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Pub.L. 106-061 Congratulating and commending the Veterans of Foreign Wars. <> ...
[[Page 113 STAT. 483]]
Public Law 106-60
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:
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
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,
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,
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
[[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
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
[[Page 113 STAT. 486]]
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.
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.
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.
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.
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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106th Congressional Public Laws Records and Documents
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