PUBLIC LAW 107–66—NOV. 12, 2001

ENERGY AND WATER DEVELOPMENT

APPROPRIATIONS ACT, 2002

115 STAT. 486 PUBLIC LAW 107–66—NOV. 12, 2001

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for the fiscal year ending September

30, 2002, 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

Energy and

Water

Development

Appropriations

Act, 2002.

Nov. 12, 2001

[H.R. 2311]

PUBLIC LAW 107–66—NOV. 12, 2001 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, 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 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), California, $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,

114 Stat.

2763A–189.

Reports.

Deadline.

115 STAT. 488 PUBLIC LAW 107–66—NOV. 12, 2001

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

PUBLIC LAW 107–66—NOV. 12, 2001 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, 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

Deadline.

Reports.

115 STAT. 490 PUBLIC LAW 107–66—NOV. 12, 2001

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 nonFederal sponsor shall provide all necessary lands, easements, rightsof-way, and relocations that may be required for the disposal of

PUBLIC LAW 107–66—NOV. 12, 2001 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, AlabamaCoosa 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 longterm 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: 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

Deadline.

115 STAT. 492 PUBLIC LAW 107–66—NOV. 12, 2001

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.

PUBLIC LAW 107–66—NOV. 12, 2001 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.

115 STAT. 494 PUBLIC LAW 107–66—NOV. 12, 2001

SEC. 107. 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 rightof-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

33 USC 59jj.

PUBLIC LAW 107–66—NOV. 12, 2001 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-ofway 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.

115 STAT. 496 PUBLIC LAW 107–66—NOV. 12, 2001

(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 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, 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, 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

113 Stat. 342.

31 USC 6505

note.

113 Stat. 273.

PUBLIC LAW 107–66—NOV. 12, 2001 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.

115 STAT. 498 PUBLIC LAW 107–66—NOV. 12, 2001

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, 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.

43 USC 2241.

PUBLIC LAW 107–66—NOV. 12, 2001 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.).

115 STAT. 500 PUBLIC LAW 107–66—NOV. 12, 2001

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) 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-ofway, 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. 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

43 USC 1543

note.

114 Stat.

2763A–223.

PUBLIC LAW 107–66—NOV. 12, 2001 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

115 STAT. 502 PUBLIC LAW 107–66—NOV. 12, 2001

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, 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, 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.

110 Stat. 3663.

113 Stat. 274.

PUBLIC LAW 107–66—NOV. 12, 2001 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, 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

42 USC 2021a

note.

115 STAT. 504 PUBLIC LAW 107–66—NOV. 12, 2001

activities pursuant to the Act: Provided further, That the distribution of the funds as determined by the units of local government

shall be approved by the Department of Energy: Provided further, That the funds for the State of Nevada shall be made available

solely to the Nevada Division of Emergency Management by direct

payment and units of local government by direct payment: Provided

further, That within 90 days of the completion of each Federal

fiscal year, the Nevada Division of Emergency Management and

the Governor of the State of Nevada and each local entity shall

provide certification to the Department of Energy that all funds

expended from such payments have been expended for activities

authorized by Public Law 97–425 and this Act. Failure to provide

such certification shall cause such entity to be prohibited from

any further funding provided for similar activities: Provided further, That none of the funds herein appropriated may be: (1) used directly

or indirectly to influence legislative action on any matter pending

before Congress or a State legislature or for lobbying activity as

provided in 18 U.S.C. 1913; (2) used for litigation expenses; or

(3) used to support multi-State efforts or other coalition building

activities inconsistent with the restrictions contained in this Act:

Provided further, That all proceeds and recoveries realized by the

Secretary in carrying out activities authorized by the Nuclear Waste

Policy Act of 1982, Public Law 97–425, as amended, including

but not limited to, any proceeds from the sale of assets, shall

be available without further appropriation and shall remain available until expended.

DEPARTMENTAL ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS)

For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes

of the Department of Energy Organization Act (42 U.S.C. 7101

et seq.), including the hire of passenger motor vehicles and official

reception and representation expenses (not to exceed $35,000),

$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.

Deadline.

Nevada.

Certification.

PUBLIC LAW 107–66—NOV. 12, 2001 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

115 STAT. 506 PUBLIC LAW 107–66—NOV. 12, 2001

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

PUBLIC LAW 107–66—NOV. 12, 2001 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.

115 STAT. 508 PUBLIC LAW 107–66—NOV. 12, 2001

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 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) 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.

Reports.

Notification.

42 USC 7171

note.

PUBLIC LAW 107–66—NOV. 12, 2001 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. 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. 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

42 USC 7274r.

Public

information.

115 STAT. 510 PUBLIC LAW 107–66—NOV. 12, 2001

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 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 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

40 USC app. 401

note.

112 Stat. 681.

PUBLIC LAW 107–66—NOV. 12, 2001 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.

115 STAT. 512 PUBLIC LAW 107–66—NOV. 12, 2001

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.

PUBLIC LAW 107–66—NOV. 12, 2001 115 STAT. 513

LEGISLATIVE HISTORY—H.R. 2311 (S. 1171):

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.

Æ

This Act may be cited at the ‘‘Energy and Water Development

Appropriations Act, 2002’’.

Approved November 12, 2001.