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

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106th CONGRESS
  2d Session
                                H. R. 4733


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 28, 2000

  Received; read twice and referred to the Committee on Appropriations

_______________________________________________________________________

                                 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,
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:

                                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, $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.

                         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), $1,378,430,000, 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:
    San Timoteo Creek (Santa Ana River Mainstem), California, 
$5,000,000;
    Indianapolis Central Waterfront, Indiana, $7,000,000;
    Southern and Eastern Kentucky, Kentucky, $4,000,000; and
    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.

 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), $323,350,000, 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, 
$1,854,000,000, 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.

                           Regulatory Program

    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.

            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, $140,000,000, 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.

                             Revolving Fund

    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.

                       Administrative Provisions

    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. 16 U.S.C. 777c(a) is amended in the second sentence by 
striking ``2000'' and inserting ``2001''.
    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.
    (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.
    (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.

                                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, $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.
    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.

                         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, 
$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. 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, is amended further by 
inserting ``2000, and 2001'' in lieu of ``and 2000'': Provided further, 
That the amount authorized for Minidoka Project North Side Pumping 
Division, Idaho, by section 5 of Public Law 81-864, is increased by 

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