States that amounts in the Revolving Fund are available for relocating the U.S. Army Corps of Engineers headquarters to office space in the General Accounting Office headquarters building in Washington, D.C.
(Sec. 101) Instructs the Secretary of the Army to enter into an agreement with the City of Grand Prairie, Texas, wherein the City agrees to assume certain contractual responsibilities of the Trinity River Authority of Texas.
(Sec. 102) States that agreements proposed for execution by the Assistant Secretary of the Army for Civil Works or the U.S. Army Corps of Engineers shall be limited to specified credits and reimbursements per project, and total credits and reimbursements for all applicable projects.
(Sec. 103) Authorizes the Secretary of the Army (acting through the Chief of Engineers) to construct the locally preferred plan for flood control, environmental restoration and recreation, Murrieta Creek, California.
(Sec. 104) Bars the use of funds to implement any activity relating to closure or removal of the St. Georges Bridge across the Chesapeake and Delaware Canal, Delaware.
(Sec. 105 ) Directs the Secretary of the Army to provide specified amounts to replace and upgrade the dam which collapsed in Kake, Alaska, in order to provide drinking water and hydroelectricity.
Title II: Department of the Interior - Makes FY 2001 appropriations to the Department of the Interior for: (1) the Central Utah Project; (2) the Bureau of Reclamation, water and related resources; (3) Bureau of Reclamation Loan Program Account; (4) Central Valley Project Restoration Fund; and (5) general administrative expenses.
(Sec. 201) Prohibits the use of appropriated funds 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 such purchase or lease is in compliance with specified statutory purchase requirements.
(Sec. 202) States that Drought Emergency Assistance funds under this title shall be made available primarily for leasing of water from willing lessors for specified drought related purposes subsequent to State approval.
(Sec. 203) Directs the Secretary of the Interior to: (1) assess and collect annually from Central Valley Project water and power contractors specified sums to be remitted to the Trinity Public Utilities District; (2) continue funding from power revenues the activities of the Glen Canyon Dam Adaptive Management Program as authorized by the Grand Canyon Protection Act of 1992; and (3) use up to $1 million to refund specified payments (including the amount of associated interest) to the United States for pre-1994 charges assessed for failure to file certification or reporting forms before receipt of irrigation water under the Reclamation Reform Act of 1982.
(Sec. 206) Amends the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 to require the Canyon Ferry (Montana) Cabin Site appraisal to be consistent with the Universal Appraisal Standards for Federal Land Acquisition. Repeals the repeal of the limitation on reinvestment of interest earned on the principal of the Canyon Ferry-Broadwater County Trust (thus allowing reinvestment of the interest, and its consideration as part of the Trust corpus, only until $3 million, or a lesser amount as offset by in-kind contributions, is deposited as the initial corpus of the Trust).
(Sec. 207) Declares that any amounts provided for the Newlands Water Rights Fund for purchasing and retiring water rights in the Newlands Reclamation Project shall be non-reimbursable as of FY 2000.
(Sec. 208) Authorizes the Secretary of the Interior to enter into contracts with the city of Loveland, Colorado, (and related entities) providing for the use of facilities of the Colorado-Big Thompson Project, Colorado, for specified water uses.
(Sec. 209) Amends the Irrigation Project Contract Extension Act of 1998 to extend from December 31, 2000, to December 31, 2003: (1) certain water service or repayment contracts for the Glendo Unit of the Missouri River Basin Project; and (2) certain contract extensions that are coterminous with a specified cooperative agreement.
(Sec. 210) Amends Federal law to extend through FY 2001 the prohibition on the use of funds to further reallocate Central Arizona Project water until the enactment of legislation authorizing and directing the Secretary of the Interior to make allocations and enter into contracts for the delivery of Project water.
(Sec. 211) Amends the San Luis Rey Indian Water Rights Settlement Act to: (1) require the Secretary of the Interior permanently to furnish annually water, power capacity, and energy through the Yuma Arizona Area Power Managers on behalf of the San Luis Rey Bands and local entities;and (2) provide that certain annual repayment installments under the Colorado River Basin Salinity Control Act shall continue to be non-reimbursable during the period that the Indian Water Authority and the local entities receive specified amounts of water conserved by specified canal works and facilities.
(Sec. 212) Directs the Secretary of the Interior to transfer to the El Dorado Irrigation District, all Federal right, title, and interest in the Sly Park Dam and Reservoir, Camp Creek Diversion Dam and Tunnel, and certain conduits and canals.
Title III: Department of Energy - Makes appropriations to the Department of Energy (DOE) for FY 2001: (1) energy supply programs; (2) non-defense environmental management; (3) uranium facilities maintenance and remediation; (4) general DOE science activities; (5) nuclear waste disposal activities; (6) DOE administration; (7) Office of the Inspector General; (8) atomic energy defense weapons activities (including immediate funds for the National Ignition Facility at Lawrence Livermore National Laboratory); (9) atomic energy defense and defense nuclear nonproliferation activities; (10) naval reactors activities; (11) Office of the Administrator of the National Nuclear Security Administration (NNSA); (12) defense environmental restoration and waste management; (13) defense facilities closure projects; (14) defense environmental management privatization; (15) other DOE defense activities; (16) defense nuclear waste disposal; (17) the various geographical power marketing administrations of DOE (including specified costs for the hydroelectric facilities at the Falcon and Amistad Dams under the Western Area Power Administration); and (18) the Federal Energy Regulatory Commission.
Rescinds specified funds earmarked for: (1) interim storage of nuclear waste; and (2) the Tank Waste Remediation System at Richland, Washington.
(Sec. 301) Prohibits the use of appropriations under this Act to award a management and operating contract unless it is awarded using competitive procedures, or the Secretary of Energy grants a waiver on a case-by-case basis.
Prohibits delegation of such waiver authority.
(Sec. 302) Prohibits the use of appropriations under this Act to: (1) develop or implement a workforce restructuring plan for DOE employees, or to provide them with enhanced severance payments or other benefits (unless the Department of Energy submits a reprogramming request); or (2) prepare or initiate Requests for Proposals for a program that has not been funded by Congress.
(Sec. 306) Declares that no more than six percent of funds provided to government-owned, contractor-operated laboratories shall be available for Laboratory Directed Research and Development.
(Sec. 307) Cites a maximum fund amount for the reimbursement of management and operating contractor travel expenses.
(Sec. 308) Denies any funds for the Administrator of the Bonneville Power Administration to enter into any agreement to perform energy efficiency services outside the Bonneville service territory without certification that such services are not available from private sector businesses.
(Sec. 309) Prohibits the use of funds under this Act to dispose of transuranic waste containing concentrations of plutonium exceeding 20 percent by weight in the Waste Isolation Pilot Plant.
(Sec. 310) Authorizes the NNSA Administrator to authorize the plant manager of a covered nuclear weapons production plant to engage in research, development, and demonstration activities in order to maintain and enhance plant engineering and manufacturing capabilities.
(Sec. 311) Authorizes each Federal Power Marketing Administration to engage in activities and undertake studies and proposals relating to the formation and operation of a regional transmission organization.
(Sec. 312) Makes specified funds available to DOE for interim waste storage activities for Defense Nuclear Waste Disposal upon certification by the Secretary of Energy that the Site Recommendation Report cannot be completed timely without additional funding.
(Sec. 313) Establishes a three-year term of office for the first person appointed as Under Secretary for Nuclear Security of DOE.
(Sec. 314) Amends the National Nuclear Security Administration Act to set forth: (1) the scope of the Secretary of Energy's authority to modify NNSA organization; and (2) a prohibition on the pay of personnel engaged in concurrent service or duties inside and outside the NNSA.
Title IV: Independent Agencies - Makes appropriations for FY 2001 for: (1) the Appalachian Regional Commission; (2) the Defense Nuclear Facilities Safety Board; (3) the Delta Regional Authority; (4) the Denali Commission; (5) the Nuclear Regulatory Commission (NRC); (6) the NRC Office of the Inspector General; and (7) the Nuclear Waste Technical Review Board.
Title V: Fiscal Year 2001 Emergency Appropriations - Makes appropriations for FY 2001 for expenses to remediate damaged DOE facilities and other expenses associated with the Cerro Grande fire.
Mandates that a specified amount of such funds be made available to the Army Corps of Engineers to undertake immediate measures to provide erosion control and sediment protection to sewage lines, trails, and bridges in Pueblo and Los Alamos Canyons downstream of the Diamond Drive in New Mexico.
Authorizes appropriations to implement programs authorized by the Appalachian Regional Development Act of 1965, of which specified amounts are available only to the extent that the President transmits an emergency budget request for them to Congress.
Title VI: General Provisions - Expresses the sense of Congress that all equipment and products bought with funds under this Act should be American-made. Requires each Federal agency to give notice of this policy to any entity to which it provides financial assistance or contracts. Bars contracts funded under this Act from being awarded to any person determined by a court or Federal agency to have falsely labeled products as made in America.
(Sec. 603) Prohibits the use of any funds appropriated or otherwise made available by this Act to determine the final point of discharge for the interceptor drain for the San Luis Unit until the Secretary of the Interior and the State of California have developed a plan, which conforms to California water quality standards approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters.
Directs the Secretary of the Interior to classify the costs of the Kesterson Reservoir Cleanup and the San Joaquin Valley Drainage Programs as reimbursable or nonreimbursable and collected until fully repaid pursuant to the "Cleanup Program--Alternative Repayment Plan" and the "SJVDP--Alternative Repayment Plan" described in a specified report.
(Sec. 604) Prohibits the use of funds appropriated under this Act for: (1) promulgations to implement a certain 1997 Kyoto Protocol regarding climate change which has not been submitted to the Senate for advice and consent to ratification.
(Sec. 605) Extends from FY 2000 to 2009 funding for the Coastal Wetlands Planning, Protection and Restoration Act.
(Sec. 606) Redesignates: (1) a certain "Interstate Sanitation Commission" for New York, New Jersey, and Connecticut as the "Interstate Environmental Commission"; and (2) a certain "Interstate Sanitation District" for those States as the "Interstate Environmental District."
Title VII: Department of the Treasury - Makes a supplemental appropriation for FY 2001 to reduce the public debt.
Title VIII: Nuclear Regulatory Commission - Amends the Omnibus Budget Reconciliation Act of 1990 to extend to September 20, 2005, the authority of the Nuclear Regulatory Commission (NRC) to assess and collect user fees and annual charges.
Revises the formula and percentages used to determine the aggregate amount of annual charges collected from licensees and certificate holders. Reduces the fee recovery requirement from 100 percent to 98 percent in FY 2001 and by yearly increments down to 90 percent in FY 2005.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5483 Introduced in House (IH)]
2d Session
H. R. 5483
Making appropriations for energy and water development for the fiscal
year ending September 30, 2001, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 18, 2000
Mr. Packard introduced the following bill; which was referred to the
Committee on Appropriations
_______________________________________________________________________
A BILL
Making appropriations for energy and water development for the fiscal
year ending September 30, 2001, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for energy and water development for the fiscal year
ending September 30, 2001, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
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,
miscellaneous investigations, and, when authorized by laws, surveys and
detailed studies and plans and specifications of projects prior to
construction, $160,038,000, to remain available until expended:
Provided, That in conducting the Southwest Valley Flood Damage
Reduction Study, Albuquerque, New Mexico, the Secretary of the Army,
acting through the Chief of Engineers, shall include an evaluation of
flood damage reduction measures that would otherwise be excluded from
the feasibility analysis based on policies regarding the frequency of
flooding, the drainage areas, and the amount of runoff: Provided
further, That the Secretary of the Army is directed to use $750,000 of
the funds appropriated herein to continue preconstruction engineering
and design for the Murrieta Creek, California flood protection and
environmental restoration project in accordance with Alternative 6,
based on the Murrieta Creek feasibility report and environmental impact
statement dated June 2000 at a total cost of $90,866,000, with an
estimated Federal cost of $59,063,900 and an estimated non-Federal cost
of $31,803,100.
Construction, General
For the prosecution of river and harbor, flood control, shore
protection, and related projects authorized by laws; and detailed
studies, and plans and specifications, of projects (including those for
development with 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 a
commitment of the Government to construction), $1,717,199,000, to
remain available until expended, of which such sums as are necessary
for the Federal share of construction costs for facilities under the
Dredged 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 12, Mississippi
River, Iowa; Lock and Dam 24, Mississippi River, Illinois and Missouri;
Lock and Dam 3, Mississippi River, Minnesota; and London Locks and Dam,
and Kanawha River, West Virginia, projects; and of which funds are
provided for the following projects in the amounts specified:
Elba, Alabama, $8,400,000;
Geneva, Alabama, $10,800,000;
San Gabriel Basin Groundwater Restoration, California,
$25,000,000;
San Timoteo Creek (Santa Ana River Mainstem), California,
$5,000,000;
Indianapolis Central Waterfront, Indiana, $10,000,000;
Southern and Eastern Kentucky, Kentucky, $4,000,000;
Clover Fork, Middlesboro, City of Cumberland, Town of
Martin, Pike County (including Levisa Fork and Tug Fork
Tributaries), Bell County, Martin County, and Harlan County,
Kentucky, elements of the Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River, Kentucky, $20,000,000:
Provided, That the Secretary of the Army, acting through the
Chief of Engineers, is directed to proceed with planning, engineering,
design and construction of the Town of Martin, Kentucky, element, in
accordance with Plan A as set forth in the preliminary draft Detailed
Project Report, Appendix T of the General Plan of the Huntington
District Commander;
Jackson County, Mississippi, $2,000,000;
Bosque and Leon Rivers, Texas, $4,000,000; and
Upper Mingo County (including Mingo County Tributaries),
Lower Mingo County (Kermit), Wayne County, and McDowell County,
elements of the Levisa and Tug Forks of the Big Sandy River and
Upper Cumberland River project in West Virginia, $4,100,000:
Provided further, That using $900,000 of the funds appropriated herein,
the Secretary of the Army, acting through the Chief of Engineers, is
directed to undertake the Bowie County Levee project, which is defined
as Alternative B Local Sponsor Option, in the Corps of Engineers
document entitled Bowie County Local Flood Protection, Red River,
Texas, Project Design Memorandum No. 1, Bowie County Levee, dated April
1997: Provided further, That no part of any appropriation contained in
this Act shall be expended or obligated to begin Phase II of the John
Day Drawdown study or to initiate a study of the 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 funding
provided in Public Law 104-206 to complete design and construction of
the Red River Regional Visitors Center in the vicinity of Shreveport,
Louisiana at an estimated cost of $6,000,000: Provided further, That
section 101(b)(4) of the Water Resources Development Act of 1996, is
amended by striking ``total cost of $8,600,000'' and inserting ``total
cost of $15,000,000'': Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, is directed to use
$3,000,000 of the funds appropriated herein for additional emergency
bank stabilization measures at Galena, Alaska under the same terms and
conditions as previous emergency bank stabilization work undertaken at
Galena, Alaska pursuant to section 116 of Public Law 99-190: Provided
further, That with $4,200,000 of the funds appropriated herein, the
Secretary of the Army, acting through the Chief of Engineers, is
directed to continue construction of the Brunswick County Beaches,
North Carolina-Ocean Isle Beach portion in accordance with the General
Reevaluation Report approved by the Chief of Engineers on May 15, 1998:
Provided further, That the Secretary of the Army, acting through the
Chief of Engineers, is directed to use not to exceed $300,000 of funds
appropriated herein to 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 result of over-dredging by the Army
Corps of Engineers: Provided further, That $2,000,000 of the funds
appropriated herein shall be available for stabilization and renovation
of Lock and Dam 10, Kentucky River, Kentucky, subject to enactment of
authorization by law: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, is directed to use $3,000,000 of
the funds appropriated herein to initiate construction of a navigation
project at Kaumalapau Harbor, Hawaii: Provided further, That the
Secretary of the Army is directed to use $2,000,000 of the funds
provided herein for Dam Safety and Seepage/Stability Correction Program
to design and construct seepage control features at Waterbury Dam,
Winooski River, Vermont: Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, is directed to design and
construct barge lanes at the Houston-Galveston Navigation Channels,
Texas, project, immediately adjacent to either side of the Houston Ship
Channel, from Bolivar Roads to Morgan Point, to a depth of 12 feet with
prior years' Construction, General carry-over funds: Provided further,
That the Secretary of the Army, acting through the Chief of Engineers,
may use Construction, General funding as directed in Public Law 105-62
and Public Law 105-245 to initiate construction of an emergency outlet
from Devils Lake, North Dakota, to the Sheyenne River, except that the
funds shall not 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)) exists with respect to the emergency need for the outlet and
reports to Congress that the construction is technically sound,
economically justified, and environmentally acceptable, and in
compliance with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.): Provided further, That the economic justification
for the emergency outlet shall be prepared in accordance with the
principles and guidelines for economic 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: Provided further, That within available funds, the Secretary of
the Army, acting through the Chief of Engineers, is directed to
continue construction of the Rio Grand de Manati flood control project
at Barceloneta, Puerto Rico, which was initiated under the authority of
the Section 205 program prior to being specifically authorized in the
Water Resources Development Act of 1999.
flood control, mississippi river and tributaries, arkansas, illinois,
kentucky, louisiana, mississippi, missouri, and tennessee
For expenses necessary for prosecuting work of flood control, and
rescue work, repair, restoration, or maintenance of flood control
projects threatened or destroyed by flood, as authorized by law (33
U.S.C. 702a and 702g-1), $347,731,000, to remain available until
expended: Provided, That the Secretary of the Army is directed to
complete his analysis and determination of Federal maintenance of the
Greenville Inner Harbor, Mississippi navigation 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 commerce and navigation; surveys and charting of
northern and northwestern lakes and connecting waters; clearing and
straightening channels; and removal of obstructions to navigation,
$1,901,959,000, to remain available until expended, of which such sums
as become available in the Harbor Maintenance Trust Fund, pursuant to
Public Law 99-662, may be derived from that Fund, and of which such
sums as become available from the special account established by the
Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l),
may be derived from that account for construction, operation, and
maintenance of outdoor recreation facilities: Provided, That the
Secretary of the Army, acting through the Chief of Engineers, from the
funds provided herein for the operation and maintenance of New York
Harbor, New York, is directed to prepare the necessary documentation
and initiate removal of submerged obstructions and debris in the area
previously marked by the Ambrose Light Tower in the interest of safe
navigation: Provided further, That the Secretary of the Army is
directed to use $500,000 of funds appropriated herein to remove and
reinstall the docks and causeway, in kind, at Astoria East Boat Basin,
Oregon: Provided further, That $500,000 of the funds appropriated
herein for the Ohio River Open Channel, Illinois, Kentucky, Indiana,
Ohio, West Virginia, and Pennsylvania, project, are provided for the
Secretary of the Army, acting through the Chief of Engineers, to dredge
a channel from the mouth of Wheeling Creek to Tunnel Green Park in
Wheeling, West Virginia.
Regulatory Program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $125,000,000, to remain
available until expended: Provided, 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 actually 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 analysis for
the 1999 proposal to issue and modify nationwide permits and the
supplement prepared pursuant to this Act and by September 30, 2001,
prepare, submit to Congress and publish in the Federal Register a
Permit Processing Management Plan by which the Corps of Engineers will
handle the additional work associated with all projected increases in
the number of individual permit applications and preconstruction
notifications related to the new and replacement permits and general
conditions. The Permit Processing 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 Processing Management Plan; (4)
implement 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 enactment of
this Act; and (5) publish in Division Office websites all findings,
rulings, and decisions rendered under the administrative appeals
process for the Corps of Engineers Regulatory Program as established in
Public Law 106-60: Provided further, That, 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 aforementioned administrative appeals process: Provided
further, That within 30 days of the enactment of this Act, the
Secretary 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 notification is filed with the Corps of Engineers:
Provided further, That the Corps of Engineers, when reporting permit
processing times, shall track both the date a permit application is
first received and the date the application is considered 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 energy program, $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 offices of the
Division Engineers; activities of the Coastal Engineering Research
Board, the Humphreys Engineer Center Support Activity, the Water
Resources Support Center, and headquarters support functions at the
USACE Finance Center, $152,000,000, to remain available until expended:
Provided, That no part of any 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 Office headquarters building in
Washington, D.C.
Administrative Provisions
Appropriations in this title shall be available for official
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 passenger motor vehicles.
GENERAL PROVISIONS
Corps of Engineers--Civil
Sec. 101. (a) The Secretary of the Army shall enter into an
agreement with the City of Grand Prairie, Texas, wherein the City
agrees to assume all of the responsibilities of the Trinity River
Authority of Texas under Contract No. DACW63-76-C-0166, other than
financial responsibilities, except as provided for in subsection (c) of
this section. The Trinity River Authority shall be relieved of all of
its financial responsibilities under the Contract as of the date the
Secretary of the Army enters into the agreement with the City.
(b) In consideration of the agreement referred to in subsection
(a), the City shall pay the Federal Government a total of $4,290,000 in
two installments, one in the amount of $2,150,000, which shall be due
and payable no later than December 1, 2000, and one in the amount of
$2,140,000, which shall be due and payable no later than December 1,
2003.
(c) The agreement executed pursuant to subsection (a) shall include
a provision requiring the City to assume all costs associated with
operation and maintenance of the recreation facilities included in the
Contract referred to in that subsection.
Sec. 102. Agreements proposed for execution by the Assistant
Secretary of the Army for Civil Works or the United States Army Corps
of Engineers after the date of the enactment of this Act pursuant to
section 4 of the Rivers and Harbor Act of 1915, Public Law 64-291;
section 11 of the River and Harbor Act of 1925, Public Law 68-585; the
Civil Functions Appropriations Act, 1936, Public Law 75-208; section
215 of the Flood Control Act of 1968, as amended, Public Law 90-483;
sections 104, 203, and 204 of the Water Resources Development Act of
1986, as amended (Public Law 99-662); section 206 of the Water
Resources Development Act of 1992, as amended, Public Law 102-580;
section 211 of the Water Resources Development Act of 1996, Public Law
104-303, and any other specific project authority, shall be limited to
credits and reimbursements per project not to exceed $10,000,000 in
each fiscal year, and total credits and reimbursements for all
applicable projects not to exceed $50,000,000 in each fiscal year.
Sec. 103. The Secretary of the Army, acting through the Chief of
Engineers, is authorized to construct the locally preferred plan for
flood control, environmental restoration and recreation, Murrieta
Creek, California, described as Alternative 6, based on the Murrieta
Creek Feasibility Report and Environmental Impact Statement dated
October 2000, at a total cost of $89,850,000 with an estimated Federal
cost of $57,735,000 and an estimated non-Federal cost of $32,115,000.
Sec. 104. St. Georges Bridge, Delaware. None of the funds made
available by this Act may be used to carry out any activity relating to
closure or removal of the St. Georges Bridge across the Chesapeake and
Delaware Canal, Delaware, including a hearing or any other activity
relating to preparation of an environmental impact statement concerning
the closure or removal.
Sec. 105. Within available funds under title I, the Secretary of
the Army, acting through the Chief of Engineers, shall provide up to
$7,000,000 to replace and upgrade the dam in Kake, Alaska which
collapsed July 2000, to provide drinking water and hydroelectricity.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $38,724,000, to remain available until expended, of
which $19,158,000 shall be deposited into the Utah Reclamation
Mitigation and 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 $14,158,000 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, $1,216,000,
to remain available until expended.
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,
$678,450,000, to remain available until expended, of which $1,916,000
shall be available for transfer 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 Colorado River Dam Fund; of which $16,000,000
shall be for on-reservation water development, feasibility studies, and
related administrative costs under Public Law 106-163; of which not
more than 25 percent of the amount provided for drought emergency
assistance may be used for financial assistance for the preparation of
cooperative drought contingency plans under title II of Public Law 102-
250; and of which not more than $500,000 is for high priority projects
which shall be carried out by the Youth Conservation Corps, as
authorized by 16 U.S.C. 1706: Provided, That such transfers may be
increased or decreased within the overall appropriation under this
heading: Provided further, That of the total appropriated, the amount
for program activities that can be financed by the Reclamation Fund or
the Bureau of Reclamation special fee account established by 16 U.S.C.
460l-6a(i) shall be derived from that Fund or account: Provided
further, That funds contributed under 43 U.S.C. 395 are available until
expended for the purposes for which contributed: Provided further, That
funds advanced under 43 U.S.C. 397a shall be credited to this account
and are available until expended for the same purposes as the sums
appropriated under this heading: Provided further, That funds available
for expenditure for the Departmental Irrigation Drainage Program may be
expended by the Bureau of Reclamation for site remediation on a non-
reimbursable basis: Provided further, That section 301 of Public Law
102-250, Reclamation States Emergency Drought Relief Act of 1991, as
amended, is amended further by inserting ``2000, and 2001'' in lieu of
``and 2000'': Provided further, That the amount authorized for Indian
municipal, rural, and industrial water features by section 10 of Public
Law 89-108, as amended by section 8 of Public Law 99-294, section
1701(b) of Public Law 102-575, Public Law 105-245, and Public Law 106-
60 is increased by $2,000,000 (October 1998 prices): Provided further,
That the amount authorized for Minidoka Project North Side Pumping
Division, Idaho, by section 5 of Public Law 81-864, is increased by
$2,805,000: Provided further, That the Reclamation Safety of Dams Act
of 1978 (43 U.S.C. 509) is amended as follows: (1) by inserting in
section 4(c) after ``1984,'' and before ``costs'' the following: ``and
the additional $95,000,000 further authorized to be appropriated by
amendments to that Act in 2000,''; (2) by inserting in section 5 after
``levels),'' and before ``plus'' the following: ``and, effective
October 1, 2000, not to exceed an additional $95,000,000 (October 1,
2000, price levels),''; and (3) by striking ``sixty days (which'' and
all that follows through ``day certain)'' and inserting in lieu thereof
``30 calendar days''.
bureau of reclamation loan program account
For the cost of direct loans and/or grants, $8,944,000, to remain
available until expended, as authorized by the Small Reclamation
Projects Act of August 6, 1956, as amended (43 U.S.C. 422a-422l):
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are available to
subsidize gross obligations for the principal amount of direct loans
not to exceed $27,000,000.
In addition, for administrative expenses necessary to carry out the
program for direct loans and/or grants, $425,000, to remain available
until expended: Provided, That of the total sums appropriated, the
amount of 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, $38,382,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration 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.
policy and administration
For necessary expenses of policy, administration, and related
functions in the office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until expended, $50,224,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed four passenger motor vehicles for replacement
only.
GENERAL PROVISIONS
DEPARTMENT OF THE INTERIOR
Sec. 201. None of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the salaries and
expenses of personnel to purchase or lease water in the Middle Rio
Grande or the Carlsbad Projects in New Mexico unless said purchase or
lease is in compliance with the purchase requirements of section 202 of
Public Law 106-60.
Sec. 202. Funds under this title for Drought Emergency Assistance
shall be made available primarily for leasing of water for specified
drought related purposes from willing lessors, in compliance with
existing State laws and administered under State water priority
allocation. Such leases may be entered into with an option to 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.
Sec. 203. Beginning in fiscal year 2001 and thereafter, the
Secretary of the Interior shall assess and collect annually from
Central Valley Project (CVP) water and power contractors the sum of
$540,000 (June 2000 price levels) and remit, without further
appropriation, the amount collected annually to the Trinity Public
Utilities District (TPUD). This assessment shall be payable 70 percent
by CVP Preference Power Customers and 30 percent by CVP Water
Contractors. The CVP Water Contractor share of this assessment shall be
collected by the Secretary through established Bureau of Reclamation
(Reclamation) Operation and Maintenance ratesetting practices. The CVP
Power Contractor share of this assessment shall be assessed by
Reclamation to the Western Area Power Administration, Sierra Nevada
Region (Western), and collected by Western through established power
ratesetting practices.
Sec. 204. (a) In General.--For fiscal year 2001 and each fiscal
year thereafter, the Secretary of the Interior shall continue funding,
from power revenues, the activities of the Glen Canyon Dam Adaptive
Management Program as authorized by section 1807 of the Grand Canyon
Protection Act of 1992 (106 Stat. 4672), at not more than $7,850,000
(October 2000 price level), adjusted in subsequent years to reflect
changes in the Consumer Price Index for All Urban Consumers published
by the Bureau of Labor Statistics of the Department of Labor.
(b) Voluntary Contributions.--Nothing in this section precludes the
use of voluntary financial contributions (except power revenues) to the
Adaptive Management Program that may be authorized by law.
(c) Activities To Be Funded.--The activities to be funded as
provided under subsection (a) include activities required to meet the
requirements of section 1802(a) and subsections (a) and (b) of section
1805 of the Grand Canyon Protection Act of 1992 (106 Stat. 4672),
including the requirements of the Biological Opinion on the Operation
of Glen Canyon Dam and activities required by the Programmatic
Agreement on Cultural and Historic Properties, to the extent that the
requirements and activities are consistent with the Grand Canyon
Protection Act of 1992 (106 Stat. 4672).
(d) Additional Funding.--To the extent that funding under
subsection (a) is insufficient to pay the costs of the monitoring and
research and other activities of the Glen Canyon Dam Adaptive
Management Program, the Secretary of the Interior may use funding from
other sources, including funds appropriated for that purpose. All such
appropriated funds shall be nonreimbursable and nonreturnable.
Sec. 205. The Secretary of the Interior is authorized and directed
to use not to exceed $1,000,000 of the funds appropriated under title
II to refund amounts received by the United States as payments for
charges assessed by the Secretary prior to January 1, 1994 for failure
to file certain certification or reporting forms prior to the receipt
of irrigation water, pursuant to sections 206 and 224(c) of the
Reclamation Reform Act of 1982 (96 Stat. 1226, 1272; 43 U.S.C. 390ff,
390ww(c)), including the amount of associated interest assessed by the
Secretary and paid to the United States pursuant to section 224(i) of
the Reclamation Reform Act of 1982 (101 Stat. 1330-268; 43 U.S.C.
390ww(i)).
Sec. 206. Canyon Ferry Reservoir, Montana. (a) Appraisals.--Section
1004(c)(2)(B) of title X of division C of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 (112 Stat. 2681-713;
113 Stat. 1501A-307) is amended--
(1) in clause (i), by striking ``be based on'' and
inserting ``use'';
(2) in clause (vi), by striking ``Notwithstanding any other
provision of law,'' and inserting ``To the extent consistent
with the Uniform Appraisal Standards for Federal Land
Acquisition,''; and
(3) by adding at the end the following:
``(vii) Applicability.--This subparagraph shall apply to
the extent that its application is practicable and consistent
with the Uniform Appraisal Standards for Federal Land
Acquisition.''.
(b) Timing.--Section 1004(f)(2) of title X of division C of the
Omnibus Consolidated and Emergency Supplemental Appropriations Act,
1999 (112 Stat. 2681-714; 113 Stat. 1501A-308) is amended by inserting
after ``Act,'' the following: ``in accordance with all applicable
law,''.
(c) Interest.--Section 1008(b) of title X of division C of the
Omnibus Consolidated and Emergency Supplemental Appropriations Act,
1999 (112 Stat. 2681-717; 113 Stat. 1501A-310) is amended by striking
paragraph (4).
Sec. 207. Beginning in fiscal year 2000 and thereafter, any amounts
provided for the Newlands Water Rights Fund for purchasing and retiring
water rights in the Newlands Reclamation Project shall be non-
reimbursable.
Sec. 208. Use of Colorado-Big Thompson Project Facilities for
Nonproject Water. The Secretary of the Interior may enter into
contracts with the city of Loveland, Colorado, or its Water and Power
Department or any other agency, public utility, or enterprise of the
city, providing for the use of facilities of the Colorado-Big Thompson
Project, Colorado, under the Act of February 21, 1911 (43 U.S.C. 523),
for--
(1) the impounding, storage, and carriage of nonproject
water originating on the eastern slope of the Rocky Mountains
for domestic, municipal, industrial, and other beneficial
purposes; and
(2) the exchange of water originating on the eastern slope
of the Rocky Mountains for the purposes specified in paragraph
(1), using facilities associated with the Colorado-Big Thompson
Project, Colorado.
Sec. 209. Amendment to Irrigation Project Contract Extension Act of
1998. (a) Section 2(a) of the Irrigation Project Contract Extension Act
of 1998, Public Law 105-293, is amended by striking the date ``December
31, 2000'', and inserting in lieu thereof the date ``December 31,
2003''; and
(b) Subsection 2(b) of the Irrigation Project Contract Extension
Act of 1998, Public Law 105-293, is amended by--
(1) striking the phrase ``not to go beyond December 31,
2001'', and inserting in lieu thereof the phrase ``not to go
beyond December 31, 2003''; and
(2) striking the phrase ``terminates prior to December 31,
2000'', and inserting in lieu thereof ``terminates prior to
December 31, 2003''.
Sec. 210. Section 202 of Division B, Title I, Chapter 2 of Public
Law 106-246 is amended by adding at the end the following: ``This
section shall be effective through September 30, 2001.''.
Sec. 211. (a) Section 106 of the San Luis Rey Indian Water Rights
Settlement Act (Public Law 100-675; 102 Stat. 4000 et seq.) is amended
by adding at the end the following new subsection:
``(f) Requirement To Furnish Water, Power Capacity, and Energy.--
Notwithstanding any other provision of law, in order to fulfill the
trust responsibility to the Bands, the Secretary, acting through the
Commissioner of Reclamation, shall permanently furnish annually the
following:
``(1) Water.--16,000 acre-feet of the water conserved by
the works authorized by title II, for the benefit of the Bands
and the local entities in accordance with the settlement
agreement: Provided, That during construction of said works,
the Indian Water Authority and the local entites shall receive
17 percent of any water conserved by said works up to a maximum
of 16,000 acre-feet per year. The Indian Water Authority and
the local entities shall pay their proportionate share of such
costs as are provided by section 203(b) of title II or are
agreed to by them.
``(2) Power capacity and energy.--Beginning on the date
when conserved water from the works authorized by title II
first becomes available, power capacity and energy through the
Yuma Arizona Area Aggregate Power Managers (Yuma Area
Contractors), at no cost and at no further expense to the
United States, the Indian Water Authority, the Bands, and the
local entities, in amounts sufficient to convey the water
conserved pursuant to paragraph (1) from Lake Havasu through
the Colorado River Aqueduct and to the places of use on the
Bands' reservations or in the local entities' service areas in
accordance with the settlement agreement. The Secretary,
through a coterminous exhibit to Bureau of Reclamation Contract
No. 6-CU-30-P1136, shall enter into an agreement with the Yuma
Area Contractors which shall provide for furnishing annually
and permanently said power capacity and energy by said Yuma
Area Contractors at no cost and at no further expense to the
United States, the Indian Water Authority, the Bands, and the
local entities. The Secretary shall authorize the Yuma Area
Contractors to utilize Federal project use power provided for
in Bureau of Reclamation Contracts numbered 6-CU-30-P1136, 6-
CU-30-P1137, and 6-CU-30-P1138 for the full range of purposes
served by the Yuma Area Contractors, including the purpose of
supplying the power capacity and energy to convey the conserved
water referred to in paragraph (1), for so long as the Yuma
Area Contractors meet their obligation to provide sufficient
power capacity and energy for the conveyance of said conserved
water. If for any reason the Yuma Area Contractors do not
provide said power capacity and energy for the conveyance of
said conserved water, then the Secretary shall furnish said
power capacity and energy annually and permanently at the
lowest rate assigned to project use power within the
jurisdiction of the Bureau of Reclamation in accordance with
Exhibit E `Project Use Power' of the Agreement between Water
and Power Resources Service, Department of the Interior, and
Western Area Power Administration, Department of Energy (March
26, 1980).''.
(b) Title II of the San Luis Rey Indian Water Rights Settlement Act
(Public Law 100-675; 102 Stat. 4000 et seq.) is amended by adding at
the end the following new section:
``SEC. 210. ANNUAL REPAYMENT INSTALLMENTS.
``During the period of planning, design, and construction of the
works and during the period that the Indian Water Authority and the
local entities receive up to 16,000 acre-feet of the water conserved by
the works, the annual repayment installments provided in section 102(b)
of the Colorado River Basin Salinity Control Act (Public Law 93-320; 88
Stat. 268) shall continue to be nonreimbursable. Nothing in this
section shall affect the national obligation set forth in section
101(c) of such Act.''.
Sec. 212. (a) Definitions.--For the purpose of this section, the
term--
(1) ``Secretary'' means the Secretary of the Interior;
(2) ``Sly Park Unit'' means the Sly Park Dam and Reservoir,
Camp Creek Diversion Dam and Tunnel, and conduits and canals as
authorized under the American River Act of October 14, 1949 (63
Stat. 853), including those used to convey, treat, and store
water delivered from Sly Park, as well as all recreation
facilities thereto; and
(3) ``District'' means the El Dorado Irrigation District.
(b) In General.--The Secretary shall, as soon as practicable after
date of the enactment of this Act and in accordance with all applicable
law, transfer all right, title, and interest in and to the Sly Park
Unit to the District.
(c) Sale Price.--The Secretary is authorized to receive from the
District $2,000,000 to relieve payment obligations and extinguish the
debt under contract number 14-06-200-949IR3, and $9,500,000 to relieve
payment obligations and extinguish all debts associated with contracts
numbered 14-06-200-7734, as amended by contracts numbered 14-06-200-
4282A and 14-06-200-8536A. Notwithstanding the preceding sentence, the
District shall continue to make payments required by section 3407(c) of
Public Law 102-575 through year 2029.
(d) Credit Revenue to Project Repayment.--Upon payment authorized
under subsection (b), the amount paid shall be credited toward
repayment of capital costs of the Central Valley Project in an amount
equal to the associated undiscounted obligation.
(e) Future Benefits.--Upon payment, the Sly Park Unit shall no
longer be a Federal reclamation project or a unit of the Central Valley
Project, and the District shall not be entitled to receive any further
reclamation benefits.
(f) Liability.--Except as otherwise provided by law, effective on
the date of conveyance of the Sly Park Unit under this Act, the United
States shall not be liable for damages of any kind arising out of any
act, omission, or occurrence based on its prior ownership or operation
of the conveyed property.
(g) Costs.--All costs, including interest charges, associated with
the Project that have been included as a reimbursable cost of the
Central Valley Project are declared to be nonreimbursable and
nonreturnable.
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 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 17 passenger motor vehicles for replacement only,
$660,574,000 to remain available until expended: Provided, That, in
addition, royalties received to compensate the Department of Energy for
its participation in the First-Of-A-Kind-Engineering program shall be
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 condemnation
of any real property or any facility or for plant or facility
acquisition, construction or expansion, $277,812,000, 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 processing facilities, $393,367,000, of
which $345,038,000 shall be derived from the Uranium Enrichment
Decontamination and Decommissioning Fund, all of which shall remain
available until expended: Provided, That $72,000,000 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, construction, or
expansion, and purchase of not to exceed 58 passenger motor vehicles
for replacement only, $3,186,352,000, 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, $191,074,000, to remain
available until expended and to be derived from the Nuclear Waste Fund:
Provided, That not to exceed $2,500,000 may be provided to the State of
Nevada solely for expenditures, other than salaries and expenses of
State employees, to conduct scientific oversight responsibilities
pursuant to the Nuclear Waste Policy Act of 1982, Public Law 97-425, as
amended: Provided further, That $6,000,000 shall 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 for the State of Nevada shall be made
available solely to the Nevada Division of Emergency Management by
direct payment and units of local government by direct payment:
Provided further, That within 90 days of the completion of each Federal
fiscal year, the Nevada Division of Emergency Management and the
Governor of the State of Nevada and each local entity shall provide
certification to the Department of Energy that all funds expended from
such payments 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: 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: Provided further, That all proceeds
and recoveries by the Secretary in carrying out activities authorized
by the Nuclear Waste Policy Act of 1982 in Public Law 97-425, as
amended, including but not limited to, any proceeds from the sale of
assets, shall be available without further appropriation and shall
remain available until expended.
Departmental Administration
For salaries and expenses of the Department of Energy necessary 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), $226,107,000, to
remain available until expended, plus such additional amounts as
necessary to cover increases in the estimated amount of cost of work
for others notwithstanding 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
$151,000,000 in fiscal year 2001 may be retained and used for operating
expenses within this account, and may remain available until expended,
as authorized by section 201 of Public Law 95-238, notwithstanding the
provisions of 31 U.S.C. 3302: Provided further, That the sum herein
appropriated shall be reduced by the amount of miscellaneous 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
$75,107,000.
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.
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 exceed 12 for replacement only),
$5,015,186,000, to remain available until expended: Provided: That,
$130,000,000 shall be immediately available for Project 96-D-111, the
National Ignition Facility at Lawrence Livermore National Laboratory:
Provided further, That $69,100,000 shall be available only upon a
certification by the Administrator of the National Nuclear Security
Administration to the Congress after March 31, 2001, that (a) includes
a recommendation on an appropriate path forward for the project; (b)
certifies all established project and scientific milestones have been
met on schedule and on cost; (c) certifies the first and second quarter
project reviews in fiscal year 2001 determined the project to be on
schedule and cost; (d) includes a study of requirements for and
alternatives to a 192 beam ignition facility for maintaining the safety
and reliability of the current nuclear weapons stockpile; (e) certifies
an integrated cost-schedule earned-value project control system has
been fully implemented; and (f) includes a five-year budget plan for
the stockpile stewardship program.
defense nuclear nonproliferation
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, Defense
Nuclear Nonproliferation 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, $874,196,000, to remain available until expended: Provided,
That not to exceed $7,000 may be used for official reception and
representation expenses for national security and nonproliferation
(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.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $690,163,000, to
remain available until expended.
office of the administrator
For necessary expenses of the Office of the Administrator of the
National Nuclear Security Administration, including official reception
and representation expenses (not to exceed $5,000), $10,000,000, to
remain available until expended.
OTHER DEFENSE RELATED ACTIVITIES
Defense Environmental Restoration and Waste Management
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental restoration
and waste management activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
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 30 passenger motor vehicles for
replacement only, $4,974,476,000, to remain available until expended.
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 equipment and other
necessary expenses, $1,082,714,000, to remain available 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.), $65,000,000, 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, $585,755,000, to remain
available until expended, of which $17,000,000 shall be for the
Department of Energy Employees Compensation Initiative upon enactment
of authorization legislation into law.
Defense Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
Public Law 97-425, as amended, including the acquisition of real
property or facility construction or expansion, $200,000,000, to remain
available until 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 Nez
Perce Tribe Resident Fish Substitution Program, the Cour D'Alene Tribe
Trout Production facility, and for official reception and
representation expenses in an amount not to exceed $1,500.
During fiscal year 2001, no new direct loan obligations may be
made. Section 511 of the Energy and Water Development Appropriations
Act, 1997 (Public Law 104-206), is amended by striking the last
sentence and inserting ``This authority shall expire January 1,
2003.''.
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 remain
available until expended; in addition, notwithstanding the provisions
of 31 U.S.C. 3302, amounts collected by the Southeastern Power
Administration pursuant to the Flood Control Act to recover purchase
power and wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended for the sole
purpose of making purchase power and wheeling 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 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, $28,100,000, to remain available until expended; in
addition, notwithstanding 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 Southwestern Power
Administration pursuant to the Flood Control Act to recover purchase
power and wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended for the sole
purpose of making purchase power and 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 administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, including official reception and representation
expenses in an amount not to exceed $1,500, $165,830,000, to remain
available until expended, of which $154,616,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That of the
amount herein appropriated, $5,950,000 is for deposit into the Utah
Reclamation 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 pursuant to the Flood Control Act of 1944 and the
Reclamation Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures as follows: for fiscal year
2001, up to $65,224,000; 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
Administration, as provided in section 423 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
Federal Energy Regulatory Commission
salaries and expenses
For necessary expenses of the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5
U.S.C. 3109, the hire of passenger motor vehicles, and official
reception and representation expenses (not to exceed $3,000),
$175,200,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, not to exceed $175,200,000
of revenues from fees and annual charges, and other services and
collections in fiscal year 2001 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 2001 so as to result in a final fiscal year 2001 appropriation
from the General Fund estimated at not more than $0.
RESCISSIONS
Defense Nuclear Waste Disposal
(rescission)
Of the funds appropriated in Public Law 104-46 for interim storage
of nuclear waste, $75,000,000 are transferred to this heading and are
hereby rescinded.
Defense Environmental Management Privatization
(rescission)
Of the funds appropriated in Public Law 106-60 and prior Energy and
Water Development Acts for the Tank Waste Remediation System at
Richland, Washington, $97,000,000 of unexpended balances of prior
appropriations are rescinded.
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, amendment, or
modification for which the Secretary intends to grant such a waiver,
the Secretary shall submit to the Subcommittees on Energy and Water
Development of the Committees on Appropriations of the House of
Representatives and the Senate a report notifying the subcommittees of
the waiver and setting forth the reasons for the waiver.
Sec. 302. None of the funds appropriated by this Act may be used
to--
(1) develop or implement a workforce restructuring plan
that covers employees of the Department of Energy; or
(2) provide enhanced severance payments or other benefits
for employees of the Department of Energy,
under section 3161 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 7274h).
Sec. 303. 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 section 3161 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 7274h) unless
the Department of Energy submits a reprogramming request subject to
approval by the appropriate Congressional committees.
Sec. 304. 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. 305. The unexpended balances of prior appropriations provided
for activities in this Act may be transferred to appropriation accounts
for such activities established pursuant to this title. Balances so
transferred may be merged with funds in the applicable established
accounts and thereafter may be accounted for as one fund for the same
time period as originally enacted.
Sec. 306. Of the funds in this Act provided to government-owned,
contractor-operated laboratories, not to exceed 6 percent shall be
available to be used for Laboratory Directed Research and Development.
Sec. 307. (a) Of the funds appropriated by this title to the
Department of Energy, not more than $185,000,000 shall be available for
reimbursement of management and operating contractor travel expenses,
of which $10,000,000 is available for use by the Chief Financial
Officer of the Department of Energy for emergency travel expenses.
(b) Funds appropriated by this title to the Department 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 exceptions to the reimbursement
requirements of this section as the Secretary considers appropriate.
(c) The limitation in subsection (a) shall not apply to
reimbursement of management and operating contractor travel expenses
within the Laboratory Directed Research and Development program.
Sec. 308. No funds are provided in this Act or any other Act for
the Administrator of the Bonneville Power Administration to enter into
any agreement to perform energy efficiency services outside the legally
defined Bonneville service territory, with the exception of services
provided internationally, including services provided on a reimbursable
basis, unless the Administrator certifies that such services are not
available from private sector businesses.
Sec. 309. None of the funds in this Act may be used to dispose of
transuranic waste in the Waste Isolation Pilot Plant which contains
concentrations of plutonium in excess of 20 percent by weight for the
aggregate of any material category on the date of enactment of this
Act, or is generated after such date. For the purposes of this section,
the material categories of transuranic waste at the Rocky Flats
Environmental Technology Site include: (1) ash residues; (2) salt
residues; (3) wet residues; (4) direct repackage residues; and (5)
scrub alloy as referenced in the ``Final Environmental Impact Statement
on Management of Certain Plutonium Residues and Scrub Alloy Stored at
the Rocky Flats Environmental Technology Site''.
Sec. 310. The Administrator of the National Nuclear Security
Administration may authorize the plant manager of a covered nuclear
weapons production plant to engage in research, development, and
demonstration activities with respect to the engineering and
manufacturing capabilities at such plant in order to maintain and
enhance such capabilities at such plant: Provided, That of the amount
allocated to a covered nuclear weapons production plant each fiscal
year from amounts available to the Department of Energy for such fiscal
year for national security programs, not more than an amount equal to 2
percent of such amount may be used for these activities: Provided
further, That for purposes of this section, the term ``covered nuclear
weapons production plant'' means the following:
(1) The Kansas City Plant, Kansas City, Missouri.
(2) The Y-12 Plant, Oak Ridge, Tennessee.
(3) The Pantex Plant, Amarillo, Texas.
(4) The Savannah River Plant, South Carolina.
Sec. 311. Notwithstanding any other law, and without fiscal year
limitation, each Federal Power Marketing Administration is authorized
to engage in activities and solicit, undertake and review studies and
proposals relating to the formation and operation of a regional
transmission organization.
Sec. 312. Not more than $10,000,000 of funds previously
appropriated for interim waste storage activities for Defense Nuclear
Waste Disposal in Public Law 104-46, the Energy and Water Development
Appropriations Act, 1996, may be made available to the Department of
Energy upon written certification by the Secretary of Energy to the
House and Senate Committees on Appropriations that the Site
Recommendation Report cannot be completed on time without additional
funding.
Sec. 313. Term of Office of Person First Appointed as Under
Secretary for Nuclear Security of the Department of Energy. (a) Length
of Term.--The term of office as Under Secretary for Nuclear Security of
the Department of Energy of the first person appointed to that position
shall be 3 years.
(b) Exclusive Reasons for Removal.--The exclusive reasons for
removal from office as Under Secretary for Nuclear Security of the
person described in subsection (a) shall be inefficiency, neglect of
duty, or malfeasance in office.
(c) Position Described.--The position of Under Secretary for
Nuclear Security of the Department of Energy referred to in this
section is the position established by subsection (c) of section 202 of
the Department of Energy Organization Act (42 U.S.C. 7132), as added by
section 3202 of the National Nuclear Security Administration Act (title
XXXII of Public Law 106-65; 113 Stat. 954).
Sec. 314. Scope of Authority of Secretary of Energy to Modify
Organization of National Nuclear Security Administration. (a) Scope of
Authority.--Subtitle A of the National Nuclear Security Administration
Act (title XXXII of Public Law 106-65; 113 Stat. 957; 50 U.S.C. 2401 et
seq.) is amended by adding at the end the following new section:
``SEC. 3219. SCOPE OF AUTHORITY OF SECRETARY OF ENERGY TO MODIFY
ORGANIZATION OF ADMINISTRATION.
``Notwithstanding the authority granted by section 643 of the
Department of Energy Organization Act (42 U.S.C. 7253) or any other
provision of law, the Secretary of Energy may not establish, abolish,
alter, consolidate, or discontinue any organizational unit or
component, or transfer any function, of the Administration, except as
authorized by subsection (b) or (c) of section 3291.''.
(b) Conforming Amendments.--Section 643 of the Department of Energy
Organization Act (42 U.S.C. 7253) is amended--
(1) by striking ``The Secretary'' and inserting ``(a)
Subject to subsection (b), the Secretary''; and
(2) by adding at the end the following new subsection:
``(b) The authority of the Secretary to establish, abolish, alter,
consolidate, or discontinue any organizational unit or component of the
National Nuclear Security Administration is governed by the provisions
of section 3219 of the National Nuclear Security Administration Act
(title XXXII of Public Law 106-65).''.
Sec. 315. Prohibition on Pay of Personnel Engaged in Concurrent
Service or Duties Inside and Outside National Nuclear Security
Administration. Subtitle C of the National Nuclear Security
Administration Act (title XXXII of Public Law 106-65; 50 U.S.C. 2441 et
seq.) is amended by adding at the end the following new section:
``SEC. 3245. PROHIBITION ON PAY OF PERSONNEL ENGAGED IN CONCURRENT
SERVICE OR DUTIES INSIDE AND OUTSIDE ADMINISTRATION.
``(a) Except as otherwise expressly provided by statute, no funds
authorized to be appropriated or otherwise made available for the
Department of Energy may be obligated or utilized to pay the basic pay
of an officer or employee of the Department of Energy who--
``(1) serves concurrently in a position in the
Administration and a position outside the Administration; or
``(2) performs concurrently the duties of a position in the
Administration and the duties of a position outside the
Administration.
``(b) The provision of this section shall take effect 60 days after
the date of enactment of this section.''.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended, for necessary
expenses for the Federal Co-Chairman and the alternate on the
Appalachian Regional Commission, for payment of the Federal share of
the administrative expenses of the Commission, including services as
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$66,400,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $18,500,000, to
remain available until expended.
Delta Regional Authority
salaries and expenses
For necessary expenses to establish the Delta Regional Authority
and to carry out its activities, $20,000,000, 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, $30,000,000, to remain available until
expended.
Nuclear Regulatory Commission
salaries and expenses
For necessary expenses of the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974, as amended, and the
Atomic Energy Act of 1954, as amended, including official
representation expenses (not to exceed $15,000), $481,900,000, to
remain available until expended: Provided, That of the amount
appropriated herein, $21,600,000 shall be derived from the Nuclear
Waste Fund: Provided further, That revenues from licensing fees,
inspection services, and other services and collections estimated at
$447,958,000 in fiscal year 2001 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 $3,200,000 of the funds herein appropriated for
regulatory reviews and assistance to other Federal agencies and States
shall be excluded from license fee revenues, notwithstanding 42 U.S.C.
2214: Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year 2001 so
as to result in a final fiscal year 2001 appropriation estimated at not
more than $33,942,000.
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 licensing fees, inspection services, and other services
and collections estimated at $5,390,000 in fiscal year 2001 shall be
retained and be available until expended, for necessary salaries and
expenses in this account notwithstanding 31 U.S.C. 3302: 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 estimated at not more than
$110,000.
Nuclear Waste Technical Review Board
salaries and expenses
For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $2,900,000, to be
derived from the Nuclear Waste Fund, and to remain available until
expended.
TITLE V
FISCAL YEAR 2001 EMERGENCY APPROPRIATIONS
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
cerro grande fire activities
For necessary expenses to remediate damaged Department of Energy
facilities and for other expenses associated with the Cerro Grande
fire, $203,460,000, to remain available until expended, of which
$2,000,000 shall be made available to the United States Army Corps of
Engineers to undertake immediate measures to provide erosion control
and sediment protection to sewage lines, trails, and bridges in Pueblo
and Los Alamos Canyons downstream of Diamond Drive in New Mexico:
Provided, That the entire amount shall be available only to the extent
an official budget request for $203,460,000, that includes designation
of the entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
INDEPENDENT AGENCIES
Appalachian Regional Commission
For necessary expenses to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended, $11,000,000,
to remain available until expended, which shall be available only to
the extent an official budget request for $11,000,000, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
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 intentionally 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 Regulations.
Sec. 603. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of
California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator
of the Environmental Protection Agency, to minimize any detrimental
effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 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. None of the funds appropriated by this Act shall be used
to propose or issue rules, regulations, decrees, or orders for the
purpose of implementation, or in preparation for implementation, of the
Kyoto Protocol which was adopted on December 11, 1997, in Kyoto, Japan
at the Third Conference of the Parties to the United Nations Framework
Convention on 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.
Sec. 605. Funding of the Coastal Wetlands Planning, Protection and
Restoration Act. Section 4(a) of the Act of August 9, 1950 (16 U.S.C.
777c(a)), is amended in the second sentence by striking ``2000'' and
inserting ``2009''.
Sec. 606. Redesignation of Interstate Sanitation Commission and
District. (a) Interstate Sanitation Commission.--
(1) In general.--The district known as the ``Interstate
Sanitation Commission'', established by article III of the Tri-
State Compact described in the Resolution entitled, ``A Joint
Resolution granting the consent of Congress to the States of
New York, New Jersey, and Connecticut to enter into a compact
for the creation of the Interstate Sanitation District and the
establishment of the Interstate Sanitation Commission'',
approved August 27, 1935 (49 Stat. 933), is redesignated as the
``Interstate Environmental Commission''.
(2) References.--Any reference in a law, regulation, map,
document, paper, or other record of the United States to the
Interstate Sanitation Commission shall be deemed to be a
reference to the Interstate Environmental Commission.
(b) Interstate Sanitation District.--
(1) In general.--The district known as the ``Interstate
Sanitation District'', established by article II of the Tri-
State Compact described in the Resolution entitled, ``A Joint
Resolution granting the consent of Congress to the States of
New York, New Jersey, and Connecticut to enter into a compact
for the creation of the Interstate Sanitation District and the
establishment of the Interstate Sanitation Commission'',
approved August 27, 1935 (49 Stat. 932), is redesignated as the
``Interstate Environmental District''.
(2) References.--Any reference in a law, regulation, map,
document, paper, or other record of the United States to the
Interstate Sanitation District shall be deemed to be a
reference to the Interstate Environmental District.
TITLE VII
DEPARTMENT OF THE TREASURY
Bureau of the Public Debt
gifts to the united states for reduction of the public debt
For deposit of an additional amount for fiscal year 2001 into the
account established under section 3113(d) of title 31, United States
Code, to reduce the public debt, $5,000,000,000.
TITLE VIII
NUCLEAR REGULATORY COMMISSION
Section 6101 of the Omnibus Budget Reconciliation Act of 1990 (42
U.S.C. 2214) is amended--
(1) in subsection (a)(3), by striking ``September 30,
1999'' and inserting ``September 20, 2005''; and
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``or certificate
holder'' after ``licensee''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Aggregate amount of charges.--
``(A) In general.--The aggregate amount of the
annual charges collected from all licensees and
certificate holders in a fiscal year shall equal an
amount that approximates the percentages of the budget
authority of the Commission for the fiscal year stated
in subparagraph (B), less--
``(i) amounts collected under subsection
(b) during the fiscal year; and
``(ii) amounts appropriated to the
Commission from the Nuclear Waste Fund for the
fiscal year.
``(B) Percentages.--The percentages referred to in
subparagraph (A) are--
``(i) 98 percent for fiscal year 2001;
``(ii) 96 percent for fiscal year 2002;
``(iii) 94 percent for fiscal year 2003;
``(iv) 92 percent for fiscal year 2004; and
``(v) 90 percent for fiscal year 2005.''.
This Act may be cited as the ``Energy and Water Development
Appropriations Act, 2001''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Appropriations.
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