Energy and Water Development Appropriations Act, 2000
PL 106-60 (H.R.2605), enacted 09/29/1999

PUBLIC LAW 106-60—SEPT. 29, 1999 
113 STAT. 483 
Public Law 106-60 
106th Congress 
An Act 
Making appropriations for energy and water development for the fiscal year ending 
Sept. 29, 1999 
September 30, 2000, and for other purposes. 
[H.E,. 2605] 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, That the Energy and 
following sums are appropriated, out of any money in the Treasury Water 
not otherwise appropriated, for the fiscal year ending September Appropr^tions 
30, 2000, for energy and water development, and for other purposes. Act, 2000. 
namely: 
TITLE I 
DEPARTMENT 
OF 
DEFENSE—CIVIL 
DEPARTMENT 
OF 
THE 
ARMY 
CORPS OF ENGINEERS—CIVIL 
The following appropriations shall be expended under the direc-
tion of the Secretary of the Army and the supervision of the Chief 
of Engineers for authorized civil functions of the Department of 
the Army pertaining to rivers and harbors, flood control, beach 
erosion, and related purposes. 
GENERAL INVESTIGATIONS 
For expenses necessary for the collection and study of basic 
information pertaining to river and harbor, flood control, shore 
protection, and related projects, restudy of authorized projects, mis-
cellaneous investigations, and, when authorized by laws, surveys 
and detailed studies and plans and specifications of projects prior 
to construction, $161,994,000, to remain available until expended: 
Provided, That the Secretary of the Army, acting through the Chief 
of Engineers, is directed to use the remaining unobligated funds 
appropriated in Public Law 102-377 for the Red River Waterway, 
Shreveport, Louisiana, to Daingerfield, Texas, project for the feasi-
bility phase of the Red River Navigation, Southwest Arkansas, 
study. 
CONSTRUCTION, GENERAL 
For the prosecution of river and harbor, flood control, shore 
protection, and related projects authorized by laws; and detailed 
studies, and plans and specifications, of projects (including those 
for development with participation or under consideration for 
113 STAT. 484 
PUBLIC LAW 106-60—SEPT. 29, 1999 
participation by States, local governments, or private groups) 
authorized or made eligible for selection by law (but such studies 
shall not constitute a commitment of the Government to construc-
tion), $1,400,722,000, to remain available until expended, of which 
such sums as are necessary for the Federal share of construction 
costs for facilities under the Dredged Material Disposal Facilities 
program shall be derived from the Harbor Maintenance Trust Fund, 
as authorized by Public Law 104-303; and of which such sums 
as are necessary pursuant to Public Law 99-662 shall be derived 
from the Inland Waterways Trust Fund, for one-half of the costs 
of construction and rehabilitation of inland waterways projects, 
including rehabilitation costs for the Lock and Dam 25, Mississippi 
River, Illinois and Missouri; Lock and Dam 14, Mississippi River, 
Iowa; Lock and Dam 24, Mississippi River, Illinois and Missouri; 
and Lock and Dam 3, Mississippi River, Minnesota; London Locks 
£ind Dam; Kanawha River, West Virginia; and Lock and Dam 12, 
Mississippi River, Iowa, projects; and of which funds are provided 
for the following projects in the amounts specified: 
Indianapolis Central Waterfront, Indiana, $8,000,000; 
Harlan/Clover Fork including grading and landscaping of 
the disposal site at the Harlan floodwall. Pike County, 
Middlesboro, Martin County, Pike County Tug Forks Tribu-
taries, Bell County, Harlan County, and Town of Martin ele-
ments of the Levisa and Tug Forks of the Big Sandy River 
and Upper Cumberland River project in Kentucky, $14,050,000; 
Jackson County, Mississippi, $800,000; 
Natchez Bluff, Mississippi, $2,000,000; 
Passaic 
River 
Streambank 
Restoration, 
New 
Jersey, 
$6,000,000; and 
Upper Mingo County (including Mingo County Tributaries), 
Lower Mingo County (Kermit), Wayne County, and McDowell 
County, elements of the Levisa and Tug Forks of the Big 
Sandy River and Upper Cumberland River project in West 
Virginia, $4,400,000: 
Provided, That no part of any appropriation contained in this Act 
shall be expended or obligated to begin Phase II on the John 
Day Drawdown study or to initiate a study of the drawdown of 
McNary Dam unless authorized by law: Provided further, 
That 
the Secretary of the Army, acting through the Chief of Engineers, 
may use $1,500,000 of fiinding appropriated herein to initiate 
construction of shoreline protection measures at Assateague Island, 
Maryland, subject to execution of an agreement for reimbursement 
Reports. 
by the National Park Service: Provided further. That the Secretary 
of the Army, acting through the Chief of Engineers, may use 
Construction, General funding as directed in Public Law 105-62 
and Public Law 105-245 to initiate construction of an emergency 
outlet fi*om Devils Lake, North Dakota, to the Sheyenne River, 
except that the funds shall not become available unless the Sec-
retary of the Army determines that an emergency (as defined in 
section 102 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5122)) exists with respect to the emer-
gency need for the outlet and reports to Congress that the construc-
tion is technically sound, economically justified, and environ-
mentally acceptable and in compliance with the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.): Provided 
further, 
That the economic justification for the emergency outlet shall be 
PUBLIC LAW 106-60—SEPT. 29, 1999 
113 STAT. 485 
prepared in accordance with the principles and guidehnes for eco-
nomic evaluation as required by regulations and procedures of 
the Army Corps of Engineers for all flood control projects, and 
that the economic justification be fully described, including the 
analysis of the benefits and costs, in the project plan documents: 
Provided further. That the plans for the emergency outlet shall 
be reviewed and, to be effective, shall contain assurances provided 
by the Secretary of State, after consultation with the International 
Joint Commission, that the project will not violate the requirements 
or intent of the Treaty Between the United States and Great 
Britain Relating to Boundary Waters Between the United States 
and Canada, signed at Washington January 11, 1909 (36 Stat. 
2448; TS 548) (commonly known as the "Boundary Waters Treaty 
of 1909"): Provided further, That the Secretary of the Army shall 
submit the final plans and other documents for the emergency 
outlet to Congress: Provided further. That no funds made available 
under this Act or any other Act for any fiscal year may be used 
by the Secretary of the Army to carry out the portion of the 
feasibility study of the Devils Lake Basin, North Dakota, authorized 
under the Energy and Water Development Appropriations Act, 1993 
(Public Law 102-377), that addresses the needs of the area for 
stabilized lake levels through inlet controls, or to otherwise study 
any facility or carry out any activity that would permit the transfer 
of water from the Missouri River Basin into Devils Lake. 
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, 
ILLINOIS, KENTUCKY, 
LOUISIANA, 
MISSISSIPPI, 
MISSOURI, 
AND 
TENNESSEE 
For expenses necessary for prosecuting work of flood control, 
and rescue work, repair, restoration, or maintenance of flood control 
projects threatened or destroyed by flood, as authorized by law 
(33 U.S.C. 702a and 702g-l), $309,416,000, to remain available 
until expended. 
OPERATION AND MAINTENANCE, GENERAL 
For expenses necessary for the preservation, operation, mainte-
nance, and care of existing river and harbor, flood control, and 
related works, including such sums as may be necessary for the 
maintenance of harbor channels provided by a State, municipality 
or other public agency, outside of harbor lines, and serving essential 
needs of general commerce and navigation; surveys and charting 
of northern and northwestern lakes and connecting waters; clearing 
and straightening channels; and removal of obstructions to naviga-
tion, $1,853,618,000, to remain available until expended, of which 
such sums as become available in the Harbor Maintenance Trust 
Fimd, pursuant to Public Law 99-662, may be derived from that 
Fund, and of which such sums as become available fi*om the special 
account established by the Land and Water Conservation Act of 
1965, as amended (16 U.S.C. 4601), may be derived from that 
account for construction, operation, and maintenance of outdoor 
recreation facilities: Provided, That no funds, whether appropriated, 
contributed, or otherwise provided, shall be available to the United 
States Army Corps of Engineers for the purpose of acquiring land 
in Jasper County, South Carolina, in connection with the Savannah 
Harbor navigation project. 
113 STAT. 486 
PUBLIC LAW 106-60—SEPT. 29, 1999 
REGULATORY PROGRAM 
For expenses necessary for administration of laws pertaining 
to regulation of navigable waters and wetlands, $117,000,000, to 
remain available until expended: Provided, That the Secretary of 
the Army, acting through the Chief of Engineers, is directed to 
use $5,000,000 of funds appropriated herein to fully implement 
an administrative appeals process for the Corps of Engineers Regu-
latory Program, which administrative appeals process shall provide 
for a single-level appeal of jurisdictional determinations: Provided 
Reports. 
further, That the Secretary of the Army, acting through the Chief 
of Engineers, shall, using funds provided herein, prepare studies 
and analyses of the impacts on Regulatory Branch workload and 
on cost of compliance by the regulated commiuiity of proposed 
replacement permits for the nationwide permit 26 under section 
404 of the Clean Water Act and shall submit a report based upon 
the aforementioned studies and analyses to the Committees on 
Appropriations of the House and Senate, the Transportation and 
Infrastructure Committee of the House, and the Committee on 
Environment and Public Works of the Senate. 
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 
For expenses necessary to clean up contamination from sites 
throughout the United States resulting from work performed as 
part of the Nation's early atomic energy program, $150,000,000, 
to remain available until expended. 
GENERAL EXPENSES 
For expenses necessary for general administration and related 
functions in the Office of the Chief of Engineers and offices of 
the Division Engineers; activities of the Coastal Engineering 
Research Board, the Humphreys Engineer Center Support Activity, 
the Water Resources Support Center, and headquarters support 
functions at the USACE Finance Center, $149,500,000, to remain 
available until expended: Provided, That no part of any other appro-
priation provided in title I of this Act shall be available to fiind 
the activities of the Office of the Chief of Engineers or the executive 
direction and management activities of the division offices: Provided 
further. That none of these funds shall be available to support 
an office of congressional affairs within the executive office of the 
Chief of Engineers. 
ADMINISTRATIVE PROVISION 
Appropriations in this title shall be available for official recep-
tion and representation expenses (not to exceed $5,000); and during 
the current fiscal year the Revolving Fund, Corps of Engineers, 
shall be available for purchase (not to exceed 100 for replacement 
only) and hire of passenger motor vehicles. 
GENERAL PROVISIONS 
CORPS OF ENGINEERS—CIVIL 
SEC. 101. Notwithstanding any other provisions of law, no 
fully allocated funding policy shall be applied to projects for which 
PUBLIC LAW 106-60—SEPT. 29, 1999 
113 STAT. 487 
funds are identified in the Committee reports accompanying this 
Act under the Construction, General; Operation and Maintenance, 
General; and Flood Control, Mississippi River and Tributaries, 
appropriation accounts: Provided, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to undertake 
these projects using continuing contracts, as authorized in section 
10 of the Rivers and Harbors Act of September 22, 1922 (33 U.S.C. 
621). 
SEC. 102. Agreements proposed for execution by the Assistant 
Secretary of the Army for Civil Works or the United States Army 
Corps of Engineers after the date of the enactment of this Act 
pursuant to section 4 of the Rivers and Harbor Act of 1915, Public 
Law 64-291; section 11 of the River and Harbor Act of 1925, 
Public Law 68-585; the Civil Functions Appropriations Act, 1936, 
Public Law 75-208; section 215 of the Flood Control Act of 1968, 
as amended, PubHc Law 90-483; sections 104, 203, and 204 of 
the Water Resources Development Act of 1986, as amended (Public 
Law 99-662); section 206 of the Water Resources Development 
Act of 1992, as amended, Pubhc Law 102-580; section 211 of the 
Water Resources Development Act of 1996, Public Law 104-303, 
and any other specific project authority, shall be limited to credits 
and reimbursements per project not to exceed $10,000,000 in each 
fiscal year, and total credits and reimbursements for all applicable 
projects not to exceed $50,000,000 in each fiscal year. 
SEC. 103. None of the funds made available in this Act may 
be used to revise the Missouri River Master Water Control Manual 
when it is made known to the Federal entity or official to which 
the funds are made available that such revision provides for an 
increase in the springtime water release program during the spring 
heavy rainfall and snow melt period in States that have rivers 
draining into the Missouri River below the Gavins Point Dam. 
TITLE II 
DEPARTMENT OF THE INTERIOR 
CENTRAL UTAH PROJECT 
CENTRAL UTAH PROJECT COMPLETION ACCOUNT 
For carr3dng out activities authorized by the Central Utah 
Project Completion Act, and for activities related to the Uintah 
and Upalco Units authorized by 43 U.S.C. 620, $38,049,000, to 
remain available until expended, of which $15,476,000 shall be 
deposited into the Utah Reclamation Mitigation and Conservation 
Account: Provided, That of the amounts deposited into that account, 
$5,000,000 shall be considered the Federal contribution authorized 
by paragraph 402(b)(2) of the Central Utah Project Completion 
Act and $10,476,000 shall be available to the Utah Reclamation 
Mitigation and Conservation Commission to carry out activities 
authorized under that Act. 
In addition, for necessary expenses incurred in carrying out 
related responsibilities of the Secretary of the Interior, $1,321,000, 
to remain available until expended. 
113 STAT. 488 
PUBLIC LAW 106-60—SEPT. 29, 1999 
BUREAU OF RECLAMATION 
The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation: 
WATER AND RELATED RESOURCES 
(INCLUDING TRANSFER OF FUNDS) 
For management, development, and restoration of water and 
related natural resources and for related activities, including the 
operation, maintenance and rehabilitation of reclamation and other 
facilities, participation in fulfilling related Federal responsibilities 
to Native Americans, and related grants to, and cooperative and 
other agreements with, State and local governments, Indian tribes, 
and others, $607,927,000, to remain available until expended, of 
which $2,247,000 shall be available for transfer to the Upper Colo-
rado River Basin Fund and $24,089,000 shall be available for 
transfer to the Lower Colorado River Basin Development Fund, 
and of which such amounts as may be necessary may be advanced 
to the Colorado River Dam Fund: Provided, That such transfers 
may be increased or decreased within the overall appropriation 
under this heading: Provided further, That of the total appropriated, 
the amount for program activities that can be financed by the 
Reclamation Fund or the Bureau of Reclamation special fee account 
estabhshed by 16 U.S.C. 4601-6a(i) shall be derived fi-om 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 advsuiced under 
43 U.S.C. 397a shall be credited to this account and are available 
luitil expended for the same purposes as the sums appropriated 
vmder this heading: Provided further, That fiinds available for 
expenditure for the Departmental Irrigation Drainage Program may 
be expended by the Bureau of Reclamation for site remediation 
on a non-reimbursable basis: Provided further. That section 301 
of Public Law 102-250, Reclamation States Emergency Drought 
43 use 2241. 
Relief Act of 1991, as amended by Public Law 104-206, is amended 
further by inserting "1999, and 2000" in Heu of "and 1997": Provided 
further, That the £imount authorized for Indisui municipal, rural, 
and industrial water features by section 10 of Public Law 89-
108, as amended by section 8 of 
Public Law 99-294, section 1701(b) 
of Public Law 102-575, and Public Law 105-245, is increased 
by $1,000,000 (October 1998 prices). 
BUREAU 
OF 
RECLAMATION 
LOAN 
PROGRAM 
ACCOUNT 
For the cost of direct loans and/or grants, $12,000,000, to 
remain available until expended, as authorized by the Smsdl Rec-
lamation Projects Act of August 6, 1956, as amended (43 U.S.C. 
422a-4221): Provided, That such costs, including the cost of modi-
fying such loans, shall be as defined in section 502 of the Congres-
sional Budget Act of 1974, as amended: Provided further. That 
these funds are available to subsidize gross obligations for the 
principal amovmt of direct loans not to exceed $43,000,000. 
In addition, for administrative expenses necessary to carry 
out the program for direct loans and/or grants, $425,000, to remain 
PUBLIC LAW 106-60—SEPT. 29, 1999 
113 STAT. 489 
available until expended: Provided, That of the total sums appro-
priated, the amount of program activities that can be financed 
by the Reclamation Fund shall be derived from that Fund. 
CENTRAL VALLEY PROJECT RESTORATION FUND 
For carrying out the programs, projects, plans, and habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, $42,000,000, to be derived from 
such sums as may be collected in the Central Valley Project Restora-
tion Fund pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 
3406(c)(1) of Public Law 102-575, to remain available until 
expended: Provided, That the Bureau of Reclamation is directed 
to assess and collect the full amount of the additional mitigation 
and restoration payments authorized by section 3407(d) of Public 
Law 102-575. 
CALIFORNIA BAY-DELTA RESTORATION 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Department of the Interior and 
other participating Federal agencies in carrying out ecosystem res-
toration activities pursuant to the California Bay-Delta Environ-
mental Enhancement Act and other activities that are in accord 
with the CALFED Bay-Delta Program, including projects to improve 
water use efficiency, water quality, groundwater and surface stor-
age, levees, conveyance, and watershed management, consistent 
with plans to be approved by the Secretary of the Interior, in 
consultation with such Federal agencies, $60,000,000, to remain 
available until expended, of which $30,000,000 shall be used for 
ecosystem restoration activities and $30,000,000 shall be used for 
such other activities, and of which such amounts as may be nec-
essary to conform with such plans shall be transferred to appro-
priate accounts of such Federal agencies: Provided, That no more 
than $5,000,000 of the funds appropriated herein may be used 
for planning and management activities associated with developing 
the overall CALFED Bay-Delta Program and coordinating its staged 
implementation: Provided further, TTiat funds for ecosystem restora-
tion activities may be obligated only as non-Federal sources provide 
their share in accordance with the cost-sharing agreement required 
under section 1101(d) of such Act, and that funds for such other 
activities may be obligated only as non-Federal sources provide 
their share in a manner consistent with such cost-sharing agree-
ment: Provided further. That such funds may be obligated prior 
to the completion of a final programmatic environmental impact 
statement only if: (1) consistent with 40 CFR 1506.1(c); and (2) 
used for purposes that the Secretary finds are of sufficiently high 
priority to warrant such an expenditure. 
POLICY AND ADMINISTRATION 
For necessary expenses of policy, administration, and related 
functions in the office of the Commissioner, the Denver office, 
and offices in the five regions of the Bureau of Reclamation, to 
remain available until expended, $47,000,000, to be derived from 
the Reclamation Fund and be nonreimbursable as provided in 43 
U.S.C. 377: Provided, That no part of any other appropriation 
69-194-01- 17:QL3Part 1 
113 STAT. 490 
PUBLIC LAW 106-60—SEPT. 29, 1999 
in this Act shall be available for activities or functions budgeted 
as policy and administration expenses. 
ADMINISTRATIVE PROVISIONS 
SEC. 201. Appropriations for the Bureau of Reclamation shall 
be available for purchase of not to exceed six passenger motor 
vehicles for replacement only. 
SEC. 202. Funds under this title for Drought Emergency Assist-
ance shall be made available primarily for leasing of water for 
specified drought related purposes from willing lessors, in compli-
ance with existing State laws and administered under State water 
priority allocation. Such leases may be entered into with an option 
to purchase: Provided, That such purchase is approved by the 
State in which the purchase takes place and the purchase does 
not cause economic harm within the State in which the purchase 
is made. 
TITLE III 
DEPARTMENT OF ENERGY 
ENERGY PROGRAMS 
ENERGY SUPPLY 
(INCLUDING TRANSFER OF FUNDS) 
For Department of Energy expenses including the purchase, 
construction and acquisition of plant and capital equipment, and 
other expenses necessary for energy supply, and uranium supply 
and enrichment activities in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property 
or any facility or for plant or facility acquisition, construction, 
or expansion; and the purchase of not to exceed one passenger 
motor vehicle for replacement only, $644,937,953, of which $820,953 
shall be derived by transfer from the Geothermal Resources 
Development Fund, and of which $5,000,000 shall be derived by 
transfer from the United States Enrichment Corporation Fund. 
NON-DEFENSE ENVIRONMENTAL MANAGEMENT 
For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and 
other expenses necessary for non-defense environmental manage-
ment activities in carr)dng out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), including 
the acquisition or condemnation of any real property or any facility 
or for plant or facility acquisition, construction or expansion, 
$333,618,000, to remain available until expended. 
URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING 
FUND 
For necessary expenses in carrying out uranium enrichment 
facility decontamination and decommissioning, remedial actions euid 
other activities of title II of the Atomic Energy Act of 1954 and 
title X, subtitle A of the Energy Pohcy Act of 1992, $250,198,000, 
PUBLIC LAW 106-60—SEPT. 29, 1999 
113 STAT. 491 
to be derived from the Fund, to remain available until expended: 
Provided, That $30,000,000 of amounts derived from the Fund 
for such expenses shall be available in accordance with title X, 
subtitle A, of the Energy Policy Act of 1992. 
SCIENCE 
For Department of Energy expenses including the purchase, 
construction and acquisition of plant and capital equipment, and 
other expenses necessary for science activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 
7101 et seq.), including the acquisition or condemnation of any 
real property or facility or for plant or facility acquisition, construc-
tion, or expansion, and purchase of not to exceed six passenger 
motor vehicles for replacement only, $2,799,851,000, to remain 
available until expended. 
NUCLEAR WASTE DISPOSAL 
For nuclear waste disposal activities to carry out the purposes 
of Public Law 97-425, as amended, including the acquisition of 
real property or facility construction or expansion, $240,500,000 
to be derived from the Nuclear Waste Fund: Provided, That not 
to exceed $500,000 may be provided to the State of Nevada solely 
for expenditures, other than salaries and expenses of State 
employees, to conduct scientific oversight responsibilities pursuant 
to the Nuclear Waste Policy Act of 1982, (Public Law 97-425) 
as amended: Provided further, That not to exceed $5,432,000 may 
be provided to affected units of local governments, as defined in 
Public Law 97-425, to conduct appropriate activities pursuant to 
the Act: Provided further. That the distribution of the funds as 
determined by the units of local government shall be approved 
by the Department of Energy: Provided further. That the funds 
shall be made available to the State and units of local government 
by direct payment: Provided further, That within 90 days of the Deadline. 
completion of each Federal fiscal year, the State and each local ^®^^^^;, 
entity shall provide certification to the Department of Energy, that 
"^ 
all funds expended from such payments have been expended for 
activities as defined in Public Law 97-425. Failure to provide such 
certification shall cause such entity to be prohibited from any fur-
ther funding provided for similar activities: Provided further, That 
none of the funds herein appropriated may be: (1) used directly 
or indirectly to influence legislative action on any matter pending 
before Congress or a State legislature or for lobbying activity as 
provided in 18 U.S.C. 1913; (2) used for litigation expenses; or 
(3) used to support multi-state efforts or other coalition building 
activities inconsistent with the restrictions contained in this Act. 
DEPARTMENTAL ADMINISTRATION 
For salaries and expenses of the Department of Energy nec-
essary for departmental administration in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 
et seq.), including the hire of passenger motor vehicles and official 
reception and representation expenses (not to exceed $35,000), 
$206,365,000, to remain available until expended, plus such addi-
tional amounts as necessary to cover increases in the estimated 
amount of cost of work for others notwithstanding the provisions 
Certification. 
113 STAT. 492 
PUBLIC LAW 106-60—SEPT. 29, 1999 
of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That 
such increases in cost of work are offset by revenue increases 
of the same or greater amount, to remain available until expended: 
Provided further, That moneys received by the Department for 
miscellaneous revenues estimated to total $106,887,000 in fiscal 
year 2000 may be retained and used for operating expenses within 
this account, and may remain available until expended, as author-
ized by section 201 of Public Law 95-238, notwithstanding the 
provisions of 31 U.S.C. 3302: Provided further. That the sum herein 
appropriated shall be reduced by the amount of miscellaneous reve-
nues received during fiscal year 2000 so as to result in a final 
fiscal year 2000 appropriation from the General Fund estimated 
at not more than $99,478,000. 
OFFICE OF THE INSPECTOR GENERAL 
For necessary expenses of the Office of the Inspector General 
in carrying out the provisions of the Inspector General Act of 
1978, as amended, $29,500,000, to remain available until expended. 
ATOMIC ENERGY DEFENSE ACTIVITIES 
WEAPONS ACTIVITIES 
For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and 
other incidental expenses necessary for atomic energy defense 
weapons activities in carrying out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), including 
the acquisition or condemnation of any real property or any facility 
or for plant or facility acquisition, construction, or expansion; and 
the purchase of passenger motor vehicles (not to exceed three for 
replacement only), $4,443,939,000, to remain available 
until 
expended: Provided, That funding for any ballistic missile defense 
program undertaken by the Department of Energy for the Depart-
ment of Defense shall be provided by the Department of Defense 
according to procedures established for Work for Others by the 
Department of Energy. 
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT 
For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and 
other expenses necessary for atomic energy defense environmental 
restoration and waste management activities in carr3dng out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 
7101 et seq.), including the acquisition or condemnation of any 
real property or any facility or for plant or facility acquisition, 
construction, or expansion; and the purchase of 35 passenger motor 
vehicles for replacement only, $4,484,349,000, to remain available 
until expended: Provided, That any amounts appropriated under 
this heading that are used to provide economic assistance under 
section 15 of the Waste Isolation Pilot Plant Land Withdrawal 
Act (Public Law 102-579) shall be utilized to the extent necessary 
to reimburse costs of financial assurances required of a contractor 
by any permit or license of the Waste Isolation Pilot Plant issued 
by the State of New Mexico. 
PUBLIC LAW 106-60—SEPT. 29, 1999 
113 STAT. 493 
DEFENSE FACILITIES CLOSURE PROJECTS 
For expenses of the Department of Energy to accelerate the 
closure of defense environmental management sites, including the 
purchase, construction and acquisition of plant and capital equip-
ment and other necessary expenses, $1,064,492,000, to remain avail-
able until expended. 
DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION 
For Department of Energy expenses for privatization projects 
necessary for atomic energy defense environmental management 
activities authorized by the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), $189,000,000, to remain available 
until expended. 
OTHER DEFENSE ACTIVITIES 
For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and 
other expenses necessary for atomic energy defense, other defense 
activities, in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition 
or condemnation of any real property or any facility or for plant 
or facility acquisition, construction, or expansion, $1,722,444,000, 
to remain available until expended: Provided, That not to exceed 
$5,000 may be used for official reception and representation 
expenses for transparency, national security and nonproliferation 
activities. 
DEFENSE NUCLEAR WASTE DISPOSAL 
For nuclear waste disposal activities to carry out the purposes 
of Public Law 97-425, as amended, including the acquisition of 
real property or facility construction or expansion, $112,000,000, 
to remain available until expended. 
POWER MARKETING ADMINISTRATIONS 
BONNEVILLE POWER ADMINISTRATION FUND 
Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for the 
Northeast Oregon Hatchery Master Plan, and for official reception 
and representation expenses in an amount not to exceed $1,500. 
During fiscal year 2000, no new direct loan obligations may 
be made. 
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER 
ADMINISTRATION 
For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, 
including transmission wheeling and ancillary services, pursuant 
to the provisions of section 5 of the Flood Control Act of 1944 
(16 U.S.C. 825s), as applied to the southeastern power area, 
$11,594,000; in addition, notwithstanding the provisions of 31 
113 STAT. 494 
PUBLIC LAW 106-60—SEPT. 29, 1999 
U.S.C. 3302, not to exceed $28,000,000 in reimbursements for trans-
mission wheeling and ancillary services and for power purchases, 
to remain available until expended. 
OPERATION AND MAINTENANCE, SOUTHWESTERN POWER 
ADMINISTRATION 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, 
and for construction and acquisition of transmission lines, sub-
stations and appurtenant facilities, and for administrative expenses, 
including official reception and representation expenses in an 
amount not to exceed $1,500 in carrying out the provisions of 
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as 
applied to the southwestern power area, $28,773,000, to remain 
available until expended, of which $773,000 shall be derived by 
transfer from unobligated balances in "Operation and Maintenance, 
Southeastern Power Administration"; in addition, notwithstanding 
the provisions of 31 U.S.C. 3302, not to exceed $4,200,000 in 
reimbursements, to remain available until expended. 
CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE, 
WESTERN AREA POWER ADMINISTRATION 
For canying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and 
other related activities including conservation and renewable 
resources programs as authorized, including official reception and 
representation expenses in an amount not to exceed $1,500, 
$193,357,000, to remain available until expended, of which 
$182,172,000 shall be derived from the Department of the Interior 
Reclamation Fund: Provided, That of the amount herein appro-
priated, $5,036,000 is for deposit into the Utah Reclamation Mitiga-
tion and Conservation Account pursuant to title IV of the Reclama-
tion Projects Authorization and Adjustment Act of 1992. 
FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND 
For operation, maintenance, and emergency costs for the hydro-
electric facilities at the Falcon and Amistad Dams, $1,309,000, 
to remain available until expended, and to be derived from the 
Falcon and Amistad Operating and Maintenance Fund of the 
Western Area Power Administration, as provided in section 423 
of the Foreign Relations Authorization Act, Fiscal Years 1994 and 
1995. 
FEDERAL ENERGY REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Energy Regulatory 
Commission to carry out the provisions of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including services as 
authorized by 5 U.S.C. 3109, the hire of passenger motor vehicles, 
and official reception and representation expenses (not to exceed 
42 use 7171 
$3,000), $174,950,000, to remain available imtil expended: Provided, 
note. 
That notwithstanding any other provision of law, not to exceed 
PUBLIC LAW 106-60—SEPT. 29, 1999 
113 STAT. 495 
$174,950,000 of revenues from fees and annual charges, and other 
services and collections in fiscal year 2000 shall be retained and 
used for necessary expenses in this account, and shall remain 
available until expended: Provided further, That the sum herein 
appropriated from the General Fund shall be reduced as revenues 
are received during fiscal year 2000 so as to result in a final 
fiscal year 2000 appropriation from the General Fund estimated 
at not more than $0. 
GENERAL PROVISIONS 
SEC. 301. (a) None of the funds appropriated by this Act may 
be used to award a management and operating contract unless 
such contract is awarded using competitive procedures or the Sec-
retary of Energy grants, on a case-by-case basis, a waiver to allow 
for such a deviation. The Secretary may not delegate the authority 
to grant such a waiver. 
(b) At least 60 days before a contract award, amendment. Reports. 
or modification for which the Secretary intends to grant such a 
waiver, the Secretary shall submit to the Subcommittees on Energy 
and Water Development of the Committees on Appropriations of 
the House of Representatives and the Senate a report notif3dng 
the subcommittees of the waiver and setting forth the reasons 
for the waiver. 
SEC. 302. (a) None of the funds appropriated by this Act may 
be used to award, amend, or modify a contract in a manner that 
deviates from the Federal Acquisition Regulation, unless the Sec-
retary of Energy grants, on a case-by-case basis, a waiver to allow 
for such a deviation. The Secretary may not delegate the authority 
to grant such a waiver. 
(b) At least 60 days before a contract award, amendment. Reports. 
or modification for which the Secretary intends to grant such a 
waiver, the Secretary shall submit to the Subcommittees on Energy 
and Water Development of the Committees on Appropriations of 
the House of Representatives and the Senate a report notifying 
the subcommittees of the waiver and setting forth the reasons 
for the waiver. 
SEC. 303. None of the funds appropriated by this Act may 
be used to— 
(1) develop or implement a workforce restructuring plan 
that covers employees of the Department of Energy; or 
(2) provide enhanced severance pa5nnents or other benefits 
for employees of the Department of Energy, 
under section 3161 of the National Defense Authorization Act for 
Fiscal Year 1993 (Pubhc Law 102-484; 106 Stat. 2644; 42 U.S.C. 
7274h). 
SEC. 304. None of the funds appropriated by this Act may 
be used to augment the $24,500,000 made available for obligation 
by this Act for severance payments and other benefits and commu-
nity assistance grants under section 3161 of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 
Stat. 2644; 42 U.S.C. 7274h). 
SEC. 305. None of the funds appropriated by this Act may 
be used to prepare or initiate Requests For Proposals (RFPs) for 
a program if the program has not been fiinded by Congress. 
113 STAT. 496 
PUBLIC LAW 106-60—SEPT. 29, 1999 
(TRANSFERS OF UNEXPENDED BALANCES) 
SEC. 306. The unexpended balances of prior appropriations 
provided for activities in this Act may be transferred to appropria-
tion accounts for such activities estabUshed pursuant to this title. 
Balances so transferred may be merged with funds in the applicable 
established accounts and thereafter may be accounted for as one 
fund for the same time period as originally enacted. 
SEC. 307. Notwithstanding 41 U.S.C. 254c(a), the Secretary 
of Energy may use funds appropriated by this Act to enter into 
or continue multi-year contracts for the acquisition of property 
or services under the head, "Energy Supply" without obligating 
the estimated costs associated with any necessary cancellation or 
termination of the contract. The Secretary of Energy may pay 
costs of termination or cancellation from— 
(1) appropriations originally available for the performance 
of the contract concerned; 
(2) appropriations currently available for procurement of 
the t5^e of property or services concerned, £ind not otherwise 
obligated; or 
(3) funds appropriated for those payments. 
SEC. 308. Of the ftmds in this Act provided to government-
owned, contractor-operated laboratories, not to exceed 4 percent 
shall be available to be used for Laboratory Directed Research 
and Development: Provided, That none of the funds in the Environ-
mental Management programs are available for Laboratory Directed 
Research and Development. 
SEC. 309. (a) Of the funds appropriated by this title to the 
Department of Energy, not more than $150,000,000 shall be avail-
able for reimbursement of management and operating contractor 
travel expenses. 
(b) Fimds appropriated by this title to the Department of 
Energy may be used to reimburse a Department of Energy manage-
ment and operating contractor for travel costs of its employees 
under the contract only to the extent that the contractor applies 
to its employees the same rates and amounts as those that apply 
to Federal employees under subchapter I of chapter 57 of title 
5, United States Code, or rates and amounts established by the 
Secretary of Energy. The Secretary of Energy may provide excep-
tions to the reimbursement requirements of this section as the 
Secretary considers appropriate. 
42 use 7257 
SEC. 310. (a) None of the funds in this Act or any future 
i^ote. 
Energy and Water Development Appropriations Act may be 
expended after December 31 of each year under a covered contract 
unless the funds are expended in accordance with a Laboratory 
Fimding Plan that has been approved by the Secretary of Energy. 
Effective date. 
At the beginning of each fiscal year, the Secretary shall issue 
directions to the laboratories for the programs, projects, and activi-
ties to be conducted in that fiscal year. The Secretary and the 
Laboratories shall devise a Laboratory Funding Plan that identifies 
the resources needed to carry out these programs, projects, and 
activities. Funds shall be released to the Laboratories only after 
the Secretary has approved the Laboratory Funding Plan. The 
Secretary of Energy may provide exceptions to this requirement 
as the Secretary considers appropriate. 
PUBLIC LAW 106-60—SEPT. 29, 1999 
113 STAT. 497 
(b) For purposes of this section, "covered contract" meems a 
contract for the management and operation of the following labora-
tories: Argonne National Laboratory, Brookhaven National Labora-
tory, Idaho National Engineering and Environmental Laboratory, 
Lawrence Berkeley National Laboratory, Lawrence Livermore 
National Laboratory, Los Alamos National Laboratory, Oak Ridge 
National Laboratory, Pacific Northwest National Laboratory, and 
Sandia National Laboratories. 
SEC. 311. As part of the Department of Energy's approval 
of laboratory funding for prime contractors responsible for manage-
ment of Department of Energy sites and facilities, the Secretary 
shall review and approve the incentive structure for contractor 
fees, the amounts of award fees to be made available for next 
year, the allowable salaries of first and second tier laboratory 
management, and the overhead expenditures. The Secretary of 
Energy may provide exceptions to this requirement as the Secretary 
considers appropriate. 
SEC. 312. None of the funds provided in this Act may be 
used to establish or maintain independent centers at a Department 
of Energy laboratory or facility unless such funds have been specifi-
cally identified in the budget submission. 
SEC. 313. None of the funds made available in this or any 
other Act may be used to restart the High Flux Beam Reactor. 
SEC. 314. No funds are provided in this Act or any other 
Certification. 
Act for the Administrator of the Bonneville Power Administration 
to enter into any agreement to perform energy efficiency services 
outside the legally defined Bonneville service territory, with the 
exception of services provided internationally, including services 
provided on a reimbursable basis, unless the Administrator certifies 
that such services are not available from private sector businesses. 
SEC. 315. None of the funds in this Act may be used to dispose 
of transuranic waste in the Waste Isolation Pilot Plant which con-
tains concentrations of plutonium in excess of 20 percent by weight 
for the aggregate of any material category on the date of the 
enactment of this Act, or is generated after such date. 
SEC. 316. LIMITING THE INCLUSION OF COSTS OF PROTECTION 
OF, MITIGATION OF DAMAGE TO, AND ENHANCEMENT OF FISH AND 
WILDLIFE, WITHIN RATES CHARGED BY THE BONNEVILLE POWER 
ADMINISTRATION, TO THE RATE PERIOD IN WHICH THE COSTS ARE 
INCURRED. Section 7 of the Pacific Northwest Electric Power Plan-
ning and Conservation Act (16 U.S.C. 839e) is amended by adding 
at the end the following: 
"(n) 
LIMITING THE INCLUSION OF COSTS OF PROTECTION OF. 
MITIGATION OF DAMAGE TO, AND ENHANCEMENT OF FISH AND WILD-
LIFE, WITHIN RATES CHARGED BY THE BONNEVILLE POWER ADMINIS-
TRATION, 
TO 
THE 
RATE 
PERIOD 
IN 
WHICH 
THE 
COSTS 
ARE 
INCURRED.—Notwithstanding any other provision of this section, 
rates established by the Administrator, under this section shall 
recover costs for protection, mitigation and enhancement of fish 
£ind wildlife, whether under the Pacific Northwest Electric Power 
PlEinning and Conservation Act or any other Act, not to exceed 
such amounts the Administrator forecasts will be expended during 
the fiscal year 2002-2006 rate period, while preserving the Adminis-
trator's ability to establish appropriate reserves and maintain a 
high Treasury payment probability for the subsequent rate period.". 
113 STAT. 498 
PUBLIC LAW 106-60—SEPT. 29, 1999 
TITLE IV 
INDEPENDENT AGENCIES 
APPALACHIAN REGIONAL COMMISSION 
40 use app. 401 
For expenses necessary to carry out the programs authorized 
note. 
by the Appalachian Regional Development Act of 1965, as amended, 
for necessary expenses for the Federal Co-Chairman and the alter-
nate on the Appalachian Regional Commission, for payment of 
the Federal share of the administrative expenses of the Commission, 
including services as authorized by 5 U.S.C. 3109, and hire of 
passenger motor vehicles, $66,400,000, to remain available until 
expended. 
DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carr)dng out activities authorized by the Atomic Energy 
Act of 1954, as amended by Public Law 100-456, section 1441, 
$17,000,000, to remain available until expended. 
DENALI COMMISSION 
For expenses of the Denali Commission including the purchase, 
construction and acquisition of plant and capital equipment as 
necessary and other expenses, $20,000,000, to remain available 
until expended. 
NUCLEAR REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Commission in carr5ang out 
the purposes of the Energy Reorganization Act of 1974, as amended, 
and the Atomic Energy Act of 1954, as amended, including official 
representation expenses (not to exceed $15,000), $465,000,000, to 
remain available until expended: Provided, That of the amount 
appropriated herein, $19,150,000 shall be derived from the Nuclear 
Waste Fund: Provided further, That revenues from licensing fees, 
inspection services, and other services and collections estimated 
at $442,000,000 in fiscal year 2000 shall be retained and used 
for necessary salaries and expenses in this account, notwithstanding 
31 U.S.C. 3302, and shall remain available until expended: Provided 
further. That $3,850,000 of the funds herein appropriated for regu-
latory reviews and other assistance provided to the Department 
of Energy and other Federal agencies ^ a l l be excluded from license 
fee revenues, notwithstanding 42 U.S.C. 2214: Provided 
further, 
That the sum herein appropriated shall be reduced by the amount 
of revenues received during fiscal year 2000 so as to result in 
a final fiscal year 2000 appropriation estimated at not more than 
$23,000,000. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
PUBLIC LAW 106-60—SEPT. 29, 1999 
113 STAT. 499 
as amended, $5,000,000, to remain available until expended: Pro-
vided, That the sum herein appropriated shall be reduced by the 
amount of revenues received during fiscal year 2000 so as to result 
in a final fiscal year 2000 appropriation estimated at not more 
than $0. 
NUCLEAR WASTE TECHNICAL REVIEW BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Nuclear Waste Technical Review 
Board, as authorized by section 5051 of Public Law 100-203, 
$2,600,000, to be derived from the Nuclear Waste Fund, and to 
remain available until expended. 
TENNESSEE VALLEY AUTHORITY 
The Tennessee Valley Authority is directed to use up to 
$3,000,000 fi-om previously appropriated funds to pay any necessary 
transition costs for Land Between the Lakes. 
TITLE V—RESCISSIONS 
DEPARTMENT OF DEFENSE—CIVIL 
DEPARTMENT OF THE ARMY 
CORPS OF ENGINEERS—CIVIL 
GENERAL INVESTIGATIONS 
(RESCISSIONS) 
Of the funds made available under this heading in Public 
Law 105-245 and prior Energy £ind Water Development Acts, the 
following amounts are hereby rescinded in the amounts specified: 
Calleguas Creek, California, $271,100; 
San Joaquin, Caliente Creek, California, $155,400; 
Buffalo Small Boat Harbor, New York, $15,100; 
City of Buffalo, New York, $4,000; 
Geneva State Park, Ohio Shoreline Protection, $91,000; 
Clinton River Spillway, Michigan, $50,000; 
Lackawanna River Basin Greenway Corridor, Pennsyl-
vania, $217,900; and 
Red River Waterway, Index, Arkansas, to Denison Dam, 
Texas, $125,000. 
CONSTRUCTION, GENERAL 
(RESCISSIONS) 
Of the funds made available under this heading in Public 
Law 105-245, and prior Energy and Water Development Acts, 
the following amounts are hereby rescinded in the amounts speci-
fied: 
Sacramento 
River 
Flood 
Control 
Project, 
California 
(Deficiency Correction), $1,500,000; 
Melaleuca Quarantine Facility, Florida, $295,000; 
Lake George, Hobart, Indiana, $3,484,000; 
113 STAT. 500 
PUBLIC LAW 106-60—SEPT. 29, 1999 
Anacostia River (Section 1135), Maryland, $1,534,000; 
Sowashee Creek, Meridian, Mississippi, $2,537,000; 
Platte River Flood and Streambank Erosion Control, 
Nebraska, $1,409,000; 
Rochester Harbor, New York, $1,842,000; 
Columbia River, Seafarers Museum, Hammond, Oregon, 
$98,000; and 
Quonset Point, Davisville, Rhode Island, $120,000. 
DEPARTMENT OF ENERGY 
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER 
ADMINISTRATION 
(RESCISSION) 
Of the funds made available under this heading in Public 
Law 105-245 and prior Energy and Water Development Acts, 
$3,000,000, are rescinded. 
NUCLEAR WASTE DISPOSAL 
(RESCISSION) 
Of the funds made available under the heading "Department 
of Energy—Energy Programs—Nuclear Waste Disposal Fund" in 
the Energy and Water Development Appropriations Act, 1998 
(Public Law 105-62), $4,000,000 is rescinded, to be derived from 
the amount specified under such heading for the Nuclear Regulatory 
Commission to license a multi-purpose canister design. 
TITLE VI—GENERAL PROVISIONS 
SEC. 601. None of the funds appropriated by this Act may 
be used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before 
Congress, other than to communicate to Members of Congress as 
described in section 1913 of title 18, United States Code. 
SEC. 602. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND 
PRODUCTS.—It is the sense of the Congress that, to the greatest 
extent practicable, all equipment and products purchased with 
funds made available in this Act should be American-made. 
(b) NOTICE REQUIREMENT.—In providing financial assistance 
to, or entering into any contract with, any entity using funds 
made available in this Act, the head of each Federal agency, to 
the greatest extent practicable, shall provide to such entity a notice 
describing the statement made in subsection (a) by the Congress. 
(c) 
PROHIBITION 
OF 
CONTRACTS 
WITH 
PERSONS 
FALSELY 
LABELING PRODUCTS AS MADE IN AMERICA.—If it has been finally 
determined by a court or Federal agency that any person inten-
tionally affixed a label bearing a "Made in America" inscription, 
or any inscription with the same meaning, to any product sold 
in or shipped to the United States that is not made in the United 
States, the person shall be ineligible to receive any contract or 
subcontract made with funds made available in this Act, pursuant 
to the debarment, suspension, and ineligibility procedures described 
in sections 9.400 through 9.409 of title 48, Code of Federal Regula-
tions. 
PUBLIC LAW 106-60—SEPT. 29, 1999 
113 STAT. 501 
SEC. 603. (a) None of the funds appropriated or otherwise 
made avedlable by this Act may be used to determine the final 
point of discharge for the interceptor drain for the San Luis Unit 
imtil development by the Secretary of the Interior and the State 
of California of a plan, which shall conform to the water quality 
standards of the State of California as approved by the Adminis-
trator of the Environmental Protection Agency, to minimize any 
detrimental effect of the San Luis drainage waters. 
(b) The costs of the Kesterson Reservoir Cleainup Program 
and the costs of the San Joaquin Valley Drainage Progrsim shall 
be classified by the Secretary of the Interior as reimbursable or 
nonreimbursable and collected until fully repaid pursuEUit to the 
"Cleanup 
Program—Alternative 
Repayment 
Flan" 
and 
the 
"SJVDP—^Alternative Repayment Plan" described in the report enti-
tled "Repayment Report, Kesterson Reservoir Cleanup Program 
£uid San Joaquin Valley Drainage Program, February 1995", pre-
pared by the Department of the Interior, Bureau of Reclamation. 
Any future obligations of funds by the United States relating to, 
or providing for, drainage service or drainage studies for the San 
Luis Unit shedl be fully reimbiu-sable by San Luis Unit beneficigiries 
of such service or studies pursuant to Federal Recleimation law. 
SEC. 604. Section 6101(a)(3) of the Omnibus Budget Reconcili-
ation Act of 1990, as amended (42 U.S.C. 2214(aX3)) is amended 
by striking "September 30, 1999" £uid inserting "September 30, 
2000". 
SEC. 605. Title VI, division C, of Public Law 105-277, Making 
Omnibus Consolidated and Emergency Supplemental Appropria-
tions for Fiscal Year 1999, is repealed. 
112 Stat. 
SEC. 606. Section 211(e)(2)(A) of the Water Resources Develop- 2681-660. 
ment Act of 1996 (Public Law 104-303, 110 Stat. 3682) is amended 
33 USC 701b-l3. 
by striking "in advance in appropriations Acts". 
SEC. 607. None of the funds appropriated by this Act shall 
be used to propose or issue rules, regulations, decrees, or orders 
for 
the 
purpose 
of implementation, 
or in prepeiration 
for 
implementation, of the Kyoto Protocol which was adopted on Decem-
ber 11, 1997, in Kyoto, Japan at the Third Conference of the 
Parties to the United Nations Framework Convention on Climate 
Chginge, which has not been submitted to the Senate for advice 
and consent to ratification piu"su£uit to article II, section 2, clause 
2, of the United States Constitution, and which has not entered 
into force pursuant to article 25 of the Protocol. 
SEC. 
608. 
UNITED STATES ENRICHMENT CORPORATION FUND. 
(a) WITHDRAWALS.—Subsections (b) and (c) of section 1 of Public 
Law 105-204 (112 Stat. 681) are amended by striking "fiscal year 
2000" and inserting "fiscal year 2002". 
(b) INVESTMENT OF AMOUNTS IN THE UNITED STATES ENRICH-
MENT CORPORATION FUND.— 
(1) IN GENERAL.—^The Secretary of the Treasury shall invest 
such portion of the United States Enrichment Corporation Fund 
as is not, in the judgment of the Secreteiry, required to meet 
current withdrawals. Investments may be made only in 
interest-bearing obligations of the United States. 
(2) 
ACQUISITION 
OF OBLIGATIONS.—For the purpose of 
investments under paragraph (1), obligations may be acquired— 
(A) on original issue at the issue price; or 
(B) by piirchase of outsteuiding obligations at the mar-
ket price. 
113 STAT. 502 
PUBLIC LAW 106-60—SEPT. 29, 1999 
(3) SALE OF OBLIGATIONS.—^Any obligation acquired by the 
Fund may be sold by the Secretary of the Treasury at the 
market price. 
(4) CREDITS TO FUND.—The interest on, and the proceeds 
from the sale or redemption of, any obligations held in the 
Fund shall be credited to and form a part of the Fund. 
SEC. 609. LAKE CASCADE, (a) DESIGNATION.—The reservoir com-
monly known as the "Cascade Reservoir", created as a result of 
the building of the Cascade Dam authorized by the matter under 
the heading "BUREAU OF RECLAMATION" of the fifth section of the 
Interior Department Appropriation Act, 1942 (55 Stat. 334, chapter 
259) for the Boise Project, Idaho, Payette division, is redesignated 
as "Lake Cascade". 
(b) REFERENCES.—Any reference in any law, regulation, docu-
ment, record, map, or other paper of the United States to "Cascade 
Reservoir" shall be considered to be a reference to "Lake Cascade". 
SEC. 610. Section 4(h)(10)(D) of the Pacific Northwest Electric 
Power Planning and Conservation Act (16 U.S.C. 839b(h)(10)(D)) 
is amended by striking clauses (vii) and (viii) and inserting the 
following: 
"(vii) COST LIMITATION.—The annual cost of this provision shall 
not exceed $500,000 in 1997 dollars.". 
10 use 2701 
SEC. 611. (a) The Secretary of the Army, acting through the 
note. 
Chief of Engineers, in carrying out the program known as the 
Formerly Utilized Sites Remedial Action Program, shall undertake 
the following functions and activities to be performed at eligible 
sites where remediation has not been completed: 
(1) Sampling and assessment of contaminated areas. 
(2) Characterization of site conditions. 
(3) Determination of the nature and extent of contami-
nation. 
(4) Selection of the necessary and appropriate response 
actions as the lead Federal agency. 
(5) Cleanup and closeout of sites. 
(6) Any other fiinctions and activities determined by the 
Secretary of the Army, acting through the Chief of Engineers, 
as necessary for canying out that program, including the 
acquisition of real estate interests where necessary, which may 
be transferred upon completion of remediation to the adminis-
trative jurisdiction of the Secretary of Energy. 
(b) Any response action under that program by the Secretary 
of the Army, acting through the Chief of Engineers, shall be subject 
to the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601 et seq.) (in this section referred 
to as "CERCLA"), and the National Oil and Hazardous Substances 
Pollution Contingency Plan (40 CFR 300). 
(c) Any sums recovered under CERCLA or other authority 
from a liable party, contractor, insurer, surety, or other person 
for any expenditures by the Army Corps of Engineers or the Depart-
ment of Energy for response actions under that program shall 
be credited to the amounts made available to carry out that program 
and shall be available until expended for costs of response actions 
for any eligible site. 
(d) The Secretary of Energy may exercise the authority under 
section 168 of the Atomic Energy Act of 1954 (42 U.S.C. 2208) 
to make payments in lieu of taxes for federally owned property 
at which activities under that program are carried out, regardless 
PUBLIC LAW 106-60—SEPT. 29, 1999 
113 STAT. 503 
of which Federal agency has administrative jurisdiction over the 
property and notwithstanding any reference to "the activities of 
the Commission" in that section. 
(e) This section does not alter, curtail, or limit the authorities, 
functions, or responsibilities of other agencies under CERCLA or, 
except as stated in this section, under the Atomic Energy Act 
of 1954 (42 U.S.C. 2011 et seq.). 
(f) This section shall apply to fiscal year 2000 £uid each Applicability, 
succeeding fiscal year. 
This Act may be cited as the "Energy and Water Development 
Appropriations Act, 2000". 
Approved September 29, 1999. 
LEGISLATIVE HISTORY—H.R. 2605 (S. 1186): 
HOUSE REPORTS: Nos. 106-253 (Comm. on Appropriations) and 106-336 (Comm. 
of Conference). 
SENATE REPORTS: No. 106-58 accompanying S. 1186 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 145 (1999): 
July 27, considered and passed House. 
July 28, considered and passed Senate, amended, in lieu of S. 1186. 
Sept. 27, House agreed to conference report. 
Sept. 28, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999): 
Sept. 29, Presidential statement.