Home > 106th Congressional Bills > H.R. 2605 (rds) Making appropriations for energy and water development for the fiscal year ending September 30, 2000, and for other purposes. [Received in the Senate] ...

H.R. 2605 (rds) Making appropriations for energy and water development for the fiscal year ending September 30, 2000, and for other purposes. [Received in the Senate] ...


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106th CONGRESS
  1st Session
                                H. R. 2605


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 1999

    Ordered to be printed with the amendments of the Senate numbered

_______________________________________________________________________

                                 AN ACT


 
 Making appropriations for energy and water development for the fiscal 
        year ending September 30, 2000, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
(1)<DELETED>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:

                       <DELETED>TITLE I</DELETED>

            <DELETED>DEPARTMENT OF DEFENSE--CIVIL</DELETED>

               <DELETED>DEPARTMENT OF THE ARMY</DELETED>

              <DELETED>Corps of Engineers--Civil</DELETED>

<DELETED>    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.</DELETED>

               <DELETED>General Investigations</DELETED>

<DELETED>    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, $158,993,000, 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.</DELETED>

                <DELETED>Construction, General</DELETED>

<DELETED>    For the prosecution of river and harbor, flood control, 
shore protection, and related projects authorized by laws; and detailed 
studies, and plans and specifications, of projects (including those for 
development with participation or under consideration for participation 
by States, local governments, or private groups) authorized or made 
eligible for selection by law (but such studies shall not constitute a 
commitment of the Government to construction), $1,412,591,000, 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:</DELETED>
        <DELETED>    Indianapolis Central Waterfront, Indiana, 
        $10,991,000;</DELETED>
        <DELETED>    Harlan/Clover Fork, 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; and</DELETED>
        <DELETED>    Passaic River Streambank Restoration, New Jersey, 
        $8,000,000.</DELETED>

 <DELETED>Flood Control, Mississippi River and Tributaries, Arkansas, 
       Illinois, Kentucky, Louisiana, Mississippi, Missouri, and 
                          Tennessee</DELETED>

<DELETED>    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), $313,324,000, to remain available until 
expended.</DELETED>

         <DELETED>Operation and Maintenance, General</DELETED>

<DELETED>    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, 
$1,888,481,000, 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.</DELETED>

                 <DELETED>Regulatory Program</DELETED>

<DELETED>    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, the results 
of which shall be considered final agency action under the 
Administrative Procedures Act: Provided further, That the Secretary of 
the Army, acting through the Chief of Engineers, shall, using funds 
provided herein, prepare studies and analyses of the impacts on 
Regulatory Branch workload and on cost of compliance by the regulated 
community of proposed replacement permits for the nationwide permit 26 
under section 404 of the Clean Water Act: Provided further, That none 
of the funds made available under this Act may be used by the Secretary 
of the Army to promulgate or implement such replacement permits unless 
and until 30 days prior to the final publication of the proposed 
replacement permits for the nationwide permit 26 under section 404 of 
the Clean Water Act the Secretary of the Army, acting through the Chief 
of Engineers, has submitted the aforementioned studies and analyses not 
later than December 30, 1999 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: Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, shall not terminate the current 
nationwide permit 26 unless and until the aforementioned report has 
been submitted 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.</DELETED>

   <DELETED>Formerly Utilized Sites Remedial Action Program</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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.</DELETED>

                  <DELETED>General Expenses</DELETED>

<DELETED>    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, $148,000,000, to remain available until 
expended: Provided, That no part of any other appropriation provided in 
title I of this Act shall be available to fund the activities of the 
Office of the Chief of Engineers or the executive direction and 
management activities of the division offices: Provided further, That 
none of these funds shall be available to support an office of 
congressional affairs within the executive office of the Chief of 
Engineers: Provided further, That none of these funds shall be used to 
support more than one regional office in each Corps of Engineers 
division, which office shall serve as divisional 
headquarters.</DELETED>

              <DELETED>Administrative Provision</DELETED>

<DELETED>    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.</DELETED>

                      <DELETED>TITLE II</DELETED>

             <DELETED>DEPARTMENT OF THE INTERIOR</DELETED>

                <DELETED>Central Utah Project</DELETED>

       <DELETED>central utah project completion account</DELETED>

<DELETED>    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, $35,907,000, 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.</DELETED>
<DELETED>    In addition, for necessary expenses incurred in carrying 
out related responsibilities of the Secretary of the Interior, 
$1,283,000, to remain available until expended.</DELETED>

                <DELETED>Bureau of Reclamation</DELETED>

<DELETED>    The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation:</DELETED>

             <DELETED>water and related resources</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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, $604,910,000, 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.</DELETED>

     <DELETED>bureau of reclamation loan program account</DELETED>

<DELETED>    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.</DELETED>
<DELETED>     In addition, for administrative expenses necessary to 
carry out the program for direct loans and/or grants, $425,000, to 
remain available until expended: Provided, That of the total sums 
appropriated, the amount of program activities that can be financed by 
the Reclamation Fund shall be derived from that Fund.</DELETED>

       <DELETED>central valley project restoration fund</DELETED>

<DELETED>    For carrying out the programs, projects, plans, and 
habitat restoration, improvement, and acquisition provisions of the 
Central Valley Project Improvement Act, $47,346,000, 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.</DELETED>

          <DELETED>california bay-delta restoration</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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 storage, 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, $75,000,000, to remain available until expended, of 
which $45,000,000 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 $7,000,000 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 

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