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106TH CONGRESS
2D SESSION
H. R. 5483
Making appropriations for energy and water development for the fiscal year
ending September 30, 2001, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 18, 2000
Mr. PACKARD introduced the following bill; which was referred to the
Committee on Appropriations
A BILL
Making appropriations for energy and water development
for the fiscal year ending September 30, 2001, 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 en-
ergy and water development for the fiscal year ending Sep-
tember 30, 2001, and for other purposes, namely:
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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,
$160,038,000, to remain available until expended: Pro-
vided, That in conducting the Southwest Valley Flood
Damage Reduction Study, Albuquerque, New Mexico, the
Secretary of the Army, acting through the Chief of Engi-
neers, shall include an evaluation of flood damage reduc-
tion measures that would otherwise be excluded from the
feasibility analysis based on policies regarding the fre-
quency of flooding, the drainage areas, and the amount
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of runoff: Provided further, That the Secretary of the
Army is directed to use $750,000 of the funds appro-
priated herein to continue preconstruction engineering and
design for the Murrieta Creek, California flood protection
and environmental restoration project in accordance with
Alternative 6, based on the Murrieta Creek feasibility re-
port and environmental impact statement dated June
2000 at a total cost of $90,866,000, with an estimated
Federal cost of $59,063,900 and an estimated non-Fed-
eral cost of $31,803,100.
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),
$1,717,199,000, 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-
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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 12, Mississippi River, Iowa; Lock and Dam
24, Mississippi River, Illinois and Missouri; Lock and
Dam 3, Mississippi River, Minnesota; and London Locks
and Dam, and Kanawha River, West Virginia, projects;
and of which funds are provided for the following projects
in the amounts specified:
Elba, Alabama, $8,400,000;
Geneva, Alabama, $10,800,000;
San Gabriel Basin Groundwater Restoration,
California, $25,000,000;
San 
Timoteo 
Creek 
(Santa 
Ana 
River
Mainstem), California, $5,000,000;
Indianapolis 
Central 
Waterfront, 
Indiana,
$10,000,000;
Southern and Eastern Kentucky, Kentucky,
$4,000,000;
Clover Fork, Middlesboro, City of Cumberland,
Town of Martin, Pike County (including Levisa
Fork and Tug Fork Tributaries), Bell County, Mar-
tin County, and Harlan County, Kentucky, elements
of the Levisa and Tug Forks of the Big Sandy River
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and 
Upper 
Cumberland 
River, 
Kentucky,
$20,000,000: Provided, That the Secretary of the
Army, acting through the Chief of Engineers, is di-
rected to proceed with planning, engineering, design
and construction of the Town of Martin, Kentucky,
element, in accordance with Plan A as set forth in
the preliminary draft Detailed Project Report, Ap-
pendix T of the General Plan of the Huntington
District Commander;
Jackson County, Mississippi, $2,000,000;
Bosque and Leon Rivers, Texas, $4,000,000;
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,
$4,100,000:
Provided further, That using $900,000 of the funds appro-
priated herein, the Secretary of the Army, acting through
the Chief of Engineers, is directed to undertake the Bowie
County Levee project, which is defined as Alternative B
Local Sponsor Option, in the Corps of Engineers docu-
ment entitled Bowie County Local Flood Protection, Red
River, Texas, Project Design Memorandum No. 1, Bowie
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County Levee, dated April 1997: Provided further, That
no part of any appropriation contained in this Act shall
be expended or obligated to begin Phase II of the John
Day Drawdown study or to initiate a study of the draw-
down of McNary Dam unless authorized by law: Provided
further, That the Secretary of the Army, acting through
the Chief of Engineers, is directed hereafter to use avail-
able Construction, General funds in addition to funding
provided in Public Law 104–206 to complete design and
construction of the Red River Regional Visitors Center in
the vicinity of Shreveport, Louisiana at an estimated cost
of $6,000,000: Provided further, That section 101(b)(4)
of the Water Resources Development Act of 1996, is
amended by striking ‘‘total cost of $8,600,000’’ and in-
serting ‘‘total cost of $15,000,000’’: Provided further,
That the Secretary of the Army, acting through the Chief
of Engineers, is directed to use $3,000,000 of the funds
appropriated herein for additional emergency bank sta-
bilization measures at Galena, Alaska under the same
terms and conditions as previous emergency bank sta-
bilization work undertaken at Galena, Alaska pursuant to
section 116 of Public Law 99–190: Provided further, That
with $4,200,000 of the funds appropriated herein, the
Secretary of the Army, acting through the Chief of Engi-
neers, is directed to continue construction of the Bruns-
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wick County Beaches, North Carolina-Ocean Isle Beach
portion in accordance with the General Reevaluation Re-
port approved by the Chief of Engineers on May 15, 1998:
Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use not to
exceed $300,000 of funds appropriated herein to reim-
burse the City of Renton, Washington, at full Federal ex-
pense, for mitigation expenses incurred for the flood con-
trol project constructed pursuant to 33 U.S.C. 701s at
Cedar River, City of Renton, Washington, as a result of
over-dredging by the Army Corps of Engineers: Provided
further, That $2,000,000 of the funds appropriated herein
shall be available for stabilization and renovation of Lock
and Dam 10, Kentucky River, Kentucky, subject to enact-
ment of authorization by law: Provided further, That the
Secretary of the Army, acting through the Chief of Engi-
neers, is directed to use $3,000,000 of the funds appro-
priated herein to initiate construction of a navigation
project at Kaumalapau Harbor, Hawaii: Provided further,
That the Secretary of the Army is directed to use
$2,000,000 of the funds provided herein for Dam Safety
and Seepage/Stability Correction Program to design and
construct seepage control features at Waterbury Dam,
Winooski River, Vermont: Provided further, That the Sec-
retary of the Army, acting through the Chief of Engineers,
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is directed to design and construct barge lanes at the
Houston-Galveston Navigation Channels, Texas, project,
immediately adjacent to either side of the Houston Ship
Channel, from Bolivar Roads to Morgan Point, to a depth
of 12 feet with prior years’ Construction, General carry-
over funds: 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 be-
come available unless the Secretary of the Army deter-
mines that an emergency (as defined in section 102 of the
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5122)) exists with respect to the
emergency need for the outlet and reports to Congress
that the construction is technically sound, economically
justified, and environmentally acceptable, and in compli-
ance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.): Provided further, That the eco-
nomic justification for the emergency outlet shall be pre-
pared in accordance with the principles and guidelines for
economic evaluation as required by regulations and proce-
dures of the Army Corps of Engineers for all flood control
projects, and that the economic justification be fully de-
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scribed, 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 Sec-
retary of State, after consultation with the International
Joint Commission, that the project will not violate the re-
quirements or intent of the Treaty Between the United
States and Great Britain Relating to Boundary Waters
Between the United States and Canada, signed at Wash-
ington, January 11, 1909 (36 Stat. 2448; TS 548) (com-
monly 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 emer-
gency 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 per-
mit the transfer of water from the Missouri River Basin
into Devils Lake: Provided further, That within available
funds, the Secretary of the Army, acting through the Chief
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of Engineers, is directed to continue construction of the
Rio Grand de Manati flood control project at Barceloneta,
Puerto Rico, which was initiated under the authority of
the Section 205 program prior to being specifically author-
ized in the Water Resources Development Act of 1999.
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), $347,731,000, to remain available until expended: Pro-
vided, That the Secretary of the Army is directed to com-
plete his analysis and determination of Federal mainte-
nance of the Greenville Inner Harbor, Mississippi naviga-
tion project in accordance with section 509 of the Water
Resources Development Act of 1996.
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
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northern and northwestern lakes and connecting waters;
clearing and straightening channels; and removal of ob-
structions to navigation, $1,901,959,000, 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: Provided, That the
Secretary of the Army, acting through the Chief of Engi-
neers, from the funds provided herein for the operation
and maintenance of New York Harbor, New York, is di-
rected to prepare the necessary documentation and initiate
removal of submerged obstructions and debris in the area
previously marked by the Ambrose Light Tower in the in-
terest of safe navigation: Provided further, That the Sec-
retary of the Army is directed to use $500,000 of funds
appropriated herein to remove and reinstall the docks and
causeway, in kind, at Astoria East Boat Basin, Oregon:
Provided further, That $500,000 of the funds appropriated
herein for the Ohio River Open Channel, Illinois, Ken-
tucky, Indiana, Ohio, West Virginia, and Pennsylvania,
project, are provided for the Secretary of the Army, acting
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through the Chief of Engineers, to dredge a channel from
the mouth of Wheeling Creek to Tunnel Green Park in
Wheeling, West Virginia.
REGULATORY PROGRAM
For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$125,000,000, to remain available until expended: Pro-
vided, That the Secretary of the Army, acting through the
Chief of Engineers, is directed to use funds appropriated
herein to: (1) by March 1, 2001, supplement the report,
Cost Analysis For the 1999 Proposal to Issue and Modify
Nationwide Permits, to reflect the Nationwide Permits ac-
tually issued on March 9, 2000, including changes in the
acreage limits, preconstruction notification requirements
and general conditions between the rule proposed on July
21, 1999, and the rule promulgated and published in the
Federal Register; (2) after consideration of the cost anal-
ysis for the 1999 proposal to issue and modify nationwide
permits and the supplement prepared pursuant to this Act
and by September 30, 2001, prepare, submit to Congress
and publish in the Federal Register a Permit Processing
Management Plan by which the Corps of Engineers will
handle the additional work associated with all projected
increases in the number of individual permit applications
and preconstruction notifications related to the new and
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replacement permits and general conditions. The Permit
Processing Management Plan shall include specific objec-
tive goals and criteria by which the Corps of Engineers’
progress towards reducing any permit backlog can be
measured; (3) beginning on December 31, 2001, and on
a biannual basis thereafter, report to Congress and pub-
lish in the Federal Register, an analysis of the perform-
ance of its program as measured against the criteria set
out in the Permit Processing Management Plan; (4) im-
plement a 1-year pilot program to publish quarterly on
the U.S. Army Corps of Engineer’s Regulatory Program
website all Regulatory Analysis and Management Systems
(RAMS) data for the South Pacific Division and North
Atlantic Division beginning within 30 days of the enact-
ment of this Act; and (5) publish in Division Office
websites all findings, rulings, and decisions rendered
under the administrative appeals process for the Corps of
Engineers Regulatory Program as established in Public
Law 106–60: Provided further, That, through the period
ending on September 30, 2003, the Corps of Engineers
shall allow any appellant to keep a verbatim record of the
proceedings of the appeals conference under the aforemen-
tioned administrative appeals process: Provided further,
That within 30 days of the enactment of this Act, the Sec-
retary of the Army, acting through the Chief of Engineers,
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shall require all U.S. Army Corps of Engineers Divisions
and Districts to record the date on which a section 404
individual permit application or nationwide permit notifi-
cation is filed with the Corps of Engineers: Provided fur-
ther, That the Corps of Engineers, when reporting permit
processing times, shall track both the date a permit appli-
cation is first received and the date the application is con-
sidered complete, as well as the reason that the application
is not considered complete upon first submission.
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 en-
ergy program, $140,000,000, to remain available until ex-
pended.
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, $152,000,000, to remain
available until expended: Provided, That no part of any
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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.
REVOLVING FUND
Amounts in the Revolving Fund are available for the
costs of relocating the U.S. Army Corps of Engineers
headquarters to office space in the General Accounting Of-
fice headquarters building in Washington, D.C.
ADMINISTRATIVE PROVISIONS
Appropriations in this title shall be available for offi-
cial reception and representation expenses (not to exceed
$5,000); and during the current fiscal year the Revolving
Fund, Corps of Engineers, shall be available for purchase
(not to exceed 100 for replacement only) and hire of pas-
senger motor vehicles.
GENERAL PROVISIONS
CORPS OF ENGINEERS—CIVIL
SEC. 101. (a) The Secretary of the Army shall enter
into an agreement with the City of Grand Prairie, Texas,
wherein the City agrees to assume all of the responsibil-
ities of the Trinity River Authority of Texas under Con-
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tract No. DACW63–76–C–0166, other than financial re-
sponsibilities, except as provided for in subsection (c) of
this section. The Trinity River Authority shall be relieved
of all of its financial responsibilities under the Contract
as of the date the Secretary of the Army enters into the
agreement with the City.
(b) In consideration of the agreement referred to in
subsection (a), the City shall pay the Federal Government
a total of $4,290,000 in two installments, one in the
amount of $2,150,000, which shall be due and payable no
later than December 1, 2000, and one in the amount of
$2,140,000, which shall be due and payable no later than
December 1, 2003.
(c) The agreement executed pursuant to subsection
(a) shall include a provision requiring the City to assume
all costs associated with operation and maintenance of the
recreation facilities included in the Contract referred to
in that subsection.
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; sec-
tion 11 of the River and Harbor Act of 1925, Public Law
68–585; the Civil Functions Appropriations Act, 1936,
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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 lim-
ited to credits and reimbursements per project not to ex-
ceed $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. The Secretary of the Army, acting through
the Chief of Engineers, is authorized to construct the lo-
cally preferred plan for flood control, environmental res-
toration and recreation, Murrieta Creek, California, de-
scribed as Alternative 6, based on the Murrieta Creek Fea-
sibility Report and Environmental Impact Statement
dated October 2000, at a total cost of $89,850,000 with
an estimated Federal cost of $57,735,000 and an esti-
mated non-Federal cost of $32,115,000.
SEC. 104. ST. GEORGES BRIDGE, DELAWARE. None
of the funds made available by this Act may be used to
carry out any activity relating to closure or removal of
the St. Georges Bridge across the Chesapeake and Dela-
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ware Canal, Delaware, including a hearing or any other
activity relating to preparation of an environmental impact
statement concerning the closure or removal.
SEC. 105. Within available funds under title I, the
Secretary of the Army, acting through the Chief of Engi-
neers, shall provide up to $7,000,000 to replace and up-
grade the dam in Kake, Alaska which collapsed July 2000,
to provide drinking water and hydroelectricity.
TITLE II
DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For carrying out activities authorized by the Central
Utah Project Completion Act, $38,724,000, to remain
available until expended, of which $19,158,000 shall be
deposited into the Utah Reclamation Mitigation and Con-
servation Account: Provided, That of the amounts depos-
ited 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
$14,158,000 shall be available to the Utah Reclamation
Mitigation and Conservation Commission to carry out ac-
tivities authorized under that Act.
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In addition, for necessary expenses incurred in car-
rying out related responsibilities of the Secretary of the
Interior, $1,216,000, to remain available until expended.
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, $678,450,000, to remain available until
expended, of which $1,916,000 shall be available for trans-
fer to the Upper Colorado River Basin Fund and
$39,467,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund; of which such
amounts as may be necessary may be advanced to the Col-
orado River Dam Fund; of which $16,000,000 shall be
for on-reservation water development, feasibility studies,
and related administrative costs under Public Law 106–
163; of which not more than 25 percent of the amount
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provided for drought emergency assistance may be used
for financial assistance for the preparation of cooperative
drought contingency plans under title II of Public Law
102–250; and of which not more than $500,000 is for high
priority projects which shall be carried out by the Youth
Conservation Corps, as authorized by 16 U.S.C. 1706:
Provided, That such transfers may be increased or de-
creased within the overall appropriation under this head-
ing: 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 ex-
pended for the same purposes as the sums appropriated
under this heading: Provided further, That funds available
for expenditure for the Departmental Irrigation Drainage
Program may be expended by the Bureau of Reclamation
for site remediation on a non-reimbursable basis: Provided
further, That section 301 of Public Law 102–250, Rec-
lamation States Emergency Drought Relief Act of 1991,
as amended, is amended further by inserting ‘‘2000, and
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2001’’ in lieu of ‘‘and 2000’’: Provided further, That the
amount authorized for Indian municipal, rural, and indus-
trial water features by section 10 of Public Law 89–108,
as amended by section 8 of Public Law 99–294, section
1701(b) of Public Law 102–575, Public Law 105–245,
and Public Law 106–60 is increased by $2,000,000 (Octo-
ber 1998 prices): Provided further, That the amount au-
thorized for Minidoka Project North Side Pumping Divi-
sion, Idaho, by section 5 of Public Law 81–864, is in-
creased by $2,805,000: Provided further, That the Rec-
lamation Safety of Dams Act of 1978 (43 U.S.C. 509)
is amended as follows: (1) by inserting in section 4(c) after
‘‘1984,’’ and before ‘‘costs’’ the following: ‘‘and the addi-
tional $95,000,000 further authorized to be appropriated
by amendments to that Act in 2000,’’; (2) by inserting
in section 5 after ‘‘levels),’’ and before ‘‘plus’’ the fol-
lowing: ‘‘and, effective October 1, 2000, not to exceed an
additional $95,000,000 (October 1, 2000, price levels),’’;
and (3) by striking ‘‘sixty days (which’’ and all that fol-
lows through ‘‘day certain)’’ and inserting in lieu thereof
‘‘30 calendar days’’.
BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT
For the cost of direct loans and/or grants,
$8,944,000, to remain available until expended, as author-
ized by the Small Reclamation Projects Act of August 6,
1956, as amended (43 U.S.C. 422a–422l): Provided, That
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such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$27,000,000.
In addition, for administrative expenses necessary to
carry out the program for direct loans and/or grants,
$425,000, to remain available until expended: Provided,
That of the total sums appropriated, the amount of 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,
$38,382,000, to be derived from such sums as may be col-
lected in the Central Valley Project Restoration Fund pur-
suant to sections 3407(d), 3404(c)(3), 3405(f ), and
3406(c)(1) of Public Law 102–575, to remain available
until expended: Provided, That the Bureau of Reclamation
is directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized
by section 3407(d) of Public Law 102–575.
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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,
$50,224,000, to be derived from the Reclamation Fund
and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this
Act shall be available for activities or functions budgeted
as policy and administration expenses.
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall
be available for purchase of not to exceed four passenger
motor vehicles for replacement only.
GENERAL PROVISIONS
DEPARTMENT OF THE INTERIOR
SEC. 201. None of the funds appropriated or other-
wise made available by this or any other Act may be used
to pay the salaries and expenses of personnel to purchase
or lease water in the Middle Rio Grande or the Carlsbad
Projects in New Mexico unless said purchase or lease is
in compliance with the purchase requirements of section
202 of Public Law 106–60.
SEC. 202. Funds under this title for Drought Emer-
gency Assistance shall be made available primarily for
leasing of water for specified drought related purposes
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from willing lessors, in compliance with existing State laws
and administered under State water priority allocation.
Such leases may be entered into with an option to pur-
chase: 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.
SEC. 203. Beginning in fiscal year 2001 and there-
after, the Secretary of the Interior shall assess and collect
annually from Central Valley Project (CVP) water and
power contractors the sum of $540,000 (June 2000 price
levels) and remit, without further appropriation, the
amount collected annually to the Trinity Public Utilities
District (TPUD). This assessment shall be payable 70
percent by CVP Preference Power Customers and 30 per-
cent by CVP Water Contractors. The CVP Water Con-
tractor share of this assessment shall be collected by the
Secretary through established Bureau of Reclamation
(Reclamation) Operation and Maintenance ratesetting
practices. The CVP Power Contractor share of this assess-
ment shall be assessed by Reclamation to the Western
Area Power Administration, Sierra Nevada Region (West-
ern), and collected by Western through established power
ratesetting practices.
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SEC. 204. (a) IN GENERAL.—For fiscal year 2001
and each fiscal year thereafter, the Secretary of the Inte-
rior shall continue funding, from power revenues, the ac-
tivities of the Glen Canyon Dam Adaptive Management
Program as authorized by section 1807 of the Grand Can-
yon Protection Act of 1992 (106 Stat. 4672), at not more
than $7,850,000 (October 2000 price level), adjusted in
subsequent years to reflect changes in the Consumer Price
Index for All Urban Consumers published by the Bureau
of Labor Statistics of the Department of Labor.
(b) VOLUNTARY CONTRIBUTIONS.—Nothing in this
section precludes the use of voluntary financial contribu-
tions (except power revenues) to the Adaptive Manage-
ment Program that may be authorized by law.
(c) ACTIVITIES TO BE FUNDED.—The activities to
be funded as provided under subsection (a) include activi-
ties required to meet the requirements of section 1802(a)
and subsections (a) and (b) of section 1805 of the Grand
Canyon Protection Act of 1992 (106 Stat. 4672), includ-
ing the requirements of the Biological Opinion on the Op-
eration of Glen Canyon Dam and activities required by
the Programmatic Agreement on Cultural and Historic
Properties, to the extent that the requirements and activi-
ties are consistent with the Grand Canyon Protection Act
of 1992 (106 Stat. 4672).
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(d) ADDITIONAL FUNDING.—To the extent that
funding under subsection (a) is insufficient to pay the
costs of the monitoring and research and other activities
of the Glen Canyon Dam Adaptive Management Program,
the Secretary of the Interior may use funding from other
sources, including funds appropriated for that purpose. All
such appropriated funds shall be nonreimbursable and
nonreturnable.
SEC. 205. The Secretary of the Interior is authorized
and directed to use not to exceed $1,000,000 of the funds
appropriated under title II to refund amounts received by
the United States as payments for charges assessed by
the Secretary prior to January 1, 1994 for failure to file
certain certification or reporting forms prior to the receipt
of irrigation water, pursuant to sections 206 and 224(c)
of the Reclamation Reform Act of 1982 (96 Stat. 1226,
1272; 43 U.S.C. 390ff, 390ww(c)), including the amount
of associated interest assessed by the Secretary and paid
to the United States pursuant to section 224(i) of the Rec-
lamation Reform Act of 1982 (101 Stat. 1330–268; 43
U.S.C. 390ww(i)).
SEC. 206. CANYON FERRY RESERVOIR, MONTANA.
(a) APPRAISALS.—Section 1004(c)(2)(B) of title X of divi-
sion C of the Omnibus Consolidated and Emergency Sup-
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SEC. 207. Beginning in fiscal year 2000 and there-
after, any amounts provided for the Newlands Water
Rights Fund for purchasing and retiring water rights in
the Newlands Reclamation Project shall be non-reimburs-
able.
SEC. 208. USE
OF
COLORADO-BIG
THOMPSON
PROJECT FACILITIES FOR NONPROJECT WATER. The Sec-
retary of the Interior may enter into contracts with the
city of Loveland, Colorado, or its Water and Power De-
partment or any other agency, public utility, or enterprise
of the city, providing for the use of facilities of the Colo-
rado-Big Thompson Project, Colorado, under the Act of
February 21, 1911 (43 U.S.C. 523), for—
(1) the impounding, storage, and carriage of
nonproject water originating on the eastern slope of
the Rocky Mountains for domestic, municipal, indus-
trial, and other beneficial purposes; and
(2) the exchange of water originating on the
eastern slope of the Rocky Mountains for the pur-
poses specified in paragraph (1), using facilities as-
sociated with the Colorado-Big Thompson Project,
Colorado.
SEC. 209. AMENDMENT
TO IRRIGATION PROJECT
CONTRACT EXTENSION ACT OF 1998. (a) Section 2(a) of
the Irrigation Project Contract Extension Act of 1998,
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Public Law 105–293, is amended by striking the date
‘‘December 31, 2000’’, and inserting in lieu thereof the
date ‘‘December 31, 2003’’; and
(b) Subsection 2(b) of the Irrigation Project Contract
Extension Act of 1998, Public Law 105–293, is amended
by—
(1) striking the phrase ‘‘not to go beyond De-
cember 31, 2001’’, and inserting in lieu thereof the
phrase ‘‘not to go beyond December 31, 2003’’; and
(2) striking the phrase ‘‘terminates prior to De-
cember 31, 2000’’, and inserting in lieu thereof ‘‘ter-
minates prior to December 31, 2003’’.
SEC. 210. Section 202 of Division B, Title I, Chapter
2 of Public Law 106–246 is amended by adding at the
end the following: ‘‘This section shall be effective through
September 30, 2001.’’.
SEC. 211. (a) Section 106 of the San Luis Rey Indian
Water Rights Settlement Act (Public Law 100–675; 102
Stat. 4000 et seq.) is amended by adding at the end the
following new subsection:
‘‘(f ) REQUIREMENT TO FURNISH WATER, POWER
CAPACITY, AND ENERGY.—Notwithstanding any other
provision of law, in order to fulfill the trust responsibility
to the Bands, the Secretary, acting through the Commis-
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sioner of Reclamation, shall permanently furnish annually
the following:
‘‘(1) WATER.—16,000 acre-feet of the water
conserved by the works authorized by title II, for the
benefit of the Bands and the local entities in accord-
ance with the settlement agreement: Provided, That
during construction of said works, the Indian Water
Authority and the local entites shall receive 17 per-
cent of any water conserved by said works up to a
maximum of 16,000 acre-feet per year. The Indian
Water Authority and the local entities shall pay
their proportionate share of such costs as are pro-
vided by section 203(b) of title II or are agreed to
by them.
‘‘(2) POWER CAPACITY AND ENERGY.—Begin-
ning on the date when conserved water from the
works authorized by title II first becomes available,
power capacity and energy through the Yuma Ari-
zona Area Aggregate Power Managers (Yuma Area
Contractors), at no cost and at no further expense
to the United States, the Indian Water Authority,
the Bands, and the local entities, in amounts suffi-
cient to convey the water conserved pursuant to
paragraph (1) from Lake Havasu through the Colo-
rado River Aqueduct and to the places of use on the
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Bands’ reservations or in the local entities’ service
areas in accordance with the settlement agreement.
The Secretary, through a coterminous exhibit to Bu-
reau of Reclamation Contract No. 6–CU–30–P1136,
shall enter into an agreement with the Yuma Area
Contractors which shall provide for furnishing annu-
ally and permanently said power capacity and energy
by said Yuma Area Contractors at no cost and at no
further expense to the United States, the Indian
Water Authority, the Bands, and the local entities.
The Secretary shall authorize the Yuma Area Con-
tractors to utilize Federal project use power pro-
vided for in Bureau of Reclamation Contracts num-
bered 6–CU–30–P1136, 6–CU–30–P1137, and 6–
CU–30–P1138 for the full range of purposes served
by the Yuma Area Contractors, including the pur-
pose of supplying the power capacity and energy to
convey the conserved water referred to in paragraph
(1), for so long as the Yuma Area Contractors meet
their obligation to provide sufficient power capacity
and energy for the conveyance of said conserved
water. If for any reason the Yuma Area Contractors
do not provide said power capacity and energy for
the conveyance of said conserved water, then the
Secretary shall furnish said power capacity and en-
HR 5483 IH1S
ergy annually and permanently at the lowest rate as-
signed to project use power within the jurisdiction of
the Bureau of Reclamation in accordance with Ex-
hibit E ‘Project Use Power’ of the Agreement be-
tween Water and Power Resources Service, Depart-
ment of the Interior, and Western Area Power Ad-
ministration, Department of Energy (March 26,
1980).’’.
(b) Title II of the San Luis Rey Indian Water Rights
Settlement Act (Public Law 100–675; 102 Stat. 4000 et
seq.) is amended by adding at the end the following new
section:
‘‘SEC. 210. ANNUAL REPAYMENT INSTALLMENTS.
‘‘During the period of planning, design, and construc-
tion of the works and during the period that the Indian
Water Authority and the local entities receive up to
16,000 acre-feet of the water conserved by the works, the
annual repayment installments provided in section 102(b)
of the Colorado River Basin Salinity Control Act (Public
Law 93–320; 88 Stat. 268) shall continue to be non-
reimbursable. Nothing in this section shall affect the na-
tional obligation set forth in section 101(c) of such Act.’’.
SEC. 212. (a) DEFINITIONS.—For the purpose of this
section, the term—
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(1) ‘‘Secretary’’ means the Secretary of the In-
terior;
(2) ‘‘Sly Park Unit’’ means the Sly Park Dam
and Reservoir, Camp Creek Diversion Dam and
Tunnel, and conduits and canals as authorized
under the American River Act of October 14, 1949
(63 Stat. 853), including those used to convey, treat,
and store water delivered from Sly Park, as well as
all recreation facilities thereto; and
(3) ‘‘District’’ means the El Dorado Irrigation
District.
(b) IN GENERAL.—The Secretary shall, as soon as
practicable after date of the enactment of this Act and
in accordance with all applicable law, transfer all right,
title, and interest in and to the Sly Park Unit to the Dis-
trict.
(c) SALE PRICE.—The Secretary is authorized to re-
ceive from the District $2,000,000 to relieve payment obli-
gations and extinguish the debt under contract number
14–06–200–949IR3, and $9,500,000 to relieve payment
obligations and extinguish all debts associated with con-
tracts numbered 14–06–200–7734, as amended by con-
tracts numbered 14–06–200–4282A and 14–06–200–
8536A. Notwithstanding the preceding sentence, the Dis-