[Congressional Record Volume 147, Number 102 (Friday, July 20, 2001)]
[Senate]
[Pages S8024-S8031]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT 2002

  On July 19, 2001, the Senate amended and passed H.R. 2311, as 
follows:

       Resolved, That the bill from the House of Representatives 
     (H.R. 2311) entitled ``An Act making appropriations for 
     energy and water development for the fiscal year ending 
     September 30, 2002, and for other purposes.'', do pass with 
     the following amendment:
       Strike out all after the enacting clause and insert:
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2002, for energy and water development, 
     and for other purposes, namely:

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

       The following appropriations shall be expended under the 
     direction of the Secretary of the Army and the supervision of 
     the Chief of Engineers for authorized civil functions of the 
     Department of the Army pertaining to rivers and harbors, 
     flood control, beach erosion, and related purposes.

                         General Investigations

       For expenses necessary for the collection and study of 
     basic information pertaining to river and harbor, flood 
     control, shore protection, and related projects, restudy of 
     authorized projects, miscellaneous investigations, and, when 
     authorized by laws, surveys and detailed studies and plans 
     and specifications of projects prior to construction, 
     $152,402,000, to remain available until expended, of which 
     not less than $500,000 shall be used to conduct a study of 
     Port of Iberia, Louisiana, and of which such sums as are 
     necessary shall be used by the Secretary of the Army to 
     conduct and submit to Congress a study that examines the 
     known and potential environmental effects of oil and gas 
     drilling activity in the Great Lakes (including effects on 
     the shorelines and water of the Great Lakes): Provided, That 
     during the fiscal years 2002 and 2003, no Federal or State 
     permit or lease shall be issued for oil and gas slant, 
     directional, or offshore drilling in or under 1 or more of 
     the Great Lakes (including in or under any river flowing into 
     or out of the lake): Provided further, That using $100,000 of 
     the funds provided herein for the States of Maryland, 
     Virginia, Pennsylvania and the District of Columbia, the 
     Secretary of the Army, acting through the Chief of Engineers, 
     is directed to conduct a Chesapeake Bay shoreline erosion 
     study, including an examination of management measures that 
     could be undertaken to address the sediments behind the dams 
     on the lower Susquehanna River: Provided further, That the 
     Secretary of the Army, using $100,000 of the funds provided 
     herein, is directed to conduct studies for flood damage 
     reduction, environmental protection, environmental 
     restoration, water supply, water quality and other purposes 
     in Tuscaloosa County, Alabama, and shall provide a 
     comprehensive plan for the development, conservation, 
     disposal and utilization of water and related land resources, 
     for flood damage reduction and allied purposes, including the 
     determination of the need for a reservoir to satisfy 
     municipal and industrial water supply needs: Provided 
     further, That within the funds provided herein, the Secretary 
     may use $300,000 for the North Georgia Water Planning 
     District Watershed Study, Georgia.

                         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), 
     $1,570,798,000, to remain available until expended, of which 
     such sums as are necessary for the Federal share of 
     construction costs for facilities under the Dredged Material 
     Disposal Facilities program shall be derived from the Harbor 
     Maintenance Trust Fund, as authorized by Public Law 104-303; 
     and of which such sums as are necessary pursuant to Public 
     Law 99-662 shall be derived from the Inland Waterways Trust 
     Fund, for one-half of the costs of construction and 
     rehabilitation of inland waterways projects, including 
     rehabilitation costs for the Lock and Dam 12, Mississippi 
     River, Iowa; Lock and Dam 24, Mississippi River, Illinois and 
     Missouri; Lock and Dam 3, Mississippi River, Minnesota; and 
     London Locks and Dam, and Kanawha River, West Virginia, 
     projects; and of which funds are provided for the following 
     projects in the amounts specified:
       Red River Emergency Bank Protection, AR, $4,500,000;

[[Page S8025]]

       Indianapolis Central Waterfront, Indiana, $5,000,000;
       Southern and Eastern Kentucky, Kentucky, $2,500,000:
     Provided, That using $200,000 of the funds provided herein, 
     the Secretary of the Army, acting through the Chief of 
     Engineers, is directed to conduct, at full Federal expense, 
     technical studies of individual ditch systems identified by 
     the State of Hawaii, and to assist the State in 
     diversification by helping to define the cost of repairing 
     and maintaining selected ditch systems: Provided further, 
     That the Secretary of the Army, acting through the Chief of 
     Engineers, is directed to use $1,300,000 of the funds 
     appropriated herein to continue construction of the 
     navigation project at Kaumalapau Harbor, Hawaii: Provided 
     further, That with $800,000 of the funds provided herein, the 
     Secretary of the Army, acting through the Chief of Engineers, 
     is directed to continue construction of the Brunswick County 
     Beaches, North Carolina-Ocean Isle Beach portion in 
     accordance with the General Reevaluation Report approved by 
     the Chief of Engineers on May 15, 1998: Provided further, 
     That $2,500,000 of the funds appropriated herein, the 
     Secretary of the Army, acting through the Chief of Engineers, 
     is directed to use $500,000 to undertake the Bowie County 
     Levee Project, which is defined as Alternative B Local 
     Sponsor Option, in the Corps of Engineers document entitled 
     Bowie County Local Flood Protection, Red River, Texas, 
     Project Design Memorandum No. 1, Bowie County Levee, dated 
     April 1997: Provided further, That the Secretary of the Army 
     is directed to use $4,000,000 of the funds provided herein 
     for 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 $2,500,000 of the funds appropriated herein 
     to proceed with the removal of the Embrey Dam, 
     Fredericksburg, Virginia: Provided further, That the 
     Secretary of the Army, acting through the Chief of Engineers, 
     is directed to use $41,100,000 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:
       $4,500,000 for the Clover Fork, Kentucky, element of the 
     project;
       $1,000,000 for the City of Cumberland, Kentucky, element of 
     the project;
       $1,650,000 for the town of Martin, Kentucky, element of the 
     project;
       $2,100,000 for the Pike County, Kentucky, element of the 
     project, including $1,100,000 for additional studies along 
     the tributaries of the Tug Fork and continuation of a 
     Detailed Project Report for the Levisa Fork;
       $3,850,000 for the Martin County, Kentucky, element of the 
     project;
       $950,000 for the Floyd County, Kentucky, element of the 
     project;
       $600,000 for the Harlan County element of the project;
       $800,000 for additional studies along tributaries of the 
     Cumberland River in Bell County, Kentucky;
       $18,600,000 to continue work on the Grundy, Virginia, 
     element of the project;
       $450,000 to complete the Buchanan County, Virginia, 
     Detailed Project Report;
       $700,000 to continue the Dickenson County, Detailed Project 
     Report;
       $1,500,000 for the Lower Mingo County, West Virginia, 
     element of the project;
       $600,000 for the Upper Mingo County, West Virginia, element 
     of the project;
       $600,000 for the Wayne County, West Virginia, element of 
     the project;
       $3,200,000 for the McDowell County element of the project:
     Provided further, That the Secretary of the Army, acting 
     through the Chief of Engineers, is directed to continue the 
     Dickenson County Detailed Project Report as generally defined 
     in Plan 4 of the Huntington District Engineer's Draft 
     Supplement to the Section 202 General Plan for Flood Damage 
     Reduction dated April 1997, including all Russell Fork 
     tributary streams within the County and special 
     considerations as may be appropriate to address the unique 
     relocations and resettlement needs for the flood prone 
     communities within the County: Provided further, That, with 
     respect to the environmental infrastructure project in 
     Lebanon, New Hampshire, for which funds are made available 
     under this heading, the non-Federal interest shall receive 
     credit toward the non-Federal share of the cost of the 
     project for work performed before the date of execution of 
     the project cooperation agreement, if the Secretary 
     determines the work is integral to the project: Provided 
     further, That within the funds provided herein, $250,000 may 
     be used for the Horseshoe Lake, Arkansas feasibility study.


 Flood Control, Mississippi River and Tributaries, Arkansas, Illinois, 
       Kentucky, Louisiana, Mississippi, Missouri, and Tennessee

       For expenses necessary for prosecuting work of flood 
     control, and 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), 
     $328,011,000, 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, $1,833,263,000, to remain available until 
     expended, of which not less than $300,000 shall be used for a 
     study to determine, and develop a project that would make, 
     the best use, on beaches of adjacent towns, of sand dredged 
     from Morehead City Harbor, Carteret County, North Carolina; 
     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, 
     and of which not less than $400,000 shall be used to carry 
     out maintenance dredging of the Sagamore Creek Channel, New 
     Hampshire: 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. Reimbursement costs shall not exceed 
     $1,277,000: Provided further, That the Secretary of the Army 
     is directed to use $2,000,000 of funds appropriated herein to 
     remove and reinstall the docks and causeway, in kind, at 
     Astoria East Boat Basin, Oregon: Provided further, That 
     $2,000,000 of the funds appropriated herein, the Secretary of 
     the Army, acting through the Chief of Engineers, is directed 
     to dredge a channel from the mouth of Wheeling Creek to 
     Tunnel Green Park in Wheeling, West Virginia: Provided 
     further, That $500,000 of the funds appropriated herein shall 
     be available for the conduct of activities related to the 
     selection, by the Secretary of the Army in cooperation with 
     the Environmental Protection Agency, of a permanent disposal 
     site for environmentally sound dredged material from 
     navigational dredging projects in the State of Rhode Island: 
     Provided further, That the project for the Apalachicola, 
     Chattahoochee and Flint Rivers Navigation, authorized by 
     section 2 of the Rivers and Harbor Act of March 2, 1945 
     (Public Law 79-14; 59 Stat. 10) and modified by the first 
     section of the River and Harbor Act of 1946 (60 Stat. 635, 
     chapter 595), is modified to authorize the Secretary, as part 
     of navigation maintenance activities to develop and implement 
     a plan to be integrated into the long-term dredged material 
     management plan being developed for the Corley Slough reach 
     as required by conditions of the State of Florida water 
     quality certification, for periodically removing sandy 
     dredged material from the disposal area known as Site 40, 
     located at mile 36.5 of the Apalachicola River, and from 
     other disposal sites that the Secretary may determine to be 
     needed, for the purpose of reuse of the disposal areas, by 
     transporting and depositing the sand for environmentally 
     acceptable beneficial uses in coastal areas of northwest 
     Florida to be determined in coordination with the State of 
     Florida: Provided further, That the Secretary is authorized 
     to acquire all lands, easements, and rights-of-way that may 
     be determined by the Secretary, in consultation with the 
     affected State, to be required for dredged material disposal 
     areas to implement a long-term dredge material management 
     plan: Provided further, That the long-term management plan 
     shall be developed in coordination with the State of Florida 
     no later than 2 years from the date of enactment of this 
     legislation: Provided further, That, $5,000,000 shall be made 
     available for these purposes and $8,173,000 shall be made 
     available for the Apalachicola, Chattahoochee and Flint 
     Rivers Navigation.

                           Regulatory Program

       For expenses necessary for administration of laws 
     pertaining to regulation of navigable waters and wetlands, 
     $128,000,000, to remain available until expended.

            Formerly Utilized Sites Remedial Action Program

       For expenses necessary to clean up contamination from sites 
     throughout the United States resulting from work performed as 
     part of the Nation's early atomic energy program, 
     $140,000,000, to remain available until expended.

                            General Expenses

       For expenses necessary for general administration and 
     related functions in the Office of the Chief of Engineers and 
     offices of the Division Engineers; activities of the Coastal 
     Engineering Research Board, the Humphreys Engineer Center 
     Support Activity, the Water Resources Support Center, and 
     headquarters support functions at the USACE Finance Center, 
     $153,000,000, to remain available until expended: Provided, 
     That no part of any other appropriation provided in title I 
     of this Act shall be available to fund the activities of the 
     Office of the Chief of Engineers or the executive direction 
     and management activities of the division offices.

                       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-

[[Page S8026]]

     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. The Secretary may not expend funds to accelerate 
     the schedule to finalize the Record of Decision for the 
     revision of the Missouri River Master Water Control Manual 
     and any associated changes to the Missouri River Annual 
     Operating Plan. During consideration of revisions to the 
     manual in fiscal year 2002, the Secretary may consider and 
     propose alternatives for achieving species recovery other 
     than the alternatives specifically prescribed by the United 
     States Fish and Wildlife Service in the biological opinion of 
     the Service. The Secretary shall consider the views of other 
     Federal agencies, non-Federal agencies, and individuals to 
     ensure that other congressionally authorized purposes are 
     maintained.
       Sec. 104. The non-Federal interest shall receive credit 
     towards the lands, easements, relocations, rights-of-way, and 
     disposal areas required for the Lava Hot Springs restoration 
     project in Idaho, and acquired by the non-Federal interest 
     before execution of the project cooperation agreement: 
     Provided, That the Secretary shall provide credit for work 
     only if the Secretary determines such work to be integral to 
     the project.
       Sec. 105. Of the funds provided under title I, $15,500,000 
     shall be available for the Demonstration Erosion Control 
     project, Mississippi.
       Sec. 106. Of the funds made available under Operations and 
     Maintenance, a total of $3,000,000 may be made available for 
     Perry Lake, Kansas.
       Sec. 107. Guadalupe River, California. The project for 
     flood control, Guadalupe River, California, authorized by 
     section 401 of the Water Resources Development Act of 1986, 
     and the Energy and Water Development Appropriation Acts of 
     1990 and 1992, is modified to authorize the Secretary to 
     construct the project substantially in accordance with the 
     General Reevaluation and Environmental Report for Proposed 
     Project Modifications, dated February 2001, at a total cost 
     of $226,800,000, with an estimated Federal cost of 
     $128,700,000, and estimated non-Federal cost of $98,100,000.
       Sec. 108. Of the funds provided under Operations and 
     Maintenance for McKlellan-Kerr, Arkansas River Navigation 
     System dredging, $22,338,000 is provided: Provided, That of 
     that amount, $1,000,000 shall be for dredging on the Arkansas 
     River for maintenance dredging at the authorized depth.
       Sec. 109. Designation of Nonnavigability for Portions of 
     Gloucester County, New Jersey. (a) Designation.--
       (1) In general.--The Secretary of the Army (referred to in 
     section as the ``Secretary'') shall designate as nonnavigable 
     the areas described in paragraph (3) unless the Secretary, 
     after consultation with local and regional public officials 
     (including local and regional planning organizations), makes 
     a determination that 1 or more projects proposed to be 
     carried out in 1 or more areas described in paragraph (2) are 
     not in the public interest.
       (2) Description of areas.--The areas referred to in 
     paragraph (1) are certain parcels of property situated in the 
     West Deptford Township, Gloucester County, New Jersey, as 
     depicted on Tax Assessment Map #26, Block #328, Lots #1, 
     1.03, 1.08, and 1.09, more fully described as follows:
       (A) Beginning at the point in the easterly line of Church 
     Street (49.50 feet wide), said beginning point being the 
     following 2 courses from the intersection of the centerline 
     of Church Street with the curved northerly right-of-way line 
     of Pennsylvania-Reading Seashore Lines Railroad (66.00 feet 
     wide)--
       (i) along said centerline of Church Street N. 11 deg.28'50" 
     E. 38.56 feet; thence
       (ii) along the same N. 61 deg.28'35" E. 32.31 feet to the 
     point of beginning.
       (B) Said beginning point also being the end of the 
     thirteenth course and from said beginning point runs; thence, 
     along the aformentioned Easterly line of Church Street--
       (i) N. 11 deg.28'50" E. 1052.14 feet; thence
       (ii) crossing Church Street, N. 34 deg.19'51" W. 1590.16 
     feet; thence
       (iii) N. 27 deg.56'37" W. 3674.36 feet; thence
       (iv) N. 35 deg.33'54" W. 975.59 feet; thence
       (v) N. 57 deg.04'39" W. 481.04 feet; thence
       (vi) N. 36 deg.22'55" W. 870.00 feet to a point in the 
     Pierhead and Bulkhead Line along the Southeasterly shore of 
     the Delaware River; thence
       (vii) along the same line N. 53 deg.37'05" E. 1256.19 feet; 
     thence
       (viii) still along the same, N. 86 deg.10'29" E. 1692.61 
     feet; thence, still along the same the following thirteenth 
     courses
       (ix) S. 67 deg.44'20" E. 1090.00 feet to a point in the 
     Pierhead and Bulkhead Line along the Southwesterly shore of 
     Woodbury Creek; thence
       (x) S. 39 deg.44'20" E. 507.10 feet; thence
       (xi) S. 31 deg.01'38" E. 1062.95 feet; thence
       (xii) S. 34 deg.34'20" E. 475.00 feet; thence
       (xiii) S. 32 deg.20'28" E. 254.18 feet; thence
       (xiv) S. 52 deg.55'49" E. 964.95 feet; thence
       (xv) S. 56 deg.24'40" E. 366.60 feet; thence
       (xvi) S. 80 deg.31'50" E. 100.51 feet; thence
       (xvii) N. 75 deg.30'00" E. 120.00 feet; thence
       (xviii) N. 53 deg.09'00" E. 486.50 feet; thence
       (xix) N. 81 deg.18'00" E. 132.00 feet; thence
       (xx) S. 56 deg.35'00" E. 115.11 feet; thence
       (xxi) S. 42 deg.00'00" E. 271.00 feet; thence
       (xxii) S. 48 deg.30'00" E. 287.13 feet to a point in the 
     Northwesterly line of Grove Avenue (59.75 feet wide); thence
       (xxiii) S. 23 deg.09'50" W. 4120.49 feet; thence
       (xxiv) N. 66 deg.50'10" W. 251.78 feet; thence
       (xxv) S. 36 deg.05'20" E. 228.64 feet; thence
       (xxvi) S. 58 deg.53'00" W. 1158.36 feet to a point in the 
     Southwesterly line of said River Lane; thence
       (xxvii) S. 41 deg.31'35" E. 113.50 feet; thence
       (xxviii) S. 61 deg.28'35" W. 863.52 feet to the point of 
     beginning.
       (C)(i) Except as provided in clause (ii), beginning at a 
     point in the centerline of Church Street (49.50 feet wide) 
     where the same is intersected by the curved northerly line of 
     Pennsylvania-Reading Seashore Lines Railroad right-of-way 
     (66.00 feet wide), along that Railroad, on a curve to the 
     left, having a radius of 1465.69 feet, an arc distance of 
     1132.14 feet--
       (I) N. 88 deg.45'47" W. 1104.21 feet; thence
       (II) S. 69 deg.06'30" W. 1758.95 feet; thence
       (III) N. 23 deg.04'43" W. 600.19 feet; thence
       (IV) N. 19 deg.15'32" W. 3004.57 feet; thence
       (V) N. 44 deg.52'41" W. 897.74 feet; thence
       (VI) N. 32 deg.26'05" W. 2765.99 feet to a point in the 
     Pierhead and Bulkhead Line along the Southeasterly shore of 
     the Delaware River; thence
       (VII) N. 53 deg.37'05" E. 2770.00 feet; thence
       (VIII) S. 36 deg.22'55" E. 870.00 feet; thence
       (IX) S. 57 deg.04'39" E. 481.04 feet; thence
       (X) S. 35 deg.33'54" E. 975.59 feet; thence
       (XI) S. 27 deg.56'37" E. 3674.36 feet; thence
       (XII) crossing Church Street, S. 34 deg.19'51" E. 1590.16 
     feet to a point in the easterly line of Church Street; thence
       (XIII) S. 11 deg.28'50" W. 1052.14 feet; thence
       (XIV) S. 61 deg.28'35" W. 32.31 feet; thence
       (XV) S. 11 deg.28'50" W. 38.56 feet to the point of 
     beginning.
       (ii) The parcel described in clause (i) does not include 
     the parcel beginning at the point in the centerline of Church 
     Street (49.50 feet wide), that point being N. 11 deg.28'50" 
     E. 796.36 feet, measured along the centerline, from its 
     intersection with the curved northerly right-of-way line of 
     Pennsylvania-Reading Seashore Lines Railroad (66.00 feet 
     wide)--
       (I) N. 78 deg.27'40" W. 118.47 feet; thence
       (II) N. 15 deg.48'40" W. 120.51 feet; thence
       (III) N. 77 deg.53'00" E 189.58 feet to a point in the 
     centerline of Church Street; thence
       (IV) S. 11 deg.28'50" W. 183.10 feet to the point of 
     beginning.
       (b) Limits on Applicability; Regulatory Requirements.--
       (1) In general.--The designation under subsection (a)(1) 
     shall apply to those parts of the areas described in 
     subsection (a) that are or will be bulkheaded and filled or 
     otherwise occupied by permanent structures, including marina 
     facilities.
       (2) Applicable law.--All activities described in paragraph 
     (1) shall be subject to all applicable Federal law, 
     including--
       (A) the Act of March 3, 1899 (30 Stat. 1121, chapter 425);
       (B) section 404 of the Federal Water Pollution Control Act 
     (33 U.S.C. 1344); and
       (C) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       (c) Termination of Designation.--If, on the date that is 20 
     years after the date of enactment of this Act, any area or 
     portion of an area described in subsection (a)(3) is not 
     bulkheaded, filled, or otherwise occupied by permanent 
     structures (including marina facilities) in accordance with 
     subsection (b), or if work in connection with any activity 
     authorized under subsection (b) is not commenced by the date 
     that is 5 years after the date on which permits for the work 
     are issued, the designation of nonnavigability under 
     subsection (a)(1) for that area or portion of an area shall 
     terminate.
       Sec. 110. Nome Harbor Technical Corrections. Section 
     101(a)(1) of Public Law 106-53 (the Water Resources 
     Development Act of 1999) is amended by--
       (1) striking ``$25,651,000'' and inserting in its place 
     ``$39,000,000''; and
       (2) striking ``$20,192,000'' and inserting in its place 
     ``$33,541,000''.
       Sec. 111. The Secretary of the Army shall not accept or 
     solicit non-Federal voluntary contributions for shore 
     protection work in excess of the minimum requirements 
     established by law; except that, when voluntary contributions 
     are tendered by a non-Federal sponsor for the prosecution of 
     work outside the authorized scope of the Federal project at 
     full non-Federal expense, the Secretary is authorized to 
     accept said contributions.
       Sec. 112. Section 211 of the Water Resources and 
     Development Act of 2000 (P.L. 106-541; 114 Stat. 2592-2593) 
     is amended by adding the following language at the end of 
     subsection (d):
       ``(3) Engineering research and development center.--The 
     Engineering Research and Development Center is exempt from 
     the requirements of this section.''.
       Sec. 113. Section 514(g) of the Water Resources and 
     Development Act of 1999 (113 Stat. 343) is amended by 
     striking ``fiscal years 2000 and 2001'' and inserting in lieu 
     thereof ``fiscal years 2000 through 2002''.
       Sec. 114. (a)(1) Not later than December 31, 2001, the 
     Secretary shall investigate the flood control project for 
     Fort Fairfield, Maine, authorized under section 205 of the 
     Flood Control Act of 1948 (33 U.S.C. 701s); and

[[Page S8027]]

       (2) determine whether the Secretary is responsible for a 
     design deficiency in the project relating to the interference 
     of ice with pump operation.
       (b) If the Secretary determines under subsection (a) that 
     the Secretary is responsible for the design deficiency, the 
     Secretary shall correct the design deficiency, including the 
     cost of design and construction, at 100 percent Federal 
     expense.
       Sec. 115. The Corps of Engineers is urged to proceed with 
     design of the Section 205 Mad Creek Flood Control Project in 
     Iowa.
       Sec. 116. Cerrillos Dam, Puerto Rico. The Secretary of the 
     Army shall reassess the allocation of Federal and non-Federal 
     costs for construction of the Cerrillos Dam, carried out as 
     part of the project for flood control, Portugues and Bucana 
     Rivers, Puerto Rico.
       Sec. 117. Raritan River Basin, Green Brook Subbasin, New 
     Jersey.  The Secretary of the Army shall implement, with a 
     Federal share of 75 percent and a non-Federal share of 25 
     percent, a buyout plan in the western portion of Middlesex 
     Borough, located in the Green Brook subbasin of the Raritan 
     River basin, New Jersey, that includes--
       (1) the buyout of not to exceed 10 single-family 
     residences;
       (2) floodproofing of not to exceed 4 commercial buildings 
     located along Prospect Place or Union Avenue; and
       (3) the buyout of not to exceed 3 commercial buildings 
     located along Raritan Avenue or Lincoln Avenue.
       Sec. 118. Study of Corps Capability to Conserve Fish and 
     Wildlife. Section 704(b) of the Water Resources Development 
     Act of 1986 (33 U.S.C. 2263(b)) is amended--
       (1) by redesignating paragraphs (1), (2), (3), and (4) as 
     subparagraphs (A), (B), (C), and (D), respectively;
       (2) by striking ``(b) The Secretary'' and inserting the 
     following:
       ``(b) Projects.--
       ``(1) In general.--The Secretary''; and
       (3) by striking ``The non-Federal share of the cost of any 
     project under this section shall be 25 percent.'' and 
     inserting the following:
       ``(2) Cost sharing.--
       ``(A) In general.--The non-Federal share of the cost of any 
     project under this subsection shall be 25 percent.
       ``(B) Form.--The non-Federal share may be provided through 
     in-kind services, including the provision by the non-Federal 
     interest of shell stock material that is determined by the 
     Chief of Engineers to be suitable for use in carrying out the 
     project.
       ``(C) Applicability.--The non-Federal interest shall be 
     credited with the value of in-kind services provided on or 
     after October 1, 2000, for a project described in paragraph 
     (1) completed on or after that date, if the Secretary 
     determines that the work is integral to the project.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project


                central utah project completion account

       For carrying out activities authorized by the Central Utah 
     Project Completion Act, $34,918,000, to remain available 
     until expended, of which $10,749,000 shall be deposited into 
     the Utah Reclamation Mitigation and Conservation Account of 
     the Central Utah Project Completion Act and shall be 
     available to carry out activities authorized under that Act.
       In addition, for necessary expenses incurred in carrying 
     out related responsibilities of the Secretary of the 
     Interior, $1,310,000, to remain available until expended.

                         Bureau of Reclamation

       The following appropriations shall be expended to execute 
     authorized functions of the Bureau of Reclamation:


                      water and related resources

                     (including transfer of funds)

       For management, development, and restoration of water and 
     related natural resources and for related activities, 
     including the operation, maintenance and rehabilitation of 
     reclamation and other facilities, participation in fulfilling 
     related Federal responsibilities to Native Americans, and 
     related grants to, and cooperative and other agreements with, 
     State and local governments, Indian tribes, and others, 
     $732,496,000, to remain available until expended, of which 
     $4,000,000 shall be available for the West River/Lyman-Jones 
     Rural Water System to provide rural, municipal, and 
     industrial drinking water for Philip, South Dakota, in 
     accordance with the Mni Wiconi Project Act of 1988 (102 Stat. 
     2566; 108 Stat. 4539), of which $14,649,000 shall be 
     available for transfer to the Upper Colorado River Basin Fund 
     and $31,442,000 shall be available for transfer to the Lower 
     Colorado River Basin Development Fund; of which such amounts 
     as may be necessary may be advanced to the Colorado River Dam 
     Fund; of which $8,000,000 shall be for on-reservation water 
     development, feasibility studies, and related administrative 
     costs under Public Law 106-163; 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 ``2001, and 2002'' in lieu of ``and 2001'': 
     Provided further, That of the funds provided herein, 
     $1,000,000 may be used to complete the Hopi/Western Navajo 
     Water Development Plan, Arizona: Provided further, That using 
     $500,000 of the funds provided herein, shall be available to 
     begin design activities related to installation of electric 
     irrigation water pumps at the Savage Rapids Dam on the Rogue 
     River, Oregon: Provided further, That of such funds, not more 
     than $1,500,000 shall be available to the Secretary for 
     completion of a feasibility study for the Santa Fe Regional 
     Water System, New Mexico: Provided further, That the study 
     shall be completed by September 30, 2002.


               bureau of reclamation loan program account

       For the cost of direct loans and/or grants, $7,215,000, to 
     remain available until expended, as authorized by the Small 
     Reclamation Projects Act of August 6, 1956, as amended (43 
     U.S.C. 422a-422l): Provided, That such costs, including the 
     cost of modifying such loans, shall be as defined in section 
     502 of the Congressional Budget Act of 1974, as amended: 
     Provided further, That these funds are available to subsidize 
     gross obligations for the principal amount of direct loans 
     not to exceed $26,000,000.
       In addition, for administrative expenses necessary to carry 
     out the program for direct loans and/or grants, $280,000, to 
     remain available until expended: Provided, That of the total 
     sums appropriated, the amount of program activities that can 
     be financed by the Reclamation Fund shall be derived from 
     that Fund.


                central valley project restoration fund

       For carrying out the programs, projects, plans, and habitat 
     restoration, improvement, and acquisition provisions of the 
     Central Valley Project Improvement Act, $55,039,000, to be 
     derived from such sums as may be collected in the Central 
     Valley Project Restoration Fund pursuant to sections 3407(d), 
     3404(c)(3), 3405(f), and 3406(c)(1) of Public Law 102-575, to 
     remain available until expended: Provided, That the Bureau of 
     Reclamation is directed to assess and collect the full amount 
     of the additional mitigation and restoration payments 
     authorized by section 3407(d) of Public Law 102-575.


                       policy and administration

       For necessary expenses of policy, administration, and 
     related functions in the office of the Commissioner, the 
     Denver office, and offices in the five regions of the Bureau 
     of Reclamation, to remain available until expended, 
     $52,968,000, to be derived from the Reclamation Fund and be 
     nonreimbursable as provided in 43 U.S.C. 377: Provided, That 
     no part of any other appropriation in this Act shall be 
     available for activities or functions budgeted as policy and 
     administration expenses.


                        administrative provision

       Appropriations for the Bureau of Reclamation shall be 
     available for purchase of not to exceed four passenger motor 
     vehicles for replacement only.

                           GENERAL PROVISIONS

                       DEPARTMENT OF THE INTERIOR

       Sec. 201. 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 Secretary of the Interior is authorized and 
     directed to use not to exceed $1,000,000 of the funds 
     appropriated under title II to refund amounts received by the 
     United States as payments for charges assessed by the 
     Secretary prior to January 1, 1994 for failure to file 
     certain certification or reporting forms prior to the receipt 
     of irrigation water, pursuant to sections 206 and 224(c) of 
     the Reclamation Reform Act of 1982 (96 Stat. 1226, 1272; 43 
     U.S.C. 390ff, 390ww(c)), including the amount of associated 
     interest assessed by the Secretary and paid to the United 
     States pursuant to section 224(i) of the Reclamation Reform 
     Act of 1982 (101 Stat. 1330-268; 43 U.S.C. 390ww(i)).
       Sec. 204. Lower Colorado River Basin Development Fund. (a) 
     In general.--Notwithstanding section 403(f) of the Colorado 
     River Basin Project Act (43 U.S.C. 1543(f)), no amount from 
     the Lower Colorado River Basin Development Fund shall be paid 
     to the general fund of the Treasury until each provision of 
     the Stipulation Regarding a Stay and for Ultimate Judgment 
     Upon the Satisfaction of Conditions, filed in United States 
     district court on May 3, 2000, in Central Arizona Water 
     Conservation District v. United States (No. CIV 95-625-TUC-
     WDB (EHC), No. CIV 95-1720-OHX-EHC (Consolidated Action)) is 
     met.

[[Page S8028]]

       (b) Payment to general fund.--If any of the provisions of 
     the stipulation referred to in subsection (a) is not met by 
     the date that is 3 years after the date of enactment of this 
     Act, payments to the general fund of the Treasury shall 
     resume in accordance with section 403(f) of the Colorado 
     River Basin Project Act (43 U.S.C. 1543(f)).
       (c) Authorization.--Amounts in the Lower Colorado River 
     Basin Development Fund that but for this section would be 
     returned to the general fund of the Treasury shall not be 
     expended until further Act of Congress.
       Sec. 205. (a) None of the funds appropriated or otherwise 
     made available by this Act may be used to determine the final 
     point of discharge for the interceptor drain for the San Luis 
     Unit until development by the Secretary of the Interior and 
     the State of California of a plan, which shall conform to the 
     water quality standards of the State of California as 
     approved by the Administrator of the Environmental Protection 
     Agency, to minimize any detrimental effect of the San Luis 
     drainage waters.
       (b) The costs of the Kesterson Reservoir Cleanup Program 
     and the costs of the San Joaquin Valley Drainage Program 
     shall be classified by the Secretary of the Interior as 
     reimbursable or nonreimbursable and collected until fully 
     repaid pursuant to the ``Cleanup Program-Alternative 
     Repayment Plan'' described in the report entitled ``Repayment 
     Report, Kesterson Reservoir Cleanup Program and San Joaquin 
     Valley Drainage Program, February 1995'', prepared by the 
     Department of the Interior, Bureau of Reclamation. Any future 
     obligations of funds by the United States relating to, or 
     providing for, drainage service or drainage studies for the 
     San Luis Unit shall be fully reimbursable by San Luis Unit 
     beneficiaries of such service or studies pursuant to Federal 
     reclamation law.
       Sec. 206. The Secretary of the Interior, in accepting 
     payments for the reimbursable expenses incurred for the 
     replacement, repair, and extraordinary maintenance with 
     regard to the Valve Rehabilitation Project at the Arrowrock 
     Dam on the Arrowrock Division of the Boise Project in Idaho, 
     shall recover no more than $6,900,000 of such expenses 
     according to the application of the current formula for 
     charging users for reimbursable operation and maintenance 
     expenses at Bureau of Reclamation facilities on the Boise 
     Project, and shall recover this portion of such expenses over 
     a period of 15 years.

                               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; and the purchase of 
     not to exceed 17 passenger motor vehicles for replacement 
     only, $736,139,000, to remain available until expended, of 
     which not less than $3,000,000 shall be used for the advanced 
     test reactor research and development upgrade initiative, and 
     of which $1,000,000 may be available for the Consortium for 
     Plant Biotechnology Research.

                  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, $228,553,000, 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, $408,725,000, of which $287,941,000 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, $3,268,816,000, to remain 
     available until expended: Provided, That within the funds 
     provided, molecular nuclear medicine research shall be 
     continued at not less than the fiscal year 2001 funding 
     level.

                         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, $25,000,000, 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 
     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), $208,948,000, to remain available 
     until expended, plus such additional amounts as necessary to 
     cover increases in the estimated amount of cost of work for 
     others notwithstanding the provisions of the Anti-Deficiency 
     Act (31 U.S.C. 1511 et seq.): Provided, That such increases 
     in cost of work are offset by revenue increases of the same 
     or greater amount, to remain available until expended: 
     Provided further, That moneys received by the Department for 
     miscellaneous revenues estimated to total $137,810,000 in 
     fiscal year 2002 may be retained and used for operating 
     expenses within this account, and may remain available until 
     expended, as authorized by section 201 of Public Law 95-238, 
     notwithstanding the provisions of 31 U.S.C. 3302: Provided 
     further, That the sum herein appropriated shall be reduced by 
     the amount of miscellaneous revenues received during fiscal 
     year 2002 so as to result in a final fiscal year 2002 
     appropriation from the General Fund estimated at not more 
     than $71,138,000.

                    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, $30,000,000, 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 11 for replacement 
     only), $6,062,891,000, to remain available until expended: 
     Provided, That, $30,000,000 shall be utilized for technology 
     partnerships supportive of the National Nuclear Security 
     Administration missions and $3,000,000 shall be utilized at 
     the NNSA laboratories for support of small business 
     interactions including technology clusters relevant to 
     laboratory missions: Provided further, That $1,000,000 shall 
     be made available for community reuse organizations within 
     the Office of Worker and Community Transition.


                    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, $880,500,000, to remain available until 
     expended: Provided, That not to exceed $7,000 may be used for 
     official reception and representation expenses for national 
     security and nonproliferation (including transparency) 
     activities in fiscal year 2002.


                             Naval Reactors

       For Department of Energy expenses necessary for naval 
     reactors activities to carry out the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition (by purchase, condemnation, construction, or 
     otherwise) of real property, plant, and capital equipment, 
     facilities, and facility expansion, $688,045,000, to remain 
     available until expended.


                      Office of the Administrator

       For necessary expenses of the Office of the Administrator 
     of the National Nuclear Security Administration, including 
     official reception and

[[Page S8029]]

     representation expenses (not to exceed $15,000), $15,000,000, 
     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 30 passenger motor 
     vehicles, of which 27 shall be for replacement only, 
     $5,389,868,000, 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, 
     $1,080,538,000, 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.), $157,537,000, to 
     remain available until expended.

                        Other Defense Activities

       For Department of Energy expenses, including the purchase, 
     construction and acquisition of plant and capital equipment 
     and other expenses necessary for atomic energy defense, other 
     defense activities, in carrying out the purposes of the 
     Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, $564,168,000, 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, $250,000,000, 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. For the purposes of appropriating funds 
     to assist in financing the construction, acquisition, and 
     replacement of the transmission system of the Bonneville 
     Power Administration up to $2,000,000,000 in borrowing 
     authority is authorized to be appropriated, subject to 
     subsequent annual appropriations, to remain outstanding at 
     any given time: Provided, That the obligation of such 
     borrowing authority shall not exceed $0 in fiscal year 2002 
     and that the Bonneville Power Administration shall not 
     obligate more than $374,500,000 of its permanent borrowing in 
     fiscal year 2002.

      Operation and Maintenance, Southeastern Power Administration

       For necessary expenses of operation and maintenance of 
     power transmission facilities and of marketing electric power 
     and energy, including transmission wheeling and ancillary 
     services, pursuant to the provisions of section 5 of the 
     Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the 
     southeastern power area, $4,891,000, to remain available 
     until expended; in addition, notwithstanding the provisions 
     of 31 U.S.C. 3302, up to $8,000,000 collected by the 
     Southeastern Power Administration pursuant to the Flood 
     Control Act to recover purchase power and wheeling expenses 
     shall be credited to this account as offsetting collections, 
     to remain available until expended for the sole purpose of 
     making purchase power and wheeling expenditures.

      Operation and Maintenance, Southwestern Power Administration

       For necessary expenses of operation and maintenance of 
     power transmission facilities and of marketing electric power 
     and energy, and for construction and acquisition of 
     transmission lines, substations and appurtenant facilities, 
     and for administrative expenses, including official reception 
     and representation expenses in an amount not to exceed $1,500 
     in carrying out the provisions of section 5 of the Flood 
     Control Act of 1944 (16 U.S.C. 825s), as applied to the 
     southwestern power area, $28,038,000, to remain available 
     until expended; in addition, notwithstanding the provisions 
     of 31 U.S.C. 3302, not to exceed $5,200,000 in 
     reimbursements, to remain available until expended: Provided, 
     That up to $1,512,000 collected by the Southwestern Power 
     Administration pursuant to the Flood Control Act to recover 
     purchase power and wheeling expenses shall be credited to 
     this account as offsetting collections, to remain available 
     until expended for the sole purpose of making purchase power 
     and wheeling expenditures.


 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

       For carrying out the functions authorized by title III, 
     section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 
     7152), and other related activities including conservation 
     and renewable resources programs as authorized, including 
     official reception and representation expenses in an amount 
     not to exceed $1,500, $169,465,000, to remain available until 
     expended, of which $163,951,000 shall be derived from the 
     Department of the Interior Reclamation Fund: Provided, That 
     of the amount herein appropriated, $6,091,000 is for deposit 
     into the Utah Reclamation Mitigation and Conservation Account 
     pursuant to title IV of the Reclamation Projects 
     Authorization and Adjustment Act of 1992: Provided further, 
     That up to $152,624,000 collected by the Western Area Power 
     Administration pursuant to the Flood Control Act of 1944 and 
     the Reclamation Project Act of 1939 to recover purchase power 
     and wheeling expenses shall be credited to this account as 
     offsetting collections, to remain available until expended 
     for the sole purpose of making purchase power and wheeling 
     expenditures: Provided further, That of the amount herein 
     appropriated, not less than $200,000 shall be provided for 
     corridor review and environmental review required for 
     construction of a 230 kv transmission line between Belfield 
     and Hettinger, North Dakota: Provided further, That these 
     funds shall be nonreimbursable: Provided further, That these 
     funds shall be available until expended: Provided further, 
     That within the amount herein appropriated not less than 
     $200,000 shall be provided for the Western Area Power 
     Administration to conduct a technical analysis of the costs 
     and feasibility of transmission expansion methods and 
     technologies: Provided further, That WAPA shall publish a 
     study by July 31, 2002 that contains recommendations of the 
     most cost-effective methods and technologies to enhance 
     electricity transmission from lignite and wind energy: 
     Provided further, That these funds shall be nonreimbursable: 
     Provided further, That these funds shall be available until 
     expended.

           Falcon and Amistad Operating and Maintenance Fund

       For operation, maintenance, and emergency costs for the 
     hydroelectric facilities at the Falcon and Amistad Dams, 
     $2,663,000, to remain available until expended, and to be 
     derived from the Falcon and Amistad Operating and Maintenance 
     Fund of the Western Area Power Administration, as provided in 
     section 423 of the Foreign Relations Authorization Act, 
     Fiscal Years 1994 and 1995.

                  Federal Energy Regulatory Commission


                         salaries and expenses

       For necessary expenses of the Federal Energy Regulatory 
     Commission to carry out the provisions of the Department of 
     Energy Organization Act (42 U.S.C. 7101 et seq.), including 
     services as authorized by 5 U.S.C. 3109, the hire of 
     passenger motor vehicles, and official reception and 
     representation expenses (not to exceed $3,000), $187,155,000, 
     to remain available until expended: Provided, That 
     notwithstanding any other provision of law, not to exceed 
     $187,155,000 of revenues from fees and annual charges, and 
     other services and collections in fiscal year 2002 shall be 
     retained and used for necessary expenses in this account, and 
     shall remain available until expended: Provided further, That 
     the sum herein appropriated from the General Fund shall be 
     reduced as revenues are received during fiscal year 2002 so 
     as to result in a final fiscal year 2002 appropriation from 
     the General Fund estimated at not more than $0: Provided 
     further, That the Commission is authorized to hire an 
     additional 10 senior executive service positions.

                           GENERAL PROVISIONS

                          DEPARTMENT OF ENERGY

       Sec. 301. (a) None of the funds appropriated by this Act 
     may be used to award a management and operating contract 
     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 $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; 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. Of the funds in this Act or any other Act 
     provided to government-owned, contractor-operated 
     laboratories, not to exceed 6 percent

[[Page S8030]]

     shall be available to be used for Laboratory Directed 
     Research and Development.
       Sec. 307. 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. 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.
       (4) The Savannah River Plant, South Carolina.
       Sec. 309. Notwithstanding any other law, and without fiscal 
     year limitation, each Federal Power Marketing Administration 
     is authorized to engage in activities and solicit, undertake 
     and review studies and proposals relating to the formation 
     and operation of a regional transmission organization.
       Sec. 310. The Administrator of the National Nuclear 
     Security Administration may authorize the manager of the 
     Nevada Operations Office to engage in research, development, 
     and demonstration activities with respect to the development, 
     test, and evaluation capabilities necessary for operations 
     and readiness of the Nevada Test Site: Provided, That of the 
     amount allocated to the Nevada Operations Office each fiscal 
     year from amounts available to the Department of Energy for 
     such fiscal year for national security programs at the Nevada 
     Test Site, not more than an amount equal to 2 percent of such 
     amount may be used for these activities.
       Sec. 311. Depleted Uranium Hexafluoride. Section 1 of 
     Public Law 105-204 is amended in subsection (b)--
       (1) by inserting ``except as provided in subsection (c),'' 
     after ``1321-349),''; and
       (2) by striking ``fiscal year 2002'' and inserting ``fiscal 
     year 2005''.
       Sec. 312. (a) The Secretary of Energy shall conduct a study 
     of alternative financing approaches, to include third-party-
     type methods, for infrastructure and facility construction 
     projects across the Department of Energy.
       (b) The study shall be completed and delivered to the House 
     and Senate Committees on Appropriations within 180 days of 
     enactment.
       Sec. 313. (a) In General.--The Secretary of Energy shall 
     provide for the management of environmental matters 
     (including planning and budgetary activities) with respect to 
     the Paducah Gaseous Diffusion Plant, Kentucky, through the 
     Assistant Secretary of Energy for Environmental Management.
       (b) Particular Requirements.--(1) In meeting the 
     requirement in subsection (a), the Secretary shall provide 
     for direct communication between the Assistant Secretary of 
     Energy for Environmental Management and the head of the 
     Paducah Gaseous Diffusion Plant on the matters covered by 
     that subsection.
       (2) The Assistant Secretary shall carry out activities 
     under this section in direct consultation with the head of 
     the Paducah Gaseous Diffusion Plant.
       Sec. 314. (a) The Senate finds that:
       (1) The Department of Energy's Yucca Mountain program has 
     been one of the most intensive scientific investigations in 
     history.
       (2) Significant milestones have been met, including the 
     recent release of the Science and Engineering Report, and 
     others are due in the near future including the Final Site 
     Suitability Evaluation.
       (3) Nuclear power presently provides 20 percent of the 
     electricity generated in the United States.
       (4) A decision on how to dispose of spent nuclear fuel and 
     high level radioactive waste is essential to the future of 
     nuclear power in the United States.
       (5) Any decision on how to dispose of spent nuclear fuel 
     and high level radioactive waste must be based on sound 
     science and it is critical that the Federal Government 
     provide adequate funding to ensure the availability of such 
     science in a timely manner to allow fully informed decisions 
     to be made in accordance with the statutorily mandated 
     process.
       (b) It is the sense of the Senate that the conferees on the 
     part of the Senate should ensure that the levels of funding 
     included in the Senate bill for the Yucca Mountain program 
     are increased to an amount closer to that included in the 
     House-passed version of the bill to ensure that a 
     determination on the disposal of spent nuclear fuel and high 
     level radioactive waste can be concluded in accordance with 
     the statutorily mandated process.
       Sec. 315. The Department of Energy shall consult with the 
     State of South Carolina regarding any decisions or plans 
     related to the disposition of surplus plutonium located at 
     the Department of Energy Savannah River Site. The Secretary 
     of Energy shall prepare not later than September 30, 2002, a 
     plan for those facilities required to ensure the capability 
     to dispose of such materials.
       Sec. 316. Prohibition of Oil and Gas Drilling in the Finger 
     Lakes National Forest, New York. No Federal permit or lease 
     shall be issued for oil or gas drilling in the Finger Lakes 
     National Forest, New York, during fiscal year 2002 or 
     thereafter.

                                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, $66,290,000, to 
     remain available until expended.

                Defense Nuclear Facilities Safety Board


                         Salaries and Expenses

       For necessary expenses of the Defense Nuclear Facilities 
     Safety Board in carrying out activities authorized by the 
     Atomic Energy Act of 1954, as amended by Public Law 100-456, 
     section 1441, $18,500,000, to remain available until 
     expended.

                        Delta Regional Authority


                         Salaries and Expenses

       For necessary expenses of the Delta Regional Authority and 
     to carry out its activities, as authorized by the Delta 
     Regional Authority Act of 2000, $20,000,000, 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, $40,000,000, to 
     remain available until expended.

                     Nuclear Regulatory Commission


                         Salaries and Expenses

       For necessary expenses of the Commission in carrying out 
     the purposes of the Energy Reorganization Act of 1974, as 
     amended, and the Atomic Energy Act of 1954, as amended, 
     including official representation expenses (not to exceed 
     $15,000), and purchase of promotional items for use in the 
     recruitment of individuals for employment, $516,900,000, to 
     remain available until expended: Provided, That of the amount 
     appropriated herein, $23,650,000 shall be derived from the 
     Nuclear Waste Fund: Provided further, That revenues from 
     licensing fees, inspection services, and other services and 
     collections estimated at $468,248,000 in fiscal year 2002 
     shall be retained and used for necessary salaries and 
     expenses in this account, notwithstanding 31 U.S.C. 3302, and 
     shall remain available until expended: Provided further, 
     That, $700,000 of the funds herein appropriated for 
     regulatory reviews and other assistance to Federal agencies 
     and States shall be excluded from license fee revenues, 
     notwithstanding 42 U.S.C. 2214: Provided further, That the 
     sum herein appropriated shall be reduced by the amount of 
     revenues received during fiscal year 2002 so as to result in 
     a final fiscal year 2002 appropriation estimated at not more 
     than $48,652,000: Provided further, That, notwithstanding any 
     other provision of law, no funds made available under this or 
     any other Act may be expended by the Commission to implement 
     or enforce 10 C.F.R. Part 35, as adopted by the Commission on 
     October 23, 2000.

                      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, $5,500,000, to remain available until 
     expended: Provided, That revenues from licensing fees, 
     inspection services, and other services and collections 
     estimated at $5,280,000 in fiscal year 2002 shall be retained 
     and be available until expended, for necessary salaries and 
     expenses in this account notwithstanding 31 U.S.C. 3302: 
     Provided further, That the sum herein appropriated shall be 
     reduced by the amount of revenues received during fiscal year 
     2002 so as to result in a final fiscal year 2002 
     appropriation estimated at not more than $220,000.

                  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, $3,500,000, 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

[[Page S8031]]

     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.
       This Act may be cited as the ``Energy and Water Development 
     Appropriations Act, 2002''.

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