other appro-
priation 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.
ADMINISTRATIVE PROVISION
Appropriations in this title shall be available for official recep-
tion 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 passenger 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
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funds are identified in the Committee reports accompanying this
Act under the Construction, General; Operation and Maintenance,
General; and Flood Control, Mississippi River and Tributaries,
appropriation accounts: 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 Assistant
Secretary of the Army for Civil Works or the United States Army
Corps of Engineers after the date of the enactment of this Act
pursuant to section 4 of the Rivers and Harbor Act of 1915, Public
Law 64–291; section 11 of the River and Harbor Act of 1925,
Public Law 68–585; the Civil Functions Appropriations Act, 1936,
Public Law 75–208; section 215 of the Flood Control Act of 1968,
as amended, Public Law 90–483; sections 104, 203, and 204 of
the Water Resources Development Act of 1986, as amended (Public
Law 99–662); section 206 of the Water Resources Development
Act of 1992, as amended, Public Law 102–580; section 211 of the
Water Resources Development Act of 1996, Public Law 104–303,
and any other specific project authority, shall be limited to credits
and reimbursements per project not to exceed $10,000,000 in each
fiscal year, and total credits and reimbursements for all applicable
projects not to exceed $50,000,000 in each fiscal year.
SEC. 103. None of the funds made available in this Act may
be used to revise the Missouri River Master Water Control Manual
when it is made known to the Federal entity or official to which
the funds are made available that such revision provides for an
increase in the springtime water release program during the spring
heavy rainfall and snow melt period in States that have rivers
draining into the Missouri River below the Gavins Point Dam.
TITLE II
DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For carrying out activities authorized by the Central Utah
Project Completion Act, 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 $15,476,000 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 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 carrying out
related responsibilities of the Secretary of the Interior, $1,321,000,
to remain available until expended.
H. R. 2605—6
BUREAU OF RECLAMATION
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
WATER AND RELATED RESOURCES
(INCLUDING TRANSFER OF FUNDS)
For management, development, and restoration of water and
related natural resources and for related activities, including the
operation, maintenance and rehabilitation of reclamation and other
facilities, participation in fulfilling related Federal responsibilities
to Native Americans, and related grants to, and cooperative and
other agreements with, State and local governments, Indian tribes,
and others, $607,927,000, to remain available until expended, of
which $2,247,000 shall be available for transfer to the Upper Colo-
rado 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 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 special fee account
established by 16 U.S.C. 460l–6a(i) shall be derived from that
Fund or account: Provided further, That funds contributed under
43 U.S.C. 395 are available until expended for the purposes for
which contributed: Provided further, That funds advanced under
43 U.S.C. 397a shall be credited to this account and are available
until expended 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, Reclamation 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
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 $1,000,000 (October 1998 prices).
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 Rec-
lamation Projects Act of August 6, 1956, as amended (43 U.S.C.
422a–422l): Provided, That such costs, including the cost of modi-
fying 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 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
H. R. 2605—7
available until expended: Provided, That of the total sums appro-
priated, 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 provisions of the Central
Valley Project Improvement Act, $42,000,000, to be derived from
such sums as may be collected in the Central Valley Project Restora-
tion Fund pursuant 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 Interior and
other participating Federal agencies in carrying out ecosystem res-
toration activities pursuant to the California Bay-Delta Environ-
mental 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 and surface stor-
age, levees, conveyance, and watershed management, consistent
with plans to be approved by the Secretary of the Interior, in
consultation with such Federal agencies, $60,000,000, to remain
available until expended, of which $30,000,000 shall be used for
ecosystem restoration activities and $30,000,000 shall be used for
such other activities, and of which such amounts as may be nec-
essary to conform with such plans shall be transferred to appro-
priate accounts of such Federal agencies: Provided, That no more
than $5,000,000 of the funds appropriated herein may be used
for planning and management activities associated with developing
the overall CALFED Bay-Delta Program and coordinating its staged
implementation: Provided further, That funds for ecosystem restora-
tion 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 agree-
ment: 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 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, $47,000,000, 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
H. R. 2605—8
in this Act shall be available for activities or functions budgeted
as policy and administration expenses.
ADMINISTRATIVE PROVISIONS
SEC. 201. Appropriations for the Bureau of Reclamation shall
be available for purchase of not to exceed six passenger motor
vehicles for replacement only.
SEC. 202. Funds under this title for Drought Emergency Assist-
ance shall be made available primarily for leasing of water for
specified drought related purposes from willing lessors, in compli-
ance with existing State laws and administered 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 economic harm within the State in which the purchase
is made.
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 supply, and uranium supply
and enrichment activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition, construction,
or expansion; and the purchase of not to exceed one passenger
motor vehicle for replacement only, $644,937,953, of which $820,953
shall be derived by transfer from the Geothermal 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 manage-
ment 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,
$333,618,000, to remain available until expended.
URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING
FUND
For necessary expenses in carrying out uranium enrichment
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, $250,198,000,
H. R. 2605—9
to be derived from the Fund, to remain available until expended:
Provided, 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 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 facility or for plant or facility acquisition, construc-
tion, or expansion, and purchase of not to exceed six passenger
motor vehicles for replacement only, $2,799,851,000, 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, $240,500,000
to be derived from the Nuclear Waste Fund: Provided, That not
to exceed $500,000 may be provided to the State of Nevada solely
for expenditures, other than salaries and expenses of State
employees, to conduct scientific oversight responsibilities pursuant
to the Nuclear Waste Policy Act of 1982, (Public Law 97–425)
as amended: Provided 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 Federal fiscal year, the State and each local
entity shall provide certification to the Department of Energy, that
all funds expended from such payments have been expended for
activities as defined in Public Law 97–425. Failure to provide such
certification shall cause such entity to be prohibited from any fur-
ther funding provided for similar activities: Provided further, That
none of the funds herein appropriated may be: (1) used directly
or indirectly to influence legislative action on any matter pending
before Congress or a State legislature or for lobbying activity as
provided in 18 U.S.C. 1913; (2) used for litigation expenses; or
(3) used to support multi-state efforts or other coalition building
activities inconsistent with the restrictions contained in this Act.
DEPARTMENTAL ADMINISTRATION
For salaries and expenses of the Department of Energy nec-
essary for departmental administration in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the hire of passenger motor vehicles and official
reception and representation expenses (not to exceed $35,000),
$206,365,000, to remain available until expended, plus such addi-
tional amounts as necessary to cover increases in the estimated
amount of cost of work for others notwithstanding the provisions
H. R. 2605—10
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 author-
ized 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 miscellaneous reve-
nues 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 $99,478,000.
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, $29,500,000, 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 exceed three for
replacement only), $4,443,939,000, to remain available until
expended: Provided, That funding for any ballistic missile defense
program undertaken by the Department of Energy for the Depart-
ment of Defense shall be provided by the Department of Defense
according to procedures established for Work for Others by the
Department of Energy.
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.), 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 35 passenger motor
vehicles for replacement only, $4,484,349,000, to remain available
until expended: Provided, That any amounts appropriated under
this heading that are used to provide economic assistance under
section 15 of the Waste Isolation Pilot Plant Land Withdrawal
Act (Public Law 102–579) shall be utilized to the extent necessary
to reimburse costs of financial assurances required of a contractor
by any permit or license of the Waste Isolation Pilot Plant issued
by the State of New Mexico.
H. R. 2605—11
DEFENSE FACILITIES CLOSURE PROJECTS
For expenses of the Department of Energy to accelerate the
closure of defense environmental management sites, including the
purchase, construction and acquisition of plant and capital equip-
ment and other necessary expenses, $1,064,492,000, to remain avail-
able until expended.
DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION
For Department of Energy expenses for privatization projects
necessary for atomic energy defense environmental management
activities authorized by the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), $189,000,000, 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 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, $1,722,444,000,
to remain available until expended: Provided, That not to exceed
$5,000 may be used for official reception and representation
expenses for transparency, national security 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 expended.
POWER MARKETING ADMINISTRATIONS
BONNEVILLE POWER ADMINISTRATION FUND
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93–454, are approved for the
Northeast Oregon Hatchery Master Plan, and for official reception
and representation expenses in an amount not to exceed $1,500.
During fiscal year 2000, no new direct loan obligations may
be made.
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER
ADMINISTRATION
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant
to the provisions of section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the southeastern power area,
$11,594,000; in addition, notwithstanding the provisions of 31
H. R. 2605—12
U.S.C. 3302, not to exceed $28,000,000 in reimbursements for trans-
mission wheeling and ancillary services and for power purchases,
to remain available until expended.
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, sub-
stations and appurtenant facilities, and for administrative expenses,
including official reception and representation expenses in an
amount not to exceed $1,500 in carrying out the provisions of
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as
applied to the southwestern power area, $28,773,000, to remain
available until expended, of which $773,000 shall be derived by
transfer from unobligated balances in ‘‘Operation and Maintenance,
Southeastern Power Administration’’; 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 ADMINISTRATION
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and
other related activities including conservation and renewable
resources programs as authorized, including official reception and
representation expenses in an amount not to exceed $1,500,
$193,357,000, to remain available until expended, of which
$182,172,000 shall be derived from the Department of the Interior
Reclamation Fund: Provided, That of the amount herein appro-
priated, $5,036,000 is for deposit into the Utah Reclamation Mitiga-
tion and Conservation Account pursuant to title IV of the Reclama-
tion Projects Authorization and Adjustment Act of 1992.
FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND
For operation, maintenance, and emergency costs for the hydro-
electric 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 Administration, 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 Regulatory
Commission to carry out the provisions of the Department 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: Provided,
That notwithstanding any other provision of law, not to exceed
H. R. 2605—13
$174,950,000 of revenues from fees and annual charges, and other
services and collections in fiscal year 2000 shall be retained and
used for necessary expenses in this account, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the General Fund shall be reduced as revenues
are received during fiscal year 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 Sec-
retary 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, amendment,
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 Representatives and the Senate a report notifying
the subcommittees 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 Sec-
retary 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, amendment,
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 Representatives and the Senate a report notifying
the subcommittees 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 restructuring 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 $24,500,000 made available for obligation
by this Act for severance payments and other benefits and commu-
nity assistance grants 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. 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.
H. R. 2605—14
(TRANSFERS OF UNEXPENDED BALANCES)
SEC. 306. The unexpended balances of prior appropriations
provided for activities in this Act may be transferred to appropria-
tion accounts for such activities established pursuant to this title.
Balances so transferred may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one
fund for the same time period as originally enacted.
SEC. 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, ‘‘Energy Supply’’ without obligating
the estimated costs associated with any necessary cancellation or
termination of the contract. The Secretary of Energy may pay
costs of termination or cancellation from—
(1) appropriations originally available for the performance
of the contract concerned;
(2) appropriations currently available for procurement of
the type of property or services concerned, and not otherwise
obligated; or
(3) funds appropriated for those payments.
SEC. 308. Of the funds in this Act provided to government-
owned, contractor-operated laboratories, not to exceed 4 percent
shall be available to be used for Laboratory Directed Research
and Development: Provided, That none of the funds in the Environ-
mental Management programs are available for Laboratory Directed
Research and Development.
SEC. 309. (a) Of the funds appropriated by this title to the
Department of Energy, not more than $150,000,000 shall be avail-
able for reimbursement of management and operating contractor
travel expenses.
(b) Funds appropriated by this title to the Department of
Energy may be used to reimburse a Department of Energy manage-
ment and operating contractor for travel costs of its employees
under the contract only to the extent that the contractor applies
to its employees the same rates and amounts as those that apply
to Federal employees under subchapter I of chapter 57 of title
5, United States Code, or rates and amounts established by the
Secretary of Energy. The Secretary of Energy may provide excep-
tions to the reimbursement requirements of this section as the
Secretary considers appropriate.
SEC. 310. (a) None of the funds in this Act or any future
Energy and Water Development Appropriations Act may be
expended after December 31 of each year under a covered contract
unless the funds are expended in accordance with a Laboratory
Funding Plan that has been approved by the Secretary of Energy.
At the beginning of each fiscal year, the Secretary shall issue
directions to the laboratories for the programs, projects, and activi-
ties to be conducted in that fiscal year. The Secretary and the
Laboratories shall devise a Laboratory Funding Plan that identifies
the resources needed to carry out these programs, projects, and
activities. Funds shall be released to the Laboratories only after
the Secretary has approved the Laboratory Funding Plan. The
Secretary of Energy may provide exceptions to this requirement
as the Secretary considers appropriate.
H. R. 2605—15
(b) For purposes of this section, ‘‘covered contract’’ means a
contract for the management and operation of the following labora-
tories: Argonne National Laboratory, Brookhaven National Labora-
tory, Idaho National Engineering and Environmental Laboratory,
Lawrence Berkeley National Laboratory, Lawrence Livermore
National Laboratory, Los Alamos National Laboratory, Oak Ridge
National Laboratory, Pacific Northwest National Laboratory, and
Sandia National Laboratories.
SEC. 311. As part of the Department of Energy’s approval
of laboratory funding for prime contractors responsible for manage-
ment of Department of Energy sites and facilities, the Secretary
shall review and approve the incentive structure for contractor
fees, the amounts of award fees to be made available for next
year, the allowable salaries of first and second tier laboratory
management, and the overhead expenditures. The Secretary of
Energy may provide exceptions to this requirement as the Secretary
considers appropriate.
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 specifi-
cally identified in the budget submission.
SEC. 313. None of the funds made available in this or any
other Act may be used to restart the High Flux Beam Reactor.
SEC. 314. No funds are provided in this Act or any other
Act for the Administrator of the Bonneville Power Administration
to enter into any agreement to perform energy efficiency services
outside the legally defined Bonneville service territory, with the
exception of services provided internationally, including services
provided on a reimbursable basis, unless the Administrator certifies
that such services are not available from private sector businesses.
SEC. 315. None of the funds in this Act may be used to dispose
of transuranic waste in the Waste Isolation Pilot Plant which con-
tains concentrations of plutonium in excess of 20 percent by weight
for the aggregate of any material category on the date of the
enactment of this Act, or is generated after such date.
SEC. 316. LIMITING THE INCLUSION OF COSTS OF PROTECTION
OF, MITIGATION OF DAMAGE TO, AND ENHANCEMENT OF FISH AND
WILDLIFE, WITHIN RATES CHARGED
BY
THE BONNEVILLE POWER
ADMINISTRATION, TO THE RATE PERIOD IN WHICH THE COSTS ARE
INCURRED. Section 7 of the Pacific Northwest Electric Power Plan-
ning and Conservation Act (16 U.S.C. 839e) is amended by adding
at the end the following:
‘‘(n) LIMITING THE INCLUSION OF COSTS OF PROTECTION OF,
MITIGATION OF DAMAGE TO, AND ENHANCEMENT OF FISH AND WILD-
LIFE, WITHIN RATES CHARGED BY THE BONNEVILLE POWER ADMINIS-
TRATION, 
TO
THE
RATE
PERIOD
IN
WHICH
THE
COSTS
ARE
INCURRED.—Notwithstanding any other provision of this section,
rates established by the Administrator, under this section shall
recover costs for protection, mitigation and enhancement of fish
and wildlife, whether under the Pacific Northwest Electric Power
Planning and Conservation Act or any other Act, not to exceed
such amounts the Administrator forecasts will be expended during
the fiscal year 2002–2006 rate period, while preserving the Adminis-
trator’s ability to establish appropriate reserves and maintain a
high Treasury payment probability for the subsequent rate period.’’.
H. R. 2605—16
TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, as amended,
for necessary expenses for the Federal Co-Chairman and the alter-
nate on the Appalachian Regional 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
passenger motor vehicles, $66,400,000, to remain available until
expended.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SALARIES AND EXPENSES
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy
Act of 1954, as amended by Public Law 100–456, section 1441,
$17,000,000, to remain available until expended.
DENALI COMMISSION
For expenses of the Denali Commission including the purchase,
construction and acquisition of plant and capital equipment as
necessary and other expenses, $20,000,000, to remain available
until expended.
NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974, as amended,
and the Atomic Energy Act of 1954, as amended, including official
representation expenses (not to exceed $15,000), $465,000,000, to
remain available until expended: Provided, That of the amount
appropriated herein, $19,150,000 shall be derived from the Nuclear
Waste Fund: Provided further, That revenues from licensing fees,
inspection services, and other services and collections estimated
at $442,000,000 in fiscal year 2000 shall be retained and used
for necessary salaries and expenses in this account, notwithstanding
31 U.S.C. 3302, and shall remain available until expended: Provided
further, That $3,850,000 of the funds herein appropriated for regu-
latory 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 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
$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,
H. R. 2605—17
as amended, $5,000,000, to remain available until expended: Pro-
vided, 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 Technical Review
Board, as authorized by section 5051 of Public Law 100–203,
$2,600,000, to be derived from the Nuclear Waste Fund, and to
remain available until expended.
TENNESSEE VALLEY AUTHORITY
The Tennessee Valley Authority is directed to use up to
$3,000,000 from previously appropriated funds to pay any necessary
transition costs for Land Between the Lakes.
TITLE V—RESCISSIONS
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
GENERAL INVESTIGATIONS
(RESCISSIONS)
Of the funds made available under this heading in Public
Law 105–245 and prior Energy and Water Development Acts, the
following amounts are hereby rescinded in the amounts specified:
Calleguas Creek, California, $271,100;
San Joaquin, Caliente Creek, California, $155,400;
Buffalo Small Boat Harbor, New York, $15,100;
City of Buffalo, New York, $4,000;
Geneva State Park, Ohio Shoreline Protection, $91,000;
Clinton River Spillway, Michigan, $50,000;
Lackawanna River Basin Greenway Corridor, Pennsyl-
vania, $217,900; and
Red River Waterway, Index, Arkansas, to Denison Dam,
Texas, $125,000.
CONSTRUCTION, GENERAL
(RESCISSIONS)
Of the funds made available under this heading in Public
Law 105–245, and prior Energy and Water Development Acts,
the following amounts are hereby rescinded in the amounts speci-
fied:
Sacramento 
River 
Flood 
Control 
Project, 
California
(Deficiency Correction), $1,500,000;
Melaleuca Quarantine Facility, Florida, $295,000;
Lake George, Hobart, Indiana, $3,484,000;
H. R. 2605—18
Anacostia River (Section 1135), Maryland, $1,534,000;
Sowashee Creek, Meridian, Mississippi, $2,537,000;
Platte River Flood and Streambank Erosion Control,
Nebraska, $1,409,000;
Rochester Harbor, New York, $1,842,000;
Columbia River, Seafarers Museum, Hammond, Oregon,
$98,000; and
Quonset Point, Davisville, Rhode Island, $120,000.
DEPARTMENT OF ENERGY
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER
ADMINISTRATION
(RESCISSION)
Of the funds made available under this heading in Public
Law 105–245 and prior Energy and Water Development Acts,
$3,000,000, are rescinded.
NUCLEAR WASTE DISPOSAL
(RESCISSION)
Of the funds made available under the heading ‘‘Department
of Energy—Energy Programs—Nuclear Waste Disposal Fund’’ in
the Energy and Water Development Appropriations Act, 1998
(Public Law 105–62), $4,000,000 is rescinded, to be derived from
the amount specified under such heading for the Nuclear Regulatory
Commission to license a multi-purpose canister design.
TITLE VI—GENERAL PROVISIONS
SEC. 601. 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 communicate to Members of Congress as
described in section 1913 of title 18, United States Code.
SEC. 602. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS.—It is the sense of the Congress that, to the greatest
extent practicable, all equipment 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 entity 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 inten-
tionally affixed a label bearing a ‘‘Made in America’’ inscription,
or any inscription with the same meaning, to any product sold
in or shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any contract or
subcontract made with funds made available in this Act, pursuant
to the debarment, suspension, and ineligibility procedures described
in sections 9.400 through 9.409 of title 48, Code of Federal Regula-
tions.
H. R. 2605—19
SEC. 603. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis Unit
until development by the Secretary of the Interior and the State
of California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Adminis-
trator of the Environmental Protection Agency, to minimize any
detrimental effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program shall
be classified by the Secretary of the Interior as reimbursable or
nonreimbursable and collected until fully repaid pursuant to the
‘‘Cleanup 
Program—Alternative 
Repayment 
Plan’’ 
and 
the
‘‘SJVDP—Alternative Repayment Plan’’ described in the report enti-
tled ‘‘Repayment Report, Kesterson Reservoir Cleanup Program
and San Joaquin Valley Drainage Program, February 1995’’, pre-
pared 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. 604. Section 6101(a)(3) of the Omnibus Budget Reconcili-
ation 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. 605. Title VI, division C, of Public Law 105–277, Making
Omnibus Consolidated and Emergency Supplemental Appropria-
tions for Fiscal Year 1999, is repealed.
SEC. 606. Section 211(e)(2)(A) of the Water Resources Develop-
ment Act of 1996 (Public Law 104–303, 110 Stat. 3682) is amended
by striking ‘‘in advance in appropriations Acts’’.
SEC. 607. None of the funds appropriated by this Act shall
be used to propose or issue rules, regulations, decrees, or orders
for the purpose of implementation, or in 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 Cli-
mate 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.
SEC. 608. UNITED STATES ENRICHMENT CORPORATION FUND.
(a) WITHDRAWALS.—Subsections (b) and (c) of section 1 of Public
Law 105–204 (112 Stat. 681) are amended by striking ‘‘fiscal year
2000’’ and inserting ‘‘fiscal year 2002’’.
(b) INVESTMENT OF AMOUNTS IN THE UNITED STATES ENRICH-
MENT CORPORATION FUND.—
(1) IN GENERAL.—The Secretary of the Treasury shall invest
such portion of the United States Enrichment Corporation Fund
as is not, in the judgment of the Secretary, required to meet
current withdrawals. Investments may be made only in
interest-bearing obligations of the United States.
(2) ACQUISITION
OF
OBLIGATIONS.—For the purpose of
investments under paragraph (1), obligations may be acquired—
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
H. R. 2605—20
(3) SALE OF OBLIGATIONS.—Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the
market price.
(4) CREDITS TO FUND.—The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.
SEC. 609. LAKE CASCADE. (a) DESIGNATION.—The reservoir com-
monly known as the ‘‘Cascade Reservoir’’, created as a result of
the building of the Cascade Dam authorized by the matter under
the heading ‘‘BUREAU OF RECLAMATION’’ of the fifth section of the
Interior Department Appropriation Act, 1942 (55 Stat. 334, chapter
259) for the Boise Project, Idaho, Payette division, is redesignated
as ‘‘Lake Cascade’’.
(b) REFERENCES.—Any reference in any law, regulation, docu-
ment, record, map, or other paper of the United States to ‘‘Cascade
Reservoir’’ shall be considered to be a reference to ‘‘Lake Cascade’’.
SEC. 610. Section 4(h)(10)(D) of the Pacific Northwest Electric
Power Planning and Conservation Act (16 U.S.C. 839b(h)(10)(D))
is amended by striking clauses (vii) and (viii) and inserting the
following:
‘‘(vii) COST LIMITATION.—The annual cost of this provision shall
not exceed $500,000 in 1997 dollars.’’.
SEC. 611. (a) The Secretary of the Army, acting through the
Chief of Engineers, in carrying out the program known as the
Formerly Utilized Sites Remedial Action Program, shall undertake
the following functions and activities to be performed at eligible
sites where remediation has not been completed:
(1) Sampling and assessment of contaminated areas.
(2) Characterization of site conditions.
(3) Determination of the nature and extent of contami-
nation.
(4) Selection of the necessary and appropriate response
actions as the lead Federal agency.
(5) Cleanup and closeout of sites.
(6) Any other functions and activities determined by the
Secretary of the Army, acting through the Chief of Engineers,
as necessary for carrying out that program, including the
acquisition of real estate interests where necessary, which may
be transferred upon completion of remediation to the adminis-
trative jurisdiction of the Secretary of Energy.
(b) Any response action under that program by the Secretary
of the Army, acting through the Chief of Engineers, shall be subject
to the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) (in this section referred
to as ‘‘CERCLA’’), and the National Oil and Hazardous Substances
Pollution Contingency Plan (40 CFR 300).
(c) 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 Depart-
ment of Energy for response actions under that program shall
be credited to the amounts made available to carry out that program
and shall be available until expended for costs of response actions
for any eligible site.
(d) The Secretary of Energy may exercise the authority under
section 168 of the Atomic Energy Act of 1954 (42 U.S.C. 2208)
to make payments in lieu of taxes for federally owned property
at which activities under that program are carried out, regardless
H. R. 2605—21
of which Federal agency has administrative jurisdiction over the
property and notwithstanding any reference to ‘‘the activities of
the Commission’’ in that section.
(e) This section does not alter, curtail, or limit the authorities,
functions, or responsibilities of other agencies under CERCLA or,
except as stated in this section, under the Atomic Energy Act
of 1954 (42 U.S.C. 2011 et seq.).
(f ) This section shall apply to fiscal year 2000 and each
succeeding fiscal year.
This Act may be cited as the ‘‘Energy and Water Development
Appropriations Act, 2000’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.