IB
Union Calendar No. 390
106TH CONGRESS
2D SESSION
H. R. 4733
[Report No. 106–693]
Making appropriations for energy and water development for the fiscal year
ending September 30, 2001, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 23, 2000
Mr. PACKARD, from the Committee on Appropriations, reported the following
bill; which was committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
A BILL
Making appropriations for energy and water development
for the fiscal year ending September 30, 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 the
fiscal year ending September 30, 2001, for energy and
water development, 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,
$153,327,000, to remain available until expended: Pro-
vided, That in conducting the Southwest Valley Flood
Damage Reduction, Albuquerque, New Mexico, study, 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 fea-
sibility analysis based on restrictive policies regarding the
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frequency of flooding, the drainage area, and the amount
of runoff.
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),
$1,378,430,000, to remain available until expended, of
which such sums as are necessary for the Federal share
of construction costs for facilities under the Dredged Ma-
terial Disposal Facilities program shall be derived from
the Harbor Maintenance Trust Fund, as authorized by
Public Law 104–303; and of which such sums as are nec-
essary pursuant to Public Law 99–662 shall be derived
from the Inland Waterways Trust Fund, for one-half of
the costs of construction and rehabilitation of inland wa-
terways projects, including rehabilitation costs for the
Lock and Dam 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;
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and of which funds are provided for the following projects
in the amounts specified:
San Timoteo Creek (Santa Ana River Mainstem),
California, $5,000,000;
Indianapolis 
Central 
Waterfront, 
Indiana,
$7,000,000;
Southern 
and 
Eastern 
Kentucky, 
Kentucky,
$4,000,000;
Clover Fork, Middlesboro, Town of Martin, Pike
County (including Levisa Fork and Tug Fork Tribu-
taries), Bell County, Martin County, and Harlan County,
Kentucky, elements of the Levisa and Tug Forks of the
Big Sandy River and Upper Cumberland River, Kentucky,
$19,000,000: Provided, That the Secretary of the Army,
acting through the Chief of Engineers, is directed to pro-
ceed 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, Appendix T of the General Plan of the
Huntington District Commander: Provided further, That
using $900,000 of the funds appropriated herein, the Sec-
retary 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 document entitled Bowie Coun-
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ty Local Flood Protection, Red River, Texas, Project De-
sign Memorandum No. 1, Bowie County Levee, dated
April 1997.
FLOOD
CONTROL,
MISSISSIPPI
RIVER
AND
TRIBU-
TARIES,
ARKANSAS, ILLINOIS, KENTUCKY, LOU-
ISIANA, MISSISSIPPI, 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), $323,350,000, to remain available until expended.
OPERATION AND MAINTENANCE, GENERAL
For expenses necessary for the preservation, oper-
ation, maintenance, and care of existing river and harbor,
flood control, and related works, including such sums as
may be necessary for the maintenance of harbor channels
provided by a State, municipality or other public agency,
outside of harbor lines, and serving essential needs of gen-
eral commerce and navigation; surveys and charting of
northern and northwestern lakes and connecting waters;
clearing and straightening channels; and removal of ob-
structions to navigation, $1,854,000,000, 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
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of which such sums as become available from the special
account established by the Land and Water Conservation
Act of 1965, as amended (16 U.S.C. 460l), may be derived
from that account for construction, operation, and mainte-
nance of outdoor recreation facilities.
REGULATORY PROGRAM
For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$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, revise the report, Cost
Analysis For the 1999 Proposal to Issue and Modify Na-
tionwide Permits, to reflect the Nationwide Permits actu-
ally issued on March 9, 2000, including changes in the
acreage limits, preconstruction notification requirements
and general conditions between the proposed rule and the
rule promulgated and published in the Federal Register;
(2) 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
replacement permits and general conditions so that within
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two years the number of pending individual permits shall
not be greater than the number of said permits pending
at the end of fiscal year 1999. The Permit Processing
Management Plan shall include specific objective criteria
by which the Corps of Engineers progress towards reduc-
ing any permit backlog can be measured; (3) beginning
on December 31, 2001, and at the end of each quarter
thereafter, report to Congress and publish in the Federal
Register, an analysis of the performance of its program
as measured against the criteria set out in the Permit
Processing Management Plan; (4) implement a one-year
pilot program to publish quarterly on the U.S. Army
Corps of Engineer’s Regulatory Program website all Regu-
latory Analysis and Management Systems (RAMS) data
for the South Pacific Division beginning within 30 days
of enactment 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 Corps shall allow any
appellant to keep a verbatim record of the proceedings of
the appeals conference under the aforementioned adminis-
trative appeals process: Provided further, That within 30
days of enactment of this Act, the Secretary of the Army,
acting through the Chief of Engineers, shall require all
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U.S. Army Corps of Engineers Divisions and Districts to
record the date on which a Section 404 individual permit
application or nationwide permit notification is filed with
the Corps of Engineers: Provided further, That ‘‘filed’’
shall mean the date an applicant first submits its applica-
tion or notification to the Corps and not the date the ap-
plication or notification is deemed complete.
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, $149,500,000, to remain
available until expended: Provided, That no part of any
other appropriation provided in title I of this Act shall
be available to fund the activities of the Office of the Chief
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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. 16 U.S.C. 777c(a) is amended in the sec-
ond sentence by striking ‘‘2000’’ and inserting ‘‘2001’’.
SEC. 102. (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 #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.
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
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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.
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, $635,777,000, to remain available until
expended, of which $1,916,000 shall be available for trans-
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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; and of which not to exceed
$200,000 is for financial assistance for the preparation
of cooperative drought contingency plans under Title II
of Public Law 102–250: Provided, That such transfers
may be increased or decreased within the overall appro-
priation 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 ac-
count: Provided further, That funds contributed under 43
U.S.C. 395 are available until expended for the purposes
for which contributed: Provided further, That funds ad-
vanced under 43 U.S.C. 397a shall be credited to this ac-
count and are available until expended for the same pur-
poses as the sums appropriated under this heading: Pro-
vided further, That funds available for expenditure for the
Departmental Irrigation Drainage Program may be ex-
pended by the Bureau of Reclamation for site remediation
on a non-reimbursable basis: Provided further, That sec-
tion 301 of Public Law 102–250, Reclamation States
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Emergency Drought Relief Act of 1991, as amended, is
amended further by inserting ‘‘2000, and 2001’’ in lieu
of ‘‘and 2000’’: Provided further, That the amount author-
ized for Minidoka Project North Side Pumping Division,
Idaho, by section 5 of Public Law 81–864, is increased
by $2,805,000: Provided further, That none of the funds
appropriated in this Act may be used by the Bureau of
Reclamation for closure of the Auburn Dam, California,
diversion tunnel or restoration of the American River
channel through the Auburn Dam construction site.
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
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-
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gram activities that can be financed by the Reclamation
Fund shall be derived from that Fund.
CENTRAL VALLEY PROJECT RESTORATION FUND
For carrying out the programs, projects, plans, and
habitat restoration, improvement, and acquisition provi-
sions of the Central Valley Project Improvement Act,
$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.
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 in this
Act shall be available for activities or functions budgeted
as policy and administration expenses.
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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. The Secretary of the Interior is authorized
to assess and collect annually from Central Valley Project
(CVP) water and power contractors the sum of $540,000
(June 2000 price levels), and to remit that amount annu-
ally to the Trinity Public Utilities District (TPUD). This
assessment shall be payable 70% by CVP Preference
Power Customers and 30% by CVP Water Contractors.
The CVP Water Contractor 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 assessment shall be assessed by Reclamation to the
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Western Area Power Administration, Sierra Nevada Re-
gion (Western), and collected by Western through estab-
lished power ratesetting practices. The authorized amount
collected shall be paid annually to the TPUD.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY SUPPLY
For Department of Energy expenses including the
purchase, construction and acquisition of plant and capital
equipment, and other expenses necessary for energy sup-
ply, and uranium supply and enrichment activities in car-
rying out the purposes of the Department of Energy Orga-
nization Act (42 U.S.C. 7101 et seq.), including the acqui-
sition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expan-
sion; and the purchase of not to exceed 17 passenger
motor vehicles for replacement only, $576,482,000 to re-
main available until expended: Provided, That, in addition,
royalties received to compensate the Department of En-
ergy for its participation in the First-Of-A-Kind-Engineer-
ing program shall be credited to this account to be avail-
able until September 30, 2002, for the purposes of Nu-
clear Energy, Science and Technology activities.
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NON-DEFENSE ENVIRONMENTAL MANAGEMENT
For Department of Energy expenses, including the
purchase, construction and acquisition of plant and capital
equipment and other expenses necessary for non-defense
environmental management activities in carrying out the
purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or con-
demnation of any real property or any facility or for plant
or 
facility 
acquisition, 
construction 
or 
expansion,
$281,001,000, to remain available until expended.
URANIUM FACILITIES MAINTENANCE AND REMEDIATION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to maintain, decontaminate,
decommission, and otherwise remediate uranium proc-
essing facilities, $301,400,000, of which $260,000,000
shall be derived from the Uranium Enrichment Decon-
tamination and Decommissioning Fund and of which
$12,000,000 shall be derived by transfer from the United
States Enrichment Corporation Fund, all of which shall
remain available until expended.
SCIENCE
For Department of Energy expenses including the
purchase, construction and acquisition of plant and capital
equipment, and other expenses necessary for science ac-
tivities in carrying out the purposes of the Department
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of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
cluding the acquisition or condemnation of any real prop-
erty or facility or for plant or facility acquisition, construc-
tion, or expansion, and purchase of not to exceed 58 pas-
senger 
motor 
vehicles 
for 
replacement 
only,
$2,830,915,000, 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, $213,000,000, to remain available until ex-
pended and to be derived from the Nuclear Waste Fund:
Provided, That not to exceed $2,500,000 may be provided
to the State of Nevada solely for expenditures, other than
salaries and expenses of State employees, to conduct sci-
entific oversight responsibilities pursuant to the Nuclear
Waste Policy Act of 1982, Public Law 97–425, as amend-
ed: Provided further, That not to exceed $5,887,000 may
be provided to affected units of local governments, as de-
fined in Public Law 97–425, to conduct appropriate activi-
ties pursuant to the Act: Provided further, That the dis-
tribution of the funds as determined by the units of local
government shall be approved by the Department of En-
ergy: Provided further, That the funds for the State of
Nevada shall be made available solely to the Nevada Divi-
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sion of Emergency Management by direct payment and
units of local government by direct payment: Provided fur-
ther, That within 90 days of the completion of each Fed-
eral fiscal year, the Nevada Division of Emergency Man-
agement and the Governor of the State of Nevada and
each local entity shall provide certification to the Depart-
ment of Energy that all funds expended from such pay-
ments have been expended for activities authorized by
Public Law 97–425 and this Act. Failure to provide such
certification shall cause such entity to be prohibited from
any further funding provided for similar activities: Pro-
vided further, That none of the funds herein appropriated
may be: (1) used directly or indirectly to influence legisla-
tive 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: Provided further, That all proceeds and recoveries
by the Secretary in carrying out activities authorized by
the Nuclear Waste Policy Act of 1982 in Public Law 97–
425, as amended, including but not limited to, any pro-
ceeds from the sale of assets, shall be available without
further appropriation and shall remain available until ex-
pended.
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DEPARTMENTAL ADMINISTRATION
For salaries and expenses of the Department of En-
ergy necessary for departmental administration in car-
rying out the purposes of the Department of Energy Orga-
nization Act (42 U.S.C. 7101 et seq.), including the hire
of passenger motor vehicles and official reception and rep-
resentation 
expenses 
(not 
to 
exceed 
$35,000),
$153,527,000, to remain available until expended, plus
such additional amounts as necessary to cover increases
in the estimated amount of cost of work for others not-
withstanding the provisions of the Anti-Deficiency Act (31
U.S.C. 1511 et seq.): Provided, That such increases in
cost of work are offset by revenue increases of the same
or greater amount, to remain available until expended:
Provided further, That moneys received by the Department
for 
miscellaneous 
revenues 
estimated 
to 
total
$111,000,000 in fiscal year 2001 may be retained and
used for operating expenses within this account, and may
remain available until expended, as authorized by section
201 of Public Law 95–238, notwithstanding the provisions
of 31 U.S.C. 3302: Provided further, That the sum herein
appropriated shall be reduced by the amount of miscella-
neous revenues received during fiscal year 2001 so as to
result in a final fiscal year 2001 appropriation from the
General Fund estimated at not more than $42,527,000.
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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, $31,500,000, to remain
available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY
ADMINISTRATION
WEAPONS ACTIVITIES
For Department of Energy expenses, including the
purchase, construction and acquisition of plant and capital
equipment and other incidental expenses necessary for
atomic energy defense weapons activities in carrying out
the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for
plant or facility acquisition, construction, or expansion;
and the purchase of passenger motor vehicles (not to ex-
ceed 12 for replacement only), $4,625,684,000, to remain
available until October 1, 2003.
DEFENSE NUCLEAR NONPROLIFERATION
For Department of Energy expenses necessary for
atomic energy defense and defense nuclear nonprolifera-
tion activities to carry out the Department of Energy Or-
ganization Act (42 U.S.C. 7101 et seq.), including acquisi-
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tion (by purchase, condemnation, construction, or other-
wise) of real property, plant and capital equipment, facili-
ties, and facility expansion, $861,477,000, to remain
available until October 1, 2003: Provided, That not to ex-
ceed $7,000 may be used for official reception and rep-
resentation expenses for national security and non-
proliferation (including transparency) activities in fiscal
year 2001.
NAVAL REACTORS
For Department of Energy expenses necessary for
naval reactors activities to carry out the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), includ-
ing the acquisition (by purchase, condemnation, construc-
tion, or otherwise) of real property, plant, and capital
equipment, 
facilities, 
and 
facility 
expansion,
$677,600,000, to remain available until expended.
OTHER DEFENSE RELATED ACTIVITIES
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT
For Department of Energy expenses, including the
purchase, construction and acquisition of plant and capital
equipment and other expenses necessary for atomic energy
defense environmental restoration and waste management
activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
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cluding the acquisition or condemnation of any real prop-
erty or any facility or for plant or facility acquisition, con-
struction, or expansion; and the purchase of 30 passenger
motor vehicles for replacement only, $4,522,707,000, 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 con-
tractor by any permit or license of the Waste Isolation
Pilot Plant issued by the State of New Mexico.
DEFENSE FACILITIES CLOSURE PROJECTS
For expenses of the Department of Energy to accel-
erate the closure of defense environmental management
sites, including the purchase, construction and acquisition
of plant and capital equipment and other necessary ex-
penses, $1,082,297,000, to remain available until ex-
pended.
DEFENSE ENVIRONMENTAL MANAGEMENT
PRIVATIZATION
For Department of Energy expenses for privatization
projects necessary for atomic energy defense environ-
mental management activities authorized by the Depart-
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ment of Energy Organization Act (42 U.S.C. 7101 et
seq.), $259,000,000, to remain available until expended.
OTHER DEFENSE ACTIVITIES
For Department of Energy expenses, including the
purchase, construction and acquisition of plant and capital
equipment and other expenses necessary for atomic energy
defense, other defense activities, in carrying out the pur-
poses of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or con-
demnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion,
$592,235,000, to remain available until expended.
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, $200,000,000, to remain available until ex-
pended.
POWER MARKETING ADMINISTRATIONS
BONNEVILLE POWER ADMINISTRATION FUND
Expenditures from the Bonneville Power Administra-
tion Fund, established pursuant to Public Law 93–454,
are approved for the Nez Perce Tribe Resident Fish Sub-
stitution Program, the Cour D’Alene Tribe Trout Produc-
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tion facility, and for official reception and representation
expenses in an amount not to exceed $1,500.
During fiscal year 2001, no new direct loan obliga-
tions 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, $3,900,000, to re-
main available until expended; in addition, notwith-
standing the provisions of 31 U.S.C. 3302, amounts col-
lected by the Southeastern Power Administration pursu-
ant to the Flood Control Act to recover purchase power
and wheeling expenses shall be credited to this account
as offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheel-
ing expenditures as follows: for fiscal year 2001, up to
$34,463,000; for fiscal year 2002, up to $26,463,000; for
fiscal year 2003, up to $20,000,000; and for fiscal year
2004, up to $15,000,000.
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OPERATION AND MAINTENANCE, SOUTHWESTERN
POWER ADMINISTRATION
For necessary expenses of operation and maintenance
of power transmission facilities and of marketing electric
power and energy, and for construction and acquisition of
transmission lines, substations and appurtenant facilities,
and for administrative expenses, including official recep-
tion and representation expenses in an amount not to ex-
ceed $1,500 in carrying out the provisions of section 5
of the Flood Control Act of 1944 (16 U.S.C. 825s), as
applied to the southwestern power area, $28,100,000, to
remain available until expended; in addition, notwith-
standing the provisions of 31 U.S.C. 3302, not to exceed
$4,200,000 in reimbursements, to remain available until
expended: Provided, That amounts collected by the South-
western Power Administration pursuant to the Flood Con-
trol Act to recover purchase power and wheeling expenses
shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose
of making purchase power and wheeling expenditures as
follows: for fiscal year 2001, up to $288,000; for fiscal
year 2002, up to $288,000; for fiscal year 2003, up to
$288,000; and for fiscal year 2004, up to $288,000.
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CONSTRUCTION, 
REHABILITATION, 
OPERATION
AND
MAINTENANCE, WESTERN AREA POWER ADMINIS-
TRATION
For carrying out the functions authorized by title III,
section 302(a)(1)(E) of the Act of August 4, 1977 (42
U.S.C. 7152), and other related activities including con-
servation and renewable resources programs as author-
ized, including official reception and representation ex-
penses in an amount not to exceed $1,500, $160,930,000,
to remain available until expended, of which $154,616,000
shall be derived from the Department of the Interior Rec-
lamation Fund: Provided, That of the amount herein ap-
propriated, $4,036,000 is for deposit into the Utah Rec-
lamation Mitigation and Conservation Account pursuant
to title IV of the Reclamation Projects Authorization and
Adjustment Act of 1992: Provided further, That amounts
collected by the Western Area Power Administration pur-
suant to the Flood Control Act of 1944 and the Reclama-
tion Project Act of 1939 to recover purchase power and
wheeling expenses shall be credited to this account as off-
setting collections, to remain available until expended for
the sole purpose of making purchase power and wheeling
expenditures as follows: for fiscal year 2001, up to
$35,500,000; for fiscal year 2002, up to $33,500,000; for
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fiscal year 2003, up to $30,000,000; and for fiscal year
2004, up to $20,000,000.
FALCON AND AMISTAD OPERATING AND MAINTENANCE
FUND
For operation, maintenance, and emergency costs for
the hydroelectric facilities at the Falcon and Amistad
Dams, $2,670,000, to remain available until expended,
and to be derived from the Falcon and Amistad Operating
and Maintenance Fund of the Western Area Power Ad-
ministration, as provided in section 423 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995.
FEDERAL ENERGY REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Energy Regu-
latory Commission to carry out the provisions of the De-
partment of Energy Organization Act (42 U.S.C. 7101 et
seq.), including services as authorized by 5 U.S.C. 3109,
the hire of passenger motor vehicles, and official reception
and representation expenses (not to exceed $3,000),
$175,200,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law,
not to exceed $175,200,000 of revenues from fees and an-
nual charges, and other services and collections in fiscal
year 2001 shall be retained and used for necessary ex-
penses in this account, and shall remain available until
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expended: Provided further, That the sum herein appro-
priated from the General Fund shall be reduced as reve-
nues are received during fiscal year 2001 so as to result
in a final fiscal year 2001 appropriation from the General
Fund estimated at not more than $0.
GENERAL PROVISIONS
DEPARTMENT OF ENERGY
SEC. 301. (a) None of the funds appropriated by this
Act may be used to award a management and operating
contract unless such contract is awarded using competitive
procedures or the Secretary of Energy grants, on a case-
by-case basis, a waiver to allow for such a deviation. The
Secretary may not delegate the authority to grant such
a waiver.
(b) At least 60 days before a contract award, amend-
ment, or modification for which the Secretary intends to
grant such a waiver, the Secretary shall submit to the
Subcommittees on Energy and Water Development of the
Committees on Appropriations of the House of Represent-
atives and the Senate a report notifying the subcommit-
tees of the waiver and setting forth the reasons for the
waiver.
SEC. 302. (a) None of the funds appropriated by this
Act may be used to award, amend, or modify a contract
in a manner that deviates from the Federal Acquisition
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Regulation, unless the Secretary of Energy grants, on a
case-by-case basis, a waiver to allow for such a deviation.
The Secretary may not delegate the authority to grant
such a waiver.
(b) At least 60 days before a contract award, amend-
ment, or modification for which the Secretary intends to
grant such a waiver, the Secretary shall submit to the
Subcommittees on Energy and Water Development of the
Committees on Appropriations of the House of Represent-
atives and the Senate a report notifying the subcommit-
tees of the waiver and setting forth the reasons for the
waiver.
SEC. 303. None of the funds appropriated by this Act
may be used to—
(1) develop or implement a workforce restruc-
turing plan that covers employees of the Department
of Energy; or
(2) provide enhanced severance payments or
other benefits for employees of the Department of
Energy,
under section 3161 of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat.
2644; 42 U.S.C. 7274h).
SEC. 304. None of the funds appropriated by this Act
may be used to augment the $24,500,000 made available
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for obligation by this Act for severance payments and
other benefits and community assistance grants under sec-
tion 3161 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2644;
42 U.S.C. 7274h).
SEC. 305. None of the funds appropriated by this Act
may be used to prepare or initiate Requests For Proposals
(RFPs) for a program if the program has not been funded
by Congress.
(TRANSFERS OF UNEXPENDED BALANCES)
SEC. 306. The unexpended balances of prior appro-
priations provided for activities in this Act may be trans-
ferred to appropriation accounts for such activities estab-
lished pursuant to this title. Balances so transferred may
be merged with funds in the applicable established ac-
counts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
SEC. 307. Of the funds in this Act provided to gov-
ernment-owned, contractor-operated laboratories, not to
exceed 4 percent shall be available to be used for Labora-
tory Directed Research and Development.
SEC. 308. (a) Of the funds appropriated by this title
to 
the 
Department 
of 
Energy, 
not 
more 
than
$150,000,000 shall be available for reimbursement of
management and operating contractor travel expenses.
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(b) Funds appropriated by this title to the Depart-
ment of Energy may be used to reimburse a Department
of Energy management 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. 309. 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 en-
ergy efficiency services outside the legally defined Bonne-
ville service territory, with the exception of services pro-
vided internationally, including services provided on a re-
imbursable basis, unless the Administrator certifies that
such services are not available from private sector busi-
nesses.
SEC. 310. None of the funds appropriated in this or
any previous Energy and Water Development Appropria-
tion Act for payment into the Department of Energy
Working Capital Fund may be used to pay salaries and
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expenses of any employee of the United States Govern-
ment.
TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs au-
thorized by the Appalachian Regional Development Act of
1965, as amended, for necessary expenses for the Federal
Co-Chairman and the alternate on the Appalachian Re-
gional Commission, for payment of the Federal share of
the administrative expenses of the Commission, including
services as authorized by 5 U.S.C. 3109, and hire of pas-
senger motor vehicles, $63,000,000, to remain available
until expended.
DEFENSE NUCLEAR FACILITIES SAFETY
BOARD
SALARIES AND EXPENSES
For necessary expenses of the Defense Nuclear Fa-
cilities Safety Board in carrying out activities authorized
by the Atomic Energy Act of 1954, as amended by Public
Law 100–456, section 1441, $17,000,000, to remain
available until expended.
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NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Commission in car-
rying out the purposes of the Energy Reorganization Act
of 1974, as amended, and the Atomic Energy Act of 1954,
as amended, including official representation expenses
(not to exceed $15,000), $481,900,000, to remain avail-
able until expended: Provided, That of the amount appro-
priated herein, $21,600,000 shall be derived from the Nu-
clear Waste Fund: Provided further, That revenues from
licensing fees, inspection services, and other services and
collections estimated at $457,100,000 in fiscal year 2001
shall be retained and used for necessary salaries and ex-
penses in this account, notwithstanding 31 U.S.C. 3302,
and shall remain available until expended: Provided fur-
ther, That $3,200,000 of the funds herein appropriated
for regulatory reviews and assistance to other Federal
agencies and States shall be excluded from license fee rev-
enues, 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 2001 so
as to result in a final fiscal year 2001 appropriation esti-
mated at not more than $24,800,000.
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OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $5,500,000, to remain
available until expended: Provided, That revenues from li-
censing fees, inspection services, and other services and
collections estimated at $5,500,000 in fiscal year 2001
shall be retained and be available until expended, for nec-
essary salaries and expenses in this account notwith-
standing 31 U.S.C. 3302: Provided further, That the sum
herein appropriated shall be reduced by the amount of rev-
enues received during fiscal year 2001 so as to result in
a final fiscal year 2001 appropriation estimated at not
more than $0.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
SALARIES AND EXPENSES
For necessary expenses of the Nuclear Waste Tech-
nical Review Board, as authorized by Public Law 100–
203, section 5051, $2,700,000, to be derived from the Nu-
clear Waste Fund, and to remain available until expended.