Text: H.R.2605 — 106th Congress (1999-2000)All Information (Except Text)

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Public Law No: 106-60 (09/29/1999)

 
[106th Congress Public Law 60]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ060.106]


[[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.

[[Page 113 STAT. 486]]

                           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.

[[Page 113 STAT. 488]]

                          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

[[Page 113 STAT. 490]]

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 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;

[[Page 113 STAT. 500]]

            Anacostia River (Section 1135), Maryland, $1,534,000;
            Sowashee Creek, Meridian, Mississippi, $2,537,000;
            Platte River Flood and Streambank Erosion Control, Nebraska, 
        $1,409,000;
            Rochester Harbor, New York, $1,842,000;
            Columbia River, Seafarers Museum, Hammond, Oregon, $98,000; 
        and
            Quonset Point, Davisville, Rhode Island, $120,000.

                          DEPARTMENT OF ENERGY

      Operation and Maintenance, Southeastern Power Administration

                              (rescission)

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and prior Energy and Water Development Acts, $3,000,000, are rescinded.

                         Nuclear Waste Disposal

                              (rescission)

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$4,000,000 is rescinded, to be derived from the amount specified under 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

                      TITLE VI--GENERAL PROVISIONS

    Sec. 601. None of the funds appropriated by this Act may be used in 
any way, directly or indirectly, to influence congressional action on 
any legislation or appropriation matters pending before Congress, other 
than to communicate to Members of Congress as described in section 1913 
of title 18, United States Code.
    Sec. 602. (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the Congress that, to the greatest extent practicable, 
all equipment and products purchased with funds made available in this 
Act should be American-made.
     (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
     (c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to receive 
any contract or subcontract made with funds made available in this Act, 
pursuant to the debarment, suspension, and ineligibility procedures 
described in sections 9.400 through 9.409 of title 48, Code of Federal 
Regulations.

[[Page 113 STAT. 501]]

    Sec. 603. (a) None of the funds appropriated or otherwise made 
available by this Act may be used to determine the final point of 
discharge for the interceptor drain for the San Luis Unit until 
development by the Secretary of the Interior and the State of California 
of a plan, which shall conform to the water quality standards of the 
State of California as approved by the Administrator of the 
Environmental Protection Agency, to minimize any detrimental effect of 
the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program and the 
costs of the San Joaquin Valley Drainage Program shall be classified by 
the Secretary of the Interior as reimbursable or nonreimbursable and 
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment 
Plan'' described in the report entitled ``Repayment Report, Kesterson 
Reservoir Cleanup Program and San Joaquin Valley Drainage Program, 
February 1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United States 
relating to, or providing for, drainage service or drainage studies for 
the San Luis Unit shall be fully reimbursable by San Luis Unit 
beneficiaries of such service or studies pursuant to Federal Reclamation 
law.
    Sec. 604. 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, 1999'' and 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, <<NOTE: 112 Stat. 2681-660.>>  is repealed.

    Sec. 606. Section 211(e)(2)(A) of the Water Resources Development 
Act of 1996 (Public Law 104-303, 110 Stat. 3682) <<NOTE: 33 USC 701b-
13.>>  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 2000'' and 
inserting ``fiscal year 2002''.
    (b) Investment of Amounts in the United States Enrichment 
Corporation Fund.--
            (1) In general.--The Secretary of the Treasury shall invest 
        such portion of the United States Enrichment Corporation Fund as 
        is not, in the judgment of the 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.

[[Page 113 STAT. 502]]

            (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 reclamation'' of the fifth section of the Interior Department 
Appropriation Act, 1942 (55 Stat. 334, chapter 259) for the Boise 
Project, Idaho, Payette division, is redesignated as ``Lake Cascade''.
    (b) References.--Any reference in any law, regulation, document, 
record, map, or other paper of the United States to ``Cascade 
Reservoir'' shall be considered to be a reference to ``Lake Cascade''.
    Sec. 610. Section 4(h)(10)(D) of the Pacific Northwest Electric 
Power Planning and Conservation Act (16 U.S.C. 839b(h)(10)(D)) is 
amended by striking clauses (vii) and (viii) and inserting the 
following:
    ``(vii) Cost limitation.--The annual cost of this provision shall 
not exceed $500,000 in 1997 dollars.''.
    Sec. 611. <<NOTE: 10 USC 2701 note.>>  (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.
            (3) Determination of the nature and extent of contami-
        nation.
            (4) Selection of the necessary and appropriate response 
        actions as the lead Federal agency.
            (5) Cleanup and closeout of sites.
            (6) Any other functions and activities determined by the 
        Secretary of the Army, acting through the Chief of Engineers, as 
        necessary for carrying out that program, including the 
        acquisition of real estate interests where necessary, which may 
        be transferred upon completion of remediation to the 
        administrative jurisdiction of the Secretary of Energy.

    (b) Any response action under that program by the Secretary of the 
Army, acting through the Chief of Engineers, shall be subject to the 
Comprehensive Environmental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.) (in this section referred to as 
``CERCLA''), and the National Oil and Hazardous Substances Pollution 
Contingency Plan (40 CFR 300).
    (c) Any sums recovered under CERCLA or other authority from a liable 
party, contractor, insurer, surety, or other person for any expenditures 
by the Army Corps of Engineers or the Department of Energy for response 
actions under that program shall be credited to the amounts made 
available to carry out that program and shall be available until 
expended for costs of response actions for any eligible site.
    (d) The Secretary of Energy may exercise the authority under section 
168 of the Atomic Energy Act of 1954 (42 U.S.C. 2208) to make payments 
in lieu of taxes for federally owned property at which activities under 
that program are carried out, regardless

[[Page 113 STAT. 503]]

of which Federal agency has administrative jurisdiction over the 
property and notwithstanding any reference to ``the activities of the 
Commission'' in that section.
    (e) This section does not alter, curtail, or limit the authorities, 
functions, or responsibilities of other agencies under CERCLA or, except 
as stated in this section, under the Atomic Energy Act of 1954 (42 
U.S.C. 2011 et seq.).
    (f ) <<NOTE: Applicability.>>  This section shall apply to fiscal 
year 2000 and each 
succeeding fiscal year.

    This Act may be cited as the ``Energy and Water Development 
Appropriations Act, 2000''.

    Approved September 29, 1999.

LEGISLATIVE HISTORY--H.R. 2605 (S. 1186):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 106-253 (Comm. on Appropriations) and 106-336 (Comm. 
of Conference).
SENATE REPORTS: No. 106-58 accompanying S. 1186 (Comm. on 
Appropriations).
CONGRESSIONAL RECORD, Vol. 145 (1999):
            July 27, considered and passed House.
            July 28, considered and passed Senate, amended, in lieu of 
                S. 1186.
            Sept. 27, House agreed to conference report.
            Sept. 28, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999):
            Presidential statement.

                                  <all>