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[[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 

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