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H.R.4733
Energy and Water Development Appropriations Act, 2001 (Public
Print)
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Nuclear Waste Technical Review Board, as
authorized by Public Law 100-203, section 5051, $3,000,000, to be derived from
the Nuclear Waste Fund, and to remain available until expended.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. Presidential Energy Commission. (a) FINDINGS- Congress finds
that--
(1) crude oil and natural gas account for two-thirds of America's
energy consumption;
(2) in May 2000, United States natural gas stocks totaled 1,450
billion cubic feet, 36 percent below the normal natural gas inventory of
2,281 billion cubic feet;
(3) in July 2000, United States crude oil inventories totaled
298,000,000 barrels, 11 percent below the 24-year average of 334,000,000
barrels;
(4) in June 2000, distillate fuel (heating oil and diesel fuel)
inventories totaled 103,700,000 barrels, 26 percent below the 24-year
average of 140,000,000 barrels;
(5) combined shortages in inventories of natural gas, crude oil, and
distillate stocks, coupled with steady or increased demand, could cause
supply and price shocks that would likely have a severe impact on consumers
and the economy; and
(6) energy supply is a critical national security issue.
(b) PRESIDENTIAL ENERGY COMMISSION-
(A) IN GENERAL- The President shall establish, from among a group
of not fewer than 30 persons recommended jointly by the Speaker and
Minority Leader of the House of Representatives and the Majority Leader
and Minority Leader of the Senate, a Presidential Energy Commission
(referred to in this section as the `Commission'), which shall consist of
between 15 and 21 representatives from among the following
categories:
(i) Oil and natural gas producing States.
(ii) States with no oil or natural gas
production.
(iii) Oil and natural gas industries.
(iv) Consumer groups focused on energy issues.
(v) Environmental groups.
(vi) Experts and analysts familiar with the supply and demand
characteristics of all energy sectors.
(vii) The Energy Information Administration.
(B) TIMING- The appointments of the members of the Commission
shall be made not later than 30 days after the date of enactment of this
Act.
(C) PERIOD OF APPOINTMENT- Members shall be appointed for the life
of the Commission. Any vacancy in the Commission shall not affect its
powers, but shall be filled in the same manner as the original
appointment.
(D) CHAIRPERSON- The members of the Commission shall appoint 1 of
the members to serve as Chairperson of the Commission.
(E) INITIAL MEETING- Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its first meeting.
(F) MEETINGS- The Commission shall meet at the call of the
Chairperson.
(A) IN GENERAL- The Commission shall--
(i) conduct a study, focusing primarily on the oil and natural
gas industries, of--
(I) the status of inventories of natural gas, crude oil, and
distillate fuel in the United States, including trends and projections
for those inventories;
(II) the causes for and consequences of energy supply
disruptions and energy product shortages nationwide and in particular
regions;
(III) ways in which the United States can become less
dependent on foreign oil supplies;
(IV) ways in which the United States can better manage and
utilize its domestic energy resources;
(V) ways in which alternative energy supplies can be used to
reduce demand on traditional energy sectors;
(VI) ways in which the United States can reduce energy
consumption;
(VII) the status of, problems with, and ways to
improve--
(aa) transportation and delivery systems of energy resources to
locations throughout the United States;
(bb) refinery capacity and utilization in the United States;
and
(cc) natural gas, crude oil, distillate fuel, and other
energy-related petroleum product storage in the United States; and
(VIII) any other energy-related topic that the Commission
considers pertinent; and
(ii) not later than 180 days after the date of enactment of this
Act, submit to the President and Congress a report that
contains--
(I) a detailed statement of the findings and conclusions of
the Commission; and
(II) the recommendations of the Commission for such
legislation and administrative actions as the Commission considers
appropriate.
(B) TIME PERIOD- The findings made, analyses conducted,
conclusions reached, and recommendations developed by the Commission in
connection with the study under subparagraph (A) shall cover a period
extending 10 years beyond the date of the report.
(c) USE OF FUNDS- The Secretary of Energy shall use $500,000 of funds
appropriated to the Department of Energy to fund the Commission.
(d) TERMINATION OF COMMISSION- The Commission shall terminate on the
date that is 90 days after the date on which the Commission submits its report
under subsection (b)(2)(A)(ii).
TITLE V
FISCAL YEAR 2000 SUPPLEMENTAL APPROPRIATIONS
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
CERRO GRANDE FIRE ACTIVITIES
For necessary expenses for fiscal year 2000 to remediate damaged
Department of Energy facilities and for other expenses associated with the
Cerro Grande fire, $203,460,000, to remain available until expended and to
become available upon enactment, of which $2,000,000 shall be made available
to the United States Army Corps of Engineers to undertake immediate measures
to provide erosion control and sediment protection to sewage lines, trails,
and bridges in Pueblo and Los Alamos Canyons downstream of Diamond Drive in
New Mexico: Provided, That the entire amount shall be available only
to the extent an official budget request for $204,000,000, that includes
designation of the entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
TITLE VI
RESCISSION
DEPARTMENT OF ENERGY
Defense Nuclear Waste Disposal
(RESCISSION)
Of the funds appropriated in Public Law 104-46 for interim storage of
nuclear waste, $85,000,000 are transferred to this heading and are hereby
rescinded.
TITLE VII
GENERAL PROVISIONS
SEC. 701. None of the funds appropriated by this Act may be used in
any way, directly or indirectly, to influence congressional action on any
legislation or appropriation matters pending before Congress, other than to
communicate to Members of Congress as described in section 1913 of title 18,
United States Code.
SEC. 702. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS- It is
the sense of the Congress that, to the greatest extent practicable, all
equipment and products purchased with funds made available in this Act should
be American-made.
(b) NOTICE REQUIREMENT- In providing financial assistance to, or
entering into any contract with, any entity using funds made available in this
Act, the head of each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the statement made in
subsection (a) by the Congress.
(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABELING PRODUCTS AS
MADE IN AMERICA- If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing a `Made in
America' inscription, or any inscription with the same meaning, to any product
sold in or shipped to the United States that is not made in the United States,
the person shall be ineligible to receive any contract or subcontract made
with funds made available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400 through 9.409 of
title 48, Code of Federal Regulations.
SEC. 703. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of discharge
for the interceptor drain for the San Luis Unit until development by the
Secretary of the Interior and the State of California of a plan, which shall
conform to the water quality standards of the State of California as approved
by the Administrator of the Environmental Protection Agency, to minimize any
detrimental effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the costs
of the San Joaquin Valley Drainage Program shall be classified by the
Secretary of the Interior as reimbursable or nonreimbursable and collected
until fully repaid pursuant to the `Cleanup Program--Alternative Repayment
Plan' and the `SJVDP--Alternative Repayment Plan' described in the report
entitled `Repayment Report, Kesterson Reservoir Cleanup Program and San
Joaquin Valley Drainage Program, February 1995', prepared by the Department of
the Interior, Bureau of Reclamation. Any future obligations of funds by the
United States relating to, or providing for, drainage service or drainage
studies for the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal Reclamation
law.
SEC. 704. Section 6101(a)(3) of the Omnibus Budget Reconciliation Act
of 1990, as amended (42 U.S.C. 2214(a)(3)) and Public Law 106-60 (113 Stat.
501), is further amended by striking `September 30, 2000' and inserting
`September 30, 2001'.
SEC. 705. None of the funds appropriated by this Act shall be used to
propose or issue rules, regulations, decrees, or orders for the purpose of
implementation, or in preparation for implementation, of the Kyoto Protocol
which was adopted on December 11, 1997, in Kyoto, Japan at the Third
Conference of the Parties to the United Nations Framework Convention on
Climate Change, which has not been submitted to the Senate for advice and
consent to ratification pursuant to article II, section 2, clause 2, of the
United States Constitution, and which has not entered into force pursuant to
article 25 of the Protocol.
SEC. 706. (a) Sections 5105, 5106 and 5109 of Division B of an Act
making appropriations for military construction, family housing, and base
realignment and closure for the Department of Defense for the fiscal year
ending September 30, 2001, and for other purposes (Public Law 106-246), are
repealed.
(b) Subsection (a) shall take effect on the date of enactment of this
Act.
SEC. 707. SALE OF MINERAL RIGHTS BY THE TENNESSEE VALLEY AUTHORITY.
The Tennessee Valley Authority shall not proceed with the proposed sale of
approximately 40,000 acres of mineral rights in land within the Daniel Boone
National Forest, Kentucky, until after the Tennessee Valley Authority
completes an environmental impact statement under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 708. REPORT TO CONGRESS ON ELECTRICITY PRICES. (a) FINDINGS-
Congress finds that--
(1) California is currently experiencing an energy
crisis;
(2) rolling power outages are a serious possibility;
(3) wholesale electricity prices have soared, resulting in
electrical bills that have increased as much as 300 percent in the San Diego
area;
(4) small business owners and people on small or fixed incomes,
especially senior citizens, are particularly suffering;
(5) the crisis is so severe that the County of San Diego recently
declared a financial state of emergency; and
(6) the staff of the Federal Energy Regulatory Commission (referred
to in this section as the `Commission') is currently investigating the
crisis and is compiling a report to be presented to the Commission not later
than November 1, 2000.
(1) IN GENERAL- The Commission shall--
(A) continue the investigation into the cause of the summer price
spike described in subsection (a); and
(B) not later than December 1, 2000, submit to Congress a report
on the results of the investigation.
(2) CONTENTS- The report shall include--
(A) data obtained from a hearing held by the Commission in San
Diego;
(B) identification of the causes of the San Diego price
increases;
(C) a determination whether California wholesale electricity
markets are competitive;
(D) a recommendation whether a regional price cap should be set in
the Western States;
(E) a determination whether manipulation of prices has occurred at
the wholesale level; and
(F) a determination of the remedies, including legislation or
regulations, that are necessary to correct the problem and prevent similar
incidents in California or anywhere else in the United
States.
Sec. 709. Funding of the Coastal Wetlands Planning, Protection and
Restoration Act. Section 4(a) of the Act of August 9, 1950 (16 U.S.C.
777c(a)), is amended in the second sentence by striking `2000' and inserting
`2009'.
SEC. 710. REDESIGNATION OF INTERSTATE SANITATION COMMISSION AND
DISTRICT. (a) INTERSTATE SANITATION COMMISSION-
(1) IN GENERAL- The district known as the `Interstate Sanitation
Commission', established by article III of the Tri-State Compact described
in the Resolution entitled, `A Joint Resolution granting the consent of
Congress to the States of New York, New Jersey, and Connecticut to enter
into a compact for the creation of the Interstate Sanitation District and
the establishment of the Interstate Sanitation Commission', approved August
27, 1935 (49 Stat. 933), is redesignated as the `Interstate Environmental
Commission'.
(2) REFERENCES- Any reference in a law, regulation, map, document,
paper, or other record of the United States to the Interstate Sanitation
Commission shall be deemed to be a reference to the Interstate Environmental
Commission.
(b) INTERSTATE SANITATION DISTRICT-
(1) IN GENERAL- The district known as the `Interstate Sanitation
District', established by article II of the Tri-State Compact described in
the Resolution entitled, `A Joint Resolution granting the consent of
Congress to the States of New York, New Jersey, and Connecticut to enter
into a compact for the creation of the Interstate Sanitation District and
the establishment of the Interstate Sanitation Commission', approved August
27, 1935 (49 Stat. 932), is redesignated as the `Interstate Environmental
District'.
(2) REFERENCES- Any reference in a law, regulation, map, document,
paper, or other record of the United States to the Interstate Sanitation
District shall be deemed to be a reference to the Interstate Environmental
District.
TITLE VIII
DEPARTMENT OF THE TREASURY
Bureau of the Public Debt
supplemental appropriation for fiscal year 2001
gifts to the united states for reduction of the public debt
For deposit of an additional amount for fiscal year 2001 into the
account established under section 3113(d) of title 31, United States Code, to
reduce the public debt, $5,000,000,000.
TITLE IX--NUCLEAR REGULATORY COMMISSION
Subtitle A--Funding
SEC. 901. NUCLEAR REGULATORY COMMISSION ANNUAL CHARGES.
Section 6101 of the Omnibus Budget Reconciliation Act of 1990 (42
U.S.C. 2214) is amended--
(1) in subsection (a)(3), by striking `September 30, 1999' and
inserting `September 20, 2005'; and
(A) in paragraph (1), by inserting `or certificate holder' after
`licensee'; and
(B) by striking paragraph (2) and inserting the
following:
`(2) AGGREGATE AMOUNT OF CHARGES-
`(A) IN GENERAL- The aggregate amount of the annual charges
collected from all licensees and certificate holders in a fiscal year
shall equal an amount that approximates the percentages of the budget
authority of the Commission for the fiscal year stated in subparagraph
(B), less--
`(i) amounts collected under subsection (b) during the fiscal
year; and
`(ii) amounts appropriated to the Commission from the Nuclear
Waste Fund for the fiscal year.
`(B) PERCENTAGES- The percentages referred to in subparagraph (A)
are--
`(i) 98 percent for fiscal year 2002;
`(ii) 96 percent for fiscal year 2003;
`(iii) 94 percent for fiscal year 2004;
`(iv) 92 percent for fiscal year 2005; and
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