[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2605 Enrolled Bill (ENR)]
H.R.2605
One Hundred Sixth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the sixth day of January, one thousand nine hundred and ninety-nine
An Act
Making appropriations for energy and water development for the fiscal
year ending September 30, 2000, 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, 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 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, 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 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.
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, 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

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allocated funding policy shall be applied to projects for which 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).

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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.

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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.
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,
$607,927,000, to remain available until expended, of which $2,247,000
shall be available for transfer to the Upper Colorado River Basin Fund
and $24,089,000 shall be available for transfer to the Lower Colorado
River Basin Development Fund, and of which such amounts as may be
necessary may be advanced to the Colorado River Dam Fund: 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 by Public Law 104-206, is amended further by
inserting ``1999, and 2000'' in lieu of ``and 1997'': Provided further,
That the amount authorized for Indian municipal, rural, and industrial
water features by section 10 of Public Law 89-108, as amended by
section 8 of Public Law 99-294, section 1701(b) of Public Law 102-575,
and Public Law 105-245, is increased by $1,000,000 (October 1998
prices).
bureau of reclamation loan program account
For the cost of direct loans and/or grants, $12,000,000, to remain
available until expended, as authorized by the Small Reclamation
Projects Act of August 6, 1956, as amended (43 U.S.C. 422a-422l):
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are available to
subsidize gross obligations for the principal amount of direct loans
not to exceed $43,000,000.
In addition, for administrative expenses necessary to carry out
the program for direct loans and/or grants, $425,000, to remain
available until expended: Provided, That of the total sums
appropriated, the amount of program activities that can be financed by
the Reclamation Fund shall be derived from that Fund.
central valley project restoration fund
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, $42,000,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration Fund
pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of
Public Law 102-575, to remain available until expended: Provided, That
the Bureau of Reclamation is directed to assess and collect the full
amount of the additional mitigation and restoration payments authorized
by section 3407(d) of Public Law 102-575.
california bay-delta restoration
(including transfer of funds)
For necessary expenses of the Department of the Interior and other
participating Federal agencies in carrying out ecosystem restoration
activities pursuant to the California Bay-Delta Environmental
Enhancement Act and other activities that are in accord with the CALFED
Bay-Delta Program, including projects to improve water use efficiency,
water quality, groundwater and surface storage, levees, conveyance, and
watershed management, consistent with plans to be approved by the
Secretary of the Interior, in consultation with such Federal agencies,
$60,000,000, to remain available until expended, of which $30,000,000
shall be used for ecosystem restoration activities and $30,000,000
shall be used for such other activities, and of which such amounts as
may be necessary to conform with such plans shall be transferred to
appropriate accounts of such Federal agencies: Provided, That no more
than $5,000,000 of the funds appropriated herein may be used for
planning and management activities associated with developing the
overall CALFED Bay-Delta Program and coordinating its staged
implementation: Provided further, That funds for ecosystem restoration
activities may be obligated only as non-Federal sources provide their
share in accordance with the cost-sharing agreement required under
section 1101(d) of such Act, and that funds for such other activities
may be obligated only as non-Federal sources provide their share in a
manner consistent with such cost-sharing agreement: Provided further,
That such funds may be obligated prior to the completion of a final
programmatic environmental impact statement only if: (1) consistent
with 40 CFR 1506.1(c); and (2) used for purposes that the Secretary
finds are of sufficiently high priority to warrant such an expenditure.
policy and administration
For necessary expenses of policy, administration, and related
functions in the office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until expended, $47,000,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provisions

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available for purchase of not to exceed six passenger motor vehicles
for replacement only.

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shall be made available primarily for leasing of water for specified
drought related purposes from willing lessors, in compliance with
existing State laws and administered under State water priority
allocation. Such leases may be entered into with an option to purchase:
Provided, That such purchase is approved by the State in which the
purchase takes place and the purchase does not cause economic harm
within the State in which the purchase is made.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Supply
(including transfer of funds)
For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment, and other
expenses necessary for energy supply, and uranium supply and enrichment
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion; and the purchase of
not to exceed one passenger motor vehicle for replacement only,
$644,937,953, of which $820,953 shall be derived by transfer from the
Geothermal Resources Development Fund, and of which $5,000,000 shall be
derived by transfer from the United States Enrichment Corporation Fund.
Non-Defense Environmental Management
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental management activities
in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction or expansion, $333,618,000, to remain
available until expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For necessary expenses in carrying out uranium enrichment facility
decontamination and decommissioning, remedial actions and other
activities of title II of the Atomic Energy Act of 1954 and title X,
subtitle A of the Energy Policy Act of 1992, $250,198,000, to be
derived from the Fund, to remain available until expended: Provided,
That $30,000,000 of amounts derived from the Fund for such expenses
shall be available in accordance with title X, subtitle A, of the
Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not to exceed six passenger motor vehicles
for replacement only, $2,799,851,000, to remain available until
expended.
Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
Public Law 97-425, as amended, including the acquisition of real
property or facility construction or expansion, $240,500,000 to be
derived from the Nuclear Waste Fund: Provided, That not to exceed
$500,000 may be provided to the State of Nevada solely for
expenditures, other than salaries and expenses of State employees, to
conduct scientific oversight responsibilities pursuant to the Nuclear
Waste Policy Act of 1982, (Public Law 97-425) as amended: Provided
further, That not to exceed $5,432,000 may be provided to affected
units of local governments, as defined in Public Law 97-425, to conduct
appropriate activities pursuant to the Act: Provided further, That the
distribution of the funds as determined by the units of local
government shall be approved by the Department of Energy: Provided
further, That the funds shall be made available to the State and units
of local government by direct payment: Provided further, That within 90
days of the completion of each Federal fiscal year, the State and each
local entity shall provide certification to the Department of Energy,
that all funds expended from such payments have been expended for
activities as defined in Public Law 97-425. Failure to provide such
certification shall cause such entity to be prohibited from any further
funding provided for similar activities: Provided further, That none of
the funds herein appropriated may be: (1) used directly or indirectly
to influence legislative action on any matter pending before Congress
or a State legislature or for lobbying activity as provided in 18
U.S.C. 1913; (2) used for litigation expenses; or (3) used to support
multi-state efforts or other coalition building activities inconsistent
with the restrictions contained in this Act.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the hire of passenger motor vehicles and official reception
and representation expenses (not to exceed $35,000), $206,365,000, to
remain available until expended, plus such additional amounts as
necessary to cover increases in the estimated amount of cost of work
for others notwithstanding the provisions of the Anti-Deficiency Act
(31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work
are offset by revenue increases of the same or greater amount, to
remain available until expended: Provided further, That moneys received
by the Department for miscellaneous revenues estimated to total
$106,887,000 in fiscal year 2000 may be retained and used for operating
expenses within this account, and may remain available until expended,
as authorized by section 201 of Public Law 95-238, notwithstanding the
provisions of 31 U.S.C. 3302: Provided further, That the sum herein
appropriated shall be reduced by the amount of miscellaneous revenues
received during fiscal year 2000 so as to result in a final fiscal year
2000 appropriation from the General Fund estimated at not more than
$99,478,000.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $29,500,000, to remain available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
Weapons Activities
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion; and the purchase of
passenger motor vehicles (not to exceed three for replacement only),
$4,443,939,000, to remain available until expended: Provided, That
funding for any ballistic missile defense program undertaken by the
Department of Energy for the Department of Defense shall be provided by
the Department of Defense according to procedures established for Work
for Others by the Department of Energy.
Defense Environmental Restoration and Waste Management
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental restoration
and waste management activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion; and the purchase of 35 passenger motor vehicles for
replacement only, $4,484,349,000, to remain available until expended:
Provided, That any amounts appropriated under this heading that are
used to provide economic assistance under section 15 of the Waste
Isolation Pilot Plant Land Withdrawal Act (Public Law 102-579) shall be
utilized to the extent necessary to reimburse costs of financial
assurances required of a contractor by any permit or license of the
Waste Isolation Pilot Plant issued by the State of New Mexico.
Defense Facilities Closure Projects
For expenses of the Department of Energy to accelerate the closure
of defense environmental management sites, including the purchase,
construction and acquisition of plant and capital equipment and other
necessary expenses, $1,064,492,000, to remain available until expended.
Defense Environmental Management Privatization
For Department of Energy expenses for privatization projects
necessary for atomic energy defense environmental management activities
authorized by the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), $189,000,000, to remain available until expended.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense, other defense activities,
in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $1,722,444,000, to remain
available until expended: Provided, That not to exceed $5,000 may be
used for official reception and representation expenses for
transparency, national security and nonproliferation activities.
Defense Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
Public Law 97-425, as amended, including the acquisition of real
property or facility construction or expansion, $112,000,000, to remain
available until expended.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for the
Northeast Oregon Hatchery Master Plan, and for official reception and
representation expenses in an amount not to exceed $1,500.
During fiscal year 2000, no new direct loan obligations may be
made.
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant to the
provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C.
825s), as applied to the southeastern power area, $11,594,000; in
addition, notwithstanding the provisions of 31 U.S.C. 3302, not to
exceed $28,000,000 in reimbursements for transmission wheeling and
ancillary services and for power purchases, to remain available until
expended.
Operation and Maintenance, Southwestern Power Administration
(including transfer of funds)
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy, and
for construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out the provisions of section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern
power area, $28,773,000, to remain available until expended, of which
$773,000 shall be derived by transfer from unobligated balances in
``Operation and Maintenance, Southeastern Power Administration''; in
addition, notwithstanding the provisions of 31 U.S.C. 3302, not to
exceed $4,200,000 in reimbursements, to remain available until
expended.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, including official reception and representation
expenses in an amount not to exceed $1,500, $193,357,000, to remain
available until expended, of which $182,172,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That of the
amount herein appropriated, $5,036,000 is for deposit into the Utah
Reclamation Mitigation and Conservation Account pursuant to title IV of
the Reclamation Projects Authorization and Adjustment Act of 1992.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $1,309,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 423 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
Federal Energy Regulatory Commission
salaries and expenses
For necessary expenses of the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5
U.S.C. 3109, the hire of passenger motor vehicles, and official
reception and representation expenses (not to exceed $3,000),
$174,950,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, not to exceed $174,950,000
of revenues from fees and annual charges, and other services and
collections in fiscal year 2000 shall be retained and used for
necessary expenses in this account, and shall remain available until
expended: Provided further, That the sum herein appropriated from the
General Fund shall be reduced as revenues are received during fiscal
year 2000 so as to result in a final fiscal year 2000 appropriation
from the General Fund estimated at not more than $0.
GENERAL PROVISIONS

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used to award a management and operating contract unless such contract
is awarded using competitive procedures or the Secretary of Energy
grants, on a case-by-case basis, a waiver to allow for such a
deviation. The Secretary may not delegate the authority to grant such a
waiver.
(b) At least 60 days before a contract award, amendment, or
modification for which the Secretary intends to grant such a waiver,
the Secretary shall submit to the Subcommittees on Energy and Water
Development of the Committees on Appropriations of the House of
Representatives and the Senate a report notifying the subcommittees of
the waiver and setting forth the reasons for the waiver.

48fdf1f34e6a748f81ac67a62951f6405580140964c36c22ac14759a5dbb20d7

used to award, amend, or modify a contract in a manner that deviates
from the Federal Acquisition Regulation, unless the Secretary of Energy
grants, on a case-by-case basis, a waiver to allow for such a
deviation. The Secretary may not delegate the authority to grant such a
waiver.
(b) At least 60 days before a contract award, amendment, or
modification for which the Secretary intends to grant such a waiver,
the Secretary shall submit to the Subcommittees on Energy and Water
Development of the Committees on Appropriations of the House of
Representatives and the Senate a report notifying the subcommittees of
the waiver and setting forth the reasons for the waiver.

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to--
(1) develop or implement a workforce restructuring plan that
covers employees of the Department of Energy; or
(2) provide enhanced severance payments or other benefits for
employees of the Department of Energy,
under section 3161 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 7274h).

84ebdc3f2ef487308bb55892d0ea9914e184a69db26930fa256ec3784d02165c

augment the $24,500,000 made available for obligation by this Act for
severance payments and other benefits and community assistance grants
under section 3161 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 7274h).

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prepare or initiate Requests For Proposals (RFPs) for a program if the
program has not been funded by Congress.
(transfers of unexpended balances)

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for activities in this Act may be transferred to appropriation accounts
for such activities established pursuant to this title. Balances so
transferred may be merged with funds in the applicable established
accounts and thereafter may be accounted for as one fund for the same
time period as originally enacted.

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Energy may use funds appropriated by this Act to enter into or continue
multi-year contracts for the acquisition of property or services under
the head, ``Energy Supply'' without obligating the estimated costs
associated with any necessary cancellation or termination of the
contract. The Secretary of Energy may pay costs of termination or
cancellation from--
(1) appropriations originally available for the performance of
the contract concerned;
(2) appropriations currently available for procurement of the
type of property or services concerned, and not otherwise
obligated; or
(3) funds appropriated for those payments.

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contractor-operated laboratories, not to exceed 4 percent shall be
available to be used for Laboratory Directed Research and Development:
Provided, That none of the funds in the Environmental Management
programs are available for Laboratory Directed Research and
Development.

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Department of Energy, not more than $150,000,000 shall be available for
reimbursement of management and operating contractor travel expenses.
(b) Funds appropriated by this title to the Department of Energy
may be used to reimburse a Department of Energy management and
operating contractor for travel costs of its employees under the
contract only to the extent that the contractor applies to its
employees the same rates and amounts as those that apply to Federal
employees under subchapter I of chapter 57 of title 5, United States
Code, or rates and amounts established by the Secretary of Energy. The
Secretary of Energy may provide exceptions to the reimbursement
requirements of this section as the Secretary considers appropriate.

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and Water Development Appropriations Act may be expended after December
31 of each year under a covered contract unless the funds are expended
in accordance with a Laboratory Funding Plan that has been approved by
the Secretary of Energy. At the beginning of each fiscal year, the
Secretary shall issue directions to the laboratories for the programs,
projects, and activities to be conducted in that fiscal year. The
Secretary and the Laboratories shall devise a Laboratory Funding Plan
that identifies the resources needed to carry out these programs,
projects, and activities. Funds shall be released to the Laboratories
only after the Secretary has approved the Laboratory Funding Plan. The
Secretary of Energy may provide exceptions to this requirement as the
Secretary considers appropriate.
(b) For purposes of this section, ``covered contract'' means a
contract for the management and operation of the following
laboratories: Argonne National Laboratory, Brookhaven National
Laboratory, Idaho National Engineering and Environmental Laboratory,
Lawrence Berkeley National Laboratory, Lawrence Livermore National
Laboratory, Los Alamos National Laboratory, Oak Ridge National
Laboratory, Pacific Northwest National Laboratory, and Sandia National
Laboratories.

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laboratory funding for prime contractors responsible for management of
Department of Energy sites and facilities, the Secretary shall review
and approve the incentive structure for contractor fees, the amounts of
award fees to be made available for next year, the allowable salaries
of first and second tier laboratory management, and the overhead
expenditures. The Secretary of Energy may provide exceptions to this
requirement as the Secretary considers appropriate.

938ef0df9a86564eefb90d1a20b915c08d3c565c870ed4fa1e6462f068fbeef0

establish or maintain independent centers at a Department of Energy
laboratory or facility unless such funds have been specifically
identified in the budget submission.

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may be used to restart the High Flux Beam Reactor.

604eb295f8a7746bfa3ed531f907f56ff7666aca1dcfb0d949a0eb5d1591e285

the Administrator of the Bonneville Power Administration to enter into
any agreement to perform energy efficiency services outside the legally
defined Bonneville service territory, with the exception of services
provided internationally, including services provided on a reimbursable
basis, unless the Administrator certifies that such services are not
available from private sector businesses.

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transuranic waste in the Waste Isolation Pilot Plant which contains
concentrations of plutonium in excess of 20 percent by weight for the
aggregate of any material category on the date of the enactment of this
Act, or is generated after such date.

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Mitigation of Damage to, and Enhancement of Fish and Wildlife, Within
Rates Charged by the Bonneville Power Administration, to the Rate
Period in Which the Costs are Incurred. Section 7 of the Pacific
Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839e)
is amended by adding at the end the following:
``(n) Limiting the Inclusion of Costs of Protection of, Mitigation
of Damage to, and Enhancement of Fish and Wildlife, Within Rates
Charged by the Bonneville Power Administration, to the Rate Period in
Which the Costs are Incurred.--Notwithstanding any other provision of
this section, rates established by the Administrator, under this
section shall recover costs for protection, mitigation and enhancement
of fish and wildlife, whether under the Pacific Northwest Electric
Power Planning and Conservation Act or any other Act, not to exceed
such amounts the Administrator forecasts will be expended during the
fiscal year 2002-2006 rate period, while preserving the Administrator's
ability to establish appropriate reserves and maintain a high Treasury
payment probability for the subsequent rate period.''.
TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended, for necessary
expenses for the Federal Co-Chairman and the alternate on the
Appalachian Regional Commission, for payment of the Federal share of
the administrative expenses of the Commission, including services as
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$66,400,000, to remain available until expended.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Salaries and Expenses
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $17,000,000, to
remain available until expended.
DENALI COMMISSION
For expenses of the Denali Commission including the purchase,
construction and acquisition of plant and capital equipment as
necessary and other expenses, $20,000,000, to remain available until
expended.
NUCLEAR REGULATORY COMMISSION
Salaries and Expenses
For necessary expenses of the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974, as amended, and the
Atomic Energy Act of 1954, as amended, including official
representation expenses (not to exceed $15,000), $465,000,000, to
remain available until expended: Provided, That of the amount
appropriated herein, $19,150,000 shall be derived from the Nuclear
Waste Fund: Provided further, That revenues from licensing fees,
inspection services, and other services and collections estimated at
$442,000,000 in fiscal year 2000 shall be retained and used for
necessary salaries and expenses in this account, notwithstanding 31
U.S.C. 3302, and shall remain available until expended: Provided
further, That $3,850,000 of the funds herein appropriated for
regulatory reviews and other assistance provided to the Department of
Energy and other Federal agencies shall be excluded from license fee
revenues, notwithstanding 42 U.S.C. 2214: Provided further, That the
sum herein appropriated shall be reduced by the amount of revenues
received during fiscal year 2000 so as to result in a final fiscal year
2000 appropriation estimated at not more than $23,000,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $5,000,000, to remain available until expended: Provided, That
the sum herein appropriated shall be reduced by the amount of revenues
received during fiscal year 2000 so as to result in a final fiscal year
2000 appropriation estimated at not more than $0.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
Salaries and Expenses
For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by section 5051 of Public Law 100-203, $2,600,000, to be
derived from the Nuclear Waste Fund, and to remain available until
expended.
TENNESSEE VALLEY AUTHORITY
The Tennessee Valley Authority is directed to use up to $3,000,000
from previously appropriated funds to pay any necessary transition
costs for Land Between the Lakes.
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
General Investigations
(Rescissions)
Of the funds made available under this heading in Public Law 105-
245 and prior Energy and Water Development Acts, the following amounts
are hereby rescinded in the amounts specified:
Calleguas Creek, California, $271,100;
San Joaquin, Caliente Creek, California, $155,400;
Buffalo Small Boat Harbor, New York, $15,100;
City of Buffalo, New York, $4,000;
Geneva State Park, Ohio Shoreline Protection, $91,000;
Clinton River Spillway, Michigan, $50,000;
Lackawanna River Basin Greenway Corridor, Pennsylvania,
$217,900; and
Red River Waterway, Index, Arkansas, to Denison Dam, Texas,
$125,000.
Construction, General
(Rescissions)
Of the funds made available under this heading in Public Law 105-
245, and prior Energy and Water Development Acts, the following amounts
are hereby rescinded in the amounts specified:
Sacramento River Flood Control Project, California
(Deficiency Correction), $1,500,000;
Melaleuca Quarantine Facility, Florida, $295,000;
Lake George, Hobart, Indiana, $3,484,000;
Anacostia River (Section 1135), Maryland, $1,534,000;
Sowashee Creek, Meridian, Mississippi, $2,537,000;
Platte River Flood and Streambank Erosion Control, Nebraska,
$1,409,000;
Rochester Harbor, New York, $1,842,000;
Columbia River, Seafarers Museum, Hammond, Oregon, $98,000; and
Quonset Point, Davisville, Rhode Island, $120,000.
DEPARTMENT OF ENERGY
Operation and Maintenance, Southeastern Power Administration
(rescission)
Of the funds made available under this heading in Public Law 105-
245 and prior Energy and Water Development Acts, $3,000,000, are
rescinded.
Nuclear Waste Disposal
(rescission)
Of the funds made available under the heading ``Department of
Energy--Energy Programs--Nuclear Waste Disposal Fund'' in the Energy
and Water Development Appropriations Act, 1998 (Public Law 105-62),
$4,000,000 is rescinded, to be derived from the amount specified under
such heading for the Nuclear Regulatory Commission to license a multi-
purpose canister design.

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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.

efd4797a7addee1f7c0c74edd5741704c928e8d5c5d50782c3c7b0bd1e001d3c

TITLE VI

-GENERAL PROVISIONS

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.

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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.

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Act of 1990, as amended (42 U.S.C. 2214(a)(3)) is amended by striking
``September 30, 1999'' and inserting ``September 30, 2000''.

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Omnibus Consolidated and Emergency Supplemental Appropriations for
Fiscal Year 1999, is repealed.

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Act of 1996 (Public Law 104-303, 110 Stat. 3682) is amended by striking
``in advance in appropriations Acts''.

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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.

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Withdrawals.--Subsections (b) and (c) of section 1 of Public Law 105-
204 (112 Stat. 681) are amended by striking ``fiscal year 2000'' and
inserting ``fiscal year 2002''.
(b) Investment of Amounts in the United States Enrichment
Corporation Fund.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the United States Enrichment Corporation Fund as is
not, in the judgment of the Secretary, required to meet current
withdrawals. Investments may be made only in interest-bearing
obligations of the United States.
(2) Acquisition of obligations.--For the purpose of investments
under paragraph (1), obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the market
price.
(3) Sale of obligations.--Any obligation acquired by the Fund
may be sold by the Secretary of the Treasury at the market price.
(4) Credits to fund.--The interest on, and the proceeds from
the sale or redemption of, any obligations held in the Fund shall
be credited to and form a part of the Fund.

8fd1016925c1ee295cf4ce9939dd0189d641ae589fe94db2d91302ddfb901285

known as the ``Cascade Reservoir'', created as a result of the building
of the Cascade Dam authorized by the matter under the heading ``bureau
of reclamation'' of the fifth section of the Interior Department
Appropriation Act, 1942 (55 Stat. 334, chapter 259) for the Boise
Project, Idaho, Payette division, is redesignated as ``Lake Cascade''.
(b) References.--Any reference in any law, regulation, document,
record, map, or other paper of the United States to ``Cascade
Reservoir'' shall be considered to be a reference to ``Lake Cascade''.

9be0156ab342d86400248a8d4c3ab3bab8b2ec6a6e63fa4ba732bd0a1640cc6d

Power Planning and Conservation Act (16 U.S.C. 839b(h)(10)(D)) is
amended by striking clauses (vii) and (viii) and inserting the
following:
``(vii) Cost limitation.--The annual cost of this provision shall
not exceed $500,000 in 1997 dollars.''.

6982dd7eef80ace8c8c00572b0dad59f4a3666dfee7d90acde9c041bdfeb28fe

of Engineers, in carrying out the program known as the Formerly
Utilized Sites Remedial Action Program, shall undertake the following
functions and activities to be performed at eligible sites where
remediation has not been completed:
(1) Sampling and assessment of contaminated areas.
(2) Characterization of site conditions.
(3) Determination of the nature and extent of contami-
nation.
(4) Selection of the necessary and appropriate response actions
as the lead Federal agency.
(5) Cleanup and closeout of sites.
(6) Any other functions and activities determined by the
Secretary of the Army, acting through the Chief of Engineers, as
necessary for carrying out that program, including the acquisition
of real estate interests where necessary, which may be transferred
upon completion of remediation to the administrative jurisdiction
of the Secretary of Energy.
(b) Any response action under that program by the Secretary of the
Army, acting through the Chief of Engineers, shall be subject to the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.) (in this section referred to as
``CERCLA''), and the National Oil and Hazardous Substances Pollution
Contingency Plan (40 CFR 300).
(c) Any sums recovered under CERCLA or other authority from a
liable party, contractor, insurer, surety, or other person for any
expenditures by the Army Corps of Engineers or the Department of Energy
for response actions under that program shall be credited to the
amounts made available to carry out that program and shall be available
until expended for costs of response actions for any eligible site.
(d) The Secretary of Energy may exercise the authority under
section 168 of the Atomic Energy Act of 1954 (42 U.S.C. 2208) to make
payments in lieu of taxes for federally owned property at which
activities under that program are carried out, regardless of which
Federal agency has administrative jurisdiction over the property and
notwithstanding any reference to ``the activities of the Commission''
in that section.
(e) This section does not alter, curtail, or limit the authorities,
functions, or responsibilities of other agencies under CERCLA or,
except as stated in this section, under the Atomic Energy Act of 1954
(42 U.S.C. 2011 et seq.).
(f) This section shall apply to fiscal year 2000 and each
succeeding fiscal year.
This Act may be cited as the ``Energy and Water Development
Appropriations Act, 2000''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

fb45fedbfb1ab3d0ed401fb04201d3d532fc0593288b9ad10f2362d98e2816de

Energy and Water Development Appropriations Act, 2000

Other Sections

TITLE VI

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