449
acres as generally depicted as Tract 15–116 on the map
entitled ‘‘Acadia National Park Schoodic Point Area’’,
numbered 123/80,418 and dated May 2001. The map
shall be on file and available for inspection in the appro-
priate offices of the National Park Service.
(2) The transfer authorized by this subsection shall
occur, if at all, concurrently with the reversion of adminis-
trative jurisdiction of a parcel of real property consisting
of approximately 71 acres, as depicted as Tract 15–115
on the map referred to in paragraph (1), from the Sec-
retary of the Navy to the Secretary of the Interior as au-
thorized by Public Law 80–260 (61 Stat. 519) and to be
executed on or about June 30, 2002.
(b) CONVEYANCE OF COREA AND WINTER HARBOR
PROPERTIES AUTHORIZED.—The Secretary of the Navy
may convey, without consideration, to the State of Maine,
any political subdivision of the State of Maine, or any tax-
supported agency in the State of Maine, all right, title,
and interest of the United States in and to any of the
parcels of real property, including any improvements
thereon and appurtenances thereto, consisting of approxi-
mately 485 acres and comprising the former facilities of
the Naval Security Group Activity, Winter Harbor, Maine,
located in Hancock County, Maine, except for the real
property described in subsection (a)(1).
450
(c) TRANSFER OF PERSONAL PROPERTY.—The Sec-
retary of the Navy shall transfer, without consideration,
to the Secretary of the Interior in the case of the real
property transferred under subsection (a), or to any recipi-
ent of such real property in the case of real property con-
veyed under subsection (b), any or all personal property
associated with such real property so transferred or con-
veyed, including—
(1) the ambulances and any fire trucks or other
firefighting equipment; and
(2) any personal property required to continue
the maintenance of the infrastructure of such real
property, including the generators and an uninter-
rupted power supply in building 154 at the Corea
site.
(d) MAINTENANCE OF PROPERTY PENDING CONVEY-
ANCE.—The Secretary of the Navy shall maintain any real
property, including any improvements thereon, appur-
tenances thereto, and supporting infrastructure, to be con-
veyed under subsection (b) until the earlier of—
(1) the date of the conveyance of such real
property under subsection (b); or
(2) September 30, 2003.
(e) INTERIM LEASE.—(1) Until such time as any par-
cel of real property to be conveyed under subsection (b)
451
is conveyed by deed under that subsection, the Secretary
of the Navy may lease such parcel to any person or entity
determined by the Secretary to be an appropriate lessee
of such parcel.
(2) The amount of rent for a lease under paragraph
(1) shall be the amount determined by the Secretary to
be appropriate, and may be an amount less than the fair
market value of the lease.
(f) REIMBURSEMENT
FOR ENVIRONMENTAL
AND
OTHER ASSESSMENTS.—(1) The Secretary of the Navy
may require each recipient of real property conveyed under
subsection (b) to reimburse the Secretary for the costs in-
curred by the Secretary for any environmental assessment,
study, or analysis carried out by the Secretary with re-
spect to such property before completing the conveyance
under that subsection.
(2) The amount of any reimbursement required under
paragraph (1) shall be determined by the Secretary, but
may not exceed the cost of the assessment, study, or anal-
ysis for which reimbursement is required.
(3) Section 2695(c) of title 10, United States Code,
shall apply to any amount received by the Secretary under
this subsection.
(g) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the real property transferred
452
under subsection (a), and each parcel of real property con-
veyed under subsection (b), shall be determined by a sur-
vey satisfactory to the Secretary of the Navy. The cost
of any survey under the preceding sentence for real prop-
erty conveyed under subsection (b) shall be borne by the
recipient of the real property.
(h) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary of the Navy may require such additional terms
and conditions in connection with any conveyance under
subsection (b), and any lease under subsection (e), as the
Secretary considers appropriate to protect the interests of
the United States.
PART III—AIR FORCE CONVEYANCES
SEC. 2851. WATER RIGHTS CONVEYANCE, ANDERSEN AIR
FORCE BASE, GUAM.
(a) AUTHORITY TO CONVEY.—In conjunction with
the conveyance of the water supply system for Anderson
Air Force Base, Guam, under the authority of section
2688 of title 10, United States Code, and in accordance
with all the requirements of that section, the Secretary
of the Air Force may convey all right, title, and interest
of the United States, or such lesser estate as the Secretary
considers appropriate to serve the interests of the United
States, in the water rights related to the following Air
Force properties located on Guam:
453
(1) Andy South, also known as the Andersen
Administrative Annex.
(2) Marianas Bonins Base Command.
(3) Andersen Water Supply Annex, also known
as the Tumon Water Well or the Tumon Maui Well.
(b) ADDITIONAL REQUIREMENTS.—The Secretary
may exercise the authority contained in subsection (a) only
if—
(1) the Secretary determines that adequate sup-
plies of potable groundwater exist under the main
base and northwest field portions of Andersen Air
Force Base to meet the current and long-term re-
quirements of the installation for water;
(2) the Secretary determines that such supplies
of groundwater are economically obtainable; and
(3) the Secretary requires the conveyee of the
water rights under subsection (a) to provide a water
system capable of meeting the water supply needs of
the main base and northwest field portions of Ander-
son Air Force Base, as determined by the Secretary.
(c) INTERIM WATER SUPPLIES.—If the Secretary de-
termines that it is in the best interests of the United
States to transfer title to the water rights and utility sys-
tems at Andy South and Andersen Water Supply Annex
before placing into service a replacement water system and
454
well field on Andersen Air Force Base, the Secretary may
require that the United States have the primary right to
all water produced from Andy South and Andersen Water
Supply Annex until the replacement water system and well
field is placed into service and operates to the satisfaction
of the Secretary. In exercising the authority provided by
this subsection, the Secretary may retain a reversionary
interest in the water rights and utility systems at Andy
South and Andersen Water Supply Annex until such time
as the new replacement water system and well field is
placed into service and operates to the satisfaction of the
Secretary.
(d) SALE OF EXCESS WATER AUTHORIZED.—(1) As
part of the conveyance of water rights under subsection
(a), the Secretary may authorize the conveyee of the water
system to sell to public or private entities such water from
Andersen Air Force Base as the Secretary determines to
be excess to the needs of the United States. In the event
the Secretary authorizes the conveyee to resell water, the
Secretary shall negotiate a reasonable return to the United
States of the value of such excess water sold by the
conveyee, which return the Secretary may receive in the
form of reduced charges for utility services provided by
the conveyee.
455
(2) If the Secretary cannot meet the requirements of
subsection (b), and the Secretary determines to proceed
with a water utility system conveyance under section 2688
of title 10, United States Code, without the conveyance
of water rights, the Secretary may provide in any such
conveyance that the conveyee of the water system may sell
to public or private entities such water from Andy South
and Andersen Water Supply Annex as the Secretary deter-
mines to be excess to the needs of the United States. The
Secretary shall negotiate a reasonable return to the United
States of the value of such excess water sold by the
conveyee, which return the Secretary may receive in the
form of reduced charges for utility services provided by
the conveyee.
(e) TREATMENT OF WATER RIGHTS.—For purposes
of section 2688 of title 10, United States Code, the water
rights referred to in subsection (a) shall be considered as
part of a utility system (as that term is defined in sub-
section (h)(2) of such section).
SEC. 2852. REEXAMINATION OF LAND CONVEYANCE, LOWRY
AIR FORCE BASE, COLORADO.
The Secretary of the Air Force shall reevaluate the
terms and conditions of the pending negotiated sale agree-
ment with the Lowry Redevelopment Authority for certain
real property at Lowry Air Force Base, Colorado, in light
456
of changed circumstances regarding the property, includ-
ing changes in the flood plain designations affecting some
of the property, to determine whether the changed cir-
cumstances warrant a reduction in the amount of consid-
eration otherwise required under the agreement or other
modifications to the agreement.
SEC. 2853. LAND CONVEYANCE, DEFENSE FUEL SUPPORT
POINT, FLORIDA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of
the Air Force may convey, without consideration, to Flor-
ida State University, all right, title and interest of the
United States in and to a parcel of real property known
as ‘‘Defense Fuel Support Point’’, including any improve-
ments thereon, located in Lynn Haven, Florida, and con-
sisting of approximately 200 acres for the purpose of es-
tablishing a National Coastal Research Center.
(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. The cost of the survey shall be
borne by the Secretary.
(c) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection
457
(a) as the Secretary considers appropriate to protect the
interests of the United States.
Subtitle E—Other Matters
SEC. 2861. TRANSFER OF JURISDICTION FOR DEVELOP-
MENT OF ARMED FORCES RECREATION FA-
CILITY, PARK CITY, UTAH.
(a) TRANSFER REQUIRED.—(1) The Secretary of the
Interior shall transfer, without reimbursement, to the ad-
ministrative jurisdiction of the Secretary of the Air Force
a parcel of real property in Park City, Utah, including
any improvements thereon, that consists of approximately
35 acres, is located in township 2 south, range 4 east,
Salt Lake meridian, and is designated as parcel 3 by the
Bureau of Land Management.
(2) The transfer shall be subject to existing rights,
except that the Secretary of the Interior shall terminate
any lease with respect to the parcel issued under the Act
of June 14, 1926 (commonly known as the Recreation and
Public Purposes Act; 43 U.S.C. 689 et seq.), and still in
effect as of the date of the enactment of this Act.
(3) The transfer required by this subsection shall be
completed not later than one year after the date of the
enactment of this Act.
(b) USE OF TRANSFERRED LAND.—(1) The Sec-
retary of the Air Force may use the real property trans-
458
ferred under subsection (a) as the location for an armed
forces recreation facility to be developed using non-
appropriated funds.
(2) The Secretary of the Air Force may return the
transferred property (or property acquired in exchange for
the transferred property under subsection (c)) to the ad-
ministrative jurisdiction of the Secretary of the Interior
at any time upon certifying that development of the armed
forces recreation facility would not be in the best interests
of the Government.
(c) SUBSEQUENT CONVEYANCE AUTHORITY.—(1) In
lieu of developing the armed forces recreation facility on
the real property transferred under subsection (a), the
Secretary of the Air Force may convey or lease the prop-
erty to the State of Utah, a local government, or a private
entity in exchange for other property to be used as the
site of the facility.
(2) The values of the properties exchanged by the
Secretary under this subsection either shall be equal, or
if they are not equal, the values shall be equalized by the
payment of money to the grantor or to the Secretary as
the circumstances require. The conveyance or lease shall
be on such other terms as the Secretary of the Air Force
considers to be advantageous to the development of the
facility.
459
(d) ALTERNATIVE DEVELOPMENT AUTHORITY.—The
Secretary of the Air Force may lease the real property
transferred under subsection (a), or any property acquired
pursuant to subsection (c), to another party and may
enter into a contract with the party for the design, con-
struction, and operation of the armed forces recreation fa-
cility. The Secretary of the Air Force may authorize the
contractor to operate the facility as both a military and
a commercial operation if the Secretary determines that
such an authorization is a necessary incentive for the con-
tractor to agree to design, construct, and operate the facil-
ity.
(e) LEGAL DESCRIPTION.—The exact acreage and
legal description of the real property to be transferred
under subsection (a) shall be determined by a survey. The
cost of the survey shall be borne by the Secretary of the
Air Force.
SEC. 2862. SELECTION OF SITE FOR UNITED STATES AIR
FORCE 
MEMORIAL 
AND 
RELATED 
LAND
TRANSFERS FOR THE IMPROVEMENT OF AR-
LINGTON NATIONAL CEMETERY, VIRGINIA.
(a) DEFINITIONS.—In this section:
(1) The term ‘‘Arlington Naval Annex’’ means
the parcel of Federal land located in Arlington
County, Virginia, that is subject to transfer to the
460
administrative jurisdiction of the Secretary of the
Army under section 2881 of the Military Construc-
tion Authorization Act for Fiscal Year 2000 (divi-
sion B of Public Law 106–65; 113 Stat. 879).
(2) The term ‘‘Foundation’’ means the Air
Force Memorial Foundation, which was authorized
in Public Law 103–163 (107 Stat. 1973; 40 U.S.C.
1003 note) to establish a memorial in the District
of Columbia or its environs to honor the men and
women who have served in the United States Air
Force and its predecessors.
(3) The term ‘‘Air Force Memorial’’ means the
United States Air Force Memorial to be established
by the Foundation.
(4) The term ‘‘Arlington Ridge tract’’ means
the parcel of Federal land in Arlington County, Vir-
ginia, known as the Nevius Tract and transferred to
the Department of the Interior in 1953, that is
bounded generally by—
(A) Arlington Boulevard (United States
Route 50) to the north;
(B) Jefferson Davis Highway (Virginia
Route 110) to the east;
(C) Marshall Drive to the south; and
(D) North Meade Street to the west.
461
(5) The term ‘‘Section 29’’ means a parcel of
Federal land in Arlington County, Virginia, that is
currently administered by the Secretary of the Inte-
rior within the boundaries of Arlington National
Cemetery and is identified as ‘‘Section 29’’.
(b) OFFER
OF PORTION
OF ARLINGTON NAVAL
ANNEX AS SITE FOR AIR FORCE MEMORIAL.—Within 60
days after the date of the enactment of this Act, the Sec-
retary of Defense shall offer to the Foundation an option
to use, without reimbursement, up to three acres of the
Arlington Naval Annex as the site within which the Foun-
dation will construct the Air Force Memorial. The offered
acreage shall include the promontory adjacent to, and the
land underlying, Wing 8 of Federal Office Building #2
in the northeast quadrant of the Arlington Naval Annex.
(c) ACCEPTANCE OR REJECTION OF OFFER.—
(1) DEADLINE.—Within 90 days after the date
on which the Secretary of Defense makes the offer
required by subsection (b), the Foundation shall pro-
vide written notice to the Secretary of the decision
of the Foundation to accept or decline the offer.
(2) EFFECT OF ACCEPTANCE.—Subject to sub-
section (d), if the Foundation accepts the offer of
the Secretary of Defense, the Foundation shall relin-
quish all claims to the previously approved location
462
for the Air Force Memorial. No other commemora-
tive work may thereafter be established on the Ar-
lington Naval Annex property.
(3) EFFECT OF REJECTION.—If the Foundation
declines the offer of the Secretary of Defense, the
Foundation may resume its efforts to construct the
Air Force Memorial on the Arlington Ridge tract
from the farthest point of progress. Any administra-
tive record compiled during previous proceedings re-
lated to the siting of the memorial on the Arlington
Ridge tract pursuant to Public Law 103–163 (40
U.S.C. 1003 note), shall be preserved, and all dead-
lines tolled, while the Foundation is considering the
offer of a site for the memorial within the Arlington
Naval Annex.
(d) PREPARATION FOR AND CONSTRUCTION OF AIR
FORCE MEMORIAL.—
(1) PREPARATION
FOR
CONSTRUCTION.—Not
later than two years after the date on which the
Foundation accepts the offer made under subsection
(b) and has available sufficient funds to construct
the Air Force Memorial, the Secretary of Defense, in
coordination with the Foundation, shall remove all
structures and prepare the Arlington Naval Annex
463
site for use as may be necessary to permit construc-
tion of the memorial and appropriate access.
(2) CONSTRUCTION OF MEMORIAL.—Upon the
removal of structures and preparation of the prop-
erty for use as required by paragraph (1), the Sec-
retary of Defense shall permit the Foundation to
commence construction of the Air Force Memorial
on the Arlington Naval Annex site.
(3) RELATION TO OTHER TRANSFER AUTHOR-
ITY.—Nothing in this section alters the deadline for
transfer of the Arlington Naval Annex to the Sec-
retary of the Army and remediation of the trans-
ferred land for use as part of Arlington National
Cemetery, as required by section 2881 of the Mili-
tary Construction Authorization Act for Fiscal Year
2000.
(4) OVERSIGHT.—The Secretary of Defense
shall have exclusive authority in all matters relating
to approval of the siting and design of the Air Force
Memorial on the Arlington Naval Annex site, and
the siting, design, and construction of the memorial
on such site shall not be subject to the requirements
of the Commemorative Works Act (40 U.S.C. 1001
et seq.).
464
(e) ACCESS AND MANAGEMENT OF RESULTING AIR
FORCE MEMORIAL.—The Secretary of the Army may
enter into a cooperative agreement with the Foundation
to provide for management of the Air Force Memorial con-
structed on the Arlington Naval Annex site and to guar-
antee public access to the memorial.
(f) LAND TRANSFER, ARLINGTON RIDGE TRACT.—
(1) TRANSFER
REQUIRED.—Within 30 days
after the date of the enactment of this Act, the Sec-
retary of the Interior shall transfer, without reim-
bursement, to the Secretary of the Army administra-
tive jurisdiction over the Arlington Ridge tract.
(2) USE OF LAND.—The Secretary of the Army
shall incorporate the Arlington Ridge tract into Ar-
lington National Cemetery and may designate and
use up to 15 acres of that portion of the tract east
of the Netherlands Carillon and Marine Corps Me-
morial as new in-ground burial sites, for both full
casket and cremated remains, for the burial of eligi-
ble individuals in Arlington National Cemetery. Bur-
ial sites shall not be developed within 50 feet of the
pathway, in existence as of the date of the enact-
ment of this Act, that connects the Netherlands Car-
illon and the Marine Corps Memorial or the existing
roadway that circles the Marine Corps Memorial. No
465
other structures shall be permitted on the Arlington
Ridge tract.
(3) ACCESS
AND
MANAGEMENT
OF
EXISTING
MEMORIALS.—The Secretary of the Army and the
Secretary of the Interior shall enter into a coopera-
tive agreement to continue National Park Service
management of the Netherlands Carillon and the
Marine Corps Memorial and to guarantee public ac-
cess to these locations.
(g) LAND TRANSFER, SECTION 29.—
(1) TRANSFER
REQUIRED.—Within 30 days
after the date of the enactment of this Act, the Sec-
retary of the Interior shall transfer, without reim-
bursement, to the Secretary of the Army administra-
tive jurisdiction over that portion of Section 29 lo-
cated more than 50 feet from Sherman Drive and lo-
cated between Ord and Weitzel Drive and the south-
ern boundary of Section 29.
(2) USE OF LAND.—The Secretary of the Army
shall use the transferred property only for the devel-
opment of in-ground burial sites and columbarium
which are designed to meet the contours of Section
29. The Secretary of the Army shall preserve the
natural setting of the parcel and the mature trees on
466
the parcel to the greatest extent practicable while
providing for its efficent use as burial space.
(3) MANAGEMENT OF REMAINDER.—The Sec-
retary of the Army and the Secretary of the Interior
shall enter into a cooperative agreement to continue
National Park Service management of that portion
of Section 29 that is not transferred under this sub-
section to provide a natural setting and visual buffer
for Arlington House, the Robert E. Lee Memorial.
(h) REMOVAL OF ARLINGTON NAVAL ANNEX AS POS-
SIBLE NATIONAL MILITARY MUSEUM SITE.—
(1) EXISTING NAVY ANNEX TRANSFER.—Sec-
tion 2881 of the Military Construction Authorization
Act for Fiscal Year 2000 (division B of Public Law
106–65; 113 Stat. 879) is amended—
(A) in subsection (b)—
(i) by striking ‘‘(1) Subject to para-
graph (2), the’’ and inserting ‘‘The’’; and
(ii) by striking paragraph (2);
(B) by striking subsections (d), (e), and
(f); and
(C) by redesignating subsections (g) and
(h) as subsections (d) and (e), respectively.
(2) COMMISSION ON NATIONAL MILITARY MU-
SEUM.—Section 2902 of the Military Construction
467
Authorization Act for Fiscal Year 2000 (division B
of Public Law 106–65; 113 Stat. 881; 10 U.S.C.
111 note) is amended by striking subsection (d) and
inserting the following new subsection:
‘‘(d) PROHIBITION ON CONSIDERATION OF ARLING-
TON NAVAL ANNEX.—The Commission may not consider
any portion of the Navy Annex property described in sec-
tion 2881 as a possible site for a national military mu-
seum.’’.
SEC. 2863. MANAGEMENT OF THE PRESIDIO OF SAN FRAN-
CISCO.
(a) AUTHORITY TO LEASE CERTAIN HOUSING UNITS
FOR USE AS ARMY HOUSING.—Title I of division I of the
Omnibus Parks and Public Lands Management Act of
1996 (Public Law 104–333; 16 U.S.C. 460bb note) is
amended by adding at the end the following new section:
‘‘SEC. 107. CONDITIONAL AUTHORITY TO LEASE CERTAIN
HOUSING UNITS WITHIN THE PRESIDIO.
‘‘(a) AVAILABILITY OF HOUSING UNITS FOR LONG-
TERM ARMY LEASE.—Subject to subsection (c), the Trust
shall make available for lease, to those persons designated
by the Secretary of the Army and for such length of time
as requested by the Secretary of the Army, 22 housing
units located within the Presidio that are under the ad-
ministrative jurisdiction of the Trust and specified in the
468
agreement between the Trust and the Secretary of the
Army in existence as of the date of the enactment of this
section.
‘‘(b) LEASE AMOUNT.—The monthly amount charged
by the Trust for the lease of a housing unit under this
section shall be equivalent to the monthly rate of the basic
allowance for housing that the occupant of the housing
unit is entitled to receive under section 403 of title 37,
United States Code.
‘‘(c) CONDITION ON CONTINUED AVAILABILITY OF
HOUSING UNITS.—Effective after the end of the four-year
period beginning on the date of the enactment of this sec-
tion, the Trust shall have no obligation to make housing
units available under subsection (a) unless, during that
four-year period, the Secretary of the Treasury purchases
new obligations of at least $80,000,000 issued by the
Trust under section 104(d)(2). In the event that this con-
dition is not satisfied, the existing agreement referred to
in subsection (a) shall be renewed on the same terms and
conditions for an additional two years.’’.
(b) INCREASED BORROWING AUTHORITY AND TECH-
NICAL CORRECTIONS.—Paragraphs (2) and (3) of section
104(d) of title I of division I of the Omnibus Parks and
Public Lands Management Act of 1996, as amended by
section 334 of appendix C of Public Law 106–113 (113
469
Stat. 1501A–199) and amended and redesignated by sec-
tion 101(13) of Public Law 106–176 (114 Stat. 25), are
amended—
(1) in paragraph (2), by striking ‘‘including a
review of the creditworthiness of the loan and estab-
lishment of a repayment schedule,’’ the second place
it appears; and
(2) in paragraph (3)—
(A) by striking ‘‘$50,000,000’’ and insert-
ing ‘‘$150,000,000’’; and
(B) by striking ‘‘paragraph (3) of’’.
SEC. 2864. EFFECT OF LIMITATION ON CONSTRUCTION OF
ROADS OR HIGHWAYS, MARINE CORPS BASE,
CAMP PENDLETON, CALIFORNIA.
Section 2851 of the Military Construction Authoriza-
tion Act for Fiscal Year 1999 (division B of Public Law
105–261; 112 Stat. 2219), as amended by section 2881
of the Spence Act (114 Stat. 1654A–438), is amended by
adding at the end the following new subsection:
‘‘(g) LIMITATION ON CONSTRUCTION OF ROADS OR
HIGHWAYS.—If a State law enacted after January 1,
2001, directly or indirectly prohibits or restricts the con-
struction or approval of a road or highway within the ease-
ment granted under this section, the State law shall not
470
be effective with respect to such construction or ap-
proval.’’.
SEC. 2865. ESTABLISHMENT OF WORLD WAR II MEMORIAL
AT ADDITIONAL LOCATION ON GUAM.
Section 2886 of the Military Construction Authoriza-
tion Act for Fiscal Year 2001 (division B of the Spence
Act; 114 Stat. 1654A–441) is amended—
(1) in subsection (a), by inserting ‘‘, and on
Federal lands near Yigo,’’ after ‘‘Fena Caves’’;
(2) in the heading of subsection (b), by striking
‘‘MEMORIAL’’ and inserting ‘‘MEMORIALS’’; and
(3) in subsections (b) and (c), by striking ‘‘me-
morial’’ each place it appears and inserting ‘‘memo-
rials’’.
SEC. 2866. ADDITIONAL EXTENSION OF DEMONSTRATION
PROJECT FOR PURCHASE OF FIRE, SECU-
RITY, POLICE, PUBLIC WORKS, AND UTILITY
SERVICES FROM LOCAL GOVERNMENT AGEN-
CIES.
Section 816(c) of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat.
2820), as added by section 2873 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
(Public Law 105–261; 112 Stat. 2225), is amended by
inserting before the period at the end the following: ‘‘, with
471
regard to fire-fighting and police services, and September
30, 2003, with regard to other services described in under
subsection (a)’’.
SEC. 
2867. 
CONVEYANCE 
OF 
AVIGATION 
EASEMENTS,
FORMER NORTON AIR FORCE BASE, CALI-
FORNIA.
The Administrator of General Services shall convey,
without consideration, to the Inland Valley Development
Agency (the redevelopment authority for former Norton
Air Force Base, California) two avigation easements (iden-
tified as APN 289–231–08 and APN 289–232–08) held
by the United States.
SEC. 2868. REPORT ON OPTIONS TO PROMOTE ECONOMIC
DEVELOPMENT IN COMMUNITY ADJACENT
TO UNITED STATES MILITARY ACADEMY, NEW
YORK.
(a) REPORT REQUIRED.—Not later than February 1,
2002, the Secretary of the Army shall submit to Congress
a report evaluating various options by which the Secretary
may promote economic development in the Village of
Highland Falls, New York, which is located adjacent to
the United States Military Academy.
(b) SPECIFIC CONSIDERATION
OF CERTAIN OP-
TIONS.—Among the options evaluated under subsection
(a), the Secretary shall specifically address the following:
472
(1) The fee simple conveyance of real property
under the jurisdiction of the Secretary in the Town
of Highlands, New York, to the Village, without con-
sideration, for the purpose of permitting the Village
to use the property to promote economic develop-
ment.
(2) Use by the Secretary of the authority under
section 2667 of title 10, United States Code, to
make non-excess real property under the jurisdiction
of the Secretary available to the Village for such
purpose.
TITLE XXIX—FORT IRWIN
MILITARY LAND WITHDRAWAL
SEC. 2901. SHORT TITLE.
This title may be cited as the ‘‘Fort Irwin Military
Land Withdrawal Act of 2001’’.
SEC. 2902. WITHDRAWAL AND RESERVATION OF LANDS FOR
NATIONAL TRAINING CENTER.
(a) WITHDRAWAL.—Subject to valid existing rights
and except as otherwise provided in this title, all public
lands and interests in lands described in subsection (c)
are hereby withdrawn from all forms of appropriation
under the general land laws, including the mining laws
and mineral and geothermal leasing laws, and jurisdiction
over such lands and interests in lands withdrawn and re-
473
served by this title is hereby transferred to the Secretary
of the Army.
(b) RESERVATION.—The lands withdrawn under sub-
section (a) are reserved for use by the Secretary of the
Army for the following purposes:
(1) The conduct of combined arms military
training at the National Training Center.
(2) The development and testing of military
equipment at the National Training Center.
(3) Other defense-related purposes consistent
with the purposes specified in paragraphs (1) and
(2).
(4) Conservation and related research purposes.
(c) LAND DESCRIPTION.—The public lands and in-
terests in lands withdrawn and reserved by this section
comprise approximately 110,000 acres in San Bernardino
County, California, as generally depicted as ‘‘Proposed
Withdrawal Land’’ on the map entitled ‘‘National Train-
ing Center—Proposed Withdrawal of Public Lands for
Training Purposes,’’ dated September 21, 2000, and filed
in accordance with section 2903.
(d) CHANGES IN USE.—The Secretary of the Army
shall consult with the Secretary of the Interior before
using the lands withdrawn and reserved by this section
474
for any purpose other than those purposes identified in
subsection (b).
(e) INDIAN TRIBES.—Nothing in this title shall be
construed as altering any rights reserved for tribal use by
treaty or Federal law. The Secretary of the Army shall
consult with federally recognized Indian tribes in the vicin-
ity of the lands withdrawn under subsection (a) before tak-
ing action affecting rights or cultural resources protected
by treaty or Federal law.
SEC. 2903. MAP AND LEGAL DESCRIPTION.
(a) PREPARATION OF MAP AND LEGAL DESCRIP-
TION.—As soon as practicable after the date of the enact-
ment of this Act, the Secretary of the Interior shall—
(1) publish in the Federal Register a notice
containing the legal description of the lands with-
drawn and reserved by this title; and
(2) file a map and legal description of the lands
withdrawn and reserved by this title with the Com-
mittee on Energy and Natural Resources of the Sen-
ate and the Committee on Resources of the House
of Representatives.
(b) LEGAL EFFECT.—The map and legal description
shall have the same force and effect as if included in this
title, except that the Secretary of the Interior may correct
475
clerical and typographical errors in the map and legal de-
scription.
(c) AVAILABILITY.—Copies of the map and the legal
description shall be available for public inspection in the
following offices:
(1) The offices of the California State Director,
California Desert District Office, and Riverside and
Barstow Field Offices of the Bureau of Land Man-
agement.
(2) The Office of the Commander, National
Training Center and Fort Irwin.
(d) COSTS.—The Secretary of the Army shall reim-
burse the Secretary of the Interior for the costs incurred
by the Secretary of the Interior in implementing this sec-
tion.
SEC. 2904. MANAGEMENT OF WITHDRAWN AND RESERVED
LANDS.
(a) GENERAL MANAGEMENT AUTHORITY.—During
the period of the withdrawal and reservation made by this
title, the Secretary of the Army shall manage the lands
withdrawn and reserved by this title for the purposes spec-
ified in section 2902.
(b) TEMPORARY PROHIBITION ON CERTAIN USE.—
Military use of the lands withdrawn and reserved by this
title that result in ground disturbance, as determined by
476
the Secretary of the Army and the Secretary of the Inte-
rior, are prohibited until the Secretary of the Army and
the Secretary of the Interior certify to Congress that there
has been full compliance with respect to such lands with
the appropriate provisions of this title, the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), and other applicable laws.
(c) ACCESS RESTRICTIONS.—
(1) IN GENERAL.—If the Secretary of the Army
determines that military operations, public safety, or
national security require the closure to the public of
any road, trail, or other portion of the lands with-
drawn and reserved by this title, the Secretary may
take such action as the Secretary determines nec-
essary or desirable to effect and maintain such clo-
sure.
(2) LIMITATION.—Any closure under paragraph
(1) shall be limited to the minimum areas and peri-
ods that the Secretary of the Army determines are
required for the purposes specified in such para-
graph.
(3) NOTICE.—Immediately preceding and dur-
ing any closure under paragraph (1), the Secretary
of the Army shall post appropriate warning notices
477
and take other steps, as necessary, to notify the
public of the closure.
(d) INTEGRATED NATURAL RESOURCES MANAGE-
MENT PLAN.—The Secretary of the Army shall prepare
and implement, in accordance with title I of the Sikes Act
(16 U.S.C. 670 et seq.), an integrated natural resources
management plan for the lands withdrawn and reserved
by this title. In addition to the elements required under
the Sikes Act, the integrated natural resources manage-
ment plan shall include the following:
(1) A requirement that any hunting, fishing,
and trapping on the lands withdrawn and reserved
by this title be conducted in accordance with section
2671 of title 10, United States Code.
(2) A requirement that the Secretary of the
Army take necessary actions to prevent, suppress,
and manage brush and range fires occurring within
the boundaries of Fort Irwin and brush and range
fires occurring outside the boundaries of Fort Irwin
that result from military activities at Fort Irwin.
(e) FIREFIGHTING.—Notwithstanding section 2465
of title 10, United States Code, the Secretary of the Army
may obligate funds appropriated or otherwise available to
the Secretary of the Army to enter into a memorandum
of understanding, cooperative agreement, or contract for
478
fire fighting services to carry out the requirements of sub-
section (d)(2). The Secretary of the Army shall reimburse
the Secretary of the Interior for costs incurred by the Sec-
retary of the Interior to assist in carrying out the require-
ments of such subsection.
(f) CONSULTATION WITH NATIONAL AERONAUTICS
AND SPACE ADMINISTRATION.—In preparing and imple-
menting any plan, report, assessment, survey, opinion, or
impact statement regarding the lands withdrawn and re-
served by this title, the Secretary of the Army shall consult
with the Administrator of the National Aeronautics and
Space Administration whenever proposed Army actions
have the potential to affect the operations or the environ-
mental management of the Goldstone Deep Space Com-
munications Complex. The requirement for consultation
shall apply, at a minimum, to the following:
(1) Plans for military training, military equip-
ment testing, or related activities that have the po-
tential 
of 
impacting 
communications 
between
Goldstone Deep Space Communications Complex
and space flight missions or other transmission or
receipt of signals from outer space by the Goldstone
Deep Space Communications Complex.
(2) The integrated natural resources manage-
ment plan required by subsection (d).
479
(3) The West Mojave Coordinated Management
Plan referred to in section 2907.
(4) Any document prepared in compliance with
the Endangered Species Act of 1973, the National
Environmental Policy Act of 1969, and other laws
applicable to the lands withdrawn and reserved by
this title.
(g) USE OF MINERAL MATERIALS.—Notwithstanding
any other provision of this title or the Act of July 31,
1947 (commonly known as the Materials Act of 1947, 30
U.S.C. 601 et seq.), the Secretary of the Army may use
sand, gravel, or similar mineral material resources of the
type subject to disposition under such Act from the lands
withdrawn and reserved by this title if the use of such
resources is required for construction needs of the Na-
tional Training Center.
SEC. 2905. WATER RIGHTS.
(a) NO RESERVED WATER RIGHT ESTABLISHED.—
Nothing in this title shall be construed—
(1) to establish a reservation in favor of the
United States with respect to any water or water
right on the lands withdrawn and reserved by this
title; or
(2) to authorize the appropriation of water on
such lands by the United States after the date of the
480
enactment of this Act, except in accordance with ap-
plicable State law.
(b) EFFECT
ON PREVIOUSLY ACQUIRED
OR RE-
SERVED WATER RIGHTS.—This section shall not be con-
strued to affect any water rights acquired or reserved by
the United States before the date of the enactment of this
Act, and the Secretary of the Army may exercise any such
previously acquired or reserved water rights.
SEC. 2906. ENVIRONMENTAL COMPLIANCE AND ENVIRON-
MENTAL RESPONSE REQUIREMENTS.
(a) AGREEMENT CONCERNING ENVIRONMENT AND
PUBLIC HEALTH.—The Secretary of the Army and the
Secretary of the Interior may enter into such agreements
concerning the environment and public health as are nec-
essary, appropriate, and in the public interest to carry out
the purposes of this title.
(b) RELATION TO OTHER ENVIRONMENTAL LAWS.—
Nothing in this section shall be construed to alter the
rights, responsibilities, and obligations of the Secretary of
the Army or the Secretary of the Interior under the Com-
prehensive Environmental Response, Compensation and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) or other
environmental laws applicable to the lands withdrawn and
reserved by this title.
481
SEC. 2907. WEST MOJAVE COORDINATED MANAGEMENT
PLAN.
(a) COMPLETION.—The Secretary of the Interior
shall make every effort to complete the West Mojave Co-
ordinated Management Plan not later than two years after
the date of the enactment of this Act.
(b) CONSIDERATION
OF WITHDRAWAL
AND RES-
ERVATION IMPACTS.—The Secretary of the Interior shall
ensure that the West Mojave Coordinated Management
Plan considers the impacts of the availability or nonavail-
ability of the lands withdrawn and reserved by this title
on the plan as a whole.
(c) CONSULTATION.—The Secretary of the Interior
shall consult with the Secretary of the Army and the Ad-
ministrator of the National Aeronautics and Space Admin-
istration in the development of the West Mojave Coordi-
nated Management Plan.
SEC. 2908. RELEASE OF WILDERNESS STUDY AREAS.
Congress hereby finds and directs that lands with-
drawn and reserved by this title have been adequately
studied for wilderness designation pursuant to section
603(c) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1782(c)), and are no longer subject
to the requirement of such section pertaining to the man-
agement of wilderness study areas in a manner that does
482
not impair the suitability of such areas for preservation
as wilderness.
SEC. 2909. TRAINING ACTIVITY SEPARATION FROM UTILITY
CORRIDORS.
(a) REQUIRED SEPARATION.—All military ground ac-
tivity training on the lands withdrawn and reserved by this
title shall remain at least 500 meters from any utility sys-
tem, in existence as of the date of the enactment of this
Act, in Utility Planning Corridor D, as described in the
California Desert Conservation Area Plan, dated 1980 and
subsequently amended.
(b) EXCEPTION.—Subsection (a) does not modify the
use of any lands used, as of the date of the enactment
of this Act, by the National Training Center for training
or alter any right of access granted by interagency agree-
ment.
SEC. 2910. DURATION OF WITHDRAWAL AND RESERVATION.
(a) TERMINATION DATE.—Unless extended pursuant
to section 2911, unless relinquishment is postponed by the
Secretary of the Interior pursuant to section 2912(b), and
except as provided in section 2912(d), the withdrawal and
reservation made by this title shall terminate 25 years
after the date of the enactment of this Act.
(b) LIMITATION ON SUBSEQUENT AVAILABILITY FOR
APPROPRIATION.—At the time of termination of the with-
483
drawal and reservation made by this title, the previously
withdrawn lands shall not be open to any forms of appro-
priation under the general land laws, including the mining
laws and the mineral and geothermal leasing laws, until
the Secretary of the Interior publishes in the Federal Reg-
ister an appropriate order that shall state the date upon
which such lands shall be restored to the public domain
and opened.
SEC. 2911. EXTENSION OF INITIAL WITHDRAWAL AND RES-
ERVATION.
(a) NOTIFICATION REQUIREMENT.—Not later than
three years before the termination date specified in section
2910(a), the Secretary of the Army shall notify Congress
and the Secretary of the Interior concerning whether the
Army will have a continuing military need, beyond the ter-
mination date, for all or any portion of the lands with-
drawn and reserved by this title.
(b) PROCESS FOR EXTENSION OF WITHDRAWAL AND
RESERVATION.—
(1) CONSULTATION AND APPLICATION.—If the
Secretary of the Army determines that there will be
a continuing military need after the termination date
for any of the lands withdrawn and reserved by this
title, the Secretary of the Army shall—
484
(A) consult with the Secretary of the Inte-
rior concerning any adjustments to be made to
the extent of, or to the allocation of manage-
ment responsibility for, such needed lands; and
(B) file with the Secretary of the Interior,
within one year after the notice required by
subsection (a), an application for extension of
the withdrawal and reservation of such needed
lands.
(2) APPLICATION
REQUIREMENTS.—Notwith-
standing any general procedure of the Department
of the Interior for processing Federal land with-
drawals, an application for extension of the land
withdrawal and reservation made by this title shall
be considered to be complete if the application in-
cludes the information required by section 3 of Pub-
lic Law 85–337 (commonly known as the Engle Act;
43 U.S.C. 157), except that no information shall be
required concerning the use or development of min-
eral, timber, or grazing resources unless, and only to
the extent, the Secretary of the Army proposes to
use or develop such resources during the period of
extension.
(c) SUBMISSION OF PROPOSED EXTENSION TO CON-
GRESS.—The Secretary of the Interior and the Secretary
485
of the Army may submit to Congress a legislative proposal
for the extension of the withdrawal and reservation made
by this title. The legislative proposal shall be accompanied
by an appropriate analysis of environmental impacts asso-
ciated with the proposal, as required by section 102(2)(C)
of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)).
SEC. 2912. TERMINATION AND RELINQUISHMENT.
(a) NOTICE OF TERMINATION.—During the first 22
years of the withdrawal and reservation made by this title,
if the Secretary of the Army determines that there is no
continuing military need for the lands withdrawn and re-
served by this title, or any portion of such lands, the Sec-
retary of the Army shall submit to the Secretary of the
Interior a notice of intent to relinquish jurisdiction over
such lands. The notice shall specify the proposed date of
relinquishment.
(b) ACCEPTANCE OF JURISDICTION.—The Secretary
of the Interior may accept jurisdiction over any lands cov-
ered by a notice under subsection (a) if the Secretary of
the Interior determines that the Secretary of the Army
has taken or will take all environmental response and res-
toration activities required under applicable laws and reg-
ulations.
486
(c) NOTICE OF ACCEPTANCE.—If the Secretary of
the Interior decides to accept jurisdiction over lands cov-
ered by a notice under subsection (a) before the termi-
nation date of the withdrawal and reservation, the Sec-
retary shall publish in the Federal Register an appropriate
order that shall—
(1) terminate the withdrawal and reservation of
such lands under this title;
(2) constitute official acceptance of administra-
tive jurisdiction over the lands by the Secretary of
the Interior; and
(3) state the date upon which such lands shall
be opened to the operation of the general land laws,
including the mining laws and the mineral and geo-
thermal leasing laws, if appropriate.
(d) 
RETAINED
ARMY
JURISDICTION.—Notwith-
standing the termination date specified in section 2910,
unless and until the Secretary of the Interior accepts juris-
diction of land proposed for relinquishment pursuant to
this section, such land shall remain withdrawn and re-
served for the Secretary of the Army for the limited pur-
poses of environmental response and restoration actions
under section 2906 and continued land management re-
sponsibilities pursuant to the integrated natural resources
management plan required under section 2904, until such
487
environmental response and restoration activities on those
lands are completed.
(e) SEVERABILITY OF FUNCTIONS.—All functions de-
scribed 
under 
this 
section, 
including 
transfers,
relinquishments, extensions, and other determinations,
may be made on a parcel-by-parcel basis.
SEC. 2913. DELEGATION OF AUTHORITY.
(a) SECRETARY OF THE ARMY.—The Secretary of
the Army may delegate to officials in the Department of
the Army such functions as the Secretary of the Army
may determine appropriate to carry out this title.
(b) SECRETARY OF THE INTERIOR.—The functions
of the Secretary of the Interior under this title may be
delegated, except that the order described in section
2912(c) may be approved and signed only by the Secretary
of the Interior, the Deputy Secretary of the Interior, or
an Assistant Secretary of the Department of the Interior.
488
DIVISION C—DEPARTMENT OF
ENERGY NATIONAL SECURITY
AUTHORIZATIONS 
AND
OTHER AUTHORIZATIONS
TITLE 
XXXI—DEPARTMENT 
OF
ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A—National Security
Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA-
TION.
Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 2002 for the
activities of the National Nuclear Security Administration
in carrying out programs necessary for national security
in the amount of $6,859,895,000, to be allocated as fol-
lows:
(1) WEAPONS ACTIVITIES.—For weapons activi-
ties, $5,369,488,000, to be allocated as follows:
(A) For stewardship operation and mainte-
nance, $4,527,192,000, to be allocated as fol-
lows:
(i) 
For 
directed 
stockpile 
work,
$1,043,791,000.
489
(ii) For campaigns, $2,036,413,000,
to be allocated as follows:
(I) For operation and mainte-
nance, $1,653,441,000.
(II) 
For 
construction,
$382,972,000, to be allocated as fol-
lows:
Project 01–D–101, distrib-
uted information systems labora-
tory, Sandia National Labora-
tories, 
Livermore, 
California,
$5,400,000.
Project 00–D–103, terascale
simulation 
facility, 
Lawrence
Livermore National Laboratory,
Livermore, 
California,
$20,000,000.
Project 00–D–105, strategic
computing complex, Los Alamos
National Laboratory, Los Ala-
mos, New Mexico, $11,070,000.
Project 
00–D–107, 
joint
computational engineering lab-
oratory, Sandia National Labora-
490
tories, Albuquerque, New Mexico,
$5,377,000.
Project 98–D–125, tritium
extraction 
facility, 
Savannah
River Plant, Aiken, South Caro-
lina, $81,125,000.
Project 
98–D–126, 
accel-
erator 
production 
of 
tritium
(APT), 
various 
locations,
$15,000,000.
Project 96–D–111, national
ignition facility (NIF), Lawrence
Livermore National Laboratory,
Livermore, 
California,
$245,000,000.
(iii) For readiness in technical base
and facilities, $1,446,988,000, to be allo-
cated as follows:
(I) For operation and mainte-
nance, $1,292,324,000.
(II) For plant projects (including
maintenance, restoration, planning,
construction, acquisition, modification
of facilities, and the continuation of
projects authorized in prior years, and
491
land 
acquisition 
related 
thereto),
$154,664,000, to be allocated as fol-
lows:
Project 02–D–101, micro-
systems and engineering sciences
applications (MESA), Sandia Na-
tional Laboratories, Albuquerque,
New Mexico, $2,000,000.
Project 02–D–103, project
engineering and design (PED),
various locations, $9,180,000.
Project 02–D–107, electrical
power systems safety communica-
tions and bus upgrades, Nevada
Test Site, Nevada, $3,507,000.
Project 01–D–103, prelimi-
nary project design and engineer-
ing, 
various 
locations,
$45,379,000.
Project 01–D–124, highly
enriched uranium (HEU) mate-
rials storage facility, Y–12 Plant,
Oak 
Ridge, 
Tennessee,
$9,500,000.
492
Project 01–D–126, weapons
evaluation 
test 
laboratory,
Pantex Plant, Amarillo, Texas,
$7,700,000.
Project 01–D–800, sensitive
compartmented information facil-
ity, Lawrence Livermore Na-
tional 
Laboratory, 
Livermore,
California, $12,993,000.
Project 99–D–103, isotope
sciences 
facilities, 
Lawrence
Livermore National Laboratory,
Livermore, 
California,
$4,400,000.
Project 99–D–104, protec-
tion of real property (roof recon-
struction, phase II), Lawrence
Livermore National Laboratory,
Livermore, 
California,
$2,800,000.
Project 99–D–106, model
validation and system certifi-
cation center, Sandia National
Laboratories, Albuquerque, New
Mexico, $4,955,000.
493
Project 99–D–125, replace
boilers and controls, Kansas City
Plant, Kansas City, Missouri,
$300,000.
Project 99–D–127, stockpile
management restructuring initia-
tive, Kansas City plant, Kansas
City, Missouri, $22,200,000.
Project 99–D–128, stockpile
management restructuring initia-
tive, Pantex Plant, Amarillo,
Texas, $3,300,000.
Project 98–D–123, stockpile
management restructuring initia-
tive, tritium facility moderniza-
tion and consolidation, Savannah
River Plant, Aiken, South Caro-
lina, $13,700,000.
Project 98–D–124, stockpile
management restructuring initia-
tive, Y–12 consolidation, Oak
Ridge, Tennessee, $6,850,000.
Project 97–D–123, struc-
tural 
upgrades, 
Kansas 
City
494
Plant, Kansas City, Missouri,
$3,000,000.
Project 96–D–102, stockpile
stewardship facilities revitaliza-
tion, Phase VI, various locations,
$2,900,000.
(B) For facilities and infrastructure,
$50,600,000.
(C) 
For 
secure 
transportation 
asset,
$121,800,000, to be allocated as follows:
(i) For operation and maintenance,
$77,571,000.
(ii) 
For 
program 
direction,
$44,229,000.
(D) 
For 
safeguards 
and 
security,
$448,881,000, to be allocated as follows:
(i) For operations and maintenance,
$439,281,000.
(ii) For plant projects (including
maintenance, restoration, planning, con-
struction, acquisition, modification of fa-
cilities, and the continuation of projects
authorized in prior years, and land acquisi-
tion related thereto), $9,600,000, to be al-
located as follows:
495
Project 
99–D–132, 
stockpile
management restructuring initiative,
nuclear material safeguards and secu-
rity upgrades project, Los Alamos Na-
tional Laboratory, Los Alamos, New
Mexico, $9,600,000.
(E) For program direction, $250,000,000.
(F) The total amount authorized by this
paragraph is the sum of the amounts author-
ized to be appropriated by subparagraphs (A)
through (E), reduced by $28,985,000, to be de-
rived from a security charge for reimbursable
work.
(2) DEFENSE NUCLEAR NONPROLIFERATION.—
For other nuclear security activities, $773,700,000,
to be allocated as follows:
(A) For nonproliferation and verification
research and development, $206,102,000, to be
allocated as follows:
(i) For operation and maintenance,
$170,296,000.
(ii) For plant projects (including
maintenance, restoration, planning, con-
struction, acquisition, modification of fa-
cilities, and the continuation of projects
496
authorized in prior years, and land acquisi-
tion related thereto), $35,806,000, to be
allocated as follows:
Project 00–D–192, nonprolifera-
tion and international security center
(NISC), Los Alamos National Labora-
tory, 
Los 
Alamos, 
New 
Mexico,
$35,806,000.
(B) For arms control, $101,500,000.
(C) For international materials protection,
control, and accounting, $138,800,000.
(D) For highly enriched uranium trans-
parency implementation, $13,950,000.
(E) For international nuclear safety,
$10,800,000.
(F) For fissile materials control and dis-
position, $293,089,000, to be allocated as fol-
lows:
(i) For United States surplus fissile
materials disposition, $236,089,000, to be
allocated as follows:
(I) For operation and mainte-
nance, $130,089,000.
(II) For plant projects (including
maintenance, restoration, planning,
497
construction, acquisition, modification
of facilities, and the continuation of
projects authorized in prior years, and
land 
acquisition 
related 
thereto),
$106,000,000, to be allocated as fol-
lows:
Project 01–D–407, highly
enriched 
uranium 
blend-down,
Savannah 
River 
Site, 
Aiken,
South Carolina, $24,000,000.
Project 99–D–141, pit dis-
assembly and conversion facility,
Savannah 
River 
Site, 
Aiken,
South Carolina, $16,000,000.
Project 99–D–143, mixed
oxide fuel fabrication facility, Sa-
vannah River Site, Aiken, South
Carolina, $63,000,000.
Project 99–D–142, immo-
bilization and associated proc-
essing facility, Savannah River
Site, 
Aiken, 
South 
Carolina,
$3,000,000.
498
(ii) For Russian surplus fissile mate-
rials disposition, $57,000,000, to be allo-
cated as follows:
(I) For Russian plutonium dis-
position, and support and oversight in
the United States, $56,000,000.
(II) For advanced reactor tech-
nology, $1,000,000.
(G) For program direction, $51,459,000.
(H) The total amount authorized by this
paragraph is the sum of the amounts author-
ized to be appropriated by subparagraphs (A)
through (G), reduced by $42,000,000, to be de-
rived from offsets and use of prior year bal-
ances.
(3) NAVAL
REACTORS.—For naval reactors,
$688,045,000, to be allocated as follows:
(A) 
For 
naval 
reactors 
development,
$665,445,000, to be allocated as follows:
(i) For operation and maintenance,
$652,245,000.
(ii) For plant projects (including
maintenance, restoration, planning, con-
struction, acquisition, modification of fa-
cilities, and the continuation of projects
499
authorized in prior years, and land acquisi-
tion related thereto), $13,200,000, to be
allocated as follows:
Project 01–D–200, major office
replacement 
building, 
Schenectady,
New York, $9,000,000.
Project 90–N–102, expended core
facility dry cell project, Naval Reac-
tors Facility, Idaho, $4,200,000.
(B) For program direction, $22,600,000.
(4) 
DEFENSE
NUCLEAR
COUNTERINTEL-
LIGENCE.—For defense nuclear counterintelligence,
$13,662,000.
(5) OFFICE OF ADMINISTRATOR FOR NUCLEAR
SECURITY.—For the Office of the Administrator for
Nuclear 
Security, 
for 
program 
direction,
$15,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND
WASTE MANAGEMENT.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal
year 2002 for environmental restoration and waste man-
agement activities in carrying out programs necessary for
national security in the amount of $4,646,427,000, to be
allocated as follows:
500
(1) CLOSURE PROJECTS.—For closure projects
carried out in accordance with section 3143 of the
National Defense Authorization Act for Fiscal Year
1997 (Public Law 104–201; 110 Stat. 2836; 42
U.S.C. 7277n), $1,050,538,000.
(2) SITE/PROJECT COMPLETION.—For site com-
pletion and project completion in carrying out envi-
ronmental management activities necessary for na-
tional security programs, $920,196,000, to be allo-
cated as follows:
(A) 
For 
operation 
and 
maintenance,
$872,030,000.
(B) For plant projects (including mainte-
nance, restoration, planning, construction, ac-
quisition, modification of facilities, and the con-
tinuation of projects authorized in prior years,
and 
land 
acquisition 
related 
thereto),
$48,166,000, to be allocated as follows:
Project 02–D–420, FB line plutonium
stabilization and packaging, Savannah
River 
Site, 
Aiken, 
South 
Carolina,
$20,000,000.
Project 01–D–402, Intec cathodic
protection system expansion, Idaho Na-
tional Engineering and Environmental
501
Laboratory, 
Idaho 
Falls, 
Idaho,
$3,256,000.
Project 
01–D–414, 
preliminary
project, engineering and design (PE&D),
various locations, $10,254,000.
Project 99–D–402, tank farm support
services, F&H areas, Savannah River Site,
Aiken, South Carolina, $5,040,000.
Project 99–D–404, health physics in-
strumentation laboratory, Idaho National
Engineering and Environmental Labora-
tory, Idaho Falls, Idaho, $2,700,000.
Project 98–D–453, plutonium sta-
bilization and handling system for pluto-
nium finishing plant, Richland, Wash-
ington, $1,910,000.
Project 96–D–471, chlorofluorocarbon
heating, ventilation, and air conditioning
and chiller retrofit, Savannah River Site,
Aiken, South Carolina, $4,244,000.
Project 86–D–103, decontamination
and waste treatment facility, Lawrence
Livermore National Laboratory, Liver-
more, California, $762,000.
502
(3) POST-2006
COMPLETION.—For post-2006
completion in carrying out environmental restoration
and waste management activities necessary for na-
tional security programs, $3,021,201,000, to be allo-
cated as follows:
(A) 
For 
operation 
and 
maintenance,
$1,761,979,000.
(B) For plant projects (including mainte-
nance, restoration, planning, construction, ac-
quisition, modification of facilities, and the con-
tinuation of projects authorized in prior years,
and 
land 
acquisition 
related 
thereto),
$6,754,000, to be allocated as follows:
Project 93–D–187, high-level waste
removal from filled waste tanks, Savannah
River 
Site, 
Aiken, 
South 
Carolina,
$6,754,000.
(C) For the Office of River Protection in
carrying out environmental restoration and
waste management activities necessary for na-
tional security programs, $832,468,000, to be
allocated as follows:
(i) For operation and maintenance,
$272,151,000.
503
(ii) For plant projects (including
maintenance, restoration, planning, con-
struction, acquisition, modification of fa-
cilities, and the continuation of projects
authorized in prior years, and land acquisi-
tion related thereto), $560,317,000, to be
allocated as follows:
Project 01–D–416, waste treat-
ment and immobilization plant, Rich-
land, Washington, $520,000,000.
Project 97–D–402, tank farm
restoration and safe operations, Rich-
land, Washington, $33,473,000.
Project 94–D–407, initial tank
retrieval systems, Richland, Wash-
ington, $6,844,000.
(4) SCIENCE
AND
TECHNOLOGY
DEVELOP-
MENT.—For science and technology development in
carrying out environmental restoration and waste
management activities necessary for national secu-
rity programs, $196,000,000.
(5) EXCESS FACILITIES.—For excess facilities
in carrying out environmental restoration and waste
management activities necessary for national secu-
rity programs, $1,300,000.
504
(6) SAFEGUARDS
AND
SECURITY.—For safe-
guards and security in carrying out environmental
restoration and waste management activities nec-
essary 
for 
national 
security 
programs,
$205,621,000.
(7) PROGRAM DIRECTION.—For program direc-
tion in carrying out environmental restoration and
waste management activities necessary for national
security programs, $355,761,000.
(b) ADJUSTMENT.—The total amount authorized to
be appropriated by subsection (a) is the sum of the
amounts authorized to be appropriated by paragraphs (1)
through (7) of that subsection, reduced by $53,652,000,
to be derived from offsets and use of prior year balances.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
(a) IN GENERAL.—Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal
year 2002 for other defense activities in carrying out pro-
grams necessary for national security in the amount of
$502,099,000, to be allocated as follows:
(1) 
INTELLIGENCE.—For 
intelligence,
$40,844,000.
(2) 
COUNTERINTELLIGENCE.—For 
counter-
intelligence, $32,727,000.
505
(3) SECURITY AND EMERGENCY OPERATIONS.—
For 
security 
and 
emergency 
operations,
$269,250,000, to be allocated as follows:
(A) For nuclear safeguards and security,
$121,188,000.
(B) 
For 
security 
investigations,
$44,927,000.
(C) For corporate management informa-
tion programs, $20,000,000.
(D) For program direction, $83,135,000.
(4) INDEPENDENT OVERSIGHT AND PERFORM-
ANCE ASSURANCE.—For independent oversight and
performance assurance, $14,904,000.
(5) ENVIRONMENT, SAFETY, AND
HEALTH.—
For the Office of Environment, Safety, and Health,
$105,293,000, to be allocated as follows:
(A) For environment, safety, and health
(defense), $84,500,000.
(B) For program direction, $20,793,000.
(6) WORKER AND COMMUNITY TRANSITION AS-
SISTANCE.—For worker and community transition
assistance, $21,900,000, to be allocated as follows:
(A) For worker and community transition,
$19,000,000.
(B) For program direction, $2,900,000.
506
(7) OFFICE OF HEARINGS AND APPEALS.—For
the Office of Hearings and Appeals, $2,893,000.
(8) NATIONAL SECURITY PROGRAMS ADMINIS-
TRATIVE SUPPORT.—For national security programs
administrative support, $25,000,000.
(b) ADJUSTMENT.—The amount authorized to be ap-
propriated pursuant to subsection (a) is the total of the
amounts authorized to be appropriated by paragraphs (1)
through (8) of that subsection, reduced by $10,712,000,
of which $10,000,000 is to reflect an offset provided by
use of prior year balances and $712,000 is to reflect an
offset provided by user organizations for security inves-
tigations.
SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRI-
VATIZATION.
Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 2002 for privat-
ization initiatives in carrying out environmental restora-
tion and waste management activities necessary for na-
tional security programs in the amount of $126,208,000,
to be allocated as follows:
Project 98–PVT–2, spent nuclear fuel dry stor-
age, Idaho Falls, Idaho, $49,332,000.
Project 97–PVT–2, advanced mixed waste
treatment project Idaho Falls, Idaho, $40,000,000.
507
Project 97–PVT–3, transuranic waste treat-
ment, Oak Ridge, Tennessee, $10,826,000.
Project 98–PVT–5, environmental manage-
ment/waste management disposal, Oak Ridge, Ten-
nessee, $26,050,000.
SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 2002 for pay-
ment to the Nuclear Waste Fund established in section
302(c) of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10222(c)) in the amount of $310,000,000.
SEC. 3106. INCREASED AMOUNT FOR NONPROLIFERATION
AND VERIFICATION.
(a) NATIONAL NUCLEAR SECURITY ADMINISTRA-
TION.—The amounts provided in section 3101 for activi-
ties of the National Nuclear Security Administration, and
in paragraph (2) of that section for defense nuclear non-
proliferation, are each hereby increased by $10,000,000,
for operation and maintenance for nonproliferation and
verification research and development (and the amounts
provided in subparagraph (A) of such paragraph (2) and
in clause (i) of such subparagraph are each hereby in-
creased by such amount).
508
(b) OFFSET.—The amount provided in section
301(5) is hereby reduced by $10,000,000, to be derived
from amounts for consulting services.
Subtitle B—Recurring General
Provisions
SEC. 3121. REPROGRAMMING.
(a) IN GENERAL.—Until the Secretary of Energy
submits to the congressional defense committees the re-
port referred to in subsection (b) and a period of 30 days
has elapsed after the date on which such committees re-
ceive the report, the Secretary may not use amounts ap-
propriated pursuant to this title for any program—
(1) in amounts that exceed, in a fiscal year, the
amount authorized for that program by this title; or
(2) which has not been presented to, or re-
quested of, Congress.
(b) REPORT.—(1) The report referred to in sub-
section (a) is a report containing a full and complete state-
ment of the action proposed to be taken and the facts and
circumstances relied upon in support of the proposed ac-
tion.
(2) In the computation of the 30-day period under
subsection (a), there shall be excluded any day on which
either House of Congress is not in session because of an
adjournment of more than 3 days to a day certain.
509
(c) LIMITATIONS.—(1) In no event may the total
amount of funds obligated pursuant to this title exceed
the total amount authorized to be appropriated by this
title.
(2) Funds appropriated pursuant to this title may not
be used for an item for which Congress has specifically
denied funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) IN GENERAL.—The Secretary of Energy may
carry out any construction project under the general plant
projects authorized by this title if the total estimated cost
of the construction project does not exceed $5,000,000.
(b) REPORT TO CONGRESS.—If, at any time during
the construction of any general plant project authorized
by this title, the estimated cost of the project is revised
because of unforeseen cost variations and the revised cost
of the project exceeds $5,000,000, the Secretary shall im-
mediately furnish a report to the congressional defense
committees explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) IN GENERAL.—(1) Except as provided in para-
graph (2), construction on a construction project may not
be started or additional obligations incurred in connection
with the project above the total estimated cost, whenever
the current estimated cost of the construction project, au-
510
thorized by 3101, 3102, or 3103, or which is in support
of national security programs of the Department of En-
ergy and was authorized by any previous Act, exceeds by
more than 25 percent the higher of—
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for
the project as shown in the most recent budget jus-
tification data submitted to Congress.
(2) An action described in paragraph (1) may be
taken if—
(A) the Secretary of Energy has submitted to
the congressional defense committees a report on the
actions and the circumstances making such action
necessary; and
(B) a period of 30 days has elapsed after the
date on which the report is received by the commit-
tees.
(3) In the computation of the 30-day period under
paragraph (2), there shall be excluded any day on which
either House of Congress is not in session because of an
adjournment of more than 3 days to a day certain.
(b) EXCEPTION.—Subsection (a) does not apply to a
construction project with a current estimated cost of less
than $5,000,000.
511
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) TRANSFER TO OTHER FEDERAL AGENCIES.—
The Secretary of Energy may transfer funds authorized
to be appropriated to the Department of Energy pursuant
to this title to other Federal agencies for the performance
of work for which the funds were authorized. Funds so
transferred may be merged with and be available for the
same purposes and for the same time period as the author-
izations of the Federal agency to which the amounts are
transferred.
(b) TRANSFER WITHIN DEPARTMENT OF ENERGY.—
(1) Subject to paragraph (2), the Secretary of Energy may
transfer funds authorized to be appropriated to the De-
partment of Energy pursuant to this title between any
such authorizations. Amounts of authorizations so trans-
ferred may be merged with and be available for the same
purposes and for the same period as the authorization to
which the amounts are transferred.
(2) Not more than 5 percent of any such authoriza-
tion may be transferred between authorizations under
paragraph (1). No such authorization may be increased
or decreased by more than 5 percent by a transfer under
such paragraph.
(c) LIMITATIONS.—The authority provided by this
section to transfer authorizations—
512
(1) may be used only to provide funds for items
relating to activities necessary for national security
programs that have a higher priority than the items
from which the funds are transferred; and
(2) may not be used to provide funds for an
item for which Congress has specifically denied
funds.
(d) NOTICE TO CONGRESS.—The Secretary of En-
ergy shall promptly notify the Committees on Armed Serv-
ices of the Senate and House of Representatives of any
transfer of funds to or from authorizations under this
title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC-
TION DESIGN.
(a) REQUIREMENT OF CONCEPTUAL DESIGN.—(1)
Subject to paragraph (2) and except as provided in para-
graph (3), before submitting to Congress a request for
funds for a construction project that is in support of a
national security program of the Department of Energy,
the Secretary of Energy shall complete a conceptual de-
sign for that project.
(2) If the estimated cost of completing a conceptual
design for a construction project exceeds $3,000,000, the
Secretary shall submit to Congress a request for funds for
513
the conceptual design before submitting a request for
funds for the construction project.
(3) The requirement in paragraph (1) does not apply
to a request for funds—
(A) for a construction project the total esti-
mated cost of which is less than $5,000,000; or
(B) for emergency planning, design, and con-
struction activities under section 3126.
(b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1)
Within the amounts authorized by this title, the Secretary
of Energy may carry out construction design (including
architectural and engineering services) in connection with
any proposed construction project if the total estimated
cost for such design does not exceed $600,000.
(2) If the total estimated cost for construction design
in connection with any construction project exceeds
$600,000, funds for that design must be specifically au-
thorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE-
SIGN, AND CONSTRUCTION ACTIVITIES.
(a) AUTHORITY.—The Secretary of Energy may use
any funds available to the Department of Energy pursuant
to an authorization in this title, including funds authorized
to be appropriated for advance planning and construction
design under sections 3101, 3102, and 3103, to perform
514
planning, design, and construction activities for any De-
partment of Energy national security program construc-
tion project that, as determined by the Secretary, must
proceed expeditiously in order to protect public health and
safety, to meet the needs of national defense, or to protect
property.
(b) LIMITATION.—The Secretary may not exercise
the authority under subsection (a) in the case of any con-
struction project until the Secretary has submitted to the
congressional defense committees a report on the activities
that the Secretary intends to carry out under this section
and the circumstances making those activities necessary.
(c) SPECIFIC AUTHORITY.—The requirement of sec-
tion 3125(b)(2) does not apply to emergency planning, de-
sign, and construction activities conducted under this sec-
tion.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU-
RITY PROGRAMS OF THE DEPARTMENT OF
ENERGY.
Subject to the provisions of appropriation Acts and
section 3121, amounts appropriated pursuant to this title
for management and support activities and for general
plant projects are available for use, when necessary, in
connection with all national security programs of the De-
partment of Energy.
515
SEC. 3128. AVAILABILITY OF FUNDS.
(a) IN GENERAL.—Except as provided in subsection
(b), when so specified in an appropriations Act, amounts
appropriated for operation and maintenance or for plant
projects may remain available until expended.
(b) EXCEPTION FOR PROGRAM DIRECTION FUNDS.—
Amounts appropriated for program direction pursuant to
an authorization of appropriations in subtitle A shall re-
main available to be expended only until the end of fiscal
year 2003.
SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL
MANAGEMENT FUNDS AT FIELD OFFICES OF
THE DEPARTMENT OF ENERGY.
(a) TRANSFER AUTHORITY FOR DEFENSE ENVIRON-
MENTAL MANAGEMENT FUNDS.—The Secretary of En-
ergy shall provide the manager of each field office of the
Department of Energy with the authority to transfer de-
fense environmental management funds from a program
or project under the jurisdiction of the office to another
such program or project.
(b) LIMITATIONS.—(1) Only one transfer may be
made to or from any program or project under subsection
(a) in a fiscal year.
(2) The amount transferred to or from a program
or project under subsection (a) may not exceed $5,000,000
in a fiscal year.
516
(3) A transfer may not be carried out by a manager
of a field office under subsection (a) unless the manager
determines that the transfer is necessary to address a risk
to health, safety, or the environment or to assure the most
efficient use of defense environmental management funds
at the field office.
(4) Funds transferred pursuant to subsection (a)
may not be used for an item for which Congress has spe-
cifically denied funds or for a new program or project that
has not been authorized by Congress.
(c) EXEMPTION FROM REPROGRAMMING REQUIRE-
MENTS.—The requirements of section 3121 shall not
apply to transfers of funds pursuant to subsection (a).
(d) NOTIFICATION.—The Secretary, acting through
the Assistant Secretary of Energy for Environmental
Management, shall notify Congress of any transfer of
funds pursuant to subsection (a) not later than 30 days
after such transfer occurs.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘program or project’’ means, with
respect to a field office of the Department of En-
ergy, any of the following:
(A) A program referred to or a project list-
ed in paragraph (2) or (3) of section 3102.
517
(B) A program or project not described in
subparagraph (A) that is for environmental res-
toration or waste management activities nec-
essary for national security programs of the De-
partment, that is being carried out by the of-
fice, and for which defense environmental man-
agement funds have been authorized and appro-
priated before the date of the enactment of this
Act.
(2) The term ‘‘defense environmental manage-
ment funds’’ means funds appropriated to the De-
partment of Energy pursuant to an authorization for
carrying out environmental restoration and waste
management activities necessary for national secu-
rity programs.
(f ) DURATION OF AUTHORITY.—The managers of
the field offices of the Department may exercise the au-
thority provided under subsection (a) during fiscal year
2002.
SEC. 3130. TRANSFERS OF WEAPONS ACTIVITIES FUNDS AT
NATIONAL SECURITY LABORATORIES AND
NUCLEAR WEAPONS PRODUCTION FACILI-
TIES.
(a) TRANSFER AUTHORITY.—The Secretary of En-
ergy, acting through the Administrator for Nuclear Secu-