IB
Union Calendar No. 61
107TH CONGRESS
1ST SESSION
H. R. 2311
[Report No. 107–112]
Making appropriations for energy and water development for the fiscal year
ending September 30, 2002, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 26, 2001
Mr. CALLAHAN, from the Committee on Appropriations, reported the following
bill; which was committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
A BILL
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 Representa-
tives 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, and for other pur-
poses, namely:
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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 super-
vision of the Chief of Engineers for authorized civil func-
tions of the Department of the Army pertaining to rivers
and harbors, flood control, beach erosion, and related pur-
poses.
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,
$163,260,000, to remain available until expended: Pro-
vided, That the Secretary of the Army, acting through the
Chief of Engineers, is directed to use $1,000,000 of the
funds appropriated herein to continue preconstruction en-
gineering and design of the Murrieta Creek, California,
flood protection and environmental enhancement project
and is further directed to proceed with the project in ac-
cordance with cost sharing established for the Murrieta
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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 pre-
pared under the authority of section 205 of the Flood Con-
trol Act of 1948, as amended, as the basis for the Rock
Creek-Keefer Slough Flood Control Project, Butte Coun-
ty, California, and is further directed to use $200,000 of
the funds appropriated herein for preconstruction engi-
neering and design of the project: Provided further, That
in conducting the Southwest Valley Flood Damage Reduc-
tion Study, Albuquerque, New Mexico, the Secretary of
the Army, acting through the Chief Engineers, shall in-
clude an evaluation of flood damage reduction measures
that would otherwise be excluded from the feasibility anal-
ysis based on policies regarding the frequency of flooding,
the drainage areas, and the amount of runoff.
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 participa-
tion 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 con-
stitute a commitment of the Government to construction),
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$1,671,854,000, to remain available until expended, of
which such sums as are necessary for the Federal share
of construction costs for facilities under the Dredged Ma-
terial 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 nec-
essary 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 wa-
terways projects, including rehabilitation costs for the
Lock and Dam 12, Mississippi River, Iowa; Lock and Dam
24, Mississippi River, Illinois and Missouri; Lock and
Dam 3, Mississippi River, Minnesota; and London Locks
and Dam, 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, $10,000,000;
Indianapolis 
Central 
Waterfront, 
Indiana,
$9,000,000;
Southern and Eastern Kentucky, Kentucky,
$4,000,000;
Clover Fork, City of Cumberland, Town of Mar-
tin, Pike County (including Levisa Fork and Tug
Fork Tributaries), Bell County, Floyd County, Mar-
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tin County, and Harlan County, Kentucky, elements
of the Levisa and Tug Forks of the Big Sandy River
and 
Upper 
Cumberland 
River, 
Kentucky,
$15,450,000: Provided, That $15,000,000 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: Pro-
vided further, That using $1,000,000 of the funds
appropriated herein, the Secretary of the Army, act-
ing through the Chief of Engineers, is directed to
modify the Carr Creek Lake, Kentucky, project at
full Federal expense to provide additional water sup-
ply storage for the Upper Kentucky River Basin:
Provided further, That with $1,200,000 of the funds
appropriated herein, the Secretary of the Army, act-
ing 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
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1999, the Secretary of the Army is directed to in-
crease 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 allo-
cated to the incremental increase in the level of pro-
tection 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.
FLOOD
CONTROL,
MISSISSIPPI
RIVER
AND
TRIBU-
TARIES,
ARKANSAS, ILLINOIS, KENTUCKY, LOU-
ISIANA, 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),
$347,665,000, to remain available until expended.
OPERATION AND MAINTENANCE, GENERAL
For expenses necessary for the preservation, oper-
ation, 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 gen-
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eral commerce and navigation; surveys and charting of
northern and northwestern lakes and connecting waters;
clearing and straightening channels; and removal of ob-
structions to navigation, $1,864,464,000, to remain avail-
able until expended, of which such sums as become avail-
able 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 mainte-
nance of outdoor recreation facilities: Provided, That with
$1,500,000 of the funds appropriated herein, the Sec-
retary 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 Sec-
retary of the Army, acting through the Chief of Engineers,
is directed to use $2,000,000 of the 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 pro-
vide for future use of the basin for compatible purposes
consistent with the Master Plan including recreation and
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environmental restoration: Provided further, That the Sec-
retary of the Army, acting through the Chief of Engineers,
is directed to use $1,000,000 of the funds appropriated
herein to fully investigate the development of an upland
disposal site recycling program on the Black Warrior and
Tombigbee Rivers project and the Apalachicola, Chat-
tahoochee and Flint Rivers 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 im-
plement 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, and flood proofing
of four commercial buildings along Prospect Place and
Union Avenue, and also the buyout of up to three commer-
cial 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-Fed-
eral cost of $3,500,000.
REGULATORY PROGRAM
For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$128,000,000, to remain available until expended.
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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 en-
ergy program, $140,000,000, to remain available until ex-
pended.
GENERAL EXPENSES
For expenses necessary for general administration
and related functions in the Office of the Chief of Engi-
neers and offices of the Division Engineers; activities of
the Humphreys Engineer Center Support Activity, the In-
stitute 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 man-
agement 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 offi-
cial reception and representation expenses (not to exceed
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$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 pas-
senger motor vehicles.
GENERAL PROVISIONS
CORPS OF ENGINEERS—CIVIL
SEC. 101. Section 110(3)(B)(ii) of division B, title
I of Public Law 106–554 is amended by inserting the fol-
lowing before the period: ‘‘: Provided, That the Secretary
shall credit the San Gabriel Water Quality Authority with
the value of all prior expenditures by the non-Federal in-
terests that are compatible with the purposes of this Act’’.
SEC. 102. Except for the historic scheduled mainte-
nance dredging in the Delaware River, none of the funds
appropriated in this Act shall be used to operate the
dredge MCFARLAND other than in active ready reserve
for urgent dredging, emergencies and in support of na-
tional defense.
SEC. 103. (a) The Secretary of the Army, acting
through the Chief of Engineers, is directed to include an
alternatives analysis of a multipurpose Auburn Dam as
a part of the Sacramento District’s current American
River watershed long-term study.
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(b) The project purposes of a multipurpose Auburn
Dam shall include hydropower, water supply, flood control,
and ecosystem restoration.
SEC. 104. (a) CONVEYANCE AUTHORIZED.—The Sec-
retary 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 ap-
proximately 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 satis-
factory to the Secretary.
(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. 105. 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.
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SEC. 106. None of the funds made available in this
Act may be used to revise the Missouri River Master
Water Control Manual when it is made known to the Fed-
eral entity or official to which the funds are made available
that such revision provides for an increase in the spring-
time water release program during the spring heavy rain-
fall and snow melt period in States that have rivers drain-
ing into the Missouri River below the Gavins Point Dam.
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 Con-
servation Account for use by the Utah Reclamation Miti-
gation and Conservation Commission.
In addition, for necessary expenses incurred in car-
rying 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 Reclama-
tion:
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WATER AND RELATED RESOURCES
(INCLUDING TRANSFER OF FUNDS)
For management, development, and restoration of
water and related natural resources and for related activi-
ties, including the operation, maintenance and rehabilita-
tion of reclamation and other facilities, participation in
fulfilling related Federal responsibilities to Native Ameri-
cans, and related grants to, and cooperative and other
agreements with, State and local governments, Indian
tribes, and others, $691,160,000, 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 Col-
orado 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 Conserva-
tion 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 fur-
ther, That of the total appropriated, the amount for pro-
gram activities that can be financed by the Reclamation
Fund or the Bureau of Reclamation special fee account
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established by 16 U.S.C. 460l–6a(i) shall be derived from
that Fund or account: Provided further, That funds con-
tributed 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 cred-
ited to this account and are available until expended for
the same purposes as the sums appropriated under this
heading: Provided further, That funds available for ex-
penditure for the Departmental Irrigation Drainage Pro-
gram 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, Rec-
lamation States Emergency Drought Relief Act of 1991,
as amended, is amended further by inserting ‘‘2001, and
2002’’ in lieu of ‘‘and 2001’’.
BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT
For the cost of direct loans and/or grants,
$7,215,000, to remain available until expended, as author-
ized 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.
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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 pro-
gram 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 provi-
sions of the Central Valley Project Improvement Act,
$55,039,000, to be derived from such sums as may be col-
lected in the Central Valley Project Restoration Fund pur-
suant 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
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Act shall be available for activities or functions budgeted
as policy and administration expenses.
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall
be available for purchase of not to exceed four passenger
motor vehicles for replacement only.
GENERAL PROVISIONS
DEPARTMENT OF THE INTERIOR
SEC. 201. None of the funds 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 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 com-
mercial rafting activities.
SEC. 202. Section 101(a)(6)(C) of the Water Re-
sources Development Act of 1999 (113 Stat. 274) is
amended to read as follows:
‘‘(C) MAKEUP
OF
WATER
SHORTAGES
CAUSED BY FLOOD CONTROL OPERATION.—The
Secretary of the Interior shall enter into, or
modify, such agreements with the Sacramento
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Area Flood Control Agency regarding the oper-
ation of Folsom Dam and Reservoir, as may be
necessary, in order that, notwithstanding any
prior agreement or provision of law, 100 per-
cent 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 to the environ-
ment or to recreation shall be replaced, to the
extent that water is available, as determined by
the Secretary of the Interior, with 100 percent
of the cost of such available water borne by the
Sacramento Area Flood Control Agency.’’.
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 sup-
ply activities in carrying out the purposes of the Depart-
ment 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 acquisi-
tion, construction, or expansion; and the purchase of not
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to exceed 17 passenger motor vehicles for replacement
only, $639,317,000, to remain available until expended.
NON-DEFENSE ENVIRONMENTAL MANAGEMENT
For Department of Energy expenses, including the
purchase, construction and acquisition of plant and capital
equipment and other expenses necessary for non-defense
environmental management activities in carrying out the
purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or con-
demnation of any real property or any facility or for plant
or 
facility 
acquisition, 
construction 
or 
expansion,
$227,872,000, to remain available until expended.
URANIUM FACILITIES MAINTENANCE AND REMEDIATION
For necessary expenses to maintain, decontaminate,
decommission, and otherwise remediate uranium proc-
essing facilities, $393,425,000, of which $272,641,000
shall be derived from the Uranium Enrichment Decon-
tamination 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 ac-
tivities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
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cluding the acquisition or condemnation of any real prop-
erty or facility or for plant or facility acquisition, construc-
tion, or expansion, and purchase of not to exceed 25 pas-
senger 
motor 
vehicles 
for 
replacement 
only,
$3,166,395,000, 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, $133,000,000, to remain available until ex-
pended and to be derived from the Nuclear Waste Fund:
Provided, That not to exceed $2,500,000 may be provided
to the State of Nevada solely for expenditures, other than
salaries and expenses of State employees, to conduct sci-
entific oversight responsibilities pursuant to the Nuclear
Waste Policy Act of 1982, Public Law 97–425, as amend-
ed: Provided further, That $6,000,000 shall be provided
to affected units of local governments, as defined in Public
Law 97–425, to conduct appropriate activities pursuant
to the Act: Provided further, That the distribution of the
funds as determined by the units of local government shall
be approved by the Department of Energy: Provided fur-
ther, That the funds for the State of Nevada shall be made
available solely to the Nevada Division of Emergency Man-
agement by direct payment and units of local government
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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 ac-
tivities authorized by Public Law 97–425 and this Act.
Failure to provide such certification shall cause such enti-
ty 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 be-
fore Congress or a State legislature or for lobbying activity
as provided in 18 U.S.C. 1913; (2) used for litigation ex-
penses; or (3) used to support multi-State efforts or other
coalition building activities inconsistent with the restric-
tions contained in this Act: Provided further, That all pro-
ceeds 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 re-
main available until expended.
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DEPARTMENTAL ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
For salaries and expenses of the Department of En-
ergy necessary for departmental administration in car-
rying out the purposes of the Department of Energy Orga-
nization Act (42 U.S.C. 7101 et seq.), including the hire
of passenger motor vehicles and official reception and rep-
resentation 
expenses 
(not 
to 
exceed 
$35,000),
$209,611,000, to remain available until expended, plus
such additional amounts as necessary to cover increases
in the estimated amount of cost of work for others not-
withstanding 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 of the funds provided to the De-
partment of Energy under title III of Public Law 105–
277 for activities related to achieving Year 2000 conver-
sion of Federal information technology systems and re-
lated expenses, remaining balances, estimated to be
$1,480,000, may be transferred to this account, and shall
remain available until expended, for continuation of infor-
mation technology enhancement activities: Provided fur-
ther, That moneys received by the Department for mis-
cellaneous revenues estimated to total $137,810,000 in
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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 es-
timated at not more than $71,801,000.
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.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY
ADMINISTRATON
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
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plant or facility acquisition, construction, or expansion;
and the purchase of not to exceed 11 passenger motor ve-
hicles for replacement only, $5,123,888,000, 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.), in-
cluding the acquisition or condemnation of any real prop-
erty or any facility or for plant or facility acquisition, con-
struction, or expansion, $845,341,000, 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.), includ-
ing the acquisition (by purchase, condemnation, construc-
tion, or otherwise) of real property, plant, and capital
equipment, 
facilities, 
and 
facility 
expansion,
$688,045,000, to remain available until expended.
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OFFICE OF THE ADMINISTRATOR
For necessary expenses of the Office of the Adminis-
trator of the National Nuclear Security Administration,
including official reception and representation expenses
(not to exceed $12,000), $10,000,000, 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.), in-
cluding the acquisition or condemnation of any real prop-
erty or any facility or for plant or facility acquisition, con-
struction, or expansion; and the purchase of not to exceed
30 passenger motor vehicles, of which 27 shall be for re-
placement only, $5,174,539,000, to remain available until
expended.
DEFENSE FACILITIES CLOSURE PROJECTS
For expenses of the Department of Energy to accel-
erate the closure of defense environmental management
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sites, including the purchase, construction and acquisition
of plant and capital equipment and other necessary ex-
penses, $1,092,878,000, to remain available until ex-
pended.
DEFENSE ENVIRONMENTAL MANAGEMENT
PRIVATIZATION
For Department of Energy expenses for privatization
projects necessary for atomic energy defense environ-
mental management activities authorized by the Depart-
ment of Energy Organization Act (42 U.S.C. 7101 et
seq.), $143,208,000, 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 pur-
poses of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or con-
demnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion,
$487,464,000, 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
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expansion, $310,000,000, to remain available until ex-
pended.
POWER MARKETING ADMINISTRATIONS
BONNEVILLE POWER ADMINISTRATION FUND
Expenditures from the Bonneville Power Administra-
tion Fund, established pursuant to Public Law 93–454,
are approved for official reception and representation ex-
penses in an amount not to exceed $1,500.
During fiscal year 2002, no new direct loan obliga-
tions 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 re-
main available until expended; in addition, notwith-
standing the provisions of 31 U.S.C. 3302, up to
$8,000,000 collected by the Southeastern Power Adminis-
tration pursuant to the Flood Control Act to recover pur-
chase power and wheeling expenses shall be credited to
this account as offsetting collections, to remain available
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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 recep-
tion and representation expenses in an amount not to ex-
ceed $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, notwith-
standing 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 col-
lections, to remain available until expended for the sole
purpose of making purchase power and wheeling expendi-
tures.
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CONSTRUCTION, 
REHABILITATION, 
OPERATION
AND
MAINTENANCE, WESTERN AREA POWER ADMINIS-
TRATION
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 con-
servation and renewable resources programs as author-
ized, including official reception and representation ex-
penses in an amount not to exceed $1,500, $172,165,000,
to remain available until expended, of which $166,651,000
shall be derived from the Department of the Interior Rec-
lamation Fund: Provided, That of the amount herein ap-
propriated, $1,227,000 is for deposit into the Utah Rec-
lamation 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 Ad-
ministration pursuant to the Flood Control Act of 1944
and the Reclamation Project Act of 1939 to recover pur-
chase 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.
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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 Ad-
ministration, as provided in section 423 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995.
FEDERAL ENERGY REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Energy Regu-
latory Commission to carry out the provisions of the De-
partment 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),
$181,155,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law,
not to exceed $181,155,000 of revenues from fees and an-
nual charges, and other services and collections in fiscal
year 2002 shall be retained and used for necessary ex-
penses in this account, and shall remain available until
expended: Provided further, That the sum herein appro-
priated from the General Fund shall be reduced as reve-
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nues 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 none of the funds made available to the Federal En-
ergy Regulatory Commission in this or any other Act may
be used to authorize construction of the Gulfstream Nat-
ural Gas Project.
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 Appropria-
tions of the House of Representatives and the Senate a
report notifying the Subcommittees of the waiver and set-
ting forth, in specificity, the substantive reasons why the
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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 restruc-
turing 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 $21,900,000 made available
for obligation by this Act for severance payments and
other benefits and community assistance grants under sec-
tion 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 re-
programming request subject to approval by the appro-
priate Congressional committees.
SEC. 304. None of the funds appropriated by this Act
may be used to prepare or initiate Requests For Proposals
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(RFPs) for a program if the program has not been funded
by Congress.
(TRANSFERS OF UNEXPENDED BALANCES)
SEC. 305. The unexpended balances of prior appro-
priations provided for activities in this Act may be trans-
ferred to appropriation accounts for such activities estab-
lished pursuant to this title. Balances so transferred may
be merged with funds in the applicable established ac-
counts 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 Administra-
tion may be used to enter into any agreement to perform
energy efficiency services outside the legally defined Bon-
neville service territory, with the exception of services pro-
vided internationally, including services provided on a re-
imbursable basis, unless the Administrator certifies in ad-
vance that such services are not available from private sec-
tor businesses.
SEC. 307. None of the funds appropriated in other
than Energy and Water Development Appropriations Acts
may be used for Department of Energy laboratory di-
rected research and development (LDRD).
SEC. 308. Not later than March 31, 2002, the Sec-
retary of Energy, after consultation with the Nuclear Reg-
ulatory Commission and the Occupational Safety and
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Health Administration, shall transmit to the Committee
on Appropriations, the Committee on Energy and Com-
merce, and the Committee on Education and the Work-
force of the House of Representatives, and to the Com-
mittee on Appropriations, the Committee on Energy and
Natural Resources, the Committee on Environment and
Public Works, and the Committee on Health, Education,
Labor, and Pensions of the Senate, a report containing
an implementation plan for the transfer, on October 1,
2002—
(1) from the Department of Energy to the Nu-
clear Regulatory Commission of regulatory authority
over nuclear safety at the Department of Energy’s
science laboratories; and
(2) from the Department of Energy to the Oc-
cupational Safety and Health Administration of reg-
ulatory authority over worker safety at such labora-
tories.
Out of funds appropriated by this Act for Environment,
Safety, and Health, the Secretary of Energy shall transfer
$4,000,000 to the Nuclear Regulatory Commission and
$120,000 to the Occupational Safety and Health Adminis-
tration. For purposes of this section, the Department of
Energy’s science laboratories are the Argonne National
Laboratory, the Brookhaven National Laboratory, the
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Lawrence Berkeley National Laboratory, the Oak Ridge
National Laboratory, the Pacific Northwest National Lab-
oratory, the Ames Laboratory, the Fermi National Accel-
erator Laboratory, the Princeton Plasma Physics Labora-
tory, the Stanford Linear Accelerator Center, and the
Thomas Jefferson National Accelerator Facility.
SEC. 309. 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 par-
ticipation of a university or other potential user in the es-
tablishment or operation of a user facility, the Department
shall employ full and open competition in selecting such
a participant. For purposes of this section, the term ‘‘user
facility’’ includes, but is not limited to: a user facility as
described in section 2203(a)(2) of the Energy Policy Act
of 1992 (42 U.S.C. 13503(a)(2)); a National Nuclear Se-
curity Administration Defense Programs Technology De-
ployment Center/User Facility; and any other Department
facility designated by the Department as a user facility.
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TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs au-
thorized by the Appalachian Regional Development Act of
1965, as amended notwithstanding section 405 of said
Act, and, for necessary expenses for the Federal Co-Chair-
man and the alternate on the Appalachian Regional Com-
mission, for payment of the Federal share of the adminis-
trative 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 Fa-
cilities 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.
NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Commission in car-
rying out the purposes of the Energy Reorganization Act
of 1974, as amended, and the Atomic Energy Act of 1954,
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as amended, including official representation expenses
(not to exceed $15,000), and purchase of promotional
items for use in the recruitment of individuals for employ-
ment, $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 esti-
mated at $473,520,000 in fiscal year 2002 shall be re-
tained and used for necessary salaries and expenses in this
account, notwithstanding 31 U.S.C. 3302, and shall re-
main 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.
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 li-
censing 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 nec-
essary salaries and expenses in this account notwith-
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standing 31 U.S.C. 3302: Provided further, That the sum
herein appropriated shall be reduced by the amount of rev-
enues received during fiscal year 2002 so as to result in
a final fiscal year 2002 appropriation estimated at not
more than $247,000.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
SALARIES AND EXPENSES
For necessary expenses of the Nuclear Waste Tech-
nical Review Board, as authorized by Public Law 100–
203, section 5051, $3,100,000, to be derived from the Nu-
clear 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 commu-
nicate 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 Con-
gress that, to the greatest extent practicable, all equip-
ment and products purchased with funds made available
in this Act should be American-made.
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(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any enti-
ty 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 bear-
ing 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 con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
SEC. 503. (a) None of the funds appropriated or oth-
erwise made available by this Act may be used to deter-
mine 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 En-
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vironmental Protection Agency, to minimize any detri-
mental effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup
Program and the costs of the San Joaquin Valley Drain-
age 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—Alter-
native Repayment Plan’’ described in the report entitled
‘‘Repayment Report, Kesterson Reservoir Cleanup Pro-
gram and San Joaquin Valley Drainage Program, Feb-
ruary 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.
This Act may be cited as the ‘‘Energy and Water De-
velopment Appropriations Act, 2002’’.
Union Calendar No. 61
107TH CONGRESS
1ST SESSION
H. R. 2311
[Report No. 107–112]
A BILL
Making appropriations for energy and water devel-
opment for the fiscal year ending September 30,
2002, and for other purposes.
JUNE 26, 2001
Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed