[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5431 Reported in House (RH)]

                                                 Union Calendar No. 423
107th CONGRESS
  2d Session
                                H. R. 5431

                          [Report No. 107-681]

 Making appropriations for energy and water development for the fiscal 
        year ending September 30, 2003, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 2002

   Mr. Callahan, from the Committee on Appropriations, reported the 
following bill; which was committed to the Committee of the Whole House 
          on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for energy and water development for the fiscal 
        year ending September 30, 2003, 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, 2003, 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, shore protection, 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, $143,680,000, to remain available until expended: 
Provided, That in conducting the Southwest Valley Flood Damage 
Reduction Study, Albuquerque, New Mexico, the Secretary of the Army, 
acting through the Chief of Engineers, shall include an evaluation of 
flood damage reduction measures that would otherwise be excluded from 
the feasibility analysis based on policies regarding the frequency of 
flooding, the drainage areas, and the amount of runoff: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to use $800,000 of the funds appropriated herein 
to develop a plan, at full Federal expense and in conjunction with 
appropriate Federal and non-Federal entities, to establish a Central 
Gulf Coast water resources management authority which shall be 
responsible for addressing water resources needs of the Central Gulf 
Coast area on a regional basis.

                         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), $1,831,030,000, to 
remain available until expended, of which such sums as are necessary 
for the Federal share of construction costs for facilities under the 
Dredged Material Disposal Facilities program shall be derived from the 
Harbor Maintenance Trust Fund, as authorized by Public Law 104-303; and 
of which such sums as are necessary pursuant to Public Law 99-662 shall 
be derived from the Inland Waterways Trust Fund, for one-half of the 
costs of construction and rehabilitation of inland waterways projects, 
including rehabilitation costs for the Lock and Dam 11, Mississippi 
River, Iowa; Lock and Dam 12, Mississippi River, Iowa; Lock and Dam 24, 
Mississippi River, Illinois and Missouri; Lock and Dam 3, Mississippi 
River, Minnesota; and London Locks and Dam, Kanawha River, West 
Virginia, projects; and of which funds are provided for the following 
projects in the amounts specified:
            San Timoteo Creek (Santa Ana River Mainstem), California, 
        $10,000,000;
            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, Harlan County in accordance with the Draft Detailed 
        Report dated January 2002, Floyd County, Martin County, and 
        Johnson County, Kentucky, elements of the Levisa and Tug Forks 
        of the Big Sandy River and Upper Cumberland River, Kentucky, 
        $29,650,000: Provided, That, using $200,000 of the funds 
        appropriated herein, the Secretary of the Army, acting through 
        the Chief of Engineers, is directed to continue work on the 
        Bois Brule Drainage and Levee District, Missouri, design 
        deficiency project under the terms and conditions specified in 
        Public Law 107-66: Provided further, That using $9,744,000 of 
        the funds appropriated herein, the Secretary of the Army, 
        acting through the Chief of Engineers, is directed to continue 
        construction of the Dallas Floodway Extension, Texas, project, 
        including the Cadillac Heights feature, generally in accordance 
        with the Chief of Engineers report dated December 7, 1999: 
        Provided further, That the Secretary of the Army, acting 
        through the Chief of Engineers, is directed to use $4,000,000 
        of the funds appropriated herein to undertake the Bowie County 
        Levee, Texas, project, which is defined as Alternative B, Local 
        Sponsor Option, in the Corps of Engineers document entitled 
        Bowie County Local Flood Protection, Red River, Texas, Project 
        Design Memorandum No. 1, Bowie County Levee, dated April 1997: 
        Provided further, That cost sharing for the Bowie County Levee, 
        Texas, project shall be in accordance with the provisions of 
        the Flood Control Act of 1946: Provided further, That the 
        Secretary of the Army is directed to accept advance funds, 
        pursuant to section 11 of the River and Harbor Act of 1925, 
        from the non-Federal sponsor of the Los Angeles Harbor, 
        California, project authorized by section 101(b)(5) of Public 
        Law 106-541, which are needed to maintain the project schedule.

 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), $342,071,000, 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, 
$1,990,280,000, 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 using 
$888,000 of the funds appropriated herein, the Secretary of the Army, 
acting through the Chief of Engineers, is directed to undertake 
recreation improvements associated with the pool raise at Waco Lake, 
Texas: Provided further, That the Secretary of the Army, acting through 
the Chief of Engineers, is directed to fully investigate alternative 
methods of maintaining the Tennessee-Tombigbee Waterway project, 
including lease, lease/purchase, or purchase of a commercially 
manufactured dredge and ancillary equipment, and to implement, within 
two years, the method that would facilitate a more cost-effective and 
reliable means of maintaining authorized project dimensions: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to use $3,660,000 of the funds appropriated 
herein to undertake work to expand or improve recreational facilities 
and undertake environmental restoration activities at the Hansen Dam 
Recreation Area, California, consistent with the Hansen Dam Recreation 
Area Master Plan.

                 Flood Control and Coastal Emergencies

    For expenses necessary for emergency flood control, hurricane 
response, and emergency shore protection and related activities, 
$20,000,000, to remain available until expended.

                           Regulatory Program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $134,000,000, 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, $150,000,000, to remain 
available until expended.

                            General Expenses

    For expenses necessary for general administration and related 
functions in the Office of the Chief of Engineers and offices of the 
Division Engineers, activities of the Humphreys Engineer Center Support 
Activity, the Institute for Water Resources, and headquarters support 
functions at the USACE Finance Center, $154,651,000, 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. Agreements proposed for execution by the Assistant 
Secretary of the Army for Civil Works or the United States Army Corps 
of Engineers after the date of the enactment of this Act pursuant to 
section 4 of the Rivers and Harbor Act of 1915, Public Law 64-291; 
section 11 of the River and Harbor Act of 1925, Public Law 68-585; the 
Civil Functions Appropriations Act, 1936, Public Law 75-208; section 
215 of the Flood Control Act of 1968, as amended, Public Law 90-483; 
sections 104, 203, and 204 of the Water Resources Development Act of 
1986, as amended, Public Law 99-662; section 206 of the Water Resources 
Development Act of 1992, as amended, Public Law 102-580; section 211 of 
the Water Resources Development Act of 1996, Public Law 104-303; and 
any other specific project authority, shall be limited to credits and 
reimbursements per project not to exceed $10,000,000 in each fiscal 
year, and total credits and reimbursements for all applicable projects 
not to exceed $50,000,000 in each fiscal year.
    Sec. 102. Provided that the dredge McFARLAND is operated in the 
manner recommended in the report of the Assistant Secretary of the Army 
(Civil Works) to Congress dated June 12, 2000, and is operated using 
the same procedures as those established to operate the dredge WHEELER, 
the Secretary of the Army may expend funds under normal competitive 
procedures for renovations of the dredge McFARLAND as have been 
previously authorized by section 563 of Public Law 104-303.
    Sec. 103. None of the funds appropriated in this or any other Act 
may be used by the U.S. Army Corps of Engineers to support activities, 
including reconnaissance and feasibility studies, and planning, 
engineering and design, related to the Chicago Harbor Visitors Center.
    Sec. 104. The Secretary of the Army, acting through the Chief of 
Engineers, is directed to reduce by 37 percent the full-time employees 
at the Chicago District office of the U.S. Army Corps of Engineers.

                                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, $34,902,000, to remain available until expended, of 
which $11,259,000 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, $1,326,000, 
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, 
$807,518,000, to remain available until expended, of which $36,400,000 
shall be available for transfer to the Upper Colorado River Basin Fund 
and $34,327,000 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 $4,600,000 
shall be for on-reservation water development, feasibility studies, and 
related administrative costs under Public Law 106-163; and of which not 
more than $500,000 is for high priority projects which shall be carried 
out by the Youth Conservation Corps, as authorized by 16 U.S.C. 1706: 
Provided, That such transfers may be increased or decreased within the 
overall appropriation under this heading: Provided further, That of the 
total appropriated, the amount for program activities that can be 
financed by the Reclamation Fund or the Bureau of Reclamation special 
fee account established by 16 U.S.C. 460l-6a(i) shall be derived from 
that Fund or account: Provided further, That funds contributed under 43 
U.S.C. 395 are available until expended for the purposes for which 
contributed: Provided further, That funds advanced under 43 U.S.C. 397a 
shall be credited to this account and are available until expended for 
the same purposes as the sums appropriated under this heading: Provided 
further, That $12,000,000 of the funds appropriated herein shall be 
deposited in the San Gabriel Basin Restoration Fund established by 
section 110 of division B, title I of Public Law 106-554, as amended: 
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 ``2002, and 2003'' in lieu of ``and 2002''.

                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, $48,904,000, 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, $54,870,000, 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 16 passenger motor vehicles, of which 12 are 
for replacement only.

                           GENERAL PROVISIONS

                       DEPARTMENT OF THE INTERIOR

    Sec. 201. In order to increase opportunities for Indian tribes to 
develop, manage, and protect their water resources, in fiscal year 
2003, the Secretary of the Interior, acting through the Commissioner of 
the Bureau of Reclamation, is authorized to enter into grants and 
cooperative agreements with any Indian tribe, institution of higher 
education, national Indian organization, or tribal organization 
pursuant to 31 U.S.C. 6301-6308. Nothing in this Act is intended to 
modify or limit the provisions of the Indian Self Determination Act (25 
U.S.C. 45 et seq.).
    Sec. 202. (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. 203. Section 212 of the Energy and Water Development 
Appropriations Act, 2001 (114 Stat. 1441B-13) is amended as follows:
            (1) In subsection (a)(2)--
                    (A) by inserting ``all real and personal property 
                rights and interests associated with such conduits and 
                canals, all water rights of whatever nature or kind 
                associated therewith, and'' before ``all recreational 
                facilities''; and
                    (B) by inserting ``and improvements'' after 
                ``recreational facilities''.
            (2) In subsection (b)--
                    (A) by striking ``as soon as practicable after date 
                of enactment of this Act'' and inserting ``by no later 
                than June 30, 2003,''; and
                    (B) by inserting ``including all real and personal 
                property rights, water rights, and facilities held by 
                or appropriated to the United States'' after ``all 
                right, title, and interest in and to the Sly Park Unit 
                to the District''.
            (3) In subsection (c)--
                    (A) by striking ``The Secretary'' and inserting 
                ``(1) Subject to paragraph (2), the Secretary'';
                    (B) by inserting ``and subsequent interim renewal 
                contracts associated therewith'' after ``contract 
                number 14-06-200-949IR3''; and
                    (C) by adding at the end the following:
    ``(2) The amount the Secretary is authorized to receive under 
paragraph (1) shall be reduced by an amount equal to any payments 
received by the United States from the District under the contracts 
referred to in paragraph (1) in the period beginning on the date of the 
enactment of this Act and ending on the date of conveyance of the Sly 
Park Unit under this section.''.
    Sec. 204. Section 110(a)(3)(A)(i) of division B of the 
Miscellaneous Appropriations Act, 2001 (as enacted into law by section 
1(a)(4) of Public Law 106-554), is further amended by inserting ``, 
including all expenditures made by the Central Basin Municipal Water 
District between February 11, 1993, and December 21, 2000'' before the 
semi-colon.

                               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, $633,909,000, 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, $213,259,000, to remain 
available until expended.

             Uranium Facilities Maintenance and Remediation

    For necessary expenses to maintain, decontaminate, decommission, 
and otherwise remediate uranium processing facilities, $382,154,000, of 
which $235,523,000, 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 28 passenger motor vehicles 
for replacement only, $3,271,233,000, 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, $209,702,000, to remain 
available until expended and to be derived from the Nuclear Waste Fund: 
Provided, That not to exceed $2,500,000 shall be provided to the State 
of Nevada solely for expenditures, other than salaries and expenses of 
State employees, to conduct scientific oversight responsibilities 
pursuant to the Nuclear Waste Policy Act of 1982, Public Law 97-425, as 
amended: Provided further, That not to exceed $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

    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), $208,672,000, to 
remain available until expended, plus such additional amounts as 
necessary to cover increases in the estimated amount of cost of work 
for others notwithstanding the provisions of the Anti-Deficiency Act 
(31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work 
are offset by revenue increases of the same or greater amount, to 
remain available until expended: Provided further, That moneys received 
by the Department for miscellaneous revenues estimated to total 
$80,000,000 in fiscal year 2003 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 2003 so as to result in a final fiscal year 
2003 appropriation from the General Fund estimated at not more than 
$128,672,000.

                    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, $37,671,000, to remain available until expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

                     (including transfer of funds)

    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 one passenger motor vehicle, $5,772,068,000, to remain 
available until September 30, 2005: Provided, That after March 1, 2003, 
none of the funds in this paragraph may be obligated or expended for 
activities of the Nuclear Weapons Council until the Council certifies 
to the Armed Services and Appropriations Committees of Congress that 
Selected Acquisition Reports submitted to Congress in the fiscal year 
2004 budget by the Department of Energy are identical in format, 
content, and security classification to those submitted by the 
Department of Defense: Provided further, That none of the funds in this 
paragraph may be obligated or expended after February 1, 2004, (1) 
until the Department of Energy has in place a financial system in which 
the Government fully and accurately tracks the costs of nuclear weapons 
programs and activities by weapon system and (2) unless the President's 
budget for fiscal year 2005 includes detailed budget justification for 
each weapon system: Provided further, That not less than $10,000,000 of 
the funds provided in this paragraph shall be transferred to the Chief 
Financial Officer of the Department of Energy for the sole purpose of 
upgrading the Department of Energy's accounting and financial systems 
to track National Nuclear Security Administration costs by weapon 
system.

                    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, $1,167,630,000, to remain available until September 30, 
2005.

                             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, $706,790,000, to 
remain available until September 30, 2005.

                      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), $261,929,000, to 
remain available until September 30, 2003.

               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 24 passenger motor 
vehicles, for replacement only, $4,543,661,000, to remain available 
until expended.

                Environmental Management Cleanup Reform

                     (including transfer of funds)

    For Department of Energy expenses, including the purchase, 
construction, and acquisition or condemnation of any real property or 
plant, and capital equipment and other expenses necessary to accelerate 
or provide alternative cleanup strategies for 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.), 
$1,100,000,000, to remain available until expended: Provided, That 
these amounts may be transferred to and merged with accounts under this 
title which fund specific cleanup activities only after the Secretary 
of Energy enters into an agreement satisfactory to the Secretary and 
the appropriate State and Federal regulators, for each site for which 
these funds may be used.

                  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, $1,091,314,000, 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.), $158,399,000, 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, $485,076,000, 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, $315,000,000, 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 2003, 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, $4,534,000, to remain 
available until expended; in addition, notwithstanding the provisions 
of 31 U.S.C. 3302, up to $14,463,000 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, $27,378,000, to remain available until expended; in 
addition, notwithstanding the provisions of 31 U.S.C. 3302, not to 
exceed $16,455,000 in reimbursements, to remain available until 
expended: Provided, Notwithstanding the provisions of 31 U.S.C. 3302, 
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, $162,758,000, to remain 
available until expended, of which $158,605,000 shall be derived from 
the Department of the Interior Reclamation Fund: Provided, That up to 
$156,124,000 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, $2,734,000, 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), 
$192,000,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, not to exceed $192,000,000 
of revenues from fees and annual charges, and other services and 
collections in fiscal year 2003 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 2003 so as to result in a final fiscal year 2003 appropriation 
from the General Fund estimated at not more than $0.

                           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 a contract for 
environmental remediation or waste management in excess of $100 million 
in annual funding at a current or former management and operating 
contract site or facility, or award a significant extension or 
expansion to an existing management and operating contract, or other 
contract covered by this section, unless such contract is awarded using 
competitive procedures or the Secretary of Energy grants, on a case-by-
case basis, a waiver to allow for such a deviation. The Secretary may 
not delegate the authority to grant such a waiver.
    (b) At least 60 days before a contract award for which the 
Secretary intends to grant such a waiver, the Secretary shall submit to 
the Subcommittees on Energy and Water Development of the Committees on 
Appropriations of the House of Representatives and the Senate a report 
notifying the Subcommittees of the waiver and setting forth, in 
specificity, the substantive reasons why the Secretary believes the 
requirement for competition should be waived for this particular award.
    Sec. 302. None of the funds appropriated by this Act may be used 
to--
            (1) develop or implement a workforce restructuring plan 
        that covers employees of the Department of Energy; or
            (2) provide enhanced severance payments or other benefits 
        for employees of the Department of Energy,
under section 3161 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 42 U.S.C. 7274h).
    Sec. 303. None of the funds appropriated by this Act may be used to 
augment the $20,000,000 made available for obligation by this Act for 
severance payments and other benefits and community assistance grants 
under section 3161 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 42 U.S.C. 7274h) unless the Department 
of Energy submits a reprogramming request subject to approval by the 
appropriate Congressional committees.
    Sec. 304. None of the funds appropriated by this Act may be used to 
prepare or initiate Requests For Proposals (RFPs) for a program if the 
program has not been funded by Congress.

                   (transfers of unexpended balances)

    Sec. 305. The unexpended balances of prior appropriations provided 
for activities in this Act may be transferred to appropriation accounts 
for such activities established pursuant to this title. Balances so 
transferred may be merged with funds in the applicable established 
accounts and thereafter may be accounted for as one fund for the same 
time period as originally enacted.
    Sec. 306. None of the funds in this or any other Act for the 
Administrator of the Bonneville Power Administration may be used to 
enter into any agreement to perform energy efficiency services outside 
the legally defined Bonneville service territory, with the exception of 
services provided internationally, including services provided on a 
reimbursable basis, unless the Administrator certifies in advance that 
such services are not available from private sector businesses.
    Sec. 307. When the Department of Energy makes a user facility 
available to universities and other potential users, or seeks input 
from universities and other potential users regarding significant 
characteristics or equipment in a user facility or a proposed user 
facility, the Department shall ensure broad public notice of such 
availability or such need for input to universities and other potential 
users. When the Department of Energy considers the participation of a 
university or other potential user as a formal partner in the 
establishment or operation of a user facility, the Department shall 
employ full and open competition in selecting such a partner. For 
purposes of this section, the term ``user facility'' includes, but is 
not limited to: (1) a user facility as described in section 2203(a)(2) 
of the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a 
National Nuclear Security Administration Defense Programs Technology 
Deployment Center/User Facility; and (3) any other Departmental 
facility designated by the Department as a user facility.
    Sec. 308. The Administrator of the National Nuclear Security 
Administration may authorize the plant manager of a covered nuclear 
weapons production plant to engage in research, development, and 
demonstration activities with respect to the engineering and 
manufacturing capabilities at such plant in order to maintain and 
enhance such capabilities at such plant: Provided, That of the amount 
allocated to a covered nuclear weapons production plant each fiscal 
year from amounts available to the Department of Energy for such fiscal 
year for national security programs, not more than an amount equal to 2 
percent of such amount may be used for these activities: Provided 
further, That for purposes of this section, the term ``covered nuclear 
weapons production plant'' means the following:
            (1) the Kansas City Plant, Kansas City, Missouri;
            (2) the Y-12 Plant, Oak Ridge, Tennessee;
            (3) the Pantex Plant, Amarillo, Texas; and
            (4) the Savannah River Plant, South Carolina.
    Sec. 309. The Administrator of the National Nuclear Security 
Administration may authorize the manager of the Nevada Operations 
Office to engage in research, development, and demonstration activities 
with respect to the development, test, and evaluation capabilities 
necessary for operations and readiness of the Nevada Test Site: 
Provided, That of the amount allocated to the Nevada Operations Office 
each fiscal year from amounts available to the Department of Energy for 
such fiscal year for national security programs at the Nevada Test 
Site, not more than an amount equal to 2 percent of such amount may be 
used for these activities.
    Sec. 310. Section 310 of the Energy and Water Development 
Appropriations Act, 2000 (Public Law 106-60), is hereby repealed.
    Sec. 311. Funds appropriated by this or any other Act, or made 
available by the transfer of funds in this Act, for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2003 until the enactment of the Intelligence 
Authorization Act for fiscal year 2003.

                                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, 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, $19,000,000, to 
remain available until expended.

                     NUCLEAR REGULATORY COMMISSION

                         Salaries and Expenses

    For necessary expenses of the Commission in carrying out the 
purposes of the Energy Reorganization Act of 1974, as amended, and the 
Atomic Energy Act of 1954, as amended, including official 
representation expenses (not to exceed $15,000), and purchase of 
promotional items for use in the recruitment of individuals for 
employment, $578,184,000, to remain available until expended: Provided, 
That of the amount appropriated herein, $24,900,000 shall be derived 
from the Nuclear Waste Fund: Provided further, That revenues from 
licensing fees, inspection services, and other services and collections 
estimated at $520,087,000 in fiscal year 2003 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 2003 so 
as to result in a final fiscal year 2003 appropriation estimated at not 
more than $58,097,000.

                      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, $6,800,000, to remain available until expended: Provided, That 
revenues from licensing fees, inspection services, and other services 
and collections estimated at $6,392,000 in fiscal year 2003 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 2003 so as to result in 
a final fiscal year 2003 appropriation estimated at not more than 
$408,000.

                  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, $3,102,000, 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. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 504. No funds appropriated in this Act may be used by the 
Federal Energy Regulatory Commission to grant any public utility the 
authority to use market-based rates until the Commission has issued a 
final order in all market-based rate cases that have been pending 
before the commission for more than 18 months.
    This Act may be cited as the ``Energy and Water Development 
Appropriations Act, 2003''.




                                                 Union Calendar No. 423

107th CONGRESS

  2d Session

                               H. R. 5431

                          [Report No. 107-681]

_______________________________________________________________________

                                 A BILL

 Making appropriations for energy and water development for the fiscal 
        year ending September 30, 2003, and for other purposes.

_______________________________________________________________________

                           September 24, 2002

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed