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National
United States
Public Law 106-60 Energy and Water Development Appropriations Act 2000





[[Page 113 STAT. 483]]

Public Law 106-60
106th Congress

An Act



Making appropriations for energy and water development for the fiscal
year ending September 30, 2000, and for other purposes. <<NOTE: Sept.
29, 1999 - [H.R. 2605]>>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Energy and Water
Development Appropriations Act, 2000.>> That the following sums are
appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2000, for energy
and water development, 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, $161,994,000, to remain available until expended:
Provided, That the Secretary of the Army, acting through the Chief of
Engineers, is directed to use the remaining unobligated funds
appropriated in Public Law 102-377 for the Red River Waterway,
Shreveport, Louisiana, to Daingerfield, Texas, project for the
feasibility phase of the Red River Navigation, Southwest Arkansas,
study.

Construction, General

For the prosecution of river and harbor, flood control, shore
protection, and related projects authorized by laws; and detailed
studies, and plans and specifications, of projects (including those for
development with participation or under consideration for

[[Page 113 STAT. 484]]

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),
$1,400,722,000, to remain available until expended, of which such sums
as are necessary for the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities program shall
be derived from the Harbor Maintenance Trust Fund, as authorized by
Public Law 104-303; and of which such sums as are necessary pursuant to
Public Law 99-662 shall be derived from the Inland Waterways Trust Fund,
for one-half of the costs of construction and rehabilitation of inland
waterways projects, including rehabilitation costs for the Lock and Dam
25, Mississippi River, Illinois and Missouri; Lock and Dam 14,
Mississippi River, Iowa; Lock and Dam 24, Mississippi River, Illinois
and Missouri; and Lock and Dam 3, Mississippi River, Minnesota; London
Locks and Dam; Kanawha River, West Virginia; and Lock and Dam 12,
Mississippi River, Iowa, projects; and of which funds are provided for
the following projects in the amounts specified:
Indianapolis Central Waterfront, Indiana, $8,000,000;
Harlan/Clover Fork including grading and landscaping of the
disposal site at the Harlan floodwall, Pike County, Middlesboro,
Martin County, Pike County Tug Forks Tributaries, Bell County,
Harlan County, and Town of Martin elements of the Levisa and Tug
Forks of the Big Sandy River and Upper Cumberland River project
in Kentucky, $14,050,000;
Jackson County, Mississippi, $800,000;
Natchez Bluff, Mississippi, $2,000,000;
Passaic River Streambank Restoration, New Jersey,
$6,000,000; and
Upper Mingo County (including Mingo County Tributaries),
Lower Mingo County (Kermit), Wayne County, and McDowell County,
elements of the Levisa and Tug Forks of the Big Sandy River and
Upper Cumberland River project in West Virginia, $4,400,000:

Provided, That no part of any appropriation contained in this Act shall
be expended or obligated to begin Phase II on the John Day Drawdown
study or to initiate a study of the drawdown of McNary Dam unless
authorized by law: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, may use $1,500,000 of funding
appropriated herein to initiate construction of shoreline protection
measures at Assateague Island, Maryland, subject to execution of an
agreement for reimbursement by the National Park Service: Provided
further, <<NOTE: Reports.>> 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

[[Page 113 STAT. 485]]

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.

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), $309,416,000, to remain available until
expended.

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
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 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.

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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 single-level appeal
of jurisdictional determinations: Provided further, <<NOTE: Reports.>>
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 Engineers--Civil

Sec. 101. Notwithstanding any other provisions of law, no fully
allocated funding policy shall be applied to projects for which

[[Page 113 STAT. 487]]

funds are identified in the Committee reports accompanying this Act
under the Construction, General; Operation and Maintenance, General; and
Flood Control, Mississippi River and Tributaries, appropriation
accounts: Provided, That the Secretary of the Army, acting through the
Chief of Engineers, is directed to undertake these projects using
continuing contracts, as authorized in section 10 of the Rivers and
Harbors Act of September 22, 1922 (33 U.S.C. 621).
Sec. 102. Agreements proposed for execution by the Assistant
Secretary of the Army for Civil Works or the United States Army Corps of
Engineers after the date of the enactment of this Act pursuant to
section 4 of the Rivers and Harbor Act of 1915, Public Law 64-291;
section 11 of the River and Harbor Act of 1925, Public Law 68-585; the
Civil Functions Appropriations Act, 1936, Public Law 75-208; section 215
of the Flood Control Act of 1968, as amended, 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. 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.

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Bureau of Reclamation

The following appropriations shall be expended to execute authorized
functions of the Bureau of Reclamation:

water and related resources

(including transfer of funds)

For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, Indian tribes, and others,
$607,927,000, to remain available until expended, of which $2,247,000
shall be available for transfer to the Upper 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. 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 by Public Law 104-206, <<NOTE: 43 USC 2241.>>
is amended further by inserting ``1999, and 2000'' in 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 102-575, and Public Law 105-245, is increased by
$1,000,000 (October 1998 prices).

bureau of reclamation loan program account

For the cost of direct loans and/or grants, $12,000,000, to remain
available until expended, as authorized by the 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 $43,000,000.
In addition, for administrative expenses necessary to carry out the
program for direct loans and/or grants, $425,000, to remain

[[Page 113 STAT. 489]]

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
cost-sharing 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

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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,

[[Page 113 STAT. 491]]

to be derived from the Fund, to remain available until expended:
Provided, That $30,000,000 of amounts derived from the Fund for such
expenses shall be available in accordance with title X, subtitle A, of
the Energy Policy Act of 1992.

Science

For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, 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, <<NOTE: Deadline. Nevada. Certification.>> 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

[[Page 113 STAT. 492]]

of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such
increases in cost of work are offset by revenue increases of the same or
greater amount, to remain available until expended: Provided further,
That moneys received by the Department for miscellaneous revenues
estimated to total $106,887,000 in fiscal year 2000 may be retained and
used for operating expenses within this account, and may remain
available until expended, as 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.

[[Page 113 STAT. 493]]

Defense Facilities Closure Projects

For expenses of the Department of Energy to accelerate the closure
of defense environmental management sites, including the purchase,
construction and acquisition of plant and capital 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 defense activities,
in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $1,722,444,000, to remain
available until expended: Provided, That not to exceed $5,000 may be
used for official reception and representation expenses for
transparency, national security and nonproliferation activities.

Defense Nuclear Waste Disposal

For nuclear waste disposal activities to carry out the purposes of
Public Law 97-425, as amended, including the acquisition of real
property or facility construction or expansion, $112,000,000, to remain
available until expended.

POWER MARKETING ADMINISTRATIONS

Bonneville Power Administration Fund

Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for the
Northeast Oregon Hatchery Master Plan, and for official reception and
representation expenses in an amount not to exceed $1,500.
During fiscal year 2000, no new direct loan obligations may be made.

Operation and Maintenance, Southeastern Power Administration

For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant to the
provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C.
825s), as applied to the southeastern power area, $11,594,000; in
addition, notwithstanding the provisions of 31

[[Page 113 STAT. 494]]

U.S.C. 3302, not to exceed $28,000,000 in reimbursements for
transmission wheeling and ancillary services and for power purchases, to
remain available until expended.

Operation and Maintenance, Southwestern Power Administration

(including transfer of funds)

For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy, and
for construction and acquisition of transmission lines, 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, $28,773,000, to remain available until expended, of which
$773,000 shall be derived by transfer from unobligated balances in
``Operation and Maintenance, Southeastern Power Administration''; in
addition, notwithstanding the provisions of 31 U.S.C. 3302, not to
exceed $4,200,000 in reimbursements, to remain available until expended.

Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration

For 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, $193,357,000, to remain
available until expended, of which $182,172,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That of the
amount herein appropriated, $5,036,000 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.

Falcon and Amistad Operating and Maintenance Fund

For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $1,309,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 423 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.

Federal Energy Regulatory Commission

salaries and expenses

For necessary expenses of the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C.
3109, the hire of passenger motor vehicles, and official reception and
representation expenses (not to exceed $3,000), $174,950,000, to remain
available until expended: Provided, <<NOTE: 42 USC 7171 note.>> That
notwithstanding any other provision of law, not to exceed

[[Page 113 STAT. 495]]

$174,950,000 of revenues from fees and annual charges, and other
services and collections in fiscal year 2000 shall be retained and used
for necessary expenses in this account, and shall remain available until
expended: Provided further, That the sum herein appropriated from the
General Fund shall be reduced as revenues are received during fiscal
year 2000 so as to result in a final fiscal year 2000 appropriation from
the General Fund estimated at not more than $0.

GENERAL PROVISIONS

Sec. 301. (a) None of the funds appropriated by this Act may be used
to award a management and operating contract unless such contract is
awarded using competitive procedures or the 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) <<NOTE: Reports.>> 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. (a) None of the funds appropriated by this Act may be used
to award, amend, or modify a contract in a manner that deviates from the
Federal Acquisition Regulation, unless the Secretary of Energy grants,
on a case-by-case basis, a waiver to allow for such a deviation. The
Secretary may not delegate the authority to grant such a waiver.
(b) <<NOTE: Reports.>> 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. 303. None of the funds appropriated by this Act may be used
to--
(1) develop or implement a workforce restructuring plan that
covers employees of the Department of Energy; or
(2) provide enhanced severance payments or other benefits
for employees of the Department of Energy,

under section 3161 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 7274h).
Sec. 304. None of the funds appropriated by this Act may be used to
augment the $24,500,000 made available 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).
Sec. 305. None of the funds appropriated by this Act may be used to
prepare or initiate Requests For Proposals (RFPs) for a program if the
program has not been funded by Congress.

[[Page 113 STAT. 496]]

(transfers of unexpended balances)

Sec. 306. 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. 307. Notwithstanding 41 U.S.C. 254c(a), the Secretary of Energy
may use funds appropriated by this Act to enter into or continue multi-
year contracts for the acquisition of property or services under the
head, ``Energy Supply'' without obligating the estimated costs
associated with any necessary cancellation or termination of the
contract. The Secretary of Energy may pay costs of termination or
cancellation from--
(1) appropriations originally available for the performance
of the contract concerned;
(2) appropriations currently available for procurement of
the type of property or services concerned, and not otherwise
obligated; or
(3) funds appropriated for those payments.

Sec. 308. Of the funds in this Act provided to government-owned,
contractor-operated laboratories, not to exceed 4 percent shall be
available to be used for Laboratory Directed Research and Development:
Provided, That none of the funds in the Environmental Management
programs are available for Laboratory Directed Research and Development.
Sec. 309. (a) Of the funds appropriated by this title to the
Department of Energy, not more than $150,000,000 shall be available for
reimbursement of management and operating contractor 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.
Sec. 310. <<NOTE: 42 USC 7257 note.>> (a) None of the funds in this
Act or any future Energy and Water Development Appropriations Act may be
expended after December 31 of each year under a covered contract unless
the funds are expended in accordance with a Laboratory Funding Plan that
has been approved by the Secretary of Energy. At the
beginning <<NOTE: Effective date.>> of each fiscal year, the Secretary
shall issue directions to the laboratories for the programs, projects,
and activities to be conducted in that fiscal year. The Secretary and
the Laboratories shall devise a Laboratory Funding Plan that identifies
the resources needed to carry out these programs, projects, and
activities. Funds shall be released to the Laboratories only after the
Secretary has approved the Laboratory Funding Plan. The Secretary of
Energy may provide exceptions to this requirement as the Secretary
considers appropriate.

[[Page 113 STAT. 497]]

(b) For purposes of this section, ``covered contract'' means a
contract for the management and operation of the following laboratories:
Argonne National Laboratory, Brookhaven National Laboratory, Idaho
National Engineering and Environmental Laboratory, Lawrence Berkeley
National Laboratory, Lawrence Livermore National Laboratory, Los Alamos
National Laboratory, Oak Ridge National Laboratory, Pacific Northwest
National Laboratory, and Sandia National Laboratories.
Sec. 311. As part of the Department of Energy's approval of
laboratory funding for prime contractors responsible for management of
Department of Energy sites and facilities, the Secretary shall review
and approve the incentive structure for contractor fees, the amounts of
award fees to be made available for next year, the allowable salaries of
first and second tier laboratory management, and the overhead
expenditures. The Secretary of Energy may provide exceptions to this
requirement as the Secretary considers appropriate.
Sec. 312. None of the funds provided in this Act may be used to
establish or maintain independent centers at a Department of Energy
laboratory or facility unless such funds have been 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. <<NOTE: Certification.>> 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 Act or any other Act, not to exceed such
amounts the Administrator forecasts will be expended during the fiscal
year 2002-2006 rate period, while preserving the Administrator's ability
to establish appropriate reserves and maintain a high Treasury payment
probability for the subsequent rate period.''.

[[Page 113 STAT. 498]]

TITLE IV

INDEPENDENT AGENCIES

APPALACHIAN REGIONAL COMMISSION

For <<NOTE: 40 USC app. 401 note.>> 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 Reorganization Act of 1974, as amended, and the
Atomic Energy Act of 1954, as amended, including official representation
expenses (not to exceed $15,000), $465,000,000, to remain available
until expended: Provided, That of the amount appropriated herein,
$19,150,000 shall be derived from the Nuclear Waste Fund: Provided
further, That revenues from licensing fees, inspection services, and
other services and collections estimated at $442,000,000 in fiscal year
2000 shall be retained and used for necessary salaries and expenses in
this account, notwithstanding 31 U.S.C. 3302, and shall remain available
until expended: Provided further, That $3,850,000 of the funds herein
appropriated for 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,

[[Page 113 STAT. 499]]

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 andExpenses (continued)