Bill Summary & Status for the 106th Congress


Sponsor: Rep Packard, Ron(introduced 10/18/2000)
Latest Major Action: 10/18/2000 Referred to the House Committee on Appropriations. (H.R. 5482, FY2001 Veterans Affairs/Housing and Urban Development Appropriations, and H.R. 5483, FY2001 Energy and Water Development Appropriations, are incorporated by reference in the H.R. 4635 conference report: H. Rept. 106-988. The texts of H.R. 5482 and H.R. 5483 are included in the conference report.)
Title: Making appropriations for energy and water development for the fiscal year ending September 30, 2001, and for other purposes.
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TITLE(S):  (italics indicate a title for a portion of a bill)
STATUS: (color indicates Senate actions)
Referred to the House Committee on Appropriations. (H.R. 5482, FY2001 Veterans Affairs/Housing and Urban Development Appropriations, and H.R. 5483, FY2001 Energy and Water Development Appropriations, are incorporated by reference in the H.R. 4635 conference report: H. Rept. 106-988. The texts of H.R. 5482 and H.R. 5483 are included in the conference report.)









Energy and Water Development Appropriations Act, 2001 - Title I: Department of Defense - Civil - Makes appropriations to the Department of the Army and its Corps of Engineers for FY 2001 for: (1) authorized civil functions of the Department of the Army relating to rivers and harbors, flood control, beach erosion, and related purposes; (2) expenses necessary for the collection and study of information related to such purposes; (3) the prosecution of river and harbor, flood control, shore protection, and related projects; (4) certain flood control projects on the Mississippi River and its tributaries; (5) the navigable waters and wetlands regulatory program; (6) formerly utilized sites remedial action program; and (7) general expenses.

States that amounts in the Revolving Fund are available for relocating the U.S. Army Corps of Engineers headquarters to office space in the General Accounting Office headquarters building in Washington, D.C.

(Sec. 101) Instructs the Secretary of the Army to enter into an agreement with the City of Grand Prairie, Texas, wherein the City agrees to assume certain contractual responsibilities of the Trinity River Authority of Texas.

(Sec. 102) States that agreements proposed for execution by the Assistant Secretary of the Army for Civil Works or the U.S. Army Corps of Engineers shall be limited to specified credits and reimbursements per project, and total credits and reimbursements for all applicable projects.

(Sec. 103) Authorizes the Secretary of the Army (acting through the Chief of Engineers) to construct the locally preferred plan for flood control, environmental restoration and recreation, Murrieta Creek, California.

(Sec. 104) Bars the use of funds to implement any activity relating to closure or removal of the St. Georges Bridge across the Chesapeake and Delaware Canal, Delaware.

(Sec. 105 ) Directs the Secretary of the Army to provide specified amounts to replace and upgrade the dam which collapsed in Kake, Alaska, in order to provide drinking water and hydroelectricity.

Title II: Department of the Interior - Makes FY 2001 appropriations to the Department of the Interior for: (1) the Central Utah Project; (2) the Bureau of Reclamation, water and related resources; (3) Bureau of Reclamation Loan Program Account; (4) Central Valley Project Restoration Fund; and (5) general administrative expenses.

(Sec. 201) Prohibits the use of appropriated funds to pay the salaries and expenses of personnel to purchase or lease water in the Middle Rio Grande or the Carlsbad Projects in New Mexico unless such purchase or lease is in compliance with specified statutory purchase requirements.

(Sec. 202) States that Drought Emergency Assistance funds under this title shall be made available primarily for leasing of water from willing lessors for specified drought related purposes subsequent to State approval.

(Sec. 203) Directs the Secretary of the Interior to: (1) assess and collect annually from Central Valley Project water and power contractors specified sums to be remitted to the Trinity Public Utilities District; (2) continue funding from power revenues the activities of the Glen Canyon Dam Adaptive Management Program as authorized by the Grand Canyon Protection Act of 1992; and (3) use up to $1 million to refund specified payments (including the amount of associated interest) to the United States for pre-1994 charges assessed for failure to file certification or reporting forms before receipt of irrigation water under the Reclamation Reform Act of 1982.

(Sec. 206) Amends the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 to require the Canyon Ferry (Montana) Cabin Site appraisal to be consistent with the Universal Appraisal Standards for Federal Land Acquisition. Repeals the repeal of the limitation on reinvestment of interest earned on the principal of the Canyon Ferry-Broadwater County Trust (thus allowing reinvestment of the interest, and its consideration as part of the Trust corpus, only until $3 million, or a lesser amount as offset by in-kind contributions, is deposited as the initial corpus of the Trust).

(Sec. 207) Declares that any amounts provided for the Newlands Water Rights Fund for purchasing and retiring water rights in the Newlands Reclamation Project shall be non-reimbursable as of FY 2000.

(Sec. 208) Authorizes the Secretary of the Interior to enter into contracts with the city of Loveland, Colorado, (and related entities) providing for the use of facilities of the Colorado-Big Thompson Project, Colorado, for specified water uses.

(Sec. 209) Amends the Irrigation Project Contract Extension Act of 1998 to extend from December 31, 2000, to December 31, 2003: (1) certain water service or repayment contracts for the Glendo Unit of the Missouri River Basin Project; and (2) certain contract extensions that are coterminous with a specified cooperative agreement.

(Sec. 210) Amends Federal law to extend through FY 2001 the prohibition on the use of funds to further reallocate Central Arizona Project water until the enactment of legislation authorizing and directing the Secretary of the Interior to make allocations and enter into contracts for the delivery of Project water.

(Sec. 211) Amends the San Luis Rey Indian Water Rights Settlement Act to: (1) require the Secretary of the Interior permanently to furnish annually water, power capacity, and energy through the Yuma Arizona Area Power Managers on behalf of the San Luis Rey Bands and local entities;and (2) provide that certain annual repayment installments under the Colorado River Basin Salinity Control Act shall continue to be non-reimbursable during the period that the Indian Water Authority and the local entities receive specified amounts of water conserved by specified canal works and facilities.

(Sec. 212) Directs the Secretary of the Interior to transfer to the El Dorado Irrigation District, all Federal right, title, and interest in the Sly Park Dam and Reservoir, Camp Creek Diversion Dam and Tunnel, and certain conduits and canals.

Title III: Department of Energy - Makes appropriations to the Department of Energy (DOE) for FY 2001: (1) energy supply programs; (2) non-defense environmental management; (3) uranium facilities maintenance and remediation; (4) general DOE science activities; (5) nuclear waste disposal activities; (6) DOE administration; (7) Office of the Inspector General; (8) atomic energy defense weapons activities (including immediate funds for the National Ignition Facility at Lawrence Livermore National Laboratory); (9) atomic energy defense and defense nuclear nonproliferation activities; (10) naval reactors activities; (11) Office of the Administrator of the National Nuclear Security Administration (NNSA); (12) defense environmental restoration and waste management; (13) defense facilities closure projects; (14) defense environmental management privatization; (15) other DOE defense activities; (16) defense nuclear waste disposal; (17) the various geographical power marketing administrations of DOE (including specified costs for the hydroelectric facilities at the Falcon and Amistad Dams under the Western Area Power Administration); and (18) the Federal Energy Regulatory Commission.

Rescinds specified funds earmarked for: (1) interim storage of nuclear waste; and (2) the Tank Waste Remediation System at Richland, Washington.

(Sec. 301) Prohibits the use of appropriations under this Act to award a management and operating contract unless it is awarded using competitive procedures, or the Secretary of Energy grants a waiver on a case-by-case basis.

Prohibits delegation of such waiver authority.

(Sec. 302) Prohibits the use of appropriations under this Act to: (1) develop or implement a workforce restructuring plan for DOE employees, or to provide them with enhanced severance payments or other benefits (unless the Department of Energy submits a reprogramming request); or (2) prepare or initiate Requests for Proposals for a program that has not been funded by Congress.

(Sec. 306) Declares that no more than six percent of funds provided to government-owned, contractor-operated laboratories shall be available for Laboratory Directed Research and Development.

(Sec. 307) Cites a maximum fund amount for the reimbursement of management and operating contractor travel expenses.

(Sec. 308) Denies any funds for the Administrator of the Bonneville Power Administration to enter into any agreement to perform energy efficiency services outside the Bonneville service territory without certification that such services are not available from private sector businesses.

(Sec. 309) Prohibits the use of funds under this Act to dispose of transuranic waste containing concentrations of plutonium exceeding 20 percent by weight in the Waste Isolation Pilot Plant.

(Sec. 310) Authorizes the NNSA Administrator to authorize the plant manager of a covered nuclear weapons production plant to engage in research, development, and demonstration activities in order to maintain and enhance plant engineering and manufacturing capabilities.

(Sec. 311) Authorizes each Federal Power Marketing Administration to engage in activities and undertake studies and proposals relating to the formation and operation of a regional transmission organization.

(Sec. 312) Makes specified funds available to DOE for interim waste storage activities for Defense Nuclear Waste Disposal upon certification by the Secretary of Energy that the Site Recommendation Report cannot be completed timely without additional funding.

(Sec. 313) Establishes a three-year term of office for the first person appointed as Under Secretary for Nuclear Security of DOE.

(Sec. 314) Amends the National Nuclear Security Administration Act to set forth: (1) the scope of the Secretary of Energy's authority to modify NNSA organization; and (2) a prohibition on the pay of personnel engaged in concurrent service or duties inside and outside the NNSA.

Title IV: Independent Agencies - Makes appropriations for FY 2001 for: (1) the Appalachian Regional Commission; (2) the Defense Nuclear Facilities Safety Board; (3) the Delta Regional Authority; (4) the Denali Commission; (5) the Nuclear Regulatory Commission (NRC); (6) the NRC Office of the Inspector General; and (7) the Nuclear Waste Technical Review Board.

Title V: Fiscal Year 2001 Emergency Appropriations - Makes appropriations for FY 2001 for expenses to remediate damaged DOE facilities and other expenses associated with the Cerro Grande fire.

Mandates that a specified amount of such funds be made available to the 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 the Diamond Drive in New Mexico.

Authorizes appropriations to implement programs authorized by the Appalachian Regional Development Act of 1965, of which specified amounts are available only to the extent that the President transmits an emergency budget request for them to Congress.

Title VI: General Provisions - Expresses the sense of Congress that all equipment and products bought with funds under this Act should be American-made. Requires each Federal agency to give notice of this policy to any entity to which it provides financial assistance or contracts. Bars contracts funded under this Act from being awarded to any person determined by a court or Federal agency to have falsely labeled products as made in America.

(Sec. 603) Prohibits the use of any funds appropriated or otherwise made available by this Act to determine the final point of discharge for the interceptor drain for the San Luis Unit until the Secretary of the Interior and the State of California have developed a plan, which conforms to California water quality standards approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters.

Directs the Secretary of the Interior to classify the costs of the Kesterson Reservoir Cleanup and the San Joaquin Valley Drainage Programs 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 a specified report.

(Sec. 604) Prohibits the use of funds appropriated under this Act for: (1) promulgations to implement a certain 1997 Kyoto Protocol regarding climate change which has not been submitted to the Senate for advice and consent to ratification.

(Sec. 605) Extends from FY 2000 to 2009 funding for the Coastal Wetlands Planning, Protection and Restoration Act.

(Sec. 606) Redesignates: (1) a certain "Interstate Sanitation Commission" for New York, New Jersey, and Connecticut as the "Interstate Environmental Commission"; and (2) a certain "Interstate Sanitation District" for those States as the "Interstate Environmental District."

Title VII: Department of the Treasury - Makes a supplemental appropriation for FY 2001 to reduce the public debt.

Title VIII: Nuclear Regulatory Commission - Amends the Omnibus Budget Reconciliation Act of 1990 to extend to September 20, 2005, the authority of the Nuclear Regulatory Commission (NRC) to assess and collect user fees and annual charges.

Revises the formula and percentages used to determine the aggregate amount of annual charges collected from licensees and certificate holders. Reduces the fee recovery requirement from 100 percent to 98 percent in FY 2001 and by yearly increments down to 90 percent in FY 2005.