H. R. 2311
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
An Act
Making appropriations for energy and water development for the fiscal year ending
September 30, 2002, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the Treasury
not otherwise appropriated, for the fiscal year ending September
30, 2002, for energy and water development, and for other purposes,
namely:
TITLE I
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
The following appropriations shall be expended under the direc-
tion of the Secretary of the Army and the supervision of the Chief
of Engineers for authorized civil functions of the Department of
the Army pertaining to rivers and harbors, flood control, beach
erosion, and related purposes.
GENERAL INVESTIGATIONS
For expenses necessary for the collection and study of basic
information pertaining to river and harbor, flood control, shore
protection, and related projects, restudy of authorized projects, mis-
cellaneous investigations, and, when authorized by laws, surveys
and detailed studies and plans and specifications of projects prior
to construction, $154,350,000, to remain available until expended:
Provided, That the Secretary of the Army, acting through the Chief
of Engineers, is directed to use funds appropriated herein to con-
tinue preconstruction engineering and design of the Murrieta Creek,
California, flood protection and environmental enhancement project
and is further directed to continue with the project in accordance
with cost sharing established for the Murrieta Creek project in
Public Law 106–377: Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, is directed to use
the feasibility report prepared under the authority of section 205
of the Flood Control Act of 1948, as amended, as the basis for
the Rock Creek-Keefer Slough Flood Control Project, Butte County,
California, and is further directed to use funds appropriated herein
for preconstruction engineering and design of the project: Provided
H. R. 2311—2
further, That in conducting the Southwest Valley Flood Damage
Reduction Study, Albuquerque, New Mexico, the Secretary of the
Army, acting through the Chief of Engineers, shall include an
evaluation of flood damage reduction measures that would otherwise
be excluded from the feasibility analysis based on policies regarding
the frequency of flooding, the drainage areas, and the amount
of runoff: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to conduct studies for
flood damage reduction, environmental protection, environmental
restoration, water supply, water quality, and other purposes in
Tuscaloosa County, Alabama, and shall provide a comprehensive
plan for the development, conservation, disposal, and utilization
of water and related land resources, for flood damage reduction
and allied purposes, including the determination of the need for
a reservoir to satisfy municipal and industrial water supply needs:
Provided further, That using $1,000,000 of the funds provided
herein, the Secretary of the Army, acting through the Chief of
Engineers, is directed to conduct a comprehensive watershed study
at full Federal expense to provide a framework for implementing
activities to improve environmental quality of the Lake Tahoe Basin
and the Secretary shall submit a feasibility level report within
30 months of enactment of this Act: Provided further, That appendix
D, chapter 5 of Public Law 106–554 is amended in the last sentence
under the subheading titled ‘‘General Investigations’’ by striking
‘‘a cost shared feasibility study of’’ and inserting ‘‘planning,
engineering and design activities for’’.
CONSTRUCTION, GENERAL
For the prosecution of river and harbor, flood control, shore
protection, and related projects authorized by laws; and detailed
studies, and plans and specifications, of projects (including those
for development with participation or under consideration for
participation by States, local governments, or private groups)
authorized or made eligible for selection by law (but such studies
shall not constitute a commitment of the Government to construc-
tion), $1,715,951,000, to remain available until expended, of which
such sums as are necessary for the Federal share of construction
costs for facilities under the Dredged Material Disposal Facilities
program shall be derived from the Harbor Maintenance Trust Fund,
as authorized by Public Law 104–303; and of which such sums
as are necessary pursuant to Public Law 99–662 shall be derived
from the Inland Waterways Trust Fund, for one-half of the costs
of construction and rehabilitation of inland waterways projects,
including rehabilitation costs for the Lock and Dam 11, Mississippi
River, Iowa; Lock and Dam 12, Mississippi River, Iowa; Lock and
Dam 24, Mississippi River, Illinois and Missouri; Lock and Dam
3, Mississippi River, Minnesota; and London Locks and Dam,
Kanawha River, West Virginia, projects; and of which funds are
provided for the following projects in the amounts specified:
San Timoteo Creek (Santa Ana River Mainstem), Cali-
fornia, $8,000,000;
Indianapolis Central Waterfront, Indiana, $9,000,000;
Southern and Eastern Kentucky, Kentucky, $4,000,000;
Clover Fork, City of Cumberland, Town of Martin, Pike
County (including Levisa Fork and Tug Fork Tributaries), Bell
County, Floyd County, Martin County, and Harlan County,
H. R. 2311—3
Kentucky, elements of the Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River, Kentucky,
$15,450,000; and
Lower Mingo County (Kermit), Upper Mingo County
(including County Tributaries), Wayne County, and McDowell
County, West Virginia, elements of the Levisa and Tug Forks
of the Big Sandy River and Upper Cumberland River project,
$5,900,000:
Provided, That using $1,000,000 of the funds appropriated herein,
the Secretary of the Army, acting through the Chief of Engineers,
is directed to modify the Carr Creek Lake, Kentucky, project at
full Federal expense to provide additional water supply storage
for the Upper Kentucky River Basin: Provided further, That with
$1,200,000 of the funds appropriated herein, the Secretary of the
Army, acting through the Chief of Engineers, is directed to under-
take design deficiency repairs to the Bois Brule Drainage and
Levee District, Missouri, project, authorized and constructed under
the authority of the Flood Control Act of 1936 with cost sharing
consistent with the original project authorization: Provided further,
That in accordance with section 332 of the Water Resources
Development Act of 1999, the Secretary of the Army is directed
to increase the authorized level of protection of the Bois Brule
Drainage and Levee District, Missouri, project from 50 years to
100 years using $700,000 of the funds appropriated herein, and
the project costs allocated to the incremental increase in the level
of protection shall be cost shared consistent with section 103(a)
of the Water Resources Development Act of 1986, notwithstanding
section 202(a) of the Water Resources Development Act of 1996:
Provided further, That using $200,000 of the funds provided herein,
the Secretary of the Army, acting through the Chief of Engineers,
is directed to conduct, at full Federal expense, technical studies
of individual ditch systems identified by the State of Hawaii, and
to assist the State in diversification by helping to define the cost
of repairing and maintaining selected ditch systems: Provided fur-
ther, That the Secretary of the Army, acting through the Chief
of Engineers, is directed to use $1,300,000 of the funds appropriated
herein to continue construction of the navigation project at
Kaumalapau Harbor, Hawaii: Provided further, That with $800,000
of the funds provided herein, the Secretary of the Army, acting
through the Chief of Engineers, is directed to continue preparation
of a General Reevaluation Report of the Oak Island, Caswell Beach,
and Holden Beach segments of the Brunswick County Beaches
project in North Carolina: Provided further, That the Secretary
of the Army, acting through the Chief of Engineers, is directed
to use $500,000 to undertake the Bowie County Levee Project,
which is defined as Alternative B Local Sponsor Option, in the
Corps of Engineers document entitled Bowie County Local Flood
Protection, Red River, Texas, Project Design Memorandum No.
1, Bowie County Levee, dated April 1997: Provided further, That
the Secretary of the Army is directed to use $4,000,000 of the
funds provided herein for the Dam Safety and Seepage/Stability
Correction Program to continue construction of seepage control fea-
tures at Waterbury Dam, Vermont: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers,
using up to $200,000 of the funds provided herein, is directed
to complete the Aloha-Rigolette, Louisiana, project at full Federal
H. R. 2311—4
expense: Provided further, That using $500,000 of the funds pro-
vided herein, the Secretary of the Army, acting through the Chief
of Engineers, is directed to proceed with the Shoalwater Bay Shore-
line, Washington, project: Provided further, That all studies for
the Shoalwater Bay Shoreline project shall be cost shared in the
same proportion as the construction implementation costs: Provided
further, That using $2,500,000 of the funds provided herein, the
Secretary of the Army, acting through the Chief of Engineers,
is directed to proceed with a final design and initiate construction
for the repair and replacement of the Jicarilla Municipal Water
System in the town of Dulce, New Mexico: Provided further, That
using $750,000 of the funds provided herein, the Secretary of the
Army, acting through the Chief of Engineers, is directed to proceed
with the Missouri River Restoration Project and that erosion control
measures implemented shall be primarily through nonstructural
means such as planting of native vegetation, buffer strips, conserva-
tion easements, setbacks, and agricultural best management prac-
tices: Provided further, That with $10,000,000 of the funds provided
herein, the Secretary of the Army, acting through the Chief of
Engineers, is directed to construct the Dallas Floodway Extension,
Texas, project, including the Cadillac Heights feature, generally
in accordance with the Chief of Engineers report dated December
7, 1999: Provided further, That the deadline for the report required
under section 154(g) of Public Law 106–554 is extended to December
31, 2002: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use unexpended
funds appropriated in Public Law 105–62, under the heading
Construction, General for Salyersville, Kentucky, to construct addi-
tional recreation improvements at the Buckhorn Lake, Kentucky,
project: Provided further, That using $1,000,000 of the funds pro-
vided herein, the Secretary of the Army, acting through the Chief
of Engineers, is directed to initiate construction on the Seward
Harbor, Alaska, project in accordance with the Report of the Chief
of Engineers dated June 8, 1999 and the economic justification
contained therein: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, is directed to use up to
$900,000 of funds previously appropriated to reimburse the City
of Venice, Florida, for the costs incurred by the City prior to
October 1998 for work accomplished by the City related to the
relocation of the stormwater outfalls and the construction of the
artificial reef that comprises an integral part of the project for
beach nourishment, in Sarasota County, Florida: Provided further,
That the Secretary of the Army, acting through the Chief of Engi-
neers, is directed to use funds appropriated herein, for emergency
bank stabilization measures at Lakeshore Park in Knoxville, Ten-
nessee: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to continue the
Dickenson County Detailed Project Report as generally defined
in Plan 4 of the Huntington District Engineer’s Draft Supplement
to the Section 202 General Plan for Flood Damage Reduction dated
April 1997, including all Russell Fork tributary streams within
the County and special considerations as may be appropriate to
address the unique relocations and resettlement needs for the flood
prone communities within the County: Provided further, That, with
respect to the environmental infrastructure project in Lebanon,
New Hampshire, for which funds are made available under this
heading, the non-Federal interest shall receive credit toward the
H. R. 2311—5
non-Federal share of the cost of the project for work performed
before the date of execution of the project cooperation agreement,
if the Secretary determines the work is integral to the project:
Provided further, That, for the Raritan River Basin, Green Brook
Sub-Basin, New Jersey, project, the Secretary of the Army, acting
through the Chief of Engineers, is directed to implement the locally
preferred plan for the element in the western portion of Middlesex
Borough, New Jersey, which includes the buyout of up to 22 homes,
the flood proofing of four commercial buildings along Prospect Place
and Union Avenue, and the buyout of up to three commercial
buildings along Raritan and Lincoln Avenues, at a total estimated
cost of $15,000,000, with an estimated Federal cost of $11,500,000
and an estimated non-Federal cost of $3,500,000.
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS,
ILLINOIS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND
TENNESSEE
For expenses necessary for prosecuting work of flood control,
rescue work, repair, restoration, or maintenance of flood control
projects threatened or destroyed by flood, as authorized by law
(33 U.S.C. 702a and 702g–1), $345,992,000, to remain available
until expended: Provided, That, the Secretary of the Army, acting
through the Chief of Engineers, is directed to convey to the Board
of Mississippi Levee Commissioners any and all fee owned real
property interests deemed excess to Army needs for disposal by
the U.S. Army Corps of Engineers at its Casting Plant and its
Bank Grading and Mat Loading Fleeting Area located in Greenville,
Mississippi. This real property shall be used by the Board of Mis-
sissippi Levee Commissioners for the operation and maintenance
of the Mississippi River and Tributaries Project as it deems nec-
essary.
OPERATION AND MAINTENANCE, GENERAL
For expenses necessary for the preservation, operation, mainte-
nance, and care of existing river and harbor, flood control, and
related works, including such sums as may be necessary for the
maintenance of harbor channels provided by a State, municipality
or other public agency, outside of harbor lines, and serving essential
needs of general commerce and navigation; surveys and charting
of northern and northwestern lakes and connecting waters; clearing
and straightening channels; and removal of obstructions to naviga-
tion, $1,874,803,000, to remain available until expended, of which
such sums as become available in the Harbor Maintenance Trust
Fund, pursuant to Public Law 99–662, may be derived from that
Fund, and of which such sums as become available from the special
account established by the Land and Water Conservation Act of
1965, as amended (16 U.S.C. 460l), may be derived from that
account for construction, operation, and maintenance of outdoor
recreation facilities: Provided, That the Secretary of the Army,
acting through the Chief of Engineers, is directed, within funds
available for the Mobile Harbor, Alabama, project, to remove, trans-
port, dispose, and remediate contaminated sediments in and adja-
cent to the Federal navigation projects for the Arlington Channel
and the Garrows Bend Channel at Federal expense, and a non-
Federal sponsor shall provide all necessary lands, easements, rights-
of-way, and relocations that may be required for the disposal of
H. R. 2311—6
dredged material: Provided further, That using funds appropriated
herein, the Secretary of the Army, acting through the Chief of
Engineers, is directed to perform cultural resource mitigation and
recreation improvements at Waco Lake, Texas, at full Federal
expense notwithstanding the provisions of the Water Supply Act
of 1958: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use funds appro-
priated herein to grade the basin within the Hansen Dam feature
of the Los Angeles County Drainage Area, California, project to
enhance and maintain flood capacity and to provide for future
use of the basin for compatible purposes consistent with the Master
Plan, including recreation and environmental restoration: Provided
further, That the Secretary of the Army, acting through the Chief
of Engineers, is directed to use funds appropriated herein to fully
investigate the development of an upland disposal site recycling
program on the Black Warrior and Tombigbee Rivers, Alabama-
Coosa Rivers, and the Mobile River projects: Provided further, That
of funds appropriated herein for the Intracoastal Waterway, Dela-
ware River to Chesapeake Bay, Delaware and Maryland, the Sec-
retary of the Army, acting through the Chief of Engineers, is
directed to reimburse the State of Delaware for normal operation
and maintenance costs incurred by the State of Delaware for the
SR1 Bridge from station 58∂00 to station 293∂00 between May
12, 1997 and September 30, 2002. Reimbursement costs shall not
exceed $1,277,000: Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, is directed to use
funds appropriated herein to remove and reinstall the docks and
causeway, in kind, and continue breakwater repairs at Astoria
East Boat Basin, Oregon: Provided further, That using funds appro-
priated herein, the Secretary of the Army, acting through the Chief
of Engineers, is directed to dredge a channel from the mouth
of Wheeling Creek to Tunnel Green Park in Wheeling, West Vir-
ginia: Provided further, That the project for the Apalachicola, Chat-
tahoochee, and Flint Rivers Navigation, authorized by section 2
of the River and Harbor Act of March 2, 1945 (Public Law 79–
14) and modified by the first section of the River and Harbor
Act of 1946 (60 Stat. 635, chapter 595), is modified to authorize
the Secretary, as part of navigation maintenance activities, to
develop and implement a plan to be integrated into the long-
term dredged material management plan being developed for the
Corley Slough reach, as required by conditions of the State of
Florida water quality certification, for periodically removing sandy
dredged material from the disposal area known as Site 40, located
at mile 36.5 of the Apalachicola River, and from other disposal
sites that the Secretary may determine to be needed for the purpose
of reuse of the disposal areas, by transporting and depositing the
sand for environmentally acceptable beneficial uses in coastal areas
of Florida to be determined in coordination with the State of Florida:
Provided further, That the Secretary is authorized to acquire all
lands, easements, and rights-of-way that may be determined by
the Secretary, in consultation with the affected State, to be required
for dredged material disposal areas to implement a long-term dredge
material management plan: Provided further, That the long-term
management plan shall be developed in coordination with the State
of Florida no later than 2 years from the date of enactment of
this Act: Provided further, That, of the funds herein, $4,900,000
shall be made available for these purposes and $8,000,000 shall
H. R. 2311—7
be made available for normal operation and maintenance of the
Apalachicola, Chattahoochee, and Flint Rivers navigation project.
FLOOD CONTROL AND COASTAL EMERGENCIES
(RESCISSION)
Of the funds made available under this heading in Public
Law 107–20, $25,000,000 are hereby rescinded.
REGULATORY PROGRAM
For expenses necessary for administration of laws pertaining
to regulation of navigable waters and wetlands, $127,000,000, to
remain available until expended.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
For expenses necessary to clean up contamination from sites
throughout the United States resulting from work performed as
part of the Nation’s early atomic energy program, $140,000,000,
to remain available until expended.
GENERAL EXPENSES
For expenses necessary for general administration and related
functions in the Office of the Chief of Engineers and offices of
the Division Engineers, activities of the Humphreys Engineer
Center Support Activity, the Institute for Water Resources, and
headquarters support functions at the USACE Finance Center,
$153,000,000, to remain available until expended: Provided, That
no part of any other appropriation provided in title I of this Act
shall be available to fund the activities of the Office of the Chief
of Engineers or the executive direction and management activities
of the division offices: Provided further, That none of these funds
shall be available to support an office of congressional affairs within
the executive office of the Chief of Engineers.
ADMINISTRATIVE PROVISIONS
Appropriations in this title shall be available for official recep-
tion and representation expenses (not to exceed $5,000); and during
the current fiscal year the Revolving Fund, Corps of Engineers,
shall be available for purchase (not to exceed 100 for replacement
only) and hire of passenger motor vehicles.
GENERAL PROVISIONS
CORPS OF ENGINEERS—CIVIL
SEC. 101. (a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army shall convey to the Blue Township Fire District, Blue Town-
ship, Kansas, by quitclaim deed and without consideration, all
right, title, and interest of the United States in and to a parcel
of land consisting of approximately 4.35 acres located in
Pottawatomie County, Tuttle Creek Lake, Kansas.
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
H. R. 2311—8
(c) REVERSION.—If the Secretary determines that the property
conveyed under subsection (a) ceases to be held in public ownership
or to be used as a site for a fire station, all right, title, and
interest in and to the property shall revert to the United States,
at the option of the United States.
SEC. 102. For those shore protection projects funded in this
Act which have Project Cooperation Agreements in place, the Sec-
retary of the Army is directed to proceed with those projects in
accordance with the cost sharing specified in the Project Cooperation
Agreement: Provided, That the Secretary of the Army shall not
accept or solicit non-Federal voluntary contributions for shore
protection work in excess of the minimum requirements established
by law; except that, when voluntary contributions are tendered
by a non-Federal sponsor for the prosecution of work outside the
authorized scope of the Federal project at full non-Federal expense,
the Secretary is authorized to accept said contributions.
SEC. 103. Agreements proposed for execution by the Assistant
Secretary of the Army for Civil Works or the United States Army
Corps of Engineers after the date of the enactment of this Act
pursuant to section 4 of the Rivers and Harbor Act of 1915, Public
Law 64–291; section 11 of the River and Harbor Act of 1925,
Public Law 68–585; the Civil Functions Appropriations Act, 1936,
Public Law 75–208; section 215 of the Flood Control Act of 1968,
as amended, Public Law 90–483; sections 104, 203, and 204 of
the Water Resources Development Act of 1986, as amended, Public
Law 99–662; section 206 of the Water Resources Development Act
of 1992, as amended, Public Law 102–580; section 211 of the Water
Resources Development Act of 1996, Public Law 104–303; and any
other specific project authority, shall be limited to credits and
reimbursements per project not to exceed $10,000,000 in each fiscal
year, and total credits and reimbursements for all applicable
projects not to exceed $50,000,000 in each fiscal year.
SEC. 104. ST. GEORGES BRIDGE, DELAWARE. None of the funds
made available in this Act may be used to carry out any activity
relating to closure or removal of the St. Georges Bridge across
the Intracoastal Waterway, Delaware River to Chesapeake Bay,
Delaware and Maryland, including a hearing or any other activity
relating to preparation of an environmental impact statement con-
cerning the closure or removal.
SEC. 105. The non-Federal interest shall receive credit towards
the lands, easements, relocations, rights-of-way, and disposal areas
required for the Lava Hot Springs restoration project in Idaho,
and acquired by the non-Federal interest before execution of the
project cooperation agreement: Provided, That the Secretary shall
provide credit for work only if the Secretary determines such work
to be integral to the project.
SEC. 106. GUADALUPE RIVER, CALIFORNIA. The project for flood
control, Guadalupe River, California, authorized by section 401
of the Water Resources Development Act of 1986, and the Energy
and Water Development Appropriation Acts of 1990 and 1992,
is modified to authorize the Secretary to construct the project
substantially in accordance with the General Reevaluation and
Environmental Report for Proposed Project Modifications, dated
February 2001, at a total cost of $226,800,000, with an estimated
Federal cost of $128,700,000, and estimated non-Federal cost of
$98,100,000.
H. R. 2311—9
SEC. 107. DESIGNATION
OF NONNAVIGABILITY
FOR PORTIONS
OF GLOUCESTER COUNTY, NEW JERSEY. (a) DESIGNATION.—
(1) IN GENERAL.—The Secretary of the Army (referred to
in section as the ‘‘Secretary’’) shall designate as nonnavigable
the areas described in paragraph (3) unless the Secretary,
after consultation with local and regional public officials
(including local and regional planning organizations), makes
a determination that 1 or more projects proposed to be carried
out in 1 or more areas described in paragraph (2) are not
in the public interest.
(2) DESCRIPTION OF AREAS.—The areas referred to in para-
graph (1) are certain parcels of property situated in the West
Deptford Township, Gloucester County, New Jersey, as depicted
on Tax Assessment Map #26, Block #328, Lots #1, 1.03, 1.08,
and 1.09, more fully described as follows:
(A) Beginning at the point in the easterly line of
Church Street (49.50 feet wide), said beginning point being
the following 2 courses from the intersection of the center-
line of Church Street with the curved northerly right-
of-way line of Pennsylvania-Reading Seashore Lines Rail-
road (66.00 feet wide)—
(i) along said centerline of Church Street N.
11°28′50″ E. 38.56 feet; thence
(ii) along the same N. 61°28′35″ E. 32.31 feet to
the point of beginning.
(B) Said beginning point also being the end of the
thirteenth course and from said beginning point runs;
thence, along the aformentioned Easterly line of Church
Street—
(i) N. 11°28′50″ E. 1052.14 feet; thence
(ii) crossing Church Street, N. 34°19′51″ W.
1590.16 feet; thence
(iii) N. 27°56′37″ W. 3674.36 feet; thence
(iv) N. 35°33′54″ W. 975.59 feet; thence
(v) N. 57°04′39″ W. 481.04 feet; thence
(vi) N. 36°22′55″ W. 870.00 feet to a point in the
Pierhead and Bulkhead Line along the Southeasterly
shore of the Delaware River; thence
(vii) along the same line N. 53°37′05″ E. 1256.19
feet; thence
(viii) still along the same, N. 86°10′29″ E. 1692.61
feet; thence, still along the same the following thir-
teenth courses
(ix) S. 67°44′20″ E. 1090.00 feet to a point in
the Pierhead and Bulkhead Line along the Southwest-
erly shore of Woodbury Creek; thence
(x) S. 39°44′20″ E. 507.10 feet; thence
(xi) S. 31°01′38″ E. 1062.95 feet; thence
(xii) S. 34°34′20″ E. 475.00 feet; thence
(xiii) S. 32°20′28″ E. 254.18 feet; thence
(xiv) S. 52°55′49″ E. 964.95 feet; thence
(xv) S. 56°24′40″ E. 366.60 feet; thence
(xvi) S. 80°31′50″ E. 100.51 feet; thence
(xvii) N. 75°30′00″ E. 120.00 feet; thence
(xviii) N. 53°09′00″ E. 486.50 feet; thence
(xix) N. 81°18′00″ E. 132.00 feet; thence
(xx) S. 56°35′00″ E. 115.11 feet; thence
H. R. 2311—10
(xxi) S. 42°00′00″ E. 271.00 feet; thence
(xxii) S. 48°30′00″ E. 287.13 feet to a point in
the Northwesterly line of Grove Avenue (59.75 feet
wide); thence
(xxiii) S. 23°09′50″ W. 4120.49 feet; thence
(xxiv) N. 66°50′10″ W. 251.78 feet; thence
(xxv) S. 36°05′20″ E. 228.64 feet; thence
(xxvi) S. 58°53′00″ W. 1158.36 feet to a point in
the Southwesterly line of said River Lane; thence
(xxvii) S. 41°31′35″ E. 113.50 feet; thence
(xxviii) S. 61°28′35″ W. 863.52 feet to the point
of beginning.
(C)(i) Except as provided in clause (ii), beginning at
a point in the centerline of Church Street (49.50 feet wide)
where the same is intersected by the curved northerly
line of Pennsylvania-Reading Seashore Lines Railroad
right-of-way (66.00 feet wide), along that Railroad, on a
curve to the left, having a radius of 1465.69 feet, an arc
distance of 1132.14 feet—
(I) N. 88°45′47″ W. 1104.21 feet; thence
(II) S. 69°06′30″ W. 1758.95 feet; thence
(III) N. 23°04′43″ W. 600.19 feet; thence
(IV) N. 19°15′32″ W. 3004.57 feet; thence
(V) N. 44°52′41″ W. 897.74 feet; thence
(VI) N. 32°26′05″ W. 2765.99 feet to a point in
the Pierhead and Bulkhead Line along the Southeast-
erly shore of the Delaware River; thence
(VII) N. 53°37′05″ E. 2770.00 feet; thence
(VIII) S. 36°22′55″ E. 870.00 feet; thence
(IX) S. 57°04′39″ E. 481.04 feet; thence
(X) S. 35°33′54″ E. 975.59 feet; thence
(XI) S. 27°56′37″ E. 3674.36 feet; thence
(XII) crossing Church Street, S. 34°19′51″ E.
1590.16 feet to a point in the easterly line of Church
Street; thence
(XIII) S. 11°28′50″ W. 1052.14 feet; thence
(XIV) S. 61°28′35″ W. 32.31 feet; thence
(XV) S. 11°28′50″ W. 38.56 feet to the point of
beginning.
(ii) The parcel described in clause (i) does not include
the parcel beginning at the point in the centerline of
Church Street (49.50 feet wide), that point being N.
11°28′50″ E. 796.36 feet, measured along the centerline,
from its intersection with the curved northerly right-of-
way line of Pennsylvania-Reading Seashore Lines Railroad
(66.00 feet wide)—
(I) N. 78°27′40″ W. 118.47 feet; thence
(II) N. 15°48′40″ W. 120.51 feet; thence
(III) N. 77°53′00″ E 189.58 feet to a point in the
centerline of Church Street; thence
(IV) S. 11°28′50″ W. 183.10 feet to the point of
beginning.
(b) LIMITS ON APPLICABILITY; REGULATORY REQUIREMENTS.—
(1) IN GENERAL.—The designation under subsection (a)(1)
shall apply to those parts of the areas described in subsection
(a) that are or will be bulkheaded and filled or otherwise
occupied by permanent structures, including marina facilities.
H. R. 2311—11
(2) APPLICABLE LAW.—All activities described in paragraph
(1) shall be subject to all applicable Federal law, including—
(A) the Act of March 3, 1899 (30 Stat. 1121, chapter
425);
(B) section 404 of the Federal Water Pollution Control
Act (33 U.S.C. 1344); and
(C) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(c) TERMINATION OF DESIGNATION.—If, on the date that is 20
years after the date of enactment of this Act, any area or portion
of an area described in subsection (a)(3) is not bulkheaded, filled,
or otherwise occupied by permanent structures (including marina
facilities) in accordance with subsection (b), or if work in connection
with any activity authorized under subsection (b) is not commenced
by the date that is 5 years after the date on which permits for
the work are issued, the designation of nonnavigability under sub-
section (a)(1) for that area or portion of an area shall terminate.
SEC. 108. NOME HARBOR TECHNICAL CORRECTIONS. Section
101(a)(1) of Public Law 106–53 (the Water Resources Development
Act of 1999) is amended by—
(1) striking ‘‘$25,651,000’’ and inserting in its place
‘‘$39,000,000’’; and
(2) striking ‘‘$20,192,000’’ and inserting in its place
‘‘$33,541,000’’.
SEC. 109. Section 211 of the Water Resources Development
Act of 2000, Public Law 106–541, is amended by adding the fol-
lowing language at the end of subsection (d):
‘‘(e) ENGINEERING RESEARCH AND DEVELOPMENT CENTER.—The
Engineering Research and Development Center is exempt from
the requirements of this section.’’.
SEC. 110. Section 514(g) of the Water Resources Development
Act of 1999, Public Law 106–53, is amended by striking ‘‘fiscal
years 2000 and 2001’’ and inserting in lieu thereof ‘‘fiscal years
2000 through 2002’’.
SEC. 111. The Secretary of the Army, acting through the Chief
of Engineers, is directed to modify the pump station intake structure
and discharge line to preclude ice from interfering with pump
operations at Fort Fairfield, Maine, flood control project: Provided,
That all design and construction costs associated with the modifica-
tions of the Fort Fairfield, Maine, project shall be at Federal
expense.
SEC. 112. CERRILLOS DAM, PUERTO RICO. The Secretary of
the Army shall reassess the allocation of Federal and non-Federal
costs for construction of the Cerrillos Dam, carried out as part
of the project for flood control, Portugues and Bucana Rivers, Puerto
Rico.
SEC. 113. STUDY
OF CORPS CAPABILITY
TO CONSERVE FISH
AND WILDLIFE. Section 704(b) of the Water Resources Development
Act of 1986 (33 U.S.C. 2263(b)) is amended—
(1) by redesignating paragraphs (1), (2), (3), and (4) as
subparagraphs (A), (B), (C), and (D), respectively;
(2) by striking ‘‘(b) The Secretary’’ and inserting the fol-
lowing:
‘‘(b) PROJECTS.—
‘‘(1) IN GENERAL.—The Secretary’’; and
H. R. 2311—12
(3) by striking ‘‘The non-Federal share of the cost of any
project under this section shall be 25 percent.’’ and inserting
the following:
‘‘(2) COST SHARING.—
‘‘(A) IN GENERAL.—The non-Federal share of the cost
of any project under this subsection shall be 25 percent.
‘‘(B) FORM.—The non-Federal share may be provided
through in-kind services, including the provision by the
non-Federal interest of shell stock material that is deter-
mined by the Chief of Engineers to be suitable for use
in carrying out the project.
‘‘(C) APPLICABILITY.—The non-Federal interest shall be
credited with the value of in-kind services provided on
or after October 1, 2000, for a project described in para-
graph (1) completed on or after that date, if the Secretary
determines that the work is integral to the project.’’.
SEC. 114. The flood control project for the Ramapo River at
Oakland, New Jersey, authorized by section 401(a) of the Water
Resources Development Act of 1986, Public Law 99–662, as
amended by section 301(a)(9) of the Water Resources Development
Act of 1996, Public Law 104–33, is modified to authorize the Sec-
retary of the Army, acting through the Chief of Engineers, to
construct the project at a total cost of $18,000,000, with an esti-
mated Federal cost of $13,500,000 and an estimated non-Federal
cost of $4,500,000 less any credits allowed under applicable laws.
SEC. 115. Except for the historic scheduled maintenance
dredging in the Delaware River, none of the funds appropriated
in this Act shall be used to operate the dredge MCFARLAND
other than for urgent dredging, emergencies and in support of
national defense.
SEC. 116. The Secretary may not expend funds to accelerate
the schedule to finalize the Record of Decision for the revision
of the Missouri River Master Water Control Manual and any associ-
ated changes to the Missouri River Annual Operating Plan. During
consideration of revisions to the manual in fiscal year 2002, the
Secretary may consider and propose alternatives for achieving spe-
cies recovery other than the alternatives specifically prescribed
by the United States Fish and Wildlife Service in the biological
opinion of the Service. The Secretary shall consider the views of
other Federal agencies, non-Federal agencies, and individuals to
ensure that other congressionally authorized purposes are main-
tained.
TITLE II
DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For carrying out activities authorized by the Central Utah
Project Completion Act, $34,918,000, to remain available until
expended, of which $10,749,000 shall be deposited into the Utah
Reclamation Mitigation and Conservation Account for use by the
Utah Reclamation Mitigation and Conservation Commission.
H. R. 2311—13
In addition, for necessary expenses incurred in carrying out
related responsibilities of the Secretary of the Interior, $1,310,000,
to remain available until expended.
BUREAU OF RECLAMATION
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
WATER AND RELATED RESOURCES
(INCLUDING TRANSFER OF FUNDS)
For management, development, and restoration of water and
related natural resources and for related activities, including the
operation, maintenance, and rehabilitation of reclamation and other
facilities, participation in fulfilling related Federal responsibilities
to Native Americans, and related grants to, and cooperative and
other agreements with, State and local governments, Indian tribes,
and others, $762,531,000, to remain available until expended, of
which $14,649,000 shall be available for transfer to the Upper
Colorado River Basin Fund and $31,442,000 shall be available
for transfer to the Lower Colorado River Basin Development Fund;
of which such amounts as may be necessary may be advanced
to the Colorado River Dam Fund; of which $8,000,000 shall be
for on-reservation water development, feasibility studies, and
related administrative costs under Public Law 106–163; and of
which not more than $500,000 is for high priority projects which
shall be carried out by the Youth Conservation Corps, as authorized
by 16 U.S.C. 1706: Provided, That such transfers may be increased
or decreased within the overall appropriation under this heading:
Provided further, That of the total appropriated, the amount for
program activities that can be financed by the Reclamation Fund
or the Bureau of Reclamation special fee account established by
16 U.S.C. 460l–6a(i) shall be derived from that Fund or account:
Provided further, That funds contributed under 43 U.S.C. 395 are
available until expended for the purposes for which contributed:
Provided further, That funds advanced under 43 U.S.C. 397a shall
be credited to this account and are available until expended for
the same purposes as the sums appropriated under this heading:
Provided further, That $12,000,000 of the funds appropriated herein
shall be deposited in the San Gabriel Basin Restoration Fund
established by section 110 of division B, title I of Public Law
106–554, of which $1,000,000 shall be for remediation in the Central
Basin Municipal Water District: Provided further, That funds avail-
able for expenditure 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, Reclamation States Emergency
Drought Relief Act of 1991, as amended, is amended further by
inserting ‘‘2001, and 2002’’ in lieu of ‘‘and 2001’’: Provided further,
That of such funds, not more than $1,500,000 shall be available
to the Secretary for completion of a feasibility study for the Santa
Fe-Pojoaque Regional Water System, New Mexico: Provided further,
That the study shall be completed by September 30, 2002.
H. R. 2311—14
BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT
For the cost of direct loans and/or grants, $7,215,000, to remain
available until expended, as authorized by the Small Reclamation
Projects Act of August 6, 1956, as amended (43 U.S.C. 422a–
422l): Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That these
funds are available to subsidize gross obligations for the principal
amount of direct loans not to exceed $26,000,000.
In addition, for administrative expenses necessary to carry
out the program for direct loans and/or grants, $280,000, to remain
available until expended: Provided, That of the total sums appro-
priated, the amount of program activities that can be financed
by the Reclamation Fund shall be derived from that Fund.
CENTRAL VALLEY PROJECT RESTORATION FUND
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, $55,039,000, to be derived from
such sums as may be collected in the Central Valley Project Restora-
tion Fund pursuant to sections 3407(d), 3404(c)(3), 3405(f ), and
3406(c)(1) of Public Law 102–575, to remain available until
expended: Provided, That the Bureau of Reclamation is directed
to assess and collect the full amount of the additional mitigation
and restoration payments authorized by section 3407(d) of Public
Law 102–575.
POLICY AND ADMINISTRATION
For necessary expenses of policy, administration, and related
functions in the office of the Commissioner, the Denver office,
and offices in the five regions of the Bureau of Reclamation, to
remain available until expended, $52,968,000, to be derived from
the Reclamation Fund and be nonreimbursable as provided in 43
U.S.C. 377: Provided, That no part of any other appropriation
in this Act shall be available for activities or functions budgeted
as policy and administration expenses.
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall be available
for purchase of not to exceed four passenger motor vehicles for
replacement only.
GENERAL PROVISIONS
DEPARTMENT OF THE INTERIOR
SEC. 201. In order to increase opportunities for Indian tribes
to develop, manage, and protect their water resources, the Secretary
of the Interior, acting through the Commissioner of the Bureau
of Reclamation, is authorized to enter into grants and cooperative
agreements with any Indian tribe, institution of higher education,
national Indian organization, or tribal organization pursuant to
31 U.S.C. 6301–6308. Nothing in this Act is intended to modify
or limit the provisions of the Indian Self Determination Act (25
U.S.C. 45 et seq.).