[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2311 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  1st Session
                                H. R. 2311

_______________________________________________________________________

                                 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, 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, $163,260,000, to remain available until expended: 
Provided, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to use $1,000,000 of the 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 proceed 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 $200,000 of the 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 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.

                         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), $1,671,854,000, 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 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, 
        $10,000,000;
            Indianapolis Central Waterfront, Indiana, $9,000,000;
            Southern and Eastern Kentucky, Kentucky, $4,000,000; and
            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: 
        Provided, That $15,000,000 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 
        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.

 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), $347,665,000, 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, 
$1,864,464,000, 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 with 
$1,500,000 of the 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 $2,000,000 of the 
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 $1,000,000 of the funds appropriated herein to fully 
investigate the development of an upland disposal site recycling 
program on the Black Warrior and Tombigbee Rivers project and the 
Apalachicola, Chattahoochee and Flint Rivers 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, and flood proofing of four 
commercial buildings along Prospect Place and Union Avenue, and also 
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.

                           Regulatory Program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $128,000,000, 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. Section 110(3)(B)(ii) of division B, title I of Public 
Law 106-554 is amended by inserting the following before the period: 
``: Provided, That the Secretary shall credit the San Gabriel Water 
Quality Authority with the value of all prior expenditures by the non-
Federal interests that are compatible with the purposes of this Act''.
    Sec. 102. 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 in active ready reserve 
for urgent dredging, emergencies and in support of national defense.
    Sec. 103. (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. 104. 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.
    Sec. 105. None of the funds made available in this Act may be used 
to revise the Missouri River Master Water Control Manual when it is 
made known to the Federal entity or official to which the funds are 
made available that such revision provides for an increase in the 
springtime water release program during the spring heavy rainfall and 
snow melt period in States that have rivers draining into the Missouri 
River below the Gavins Point Dam.

                                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, 
$691,160,000, 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 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''.

               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. 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. 202. Section 101(a)(6)(C) of the Water Resources Development 
Act of 1999 (113 Stat. 274) is amended to read as follows:
                    ``(C) Makeup of water shortages caused by flood 
                control operation.--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 to the 
                environment or to recreation shall be replaced, to the 
                extent that water is available, as determined by the 
                Secretary of the Interior, with 100 percent of the cost 
                of such available water borne by the Sacramento Area 
                Flood Control Agency.''.

                               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, $639,317,000, 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, $227,872,000, to remain 
available until expended.

             Uranium Facilities Maintenance and Remediation

    For necessary expenses to maintain, decontaminate, decommission, 
and otherwise remediate uranium processing facilities, $393,425,000, of 
which $272,641,000 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, $3,166,395,000, 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, $133,000,000, to remain 
available until expended and to be derived from the Nuclear Waste Fund: 
Provided, That not to exceed $2,500,000 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 $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), $209,611,000, 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 of the funds 
provided to the Department of Energy under title III of Public Law 105-
277 for activities related to achieving Year 2000 conversion of Federal 
information technology systems and related expenses, remaining 
balances, estimated to be $1,480,000, may be transferred to this 
account, and shall remain available until expended, for continuation of 
information technology enhancement activities: 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 $71,801,000.

                    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 ADMINISTRATON

                           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, 
$5,123,888,000, 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, $845,341,000, 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), $10,000,000, 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, $5,174,539,000, 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.), $143,208,000, 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, $487,464,000, 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, $310,000,000, 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, $172,165,000, 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, $1,227,000 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), 
$181,155,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, not to exceed $181,155,000 
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 none of the funds made available to the Federal Energy Regulatory 
Commission in this or any other Act may be used to authorize 
construction of the Gulfstream Natural Gas Project.

                           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 $21,900,000 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. None of the funds appropriated in other than Energy and 
Water Development Appropriations Acts may be used for Department of 
Energy laboratory directed research and development (LDRD).
    Sec. 308. 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 in the establishment or operation of 
a user facility, the Department shall employ full and open competition 
in selecting such a participant. 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 Department facility designated by the Department as a user 
facility.

                                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.

                     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.

                      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. (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. 504. No funds provided in this Act may be expended to issue 
any permit or other authorization under section 10 of the Rivers and 
Harbors Appropriation Act of 1899 (33 U.S.C. 403), or to issue any 
other lease, license, permit, approval, or right-of-way, for any 
drilling to extract or explore for oil or gas from the land beneath the 
water in any of Lake Huron, Lake Ontario, Lake Michigan, Lake Erie, 
Lake Superior, Lake Saint Clair, the Saint Mary's River, the Saint 
Clair River, the Detroit River, the Niagara River, or the Saint 
Lawrence River from Lake Ontario to the 45th parallel of latitude.
    Sec. 505. None of the funds appropriated or otherwise made 
available in this Act may be made available to any person or entity 
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
    Sec. 506. No funds in this Act may be used to drill for oil and 
gas, through, in or under, the Mosquito Creek Reservoir, Trumbull 
County, Ohio.
    This Act may be cited as the ``Energy and Water Development 
Appropriations Act, 2002''.

            Passed the House of Representatives June 28, 2001.

            Attest:

                                                                 Clerk.
107th CONGRESS

  1st Session

                               H. R. 2311

_______________________________________________________________________

                                 AN ACT

 Making appropriations for energy and water development for the fiscal 
        year ending September 30, 2002, and for other purposes.