[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.