H. R. 2311—15
SEC. 202. SAN GABRIEL BASIN, CALIFORNIA. (a) ADMINISTRATION
OF RESTORATION FUND.—Section 110(a)(2) of the Miscellaneous
Appropriations Act, 2001 (as enacted into law by section 1(a)(4)
of Public Law 106–554) is amended by striking ‘‘the Secretary
of the Army’’ and inserting ‘‘the Secretary of the Interior’’.
(b) PURPOSES OF RESTORATION FUND.—Section 110(a)(3)(A) of
such Act is amended by striking clauses (i) and (ii) and inserting
the following:
‘‘(i) to provide grants to the San Gabriel Basin
Water Quality Authority and the Central Basin Munic-
ipal Water District to reimburse such agencies for the
Federal share of the costs associated with designing
and constructing water quality projects to be adminis-
tered by such agencies; and
‘‘(ii) to provide grants to reimburse the San Gabriel
Basin Water Quality Authority and the Central Basin
Municipal Water District for the Federal share of the
costs required to operate any project constructed under
this section for a period not to exceed 10 years, fol-
lowing the initial date of operation of the project.’’.
(c) COST-SHARING LIMITATION.—Section 110(a)(3)(B) of such Act
(114 Stat. 2763A–223) is amended by adding at the end the fol-
lowing:
‘‘(iii) CREDITS TOWARD NON-FEDERAL SHARE.—For
purposes of clause (ii), the Secretary shall credit the
San Gabriel Basin Water Quality Authority with the
value of all prior expenditures by non-Federal interests
made after February 11, 1993, that are compatible
with the purposes of this section, including—
‘‘(I) all expenditures made by non-Federal
interests to design and construct water quality
projects, including expenditures associated with
environmental analyses and public involvement
activities that were required to implement the
water 
quality 
projects 
in 
compliance 
with
applicable Federal and State laws; and
‘‘(II) all expenditures made by non-Federal
interests to acquire lands, easements, rights-of-
way, relocations, disposal areas, and water rights
that were required to implement a water quality
project.’’.
SEC. 203. The Secretary of the Interior is authorized and
directed to use not to exceed $1,000,000 of the funds appropriated
under title II to refund amounts received by the United States
as payments for charges assessed by the Secretary prior to January
1, 1994 for failure to file certain certification or reporting forms
prior to the receipt of irrigation water, pursuant to sections 206
and 224(c) of the Reclamation Reform Act of 1982 (43 U.S.C. 390ff,
390ww(c)), including the amount of associated interest assessed
by the Secretary and paid to the United States pursuant to section
224(i) of the Reclamation Reform Act of 1982 (43 U.S.C. 390ww(i)).
SEC. 204. LOWER COLORADO RIVER BASIN DEVELOPMENT FUND.
(a) IN GENERAL.—Notwithstanding section 403(f) of the Colorado
River Basin Project Act (43 U.S.C. 1543(f)), no amount from the
Lower Colorado River Basin Development Fund shall be paid to
H. R. 2311—16
the general fund of the Treasury until each provision of the Stipula-
tion Regarding a Stay and for Ultimate Judgment Upon the Satis-
faction of Conditions, filed in United States district court on May
3, 2000, in Central Arizona Water Conservation District v. United
States (No. CIV 95–625–TUC–WDB (EHC), No. CIV 95–1720–OHX–
EHC (Consolidated Action)) is met.
(b) PAYMENT TO GENERAL FUND.—If any of the provisions of
the stipulation referred to in subsection (a) are not met by the
date that is 3 years after the date of enactment of this Act, payments
to the general fund of the Treasury shall resume in accordance
with section 403(f) of the Colorado River Basin Project Act (43
U.S.C. 1543(f)).
(c) AUTHORIZATION.—Amounts in the Lower Colorado River
Basin Development Fund that but for this section would be returned
to the general fund of the Treasury shall not be expended until
further Act of Congress.
SEC. 205. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis Unit
until development by the Secretary of the Interior and the State
of California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Adminis-
trator of the Environmental Protection Agency, to minimize any
detrimental effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program shall
be classified by the Secretary of the Interior as reimbursable or
nonreimbursable and collected until fully repaid pursuant to the
‘‘Cleanup 
Program—Alternative 
Repayment 
Plan’’ 
and 
the
‘‘SJVDP—Alternative Repayment Plan’’ described in the report enti-
tled ‘‘Repayment Report, Kesterson Reservoir Cleanup Program
and San Joaquin Valley Drainage Program, February 1995’’, pre-
pared by the Department of the Interior, Bureau of Reclamation.
Any future obligations of funds by the United States relating to,
or providing for, drainage service or drainage studies for the San
Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries
of such service or studies pursuant to Federal reclamation law.
SEC. 206. The Secretary of the Interior, in accepting payments
for the reimbursable expenses incurred for the replacement, repair,
and extraordinary maintenance with regard to the Valve Rehabilita-
tion Project at the Arrowrock Dam on the Arrowrock Division
of the Boise Project in Idaho, shall recover no more than $6,900,000
of such expenses according to the application of the current formula
for charging users for reimbursable operation and maintenance
expenses at Bureau of Reclamation facilities on the Boise Project,
and shall recover this portion of such expenses over a period of
15 years.
SEC. 207. None of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the salaries
and expenses of personnel to purchase or lease water in the Middle
Rio Grande or the Carlsbad Projects in New Mexico unless said
purchase or lease is in compliance with the purchase requirements
of section 202 of Public Law 106–60.
SEC. 208. None of the funds made available in this Act may
be used by the Bureau of Reclamation (either directly or by making
the funds available to an entity under a contract) for the issuance
of permits for, or any other activity related to the management
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of, commercial rafting activities within the Auburn State Recreation
Area, California, until the requirements of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Federal
Water Pollution Control Act (33 U.S.C. 12151 et seq.) are met
with respect to such commercial rafting activities.
SEC. 209. (a) Section 101(a)(6)(C) of the Water Resources
Development Act of 1999, Public Law 106–53, is amended to read
as follows:
‘‘(C) MAKEUP OF WATER SHORTAGES CAUSED BY FLOOD
CONTROL OPERATION.—
‘‘(i) IN
GENERAL.—The Secretary of the Interior
shall enter into, or modify, such agreements with the
Sacramento Area Flood Control Agency regarding the
operation of Folsom Dam and Reservoir as may be
necessary in order that, notwithstanding any prior
agreement or provision of law, 100 percent of the water
needed to make up for any water shortage caused
by variable flood control operation during any year
at Folsom Dam, and resulting in a significant impact
on recreation at Folsom Reservoir shall be replaced,
to the extent the water is available for purchase, by
the Secretary of the Interior.
‘‘(ii) COST SHARING.—Seventy-five percent of the
costs of the replacement water provided under clause
(i) shall be paid for on a non-reimbursable basis by
the Secretary of the Interior at Federal expense. The
remaining 25 percent of such costs shall be provided
by the Sacramento Area Flood Control Agency.
‘‘(iii) LIMITATION.—To the extent that any funds
in excess of the non-Federal share are provided by
the Sacramento Area Flood Control Agency, the Sec-
retary shall reimburse such non-Federal interests for
such excess funds. Costs for replacement water may
not exceed 125 percent of the current average market
price for raw water, as determined by the Secretary
of the Interior.’’.
(b) CONFORMING CHANGE.—Section 101(a)(1)(D)(ii) of the Water
Resources Development Act of 1996, Public Law 104–303, is
amended by striking ‘‘during’’ and all that follows through ‘‘there-
after’’.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY SUPPLY
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for energy supply activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility acquisition,
construction, or expansion; and the purchase of not to exceed 17
passenger motor vehicles for replacement only, $666,726,000, to
remain available until expended.
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NON-DEFENSE ENVIRONMENTAL MANAGEMENT
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and
other expenses necessary for non-defense environmental manage-
ment activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion,
$236,372,000, to remain available until expended: Provided, That
funding for the West Valley Demonstration Project shall be reduced
in subsequent fiscal years to the minimum necessary to maintain
the project in a safe and stable condition, unless, not later than
September 30, 2002, the Secretary: (1) provides written notification
to the Committees on Appropriations of the House of Representa-
tives and the Senate that agreement has been reached with the
State of New York on the final scope of Federal activities at the
West Valley site and on the respective Federal and State cost
shares for those activities; (2) submits a written copy of that agree-
ment to the Committees on Appropriations of the House of Rep-
resentatives and the Senate; and (3) provides a written certification
that the Federal actions proposed in the agreement will be in
full compliance with all relevant Federal statutes and are in the
best interest of the Federal Government.
URANIUM FACILITIES MAINTENANCE AND REMEDIATION
For necessary expenses to maintain, decontaminate, decommis-
sion, and otherwise remediate uranium processing facilities,
$418,425,000, of which $299,641,000 shall be derived from the
Uranium Enrichment Decontamination and Decommissioning Fund,
all of which shall remain available until expended.
SCIENCE
For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment, and
other expenses necessary for science activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any
real property or facility or for plant or facility acquisition, construc-
tion, or expansion, and purchase of not to exceed 25 passenger
motor vehicles for replacement only, $3,233,100,000, to remain
available until expended.
NUCLEAR WASTE DISPOSAL
For nuclear waste disposal activities to carry out the purposes
of Public Law 97–425, as amended, including the acquisition of
real property or facility construction or expansion, $95,000,000,
to remain available until expended and to be derived from the
Nuclear Waste Fund: Provided, That not to exceed $2,500,000 shall
be provided to the State of Nevada solely for expenditures, other
than salaries and expenses of State employees, to conduct scientific
oversight responsibilities pursuant to the Nuclear Waste Policy
Act of 1982, Public Law 97–425, as amended: Provided further,
That $6,000,000 shall be provided to affected units of local govern-
ments, as defined in Public Law 97–425, to conduct appropriate