II

Calendar No. 79

107TH CONGRESS

1ST SESSION S. 1171

Making appropriations for energy and water development for the fiscal year

ending September 30, 2002, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 12, 2001

Mr. REID, from the Committee on Appropriations, reported the following

original bill; which was read twice and placed on the calendar

A BILL

Making appropriations for energy and water development

for the fiscal year ending September 30, 2002, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 fiscal year ending September 30, 2002, for energy and

6 water development, and for other purposes, namely:
2

S 1171 PCS

1 TITLE I

2 DEPARTMENT OF DEFENSE—CIVIL

3 DEPARTMENT OF THE ARMY

4 CORPS OF ENGINEERS—CIVIL

5 The following appropriations shall be expended under

6 the direction of the Secretary of the Army and the super7 vision of the Chief of Engineers for authorized civil func8 tions of the Department of the Army pertaining to rivers

9 and harbors, flood control, beach erosion, and related pur10 poses.

11 GENERAL INVESTIGATIONS

12 For expenses necessary for the collection and study

13 of basic information pertaining to river and harbor, flood

14 control, shore protection, and related projects, restudy of

15 authorized projects, miscellaneous investigations, and,

16 when authorized by laws, surveys and detailed studies and

17 plans and specifications of projects prior to construction,

18 $152,402,000, to remain available until expended.

19 CONSTRUCTION, GENERAL

20 For the prosecution of river and harbor, flood control,

21 shore protection, and related projects authorized by laws;

22 and detailed studies, and plans and specifications, of

23 projects (including those for development with participa24 tion or under consideration for participation by States,

25 local governments, or private groups) authorized or made
3

S 1171 PCS

1 eligible for selection by law (but such studies shall not con2 stitute a commitment of the Government to construction),

3 $1,570,798,000, to remain available until expended, of

4 which such sums as are necessary for the Federal share

5 of construction costs for facilities under the Dredged Ma6 terial Disposal Facilities program shall be derived from

7 the Harbor Maintenance Trust Fund, as authorized by

8 Public Law 104–303; and of which such sums as are nec9 essary pursuant to Public Law 99–662 shall be derived

10 from the Inland Waterways Trust Fund, for one-half of

11 the costs of construction and rehabilitation of inland wa12 terways projects, including rehabilitation costs for the

13 Lock and Dam 12, Mississippi River, Iowa; Lock and Dam

14 24, Mississippi River, Illinois and Missouri; Lock and

15 Dam 3, Mississippi River, Minnesota; and London Locks

16 and Dam, and Kanawha River, West Virginia, projects;

17 and of which funds are provided for the following projects

18 in the amounts specified:

19 Red River Emergency Bank Protection, AR,

20 $4,500,000;

21 Indianapolis Central Waterfront, Indiana,

22 $5,000,000;

23 Southern and Eastern Kentucky, Kentucky,

24 $2,500,000:
4

S 1171 PCS

1 Provided, That using $200,000 of the funds provided here2 in, the Secretary of the Army, acting through the Chief

3 of Engineers, is directed to conduct, at full Federal ex4 pense, technical studies of individual ditch systems identi5 fied by the State of Hawaii, and to assist the State in

6 diversification by helping to define the cost of repairing

7 and maintaining selected ditch systems: Provided further,

8 That the Secretary of the Army, acting through the Chief

9 of Engineers, is directed to use $1,300,000 of the funds

10 appropriated herein to continue construction of the navi11 gation project at Kaumalapau Harbor, Hawaii: Provided

12 further, That with $800,000 of the funds provided herein,

13 the Secretary of the Army, acting through the Chief of

14 Engineers, is directed to continue construction of the

15 Brunswick County Beaches, North Carolina-Ocean Isle

16 Beach portion in accordance with the General Reevalua17 tion Report approved by the Chief of Engineers on May

18 15, 1998: Provided further, That $2,500,000 of the funds

19 appropriated herein, the Secretary of the Army, acting

20 through the Chief of Engineers, is directed to use

21 $500,000 to undertake the Bowie County Levee Project,

22 which is defined as Alternative B Local Sponsor Option,

23 in the Corps of Engineers document entitled Bowie Coun24 ty Local Flood Protection, Red River, Texas, Project De25 sign Memorandum No. 1, Bowie County Levee, dated
5

S 1171 PCS

1 April 1997: Provided further, That the Secretary of the

2 Army is directed to use $4,000,000 of the funds provided

3 herein for Dam safety and Seepage/Stability Correction

4 Program to continue construction of seepage control fea5 tures at Waterbury Dam, Vermont: Provided further, That

6 the Secretary of the Army, acting through the Chief of

7 Engineers, is directed to use $41,100,000 of the funds ap8 propriated herein to proceed with planning, engineering,

9 design or construction of the following elements of the

10 Levisa and Tug Forks of the Big Sandy River and Upper

11 Cumberland River Project:

12 $4,500,000 for the Clover Fork, Kentucky, ele13 ment of the project;

14 $1,000,000 for the City of Cumberland, Ken15 tucky, element of the project;

16 $1,650,000 for the town of Martin, Kentucky,

17 element of the project;

18 $2,100,000 for the Pike County, Kentucky, ele19 ment of the project, including $1,100,000 for addi20 tional studies along the tributaries of the Tug Fork

21 and continuation of a Detailed Project Report for

22 the Levisa Fork;

23 $3,850,000 for the Martin County, Kentucky,

24 element of the project;
6

S 1171 PCS

1 $950,000 for the Floyd County, Kentucky, ele2 ment of the project;

3 $600,000 for the Harlan County element of the

4 project;

5 $800,000 for additional studies along tribu6 taries of the Cumberland River in Bell County, Ken7 tucky;

8 $18,600,000 to continue work on the Grundy,

9 Virginia, element of the project;

10 $450,000 to complete the Buchanan County,

11 Virginia, Detailed Project Report;

12 $700,000 to continue the Dickenson County,

13 Detailed Project Report;

14 $1,500,000 for the Lower Mingo County, West

15 Virginia, element of the project;

16 $600,000 for the Upper Mingo County, West

17 Virginia, element of the project;

18 $600,000 for the Wayne County, West Virginia,

19 element of the project;

20 $3,200,000 for the McDowell County element of

21 the project:

22 Provided further, That the Secretary of the Army, acting

23 through the Chief of Engineers, is directed to continue the

24 Dickenson County Detailed Project Report as generally

25 defined in Plan 4 of the Huntington District Engineer’s
7

S 1171 PCS

1 Draft Supplement to the Section 202 General Plan for

2 Flood Damage Reduction dated April 1997, including all

3 Russell Fork tributary streams within the County and spe4 cial considerations as may be appropriate to address the

5 unique relocations and resettlement needs for the flood

6 prone communities within the County.

7 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES,

8 ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS9 SISSIPPI, MISSOURI, AND TENNESSEE

10 For expenses necessary for prosecuting work of flood

11 control, and rescue work, repair, restoration, or mainte12 nance of flood control projects threatened or destroyed by

13 flood, as authorized by law (33 U.S.C. 702a and 702g–

14 1), $328,011,000, to remain available until expended.

15 OPERATION AND MAINTENANCE, GENERAL

16 For expenses necessary for the preservation, oper17 ation, maintenance, and care of existing river and harbor,

18 flood control, and related works, including such sums as

19 may be necessary for the maintenance of harbor channels

20 provided by a State, municipality or other public agency,

21 outside of harbor lines, and serving essential needs of gen22 eral commerce and navigation; surveys and charting of

23 northern and northwestern lakes and connecting waters;

24 clearing and straightening channels; and removal of ob25 structions to navigation, $1,833,263,000, to remain avail26 able until expended, of which such sums as become avail-
8

S 1171 PCS

1 able in the Harbor Maintenance Trust Fund, pursuant to

2 Public Law 99–662, may be derived from that Fund, and

3 of which such sums as become available from the special

4 account established by the Land and Water Conservation

5 Act of 1965, as amended (16 U.S.C. 460l), may be derived

6 from that account for construction, operation, and mainte7 nance of outdoor recreation facilities: Provided, That of

8 funds appropriated herein, for the Intracoastal Waterway,

9 Delaware River to Chesapeake Bay, Delaware and Mary10 land, the Secretary of the Army, acting through the Chief

11 of Engineers, is directed to reimburse the State of Dela12 ware for normal operation and maintenance costs incurred

13 by the State of Delaware for the SR1 Bridge from station

14 58∂00 to station 293∂00 between May 12, 1997 and

15 September 30, 2002. Reimbursement costs shall not ex16 ceed $1,277,000: Provided, That the Secretary of the

17 Army is directed to use $2,000,000 of funds appropriated

18 herein to remove and reinstall the docks and causeway,

19 in kind, at Astoria East Boat Basin, Oregon: Provided fur20 ther, That $2,000,000 of the funds appropriated herein,

21 the Secretary of the Army, acting through the Chief of

22 Engineers, is directed to dredge a channel from the mouth

23 of Wheeling Creek to Tunnel Green Park in Wheeling,

24 West Virginia.
9

S 1171 PCS

1 REGULATORY PROGRAM

2 For expenses necessary for administration of laws

3 pertaining to regulation of navigable waters and wetlands,

4 $128,000,000, to remain available until expended.

5 FORMERLY UTILIZED SITES REMEDIAL ACTION

6 PROGRAM

7 For expenses necessary to clean up contamination

8 from sites throughout the United States resulting from

9 work performed as part of the Nation’s early atomic en10 ergy program, $140,000,000, to remain available until ex11 pended.

12 GENERAL EXPENSES

13 For expenses necessary for general administration

14 and related functions in the Office of the Chief of Engi15 neers and offices of the Division Engineers; activities of

16 the Coastal Engineering Research Board, the Humphreys

17 Engineer Center Support Activity, the Water Resources

18 Support Center, and headquarters support functions at

19 the USACE Finance Center, $153,000,000, to remain

20 available until expended: Provided, That no part of any

21 other appropriation provided in title I of this Act shall

22 be available to fund the activities of the Office of the Chief

23 of Engineers or the executive direction and management

24 activities of the division offices.
10

S 1171 PCS

1 ADMINISTRATIVE PROVISIONS

2 Appropriations in this title shall be available for offi3 cial reception and representation expenses (not to exceed

4 $5,000); and during the current fiscal year the Revolving

5 Fund, Corps of Engineers, shall be available for purchase

6 (not to exceed 100 for replacement only) and hire of pas7 senger motor vehicles.

8 GENERAL PROVISIONS

9 CORPS OF ENGINEERS—CIVIL

10 SEC. 101. Agreements proposed for execution by the

11 Assistant Secretary of the Army for Civil Works or the

12 United States Army Corps of Engineers after the date of

13 the enactment of this Act pursuant to section 4 of the

14 Rivers and Harbor Act of 1915, Public Law 64–291; sec15 tion 11 of the River and Harbor Act of 1925, Public Law

16 68–585; the Civil Functions Appropriations Act, 1936,

17 Public Law 75–208; section 215 of the Flood Control Act

18 of 1968, as amended, Public Law 90–483; sections 104,

19 203, and 204 of the Water Resources Development Act

20 of 1986, as amended (Public Law 99–662); section 206

21 of the Water Resources Development Act of 1992, as

22 amended, Public Law 102–580; section 211 of the Water

23 Resources Development Act of 1996, Public Law 104–

24 303, and any other specific project authority, shall be lim25 ited to credits and reimbursements per project not to ex-
11

S 1171 PCS

1 ceed $10,000,000 in each fiscal year, and total credits and

2 reimbursements for all applicable projects not to exceed

3 $50,000,000 in each fiscal year.

4 SEC. 102. ST. GEORGES BRIDGE, DELAWARE. None

5 of the funds made available in this Act may be used to

6 carry out any activity relating to closure or removal of

7 the St. Georges Bridge across the Intracoastal Waterway,

8 Delaware River to Chesapeake Bay, Delaware and Mary9 land, including a hearing or any other activity relating to

10 preparation of an environmental impact statement con11 cerning the closure or removal.

12 SEC. 103. The Secretary may not expend funds to

13 accelerate the schedule to finalize the Record of Decision

14 for the revision of the Missouri River Master Water Con15 trol Manual and any associated changes to the Missouri

16 River Annual Operating Plan.

17 TITLE II

18 DEPARTMENT OF THE INTERIOR

19 CENTRAL UTAH PROJECT

20 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

21 For carrying out activities authorized by the Central

22 Utah Project Completion Act, $34,918,000, to remain

23 available until expended, of which $10,749,000 shall be

24 deposited into the Utah Reclamation Mitigation and Con25 servation Account of the Central Utah Project Completion
12

S 1171 PCS

1 Act and shall be available to carry out activities authorized

2 under that Act.

3 In addition, for necessary expenses incurred in car4 rying out related responsibilities of the Secretary of the

5 Interior, $1,310,000, to remain available until expended.

6 BUREAU OF RECLAMATION

7 The following appropriations shall be expended to

8 execute authorized functions of the Bureau of Reclama9 tion:

10 WATER AND RELATED RESOURCES

11 (INCLUDING TRANSFER OF FUNDS)

12 For management, development, and restoration of

13 water and related natural resources and for related activi14 ties, including the operation, maintenance and rehabilita15 tion of reclamation and other facilities, participation in

16 fulfilling related Federal responsibilities to Native Ameri17 cans, and related grants to, and cooperative and other

18 agreements with, State and local governments, Indian

19 tribes, and others, $732,496,000, to remain available until

20 expended, of which $14,649,000 shall be available for

21 transfer to the Upper Colorado River Basin Fund and

22 $31,442,000 shall be available for transfer to the Lower

23 Colorado River Basin Development Fund; of which such

24 amounts as may be necessary may be advanced to the Col25 orado River Dam Fund; of which $8,000,000 shall be for

26 on-reservation water development, feasibility studies, and
13

S 1171 PCS

1 related administrative costs under Public Law 106–163;

2 of which not more than 25 percent of the amount provided

3 for drought emergency assistance may be used for finan4 cial assistance for the preparation of cooperative drought

5 contingency plans under title II of Public Law 102–250;

6 and of which not more than $500,000 is for high priority

7 projects which shall be carried out by the Youth Conserva8 tion Corps, as authorized by 16 U.S.C. 1706: Provided,

9 That such transfers may be increased or decreased within

10 the overall appropriation under this heading: Provided fur11 ther, That of the total appropriated, the amount for pro12 gram activities that can be financed by the Reclamation

13 Fund or the Bureau of Reclamation special fee account

14 established by 16 U.S.C. 460l–6a(i) shall be derived from

15 that Fund or account: Provided further, That funds con16 tributed under 43 U.S.C. 395 are available until expended

17 for the purposes for which contributed: Provided further,

18 That funds advanced under 43 U.S.C. 397a shall be cred19 ited to this account and are available until expended for

20 the same purposes as the sums appropriated under this

21 heading: Provided further, That funds available for ex22 penditure for the Departmental Irrigation Drainage Pro23 gram may be expended by the Bureau of Reclamation for

24 site remediation on a non-reimbursable basis: Provided

25 further, That section 301 of Public Law 102–250, Rec-
14

S 1171 PCS

1 lamation States Emergency Drought Relief Act of 1991,

2 as amended, is amended further by inserting ‘‘2001, and

3 2002’’ in lieu of ‘‘and 2001’’: Provided further, That the

4 amount authorized for Indian municipal, rural, and indus5 trial water features by section 10 of Public Law 89–108,

6 as amended by section 8 of Public Law 99–294, section

7 1701(b) of Public Law 102–575, Public Law 105–245,

8 and Public Law 106–60 is increased by $2,000,000 (Octo9 ber 1998 prices).

10 BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

11 For the cost of direct loans and/or grants,

12 $7,215,000, to remain available until expended, as author13 ized by the Small Reclamation Projects Act of August 6,

14 1956, as amended (43 U.S.C. 422a–422l): Provided, That

15 such costs, including the cost of modifying such loans,

16 shall be as defined in section 502 of the Congressional

17 Budget Act of 1974, as amended: Provided further, That

18 these funds are available to subsidize gross obligations for

19 the principal amount of direct loans not to exceed

20 $26,000,000.

21 In addition, for administrative expenses necessary to

22 carry out the program for direct loans and/or grants,

23 $280,000, to remain available until expended: Provided,

24 That of the total sums appropriated, the amount of pro25 gram activities that can be financed by the Reclamation

26 Fund shall be derived from that Fund.
15

S 1171 PCS

1 CENTRAL VALLEY PROJECT RESTORATION FUND

2 For carrying out the programs, projects, plans, and

3 habitat restoration, improvement, and acquisition provi4 sions of the Central Valley Project Improvement Act,

5 $55,039,000, to be derived from such sums as may be col6 lected in the Central Valley Project Restoration Fund pur7 suant to sections 3407(d), 3404(c)(3), 3405(f), and

8 3406(c)(1) of Public Law 102–575, to remain available

9 until expended: Provided, That the Bureau of Reclamation

10 is directed to assess and collect the full amount of the

11 additional mitigation and restoration payments authorized

12 by section 3407(d) of Public Law 102–575.

13 POLICY AND ADMINISTRATION

14 For necessary expenses of policy, administration, and

15 related functions in the office of the Commissioner, the

16 Denver office, and offices in the five regions of the Bureau

17 of Reclamation, to remain available until expended,

18 $52,968,000, to be derived from the Reclamation Fund

19 and be nonreimbursable as provided in 43 U.S.C. 377:

20 Provided, That no part of any other appropriation in this

21 Act shall be available for activities or functions budgeted

22 as policy and administration expenses.

23 ADMINISTRATIVE PROVISION

24 Appropriations for the Bureau of Reclamation shall

25 be available for purchase of not to exceed four passenger

26 motor vehicles for replacement only.
16

S 1171 PCS

1 GENERAL PROVISIONS

2 DEPARTMENT OF THE INTERIOR

3 SEC. 201. None of the funds appropriated or other4 wise made available by this or any other Act may be used

5 to pay the salaries and expenses of personnel to purchase

6 or lease water in the Middle Rio Grande or the Carlsbad

7 Projects in New Mexico unless said purchase or lease is

8 in compliance with the purchase requirements of section

9 202 of Public Law 106–60.

10 SEC. 202. Funds under this title for Drought Emer11 gency Assistance shall be made available primarily for

12 leasing of water for specified drought related purposes

13 from willing lessors, in compliance with existing State laws

14 and administered under State water priority allocation.

15 Such leases may be entered into with an option to pur16 chase: Provided, That such purchase is approved by the

17 State in which the purchase takes place and the purchase

18 does not cause economic harm within the State in which

19 the purchase is made.

20 SEC. 203. The Secretary of the Interior is authorized

21 and directed to use not to exceed $1,000,000 of the funds

22 appropriated under title II to refund amounts received by

23 the United States as payments for charges assessed by

24 the Secretary prior to January 1, 1994 for failure to file

25 certain certification or reporting forms prior to the receipt
17

S 1171 PCS

1 of irrigation water, pursuant to sections 206 and 224(c)

2 of the Reclamation Reform Act of 1982 (96 Stat. 1226,

3 1272; 43 U.S.C. 390ff, 390ww(c)), including the amount

4 of associated interest assessed by the Secretary and paid

5 to the United States pursuant to section 224(i) of the Rec6 lamation Reform Act of 1982 (101 Stat. 1330–268; 43

7 U.S.C. 390ww(i)).

8 TITLE III

9 DEPARTMENT OF ENERGY

10 ENERGY PROGRAMS

11 ENERGY SUPPLY

12 For Department of Energy expenses including the

13 purchase, construction and acquisition of plant and capital

14 equipment, and other expenses necessary for energy sup15 ply, and uranium supply and enrichment activities in car16 rying out the purposes of the Department of Energy Orga17 nization Act (42 U.S.C. 7101 et seq.), including the acqui18 sition or condemnation of any real property or any facility

19 or for plant or facility acquisition, construction, or expan20 sion; and the purchase of not to exceed 17 passenger

21 motor vehicles for replacement only, $736,139,000 to re22 main available until expended.

23 NON-DEFENSE ENVIRONMENTAL MANAGEMENT

24 For Department of Energy expenses, including the

25 purchase, construction and acquisition of plant and capital
18

S 1171 PCS

1 equipment and other expenses necessary for non-defense

2 environmental management activities in carrying out the

3 purposes of the Department of Energy Organization Act

4 (42 U.S.C. 7101 et seq.), including the acquisition or con5 demnation of any real property or any facility or for plant

6 or facility acquisition, construction or expansion,

7 $228,553,000, to remain available until expended.

8 URANIUM FACILITIES MAINTENANCE AND REMEDIATION

9 (INCLUDING TRANSFER OF FUNDS)

10 For necessary expenses to maintain, decontaminate,

11 decommission, and otherwise remediate uranium proc12 essing facilities, $408,725,000, of which $287,941,000

13 shall be derived from the Uranium Enrichment Decon14 tamination and Decommissioning Fund, all of which shall

15 remain available until expended.

16 SCIENCE

17 For Department of Energy expenses including the

18 purchase, construction and acquisition of plant and capital

19 equipment, and other expenses necessary for science ac20 tivities in carrying out the purposes of the Department

21 of Energy Organization Act (42 U.S.C. 7101 et seq.), in22 cluding the acquisition or condemnation of any real prop23 erty or facility or for plant or facility acquisition, construc24 tion, or expansion, and purchase of not to exceed 25 pas-
19

S 1171 PCS

1 senger motor vehicles for replacement only,

2 $3,268,816,000, to remain available until expended.

3 NUCLEAR WASTE DISPOSAL

4 For nuclear waste disposal activities to carry out the

5 purposes of Public Law 97–425, as amended, including

6 the acquisition of real property or facility construction or

7 expansion, $25,000,000, to remain available until ex8 pended and to be derived from the Nuclear Waste Fund:

9 Provided, That $2,500,000 shall be provided to the State

10 of Nevada solely for expenditures, other than salaries and

11 expenses of State employees, to conduct scientific over12 sight responsibilities pursuant to the Nuclear Waste Policy

13 Act of 1982, Public Law 97–425, as amended: Provided

14 further, That $6,000,000 shall be provided to affected

15 units of local governments, as defined in Public Law 97–

16 425, to conduct appropriate activities pursuant to the Act:

17 Provided further, That the distribution of the funds as de18 termined by the units of local government shall be ap19 proved by the Department of Energy: Provided further,

20 That the funds for the State of Nevada shall be made

21 available solely to the Nevada Division of Emergency Man22 agement by direct payment and units of local government

23 by direct payment: Provided further, That within 90 days

24 of the completion of each Federal fiscal year, the Nevada

25 Division of Emergency Management and the Governor of
20

S 1171 PCS

1 the State of Nevada and each local entity shall provide

2 certification to the Department of Energy that all funds

3 expended from such payments have been expended for ac4 tivities authorized by Public Law 97–425 and this Act.

5 Failure to provide such certification shall cause such enti6 ty to be prohibited from any further funding provided for

7 similar activities: Provided further, That none of the funds

8 herein appropriated may be: (1) used directly or indirectly

9 to influence legislative action on any matter pending be10 fore Congress or a State legislature or for lobbying activity

11 as provided in 18 U.S.C. 1913; (2) used for litigation ex12 penses; or (3) used to support multi-State efforts or other

13 coalition building activities inconsistent with the restric14 tions contained in this Act: Provided further, That all pro15 ceeds and recoveries by the Secretary in carrying out ac16 tivities authorized by the Nuclear Waste Policy Act of

17 1982 in Public Law 97–425, as amended, including but

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

19 be available without further appropriation and shall re20 main available until expended.

21 DEPARTMENTAL ADMINISTRATION

22 For salaries and expenses of the Department of En23 ergy necessary for departmental administration in car24 rying out the purposes of the Department of Energy Orga25 nization Act (42 U.S.C. 7101 et seq.), including the hire
21

S 1171 PCS

1 of passenger motor vehicles and official reception and rep2 resentation expenses (not to exceed $35,000),

3 $208,948,000, to remain available until expended, plus

4 such additional amounts as necessary to cover increases

5 in the estimated amount of cost of work for others not6 withstanding the provisions of the Anti-Deficiency Act (31

7 U.S.C. 1511 et seq.): Provided, That such increases in cost

8 of work are offset by revenue increases of the same or

9 greater amount, to remain available until expended: Pro10 vided further, That moneys received by the Department

11 for miscellaneous revenues estimated to total

12 $137,810,000 in fiscal year 2002 may be retained and

13 used for operating expenses within this account, and may

14 remain available until expended, as authorized by section

15 201 of Public Law 95–238, notwithstanding the provisions

16 of 31 U.S.C. 3302: Provided further, That the sum herein

17 appropriated shall be reduced by the amount of miscella18 neous revenues received during fiscal year 2002 so as to

19 result in a final fiscal year 2002 appropriation from the

20 General Fund estimated at not more than $71,138,000.

21 OFFICE OF THE INSPECTOR GENERAL

22 For necessary expenses of the Office of the Inspector

23 General in carrying out the provisions of the Inspector

24 General Act of 1978, as amended, $30,000,000, to remain

25 available until expended.
22

S 1171 PCS

1 ATOMIC ENERGY DEFENSE ACTIVITIES

2 NATIONAL NUCLEAR SECURITY ADMINISTRATION

3 WEAPONS ACTIVITIES

4 For Department of Energy expenses, including the

5 purchase, construction and acquisition of plant and capital

6 equipment and other incidental expenses necessary for

7 atomic energy defense weapons activities in carrying out

8 the purposes of the Department of Energy Organization

9 Act (42 U.S.C. 7101 et seq.), including the acquisition or

10 condemnation of any real property or any facility or for

11 plant or facility acquisition, construction, or expansion;

12 and the purchase of passenger motor vehicles (not to ex13 ceed 11 for replacement only), $6,062,891,000, to remain

14 available until expended.

15 DEFENSE NUCLEAR NONPROLIFERATION

16 For Department of Energy expenses, including the

17 purchase, construction and acquisition of plant and capital

18 equipment and other incidental expenses necessary for

19 atomic energy defense, Defense Nuclear Nonproliferation

20 activities, in carrying out the purposes of the Department

21 of Energy Organization Act (42 U.S.C. 7101 et seq.), in22 cluding the acquisition or condemnation of any real prop23 erty or any facility or for plant or facility acquisition, con24 struction, or expansion, $880,500,000, to remain available

25 until expended: Provided, That not to exceed $7,000 may

26 be used for official reception and representation expenses
23

S 1171 PCS

1 for national security and nonproliferation (including trans2 parency) activities in fiscal year 2002.

3 NAVAL REACTORS

4 For Department of Energy expenses necessary for

5 naval reactors activities to carry out the Department of

6 Energy Organization Act (42 U.S.C. 7101 et seq.), includ7 ing the acquisition (by purchase, condemnation, construc8 tion, or otherwise) of real property, plant, and capital

9 equipment, facilities, and facility expansion,

10 $688,045,000, to remain available until expended.

11 OFFICE OF THE ADMINISTRATOR

12 For necessary expenses of the Office of the Adminis13 trator of the National Nuclear Security Administration,

14 including official reception and representation expenses

15 (not to exceed $15,000), $15,000,000, to remain available

16 until expended.

17 OTHER DEFENSE RELATED ACTIVITIES

18 DEFENSE ENVIRONMENTAL RESTORATION AND WASTE

19 MANAGEMENT

20 For Department of Energy expenses, including the

21 purchase, construction and acquisition of plant and capital

22 equipment and other expenses necessary for atomic energy

23 defense environmental restoration and waste management

24 activities in carrying out the purposes of the Department

25 of Energy Organization Act (42 U.S.C. 7101 et seq.), in26 cluding the acquisition or condemnation of any real prop-
24

S 1171 PCS

1 erty or any facility or for plant or facility acquisition, con2 struction, or expansion; and the purchase of 30 passenger

3 motor vehicles, of which 27 shall be for replacement only,

4 $5,389,868,000, to remain available until expended.

5 DEFENSE FACILITIES CLOSURE PROJECTS

6 For expenses of the Department of Energy to accel7 erate the closure of defense environmental management

8 sites, including the purchase, construction and acquisition

9 of plant and capital equipment and other necessary ex10 penses, $1,080,538,000, to remain available until ex11 pended.

12 DEFENSE ENVIRONMENTAL MANAGEMENT

13 PRIVATIZATION

14 For Department of Energy expenses for privatization

15 projects necessary for atomic energy defense environ16 mental management activities authorized by the Depart17 ment of Energy Organization Act (42 U.S.C. 7101 et

18 seq.), $157,537,000, to remain available until expended.

19 OTHER DEFENSE ACTIVITIES

20 For Department of Energy expenses, including the

21 purchase, construction and acquisition of plant and capital

22 equipment and other expenses necessary for atomic energy

23 defense, other defense activities, in carrying out the pur24 poses of the Department of Energy Organization Act (42

25 U.S.C. 7101 et seq.), including the acquisition or con-
25

S 1171 PCS

1 demnation of any real property or any facility or for plant

2 or facility acquisition, construction, or expansion,

3 $564,168,000, to remain available until expended.

4 DEFENSE NUCLEAR WASTE DISPOSAL

5 For nuclear waste disposal activities to carry out the

6 purposes of Public Law 97–425, as amended, including

7 the acquisition of real property or facility construction or

8 expansion, $250,000,000, to remain available until ex9 pended.

10 POWER MARKETING ADMINISTRATIONS

11 BONNEVILLE POWER ADMINISTRATION FUND

12 Expenditures from the Bonneville Power Administra13 tion Fund, established pursuant to Public Law 93–454,

14 are approved for official reception and representation ex15 penses in an amount not to exceed $1,500. For the pur16 poses of appropriating funds to assist in financing the con17 struction, acquisition, and replacement of the transmission

18 system of the Bonneville Power Administration up to

19 $2,000,000,000 in borrowing authority is authorized to be

20 appropriated, subject to subsequent annual appropria21 tions, to remain outstanding at any given time: Provided,

22 That the obligation of such borrowing authority shall not

23 exceed $0 in fiscal year 2002 and that the Bonneville

24 Power Administration shall not obligate more than
26

S 1171 PCS

1 $374,500,000 of its permanent borrowing in fiscal year

2 2002.

3 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

4 ADMINISTRATION

5 For necessary expenses of operation and maintenance

6 of power transmission facilities and of marketing electric

7 power and energy, including transmission wheeling and

8 ancillary services, pursuant to the provisions of section 5

9 of the Flood Control Act of 1944 (16 U.S.C. 825s), as

10 applied to the southeastern power area, $4,891,000, to re11 main available until expended; in addition, notwith12 standing the provisions of 31 U.S.C. 3302, up to

13 $8,000,000 collected by the Southeastern Power Adminis14 tration pursuant to the Flood Control Act to recover pur15 chase power and wheeling expenses shall be credited to

16 this account as offsetting collections, to remain available

17 until expended for the sole purpose of making purchase

18 power and wheeling expenditures.

19 OPERATION AND MAINTENANCE, SOUTHWESTERN

20 POWER ADMINISTRATION

21 For necessary expenses of operation and maintenance

22 of power transmission facilities and of marketing electric

23 power and energy, and for construction and acquisition of

24 transmission lines, substations and appurtenant facilities,

25 and for administrative expenses, including official recep-
27

S 1171 PCS

1 tion and representation expenses in an amount not to ex2 ceed $1,500 in carrying out the provisions of section 5

3 of the Flood Control Act of 1944 (16 U.S.C. 825s), as

4 applied to the southwestern power area, $28,038,000, to

5 remain available until expended; in addition, notwith6 standing the provisions of 31 U.S.C. 3302, not to exceed

7 $5,200,000 in reimbursements, to remain available until

8 expended: Provided, That up to $1,512,000 collected by

9 the Southwestern Power Administration pursuant to the

10 Flood Control Act to recover purchase power and wheeling

11 expenses shall be credited to this account as offsetting col12 lections, to remain available until expended for the sole

13 purpose of making purchase power and wheeling expendi14 tures.

15 CONSTRUCTION, REHABILITATION, OPERATION AND

16 MAINTENANCE, WESTERN AREA POWER ADMINISTRATION

17 For carrying out the functions authorized by title III,

18 section 302(a)(1)(E) of the Act of August 4, 1977 (42

19 U.S.C. 7152), and other related activities including con20 servation and renewable resources programs as author21 ized, including official reception and representation ex22 penses in an amount not to exceed $1,500, $169,465,000,

23 to remain available until expended, of which $163,951,000

24 shall be derived from the Department of the Interior Rec25 lamation Fund: Provided, That of the amount herein ap26 propriated, $6,091,000 is for deposit into the Utah Rec-
28

S 1171 PCS

1 lamation Mitigation and Conservation Account pursuant

2 to title IV of the Reclamation Projects Authorization and

3 Adjustment Act of 1992: Provided further, That up to

4 $152,624,000 collected by the Western Area Power Ad5 ministration pursuant to the Flood Control Act of 1944

6 and the Reclamation Project Act of 1939 to recover pur7 chase power and wheeling expenses shall be credited to

8 this account as offsetting collections, to remain available

9 until expended for the sole purpose of making purchase

10 power and wheeling expenditures.

11 FALCON AND AMISTAD OPERATING AND MAINTENANCE

12 FUND

13 For operation, maintenance, and emergency costs for

14 the hydroelectric facilities at the Falcon and Amistad

15 Dams, $2,663,000, to remain available until expended,

16 and to be derived from the Falcon and Amistad Operating

17 and Maintenance Fund of the Western Area Power Ad18 ministration, as provided in section 423 of the Foreign

19 Relations Authorization Act, Fiscal Years 1994 and 1995.

20 FEDERAL ENERGY REGULATORY COMMISSION

21 SALARIES AND EXPENSES

22 For necessary expenses of the Federal Energy Regu23 latory Commission to carry out the provisions of the De24 partment of Energy Organization Act (42 U.S.C. 7101 et

25 seq.), including services as authorized by 5 U.S.C. 3109,
29

S 1171 PCS

1 the hire of passenger motor vehicles, and official reception

2 and representation expenses (not to exceed $3,000),

3 $181,155,000, to remain available until expended: Pro4 vided, That notwithstanding any other provision of law,

5 not to exceed $181,155,000 of revenues from fees and an6 nual charges, and other services and collections in fiscal

7 year 2002 shall be retained and used for necessary ex8 penses in this account, and shall remain available until

9 expended: Provided further, That the sum herein appro10 priated from the General Fund shall be reduced as reve11 nues are received during fiscal year 2002 so as to result

12 in a final fiscal year 2002 appropriation from the General

13 Fund estimated at not more than $0.

14 GENERAL PROVISIONS

15 DEPARTMENT OF ENERGY

16 SEC. 301. (a) None of the funds appropriated by this

17 Act may be used to award a management and operating

18 contract unless such contract is awarded using competitive

19 procedures or the Secretary of Energy grants, on a case20 by-case basis, a waiver to allow for such a deviation. The

21 Secretary may not delegate the authority to grant such

22 a waiver.

23 (b) At least 60 days before a contract award, amend24 ment, or modification for which the Secretary intends to

25 grant such a waiver, the Secretary shall submit to the
30

S 1171 PCS

1 Subcommittees on Energy and Water Development of the

2 Committees on Appropriations of the House of Represent3 atives and the Senate a report notifying the subcommit4 tees of the waiver and setting forth the reasons for the

5 waiver.

6 SEC. 302. None of the funds appropriated by this Act

7 may be used to—

8 (1) develop or implement a workforce restruc9 turing plan that covers employees of the Department

10 of Energy; or

11 (2) provide enhanced severance payments or

12 other benefits for employees of the Department of

13 Energy,

14 under section 3161 of the National Defense Authorization

15 Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat.

16 2644; 42 U.S.C. 7274h).

17 SEC. 303. None of the funds appropriated by this Act

18 may be used to augment the $20,000,000 made available

19 for obligation by this Act for severance payments and

20 other benefits and community assistance grants under sec21 tion 3161 of the National Defense Authorization Act for

22 Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2644;

23 42 U.S.C. 7274h) unless the Department of Energy sub24 mits a reprogramming request subject to approval by the

25 appropriate Congressional committees.
31

S 1171 PCS

1 SEC. 304. None of the funds appropriated by this Act

2 may be used to prepare or initiate Requests For Proposals

3 (RFPs) for a program if the program has not been funded

4 by Congress.

5 (TRANSFERS OF UNEXPENDED BALANCES)

6 SEC. 305. The unexpended balances of prior appro7 priations provided for activities in this Act may be trans8 ferred to appropriation accounts for such activities estab9 lished pursuant to this title. Balances so transferred may

10 be merged with funds in the applicable established ac11 counts and thereafter may be accounted for as one fund

12 for the same time period as originally enacted.

13 SEC. 306. Of the funds in this Act or any other Act

14 provided to government-owned, contractor-operated lab15 oratories, not to exceed 6 percent shall be available to be

16 used for Laboratory Directed Research and Development.

17 SEC. 307. None of the funds in this Act may be used

18 to dispose of transuranic waste in the Waste Isolation

19 Pilot Plant which contains concentrations of plutonium in

20 excess of 20 percent by weight for the aggregate of any

21 material category on the date of enactment of this Act,

22 or is generated after such date. For the purposes of this

23 section, the material categories of transuranic waste at the

24 Rocky Flats Environmental Technology Site include: (1)

25 ash residues; (2) salt residues; (3) wet residues; (4) direct

26 repackage residues; and (5) scrub alloy as referenced in
32

S 1171 PCS

1 the ‘‘Final Environmental Impact Statement on Manage2 ment of Certain Plutonium Residues and Scrub Alloy

3 Stored at the Rocky Flats Environmental Technology

4 Site’’.

5 SEC. 308. The Administrator of the National Nuclear

6 Security Administration may authorize the plant manager

7 of a covered nuclear weapons production plant to engage

8 in research, development, and demonstration activities

9 with respect to the engineering and manufacturing capa10 bilities at such plant in order to maintain and enhance

11 such capabilities at such plant: Provided, That of the

12 amount allocated to a covered nuclear weapons production

13 plant each fiscal year from amounts available to the De14 partment of Energy for such fiscal year for national secu15 rity programs, not more than an amount equal to 2 per16 cent of such amount may be used for these activities: Pro17 vided further, That for purposes of this section, the term

18 ‘‘covered nuclear weapons production plant’’ means the

19 following:

20 (1) The Kansas City Plant, Kansas City, Mis21 souri.

22 (2) The Y–12 Plant, Oak Ridge, Tennessee.

23 (3) The Pantex Plant, Amarillo, Texas.

24 (4) The Savannah River Plant, South Carolina.
33

S 1171 PCS

1 SEC. 309. Notwithstanding any other law, and with2 out fiscal year limitation, each Federal Power Marketing

3 Administration is authorized to engage in activities and

4 solicit, undertake and review studies and proposals relat5 ing to the formation and operation of a regional trans6 mission organization.

7 SEC. 310. The Administrator of the National Nuclear

8 Security Administration may authorize the manager of the

9 Nevada Operations Office to engage in research, develop10 ment, and demonstration activities with respect to the de11 velopment, test, and evaluation capabilities necessary for

12 operations and readiness of the Nevada Test Site: Pro13 vided, That of the amount allocated to the Nevada Oper14 ations Office each fiscal year from amounts available to

15 the Department of Energy for such fiscal year for national

16 security programs at the Nevada Test Site, not more than

17 an amount equal to 2 percent of such amount may be used

18 for these activities.

19 SEC. 311. DEPLETED URANIUM HEXAFLUORIDE.

20 Section 1 of Public Law 105–204 is amended in sub21 section (b)—

22 (1) by inserting ‘‘except as provided in sub23 section (c),’’ after ‘‘1321–349),’’; and

24 (2) by striking ‘‘fiscal year 2002’’ and inserting

25 ‘‘fiscal year 2005’’.
34

S 1171 PCS

1 TITLE IV

2 INDEPENDENT AGENCIES

3 APPALACHIAN REGIONAL COMMISSION

4 For expenses necessary to carry out the programs au5 thorized by the Appalachian Regional Development Act of

6 1965, as amended, notwithstanding section 405 of said

7 Act and for necessary expenses for the Federal Co-Chair8 man and the alternate on the Appalachian Regional Com9 mission, for payment of the Federal share of the adminis10 trative expenses of the Commission, including services as

11 authorized by 5 U.S.C. 3109, and hire of passenger motor

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

13 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

14 SALARIES AND EXPENSES

15 For necessary expenses of the Defense Nuclear Fa16 cilities Safety Board in carrying out activities authorized

17 by the Atomic Energy Act of 1954, as amended by Public

18 Law 100–456, section 1441, $18,500,000, to remain

19 available until expended.

20 DELTA REGIONAL AUTHORITY

21 SALARIES AND EXPENSES

22 For necessary expenses of the Delta Regional Author23 ity and to carry out its activities, as authorized by the

24 Delta Regional Authority Act of 2000, $20,000,000, to re25 main available until expended.
35

S 1171 PCS

1 DENALI COMMISSION

2 For expenses of the Denali Commission including the

3 purchase, construction and acquisition of plant and capital

4 equipment as necessary and other expenses, $40,000,000,

5 to remain available until expended.

6 NUCLEAR REGULATORY COMMISSION

7 SALARIES AND EXPENSES

8 For necessary expenses of the Commission in car9 rying out the purposes of the Energy Reorganization Act

10 of 1974, as amended, and the Atomic Energy Act of 1954,

11 as amended, including official representation expenses

12 (not to exceed $15,000), and purchase of promotional

13 items for use in the recruitment of individuals for employ14 ment, $516,900,000, to remain available until expended:

15 Provided, That of the amount appropriated herein,

16 $23,650,000 shall be derived from the Nuclear Waste

17 Fund: Provided further, That revenues from licensing fees,

18 inspection services, and other services and collections esti19 mated at $468,248,000 in fiscal year 2002 shall be re20 tained and used for necessary salaries and expenses in this

21 account, notwithstanding 31 U.S.C. 3302, and shall re22 main available until expended: Provided further, That,

23 $700,000 of the funds herein appropriated for regulatory

24 reviews and other assistance to Federal agencies and

25 States shall be excluded from license fee revenues, not-
36

S 1171 PCS

1 withstanding 42 U.S.C. 2214: Provided further, That the

2 sum herein appropriated shall be reduced by the amount

3 of revenues received during fiscal year 2002 so as to result

4 in a final fiscal year 2002 appropriation estimated at not

5 more than $43,652,000: Provided further, That, notwith6 standing any other provision of law, no funds made avail7 able under this or any other Act may be expended by the

8 Commission to implement or enforce 10 C.F.R. Part 35,

9 as adopted by the Commission on October 23, 2000.

10 OFFICE OF INSPECTOR GENERAL

11 For necessary expenses of the Office of Inspector

12 General in carrying out the provisions of the Inspector

13 General Act of 1978, as amended, $5,500,000, to remain

14 available until expended: Provided, That revenues from li15 censing fees, inspection services, and other services and

16 collections estimated at $5,432,000 in fiscal year 2002

17 shall be retained and be available until expended, for nec18 essary salaries and expenses in this account notwith19 standing 31 U.S.C. 3302: Provided further, That the sum

20 herein appropriated shall be reduced by the amount of rev21 enues received during fiscal year 2002 so as to result in

22 a final fiscal year 2002 appropriation estimated at not

23 more than $68,000.
37

S 1171 PCS

1 NUCLEAR WASTE TECHNICAL REVIEW BOARD

2 SALARIES AND EXPENSES

3 For necessary expenses of the Nuclear Waste Tech4 nical Review Board, as authorized by Public Law 100–

5 203, section 5051, $3,500,000, to be derived from the Nu6 clear Waste Fund, and to remain available until expended.

7 TITLE V

8 GENERAL PROVISIONS

9 SEC. 501. None of the funds appropriated by this Act

10 may be used in any way, directly or indirectly, to influence

11 congressional action on any legislation or appropriation

12 matters pending before Congress, other than to commu13 nicate to Members of Congress as described in section

14 1913 of title 18, United States Code.

15 SEC. 502. (a) PURCHASE OF AMERICAN-MADE

16 EQUIPMENT AND PRODUCTS.—It is the sense of the Con17 gress that, to the greatest extent practicable, all equip18 ment and products purchased with funds made available

19 in this Act should be American-made.

20 (b) NOTICE REQUIREMENT.—In providing financial

21 assistance to, or entering into any contract with, any enti22 ty using funds made available in this Act, the head of each

23 Federal agency, to the greatest extent practicable, shall

24 provide to such entity a notice describing the statement

25 made in subsection (a) by the Congress.
38

S 1171 PCS

1 (c) PROHIBITION OF CONTRACTS WITH PERSONS

2 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

3 If it has been finally determined by a court or Federal

4 agency that any person intentionally affixed a label bear5 ing a ‘‘Made in America’’ inscription, or any inscription

6 with the same meaning, to any product sold in or shipped

7 to the United States that is not made in the United

8 States, the person shall be ineligible to receive any con9 tract or subcontract made with funds made available in

10 this Act, pursuant to the debarment, suspension, and ineli11 gibility procedures described in sections 9.400 through

12 9.409 of title 48, Code of Federal Regulations.

13 This Act may be cited as the ‘‘Energy and Water De14 velopment Appropriations Act, 2002’’.
Calendar No. 79

107TH CONGRESS

1ST SESSION S. 1171

A BILL

Making appropriations for energy and water development for the fiscal year ending September 30,

2002, and for other purposes.

JULY 12, 2001

Read twice and placed on the calendar