[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2784 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 514
107th CONGRESS
  2d Session
                                S. 2784

                          [Report No. 107-220]

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


Rule___________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 24, 2002

Mr. Reid, from the Committee on Appropriations, reported the following 
     original bill; which was read twice and placed on the calendar

_______________________________________________________________________

                                 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, for energy and water development, and for other 
purposes, namely:

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

    The following appropriations shall be expended under the direction 
of the Secretary of the Army and the supervision of the Chief of 
Engineers for authorized civil functions of the Department of the Army 
pertaining to rivers and harbors, flood control, 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, $148,304,000, to remain available until expended.

                         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), $1,745,102,000, 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: Provided, That using $2,000,000 of the funds 
provided herein, the Secretary of the Army, acting through the Chief of 
Engineers, is directed to conduct, at full Federal expense, technical 
studies of individual ditch systems identified by the State of Hawaii, 
and to assist the State in diversification by helping to define the 
cost of repairing and maintaining selected ditch systems: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to use $2,000,000 of the funds appropriated 
herein to continue construction of the navigation project at Kaumalapau 
Harbor, Hawaii: Provided further, That the Secretary of the Army is 
directed to use $5,000,000 of the funds provided herein for Dam safety 
and Seepage/Stability Correction Program to continue construction of 
seepage control features at Waterbury Dam, Vermont: Provided further, 
That the Secretary of the Army, acting through the Chief of Engineers, 
is directed to use $16,900,000 of the funds appropriated herein to 
proceed with planning, engineering, design or construction of the 
following elements of the Levisa and Tug Forks of the Big Sandy River 
and Upper Cumberland River Project:
            $10,400,000 to continue work on the Grundy, Virginia, 
        element of the project;
            $500,000 to complete the Buchanan County, Virginia, 
        Detailed Project Report;
            $500,000 to continue the Dickenson County, Detailed Project 
        Report;
            $5,500,000 for Lower Mingo County, Upper Mingo County, 
        Wayne County, and McDowell County, West Virginia:
Provided further, That the Secretary of the Army, acting through the 
Chief of Engineers, is directed to continue the Dickenson County 
Detailed Project Report as generally defined in Plan 4 of the 
Huntington District Engineer's Draft Supplement to the Section 202 
General Plan for Flood Damage Reduction dated April 1997, including all 
Russell Fork tributary streams within the County and special 
considerations as may be appropriate to address the unique relocations 
and resettlement needs for the flood prone communities within the 
County: Provided further, That the Assistant Secretary of the Army, 
acting through the Chief of Engineers is directed to proceed with the 
construction of the Dallas Floodway Extension, Texas, in accordance 
with the Chief of Engineers report dated December 7, 1999: Provided 
further, That the Assistant Secretary of the Army, acting through the 
Chief of Engineers is directed to proceed with the construction of the 
Seward Harbor, Alaska project, in accordance with the Report of the 
Chief of Engineers dated June 8, 1999 and the economic justification 
contained therein: Provided further, That the Assistant Secretary of 
the Army, acting through the Chief of Engineers is directed to proceed 
with the construction of the Wrangell Harbor, Alaska project in 
accordance with the Chief of Engineer's report dated December 23, 1999: 
Provided further, That, of the funds provided herein, $3,000,000 shall 
be made available for the Galena Bank Stabilization Project in Galena, 
Alaska: Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is authorized and directed to use 
$5,000,000 of Construction, General funding as provided herein for 
construction of an emergency outlet from Devils Lake, North Dakota, to 
the Sheyenne River, at an estimated total cost of $100,000,000, which 
shall be cost-shared in accordance with section 103 of the Water 
Resources Development Act of 1986, as amended (33 U.S.C. 2213), except 
that the funds shall not become available unless the Secretary of the 
Army determines that an emergency (as defined in section 102 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5122)) exists with respect to the emergency need for the outlet 
and reports to Congress that the construction is technically sound and 
environmentally acceptable, and in compliance with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.): Provided 
further, That the justification for the emergency outlet shall be fully 
described, including the analysis of the benefits and costs, in the 
project plan documents: Provided further, That the plans for the 
emergency outlet shall be reviewed and, to be effective, shall contain 
assurances provided by the Secretary of State, that the project will 
not violate the Treaty Between the United States and Great Britain 
Relating to the Boundary Waters Between the United States and Canada, 
signed at Washington, January 11, 1909 (36 Stat. 2448; TS 548) 
(commonly known as the ``Boundary Waters Treaty of 1909''): Provided 
further, That the Secretary of the Army shall submit the final plans 
and other documents for the emergency outlet to Congress: Provided 
further, That no funds made available under this Act or any other Act 
for any fiscal year may be used by the Secretary of the Army to carry 
out the portion of the feasibility study of the Devils Lake Basin, 
North Dakota, authorized under the Energy and Water Development 
Appropriations Act, 1993 (Public Law 102-377), that addresses the needs 
of the area for stabilized lake levels through inlet controls, or to 
otherwise study any facility or carry out any activity that would 
permit the transfer of water from the Missouri River Basin into Devils 
Lake.

 flood control, mississippi river and tributaries, arkansas, illinois, 
       kentucky, louisiana, mississippi, missouri, and tennessee

    For expenses necessary for prosecuting work of flood control, 
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), $337,937,000, to remain available until 
expended.

                   Operation and Maintenance, General

    For expenses necessary for the protection, 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, 
$1,956,182,000, 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 of funds 
appropriated herein, for the Intracoastal Waterway, Delaware River to 
Chesapeake Bay, Delaware and Maryland, the Secretary of the Army, 
acting through the Chief of Engineers, is directed to reimburse the 
State of Delaware for normal operation and maintenance costs incurred 
by the State of Delaware for the SR1 Bridge from station 58+00 to 
station 293+00 between May 12, 1997 and September 30, 2002: Provided 
further, That the Secretary of the Army is directed to use $3,000,000 
of funds appropriated herein to remove and reinstall the docks and 
causeway, in kind, at Astoria East Boat Basin, Oregon.

                           Regulatory Program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $144,252,000, 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, $140,298,000, to remain 
available until expended.

                 Flood Control and Coastal Emergencies

    For expenses necessary for emergency flood control, hurricane 
response, and emergency shore protection, and related activities, 
$20,227,000, 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, $155,651,000, 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. St. Georges Bridge, Delaware. None of the funds made 
available in this Act may be used to carry out any activity relating to 
closure or removal of the St. Georges Bridge across the Intracoastal 
Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland, 
including a hearing or any other activity relating to preparation of an 
environmental impact statement concerning the closure or removal.
    Sec. 103. Section 595(h)(1) of Public Law 106-53 is amended by 
striking ``$25,000,000'' and inserting in lieu thereof ``50,000,000''.
    Sec. 104. The Secretary of the Army, acting through the Chief of 
Engineers is directed to increase the use of the private sector in 
performing planning, engineering and design work for Corps' projects to 
40 percent of the planning, engineering and design work conducted by 
the Corps.
    Sec. 105. St. Paul Island Harbor, St. Paul, Alaska Technical 
Corrections. Section 101(b)(3) of Public Law 104-303 (the Water 
Resources Development Act of 1996), (110 Stat. 3667) is amended by--
            (1) striking ``$18,981,000'' and inserting in lieu thereof 
        ``$52,300,000''; and
            (2) striking ``$12,239,000'' and inserting in lieu thereof 
        ``$45,558,000''.
    Sec. 106. Abiquiu Dam, New Mexico. Section 1112 of Public Law 99-
662 (the Water Resources Development Act of 1986), (100 Stat. 4232) is 
amended by striking ``$2,700,000'' and inserting in lieu thereof 
``$10,000,000''.
    Sec. 107. To accommodate the recent past rapid growth and to 
minimize impacts to the local community in the developing Las Vegas 
region, project funds for the Tropicana Flamingo Wash project are 
authorized for use to build or replace facilities to allow traffic to 
cross project channels at road crossings. The sponsor is hereby 
afforded credit towards their share of the total project cost.
    Sec. 108. The Secretary of the Army may expend funds under normal 
competitive procedures for rehabilitation of the dredge McFARLAND. The 
Secretary shall not obligate any funds to place the dredge in ready 
reserve status.

                                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, 
$816,147,000, 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; (of which not 
more than 25 percent of the amount provided for drought emergency 
assistance may be used for financial assistance for the preparation of 
cooperative drought contingency plans under title II of Public Law 102-
250;) 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 ``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.

                    california bay-delta restoration

                     (including transfer of funds)

    For carrying out authorized activities that are in accord with the 
CALFED Bay-Delta Program, including activities that would improve fish 
and wildlife habitat, water supply reliability, and water quality, 
consistent with plans to be approved by the Secretary of the Interior, 
$0, to remain available until expended, of which such amounts as may be 
necessary to carry out such activities may be transferred to 
appropriate accounts of other participating Federal agencies to carry 
out authorized purposes: Provided, That funds appropriated herein may 
be used for the Federal share of the costs of CALFED Program 
management.

                       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 four passenger motor vehicles for replacement 
only.

                           GENERAL PROVISIONS

                       DEPARTMENT OF THE INTERIOR

    Sec. 201. None of the funds appropriated or otherwise made 
available by this or any other Act may be used to pay the salaries and 
expenses of personnel to purchase or lease water in the Middle Rio 
Grande or the Carlsbad Projects in New Mexico unless said purchase or 
lease is in compliance with the purchase requirements of section 202 of 
Public Law 106-60.
    Sec. 202. Funds under this title for Drought Emergency Assistance 
shall be made available primarily for leasing of water for specified 
drought related purposes from willing lessors, in compliance with 
existing State laws and administered under State water priority 
allocation. Such leases may be entered into with an option to purchase: 
Provided, That such purchase is approved by the State in which the 
purchase takes place and the purchase does not cause economic harm 
within the State in which the purchase is made.
    Sec. 203. The natural desert terminal lakes program administered by 
the Bureau of Reclamation shall apply only to Walker and Pyramid Lakes 
in the State of Nevada.
    Sec. 204. The Commissioner of the Bureau of Reclamation is directed 
to increase the use of the private sector in performing planning, 
engineering and design work for Bureau of Reclamation's projects to 10 
percent in fiscal year 2003, and in each subsequent year until the 
level of work is at least 40 percent for the planning, engineering and 
design work conducted by the Bureau of Reclamation.
    Sec. 205. North Central Montana Rural Water Supply. Using 
previously appropriated funds, the Bureau is directed to undertake 
activities related to the development of the North Central Montana 
Rural Water Supply system. Such sums shall remain available, without 
fiscal year limitation, until expended.
    Sec. 206. Section 8 of Public Law 104-298 (the Water Desalination 
Act of 1996), (110 Stat. 3624) is amended further by--
            (1) in paragraph (a) by striking ``2002'' and inserting in 
        lieu thereof ``2004''; and
            (2) in paragraph (b) by striking ``2002'' and inserting in 
        lieu thereof ``2004''.
    Sec. 207. (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.

                               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, and uranium supply and enrichment 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, $815,306,000, 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, $176,000,000, to remain 
available until expended.

             Uranium Facilities Maintenance and Remediation

                     (including transfer of funds)

    For necessary expenses to maintain, decontaminate, decommission, 
and otherwise remediate uranium processing facilities, $471,154,000, of 
which $334,523,000 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 25 passenger motor vehicles 
for replacement only, $3,329,456,000, 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, $56,000,000, to remain 
available until expended and to be derived from the Nuclear Waste Fund: 
Provided, That $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 and 
participate in licensing activities 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 by the Secretary in 
carrying out activities authorized by the Nuclear Waste Policy Act of 
1982 in 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), $235,000,000, to 
remain available until expended, plus such additional amounts as 
necessary to cover increases in the estimated amount of cost of work 
for others notwithstanding the provisions of the Anti-Deficiency Act 
(31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work 
are offset by revenue increases of the same or greater amount, to 
remain available until expended: Provided further, That moneys received 
by the Department for miscellaneous revenues estimated to total 
$137,524,000 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 
$97,476,000.

                    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

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion; and the purchase of 
passenger motor vehicles (not to exceed one for replacement only), 
$6,108,959,000, to remain available until expended: Provided, That 
$16,000,000 is authorized to be appropriated for Project 03-D-103, LANL 
administration building, Los Alamos National Laboratory, Los Alamos, 
New Mexico: Provided further, That $123,000,000 is authorized to be 
appropriated for Project 01-D-108, Microsystems and engineering 
sciences applications (MESA), Sandia National Laboratories, 
Albuquerque, New Mexico.

                    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, $1,115,630,000, 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, $706,790,000, 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), $335,929,000, to 
remain available until expended.

                    OTHER DEFENSE RELATED 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 24 passenger motor vehicles for 
replacement only, $5,406,532,000, 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, $1,125,314,000, 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, $537,664,000, to remain 
available until expended.

                     Defense Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $280,000,000, to remain 
available until expended.

                    Power Marketing Administrations

                  bonneville power administration fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for official 
reception and representation expenses in an amount not to exceed 
$1,500. During fiscal year 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, That up to $1,912,000 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, $168,858,000, to remain 
available until expended, of which $156,124,000 shall be derived from 
the Department of the Interior Reclamation Fund: Provided, That of the 
amount herein appropriated, $6,100,000 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 $186,124,000 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: Provided further, That, of 
the amounts appropriated, not less than $400,000 to be spent as 
described in House Report 107-258 under this heading shall be 
nonreimbursable: Provided further, That, of the amount appropriated for 
corridor review and environmental review required for the construction 
of a 230 kv transmission line between Belfield and Hettinger, not less 
than $200,000 shall be provided for corridor review and environmental 
review for the construction of a high voltage line in Western North 
Dakota that would facilitate the upgrade of the Miles City DC tie.

           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 unless such contract 
is awarded using competitive procedures or the Secretary of Energy 
grants, on a case-by-case basis, a waiver to allow for such a 
deviation. The Secretary may not delegate the authority to grant such a 
waiver.
    (b) At least 60 days before a contract award, amendment, or 
modification for which the Secretary intends to grant such a waiver, 
the Secretary shall submit to the Subcommittees on Energy and Water 
Development of the Committees on Appropriations of the House of 
Representatives and the Senate a report notifying the subcommittees of 
the waiver and setting forth the reasons for the waiver.
    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; 106 Stat. 2644; 42 U.S.C. 7274h).
    Sec. 303. None of the funds appropriated by this Act may be used to 
augment the $22,965,000 made available for obligation by this Act for 
severance payments and other benefits and community assistance grants 
under section 3161 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 7274h) 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 Act may be used to dispose of 
transuranic waste in the Waste Isolation Pilot Plant which contains 
concentrations of plutonium in excess of 20 percent by weight for the 
aggregate of any material category on the date of enactment of this 
Act, or is generated after such date. For the purposes of this section, 
the material categories of transuranic waste at the Rocky Flats 
Environmental Technology Site include: (1) ash residues; (2) salt 
residues; (3) wet residues; (4) direct repackage residues; and (5) 
scrub alloy as referenced in the ``Final Environmental Impact Statement 
on Management of Certain Plutonium Residues and Scrub Alloy Stored at 
the Rocky Flats Environmental Technology Site''.
    Sec. 307. 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.
            (4) The Savannah River Plant, South Carolina.
    Sec. 308. 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.

                                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, $74,400,000, to 
remain available until expended.

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

    For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, as amended by Public Law 100-456, section 1441, $19,000,000, to 
remain available until expended.

                        Delta Regional Authority

                         salaries and expenses

    For necessary expenses of the Delta Regional Authority and to carry 
out its activities, as authorized by the Delta Regional Authority Act 
of 2000, notwithstanding section 382N of said Act, $15,000,000, to 
remain available until expended.

                           Denali Commission

    For expenses of the Denali Commission including the purchase, 
construction and acquisition of plant and capital equipment as 
necessary and other expenses, $50,000,000, 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, $3,200,000, 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 section 1913 
of title 18, United States Code.
    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. Section 309 of Title III--Denali Commission of Division 
C--Other Matters of Public Law 105-277, as amended, is further amended 
by striking ``2003'' and inserting in lieu thereof ``thereafter''.
    This Act may be cited as the ``Energy and Water Development 
Appropriations Act, 2003''.


                                                       Calendar No. 514

107th CONGRESS

  2d Session

                                S. 2784

                          [Report No. 107-220]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             July 24, 2002

                 Read twice and placed on the calendar