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H.R. 2606 (eas) [Engrossed Amendment Senate] ...


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                                                 Union Calendar No. 147
106th CONGRESS
  1st Session
                                H. R. 2605

                          [Report No. 106-253]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 23, 1999

    Mr. Packard, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
 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, 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, $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.

                         Construction, General

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

 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, 702g-1), $313,324,000, 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, 
$1,888,481,000, 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.

                           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, 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 the Secretary of 
the Army, acting through the Chief of Engineers, has submitted the 
aforementioned report 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.

            Formerly Utilized Sites Remedial Action Program

                     (including transfer of funds)

    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: Provided, That the United States Army Corps 
of Engineers under this program shall undertake the following functions 
and activities to be performed at eligible sites where remediation has 
not been completed: sampling and assessment of contaminated areas, 
characterization of site conditions, determination of the nature and 
extent of contamination, selection of the necessary and appropriate 
response actions as the lead Federal agency, cleanup and closeout of 
sites, and any other functions and activities determined by the Chief 
of Engineers as necessary for carrying out this program, including the 
acquisition of real estate interests where necessary, which may be 
transferred upon completion of remediation to the administrative 
jurisdiction of the Department of Energy: Provided further, That 
response actions by the United States Army Corps of Engineers under 
this program shall be subject to the Comprehensive Environmental 
Response, Compensation and Liability Act (42 U.S.C. 9601 et seq.), and 
the National Oil and Hazardous Substances Pollution Contingency Plan, 
40 CFR, Chapter 1, Part 300: Provided further, That these provisions do 
not alter, curtail or limit the authorities, functions or 
responsibilities of other agencies under CERCLA or, except as stated 
herein, under the Atomic Energy Act (42 U.S.C. 2011 et seq.): Provided 
further, That 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 the Formerly Utilized Sites Remedial Action 
Program shall be credited to this account and will be available until 
expended for response action costs for any eligible site: Provided 
further, That the Secretary of Energy may exercise the authority of 42 
U.S.C. 2208 to make payments in lieu of taxes for Federally-owned 
property where Formerly Utilized Sites Remedial Action Program 
activities are conducted, regardless of which Federal agency has 
administrative jurisdiction over the property and notwithstanding 
references to ``the activities of the Commission'' in 42 U.S.C. 2208: 
Provided further, That the unexpended balances of prior appropriations 
provided for these activities in this Act or any previous Energy and 
Water Development Appropriations Act may be transferred to and merged 
with this appropriation account, and thereafter, may be accounted for 
as one fund for the same time period as originally enacted.

                            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; $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.

                        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.

                                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, $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.
    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.

                         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, 
$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.

               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 
available until expended: Provided, That of the total sums 

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