H. R. 4733
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
Making appropriations for energy and water development for the fiscal year ending
September 30, 2001, 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, 2001, 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, $160,038,000, to remain available until expended:
Provided, 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 is
directed to use $750,000 of the funds appropriated herein to con-
tinue preconstruction engineering and design for the Murrieta
Creek, California flood protection and environmental restoration
project in accordance with Alternative 6, based on the Murrieta
Creek feasibility report and environmental impact statement dated
June 2000 at a total cost of $90,866,000, with an estimated Federal
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cost of $59,063,900 and an estimated non-Federal cost of
$31,803,100.
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), $1,695,699,000, 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 12, Mississippi
River, Iowa; Lock and Dam 24, Mississippi River, Illinois and Mis-
souri; Lock and Dam 3, Mississippi River, Minnesota; and London
Locks and Dam, and Kanawha River, West Virginia, projects; and
of which funds are provided for the following projects in the amounts
specified:
San Gabriel Basin Groundwater Restoration, California,
$25,000,000;
San Timoteo Creek (Santa Ana River Mainstem), Cali-
fornia, $5,000,000;
Indianapolis Central Waterfront, Indiana, $10,000,000;
Southern and Eastern Kentucky, Kentucky, $4,000,000;
Clover Fork, Middlesboro, City of Cumberland, Town of
Martin, Pike County (including Levisa Fork and Tug Fork
Tributaries), Bell County, Martin County, and Harlan County,
Kentucky, elements of the Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River, Kentucky,
$20,000,000: Provided, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to proceed with
planning, engineering, design and construction of the Town
of Martin, Kentucky, element, in accordance with Plan A as
set forth in the preliminary draft Detailed Project Report,
Appendix T of the General Plan of the Huntington District
Commander;
Jackson County, Mississippi, $2,000,000;
Bosque and Leon Rivers, Texas, $4,000,000; and
Upper Mingo County (including Mingo County Tributaries),
Lower Mingo County (Kermit), Wayne County, and McDowell
County, elements of the Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River project in West
Virginia, $4,100,000:
Provided further, That using $900,000 of the funds appropriated
herein, the Secretary of the Army, acting through the Chief of
Engineers, is directed 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.
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1, Bowie County Levee, dated April 1997: Provided further, That
no part of any appropriation contained in this Act shall be expended
or obligated to begin Phase II of the John Day Drawdown study
or to initiate a study of the drawdown of McNary Dam unless
authorized by law: Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, is directed hereafter
to use available Construction, General funds in addition to funding
provided in Public Law 104–206 to complete design and construction
of the Red River Regional Visitors Center in the vicinity of Shreve-
port, Louisiana at an estimated cost of $6,000,000: Provided further,
That section 101(b)(4) of the Water Resources Development Act
of 1996, is amended by striking ‘‘total cost of $8,600,000’’ and
inserting ‘‘total cost of $15,000,000’’: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers,
is directed to use $3,000,000 of the funds appropriated herein
for additional emergency bank stabilization measures at Galena,
Alaska under the same terms and conditions as previous emergency
bank stabilization work undertaken at Galena, Alaska pursuant
to section 116 of Public Law 99–190: Provided further, That with
$4,200,000 of the funds appropriated herein, the Secretary of the
Army, acting through the Chief of Engineers, is directed to continue
construction of the Brunswick County Beaches, North Carolina-
Ocean Isle Beach portion in accordance with the General Reevalua-
tion Report approved by the Chief of Engineers on May 15, 1998:
Provided further, That the Secretary of the Army, acting through
the Chief of Engineers, is directed to use not to exceed $300,000
of funds appropriated herein to reimburse the City of Renton,
Washington, at full Federal expense, for mitigation expenses
incurred for the flood control project constructed pursuant to 33
U.S.C. 701s at Cedar River, City of Renton, Washington, as a
result of over-dredging by the Army Corps of Engineers: Provided
further, That $2,000,000 of the funds appropriated herein shall
be available for stabilization and renovation of Lock and Dam
10, Kentucky River, Kentucky, subject to enactment of authorization
by law: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use $3,000,000 of
the funds appropriated herein to initiate construction of a naviga-
tion project at Kaumalapau Harbor, Hawaii: Provided further, That
the Secretary of the Army is directed to use $2,000,000 of the
funds provided herein for Dam Safety and Seepage/Stability Correc-
tion Program to design and construct seepage control features at
Waterbury Dam, Winooski River, Vermont: Provided further, That
the Secretary of the Army, acting through the Chief of Engineers,
is directed to design and construct barge lanes at the Houston-
Galveston Navigation Channels, Texas, project, immediately adja-
cent to either side of the Houston Ship Channel, from Bolivar
Roads to Morgan Point, to a depth of 12 feet with prior years’
Construction, General carry-over funds: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers,
may use Construction, General funding as directed in Public Law
105–62 and Public Law 105–245 to initiate construction of an
emergency outlet from Devils Lake, North Dakota, to the Sheyenne
River, except that the funds shall not become available unless
the Secretary of the Army determines that an emergency (as defined
in section 102 of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5122)) exists with respect to the
emergency need for the outlet and reports to Congress that the
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construction is technically sound, economically justified, and
environmentally acceptable, and in compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.): Provided
further, That the economic justification for the emergency outlet
shall be prepared in accordance with the principles and guidelines
for economic evaluation as required by regulations and procedures
of the Army Corps of Engineers for all flood control projects, and
that the economic justification be fully described, including the
analysis of the benefits and costs, in the project plan documents:
Provided further, That the plans for the emergency outlet shall
be reviewed and, to be effective, shall contain assurances provided
by the Secretary of State, after consultation with the International
Joint Commission, that the project will not violate the requirements
or intent of the Treaty Between the United States and Great
Britain Relating to Boundary Waters Between the United States
and Canada, signed at Washington, January 11, 1909 (36 Stat.
2448; TS 548) (commonly known as the ‘‘Boundary Waters Treaty
of 1909’’): Provided further, That the Secretary of the Army shall
submit the final plans and other documents for the emergency
outlet to Congress: Provided further, That no funds made available
under this Act or any other Act for any fiscal year may be used
by the Secretary of the Army to carry out the portion of the
feasibility study of the Devils Lake Basin, North Dakota, authorized
under the Energy and Water Development Appropriations Act, 1993
(Public Law 102–377), that addresses the needs of the area for
stabilized lake levels through inlet controls, or to otherwise study
any facility or carry out any activity that would permit the transfer
of water from the Missouri River Basin into Devils Lake.
FLOOD
CONTROL, MISSISSIPPI
RIVER
AND
TRIBUTARIES, ARKANSAS,
ILLINOIS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND TEN-
NESSEE
For expenses necessary for prosecuting work of flood control,
and 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), $347,731,000, to remain available
until expended: Provided, That the Secretary of the Army is directed
to complete his analysis and determination of Federal maintenance
of the Greenville Inner Harbor, Mississippi navigation project in
accordance with section 509 of the Water Resources Development
Act of 1996.
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, $1,901,959,000, 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
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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, from the funds provided
herein for the operation and maintenance of New York Harbor,
New York, is directed to prepare the necessary documentation and
initiate removal of submerged obstructions and debris in the area
previously marked by the Ambrose Light Tower in the interest
of safe navigation: Provided further, That the Secretary of the
Army is directed to use $500,000 of funds appropriated herein
to remove and reinstall the docks and causeway, in kind, at Astoria
East Boat Basin, Oregon: Provided further, That $500,000 of the
funds appropriated herein for the Ohio River Open Channel, Illinois,
Kentucky, Indiana, Ohio, West Virginia, and Pennsylvania, project,
are provided for the Secretary of the Army, acting through the
Chief of Engineers, to dredge a channel from the mouth of Wheeling
Creek to Tunnel Green Park in Wheeling, West Virginia.
REGULATORY PROGRAM
For expenses necessary for administration of laws pertaining
to regulation of navigable waters and wetlands, $125,000,000, 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: (1) by March 1, 2001, supplement
the report, Cost Analysis For the 1999 Proposal to Issue and Modify
Nationwide Permits, to reflect the Nationwide Permits actually
issued on March 9, 2000, including changes in the acreage limits,
preconstruction notification requirements and general conditions
between the rule proposed on July 21, 1999, and the rule promul-
gated and published in the Federal Register; (2) after consideration
of the cost analysis for the 1999 proposal to issue and modify
nationwide permits and the supplement prepared pursuant to this
Act and by September 30, 2001, prepare, submit to Congress and
publish in the Federal Register a Permit Processing Management
Plan by which the Corps of Engineers will handle the additional
work associated with all projected increases in the number of indi-
vidual permit applications and preconstruction notifications related
to the new and replacement permits and general conditions. The
Permit Processing Management Plan shall include specific objective
goals and criteria by which the Corps of Engineers’ progress towards
reducing any permit backlog can be measured; (3) beginning on
December 31, 2001, and on a biannual basis thereafter, report
to Congress and publish in the Federal Register, an analysis of
the performance of its program as measured against the criteria
set out in the Permit Processing Management Plan; (4) implement
a 1-year pilot program to publish quarterly on the U.S. Army
Corps of Engineer’s Regulatory Program website all Regulatory
Analysis and Management Systems (RAMS) data for the South
Pacific Division and North Atlantic Division beginning within 30
days of the enactment of this Act; and (5) publish in Division
Office websites all findings, rulings, and decisions rendered under
the administrative appeals process for the Corps of Engineers Regu-
latory Program as established in Public Law 106–60: Provided
further, That, through the period ending on September 30, 2003,
the Corps of Engineers shall allow any appellant to keep a verbatim
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record of the proceedings of the appeals conference under the afore-
mentioned administrative appeals process: Provided further, That
within 30 days of the enactment of this Act, the Secretary of
the Army, acting through the Chief of Engineers, shall require
all U.S. Army Corps of Engineers Divisions and Districts to record
the date on which a section 404 individual permit application or
nationwide permit notification is filed with the Corps of Engineers:
Provided further, That the Corps of Engineers, when reporting
permit processing times, shall track both the date a permit applica-
tion is first received and the date the application is considered
complete, as well as the reason that the application is not considered
complete upon first submission.
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 Coastal Engineering
Research Board, the Humphreys Engineer Center Support Activity,
the Water Resources Support Center, and headquarters support
functions at the USACE Finance Center, $152,000,000, to remain
available until expended: Provided, That no part of any other appro-
priation 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.
REVOLVING FUND
Amounts in the Revolving Fund are available for the costs
of relocating the U.S. Army Corps of Engineers headquarters to
office space in the General Accounting Office headquarters building
in Washington, D.C.
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) The Secretary of the Army shall enter into an
agreement with the City of Grand Prairie, Texas, wherein the
City agrees to assume all of the responsibilities of the Trinity
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RESCISSIONS
DEFENSE NUCLEAR WASTE DISPOSAL
(RESCISSION)
Of the funds appropriated in Public Law 104–46 for interim
storage of nuclear waste, $75,000,000 are transferred to this
heading and are hereby rescinded.
DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION
(RESCISSION)
Of the funds appropriated in Public Law 106–60 and prior
Energy and Water Development Acts for the Tank Waste Remedi-
ation System at Richland, Washington, $97,000,000 of unexpended
balances of prior appropriations are rescinded.
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 unless
such contract is awarded using competitive procedures or the Sec-
retary 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, amendment,
or modification for which the Secretary intends to grant such a
waiver, the Secretary shall submit to the Subcommittees on Energy
and Water Development of the Committees on Appropriations of
the House of Representatives and the Senate a report notifying
the subcommittees of the waiver and setting forth the reasons
for the waiver.
SEC. 302. None of the funds appropriated by this Act may
be used to—
(1) develop or implement a workforce restructuring plan
that covers employees of the Department of Energy; or
(2) provide enhanced severance payments or other benefits
for employees of the Department of Energy,
under section 3161 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2644; 42 U.S.C.
7274h).
SEC. 303. None of the funds appropriated by this Act may
be used to augment the $24,500,000 made available for obligation
by this Act for severance payments and other benefits and commu-
nity assistance grants under section 3161 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106
Stat. 2644; 42 U.S.C. 7274h) unless the Department of Energy
submits a reprogramming 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 (RFPs) for
a program if the program has not been funded by Congress.