[107th Congress Public Law 66]
[From the U.S. Government Printing Office]
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[DOCID: f:publ066.107]
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ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2002
[[Page 115 STAT. 486]]
Public Law 107-66
107th Congress
An Act
Making appropriations for energy and water development for the fiscal
year ending September 30, 2002, and for other purposes. <<NOTE: Nov. 12,
2001 - [H.R. 2311]>>
Be it enacted by the Senate and House of Representatives of the
United <<NOTE: Energy and Water Development Appropriations Act, 2002.>>
States of America in Congress assembled, That the following sums are
appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2002, 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, $154,350,000, to remain available until expended:
Provided, That the Secretary of the Army, acting through the Chief of
Engineers, is directed to use funds appropriated herein to continue
preconstruction engineering and design of the Murrieta Creek,
California, flood protection and environmental enhancement project and
is further directed to continue with the project in accordance with cost
sharing established for the Murrieta Creek project in Public Law 106-
377: Provided further, That the Secretary of the Army, acting through
the Chief of Engineers, is directed to use the feasibility report
prepared under the authority of section 205 of the Flood Control Act of
1948, as amended, as the basis for the Rock Creek-Keefer Slough Flood
Control Project, Butte County, California, and is further directed to
use funds appropriated herein for preconstruction engineering and design
of the project: Provided
[[Page 115 STAT. 487]]
further, That in conducting the Southwest Valley Flood Damage Reduction
Study, Albuquerque, New Mexico, the Secretary of the Army, acting
through the Chief of Engineers, shall include an evaluation of flood
damage reduction measures that would otherwise be excluded from the
feasibility analysis based on policies regarding the frequency of
flooding, the drainage areas, and the amount of runoff: Provided
further, That the Secretary of the Army, acting through the Chief of
Engineers, is directed to 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, <<NOTE: Reports. Deadline.>> That using
$1,000,000 of the funds provided
herein, the Secretary of the Army, acting through the Chief of
Engineers, is directed to conduct a comprehensive watershed study
at full Federal expense to provide a framework for implementing
activities to improve environmental quality of the Lake Tahoe Basin
and the Secretary shall submit a feasibility level report within
30 months of enactment of this Act: Provided further, That appendix D,
chapter 5 of Public Law 106-554 <<NOTE: 114 Stat. 2763A-189.>> is
amended in the last sentence under the subheading titled ``General
Investigations'' by striking ``a cost shared feasibility study of'' and
inserting ``planning, engineering and design activities for''.
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), $1,715,951,000, to remain
available until expended, of which such sums as are necessary for the
Federal share of construction costs for facilities under the Dredged
Material Disposal Facilities program shall be derived from the Harbor
Maintenance Trust Fund, as authorized by Public Law 104-303; and of
which such sums as are necessary pursuant to Public Law 99-662 shall be
derived from the Inland Waterways Trust Fund, for one-half of the costs
of construction and rehabilitation of inland waterways projects,
including rehabilitation costs for the Lock and Dam 11, Mississippi
River, Iowa; Lock and Dam 12, Mississippi River, Iowa; Lock and Dam 24,
Mississippi River, Illinois and Missouri; Lock and Dam 3, Mississippi
River, Minnesota; and London Locks and Dam, Kanawha River, West
Virginia, projects; and of which funds are provided for the following
projects in the amounts specified:
San Timoteo Creek (Santa Ana River Mainstem), Cali-
fornia, $8,000,000;
Indianapolis Central Waterfront, Indiana, $9,000,000;
Southern and Eastern Kentucky, Kentucky, $4,000,000;
Clover Fork, City of Cumberland, Town of Martin, Pike County
(including Levisa Fork and Tug Fork Tributaries), Bell County,
Floyd County, Martin County, and Harlan County,
[[Page 115 STAT. 488]]
Kentucky, elements of the Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River, Kentucky, $15,450,000; and
Lower Mingo County (Kermit), Upper Mingo County (including
County Tributaries), Wayne County, and McDowell County, West
Virginia, elements of the Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River project, $5,900,000:
Provided, That using $1,000,000 of the funds appropriated herein, the
Secretary of the Army, acting through the Chief of Engineers, is
directed to modify the Carr Creek Lake, Kentucky, project at full
Federal expense to provide additional water supply storage for the Upper
Kentucky River Basin: Provided further, That with $1,200,000 of the
funds appropriated herein, the Secretary of the Army, acting through the
Chief of Engineers, is directed to undertake design deficiency repairs
to the Bois Brule Drainage and Levee District, Missouri, project,
authorized and constructed under the authority of the Flood Control Act
of 1936 with cost sharing consistent with the original project
authorization: Provided further, That in accordance with section 332 of
the Water Resources Development Act of 1999, the Secretary of the Army
is directed to increase the authorized level of protection of the Bois
Brule Drainage and Levee District, Missouri, project from 50 years to
100 years using $700,000 of the funds appropriated herein, and the
project costs allocated to the incremental increase in the level of
protection shall be cost shared consistent with section 103(a) of the
Water Resources Development Act of 1986, notwithstanding section 202(a)
of the Water Resources Development Act of 1996: Provided further, 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
preparation of a General Reevaluation Report of the Oak Island, Caswell
Beach, and Holden Beach segments of the Brunswick County Beaches project
in North Carolina: Provided further, That 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 the 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, using up to $200,000 of the
funds provided herein, is directed to complete the Aloha-Rigolette,
Louisiana, project at full Federal
[[Page 115 STAT. 489]]
expense: Provided further, That using $500,000 of the funds provided
herein, the Secretary of the Army, acting through the Chief of
Engineers, is directed to proceed with the Shoalwater Bay Shoreline,
Washington, project: Provided further, That all studies for the
Shoalwater Bay Shoreline project shall be cost shared in the same
proportion as the construction implementation costs: Provided further,
That using $2,500,000 of the funds provided herein, the Secretary of the
Army, acting through the Chief of Engineers, is directed to proceed with
a final design and initiate construction for the repair and replacement
of the Jicarilla Municipal Water System in the town of Dulce, New
Mexico: Provided further, That using $750,000 of the funds provided
herein, the Secretary of the Army, acting through the Chief of
Engineers, is directed to proceed with the Missouri River Restoration
Project and that erosion control measures implemented shall be primarily
through nonstructural means such as planting of native vegetation,
buffer strips, conservation easements, setbacks, and agricultural best
management practices: Provided further, That with $10,000,000 of the
funds provided herein, the Secretary of the Army, acting through the
Chief of Engineers, is directed to construct the Dallas Floodway
Extension, Texas, project, including the Cadillac Heights feature,
generally in accordance with the Chief of Engineers report dated
December 7, 1999: Provided further, <<NOTE: Deadline. Reports.>> That
the deadline for the report required under section 154(g) of Public Law
106-554 is extended to December 31, 2002: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers, is
directed to use unexpended funds appropriated in Public Law 105-62,
under the heading Construction, General for Salyersville, Kentucky, to
construct additional recreation improvements at the Buckhorn Lake,
Kentucky, project: Provided further, That using $1,000,000 of the funds
provided herein, the Secretary of the Army, acting through the Chief of
Engineers, is directed to initiate construction on 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 Secretary of the Army, acting through the
Chief of Engineers, is directed to use up to $900,000 of funds
previously appropriated to reimburse the City of Venice, Florida, for
the costs incurred by the City prior to October 1998 for work
accomplished by the City related to the relocation of the stormwater
outfalls and the construction of the artificial reef that comprises an
integral part of the project for beach nourishment, in Sarasota County,
Florida: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use funds appropriated
herein, for emergency bank stabilization measures at Lakeshore Park in
Knoxville, Tennessee: 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
[[Page 115 STAT. 490]]
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, for the Raritan River Basin, Green Brook Sub-Basin, New
Jersey, project, the Secretary of the Army, acting through the Chief of
Engineers, is directed to implement the locally preferred plan for the
element in the western portion of Middlesex Borough, New Jersey, which
includes the buyout of up to 22 homes, the flood proofing of four
commercial buildings along Prospect Place and Union Avenue, and the
buyout of up to three commercial buildings along Raritan and Lincoln
Avenues, at a total estimated cost of $15,000,000, with an estimated
Federal cost of $11,500,000 and an estimated non-Federal cost of
$3,500,000.
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), $345,992,000, to remain available until expended: Provided,
That, the Secretary of the Army, acting through the Chief of Engineers,
is directed to convey to the Board of Mississippi Levee Commissioners
any and all fee owned real property interests deemed excess to Army
needs for disposal by the U.S. Army Corps of Engineers at its Casting
Plant and its Bank Grading and Mat Loading Fleeting Area located in
Greenville, Mississippi. This real property shall be used by the Board
of Mississippi Levee Commissioners for the operation and maintenance of
the Mississippi River and Tributaries Project as it deems necessary.
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, $1,874,803,000, 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 the Secretary of the Army, acting through the
Chief of Engineers, is directed, within funds available for the Mobile
Harbor, Alabama, project, to remove, transport, dispose, and remediate
contaminated sediments in and adjacent to the Federal navigation
projects for the Arlington Channel and the Garrows Bend Channel at
Federal expense, and a non-Federal sponsor shall provide all necessary
lands, easements, rights-of-way, and relocations that may be required
for the disposal of
[[Page 115 STAT. 491]]
dredged material: Provided further, That using funds appropriated
herein, the Secretary of the Army, acting through the Chief of
Engineers, is directed to perform cultural resource mitigation and
recreation improvements at Waco Lake, Texas, at full Federal expense
notwithstanding the provisions of the Water Supply Act of 1958: Provided
further, That the Secretary of the Army, acting through the Chief of
Engineers, is directed to use funds appropriated herein to grade the
basin within the Hansen Dam feature of the Los Angeles County Drainage
Area, California, project to enhance and maintain flood capacity and to
provide for future use of the basin for compatible purposes consistent
with the Master Plan, including recreation and environmental
restoration: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use funds appropriated
herein to fully investigate the development of an upland disposal site
recycling program on the Black Warrior and Tombigbee Rivers, Alabama-
Coosa Rivers, and the Mobile River projects: Provided further, 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, acting through the Chief of Engineers, is directed to use funds
appropriated herein to remove and reinstall the docks and causeway, in
kind, and continue breakwater repairs at Astoria East Boat Basin,
Oregon: Provided further, That using 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 the
project for the Apalachicola, Chattahoochee, and Flint Rivers
Navigation, authorized by section 2 of the River and Harbor Act of March
2, 1945 (Public Law 79-14) 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 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: <<NOTE: Deadline.>> 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 Act:
Provided further, That, of the funds herein, $4,900,000 shall be made
available for these purposes and $8,000,000 shall
[[Page 115 STAT. 492]]
be made available for normal operation and maintenance of the
Apalachicola, Chattahoochee, and Flint Rivers navigation project.
Flood Control and Coastal Emergencies
(rescission)
Of the funds made available under this heading in Public Law 107-20,
$25,000,000 are hereby rescinded.
Regulatory Program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $127,000,000, to remain
available until expended.
Formerly Utilized Sites Remedial Action Program
For expenses necessary to clean up contamination from sites
throughout the United States resulting from work performed as part of
the Nation's early atomic energy program, $140,000,000, to remain
available until expended.
General Expenses
For expenses necessary for general administration and related
functions in the Office of the Chief of Engineers and offices of the
Division Engineers, activities of the Humphreys Engineer
Center Support Activity, the Institute for Water Resources, and
headquarters support functions at the USACE Finance Center,
$153,000,000, to remain available until expended: Provided, That no part
of any other appropriation provided in title I of this Act shall be
available to fund the activities of the Office of the Chief of Engineers
or the executive direction and management activities of the division
offices: Provided further, That none of these funds shall be available
to support an office of congressional affairs within the executive
office of the Chief of Engineers.
Administrative Provisions
Appropriations in this title shall be available for official
reception and representation expenses (not to exceed $5,000); and during
the current fiscal year the Revolving Fund, Corps of Engineers, shall be
available for purchase (not to exceed 100 for replacement only) and hire
of passenger motor vehicles.
GENERAL PROVISIONS
Corps of Engineers--Civil
Sec. 101. (a) Conveyance Authorized.--The Secretary of the Army
shall convey to the Blue Township Fire District, Blue Township, Kansas,
by quitclaim deed and without consideration, all right, title, and
interest of the United States in and to a parcel of land consisting of
approximately 4.35 acres located in Pottawatomie County, Tuttle Creek
Lake, Kansas.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
[[Page 115 STAT. 493]]
(c) Reversion.--If the Secretary determines that the property
conveyed under subsection (a) ceases to be held in public ownership or
to be used as a site for a fire station, all right, title, and interest
in and to the property shall revert to the United States, at the option
of the United States.
Sec. 102. For those shore protection projects funded in this Act
which have Project Cooperation Agreements in place, the Secretary of the
Army is directed to proceed with those projects in accordance with the
cost sharing specified in the Project Cooperation Agreement: Provided,
That 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. 103. 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. 104. 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. 105. 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. 106. 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.
[[Page 115 STAT. 494]]
Sec. 107. <<NOTE: 33 USC 59jj.>> 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.
11/28'50" E. 38.56 feet; thence
(ii) along the same N. 61/28'35" 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. 11/28'50" E. 1052.14 feet; thence
(ii) crossing Church Street, N. 34/19'51" W.
1590.16 feet; thence
(iii) N. 27/56'37" W. 3674.36 feet; thence
(iv) N. 35/33'54" W. 975.59 feet; thence
(v) N. 57/04'39" W. 481.04 feet; thence
(vi) N. 36/22'55" 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. 53/37'05" E.
1256.19 feet; thence
(viii) still along the same, N. 86/10'29" E.
1692.61 feet; thence, still along the same the
following thirteenth courses
(ix) S. 67/44'20" E. 1090.00 feet to a point
in the Pierhead and Bulkhead Line along the
Southwesterly shore of Woodbury Creek; thence
(x) S. 39/44'20" E. 507.10 feet; thence
(xi) S. 31/01'38" E. 1062.95 feet; thence
(xii) S. 34/34'20" E. 475.00 feet; thence
(xiii) S. 32/20'28" E. 254.18 feet; thence
(xiv) S. 52/55'49" E. 964.95 feet; thence
(xv) S. 56/24'40" E. 366.60 feet; thence
(xvi) S. 80/31'50" E. 100.51 feet; thence
(xvii) N. 75/30'00" E. 120.00 feet; thence
(xviii) N. 53/09'00" E. 486.50 feet; thence
(xix) N. 81/18'00" E. 132.00 feet; thence
(xx) S. 56/35'00" E. 115.11 feet; thence
[[Page 115 STAT. 495]]
(xxi) S. 42/00'00" E. 271.00 feet; thence
(xxii) S. 48/30'00" E. 287.13 feet to a point
in the Northwesterly line of Grove Avenue (59.75
feet wide); thence
(xxiii) S. 23/09'50" W. 4120.49 feet; thence
(xxiv) N. 66/50'10" W. 251.78 feet; thence
(xxv) S. 36/05'20" E. 228.64 feet; thence
(xxvi) S. 58/53'00" W. 1158.36 feet to a point
in the Southwesterly line of said River Lane;
thence
(xxvii) S. 41/31'35" E. 113.50 feet; thence
(xxviii) S. 61/28'35" 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. 88/45'47" W. 1104.21 feet; thence
(II) S. 69/06'30" W. 1758.95 feet; thence
(III) N. 23/04'43" W. 600.19 feet; thence
(IV) N. 19/15'32" W. 3004.57 feet; thence
(V) N. 44/52'41" W. 897.74 feet; thence
(VI) N. 32/26'05" W. 2765.99 feet to a point
in the Pierhead and Bulkhead Line along the
Southeasterly shore of the Delaware River; thence
(VII) N. 53/37'05" E. 2770.00 feet; thence
(VIII) S. 36/22'55" E. 870.00 feet; thence
(IX) S. 57/04'39" E. 481.04 feet; thence
(X) S. 35/33'54" E. 975.59 feet; thence
(XI) S. 27/56'37" E. 3674.36 feet; thence
(XII) crossing Church Street, S. 34/19'51" E.
1590.16 feet to a point in the easterly line of
Church Street; thence
(XIII) S. 11/28'50" W. 1052.14 feet; thence
(XIV) S. 61/28'35" W. 32.31 feet; thence
(XV) S. 11/28'50" 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. 11/28'50" 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. 78/27'40" W. 118.47 feet; thence
(II) N. 15/48'40" W. 120.51 feet; thence
(III) N. 77/53'00" E 189.58 feet to a point in
the centerline of Church Street; thence
(IV) S. 11/28'50" 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.
[[Page 115 STAT. 496]]
(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. 108. Nome Harbor Technical Corrections. Section 101(a)(1) of
Public Law 106-53 (the Water Resources Development Act of 1999) is
amended <<NOTE: 113 Stat. 273.>> 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. 109. Section 211 of the Water Resources Development Act of
2000, Public Law 106-541, <<NOTE: 31 USC 6505 note.>> is amended by
adding the following language at the end of subsection (d):
``(e) Engineering Research and Development Center.--The Engineering
Research and Development Center is exempt from the requirements of this
section.''.
Sec. 110. Section 514(g) of the Water Resources Development Act of
1999, Public Law 106-53, <<NOTE: 113 Stat. 342.>> is amended by
striking ``fiscal years 2000 and 2001'' and inserting in lieu thereof
``fiscal years 2000 through 2002''.
Sec. 111. The Secretary of the Army, acting through the Chief of
Engineers, is directed to modify the pump station intake structure and
discharge line to preclude ice from interfering with pump operations at
Fort Fairfield, Maine, flood control project: Provided, That all design
and construction costs associated with the modifications of the Fort
Fairfield, Maine, project shall be at Federal expense.
Sec. 112. 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. 113. 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
[[Page 115 STAT. 497]]
(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.''.
Sec. 114. The flood control project for the Ramapo River at Oakland,
New Jersey, authorized by section 401(a) of the Water Resources
Development Act of 1986, Public Law 99-662, as
amended by section 301(a)(9) of the Water Resources Development
Act of 1996, Public Law 104-33, is modified to authorize the Secretary
of the Army, acting through the Chief of Engineers, to
construct the project at a total cost of $18,000,000, with an estimated
Federal cost of $13,500,000 and an estimated non-Federal
cost of $4,500,000 less any credits allowed under applicable laws.
Sec. 115. Except for the historic scheduled maintenance dredging in
the Delaware River, none of the funds appropriated in this Act shall be
used to operate the dredge McFARLAND other than for urgent dredging,
emergencies and in support of national defense.
Sec. 116. 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.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $34,918,000, to remain available until expended, of
which $10,749,000 shall be deposited into the Utah Reclamation
Mitigation and Conservation Account for use by the Utah Reclamation
Mitigation and Conservation Commission.
[[Page 115 STAT. 498]]
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,
$762,531,000, to remain available until expended, of which $14,649,000
shall be available for transfer to the Upper Colorado River Basin Fund
and $31,442,000 shall be available for transfer to the Lower Colorado
River Basin Development Fund; of which such amounts as may be necessary
may be advanced to the Colorado River Dam Fund; of which $8,000,000
shall be for on-reservation water development, feasibility studies, and
related administrative costs under Public Law 106-163; and of which not
more than $500,000 is for high priority projects which shall be carried
out by the Youth Conservation Corps, as authorized by 16 U.S.C. 1706:
Provided, That such transfers may be increased or decreased within the
overall appropriation under this heading: Provided further, That of the
total appropriated, the amount for program activities that can be
financed by the Reclamation Fund or the Bureau of Reclamation special
fee account established by 16 U.S.C. 460l-6a(i) shall be derived from
that Fund or account: Provided further, That funds contributed under 43
U.S.C. 395 are available until expended for the purposes for which
contributed: Provided further, That funds advanced under 43 U.S.C. 397a
shall be credited to this account and are available until expended for
the same purposes as the sums appropriated under this heading: Provided
further, That $12,000,000 of the funds appropriated herein shall be
deposited in the San Gabriel Basin Restoration Fund established by
section 110 of division B, title I of Public Law 106-554, of which
$1,000,000 shall be for remediation in the Central Basin Municipal Water
District: 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, <<NOTE: 43 USC
2241.>> is amended further by inserting ``2001, and 2002'' in lieu of
``and 2001'': 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-Pojoaque Regional Water System, New
Mexico: Provided further, That the study shall be completed by September
30, 2002.
[[Page 115 STAT. 499]]
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. In order to increase opportunities for Indian tribes to
develop, manage, and protect their water resources, the Secretary of the
Interior, acting through the Commissioner of the Bureau of Reclamation,
is authorized to enter into grants and cooperative agreements with any
Indian tribe, institution of higher education, national Indian
organization, or tribal organization pursuant to 31 U.S.C. 6301-6308.
Nothing in this Act is intended to modify or limit the provisions of the
Indian Self Determination Act (25 U.S.C. 45 et seq.).
[[Page 115 STAT. 500]]
Sec. 202. San Gabriel Basin, California. (a) Administration of
Restoration Fund.--Section 110(a)(2) of the Miscellaneous Appropriations
Act, 2001 (as enacted into law by section 1(a)(4) of Public Law 106-
554) <<NOTE: 114 Stat. 2763A-223.>> is amended by striking ``the
Secretary of the Army'' and inserting ``the Secretary of the Interior''.
(b) Purposes of Restoration Fund.--Section 110(a)(3)(A) of such Act
is amended by striking clauses (i) and (ii) and inserting the following:
``(i) to provide grants to the San Gabriel
Basin Water Quality Authority and the Central
Basin Municipal Water District to reimburse such
agencies for the
Federal share of the costs associated with
designing
and constructing water quality projects to be
administered by such agencies; and
``(ii) to provide grants to reimburse the San
Gabriel Basin Water Quality Authority and the
Central Basin Municipal Water District for the
Federal share of the costs required to operate any
project constructed under this section for a
period not to exceed 10 years, following the
initial date of operation of the project.''.
(c) Cost-Sharing Limitation.--Section 110(a)(3)(B) of such Act (114
Stat. 2763A-223) is amended by adding at the end the following:
``(iii) Credits toward non-federal share.--For
purposes of clause (ii), the Secretary shall
credit the San Gabriel Basin Water Quality
Authority with the value of all prior expenditures
by non-Federal interests made after February 11,
1993, that are compatible with the purposes of
this section, including--
``(I) all expenditures made by non-
Federal interests to design and
construct water quality projects,
including expenditures associated with
environmental analyses and public
involvement activities that were
required to implement the water quality
projects in compliance with applicable
Federal and State laws; and
``(II) all expenditures made by non-
Federal interests to acquire lands,
easements, rights-of-way, relocations,
disposal areas, and water rights that
were required to implement a water
quality project.''.
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 (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
(43 U.S.C. 390ww(i)).
Sec. 204. <<NOTE: 43 USC 1543 note.>> 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
[[Page 115 STAT. 501]]
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.
(b) Payment to general fund.--If any of the provisions of the
stipulation referred to in subsection (a) are 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'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal reclamation
law.
Sec. 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.
Sec. 207. 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. 208. None of the funds made available in this Act may be used
by the Bureau of Reclamation (either directly or by making the funds
available to an entity under a contract) for the issuance of permits
for, or any other activity related to the management
[[Page 115 STAT. 502]]
of, commercial rafting activities within the Auburn State Recreation
Area, California, until the requirements of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Federal Water
Pollution Control Act (33 U.S.C. 12151 et seq.) are met with respect to
such commercial rafting activities.
Sec. 209. (a) Section 101(a)(6)(C) of the Water Resources
Development Act of 1999, Public Law 106-53, <<NOTE: 113 Stat. 274.>> is
amended to read as follows:
``(C) Makeup of water shortages caused by flood
control operation.--
``(i) In general.--The Secretary of the
Interior shall enter into, or modify, such
agreements with the Sacramento Area Flood Control
Agency regarding the operation of Folsom Dam and
Reservoir as may be necessary in order that,
notwithstanding any prior agreement or provision
of law, 100 percent of the water needed to make up
for any water shortage caused by variable flood
control operation during any year at Folsom Dam,
and resulting in a significant impact on
recreation at Folsom Reservoir shall be replaced,
to the extent the water is available for purchase,
by the Secretary of the Interior.
``(ii) Cost sharing.--Seventy-five percent of
the costs of the replacement water provided under
clause (i) shall be paid for on a non-reimbursable
basis by the Secretary of the Interior at Federal
expense. The remaining 25 percent of such costs
shall be provided by the Sacramento Area Flood
Control Agency.
``(iii) Limitation.--To the extent that any
funds in excess of the non-Federal share are
provided by the Sacramento Area Flood Control
Agency, the Secretary shall reimburse such non-
Federal interests for such excess funds. Costs for
replacement water may not exceed 125 percent of
the current average market price for raw water, as
determined by the Secretary of the Interior.''.
(b) Conforming Change.--Section 101(a)(1)(D)(ii) of the Water
Resources Development Act of 1996, Public Law 104-303, <<NOTE: 110 Stat.
3663.>> is
amended by striking ``during'' and all that follows through
``thereafter''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Supply
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy supply activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real property or
any facility or for plant or facility acquisition, construction, or
expansion; and the purchase of not to exceed 17 passenger motor vehicles
for replacement only, $666,726,000, to remain available until expended.
[[Page 115 STAT. 503]]
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, $236,372,000, to remain
available until expended: Provided, <<NOTE: 42 USC 2021a note.>> That
funding for the West Valley Demonstration Project shall be reduced in
subsequent fiscal years to the minimum necessary to maintain the project
in a safe and stable condition, unless, not later than September 30,
2002, the Secretary: (1) provides written notification to the Committees
on Appropriations of the House of Representatives and the Senate that
agreement has been reached with the State of New York on the final scope
of Federal activities at the West Valley site and on the respective
Federal and State cost shares for those activities; (2) submits a
written copy of that agreement to the Committees on Appropriations of
the House of Representatives and the Senate; and (3) provides a written
certification that the Federal actions proposed in the agreement will be
in full compliance with all relevant Federal statutes and are in the
best interest of the Federal Government.
Uranium Facilities Maintenance and Remediation
For necessary expenses to maintain, decontaminate, decommission, and
otherwise remediate uranium processing facilities, $418,425,000, of
which $299,641,000 shall be derived from the Uranium Enrichment
Decontamination and Decommissioning Fund, all of which shall remain
available until expended.
Science
For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not to exceed 25 passenger motor vehicles for
replacement only, $3,233,100,000, 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, $95,000,000, to remain
available until expended and to be derived from the Nuclear Waste Fund:
Provided, That not to exceed $2,500,000 shall be provided to the State
of Nevada solely for expenditures, other than salaries and expenses of
State employees, to conduct scientific oversight responsibilities
pursuant to the Nuclear Waste Policy Act of 1982, Public Law 97-425, as
amended: Provided further, That $6,000,000 shall be provided to affected
units of local governments, as defined in Public Law 97-425, to conduct
appropriate
[[Page 115 STAT. 504]]
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, <<NOTE: Deadline. Nevada. Certification.>> That within 90 days
of the completion of each Federal fiscal year, the Nevada Division of
Emergency Management and the Governor of the State of Nevada and each
local entity shall provide certification to the Department of Energy
that all funds expended from such payments have been expended for
activities authorized by Public Law 97-425 and this Act. Failure to
provide such certification shall cause such entity to be prohibited from
any further funding provided for similar activities: Provided further,
That none of the funds herein appropriated may be: (1) used directly or
indirectly to influence legislative action on any matter pending before
Congress or a State legislature or for lobbying activity as provided in
18 U.S.C. 1913; (2) used for litigation expenses; or (3) used to support
multi-State efforts or other coalition building activities inconsistent
with the restrictions contained in this Act: Provided further, That all
proceeds and recoveries realized by the Secretary in carrying out
activities authorized by the Nuclear Waste Policy Act of 1982, Public
Law 97-425, as amended, including but not limited to, any proceeds from
the sale of assets, shall be available without further appropriation and
shall remain available until expended.
Departmental Administration
(including transfer of funds)
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the hire of passenger motor vehicles and official reception
and representation expenses (not to exceed $35,000), $210,853,000, 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 $73,043,000.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $32,430,000, to remain available until expended.
[[Page 115 STAT. 505]]
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 not to exceed 11 passenger motor vehicles for replacement
only, $5,429,238,000, to remain available until expended.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense, defense nuclear
nonproliferation activities, in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $803,586,000, to remain available until expended.
Naval Reactors
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $688,045,000, to
remain available until expended.
Office of the Administrator
For necessary expenses of the Office of the Administrator of the
National Nuclear Security Administration, including official reception
and representation expenses (not to exceed $12,000), $312,596,000, to
remain available until expended.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Restoration and Waste Management
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental restoration
and waste management activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion; and the purchase of not to exceed 30
[[Page 115 STAT. 506]]
passenger motor vehicles, of which 27 shall be for replacement only,
$5,234,576,000, to remain available until expended.
Defense Facilities Closure Projects
For expenses of the Department of Energy to accelerate the closure
of defense environmental management sites, including the purchase,
construction, and acquisition of plant and capital equipment and other
necessary expenses, $1,092,878,000, to remain available until expended.
Defense Environmental Management Privatization
For Department of Energy expenses for privatization projects
necessary for atomic energy defense environmental management activities
authorized by the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), $153,537,000, 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, $544,044,000, 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 2002, no new direct loan obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant to the
provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C.
825s), as applied to the southeastern power area, $4,891,000, to remain
available until expended; in addition, notwithstanding the provisions of
31 U.S.C. 3302, up to $8,000,000 collected by the Southeastern Power
Administration pursuant to the Flood
[[Page 115 STAT. 507]]
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, $171,938,000, to remain
available until expended, of which $166,651,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That of the
amount herein appropriated, $6,000,000 is for deposit into the Utah
Reclamation Mitigation and Conservation Account pursuant to title IV of
the Reclamation Projects Authorization and Adjustment Act of 1992:
Provided further, That up to $152,624,000 collected by the Western Area
Power Administration pursuant to the Flood Control Act of 1944 and the
Reclamation Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections, to
remain available until expended for the sole purpose of making purchase
power and wheeling expenditures.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $2,663,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the
Western Area Power Administration, as provided in section 423 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995.
[[Page 115 STAT. 508]]
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), $184,155,000, to remain
available until expended: Provided, That <<NOTE: 42 USC 7171 note.>>
notwithstanding any other provision of law, not to exceed $184,155,000
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 an additional 5 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, or award a significant
extension or expansion to an existing management and operating contract,
unless such contract is awarded using competitive procedures or the
Secretary of Energy grants, on a case-by-case basis, a waiver to allow
for such a deviation. The Secretary may not delegate the authority to
grant such a waiver.
(b) <<NOTE: Reports. Notification.>> At least 60 days before a
contract award for which the Secretary intends to grant such a waiver,
the Secretary shall submit to the Subcommittees on Energy and Water
Development of the Committees on Appropriations of the House of
Representatives and the Senate a report notifying the Subcommittees of
the waiver and setting forth, in specificity, the substantive reasons
why the Secretary believes the requirement for competition should be
waived for this particular award.
Sec. 302. None of the funds appropriated by this Act may be used
to--
(1) develop or implement a workforce restructuring plan
that covers employees of the Department of Energy; or
(2) provide enhanced severance payments or other benefits
for employees of the Department of Energy,
under section 3161 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 42 U.S.C. 7274h).
Sec. 303. None of the funds appropriated by this Act may be used to
augment the $20,000,000 made available for obligation by this Act for
severance payments and other benefits and community assistance grants
under section 3161 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 42 U.S.C. 7274h) unless the Department of
Energy submits a reprogramming request subject to approval by the
appropriate Congressional committees.
[[Page 115 STAT. 509]]
Sec. 304. None of the funds appropriated by this Act may be used to
prepare or initiate Requests For Proposals (RFPs) for a program if the
program has not been funded by Congress.
(transfers of unexpended balances)
Sec. 305. The unexpended balances of prior appropriations provided
for activities in this Act may be transferred to appropriation accounts
for such activities established pursuant to this title. Balances so
transferred may be merged with funds in the applicable established
accounts and thereafter may be accounted for as one fund for the same
time period as originally enacted.
Sec. 306. None of the funds in this or any other Act for the
Administrator of the Bonneville Power Administration may be used to
enter into any agreement to perform energy efficiency services outside
the legally defined Bonneville service territory, with the exception of
services provided internationally, including services provided on a
reimbursable basis, unless the Administrator certifies in advance that
such services are not available from private sector businesses.
Sec. 307. <<NOTE: Public information.>> When the Department of
Energy makes a user facility available to universities and other
potential users, or seeks input from universities and other potential
users regarding significant characteristics or equipment in a user
facility or a proposed user facility, the Department shall ensure broad
public notice of such availability or such need for input to
universities and other potential users. When the Department of Energy
considers the participation of a university or other potential user as a
formal partner in the establishment or operation of a user facility, the
Department shall employ full and open competition in selecting such a
partner. For purposes of this section, the term ``user facility''
includes, but is not limited to: (1) a user facility as described in
section 2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C.
13503(a)(2)); (2) a National Nuclear Security Administration Defense
Programs Technology Deployment Center/User Facility; and (3) any other
Departmental facility designated by the Department as a user facility.
Sec. 308. 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. 309. <<NOTE: 42 USC 7274r.>> 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
[[Page 115 STAT. 510]]
be used for these activities: Provided further, That for purposes of
this section, the term ``covered nuclear weapons production plant''
means the following:
(1) the Kansas City Plant, Kansas City, Missouri;
(2) the Y-12 Plant, Oak Ridge, Tennessee;
(3) the Pantex Plant, Amarillo, Texas; and
(4) the Savannah River Plant, South Carolina.
Sec. 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 <<NOTE: 112 Stat. 681.>> 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. 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.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For <<NOTE: 40 USC app. 401 note.>> expenses necessary to carry out
the programs authorized by the Appalachian Regional Development Act of
1965, as amended, notwithstanding section 405 of said Act, and, for
necessary expenses for the Federal Co-Chairman and the alternate on the
Appalachian Regional Commission, for payment of the Federal share of the
administrative expenses of the Commission, including services as
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$71,290,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $18,500,000, to
remain available until expended.
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
[[Page 115 STAT. 511]]
Authority Act of 2000, $10,000,000, 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, $38,000,000, 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 $473,520,000
in fiscal year 2002 shall be retained and used for necessary salaries
and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall
remain available until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues received during
fiscal year 2002 so as to result in a final fiscal year 2002
appropriation estimated at not more than $43,380,000: 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 any part of 10 CFR part 35, as adopted by the
Commission on October 23, 2000, with respect to diagnostic nuclear
medicine, except those parts which establish training and experience
requirements for persons seeking licensing as authorized users, until
such time as the Commission has reexamined 10 CFR part 35 and provided a
report to the Congress which explains why the burden imposed by 10 CFR
part 35 could not be further reduced.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $6,180,000, to remain available until expended: Provided, That
revenues from licensing fees, inspection services, and other services
and collections estimated at $5,933,000 in fiscal year 2002 shall be
retained and be available until expended, for necessary salaries and
expenses in this account notwithstanding 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced by the amount
of revenues received during fiscal year 2002 so as to result in a final
fiscal year 2002 appropriation estimated at not more than $247,000.
[[Page 115 STAT. 512]]
Nuclear Waste Technical Review Board
salaries and expenses
For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $3,100,000, to be
derived from the Nuclear Waste Fund, and to remain available until
expended.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may be used in
any way, directly or indirectly, to influence congressional action on
any legislation or appropriation matters pending before Congress, other
than to communicate to Members of Congress as described in 18 U.S.C.
1913.
Sec. 502. (a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available in this
Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
(c) Prohibition of Contracts With Persons Falsely
Labeling Products as Made in America.--If it has been finally
determined by a court or Federal agency that any person intentionally
affixed a label bearing a ``Made in America'' inscription,
or any inscription with the same meaning, to any product sold
in or shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any contract or
subcontract made with funds made available in this Act, pursuant
to the debarment, suspension, and ineligibility procedures described
in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. 503. The Secretary of the Army shall 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 new oil and gas slant, directional, or
offshore drilling in or under one or more of the Great Lakes.
[[Page 115 STAT. 513]]
This Act may be cited as the ``Energy and Water Development
Appropriations Act, 2002''.
Approved November 12, 2001.
LEGISLATIVE HISTORY--H.R. 2311 (S. 1171):
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HOUSE REPORTS: Nos. 107-112 (Comm. on Appropriations) and 107-258
(Comm. of Conference).
SENATE REPORTS: No. 107-39 accompanying S. 1171 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 147 (2001):
June 27, 28, considered and passed House.
July 16-19, considered and passed Senate, amended.
Nov. 1, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):
Nov. 12, Presidential statement.
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