II
Calendar No. 688
106TH CONGRESS
2D SESSION
H.R. 4733
Making appropriations for energy and water development for the fiscal year
ending September 30, 2001, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JUNE 28, 2000
Received; read twice and referred to the Committee on Appropriations
JULY 18, 2000
Reported by Mr. DOMENICI, with an amendment
[Strike all after the enacting clause and insert the part printed in italic]
AN ACT
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; and
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 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), $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, 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
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increases in the number of individual permit applications
and preconstruction notifications related to the new and
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,
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That within 30 days of the enactment of this Act, the Sec-
retary of the Army, acting through the Chief of Engineers,
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
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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
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’’.
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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-
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.
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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.
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-
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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-
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 appropriation
under this heading: Provided further, That of the total ap-
propriated, the amount for program activities that can be
financed by the Reclamation Fund or the Bureau of Rec-
lamation 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
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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 De-
partmental 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 Emer-
gency Drought Relief Act of 1991, as amended, is amend-
ed further by inserting ‘‘2000, and 2001’’ in lieu of ‘‘and
2000’’: Provided further, That the amount authorized for
Minidoka Project North Side Pumping Division, Idaho, by
section
of
Public
Law
81–864,
is
increased
by
$2,805,000: Provided further, That none of the funds ap-
propriated in this Act may be used by the Bureau of Rec-
lamation for closure of the Auburn Dam, California, diver-
sion 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
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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.
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
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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. 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 percent by CVP Preference
Power Customers and 30 percent by CVP Water Contrac-
tors. The CVP Water Contractor share of this assessment
shall be collected by the Secretary through established Bu-
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reau of Reclamation (Reclamation) Operation and Mainte-
nance ratesetting practices. The CVP Power Contractor
share of this assessment shall be assessed by Reclamation
to the Western Area Power Administration, Sierra Nevada
Region (Western), and collected by Western through es-
tablished 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 (in-
creased by $40,000,000) to remain available until ex-
pended: Provided, That, in addition, royalties received to
compensate the Department of Energy for its participa-
tion in the First-Of-A-Kind-Engineering program shall be
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credited to this account to be available until September
30, 2002, for the purposes of Nuclear Energy, Science and
Technology activities.
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.
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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-
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
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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.
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
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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.
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, including conducting a study of
the economic basis of recent gasoline price levels.
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 (reduced
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by $46,000,000), 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-
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.
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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-
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
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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-
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
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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-
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
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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.
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
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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.
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
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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
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-
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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
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.
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SEC. 302. (a) None of the funds appropriated by this
Act may be used to award, amend, or modify a contract
in a manner that deviates from the Federal Acquisition
Regulation, unless the Secretary of Energy grants, on a
case-by-case basis, a waiver to allow for such a deviation.
The Secretary may not delegate the authority to grant
such a waiver.
(b) At least 60 days before a contract award, amend-
ment, or modification for which the Secretary intends to
grant such a waiver, the Secretary shall submit to the
Subcommittees on Energy and Water Development of the
Committees on Appropriations of the House of Represent-
atives and the Senate a report notifying the subcommit-
tees of the waiver and setting forth the reasons for the
waiver.
SEC. 303. None of the funds appropriated by this Act
may be used to—
(1) develop or implement a workforce restruc-
turing plan that covers employees of the Department
of Energy; or
(2) provide enhanced severance payments or
other benefits for employees of the Department of
Energy,
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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 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.
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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.
(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.
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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
expenses of any employee of the United States Govern-
ment.
SEC. 311. Not later than 30 days after the date of
the enactment of this Act, the Secretary of Energy shall
transmit to the Congress a report on activities of the exec-
utive branch to address high gasoline prices and to develop
an overall national energy strategy.
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.
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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.
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
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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.
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–
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203, section 5051, $2,700,000, to be derived from the Nu-
clear Waste Fund, and to remain available until expended.
TITLE V—RESCISSIONS
DEPARTMENT OF ENERGY
INTERIM STORAGE ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
(RESCISSION)
Of the funds appropriated in Public Law 104–46 for
interim storage of nuclear waste, $85,000,000 are trans-
ferred to this heading: Provided, That such amount is
hereby rescinded.
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 commu-
nicate 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 Con-
gress that, to the greatest extent practicable, all equip-
ment and products purchased with funds made available
in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any enti-
ty using funds made available in this Act, the head of each
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Federal agency, to the greatest extent practicable, shall
provide to such entity a notice describing the statement
made in subsection (a) by the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing a ‘‘Made in America’’ inscription, or any inscription
with the same meaning, to any product sold in or shipped
to the United States that is not made in the United
States, the person shall be ineligible to receive any con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
SEC. 603. (a) None of the funds appropriated or oth-
erwise made available by this Act may be used to deter-
mine the final point of discharge for the interceptor drain
for the San Luis Unit until development by the Secretary
of the Interior and the State of California of a plan, which
shall conform to the water quality standards of the State
of California as approved by the Administrator of the En-
vironmental Protection Agency, to minimize any detri-
mental effect of the San Luis drainage waters.
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(b) The costs of the Kesterson Reservoir Cleanup
Program and the costs of the San Joaquin Valley Drain-
age Program shall be classified by the Secretary of the
Interior as reimbursable or nonreimbursable and collected
until fully repaid pursuant to the ‘‘Cleanup Program—
Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter-
native Repayment Plan’’ described in the report entitled
‘‘Repayment Report, Kesterson Reservoir Cleanup Pro-
gram and San Joaquin Valley Drainage Program, Feb-
ruary 1995’’, prepared by the Department of the Interior,
Bureau of Reclamation. Any future obligations of funds
by the United States relating to, or providing for, drainage
service or drainage studies for the San Luis Unit shall
be fully reimbursable by San Luis Unit beneficiaries of
such service or studies pursuant to Federal Reclamation
law.
SEC. 604. Section 6101(a)(3) of the Omnibus Budget
Reconciliation Act of 1990, as amended (42 U.S.C.
2214(a)(3)) is amended by striking ‘‘September 30, 2000’’
and inserting ‘‘September 30, 2001’’.
SEC. 605. None of the funds appropriated by this Act
shall be used to propose or issue rules, regulations, de-
crees, or orders for the purpose of implementation, or in
preparation for implementation, of the Kyoto Protocol
which was adopted on December 11, 1997, in Kyoto,
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Japan at the Third Conference of the Parties to the
United
Nations
Framework
Convention
on
Climate
Change, which has not been submitted to the Senate for
advice and consent to ratification pursuant to article II,
section 2, clause 2, of the United States Constitution, and
which has not entered into force pursuant to article 25
of the Protocol. The limitation established in this section
shall not apply to any activity otherwise authorized by law.
SEC. 606. (a) ENERGY POLICY AND CONSERVATION
ACT AMENDMENTS.—The Energy Policy and Conserva-
tion Act is amended—
(1) by amending section 166 (42 U.S.C. 6246)
to read as follows:
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 166. There are authorized to be appropriated
for fiscal years 2000 through 2003 such sums as may be
necessary to implement this part.’’;
(2) in section 181 (42 U.S.C. 6251) by striking
‘‘March 31, 2000’’ both places it appears and insert-
ing ‘‘September 30, 2003’’; and
(3) in section 281 (42 U.S.C. 6285) by striking
‘‘March 31, 2000’’ both places it appears and insert-
ing ‘‘September 30, 2003’’.
(b) PURCHASE OF OIL FROM MARGINAL WELLS.—
(1)
PURCHASE
OF
OIL
FROM
MARGINAL
WELLS.—Part B of title I of the Energy Policy and
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Conservation Act (42 U.S.C. 6232 et seq.) is amend-
ed by adding the following new section after section
168:
‘‘PURCHASE OF OIL FROM MARGINAL WELLS
‘‘SEC. 169. (a) IN GENERAL.—From amounts au-
thorized under section 166, in any case in which the price
of oil decreases to an amount less than $15.00 per barrel
(an amount equal to the annual average well head price
per barrel for all domestic crude oil), adjusted for infla-
tion, the Secretary may purchase oil from a marginal well
at $15.00 per barrel, adjusted for inflation.
‘‘(b) DEFINITION OF MARGINAL WELL.—The term
‘‘marginal well’’ means a well that—
‘‘(1) has an average daily production of 15 bar-
rels or less;
‘‘(2) has an average daily production of 25 bar-
rels or less with produced water accounting for 95
percent or more of total production; or
‘‘(3) produces heavy oil with an API gravity
less than 20 degrees.’’.
(2) CONFORMING AMENDMENT.—The table of
contents for the Energy Policy and Conservation Act
is amended by inserting after the item relating to
section 168 the following:
‘‘Sec. 169. Purchase of oil from marginal wells.’’.
(c) NORTHEAST HOME HEATING OIL RESERVE.—
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(1) AMENDMENT.—Title I of the Energy Policy
and Conservation Act is amended by—
(A) redesignating part D as part E;
(B) redesignating section 181 as section
191; and
(C) inserting after part C the following
new part D:
‘‘PART D—NORTHEAST HOME HEATING OIL RESERVE
‘‘ESTABLISHMENT
‘‘SEC. 181. (a) Notwithstanding any other provision
of this Act, the Secretary may establish, maintain, and
operate in the Northeast a Northeast Home Heating Oil
Reserve. A Reserve established under this part is not a
component of the Strategic Petroleum Reserve established
under part B of this title. A Reserve established under
this part shall contain no more than 2 million barrels of
petroleum distillate.
‘‘(b) For the purposes of this part—
‘‘(1) the term ‘Northeast’ means the States of
Maine, New Hampshire, Vermont, Massachusetts,
Connecticut, Rhode Island, New York, Pennsylvania,
and New Jersey; and
‘‘(2) the term ‘petroleum distillate’ includes
heating oil and diesel fuel.
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‘‘AUTHORITY
‘‘SEC. 182. To the extent necessary or appropriate
to carry out this part, the Secretary may—
‘‘(1) purchase, contract for, lease, or otherwise
acquire, in whole or in part, storage and related fa-
cilities, and storage services;
‘‘(2) use, lease, maintain, sell, or otherwise dis-
pose of storage and related facilities acquired under
this part;
‘‘(3) acquire by purchase, exchange (including
exchange of petroleum product from the Strategic
Petroleum Reserve or received as royalty from Fed-
eral lands), lease, or otherwise, petroleum distillate
for storage in the Northeast Home Heating Oil Re-
serve;
‘‘(4) store petroleum distillate in facilities not
owned by the United States;
‘‘(5) sell, exchange, or otherwise dispose of pe-
troleum distillate from the Reserve established under
this part; and
‘‘(6) notwithstanding paragraph (5), on terms
the Secretary considers reasonable, sell, exchange, or
otherwise dispose of petroleum distillate from the
Reserve established under this part in order to
maintain the quality or quantity of the petroleum
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distillate in the Reserve or to maintain the oper-
ational capability of the Reserve.
‘‘CONDITIONS FOR RELEASE; PLAN
‘‘SEC. 183. (a) The Secretary may release petroleum
distillate from the Reserve under section 182(5) only in
the event of—
‘‘(1) a severe energy supply disruption;
‘‘(2) a severe price increase; or
‘‘(3) another emergency affecting the North-
east,
which the President determines to merit a release from
the Reserve.
‘‘(b) Within 45 days of the date of the enactment of
this section, the Secretary shall transmit to the President
and, if the President approves, to the Congress a plan
describing—
‘‘(1) the acquisition of storage and related fa-
cilities or storage services for the Reserve;
‘‘(2) the acquisition of petroleum distillate for
storage in the Reserve;
‘‘(3) the anticipated methods of disposition of
petroleum distillate from the Reserve; and
‘‘(4) the estimated costs of establishment, main-
tenance, and operation of the Reserve.
The storage of petroleum distillate in a storage facility
that meets existing environmental requirements is not a
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‘major Federal action significantly affecting the quality of
the human environment’ as that term is used in section
102(2)(C) of the National Environmental Policy Act of
1969.
‘‘NORTHEAST HOME HEATING OIL RESERVE ACCOUNT
‘‘SEC. 184. (a) Upon a decision of the Secretary of
Energy to establish a Reserve under this part, the Sec-
retary of the Treasury shall establish in the Treasury of
the United States an account know as the ‘Northeast
Home Heating Oil Reserve Account’ (referred to in this
section as the ‘Account’).
‘‘(b) The Secretary of the Treasury shall deposit in
the Account any amounts appropriated to the Account and
any receipts from the sale, exchange, or other disposition
of petroleum distillate from the Reserve.
‘‘(c) The Secretary of Energy may obligate amounts
in the Account to carry out activities under this part with-
out the need for further appropriation, and amounts avail-
able to the Secretary of Energy for obligation under this
section shall remain available without fiscal year limita-
tion.
‘‘EXEMPTIONS
‘‘SEC. 185. An action taken under this part—
‘‘(1) is not subject to the rulemaking require-
ments of section 523 of this Act, section 501 of the
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Department of Energy Organization Act, or section
553 of title 5, United States Code; and
‘‘(2) is not subject to laws governing the Fed-
eral procurement of goods and services, including
the Federal Property and Administrative Services
Act of 1949 (including the Competition in Con-
tracting Act) and the Small Business Act.’’.
(2)
AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated such sums
as may be necessary to carry out part D of title I
of the Energy Policy and Conservation Act.
SEC. 607. None of the funds in this Act may be used
to pay the salary of any employee of the Department of
Energy at the Los Alamos National Laboratory who has
failed to undergo a polygraph examination pursuant to
section 3154(e) of Public Law 106–65.
SEC. 608. (a) IN GENERAL.—None of the funds
made available in this Act may be used to pay any basic
pay of an individual who simultaneously holds or carries
out the responsibilities of—
(1) a position within the National Nuclear Se-
curity Administration; and
(2) a position within the Department of Energy
not within the Administration.
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(b) EXCEPTIONS
FOR ADMINISTRATOR
FOR NU-
CLEAR SECURITY
AND DEPUTY ADMINISTRATOR
FOR
NAVAL REACTORS.—The limitation in subsection (a) shall
not apply to the following cases:
(1) The Under Secretary of Energy for Nuclear
Security serving as the Administrator for Nuclear
Security, as provided in section 3212(a)(2) of the
National Nuclear Security Administration Act (50
U.S.C. 2402(a)(2)).
(2) The director of the Naval Nuclear Propul-
sion Program provided for under the Naval Nuclear
Propulsion Executive Order serving as the Deputy
Administrator for Naval Reactors, as provided in
section
3216(a)(1)
of
such
Act
(50
U.S.C.
2406(a)(1)).
This Act may be cited as the ‘‘Energy and Water De-
velopment Appropriations Act, 2001’’.
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 con-
trol, shore protection, and related projects, restudy of au-
thorized projects, miscellaneous investigations, and, when
authorized by laws, surveys and detailed studies and plans
and specifications of projects prior to construction,
$139,219,000, to remain available until expended.
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 participation by States, local
governments, or private groups) authorized or made eligible
for selection by law (but such studies shall not constitute
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a commitment of the Government to construction),
$1,361,449,000, 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 Har-
bor 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 Wa-
terways Trust Fund, for one-half of the costs of construction
and rehabilitation of inland waterways projects, including
rehabilitation costs for the Lock and Dam 24, Mississippi
River, Illinois and Missouri; 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,
$4,000,000;
Jackson County, Mississippi, $2,000,000; 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:
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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, is directed hereafter to use
available Construction, General funds in addition to fund-
ing provided to 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 inserting in lieu
thereof, ‘‘total cost of $15,000,000’’: 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 for additional emergency bank stabilization
measures at Galena, Alaska under the same terms and con-
ditions as previous emergency bank stabilization work un-
dertaken at Galena, Alaska pursuant to Section 116 of Pub-
lic 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 Engineers, is directed to con-
tinue construction of the Brunswick County Beaches, North
Carolina-Ocean Isle Beach portion in accordance with the
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General Reevaluation Report approved by the Chief of En-
gineers on May 15, 1998: Provided further, That the Sec-
retary of the Army, acting through the Chief of Engineers,
is directed to use not to exceed $300,000 of funds appro-
priated herein to reimburse the City of Renton, Washington,
at full Federal expense, for mitigation expenses incurred for
the flood control project constructed pursuant to 33 U.S.C.
701s at Cedar River, City of Renton, Washington, as a re-
sult of over-dredging by the Army Corps of Engineers: Pro-
vided further, That the Secretary of the Army, acting
through the Chief of Engineers, may use Construction, Gen-
eral funding as directed in Public Law 105–62 and Public
Law 105–245 to initiate construction of an emergency out-
let from Devils Lake, North Dakota, to the Sheyenne River,
except that the funds shall not become available unless the
Secretary 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)) ex-
ists with respect to the emergency need for the outlet and
reports to Congress that the construction is technically
sound, economically justified, and environmentally accept-
able, and in compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.): Provided fur-
ther, That the economic justification for the emergency out-
let shall be prepared in accordance with the principles and
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guidelines for economic evaluation as required by regula-
tions 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 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 Be-
tween 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’’): Pro-
vided further, That the Secretary of the Army shall submit
the final plans and other documents for the emergency out-
let to Congress: Provided further, That no funds made avail-
able 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 De-
velopment 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 facil-
HR 4733 RS
ity 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, 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),
$324,450,000, 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, operation,
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 general com-
merce and navigation; surveys and charting of northern
and northwestern lakes and connecting waters; clearing and
straightening channels; and removal of obstructions to navi-
gation, $1,862,471,000, to remain available until expended,
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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 con-
struction, operation, and maintenance of outdoor recreation
facilities: Provided, That the Secretary of the Army, acting
through the Chief of Engineers, from the funds provided
herein for the operation and maintenance of New York Har-
bor, New York, is directed to prepare the necessary docu-
mentation and initiate removal of submerged obstructions
and debris in the area previously marked by the Ambrose
Light Tower in the interest of safe navigation.
REGULATORY PROGRAM
For expenses necessary for administration of laws per-
taining to regulation of navigable waters and wetlands,
$120,000,000, 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 Na-
tionwide Permits, to reflect the Nationwide Permits actu-
ally issued on March 9, 2000, including changes in the acre-
age limits, preconstruction notification requirements and
general conditions between the rule proposed on July 21,
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1999, and the rule promulgated and published in the Fed-
eral Register; (2) after consideration of the cost analysis
for the 1999 proposal to issue and modify nationwide per-
mits 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 Man-
agement 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 replace-
ment permits and general conditions. The Permit Proc-
essing Management Plan shall include specific objective
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 publish in the Federal
Register, an analysis of the performance of its program as
measured against the criteria set out in the Permit Proc-
essing Management Plan; (4) implement a 1-year pilot pro-
gram to publish quarterly on the U.S. Army Corps of Engi-
neer’s Regulatory Program website all Regulatory Analysis
and Management Systems (RAMS) data for the South Pa-
cific Division and North Atlantic Division beginning with-
in 30 days of the enactment of this Act; and (5) publish
in Division Office websites all findings, rulings, and deci-
HR 4733 RS
sions 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 Engi-
neers shall allow any appellant to keep a verbatim record
of the proceedings of the appeals conference under the afore-
mentioned administrative appeals process: Provided fur-
ther, That within 30 days of the enactment of this Act, the
Secretary of the Army, acting through the Chief of Engi-
neers, shall require all U.S. Army Corps of Engineers Divi-
sions 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 the Corps of Engineers, when reporting per-
mit processing times, shall track both the date a permit ap-
plication is first received and the date the application is
considered complete, as well as the reason that the applica-
tion 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 energy pro-
gram, $140,000,000, 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
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offices of the Division Engineers; activities of the Coastal
Engineering Research Board, the Humphreys Engineer
Center Support Activity, the Water Resources Support Cen-
ter, and headquarters support functions at the USACE Fi-
nance Center, $152,000,000, to remain available until ex-
pended: Provided, That no part of any other appropriation
provided in title I of this Act shall be available to fund
the activities of the Office of the Chief of Engineers or the
executive direction and management activities of the divi-
sion 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 head-
quarters to office space in the General Accounting Office
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.