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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, $1,853,618,000, to remain available until erpended, 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. 4601), may be derived from that account for construction, operation, and maintenance of outdoor recreation facilities: Provided, That no funds, whether appropriated, contributed, or otherwise provided, shall be available to the United States Army Corps of Engineers for the purpose of acquiring land in Jasper County, South Carolina, in connection with the Savannah Harbor navigation project.

REGULATORY PROGRAM For expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $117,000,000, to remain available until expended: Provided, That the Secretary of the Army, acting through the Chief of Engineers, is directed to use $5,000,000 of funds appropriated herein to fully implement an administrative appeals process for the Corps of Engineers Regulatory Program, which administrative appeals process shall provide for a singlelevel appeal of jurisdictional determinations: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, shall, using funds provided herein, prepare studies and analyses of the impacts on Regulatory Branch workload and on cost of compliance by the regulated community of proposed replacement permits for the nationwide permit 26 under section 404 of the Clean Water Act and shall submit a report based upon the aforementioned studies and analyses to the Committees on Appropriations of the House and Senate, the Transportation and Infrastructure Committee of the House, and the Committee on Environment and Public Works of the Senate. FORMERLY UTILIZED SITES REMEDIAL ACTION

PROGRAM For expenses necessary to clean up contamination from sites throughout the United States resulting from work performed as part of the Nation's early atomic energy program, $150,000,000, to remain available until expended.

GENERAL EXPENSES For expenses necessary for general administration and related functions in the Office of the Chief of Engineers and offices of the Division Engineers; activities of the Coastal Engineering Research Board, the Humphreys Engineer Center Support Activity, the Water Resources Support Center, and headquarters support functions at the USACE Finance Center, $149,500,000, to remain available until expended: Provided, That no part of any other 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.

ADMINISTRATIVE PROVISION 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 ENGINEERSCIVIL SEC. 101. Notwithstanding any other provisions of law, no fully allocated funding policy shall be applied to projects for which funds are identified in the Committee reports accompanying this Act under the Construction, General; Operation and Maintenance, General; and Flood Control, Mississippi River and Tributaries, appropriation accounts: Provided, That the Secretary of the Army, acting through the Chief of Engineers, is directed to undertake these projects using continuing contracts, as authorized in section 10 of the Rivers and Harbors Act of September 22, 1922 (33 U.S.C. 621).

SEC. 102. Agreements proposed for execution by the Assistant Secretary of the Army for Civil Works or the U.S. 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 90483; 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. None of the funds made available in this Act may be used to revise the Missouri River Master Water Control Manual when it is made known to the Federal entity or official to which the funds are made available that such revision provides for an increase in the springtime water release program during the spring heavy rainfall and snow melt period in States that have rivers draining into the Missouri River below the Gavins Point Dam.

TITLE II
DEPARTMENT OF THE INTERIOR

CENTRAL UTAH PROJECT
CENTRAL UTAH PROJECT COMPLETION ACCOUNT

For carrying out activities authorized by the Central Utah Project Completion Act, and for activities related to the Uintah and Upalco Units authorized by 43 U.S.C. 620, $38,049,000, to remain available until expended, of which $15,476,000 shall be deposited into the Utah Reclamation Mitigation and Conservation Account: Provided, That of the amounts deposited into that account, $5,000,000 shall be considered the Federal contribution authorized by paragraph 402(b)(2) of the Central Utah Project Completion Act and $10,476,000 shall be available to the Utah Reclamation Mitigation and Conservation Commission to carry out activities authorized under that Act.

In addition, for necessary expenses incurred in carrying out related responsibilities of the Secretary of the Interior, $1,321,000, to remain available until expended.

BUREAU OF RECLAMATION The following appropriations shall be erpended 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 Ameri

cans, and related grants to, and cooperative and other agreements with, State and local governments, Indian Tribes, and others, $607,927,000, to remain available until expended, of which $2,247,000 shall be available for transfer to the Upper Colorado

Colorado River Basin Fund and $24,089,000 shall be available for transfer to the Lower Colorado River Basin Development Fund, and of which such amounts as may be necessary may be advanced to the Colorado River Dam Fund: Provided, That such transfers may be increased or decreased within the overall appropriation under this heading: Provided further, That of the total appropriated, the amount for program activities that can be financed by the Reclamation Fund or the Bureau of Reclamation special fee account established by 16 U.S.C. 4601-6a(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 by Public Law 104–206, is amended further by inserting "1999, and 2000in lieu of "and 1997: 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 102575, and Public Law 105-245, is increased by $1,000,000 (October 1998 prices). BUREAU OF RECLAMATION LOAN PROGRAM

ACCOUNT For the cost of direct loans and/or grants, $12,000,000, to remain available until expended, as authorized by the Small Reclamation Projects Act of August 6, 1956, as amended (43 U.S.C. 422a-4221): 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 $43,000,000.

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, $42,000,000, 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.

CALIFORNIA BAY-DELTA RESTORATION

(INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Department of the Interior and other participating Federal agencies in carrying out ecosystem restoration activities pursuant to the California Bay-Delta Environmental Enhancement Act and other activities that are in accord with the CALFED Bay-Delta Program, including projects to improve water use efficiency, water quality, groundwater and surface storage, levees, conveyance, and watershed management, consistent with plans to be approved by the Secretary of

the Interior, in consultation with such Federal agencies, $60,000,000, to remain available until expended, of which $30,000,000 shall be used for ecosystem restoration activities and $30,000,000 shall be used for such other activities, and of which such amounts as may be necessary to conform with such plans shall be transferred to appropriate accounts of such Federal agencies: Provided, That no more than $5,000,000 of the funds appropriated herein may be used for planning and management activities associated with developing the overall CALFED Bay-Delta Program and coordinating its staged implementation: Provided further, That funds for ecosystem restoration activities may be obligated only as non-Federal sources provide their share in accordance with the cost-sharing agreement required under section 1101(d) of such Act, and that funds for such other activities may be obligated only as non-Federal sources provide their share in a manner consistent with such costsharing agreement: Provided further, That such funds may be obligated prior to the completion of a final programmatic environmental impact statement only if: (1) consistent with 40 CFR 1506.1(c); and (2) used for purposes that the Secretary finds are of sufficiently high priority to warrant such an expenditure.

POLICY AND ADMINISTRATION For necessary expenses of policy, administration, and related functions in the office of the Commissioner, the Denver office, and offices in the five regions of the Bureau of Reclamation, to remain available until expended, $47,000,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: Provided, That no part of any other appropriation in this Act shall be available for activities or functions budgeted as policy and administration expenses.

ADMINISTRATIVE PROVISIONS SEC. 201. Appropriations for the Bureau of Reclamation shall be available for purchase of not to exceed six passenger motor vehicles for replacement only.

SEC. 202. Funds under this title for Drought Emergency 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.

TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS

ENERGY SUPPLY (INCLUDING TRANSFER OF FUNDS) For Department of Energy expenses including the purchase, construction and acquisition of plant and capital equipment, and other expenses necessary for energy supply, and uranium supply and enrichment activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion; and the purchase of not to exceed one passenger motor vehicle for replacement only, $644,937,953, of which $820,953 shall be derived by transfer from the Geothermal Resources Development Fund, and of which $5,000,000 shall be derived by transfer from the United States Enrichment Corporation Fund.

NON-DEFENSE ENVIRONMENTAL MANAGEMENT

For Department of Energy expenses, including the purchase, construction and acquisition of plant and capital equipment and other expenses necessary for non-defense environmental 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, $333,618,000, to remain available until expended. URANIUM ENRICHMENT DECONTAMINATION AND

DECOMMISSIONING FUND For necessary expenses in carrying out uranium enrichment facility decontamination and decommissioning, remedial actions and other activities of title II of the Atomic Energy Act of 1954 and title X, subtitle A of the Energy Policy Act of 1992, $250,198,000, to be derived from the Fund, to remain available until expended: Provided, That $30,000,000 of amounts derived from the Fund for such expenses shall be available in accordance with title X, subtitle A, of the Energy Policy Act of 1992.

SCIENCE For Department of Energy expenses including the purchase, construction and acquisition of plant and capital equipment, and other expenses necessary for science activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or facility or for plant or facility acquisition, construction, or expansion, and purchase of not to exceed six passenger motor vehicles for replacement only, $2,799,851,000, to remain available until expended.

NUCLEAR WASTE DISPOSAL For nuclear waste disposal activities to carry out the purposes of Public Law 97-425, as amended, including the acquisition of real property or facility construction or expansion, $240,500,000 to be derived from the Nuclear Waste Fund: Provided, That not to exceed $500,000 may be provided to the State of Nevada solely for expenditures, other than salaries and expenses of State employees, to conduct scientific oversight responsibilities pursuant to the Nuclear Waste Policy Act of 1982, (Public Law 97-425) as amended: Provided further. That not to exceed $5,432,000 may be provided to affected units of local governments, as defined in Public Law 97–425, to conduct appropriate activities pursuant to the Act: Provided further, That the distribution of the funds as determined by the units of local government shall be approved by the Department of Energy: Provided further, That the funds shall be made available to the State and units of local government by direct payment: Provided further, That within 90 days of the completion of each Federal fiscal year, the State and each local entity shall provide certification to the Department of Energy, that all funds expended from such payments have been expended for activities as defined in Public Law 97-425. Failure to provide such certification shall cause such entity to be prohibited from any 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.

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), $206,365,000, 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 erpended: Provided further, That moneys received by the Department for miscellaneous revenues estimated to total $106,887,000 in fiscal year 2000 may be retained and used for operating expenses within this account, and may remain available until expended, as 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 2000 so as to result in a final fiscal year 2000 appropriation from the General Fund estimated at not more than $99,478,000.

OFFICE OF THE INSPECTOR GENERAL For necessary expenses of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $29,500,000, to remain available until expended. ATOMIC ENERGY DEFENSE ACTIVITIES

WEAPONS ACTIVITIES For Department of Energy expenses, including the purchase, construction and acquisition of plant and capital equipment and other incidental expenses necessary for atomic energy defense weapons activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion; and the purchase of passenger motor vehicles (not to exceed three for replacement only), $4,443,939,000, to remain available until expended: Provided, That funding for any ballistic missile defense program undertaken by the Department of Energy for the Department of Defense shall be provided by the Department of Defense according to procedures established for Work for Others by the Department of Energy. DEFENSE ENVIRONMENTAL RESTORATION AND

WASTE MANAGEMENT For Department of Energy expenses, including the purchase, construction and acquisition of plant and capital equipment and other expenses necessary for atomic energy defense environmental restoration and waste management activities in 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 35 passenger motor vehicles for replacement only, $4,484,349,000, to remain available until expended: Provided, That any amounts appropriated under this heading that are used to provide economic assistance under section 15 of the Waste Isolation Pilot Plant Land Withdrawal Act (Public Law 102–579) shall be utilized to the extent necessary to reimburse costs of financial assurances required of a contractor by any permit or license of the Waste Isolation Pilot Plant issued by the State of New Mexico.

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, $1,064,492,000, 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.), $189,000,000, to remain available until expended.

OTHER DEFENSE ACTIVITIES For Department of Energy expenses, including the purchase, construction and acquisition of plant and capital equipment and other expenses necessary for atomic energy defense, other de

fense activities, in carrying out the purposes of available until expended, and to be derived from may be transferred to appropriation accounts the Department of Energy Organization Act (42 the Falcon and Amistad Operating and Mainte for such activities established pursuant to this U.S.C. 7101 et seq.), including the acquisition or nance Fund of the Western Area Power Admin title. Balances so transferred may be merged condemnation of any real property or any facil istration, as provided in section 423 of the For with funds in the applicable established acity or for plant or facility acquisition, construc eign Relations Authorization Act, Fiscal Years counts and thereafter may be accounted for as tion, or expansion, $1,722,444,000, to remain 1994 and 1995.

one fund for the same time period as originally available until expended: Provided, That not to FEDERAL ENERGY REGULATORY COMMISSION enacted. exceed $5,000 may be used for official reception

SALARIES AND EXPENSES

SEC. 307. Notwithstanding 41 U.S.C. 254c(a), and representation expenses for transparency,

For necessary expenses of the Federal Energy

the Secretary of Energy may use funds appronational security and nonproliferation activiRegulatory Commission to carry out the provi

priated by this Act to enter into or continue ties. sions of the Department of Energy Organization

multi-year contracts for the acquisition of propDEFENSE NUCLEAR WASTE DISPOSAL Act (42 U.S.C. 7101 et seq.), including services as

erty or services under the head, Energy SupFor nuclear waste disposal activities to carry authorized by 5 U.S.C. 3109, the hire of pas

plywithout obligating the estimated costs asout the purposes of Public Law 97-425, as senger motor vehicles, and official reception and

sociated with any necessary cancellation or teramended, including the acquisition of real proprepresentation expenses (not to exceed $3,000),

mination of the contract. The Secretary of Enerty or facility construction or expansion, $174,950,000, to remain available until expended: ergy may pay costs of termination or cancella

tion from$112,000,000, to remain available until expended.

Provided, That notwithstanding any other pro-
vision of law, not to exceed $174,950,000 of reve-

(1) appropriations originally available for the POWER MARKETING ADMINISTRATIONS nues from fees and annual charges, and other

performance of the contract concerned; BONNEVILLE POWER ADMINISTRATION FUND services and collections in fiscal year 2000 shall

(2) appropriations currently available for proExpenditures from the Bonneville Power Ad be retained and used for necessary expenses in

curement of the type of property or services conministration Fund, established pursuant to Pub this account, and shall remain available until

cerned, and not otherwise obligated; or lic Law 93—454, are approved for the Northeast expended: Provided further, That the sum here

(3) funds appropriated for those payments.

SEC. 308. Of the funds in this Act provided to Oregon Hatchery Master Plan, and for official in appropriated from the General Fund shall be

government-owned, contractor-operated laborareception and representation expenses in an reduced as revenues are received during fiscal

tories, not to exceed four percent shall be availamount not to exceed $1,500.

year 2000 so as to result in a final fiscal year During fiscal year 2000, no new direct loan ob

able to be used for Laboratory Directed Re2000 appropriation from the General Fund esti

mated at not more than $0. ligations may be made.

search and Development: Provided, That none

of the funds in the Environmental Management OPERATION AND MAINTENANCE, SOUTHEASTERN

GENERAL PROVISIONS

programs are available for Laboratory Directed POWER ADMINISTRATION

SEC. 301. (a) None of the funds appropriated Research and Development. For necessary expenses of operation and by this Act may be used to award a management

SEC. 309. (a) Of the funds appropriated by this maintenance of power transmission facilities

and operating contract unless such contract is title to the Department of Energy, not more and of marketing electric power and energy, in

awarded using competitive procedures or the than $150,000,000 shall be available for reimcluding transmission wheeling and ancillary

Secretary of Energy grants, on a case-by-case bursement of management and operating conservices, pursuant to the provisions of section 5

basis, a waiver to allow for such a deviation. tractor travel expenses. of the Flood Control Act of 1944 (16 U.S.C. 825s),

The Secretary may not delegate the authority to (b) Funds appropriated by this title to the Deas applied to the southeastern power area, grant such a waiver.

partment of Energy may be used to reimburse a

(b) At least 60 days before a contract award, $11,594,000; in addition, notwithstanding the

Department of Energy management and operamendment, or modification for which the Secprovisions of 31 U.S.C. 3302, not to exceed

ating contractor for travel costs of its employees $28,000,000 in reimbursements for transmission retary intends to grant such a waiver, the Sec

under the contract only to the extent that the wheeling and ancillary services and for power retary shall submit to the Subcommittees on En

contractor applies to its employees the same purchases, to remain available until expended. ergy and Water Development of the Committees

rates and amounts as those that apply to Fedon Appropriations of the House of RepresentaOPERATION AND MAINTENANCE, SOUTHWESTERN

eral employees under subchapter I of chapter 57 tives and the Senate a report notifying the sub

of title 5, United States Code, or rates and POWER ADMINISTRATION committees of the waiver and setting forth the

amounts established by the Secretary of Energy. (INCLUDING TRANSFER OF FUNDS)

reasons for the waiver. For necessary expenses of operation and

The Secretary of Energy may provide exceptions SEC. 302. (a) None of the funds appropriated

to the reimbursement requirements of this secmaintenance of power transmission facilities by this Act may be used to award, amend, or

tion as the Secretary considers appropriate. and of marketing electric power and energy, and modify a contract in a manner that deviates

SEC. 310. (a) None of the funds in this Act or for construction and acquisition of transmission from the Federal Acquisition Regulation, unless

any future Energy and Water Development Aplines, substations and appurtenant facilities, the Secretary of Energy grants, on a case-by

propriations Act may be expended after Decemand for administrative expenses, including officase basis, a waiver to allow for such a devi

ber 31 of each year under a covered contract uncial reception and representation expenses in an ation. The Secretary may not delegate the au

less the funds are expended in accordance with amount not to exceed $1,500 in carrying out the

thority to grant such a waiver.
(b) At least 60 days before a contract award,

a Laboratory Funding Plan that has been approvisions of section 5 of the Flood Control Act amendment, or modification for which the Sec

proved by the Secretary of Energy. At the beginof 1944 (16 U.S.C. 8258), as applied to the southretary intends to grant such a waiver, the Sec

ning of each fiscal year, the Secretary shall western power area, $28,773,000, to remain availretary shall submit to the Subcommittees on En

issue directions to the laboratories for the proable until expended, of which $773,000 shall be ergy and Water Development of the Committees

grams, projects, and activities to be conducted derived by transfer from unobligated balances in on Appropriations of the House of Representa

in that fiscal year. The Secretary and the Lab"Operation and Maintenance, Southeastern tives and the Senate a report notifying the sub

oratories shall devise a Laboratory Funding Power Administration"; in addition, notwithcommittees of the waiver and setting forth the

Plan that identifies the resources needed to standing the provisions of 31 U.S.C. 3302, not to reasons for the waiver.

carry out these programs, projects, and activiexceed $4,200,000 in reimbursements, to remain

SEC. 303. None of the funds appropriated by ties. Funds shall be released to the Laboratories available until expended. this Act may be used to

only after the Secretary has approved the LabCONSTRUCTION, REHABILITATION, OPERATION (1) develop or implement a workforce restruc oratory Funding Plan. The Secretary of Energy

AND MAINTENANCE, WESTERN AREA POWER turing plan that covers employees of the Depart may provide exceptions to this requirement as ADMINISTRATION ment of Energy; or

the Secretary considers appropriate. For carrying out the functions authorized by

(2) provide enhanced severance payments or (b) For purposes of this section, covered contitle III, section 302(a)(1)(E) of the Act of Au

other benefits for employees of the Department tractmeans a contract for the management gust 4, 1977 (42 U.S.C. 7152), and other related of Energy,

and operation of the following laboratories: Aractivities including conservation and renewable under section 3161 of the National Defense Au

gonne National Laboratory, Brookhaven Naresources programs as authorized, including ofthorization Act for Fiscal Year 1993 (Public Law

tional Laboratory, Idaho National Engineering 102484; 106 Stat. 2644; 42 U.S.C. 7274h).

and ficial reception and representation expenses in

Environmental Laboratory, Lawrence an amount not to exceed $1,500, $193,357,000, to

SEC. 304. None of the funds appropriated by Berkeley National Laboratory, Lawrence Liverremain available until expended, of which

this Act may be used to augment the $24,500,000 more National Laboratory, Los Alamos National $182,172,000 shall be derived from the Depart

made available for obligation by this Act for sev Laboratory, Oak Ridge National Laboratory, ment of the Interior Reclamation Fund: Pro

erance payments and other benefits and commu Pacific Northwest National Laboratory, and vided, That of the amount herein appropriated,

nity assistance grants under section 3161 of the Sandia National

National Defense Authorization Act for Fiscal SEC. 311. As part of the Department of Ener$5,036,000 is for deposit into the Utah Reclama

Year 1993 (Public Law 102–484; 106 Stat. 2644; 42 tion Mitigation and Conservation Account pur

gy's approval of laboratory funding for prime U.S.C. 7274h). suant to title IV of the Reclamation Projects Au

contractors responsible for management of De

SEC. 305. None of the funds appropriated by thorization and Adjustment Act of 1992.

partment of Energy sites and facilities, the Secthis Act may be used to prepare or initiate Re retary shall review and approve the incentive FALCON AND AMISTAD OPERATING AND

quests For Proposals (RFPs) for a program if structure for contractor fees, the amounts of MAINTENANCE FUND

the program has not been funded by Congress. award fees to be made available for next year, For operation, maintenance, and emergency

(TRANSFERS OF UNEXPENDED BALANCES)

the allowable salaries of first and second tier costs for the hydroelectric facilities at the Fal SEC. 306. The unexpended balances of prior laboratory management, and the overhead excon and Amistad Dams, $1,309,000, to remain appropriations provided for activities in this Act penditures. The Secretary of Energy may pro

vide exceptions to this requirement as the Secretary considers appropriate.

SEC. 312. None of the funds provided in this Act may be used to establish or maintain independent centers at a Department of Energy laboratory or facility unless such funds have been specifically identified in the budget submission.

SEC. 313. None of the funds made available in this or any other Act may be used to restart the High Flux Beam Reactor.

SEC. 314. No funds are provided in this Act or any other Act for the Administrator of the Bonneville Power Administration to enter into any agreement to perform energy efficiency services outside the legally defined Bonneville service territory, with the exception of services provided internationally, including services provided on a reimbursable basis, unless the Administrator certifies that such services are not available from private sector businesses.

SEC. 315. None of the funds in this Act may be used to dispose of transuranic waste in the Waste Isolation Pilot Plant which contains concentrations of plutonium in excess of 20 percent by weight for the aggregate of any material category on the date of the enactment of this Act, or is generated after such date.

SEC. 316. LIMITING THE INCLUSION OF COSTS OF PROTECTION OF, MITIGATION OF DAMAGE TO, AND ENHANCEMENT OF FISH AND WILDLIFE, WITHIN RATES CHARGED BY THE BONNEVILLE POWER ADMINISTRATION, TO THE RATE PERIOD IN WHICH THE COSTS ARE INCURRED. Section 7 of the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839e) is amended by adding at the end the following:

(n) LIMITING THE INCLUSION OF COSTS OF PROTECTION OF, MITIGATION OF DAMAGE TO, AND ENHANCEMENT OF FISH AND WILDLIFE, WITHIN RATES CHARGED BY THE BONNEVILLE POWER ADMINISTRATION, TO THE RATE PERIOD IN WHICH THE COSTS ARE INCURRED.-Notwithstanding any other provision of this section, rates established by the Administrator, under this section shall recover costs for protection, mitigation and enhancement of fish and wildlife, whether under the Pacific Northwest Electric Power Planning and Conservation Actor any other Act, not to exceed such amounts the Administrator forecasts will be expended during the fiscal year 2002-2006 rate period, while preserving the Administrator's ability to establish appropriate reserves and maintain a high Treasury payment probability for the subsequent rate period.

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, $17,000,000, to remain available until expended.

DENALI COMMISSION For expenses of the Denali Commission including the purchase, construction and acquisition of plant and capital equipment as necessary and other expenses, $20,000,000, to remain available until expended. NUCLEAR REGULATORY COMMISSION

SALARIES AND EXPENSES For necessary expenses of the Commission in carrying out the purposes of the Energy Reorga

nization Act of 1974, as amended, and the Atomic Energy Act of 1954, as amended, including official representation expenses (not to exceed $15,000), $465,000,000, to remain available until expended: Provided, That of the amount appropriated herein, $19,150,000 shall be derived from the Nuclear Waste Fund: Provided further, That revenues from licensing fees, inspection services, and other services and collections estimated at $442,000,000 in fiscal year 2000 shall be retained and used for necessary salaries and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall remain available until expended: Provided further, That $3,850,000 of the funds herein appropriated for regulatory reviews and other assistance provided to the Department of Energy and other Federal agencies 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 2000 so as to result in a final fiscal year 2000 appropriation estimated at not more than $23,000,000.

OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $5,000,000, to remain available until expended: Provided, That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2000, so as to result in a final fiscal year 2000 appropriation estimated at not more than $0. NUCLEAR WASTE TECHNICAL REVIEW

BOARD

SALARIES AND EXPENSES For necessary expenses of the Nuclear Waste Technical Review Board, as authorized by section 5051 of Public Law 100–203, $2,600,000, to be derived from the Nuclear Waste Fund, and to remain available until expended.

TENNESSEE VALLEY AUTHORITY The Tennessee Valley Authority is directed to use up to $3,000,000 from previously appropriated funds to pay any necessary transition costs for Land Between the Lakes.

TITLE V-RESCISSIONS
DEPARTMENT OF DEFENSE-CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS-CIVIL
GENERAL INVESTIGATIONS

(RESCISSIONS) Of the funds made available under this heading in Public Law 105–245 and prior Energy and Water Development Acts, the following amounts are hereby rescinded in the amounts specified:

Calleguas Creek, California, $271,100;

San Joaquin, Caliente Creek, California, $155,400;

Buffalo Small Boat Harbor, New York, $15,100;

City of Buffalo, New York, $4,000;

Geneva State Park, Ohio Shoreline Protection, $91,000;

Clinton River Spillway, Michigan, $50,000;

Lackawanna River Basin Greenway Corridor, Pennsylvania, $217,900; and

Red River Waterway, Index, Arkansas, to Denison Dam, Texas, $125,000.

CONSTRUCTION, GENERAL

(RESCISSIONS) Of the funds made available under this heading in Public Law 105–245, and prior Energy and Water Development Acts, the following amounts are hereby rescinded in the amounts specified:

Sacramento River Flood Control Project, California (Deficiency Correction), $1,500,000;

Melaleuca Quarantine Facility, Florida, $295,000;

Lake George, Hobart, Indiana, $3,484,000;

Anacostia River (Section 1135), Maryland, $1,534,000;

Sowashee Creek, Meridian, Mississippi, $2,537,000;

Platte River Flood and Streambank Erosion Control, Nebraska, $1,409,000;

Rochester Harbor, New York, $1,842,000;

Columbia River, Seafarers Museum, Hammond, Oregon, $98,000; and

Quonset Point, Davisville, Rhode Island, $120,000.

DEPARTMENT OF ENERGY OPERATION AND MAINTENANCE, SOUTHEASTERN

POWER ADMINISTRATION

(RESCISSION) Of the funds made available under this heading in Public Law 105–245 and prior Energy and Water Development Acts, $3,000,000, are rescinded.

NUCLEAR WASTE DISPOSAL

(RESCISSION) Of the funds made available under the heading Department of Energy-Energy ProgramsNuclear Waste Disposal Fundin the Energy and Water Development Appropriations Act, 1998 (Public Law 105-62), $4,000,000 is rescinded, to be derived from the amount specified under such heading for the Nuclear Regulatory Commission to license a multi-purpose canister design.

TITLE VIGENERAL PROVISIONS SEC. 601. None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action 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 Americainscription, 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 SIVDP-Alternative Repayment Plandescribed 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 drain

age studies for the San Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries of such service or studies pursuant to Federal Reclamation law.

SEC. 604. Section 6101(a)(3) of the Omnibus Budget Reconciliation Act of 1990, as amended, (42 U.S.C. 2214(a)(3)) is amended by striking September 30, 1999and inserting "September 30, 2000.

SEC. 605. Title VI, division C, of Public Law 105–277, Making Omnibus Consolidated and Emergency Supplemental Appropriations for Fiscal Year 1999, is repealed.

SEC. 606. Section 211(e)(2)(A) of the Water Resources Development Act of 1996 (Public Law 104-303, 110 Stat. 3682) is amended by striking in advance in appropriations Acts.

SEC. 607. None of the funds appropriated by this Act shall be used to propose or issue rules, regulations, decrees, or orders for the purpose of implementation, or in 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. 608. UNITED STATES ENRICHMENT CORPORATION FUND. (a) WITHDRAWALS.-Subsections (b) and (c) of section 1 of Public Law 105–204 (112 Stat. 681) are amended by striking fiscal year 2000and inserting fiscal year 2002.

(b) INVESTMENT OF AMOUNTS IN THE USEC FUND.

(1) IN GENERAL.-The Secretary of the Treasury shall invest such portion of the United States Enrichment Corporation Fund as is not, in the judgment of the Secretary, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States.

(2) ACQUISITION OF OBLIGATIONS.-For the purpose of investments under paragraph (1), obligations may be acquired

(A) on original issue at the issue price; or

(B) by purchase of outstanding obligations at the market price.

(3) SALE OF OBLIGATIONS.-Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price.

(4) CREDITS TO FUND.The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.

SEC. 609. LAKE CASCADE. (a) DESIGNATION.The reservoir commonly known as the Cascade Reservoir, created as a result of the building of the Cascade Dam authorized by the matter under the heading BUREAU OF RECLAMATIONof the fifth section of the Interior Department Appropriation Act, 1942 (55 Stat. 334, chapter 259) for the Boise Project, Idaho, Payette division, is redesignated as Lake Cascade.

(b) REFERENCES.-Any reference in any law, regulation, document, record, map, or other paper of the United States to Cascade Reservoirshall be considered to be a reference to Lake Cascade.

SEC. 610. Section 4(h)(10)(D) of the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839b(h)(10)(D)) is amended by striking clauses (vii) and (viii) and inserting the following:

(vii) COST LIMITATION.The annual cost of this provision shall not exceed $500,000 in 1997 dollars..

SEC. 611. (a) The Secretary of the Army, acting through the Chief of Engineers, in carrying out the program known as the Formerly Utilized Sites Remedial Action Program, shall undertake the following functions and activities to be performed at eligible sites where remediation has not been completed:

(1) Sampling and assessment of contaminated areas.

(2) Characterization of site conditions.

Ordered, That time for debate be (3) Determination of the nature and extent of equally divided among Messrs. PACKcontamination.

ARD, SHUSTER, and VISCLOSKY. (4) Selection of the necessary and appropriate

When said conference report was conresponse actions as the lead Federal agency.

sidered. (5) Cleanup and closeout of sites.

After debate, (6) Any other functions and activities determined by the Secretary of the Army, acting

By unanimous consent, the previous through the Chief of Engineers, as necessary for

question was ordered on the conference carrying out that program, including the acqui report to its adoption or rejection. sition of real estate interests where necessary, The question being put, which may be transferred upon completion of Will the House agree to said conremediation to the administrative jurisdiction of ference report? the Secretary of Energy.

The SPEAKER pro

pro tempore, Mr. (b) Any response action under that program

LAHOOD, announced that pursuant to by the Secretary of the Army, acting through

clause 10 of rule XX the yeas and nays the Chief of Engineers, shall be subject to the Comprehensive Environmental Response, Com

were ordered. pensation, and Liability Act of 1980 (42 U.S.C. The SPEAKER pro tempore, Mr. 9601 et seq.) (in this section referred to as LAHOOD, pursuant to clause 5, rule I, "CERCLA"), and the National Oil and Haz announced that further proceedings on ardous Substances Pollution Contingency Plan the conference report were postponed. (40 CFR part 300).

(c) Any Sums recovered under CERCLA or (102.28 H. CON. RES. 187—UNFINISHED other authority from a liable party, contractor, BUSINESS insurer, surety, or other person for any expenditures by the Army Corps of Engineers or the De

The SPEAKER pro tempore, Mr. partment of Energy for response actions under LAHOOD, pursuant to clause 8, rule that program shall be credited to the amounts XX, announced the unfinished business made available to carry out that program and to be the motion to suspend the rules shall be available until expended for costs of re and agree to the concurrent resolution sponse actions for any eligible site.

(H. Con. Res. 187) expressing the sense (d) The Secretary of Energy may exercise the

of Congress regarding the European authority under section 168 of the Atomic En

Council noise rule affecting hushkitted ergy Act of 1954 (42 U.S.C. 2208) to make payments in lieu of taxes for federally owned prop

and reengined aircraft; as amended. erty at which activities under that program are

The question being put, carried out, regardless of which Federal agency Will the House suspend the rules and has administrative jurisdiction over the property agree to said concurrent resolution, as and notwithstanding any reference to "the ac amended? tivities of the Commissionin that section.

The vote was taken by electronic de(e) This section does not alter, curtail, or limit

vice. the authorities, functions, or responsibilities of

It was decided in the

402 other agencies under CERCLA or, except as

affirmative ..... stated in this section, under the Atomic Energy

Nays

2 Act of 1954 (42 U.S.C. 2011 et seq.).

f102.29

[Roll No. 448] (f) This section shall apply to fiscal year 2000 and each succeeding fiscal year.

YEAS—402 This Act may be cited as the Energy and Abercrombie Burr

DeMint Water Development Appropriations Act, 2000. Ackerman

Burton

Deutsch
And the Senate agree to the same.

Aderholt
Buyer

Diaz-Balart
Allen

Callahan
RON PACKARD,

Dickey
Andrews
Calvert

Dicks
HAROLD ROGERS,

Archer
Camp

Dingell
JOE KNOLLENBERG,

Armey
Campbell

Dixon
RODNEY P.

Bachus
Canady

Doggett
FRELINGHUYSEN,

Baird
Capps

Dooley
SONNY CALLAHAN,

Baker
Capuano

Doolittle
Baldacci

Cardin
TOM LATHAM,

Doyle
Baldwin
Castle

Dreier
ROY BLUNT,

Ballenger
Chabot

Duncan
BILL YOUNG,

Barcia
Chambliss

Dunn
PETER VISCLOSKY,

Barr
Clay

Edwards
CHET EDWARDS,
Barrett (NE) Clayton

Ehlers
ED PASTOR,
Barrett (WI) Clement

Ehrlich
MIKE FORBES,

Bartlett
Clyburn

Emerson
Barton
DAVE OBEY,

Coble

Engel
Bass
Coburn

English
Managers on the Part of the House.

Bateman
Collins

Eshoo
PETE DOMENICI,

Becerra
Combest

Etheridge
THAD COCHRAN,

Bentsen
Condit

Evans
Bereuter
SLADE GORTON,

Conyers

Everett
Berkley
Cook

Ewing
MITCH MCCONNELL,

Berry
Cooksey

Farr
ROBERT F. BENNETT,

Biggert
Costello

Filner
CONRAD BURNS,

Bilbray
Cox

Fletcher
LARRY E. CRAIG,

Bilirakis
Coyne

Foley
TED STEVENS,
Blagojevich Cramer

Forbes
HARRY REID,

Bliley
Crane

Ford
Blumenauer
ROBERT C. BYRD,

Crowley

Fossella
Blunt
Cubin

Fowler
ERNEST F. HOLLINGS,

Boehlert

Cummings Frank (MA) PATTY MURRAY,

Boehner

Cunningham Franks (NJ)
HERB KOHL,

Bonilla
Danner

Frelinghuysen
BYRON L. DORGAN,

Bono
Davis (FL)

Frost
DANIEL INOUYE,

Borski
Davis (IL)

Gallegly
Managers on the Part of the Senate.

Boswell

Davis (VA) Ganske
Boucher
Deal

Gejdenson Pending consideration of the con Boyd

DeFazio

Gekas ference report,

Brady (PA)
DeGette

Gephardt
Brady (TX) Delahunt

Gibbons
On demand of Mr. SHUSTER, pursu-

Brown (OH) DeLauro

Gilchrest ant to clause 8(d)(2), rule XXII,

Bryant
DeLay

Gillmor

Yeas ......

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