H.R. 4733 (rfs) Making appropriations for energy and water development for the fiscal year ending September 30, 2001, and for other purposes. [Referred in Senate] ...

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106th CONGRESS
  2d Session
                                H. R. 4733


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 7, 2000

    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, 2001, 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, 2001, 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, $153,327,000, to remain available until expended: 
Provided, That in conducting the Southwest Valley Flood Damage 
Reduction, Albuquerque, New Mexico, study, the Secretary of the Army, 
acting through the Chief of Engineers, shall include an evaluation of 
flood damage reduction measures that would otherwise be excluded from 
feasibility analysis based on restrictive policies regarding the 
frequency of flooding, the drainage area, and the amount of 
runoff.</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), $1,378,430,000, 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 12, Mississippi 
River, Iowa; Lock and Dam 24, Mississippi River, Illinois and Missouri; 
Lock and Dam 3, Mississippi River, Minnesota; and London Locks and Dam, 
and Kanawha River, West Virginia, projects; and of which funds are 
provided for the following projects in the amounts specified:</DELETED>
<DELETED>    San Timoteo Creek (Santa Ana River Mainstem), California, 
$5,000,000;</DELETED>
<DELETED>    Indianapolis Central Waterfront, Indiana, 
$7,000,000;</DELETED>
<DELETED>    Southern and Eastern Kentucky, Kentucky, $4,000,000; 
and</DELETED>
<DELETED>    Clover Fork, Middlesboro, Town of Martin, Pike County 
(including Levisa Fork and Tug Fork Tributaries), Bell County, Martin 
County, and Harlan County, Kentucky, elements of the Levisa and Tug 
Forks of the Big Sandy River and Upper Cumberland River, Kentucky, 
$19,000,000: Provided, That the Secretary of the Army, acting through 
the Chief of Engineers, is directed to proceed with planning, 
engineering, design and construction of the Town of Martin, Kentucky, 
element, in accordance with Plan A as set forth in the preliminary 
draft Detailed Project Report, Appendix T of the General Plan of the 
Huntington District Commander: Provided further, That using $900,000 of 
the funds appropriated herein, the Secretary of the Army, acting 
through the Chief of Engineers, is directed to undertake the Bowie 
County Levee project, which is defined as Alternative B Local Sponsor 
Option, in the Corps of Engineers document entitled Bowie County Local 
Flood Protection, Red River, Texas, Project Design Memorandum No. 1, 
Bowie County Levee, dated April 1997.</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), $323,350,000, 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, 
$1,854,000,000, 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, 
$125,000,000, to remain available until expended: Provided, That the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to use funds appropriated herein to: (1) by March 1, 2001, 
supplement the report, Cost Analysis For the 1999 Proposal to Issue and 
Modify Nationwide Permits, to reflect the Nationwide Permits actually 
issued on March 9, 2000, including changes in the acreage limits, 
preconstruction notification requirements and general conditions 
between the rule proposed on July 21, 1999, and the rule promulgated 
and published in the Federal Register; (2) after consideration of the 
cost analysis for the 1999 proposal to issue and modify nationwide 
permits and the supplement prepared pursuant to this Act and by 
September 30, 2001, prepare, submit to Congress and publish in the 
Federal Register a Permit Processing Management Plan by which the Corps 
of Engineers will handle the additional work associated with all 
projected increases in the number of individual permit applications and 
preconstruction notifications related to the new and replacement 
permits and general conditions. The Permit Processing Management Plan 
shall include specific objective goals and criteria by which the Corps 
of Engineers' progress towards reducing any permit backlog can be 
measured; (3) beginning on December 31, 2001, and on a biannual basis 
thereafter, report to Congress and publish in the Federal Register, an 
analysis of the performance of its program as measured against the 
criteria set out in the Permit Processing Management Plan; (4) 
implement a 1-year pilot program to publish quarterly on the U.S. Army 
Corps of Engineer's Regulatory Program website all Regulatory Analysis 
and Management Systems (RAMS) data for the South Pacific Division and 
North Atlantic Division beginning within 30 days of the enactment of 
this Act; and (5) publish in Division Office websites all findings, 
rulings, and decisions rendered under the administrative appeals 
process for the Corps of Engineers Regulatory Program as established in 
Public Law 106-60: Provided further, That, through the period ending on 
September 30, 2003, the Corps of Engineers shall allow any appellant to 
keep a verbatim record of the proceedings of the appeals conference 
under the aforementioned administrative appeals process: Provided 
further, That within 30 days of the enactment of this Act, the 
Secretary of the Army, acting through the Chief of Engineers, shall 
require all U.S. Army Corps of Engineers Divisions and Districts to 
record the date on which a Section 404 individual permit application or 
nationwide permit notification is filed with the Corps of Engineers: 
Provided further, That the Corps of Engineers, when reporting permit 
processing times, shall track both the date a permit application is 
first received and the date the application is considered complete, as 
well as the reason that the application is not considered complete upon 
first submission.</DELETED>

   <DELETED>Formerly Utilized Sites Remedial Action Program</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, $140,000,000, to 
remain available until expended.</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, $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.</DELETED>

                   <DELETED>Revolving Fund</DELETED>

<DELETED>    Amounts in the Revolving Fund are available for the costs 
of relocating the U.S. Army Corps of Engineers headquarters to office 
space in the General Accounting Office headquarters building in 
Washington, D.C.</DELETED>

              <DELETED>Administrative Provisions</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>GENERAL PROVISIONS</DELETED>

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

<DELETED>    Sec. 101. 16 U.S.C. 777c(a) is amended in the second 
sentence by striking ``2000'' and inserting ``2001''.</DELETED>
<DELETED>    Sec. 102. (a) The Secretary of the Army shall enter into 
an agreement with the City of Grand Prairie, Texas, wherein the City 
agrees to assume all of the responsibilities of the Trinity River 
Authority of Texas under Contract No. DACW63-76-C-0166, other than 
financial responsibilities, except as provided for in subsection (c) of 
this section. The Trinity River Authority shall be relieved of all of 
its financial responsibilities under the Contract as of the date the 
Secretary of the Army enters into the agreement with the 
City.</DELETED>
<DELETED>    (b) In consideration of the agreement referred to in 
subsection (a), the City shall pay the Federal Government a total of 
$4,290,000 in two installments, one in the amount of $2,150,000, which 
shall be due and payable no later than December 1, 2000, and one in the 
amount of $2,140,000, which shall be due and payable no later than 
December 1, 2003.</DELETED>
<DELETED>    (c) The agreement executed pursuant to subsection (a) 
shall include a provision requiring the City to assume all costs 
associated with operation and maintenance of the recreation facilities 
included in the Contract referred to in that subsection.</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, $38,724,000, to remain available until 
expended, of which $19,158,000 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 $14,158,000 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, 
$1,216,000, 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, $635,777,000, to remain available until 
expended, of which $1,916,000 shall be available for transfer to the 
Upper Colorado River Basin Fund and $39,467,000 shall be available for 
transfer to the Lower Colorado River Basin Development Fund; of which 
such amounts as may be necessary may be advanced to the Colorado River 
Dam Fund; and of which not to exceed $200,000 is for financial 
assistance for the preparation of cooperative drought contingency plans 
under title II of Public Law 102-250: 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. 

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