[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2311 Enrolled Bill (ENR)]
H.R.2311
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
An Act
Making appropriations for energy and water development for the fiscal
year ending September 30, 2002, 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, 2002, 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, $154,350,000, to remain available until expended:
Provided, That the Secretary of the Army, acting through the Chief of
Engineers, is directed to use funds appropriated herein to continue
preconstruction engineering and design of the Murrieta Creek,
California, flood protection and environmental enhancement project and
is further directed to continue with the project in accordance with
cost sharing established for the Murrieta Creek project in Public Law
106-377: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use the feasibility
report prepared under the authority of section 205 of the Flood Control
Act of 1948, as amended, as the basis for the Rock Creek-Keefer Slough
Flood Control Project, Butte County, California, and is further
directed to use funds appropriated herein for preconstruction
engineering and design of the project: Provided further, That in
conducting the Southwest Valley Flood Damage Reduction Study,
Albuquerque, New Mexico, the Secretary of the Army, acting through the
Chief of Engineers, shall include an evaluation of flood damage
reduction measures that would otherwise be excluded from the
feasibility analysis based on policies regarding the frequency of
flooding, the drainage areas, and the amount of runoff: Provided
further, That the Secretary of the Army, acting through the Chief of
Engineers, is directed to conduct studies for flood damage reduction,
environmental protection, environmental restoration, water supply,
water quality, and other purposes in Tuscaloosa County, Alabama, and
shall provide a comprehensive plan for the development, conservation,
disposal, and utilization of water and related land resources, for
flood damage reduction and allied purposes, including the determination
of the need for a reservoir to satisfy municipal and industrial water
supply needs: Provided further, That using $1,000,000 of the funds
provided herein, the Secretary of the Army, acting through the Chief of
Engineers, is directed to conduct a comprehensive watershed study at
full Federal expense to provide a framework for implementing activities
to improve environmental quality of the Lake Tahoe Basin and the
Secretary shall submit a feasibility level report within 30 months of
enactment of this Act: Provided further, That appendix D, chapter 5 of
Public Law 106-554 is amended in the last sentence under the subheading
titled ``General Investigations'' by striking ``a cost shared
feasibility study of'' and inserting ``planning, engineering and design
activities for''.
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), $1,715,951,000, 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 11, Mississippi
River, Iowa; Lock and Dam 12, Mississippi River, Iowa; Lock and Dam 24,
Mississippi River, Illinois and Missouri; Lock and Dam 3, Mississippi
River, Minnesota; and London Locks and Dam, Kanawha River, West
Virginia, projects; and of which funds are provided for the following
projects in the amounts specified:
San Timoteo Creek (Santa Ana River Mainstem), California,
$8,000,000;
Indianapolis Central Waterfront, Indiana, $9,000,000;
Southern and Eastern Kentucky, Kentucky, $4,000,000;
Clover Fork, City of Cumberland, Town of Martin, Pike County
(including Levisa Fork and Tug Fork Tributaries), Bell County,
Floyd County, Martin County, and Harlan County, Kentucky, elements
of the Levisa and Tug Forks of the Big Sandy River and Upper
Cumberland River, Kentucky, $15,450,000; and
Lower Mingo County (Kermit), Upper Mingo County (including
County Tributaries), Wayne County, and McDowell County, West
Virginia, elements of the Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River project, $5,900,000:
Provided, That using $1,000,000 of the funds appropriated herein, the
Secretary of the Army, acting through the Chief of Engineers, is
directed to modify the Carr Creek Lake, Kentucky, project at full
Federal expense to provide additional water supply storage for the
Upper Kentucky River Basin: Provided further, That with $1,200,000 of
the funds appropriated herein, the Secretary of the Army, acting
through the Chief of Engineers, is directed to undertake design
deficiency repairs to the Bois Brule Drainage and Levee District,
Missouri, project, authorized and constructed under the authority of
the Flood Control Act of 1936 with cost sharing consistent with the
original project authorization: Provided further, That in accordance
with section 332 of the Water Resources Development Act of 1999, the
Secretary of the Army is directed to increase the authorized level of
protection of the Bois Brule Drainage and Levee District, Missouri,
project from 50 years to 100 years using $700,000 of the funds
appropriated herein, and the project costs allocated to the incremental
increase in the level of protection shall be cost shared consistent
with section 103(a) of the Water Resources Development Act of 1986,
notwithstanding section 202(a) of the Water Resources Development Act
of 1996: Provided further, That using $200,000 of the funds provided
herein, the Secretary of the Army, acting through the Chief of
Engineers, is directed to conduct, at full Federal expense, technical
studies of individual ditch systems identified by the State of Hawaii,
and to assist the State in diversification by helping to define the
cost of repairing and maintaining selected ditch systems: Provided
further, That the Secretary of the Army, acting through the Chief of
Engineers, is directed to use $1,300,000 of the funds appropriated
herein to continue construction of the navigation project at Kaumalapau
Harbor, Hawaii: Provided further, That with $800,000 of the funds
provided herein, the Secretary of the Army, acting through the Chief of
Engineers, is directed to continue preparation of a General
Reevaluation Report of the Oak Island, Caswell Beach, and Holden Beach
segments of the Brunswick County Beaches project in North Carolina:
Provided further, That the Secretary of the Army, acting through the
Chief of Engineers, is directed to use $500,000 to undertake the Bowie
County Levee Project, which is defined as Alternative B Local Sponsor
Option, in the Corps of Engineers document entitled Bowie County Local
Flood Protection, Red River, Texas, Project Design Memorandum No. 1,
Bowie County Levee, dated April 1997: Provided further, That the
Secretary of the Army is directed to use $4,000,000 of the funds
provided herein for the Dam Safety and Seepage/Stability Correction
Program to continue construction of seepage control features at
Waterbury Dam, Vermont: Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, using up to $200,000 of
the funds provided herein, is directed to complete the Aloha-Rigolette,
Louisiana, project at full Federal expense: Provided further, That
using $500,000 of the funds provided herein, the Secretary of the Army,
acting through the Chief of Engineers, is directed to proceed with the
Shoalwater Bay Shoreline, Washington, project: Provided further, That
all studies for the Shoalwater Bay Shoreline project shall be cost
shared in the same proportion as the construction implementation costs:
Provided further, That using $2,500,000 of the funds provided herein,
the Secretary of the Army, acting through the Chief of Engineers, is
directed to proceed with a final design and initiate construction for
the repair and replacement of the Jicarilla Municipal Water System in
the town of Dulce, New Mexico: Provided further, That using $750,000 of
the funds provided herein, the Secretary of the Army, acting through
the Chief of Engineers, is directed to proceed with the Missouri River
Restoration Project and that erosion control measures implemented shall
be primarily through nonstructural means such as planting of native
vegetation, buffer strips, conservation easements, setbacks, and
agricultural best management practices: Provided further, That with
$10,000,000 of the funds provided herein, the Secretary of the Army,
acting through the Chief of Engineers, is directed to construct the
Dallas Floodway Extension, Texas, project, including the Cadillac
Heights feature, generally in accordance with the Chief of Engineers
report dated December 7, 1999: Provided further, That the deadline for
the report required under section 154(g) of Public Law 106-554 is
extended to December 31, 2002: Provided further, That the Secretary of
the Army, acting through the Chief of Engineers, is directed to use
unexpended funds appropriated in Public Law 105-62, under the heading
Construction, General for Salyersville, Kentucky, to construct
additional recreation improvements at the Buckhorn Lake, Kentucky,
project: Provided further, That using $1,000,000 of the funds provided
herein, the Secretary of the Army, acting through the Chief of
Engineers, is directed to initiate construction on the Seward Harbor,
Alaska, project in accordance with the Report of the Chief of Engineers
dated June 8, 1999 and the economic justification contained therein:
Provided further, That the Secretary of the Army, acting through the
Chief of Engineers, is directed to use up to $900,000 of funds
previously appropriated to reimburse the City of Venice, Florida, for
the costs incurred by the City prior to October 1998 for work
accomplished by the City related to the relocation of the stormwater
outfalls and the construction of the artificial reef that comprises an
integral part of the project for beach nourishment, in Sarasota County,
Florida: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use funds appropriated
herein, for emergency bank stabilization measures at Lakeshore Park in
Knoxville, Tennessee: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, is directed to continue the
Dickenson County Detailed Project Report as generally defined in Plan 4
of the Huntington District Engineer's Draft Supplement to the Section
202 General Plan for Flood Damage Reduction dated April 1997, including
all Russell Fork tributary streams within the County and special
considerations as may be appropriate to address the unique relocations
and resettlement needs for the flood prone communities within the
County: Provided further, That, with respect to the environmental
infrastructure project in Lebanon, New Hampshire, for which funds are
made available under this heading, the non-Federal interest shall
receive credit toward the non-Federal share of the cost of the project
for work performed before the date of execution of the project
cooperation agreement, if the Secretary determines the work is integral
to the project: Provided further, That, for the Raritan River Basin,
Green Brook Sub-Basin, New Jersey, project, the Secretary of the Army,
acting through the Chief of Engineers, is directed to implement the
locally preferred plan for the element in the western portion of
Middlesex Borough, New Jersey, which includes the buyout of up to 22
homes, the flood proofing of four commercial buildings along Prospect
Place and Union Avenue, and the buyout of up to three commercial
buildings along Raritan and Lincoln Avenues, at a total estimated cost
of $15,000,000, with an estimated Federal cost of $11,500,000 and an
estimated non-Federal cost of $3,500,000.
Flood Control, Mississippi River and Tributaries, Arkansas, Illinois,
Kentucky, Louisiana, Mississippi, Missouri, and Tennessee
For expenses necessary for prosecuting work of flood control,
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), $345,992,000, to remain available until
expended: Provided, That, the Secretary of the Army, acting through the
Chief of Engineers, is directed to convey to the Board of Mississippi
Levee Commissioners any and all fee owned real property interests
deemed excess to Army needs for disposal by the U.S. Army Corps of
Engineers at its Casting Plant and its Bank Grading and Mat Loading
Fleeting Area located in Greenville, Mississippi. This real property
shall be used by the Board of Mississippi Levee Commissioners for the
operation and maintenance of the Mississippi River and Tributaries
Project as it deems necessary.
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,
$1,874,803,000, 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 the
Secretary of the Army, acting through the Chief of Engineers, is
directed, within funds available for the Mobile Harbor, Alabama,
project, to remove, transport, dispose, and remediate contaminated
sediments in and adjacent to the Federal navigation projects for the
Arlington Channel and the Garrows Bend Channel at Federal expense, and
a non-Federal sponsor shall provide all necessary lands, easements,
rights-of-way, and relocations that may be required for the disposal of
dredged material: Provided further, That using funds appropriated
herein, the Secretary of the Army, acting through the Chief of
Engineers, is directed to perform cultural resource mitigation and
recreation improvements at Waco Lake, Texas, at full Federal expense
notwithstanding the provisions of the Water Supply Act of 1958:
Provided further, That the Secretary of the Army, acting through the
Chief of Engineers, is directed to use funds appropriated herein to
grade the basin within the Hansen Dam feature of the Los Angeles County
Drainage Area, California, project to enhance and maintain flood
capacity and to provide for future use of the basin for compatible
purposes consistent with the Master Plan, including recreation and
environmental restoration: Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, is directed to use funds
appropriated herein to fully investigate the development of an upland
disposal site recycling program on the Black Warrior and Tombigbee
Rivers, Alabama-Coosa Rivers, and the Mobile River projects: Provided
further, That of funds appropriated herein for the Intracoastal
Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland, the
Secretary of the Army, acting through the Chief of Engineers, is
directed to reimburse the State of Delaware for normal operation and
maintenance costs incurred by the State of Delaware for the SR1 Bridge
from station 58+00 to station 293+00 between May 12, 1997 and September
30, 2002. Reimbursement costs shall not exceed $1,277,000: Provided
further, That the Secretary of the Army, acting through the Chief of
Engineers, is directed to use funds appropriated herein to remove and
reinstall the docks and causeway, in kind, and continue breakwater
repairs at Astoria East Boat Basin, Oregon: Provided further, That
using funds appropriated herein, the Secretary of the Army, acting
through the Chief of Engineers, is directed to dredge a channel from
the mouth of Wheeling Creek to Tunnel Green Park in Wheeling, West
Virginia: Provided further, That the project for the Apalachicola,
Chattahoochee, and Flint Rivers Navigation, authorized by section 2 of
the River and Harbor Act of March 2, 1945 (Public Law 79-14) and
modified by the first section of the River and Harbor Act of 1946 (60
Stat. 635, chapter 595), is modified to authorize the Secretary, as
part of navigation maintenance activities, to develop and implement a
plan to be integrated into the long-term dredged material management
plan being developed for the Corley Slough reach, as required by
conditions of the State of Florida water quality certification, for
periodically removing sandy dredged material from the disposal area
known as Site 40, located at mile 36.5 of the Apalachicola River, and
from other disposal sites that the Secretary may determine to be needed
for the purpose of reuse of the disposal areas, by transporting and
depositing the sand for environmentally acceptable beneficial uses in
coastal areas of Florida to be determined in coordination with the
State of Florida: Provided further, That the Secretary is authorized to
acquire all lands, easements, and rights-of-way that may be determined
by the Secretary, in consultation with the affected State, to be
required for dredged material disposal areas to implement a long-term
dredge material management plan: Provided further, That the long-term
management plan shall be developed in coordination with the State of
Florida no later than 2 years from the date of enactment of this Act:
Provided further, That, of the funds herein, $4,900,000 shall be made
available for these purposes and $8,000,000 shall be made available for
normal operation and maintenance of the Apalachicola, Chattahoochee,
and Flint Rivers navigation project.
Flood Control and Coastal Emergencies
(RESCISSION)
Of the funds made available under this heading in Public Law 107-
20, $25,000,000 are hereby rescinded.
Regulatory Program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $127,000,000, to remain
available until expended.
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, $140,000,000, 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 Humphreys Engineer Center Support
Activity, the Institute for Water Resources, and headquarters support
functions at the USACE Finance Center, $153,000,000, 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 Provisions
Appropriations in this title shall be available for official
reception and representation expenses (not to exceed $5,000); and
during the current fiscal year the Revolving Fund, Corps of Engineers,
shall be available for purchase (not to exceed 100 for replacement
only) and hire of passenger motor vehicles.
GENERAL PROVISIONS
Corps of Engineers--Civil
Sec. 101. (a) Conveyance Authorized.--The Secretary of the Army
shall convey to the Blue Township Fire District, Blue Township, Kansas,
by quitclaim deed and without consideration, all right, title, and
interest of the United States in and to a parcel of land consisting of
approximately 4.35 acres located in Pottawatomie County, Tuttle Creek
Lake, Kansas.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(c) Reversion.--If the Secretary determines that the property
conveyed under subsection (a) ceases to be held in public ownership or
to be used as a site for a fire station, all right, title, and interest
in and to the property shall revert to the United States, at the option
of the United States.
Sec. 102. For those shore protection projects funded in this Act
which have Project Cooperation Agreements in place, the Secretary of
the Army is directed to proceed with those projects in accordance with
the cost sharing specified in the Project Cooperation Agreement:
Provided, That the Secretary of the Army shall not accept or solicit
non-Federal voluntary contributions for shore protection work in excess
of the minimum requirements established by law; except that, when
voluntary contributions are tendered by a non-Federal sponsor for the
prosecution of work outside the authorized scope of the Federal project
at full non-Federal expense, the Secretary is authorized to accept said
contributions.
Sec. 103. 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. 104. St. Georges Bridge, Delaware. None of the funds made
available in this Act may be used to carry out any activity relating to
closure or removal of the St. Georges Bridge across the Intracoastal
Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland,
including a hearing or any other activity relating to preparation of an
environmental impact statement concerning the closure or removal.
Sec. 105. The non-Federal interest shall receive credit towards the
lands, easements, relocations, rights-of-way, and disposal areas
required for the Lava Hot Springs restoration project in Idaho, and
acquired by the non-Federal interest before execution of the project
cooperation agreement: Provided, That the Secretary shall provide
credit for work only if the Secretary determines such work to be
integral to the project.
Sec. 106. Guadalupe River, California. The project for flood
control, Guadalupe River, California, authorized by section 401 of the
Water Resources Development Act of 1986, and the Energy and Water
Development Appropriation Acts of 1990 and 1992, is modified to
authorize the Secretary to construct the project substantially in
accordance with the General Reevaluation and Environmental Report for
Proposed Project Modifications, dated February 2001, at a total cost of
$226,800,000, with an estimated Federal cost of $128,700,000, and
estimated non-Federal cost of $98,100,000.
Sec. 107. Designation of Nonnavigability for Portions of Gloucester
County, New Jersey. (a) Designation.--
(1) In general.--The Secretary of the Army (referred to in
section as the ``Secretary'') shall designate as nonnavigable the
areas described in paragraph (3) unless the Secretary, after
consultation with local and regional public officials (including
local and regional planning organizations), makes a determination
that 1 or more projects proposed to be carried out in 1 or more
areas described in paragraph (2) are not in the public interest.
(2) Description of areas.--The areas referred to in paragraph
(1) are certain parcels of property situated in the West Deptford
Township, Gloucester County, New Jersey, as depicted on Tax
Assessment Map #26, Block #328, Lots #1, 1.03, 1.08, and 1.09, more
fully described as follows:
(A) Beginning at the point in the easterly line of Church
Street (49.50 feet wide), said beginning point being the
following 2 courses from the intersection of the centerline of
Church Street with the curved northerly right-of-way line of
Pennsylvania-Reading Seashore Lines Railroad (66.00 feet
wide)--
(i) along said centerline of Church Street N. 11+28,50"
E. 38.56 feet; thence
(ii) along the same N. 61+28,35" E. 32.31 feet to the
point of beginning.
(B) Said beginning point also being the end of the
thirteenth course and from said beginning point runs; thence,
along the aformentioned Easterly line of Church Street--
(i) N. 11+28,50" E. 1052.14 feet; thence
(ii) crossing Church Street, N. 34+19,51" W. 1590.16
feet; thence
(iii) N. 27+56,37" W. 3674.36 feet; thence
(iv) N. 35+33,54" W. 975.59 feet; thence
(v) N. 57+04,39" W. 481.04 feet; thence
(vi) N. 36+22,55" W. 870.00 feet to a point in the
Pierhead and Bulkhead Line along the Southeasterly shore of
the Delaware River; thence
(vii) along the same line N. 53+37,05" E. 1256.19 feet;
thence
(viii) still along the same, N. 86+10,29" E. 1692.61
feet; thence, still along the same the following thirteenth
courses
(ix) S. 67+44,20" E. 1090.00 feet to a point in the
Pierhead and Bulkhead Line along the Southwesterly shore of
Woodbury Creek; thence
(x) S. 39+44,20" E. 507.10 feet; thence
(xi) S. 31+01,38" E. 1062.95 feet; thence
(xii) S. 34+34,20" E. 475.00 feet; thence
(xiii) S. 32+20,28" E. 254.18 feet; thence
(xiv) S. 52+55,49" E. 964.95 feet; thence
(xv) S. 56+24,40" E. 366.60 feet; thence
(xvi) S. 80+31,50" E. 100.51 feet; thence
(xvii) N. 75+30,00" E. 120.00 feet; thence
(xviii) N. 53+09,00" E. 486.50 feet; thence
(xix) N. 81+18,00" E. 132.00 feet; thence
(xx) S. 56+35,00" E. 115.11 feet; thence
(xxi) S. 42+00,00" E. 271.00 feet; thence
(xxii) S. 48+30,00" E. 287.13 feet to a point in the
Northwesterly line of Grove Avenue (59.75 feet wide);
thence
(xxiii) S. 23+09,50" W. 4120.49 feet; thence
(xxiv) N. 66+50,10" W. 251.78 feet; thence
(xxv) S. 36+05,20" E. 228.64 feet; thence
(xxvi) S. 58+53,00" W. 1158.36 feet to a point in the
Southwesterly line of said River Lane; thence
(xxvii) S. 41+31,35" E. 113.50 feet; thence
(xxviii) S. 61+28,35" W. 863.52 feet to the point of
beginning.
(C)(i) Except as provided in clause (ii), beginning at a
point in the centerline of Church Street (49.50 feet wide)
where the same is intersected by the curved northerly line of
Pennsylvania-Reading Seashore Lines Railroad right-of-way
(66.00 feet wide), along that Railroad, on a curve to the left,
having a radius of 1465.69 feet, an arc distance of 1132.14
feet--
(I) N. 88+45,47" W. 1104.21 feet; thence
(II) S. 69+06,30" W. 1758.95 feet; thence
(III) N. 23+04,43" W. 600.19 feet; thence
(IV) N. 19+15,32" W. 3004.57 feet; thence
(V) N. 44+52,41" W. 897.74 feet; thence
(VI) N. 32+26,05" W. 2765.99 feet to a point in the
Pierhead and Bulkhead Line along the Southeasterly shore of
the Delaware River; thence
(VII) N. 53+37,05" E. 2770.00 feet; thence
(VIII) S. 36+22,55" E. 870.00 feet; thence
(IX) S. 57+04,39" E. 481.04 feet; thence
(X) S. 35+33,54" E. 975.59 feet; thence
(XI) S. 27+56,37" E. 3674.36 feet; thence
(XII) crossing Church Street, S. 34+19,51" E. 1590.16
feet to a point in the easterly line of Church Street;
thence
(XIII) S. 11+28,50" W. 1052.14 feet; thence
(XIV) S. 61+28,35" W. 32.31 feet; thence
(XV) S. 11+28,50" W. 38.56 feet to the point of
beginning.
(ii) The parcel described in clause (i) does not include
the parcel beginning at the point in the centerline of Church
Street (49.50 feet wide), that point being N. 11+28,50" E.
796.36 feet, measured along the centerline, from its
intersection with the curved northerly right-of-way line of
Pennsylvania-Reading Seashore Lines Railroad (66.00 feet
wide)--
(I) N. 78+27,40" W. 118.47 feet; thence
(II) N. 15+48,40" W. 120.51 feet; thence
(III) N. 77+53,00" E 189.58 feet to a point in the
centerline of Church Street; thence
(IV) S. 11+28,50" W. 183.10 feet to the point of
beginning.
(b) Limits on Applicability; Regulatory Requirements.--
(1) In general.--The designation under subsection (a)(1) shall
apply to those parts of the areas described in subsection (a) that
are or will be bulkheaded and filled or otherwise occupied by
permanent structures, including marina facilities.
(2) Applicable law.--All activities described in paragraph (1)
shall be subject to all applicable Federal law, including--
(A) the Act of March 3, 1899 (30 Stat. 1121, chapter 425);
(B) section 404 of the Federal Water Pollution Control Act
(33 U.S.C. 1344); and
(C) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(c) Termination of Designation.--If, on the date that is 20 years
after the date of enactment of this Act, any area or portion of an area
described in subsection (a)(3) is not bulkheaded, filled, or otherwise
occupied by permanent structures (including marina facilities) in
accordance with subsection (b), or if work in connection with any
activity authorized under subsection (b) is not commenced by the date
that is 5 years after the date on which permits for the work are
issued, the designation of nonnavigability under subsection (a)(1) for
that area or portion of an area shall terminate.
Sec. 108. Nome Harbor Technical Corrections. Section 101(a)(1) of
Public Law 106-53 (the Water Resources Development Act of 1999) is
amended by--
(1) striking ``$25,651,000'' and inserting in its place
``$39,000,000''; and
(2) striking ``$20,192,000'' and inserting in its place
``$33,541,000''.
Sec. 109. Section 211 of the Water Resources Development Act of
2000, Public Law 106-541, is amended by adding the following language
at the end of subsection (d):
``(e) Engineering Research and Development Center.--The Engineering
Research and Development Center is exempt from the requirements of this
section.''.
Sec. 110. Section 514(g) of the Water Resources Development Act of
1999, Public Law 106-53, is amended by striking ``fiscal years 2000 and
2001'' and inserting in lieu thereof ``fiscal years 2000 through
2002''.
Sec. 111. The Secretary of the Army, acting through the Chief of
Engineers, is directed to modify the pump station intake structure and
discharge line to preclude ice from interfering with pump operations at
Fort Fairfield, Maine, flood control project: Provided, That all design
and construction costs associated with the modifications of the Fort
Fairfield, Maine, project shall be at Federal expense.
Sec. 112. Cerrillos Dam, Puerto Rico. The Secretary of the Army
shall reassess the allocation of Federal and non-Federal costs for
construction of the Cerrillos Dam, carried out as part of the project
for flood control, Portugues and Bucana Rivers, Puerto Rico.
Sec. 113. Study of Corps Capability to Conserve Fish and Wildlife.
Section 704(b) of the Water Resources Development Act of 1986 (33
U.S.C. 2263(b)) is amended--
(1) by redesignating paragraphs (1), (2), (3), and (4) as
subparagraphs (A), (B), (C), and (D), respectively;
(2) by striking ``(b) The Secretary'' and inserting the
following:
``(b) Projects.--
``(1) In general.--The Secretary''; and
(3) by striking ``The non-Federal share of the cost of any
project under this section shall be 25 percent.'' and inserting the
following:
``(2) Cost sharing.--
``(A) In general.--The non-Federal share of the cost of any
project under this subsection shall be 25 percent.
``(B) Form.--The non-Federal share may be provided through
in-kind services, including the provision by the non-Federal
interest of shell stock material that is determined by the
Chief of Engineers to be suitable for use in carrying out the
project.
``(C) Applicability.--The non-Federal interest shall be
credited with the value of in-kind services provided on or
after October 1, 2000, for a project described in paragraph (1)
completed on or after that date, if the Secretary determines
that the work is integral to the project.''.
Sec. 114. The flood control project for the Ramapo River at
Oakland, New Jersey, authorized by section 401(a) of the Water
Resources Development Act of 1986, Public Law 99-662, as amended by
section 301(a)(9) of the Water Resources Development Act of 1996,
Public Law 104-33, is modified to authorize the Secretary of the Army,
acting through the Chief of Engineers, to construct the project at a
total cost of $18,000,000, with an estimated Federal cost of
$13,500,000 and an estimated non-Federal cost of $4,500,000 less any
credits allowed under applicable laws.
Sec. 115. Except for the historic scheduled maintenance dredging in
the Delaware River, none of the funds appropriated in this Act shall be
used to operate the dredge McFARLAND other than for urgent dredging,
emergencies and in support of national defense.
Sec. 116. The Secretary may not expend funds to accelerate the
schedule to finalize the Record of Decision for the revision of the
Missouri River Master Water Control Manual and any associated changes
to the Missouri River Annual Operating Plan. During consideration of
revisions to the manual in fiscal year 2002, the Secretary may consider
and propose alternatives for achieving species recovery other than the
alternatives specifically prescribed by the United States Fish and
Wildlife Service in the biological opinion of the Service. The
Secretary shall consider the views of other Federal agencies, non-
Federal agencies, and individuals to ensure that other congressionally
authorized purposes are maintained.
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, $34,918,000, to remain available until expended, of
which $10,749,000 shall be deposited into the Utah Reclamation
Mitigation and Conservation Account for use by the Utah Reclamation
Mitigation and Conservation Commission.
In addition, for necessary expenses incurred in carrying out
related responsibilities of the Secretary of the Interior, $1,310,000,
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,
$762,531,000, to remain available until expended, of which $14,649,000
shall be available for transfer to the Upper Colorado River Basin Fund
and $31,442,000 shall be available for transfer to the Lower Colorado
River Basin Development Fund; of which such amounts as may be necessary
may be advanced to the Colorado River Dam Fund; of which $8,000,000
shall be for on-reservation water development, feasibility studies, and
related administrative costs under Public Law 106-163; and of which not
more than $500,000 is for high priority projects which shall be carried
out by the Youth Conservation Corps, as authorized by 16 U.S.C. 1706:
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 $12,000,000 of the funds appropriated herein shall be
deposited in the San Gabriel Basin Restoration Fund established by
section 110 of division B, title I of Public Law 106-554, of which
$1,000,000 shall be for remediation in the Central Basin Municipal
Water District: 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, is amended
further by inserting ``2001, and 2002'' in lieu of ``and 2001'':
Provided further, That of such funds, not more than $1,500,000 shall be
available to the Secretary for completion of a feasibility study for
the Santa Fe-Pojoaque Regional Water System, New Mexico: Provided
further, That the study shall be completed by September 30, 2002.
bureau of reclamation loan program account
For the cost of direct loans and/or grants, $7,215,000, 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 $26,000,000.
In addition, for administrative expenses necessary to carry out the
program for direct loans and/or grants, $280,000, 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, $55,039,000, 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.
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, $52,968,000, 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 provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed four passenger motor vehicles for replacement
only.
GENERAL PROVISIONS
DEPARTMENT OF THE INTERIOR
Sec. 201. In order to increase opportunities for Indian tribes to
develop, manage, and protect their water resources, the Secretary of
the Interior, acting through the Commissioner of the Bureau of
Reclamation, is authorized to enter into grants and cooperative
agreements with any Indian tribe, institution of higher education,
national Indian organization, or tribal organization pursuant to 31
U.S.C. 6301-6308. Nothing in this Act is intended to modify or limit
the provisions of the Indian Self Determination Act (25 U.S.C. 45 et
seq.).
Sec. 202. San Gabriel Basin, California. (a) Administration of
Restoration Fund.--Section 110(a)(2) of the Miscellaneous
Appropriations Act, 2001 (as enacted into law by section 1(a)(4) of
Public Law 106-554) is amended by striking ``the Secretary of the
Army'' and inserting ``the Secretary of the Interior''.
(b) Purposes of Restoration Fund.--Section 110(a)(3)(A) of such Act
is amended by striking clauses (i) and (ii) and inserting the
following:
``(i) to provide grants to the San Gabriel Basin Water
Quality Authority and the Central Basin Municipal Water
District to reimburse such agencies for the Federal share
of the costs associated with designing and constructing
water quality projects to be administered by such agencies;
and
``(ii) to provide grants to reimburse the San Gabriel
Basin Water Quality Authority and the Central Basin
Municipal Water District for the Federal share of the costs
required to operate any project constructed under this
section for a period not to exceed 10 years, following the
initial date of operation of the project.''.
(c) Cost-Sharing Limitation.--Section 110(a)(3)(B) of such Act (114
Stat. 2763A-223) is amended by adding at the end the following:
``(iii) Credits toward non-federal share.--For purposes
of clause (ii), the Secretary shall credit the San Gabriel
Basin Water Quality Authority with the value of all prior
expenditures by non-Federal interests made after February
11, 1993, that are compatible with the purposes of this
section, including--
``(I) all expenditures made by non-Federal
interests to design and construct water quality
projects, including expenditures associated with
environmental analyses and public involvement
activities that were required to implement the water
quality projects in compliance with applicable Federal
and State laws; and
``(II) all expenditures made by non-Federal
interests to acquire lands, easements, rights-of-way,
relocations, disposal areas, and water rights that were
required to implement a water quality project.''.
Sec. 203. The Secretary of the Interior is authorized and directed
to use not to exceed $1,000,000 of the funds appropriated under title
II to refund amounts received by the United States as payments for
charges assessed by the Secretary prior to January 1, 1994 for failure
to file certain certification or reporting forms prior to the receipt
of irrigation water, pursuant to sections 206 and 224(c) of the
Reclamation Reform Act of 1982 (43 U.S.C. 390ff, 390ww(c)), including
the amount of associated interest assessed by the Secretary and paid to
the United States pursuant to section 224(i) of the Reclamation Reform
Act of 1982 (43 U.S.C. 390ww(i)).
Sec. 204. Lower Colorado River Basin Development Fund. (a) In
general.--Notwithstanding section 403(f) of the Colorado River Basin
Project Act (43 U.S.C. 1543(f)), no amount from the Lower Colorado
River Basin Development Fund shall be paid to the general fund of the
Treasury until each provision of the Stipulation Regarding a Stay and
for Ultimate Judgment Upon the Satisfaction of Conditions, filed in
United States district court on May 3, 2000, in Central Arizona Water
Conservation District v. United States (No. CIV 95-625-TUC-WDB (EHC),
No. CIV 95-1720-OHX-EHC (Consolidated Action)) is met.
(b) Payment to general fund.--If any of the provisions of the
stipulation referred to in subsection (a) are not met by the date that
is 3 years after the date of enactment of this Act, payments to the
general fund of the Treasury shall resume in accordance with section
403(f) of the Colorado River Basin Project Act (43 U.S.C. 1543(f)).
(c) Authorization.--Amounts in the Lower Colorado River Basin
Development Fund that but for this section would be returned to the
general fund of the Treasury shall not be expended until further Act of
Congress.
Sec. 205. (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. 206. The Secretary of the Interior, in accepting payments for
the reimbursable expenses incurred for the replacement, repair, and
extraordinary maintenance with regard to the Valve Rehabilitation
Project at the Arrowrock Dam on the Arrowrock Division of the Boise
Project in Idaho, shall recover no more than $6,900,000 of such
expenses according to the application of the current formula for
charging users for reimbursable operation and maintenance expenses at
Bureau of Reclamation facilities on the Boise Project, and shall
recover this portion of such expenses over a period of 15 years.
Sec. 207. None of the funds appropriated or otherwise made
available by this or any other Act may be used 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 said purchase or
lease is in compliance with the purchase requirements of section 202 of
Public Law 106-60.
Sec. 208. None of the funds made available in this Act may be used
by the Bureau of Reclamation (either directly or by making the funds
available to an entity under a contract) for the issuance of permits
for, or any other activity related to the management of, commercial
rafting activities within the Auburn State Recreation Area, California,
until the requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) and the Federal Water Pollution Control Act
(33 U.S.C. 12151 et seq.) are met with respect to such commercial
rafting activities.
Sec. 209. (a) Section 101(a)(6)(C) of the Water Resources
Development Act of 1999, Public Law 106-53, is amended to read as
follows:
``(C) Makeup of water shortages caused by flood control
operation.--
``(i) In general.--The Secretary of the Interior shall
enter into, or modify, such agreements with the Sacramento
Area Flood Control Agency regarding the operation of Folsom
Dam and Reservoir as may be necessary in order that,
notwithstanding any prior agreement or provision of law,
100 percent of the water needed to make up for any water
shortage caused by variable flood control operation during
any year at Folsom Dam, and resulting in a significant
impact on recreation at Folsom Reservoir shall be replaced,
to the extent the water is available for purchase, by the
Secretary of the Interior.
``(ii) Cost sharing.--Seventy-five percent of the costs
of the replacement water provided under clause (i) shall be
paid for on a non-reimbursable basis by the Secretary of
the Interior at Federal expense. The remaining 25 percent
of such costs shall be provided by the Sacramento Area
Flood Control Agency.
``(iii) Limitation.--To the extent that any funds in
excess of the non-Federal share are provided by the
Sacramento Area Flood Control Agency, the Secretary shall
reimburse such non-Federal interests for such excess funds.
Costs for replacement water may not exceed 125 percent of
the current average market price for raw water, as
determined by the Secretary of the Interior.''.
(b) Conforming Change.--Section 101(a)(1)(D)(ii) of the Water
Resources Development Act of 1996, Public Law 104-303, is amended by
striking ``during'' and all that follows through ``thereafter''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Supply
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy supply 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 17
passenger motor vehicles for replacement only, $666,726,000, to remain
available until expended.
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, $236,372,000, to remain
available until expended: Provided, That funding for the West Valley
Demonstration Project shall be reduced in subsequent fiscal years to
the minimum necessary to maintain the project in a safe and stable
condition, unless, not later than September 30, 2002, the Secretary:
(1) provides written notification to the Committees on Appropriations
of the House of Representatives and the Senate that agreement has been
reached with the State of New York on the final scope of Federal
activities at the West Valley site and on the respective Federal and
State cost shares for those activities; (2) submits a written copy of
that agreement to the Committees on Appropriations of the House of
Representatives and the Senate; and (3) provides a written
certification that the Federal actions proposed in the agreement will
be in full compliance with all relevant Federal statutes and are in the
best interest of the Federal Government.
Uranium Facilities Maintenance and Remediation
For necessary expenses to maintain, decontaminate, decommission,
and otherwise remediate uranium processing facilities, $418,425,000, of
which $299,641,000 shall be derived from the Uranium Enrichment
Decontamination and Decommissioning Fund, all of which shall remain
available until expended.
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 25 passenger motor vehicles
for replacement only, $3,233,100,000, 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, $95,000,000, to remain
available until expended and to be derived from the Nuclear Waste Fund:
Provided, That not to exceed $2,500,000 shall 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 $6,000,000 shall 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 for the State of Nevada shall be made
available solely to the Nevada Division of Emergency Management by
direct payment and units of local government by direct payment:
Provided further, That within 90 days of the completion of each Federal
fiscal year, the Nevada Division of Emergency Management and the
Governor of the State of Nevada and each local entity shall provide
certification to the Department of Energy that all funds expended from
such payments have been expended for activities authorized by Public
Law 97-425 and this Act. 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: Provided further, That all proceeds
and recoveries realized by the Secretary in carrying out activities
authorized by the Nuclear Waste Policy Act of 1982, Public Law 97-425,
as amended, including but not limited to, any proceeds from the sale of
assets, shall be available without further appropriation and shall
remain available until expended.
Departmental Administration
(including transfer of funds)
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), $210,853,000, 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
$137,810,000 in fiscal year 2002 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 2002 so as to result in a final fiscal year
2002 appropriation from the General Fund estimated at not more than
$73,043,000.
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, $32,430,000, to remain available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
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
not to exceed 11 passenger motor vehicles for replacement only,
$5,429,238,000, to remain available until expended.
Defense Nuclear Nonproliferation
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, defense
nuclear nonproliferation 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, $803,586,000, to remain available until expended.
Naval Reactors
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $688,045,000, to
remain available until expended.
Office of the Administrator
For necessary expenses of the Office of the Administrator of the
National Nuclear Security Administration, including official reception
and representation expenses (not to exceed $12,000), $312,596,000, to
remain available until expended.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
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 not to exceed 30 passenger motor
vehicles, of which 27 shall be for replacement only, $5,234,576,000, to
remain available until expended.
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, $1,092,878,000, 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.), $153,537,000, 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, $544,044,000, to remain
available until expended.
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, $280,000,000, 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 official
reception and representation expenses in an amount not to exceed
$1,500.
During fiscal year 2002, 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, $4,891,000, to remain
available until expended; in addition, notwithstanding the provisions
of 31 U.S.C. 3302, up to $8,000,000 collected by the Southeastern Power
Administration pursuant to the Flood Control Act to recover purchase
power and wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended for the sole
purpose of making purchase power and wheeling expenditures.
Operation and Maintenance, Southwestern Power Administration
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, $28,038,000, to remain available until expended; in
addition, notwithstanding the provisions of 31 U.S.C. 3302, not to
exceed $5,200,000 in reimbursements, to remain available until
expended: Provided, That up to $1,512,000 collected by the Southwestern
Power Administration pursuant to the Flood Control Act to recover
purchase power and wheeling expenses shall be credited to this account
as offsetting collections, to remain available until expended for the
sole purpose of making purchase power and wheeling expenditures.
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, $171,938,000, to remain
available until expended, of which $166,651,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That of the
amount herein appropriated, $6,000,000 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:
Provided further, That up to $152,624,000 collected by the Western Area
Power Administration pursuant to the Flood Control Act of 1944 and the
Reclamation Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $2,663,000, 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),
$184,155,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, not to exceed $184,155,000
of revenues from fees and annual charges, and other services and
collections in fiscal year 2002 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 2002 so as to result in a final fiscal year 2002 appropriation
from the General Fund estimated at not more than $0: Provided further,
That the Commission is authorized an additional 5 senior executive
service positions.
GENERAL PROVISIONS
DEPARTMENT OF ENERGY
Sec. 301. (a) None of the funds appropriated by this Act may be
used to award a management and operating contract, or award a
significant extension or expansion to an existing 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 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, in
specificity, the substantive reasons why the Secretary believes the
requirement for competition should be waived for this particular award.
Sec. 302. None of the funds appropriated by this Act may be used
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; 42 U.S.C. 7274h).
Sec. 303. None of the funds appropriated by this Act may be used to
augment the $20,000,000 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; 42 U.S.C. 7274h) unless the Department
of Energy submits a reprogramming request subject to approval by the
appropriate Congressional committees.
Sec. 304. None of the funds appropriated by this Act may be used to
prepare or initiate Requests For Proposals (RFPs) for a program if the
program has not been funded by Congress.
(transfers of unexpended balances)
Sec. 305. The unexpended balances of prior appropriations provided
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.
Sec. 306. None of the funds in this or any other Act for the
Administrator of the Bonneville Power Administration may be used 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 in advance that
such services are not available from private sector businesses.
Sec. 307. When the Department of Energy makes a user facility
available to universities and other potential users, or seeks input
from universities and other potential users regarding significant
characteristics or equipment in a user facility or a proposed user
facility, the Department shall ensure broad public notice of such
availability or such need for input to universities and other potential
users. When the Department of Energy considers the participation of a
university or other potential user as a formal partner in the
establishment or operation of a user facility, the Department shall
employ full and open competition in selecting such a partner. For
purposes of this section, the term ``user facility'' includes, but is
not limited to: (1) a user facility as described in section 2203(a)(2)
of the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a
National Nuclear Security Administration Defense Programs Technology
Deployment Center/User Facility; and (3) any other Departmental
facility designated by the Department as a user facility.
Sec. 308. None of the funds in this Act may be used to dispose of
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 enactment of this
Act, or is generated after such date. For the purposes of this section,
the material categories of transuranic waste at the Rocky Flats
Environmental Technology Site include: (1) ash residues; (2) salt
residues; (3) wet residues; (4) direct repackage residues; and (5)
scrub alloy as referenced in the ``Final Environmental Impact Statement
on Management of Certain Plutonium Residues and Scrub Alloy Stored at
the Rocky Flats Environmental Technology Site''.
Sec. 309. The Administrator of the National Nuclear Security
Administration may authorize the plant manager of a covered nuclear
weapons production plant to engage in research, development, and
demonstration activities with respect to the engineering and
manufacturing capabilities at such plant in order to maintain and
enhance such capabilities at such plant: Provided, That of the amount
allocated to a covered nuclear weapons production plant each fiscal
year from amounts available to the Department of Energy for such fiscal
year for national security programs, not more than an amount equal to 2
percent of such amount may be used for these activities: Provided
further, That for purposes of this section, the term ``covered nuclear
weapons production plant'' means the following:
(1) the Kansas City Plant, Kansas City, Missouri;
(2) the Y-12 Plant, Oak Ridge, Tennessee;
(3) the Pantex Plant, Amarillo, Texas; and
(4) the Savannah River Plant, South Carolina.
Sec. 310. The Administrator of the National Nuclear Security
Administration may authorize the manager of the Nevada Operations
Office to engage in research, development, and demonstration activities
with respect to the development, test, and evaluation capabilities
necessary for operations and readiness of the Nevada Test Site:
Provided, That of the amount allocated to the Nevada Operations Office
each fiscal year from amounts available to the Department of Energy for
such fiscal year for national security programs at the Nevada Test
Site, not more than an amount equal to 2 percent of such amount may be
used for these activities.
Sec. 311. Depleted Uranium Hexafluoride. Section 1 of Public Law
105-204 is amended in subsection (b)--
(1) by inserting ``except as provided in subsection (c),''
after ``1321-349),''; and
(2) by striking ``fiscal year 2002'' and inserting ``fiscal
year 2005''.
Sec. 312. Prohibition of Oil and Gas Drilling in the Finger Lakes
National Forest, New York. No Federal permit or lease shall be issued
for oil or gas drilling in the Finger Lakes National Forest, New York,
during fiscal year 2002.
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,
notwithstanding section 405 of said Act, and, 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,
$71,290,000, 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, $18,500,000, to
remain available until expended.
Delta Regional Authority
Salaries and Expenses
For necessary expenses of the Delta Regional Authority and to carry
out its activities, as authorized by the Delta Regional Authority Act
of 2000, $10,000,000, 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, $38,000,000, 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), and purchase of
promotional items for use in the recruitment of individuals for
employment, $516,900,000, to remain available until expended: Provided,
That of the amount appropriated herein, $23,650,000 shall be derived
from the Nuclear Waste Fund: Provided further, That revenues from
licensing fees, inspection services, and other services and collections
estimated at $473,520,000 in fiscal year 2002 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 the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year 2002 so
as to result in a final fiscal year 2002 appropriation estimated at not
more than $43,380,000: Provided further, That, notwithstanding any
other provision of law, no funds made available under this or any other
Act may be expended by the Commission to implement or enforce any part
of 10 CFR part 35, as adopted by the Commission on October 23, 2000,
with respect to diagnostic nuclear medicine, except those parts which
establish training and experience requirements for persons seeking
licensing as authorized users, until such time as the Commission has
reexamined 10 CFR part 35 and provided a report to the Congress which
explains why the burden imposed by 10 CFR part 35 could not be further
reduced.
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, $6,180,000, to remain available until expended: Provided, That
revenues from licensing fees, inspection services, and other services
and collections estimated at $5,933,000 in fiscal year 2002 shall be
retained and be available until expended, for necessary salaries and
expenses in this account notwithstanding 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced by the
amount of revenues received during fiscal year 2002 so as to result in
a final fiscal year 2002 appropriation estimated at not more than
$247,000.
Nuclear Waste Technical Review Board
Salaries and Expenses
For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $3,100,000, to be
derived from the Nuclear Waste Fund, and to remain available until
expended.
TITLE V
GENERAL PROVISIONS
Sec. 501. 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 18 U.S.C.
1913.
Sec. 502. (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. 503. The Secretary of the Army shall conduct and submit to
Congress a study that examines the known and potential environmental
effects of oil and gas drilling activity in the Great Lakes (including
effects on the shorelines and water of the Great Lakes): Provided, That
during the fiscal years 2002 and 2003, no Federal or State permit or
lease shall be issued for new oil and gas slant, directional, or
offshore drilling in or under one or more of the Great Lakes.
This Act may be cited as the ``Energy and Water Development
Appropriations Act, 2002''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.