H. J. Res. 2—137
(1) AUTHORIZATION.—The Secretary of the Interior, in
cooperation with the appropriate local authorities, may partici-
pate in the design, planning, and construction of the North
Las Vegas Water Reuse Project (hereinafter referred to as
the ‘‘Project’’) to reclaim and reuse water in the service area
of the North Las Vegas Utility Division Service Area of the
City of North Las Vegas and County of Clark, Nevada.
(2) COST
SHARE.—The Federal share of the cost of the
Project shall not exceed 25 percent of the total cost.
(3) LIMITATION.—Funds provided by the Secretary shall
not be used for the operation or maintenance of the Project.
(4) FUNDING.—Funds appropriated pursuant to section
1631 of the Reclamation Wastewater and Groundwater Study
and Facilities Act (43 U.S.C. 390h–13) may be used for the
Project.
(b) RECLAMATION WASTEWATER AND GROUNDWATER STUDY AND
FACILITIES ACT.—Design, planning, and construction of the Project
authorized by this Act shall be in accordance with, and subject
to the limitations contained in, the Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.),
as amended.
SEC. 212. None of the funds appropriated or otherwise made
available in this division or any prior Energy and Water Develop-
ment Appropriations Act may be used for the settlement agreement
of Sumner Peck Ranch, Inc. v. Bureau of Reclamation (Civ. No
F–91–048 OWW (E.D. Cal)).
SEC. 213. Section 201(d) of the Salton Sea Reclamation Act
of 1998 (Public Law 105–372) is amended by striking ‘‘$3,000,000’’
and inserting ‘‘$10,000,000’’.
SEC. 214. The Secretary of the Interior, acting through the
Bureau of Reclamation, shall conduct a feasibility study of options
for additional water storage in the Yakima River Basin, Wash-
ington, with emphasis on the feasibility of storage of Columbia
River water in the potential Black Rock Reservoir and the benefit
of additional storage to endangered and threatened fish, irrigated
agriculture, and municipal water supply. There are authorized to
be appropriated such sums as may be necessary to carry out this
Act.
SEC. 215. The Secretary of the Interior, in carrying out
CALFED-related activities, may undertake feasibility studies for
Sites Reservoir, Los Vaqueros Reservoir Enlargement, and Upper
San Joaquin Storage projects. These storage studies should be pur-
sued along with ongoing environmental and other projects in a
balanced manner.
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
H. J. Res. 2—138
of any real property or any facility or for plant or facility acquisition,
construction, or expansion, $701,477,000, to remain available until
expended.
NON-DEFENSE ENVIRONMENTAL MANAGEMENT
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and
other expenses necessary for non-defense environmental 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,
$215,100,000, to remain available until expended.
URANIUM FACILITIES MAINTENANCE AND REMEDIATION
For necessary expenses to maintain, decontaminate, decommis-
sion, and otherwise remediate uranium processing facilities,
$456,539,000, of which $340,329,000, 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 28 passenger
motor vehicles for replacement only, $3,305,894,000, 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, $145,000,000,
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 and participate in licensing activities
pursuant to the Nuclear Waste Policy Act of 1982, Public Law
97–425, as amended: Provided further, That $7,000,000 shall be
provided to affected units of local governments, as defined in Public
Law 97–425, to conduct appropriate activities pursuant to the Act:
Provided further, That the distribution of the funds as determined
by the units of local government shall be approved by the Depart-
ment of Energy: Provided further, That the funds for the State
of Nevada shall be made available solely to the Nevada Division
of Emergency Management by direct payment and units of local
government by direct payment: Provided further, That within 90
days of the completion of each Federal fiscal year, the Nevada
Division of Emergency Management and the Governor of the State
of Nevada and each local entity shall provide certification to the
H. J. Res. 2—139
Department of Energy that all funds expended from such payments
have been expended for activities authorized by Public Law 97–
425 and this Act. Failure to provide such certification shall cause
such entity to be prohibited from any further funding provided
for similar activities: Provided further, That none of the funds
herein appropriated may be: (1) used directly or indirectly to influ-
ence legislative action on any matter pending before Congress or
a State legislature or for lobbying activity as provided in 18 U.S.C.
1913; (2) used for litigation expenses; or (3) used to support multi-
State efforts or other coalition building activities inconsistent with
the restrictions contained in this Act: Provided further, That all
proceeds and recoveries realized by the Secretary in carrying out
activities authorized by the Nuclear Waste Policy Act of 1982,
Public Law 97–425, as amended, including but not limited to,
any proceeds from the sale of assets, shall be available without
further appropriation and shall remain available until expended.
DEPARTMENTAL ADMINISTRATION
For salaries and expenses of the Department of Energy nec-
essary for departmental administration in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the hire of passenger motor vehicles and official
reception and representation expenses (not to exceed $35,000),
$207,404,000, to remain available until expended, plus such addi-
tional amounts as necessary to cover increases in the estimated
amount of cost of work for others notwithstanding the provisions
of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That
such increases in cost of work are offset by revenue increases
of the same or greater amount, to remain available until expended:
Provided further, That moneys received by the Department for
miscellaneous revenues estimated to total $120,000,000 in fiscal
year 2003 may be retained and used for operating expenses within
this account, and may remain available until expended, as author-
ized by section 201 of Public Law 95–238, notwithstanding the
provisions of 31 U.S.C. 3302: Provided further, That the sum herein
appropriated shall be reduced by the amount of miscellaneous reve-
nues received during fiscal year 2003 so as to result in a final
fiscal year 2003 appropriation from the General Fund estimated
at not more than $87,404,000.
OFFICE OF THE INSPECTOR GENERAL
For necessary expenses of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $37,671,000, to remain available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
WEAPONS ACTIVITIES
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and
other incidental expenses necessary for atomic energy defense
weapons activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
H. J. Res. 2—140
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion; and
the purchase of passenger motor vehicles (not to exceed one for
replacement only), $5,954,204,000, to remain available until
expended: Provided, That $12,000,000 is authorized to be appro-
priated for Project 03–D–102, LANL administration building, Los
Alamos National Laboratory, Los Alamos, New Mexico: Provided
further, That $113,000,000 is authorized to be appropriated for
Project 01–D–108, Microsystems and engineering sciences applica-
tions (MESA), Sandia National Laboratories, Albuquerque, New
Mexico.
DEFENSE NUCLEAR NONPROLIFERATION
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and
other incidental expenses necessary for atomic energy defense,
Defense Nuclear Nonproliferation activities, in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility acquisition,
construction, or expansion, $1,113,630,000, to remain available until
expended.
NAVAL REACTORS
For Department of Energy expenses necessary for naval reac-
tors activities to carry out the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant,
and 
capital 
equipment, 
facilities, 
and 
facility 
expansion,
$706,790,000, to remain available until expended.
OFFICE OF THE ADMINISTRATOR
For necessary expenses of the Office of the Administrator of
the National Nuclear Security Administration, including official
reception and representation expenses (not to exceed $12,000),
$330,929,000, to remain available for obligation until September
30, 2003.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for atomic energy defense environmental
restoration and waste management activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), 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 24
passenger motor vehicles, for replacement only, $5,470,180,000, to
remain available until expended.
H. J. Res. 2—141
DEFENSE FACILITIES CLOSURE PROJECTS
For expenses of the Department of Energy to accelerate the
closure of defense environmental management sites, including the
purchase, construction, and acquisition of plant and capital equip-
ment and other necessary expenses, $1,138,314,000, to remain avail-
able until expended.
DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION
For Department of Energy expenses for privatization projects
necessary for atomic energy defense environmental management
activities authorized by the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), $158,399,000, to remain available
until expended.
OTHER DEFENSE ACTIVITIES
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for atomic energy defense, other defense
activities, in carrying out the 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, $546,554,000, to
remain available until expended.
DEFENSE NUCLEAR WASTE DISPOSAL
For nuclear waste disposal activities to carry out the purposes
of Public Law 97–425, as amended, including the acquisition of
real property or facility construction or expansion, $315,000,000,
to remain available until expended.
POWER MARKETING ADMINISTRATIONS
BONNEVILLE POWER ADMINISTRATION FUND
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93–454, are approved for official
reception and representation expenses in an amount not to exceed
$1,500.
During fiscal year 2003, no new direct loan obligations may
be made.
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER
ADMINISTRATION
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant
to the provisions of section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the southeastern power area,
$4,534,000, to remain available until expended; in addition, notwith-
standing the provisions of 31 U.S.C. 3302, up to $14,463,000 col-
lected by the Southeastern Power Administration pursuant to the
Flood Control Act to recover purchase power and wheeling expenses
shall be credited to this account as offsetting collections, to remain
H. J. Res. 2—142
available until expended for the sole purpose of making purchase
power and wheeling expenditures.
OPERATION AND MAINTENANCE, SOUTHWESTERN POWER
ADMINISTRATION
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy,
and for construction and acquisition of transmission lines, sub-
stations and appurtenant facilities, and for administrative expenses,
including official reception and representation expenses in an
amount not to exceed $1,500 in carrying out the provisions of
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as
applied to the southwestern power area, $27,378,000, to remain
available until expended; in addition, notwithstanding the provi-
sions of 31 U.S.C. 3302, not to exceed $16,455,000 in reimburse-
ments, to remain available until expended: Provided, Notwith-
standing the provisions of 31 U.S.C. 3302, that up to $1,512,000
collected by the Southwestern Power Administration pursuant to
the Flood Control Act to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures.
CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE,
WESTERN AREA POWER ADMINISTRATION
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and
other related activities including conservation and renewable
resources programs as authorized, including official reception and
representation expenses in an amount not to exceed $1,500,
$168,858,000, to remain available until expended, of which
$158,605,000 shall be derived from the Department of the Interior
Reclamation Fund: Provided, That of the amount herein appro-
priated, $6,100,000 is for deposit into the Utah Reclamation Mitiga-
tion and Conservation Account pursuant to title IV of the Reclama-
tion Projects Authorization and Adjustment Act of 1992: Provided
further, That up to $156,124,000 collected by the Western Area
Power Administration pursuant to the Flood Control Act of 1944
and the Reclamation Project Act of 1939 to recover purchase power
and wheeling expenses shall be credited to this account as offsetting
collections, to remain available until expended for the sole purpose
of making purchase power and wheeling expenditures: Provided
further, That, of the amounts appropriated in Public Law 107–
66, not less than $400,000 to be spent as described in House
Report 107–258 under this heading shall be nonreimbursable: Pro-
vided further, That, of the amount appropriated in Public Law
107–66 for corridor review and environmental review required for
the construction of a 230 kv transmission line between Belfield
and Hettinger, not less than $200,000 shall be provided for corridor
review and environmental review for the construction of a high
voltage line in Western North Dakota that would facilitate the
upgrade of the Miles City DC tie.
H. J. Res. 2—143
FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND
For operation, maintenance, and emergency costs for the hydro-
electric facilities at the Falcon and Amistad Dams, $2,734,000,
to remain available until expended, and to be derived from the
Falcon and Amistad Operating and Maintenance Fund of the
Western Area Power Administration, as provided in section 423
of the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995.
FEDERAL ENERGY REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Energy Regulatory
Commission to carry out the provisions of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including services as
authorized by 5 U.S.C. 3109, the hire of passenger motor vehicles,
and official reception and representation expenses (not to exceed
$3,000), $192,000,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, not to exceed
$192,000,000 of revenues from fees and annual charges, and other
services and collections in fiscal year 2003 shall be retained and
used for necessary expenses in this account, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the General Fund shall be reduced as revenues
are received during fiscal year 2003 so as to result in a final
fiscal year 2003 appropriation from the General Fund estimated
at not more than $0.
GENERAL PROVISIONS
DEPARTMENT OF ENERGY
SEC. 301. (a) None of the funds appropriated by this Act may
be used to award a management and operating contract, or a
contract for environmental remediation or waste management in
excess of $100 million in annual funding at a current or former
management and operating contract site or facility, or award a
significant extension or expansion to an existing management and
operating contract, or other contract covered by this section, 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) Within 30 days of formally notifying an incumbent con-
tractor that 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 Subcommit-
tees of the waiver and setting forth, in specificity, the substantive
reasons why the Secretary believes the requirement for competition
should be waived for this particular award.
SEC. 302. None of the funds appropriated by this Act may
be used to—
(1) develop or implement a workforce restructuring plan
that covers employees of the Department of Energy; or
H. J. Res. 2—144
(2) provide enhanced severance payments or other benefits
for employees of the Department of Energy,
under section 3161 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102–484; 42 U.S.C. 7274h).
SEC. 303. None of the funds appropriated by this Act may
be used to augment the $21,183,000 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; 42
U.S.C. 7274h) unless the Department of Energy submits a re-
programming request subject to approval by the appropriate
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.
(TRANSFERS OF UNEXPENDED BALANCES)
SEC. 305. The unexpended balances of prior appropriations
provided for activities in this Act may be transferred to appropria-
tion accounts for such activities established pursuant to this title.
Balances so transferred may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one
fund for the same time period as originally enacted.
SEC. 306. None of the funds in this or any other Act for
the Administrator of the Bonneville Power Administration may
be used to enter into any agreement to perform energy efficiency
services outside the legally defined Bonneville service territory,
with the exception of services provided internationally, including
services provided on a reimbursable basis, unless the Administrator
certifies in advance that such services are not available from private
sector businesses.
SEC. 307. When the Department of Energy makes a user facility
available to universities and other potential users, or seeks input
from universities and other potential users regarding significant
characteristics or equipment in a user facility or a proposed user
facility, the Department shall ensure broad public notice of such
availability or such need for input to universities and other potential
users. When the Department of Energy considers the participation
of a university or other potential user as a formal partner in
the establishment or operation of a user facility, the Department
shall employ full and open competition in selecting such a partner.
For purposes of this section, the term ‘‘user facility’’ includes, but
is not limited to: (1) a user facility as described in section 2203(a)(2)
of the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a
National Nuclear Security Administration Defense Programs Tech-
nology Deployment Center/User Facility; and (3) any other Depart-
mental facility designated by the Department as a user facility.
SEC. 308. The Administrator of the National Nuclear Security
Administration may authorize the plant manager of a covered
nuclear weapons production plant to engage in research, develop-
ment, and demonstration activities with respect to the engineering
and manufacturing capabilities at such plant in order to maintain
and enhance such capabilities at such plant: Provided, That of
the amount allocated to a covered nuclear weapons production
plant each fiscal year from amounts available to the Department
of Energy for such fiscal year for national security programs, not
more than an amount equal to 2 percent of such amount may
H. J. Res. 2—145
be used for these activities: Provided further, That for purposes
of this section, the term ‘‘covered nuclear weapons production plant’’
means the following:
(1) the Kansas City Plant, Kansas City, Missouri;
(2) the Y–12 Plant, Oak Ridge, Tennessee;
(3) the Pantex Plant, Amarillo, Texas; and
(4) the Savannah River Plant, South Carolina.
SEC. 309. The Administrator of the National Nuclear Security
Administration may authorize the manager of the Nevada Oper-
ations Office to engage in research, development, and demonstration
activities with respect to the development, test, and evaluation
capabilities necessary for operations and readiness of the Nevada
Test Site: Provided, That of the amount allocated to the Nevada
Operations Office each fiscal year from amounts available to the
Department of Energy for such fiscal year for national security
programs at the Nevada Test Site, not more than an amount
equal to 2 percent of such amount may be used for these activities.
SEC. 310. Section 310 of the Energy and Water Development
Appropriations Act, 2000 (Public Law 106–60), is hereby repealed.
SEC. 311. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress
for purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 414) during fiscal year 2003 until the enactment of
the Intelligence Authorization Act for fiscal year 2003.
SEC. 312. None of the funds in this Act may be used to dispose
of transuranic waste in the Waste Isolation Pilot Plant which con-
tains concentrations of plutonium in excess of 20 percent by weight
for the aggregate of any material category on the date of enactment
of this Act, or is generated after such date. For the purposes
of this section, the material categories of transuranic waste at
the Rocky Flats Environmental Technology Site include: (1) ash
residues; (2) salt residues; (3) wet residues; (4) direct repackage
residues; and (5) scrub alloy as referenced in the ‘‘Final Environ-
mental Impact Statement on Management of Certain Plutonium
Residues and Scrub Alloy Stored at the Rocky Flats Environmental
Technology Site’’.
SEC. 313. Funds appropriated in Public Law 107–66 for the
Kachemak Bay submarine cable project may be available to
reimburse the local sponsor for the Federal share of the project
costs assumed by the local sponsor prior to final passage of that
Act.
SEC. 314. STAY AND REINSTATEMENT OF FERC LICENSE NO.
11393. (a) Upon the request of the licensee for FERC Project No.
11393, the Federal Energy Regulatory Commission shall issue an
order staying the license.
(b) Upon the request of the licensee for FERC Project No.
11393, but not later than 6 years after the date that the Federal
Energy Regulatory Commission receives written notice that
construction of the Swan-Tyee transmission line is completed, the
Federal Energy Regulatory Commission shall issue an order lifting
the stay and make the effective date of the license the date on
which the stay is lifted.
(c) Upon request of the licensee for FERC Project No. 11393
and notwithstanding the time period specified in section 13 of
the Federal Power Act for the commencement of construction, the
Commission shall, after reasonable notice and in accordance with