In the Senate of the United States,
July 19, 2001.
Resolved, That the bill from the House of Representa-
tives (H.R. 2311) entitled ‘‘An Act making appropriations for
energy and water development for the fiscal year ending Sep-
tember 30, 2002, and for other purposes.’’, do pass with the
following
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2002, for energy and
water development, and for other purposes, namely:
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TITLE I
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
The following appropriations shall be expended under
the direction of the Secretary of the Army and the super-
vision of the Chief of Engineers for authorized civil func-
tions of the Department of the Army pertaining to rivers
and harbors, flood control, beach erosion, and related pur-
poses.
GENERAL INVESTIGATIONS
For expenses necessary for the collection and study of
basic information pertaining to river and harbor, flood con-
trol, shore protection, and related projects, restudy of au-
thorized projects, miscellaneous investigations, and, when
authorized by laws, surveys and detailed studies and plans
and specifications of projects prior to construction,
$152,402,000, to remain available until expended, of which
not less than $500,000 shall be used to conduct a study of
Port of Iberia, Louisiana, and of which such sums as are
necessary shall be used by the Secretary of the Army to con-
duct and submit to Congress a study that examines the
known and potential environmental effects of oil and gas
drilling activity in the Great Lakes (including effects on
the shorelines and water of the Great Lakes): Provided, That
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during the fiscal years 2002 and 2003, no Federal or State
permit or lease shall be issued for oil and gas slant, direc-
tional, or offshore drilling in or under 1 or more of the
Great Lakes (including in or under any river flowing into
or out of the lake): Provided further, That using $100,000
of the funds provided herein for the States of Maryland,
Virginia, Pennsylvania and the District of Columbia, the
Secretary of the Army, acting through the Chief of Engi-
neers, is directed to conduct a Chesapeake Bay shoreline
erosion study, including an examination of management
measures that could be undertaken to address the sediments
behind the dams on the lower Susquehanna River: Provided
further, That the Secretary of the Army, using $100,000
of the funds provided herein, is directed to conduct studies
for flood damage reduction, environmental protection, envi-
ronmental restoration, water supply, water quality and
other purposes in Tuscaloosa County, Alabama, and shall
provide a comprehensive plan for the development, con-
servation, disposal and utilization of water and related
land resources, for flood damage reduction and allied pur-
poses, including the determination of the need for a res-
ervoir to satisfy municipal and industrial water supply
needs: Provided further, That within the funds provided
herein, the Secretary may use $300,000 for the North Geor-
gia Water Planning District Watershed Study, Georgia.
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CONSTRUCTION, GENERAL
For the prosecution of river and harbor, flood control,
shore protection, and related projects authorized by laws;
and detailed studies, and plans and specifications, of
projects (including those for development with participation
or under consideration for participation by States, local
governments, or private groups) authorized or made eligible
for selection by law (but such studies shall not constitute
a commitment of the Government to construction),
$1,570,798,000, to remain available until expended, of
which such sums as are necessary for the Federal share of
construction costs for facilities under the Dredged Material
Disposal Facilities program shall be derived from the Har-
bor Maintenance Trust Fund, as authorized by Public Law
104–303; and of which such sums as are necessary pursuant
to Public Law 99–662 shall be derived from the Inland Wa-
terways Trust Fund, for one-half of the costs of construction
and rehabilitation of inland waterways projects, including
rehabilitation costs for the Lock and Dam 12, Mississippi
River, Iowa; Lock and Dam 24, Mississippi River, Illinois
and Missouri; Lock and Dam 3, Mississippi River, Min-
nesota; and London Locks and Dam, and Kanawha River,
West Virginia, projects; and of which funds are provided
for the following projects in the amounts specified:
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Red River Emergency Bank Protection, AR,
$4,500,000;
Indianapolis 
Central 
Waterfront, 
Indiana,
$5,000,000;
Southern and Eastern Kentucky, Kentucky,
$2,500,000:
Provided, That using $200,000 of the funds provided herein,
the Secretary of the Army, acting through the Chief of Engi-
neers, is directed to conduct, at full Federal expense, tech-
nical studies of individual ditch systems identified by the
State of Hawaii, and to assist the State in diversification
by helping to define the cost of repairing and maintaining
selected ditch systems: Provided further, That the Secretary
of the Army, acting through the Chief of Engineers, is di-
rected to use $1,300,000 of the funds appropriated herein
to continue construction of the navigation project at
Kaumalapau Harbor, Hawaii: Provided further, That with
$800,000 of the funds provided herein, the Secretary of the
Army, acting through the Chief of Engineers, is directed
to continue construction of the Brunswick County Beaches,
North Carolina-Ocean Isle Beach portion in accordance
with the General Reevaluation Report approved by the
Chief of Engineers on May 15, 1998: Provided further, That
$2,500,000 of the funds appropriated herein, the Secretary
of the Army, acting through the Chief of Engineers, is di-
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$1,650,000 for the town of Martin, Kentucky, ele-
ment of the project;
$2,100,000 for the Pike County, Kentucky, ele-
ment of the project, including $1,100,000 for addi-
tional studies along the tributaries of the Tug Fork
and continuation of a Detailed Project Report for the
Levisa Fork;
$3,850,000 for the Martin County, Kentucky, ele-
ment of the project;
$950,000 for the Floyd County, Kentucky, ele-
ment of the project;
$600,000 for the Harlan County element of the
project;
$800,000 for additional studies along tributaries
of the Cumberland River in Bell County, Kentucky;
$18,600,000 to continue work on the Grundy,
Virginia, element of the project;
$450,000 to complete the Buchanan County, Vir-
ginia, Detailed Project Report;
$700,000 to continue the Dickenson County, De-
tailed Project Report;
$1,500,000 for the Lower Mingo County, West
Virginia, element of the project;
$600,000 for the Upper Mingo County, West Vir-
ginia, element of the project;
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$600,000 for the Wayne County, West Virginia,
element of the project;
$3,200,000 for the McDowell County element of
the project:
Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to continue the
Dickenson County Detailed Project Report as generally de-
fined in Plan 4 of the Huntington District Engineer’s Draft
Supplement to the Section 202 General Plan for Flood
Damage Reduction dated April 1997, including all Russell
Fork tributary streams within the County and special con-
siderations as may be appropriate to address the unique
relocations and resettlement needs for the flood prone com-
munities within the County: Provided further, That, with
respect to the environmental infrastructure project in Leb-
anon, New Hampshire, for which funds are made available
under this heading, the non-Federal interest shall receive
credit toward the non-Federal share of the cost of the project
for work performed before the date of execution of the project
cooperation agreement, if the Secretary determines the work
is integral to the project: Provided further, That within the
funds provided herein, $250,000 may be used for the Horse-
shoe Lake, Arkansas feasibility study.
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FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES,
ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS-
SISSIPPI, MISSOURI, AND TENNESSEE
For expenses necessary for prosecuting work of flood
control, and rescue work, repair, restoration, or mainte-
nance of flood control projects threatened or destroyed by
flood, as authorized by law (33 U.S.C. 702a and 702g–1),
$328,011,000, to remain available until expended.
OPERATION AND MAINTENANCE, GENERAL
For expenses necessary for the preservation, operation,
maintenance, and care of existing river and harbor, flood
control, and related works, including such sums as may be
necessary for the maintenance of harbor channels provided
by a State, municipality or other public agency, outside
of harbor lines, and serving essential needs of general com-
merce and navigation; surveys and charting of northern
and northwestern lakes and connecting waters; clearing and
straightening channels; and removal of obstructions to navi-
gation, $1,833,263,000, to remain available until expended,
of which not less than $300,000 shall be used for a study
to determine, and develop a project that would make, the
best use, on beaches of adjacent towns, of sand dredged from
Morehead City Harbor, Carteret County, North Carolina;
of which such sums as become available in the Harbor
Maintenance Trust Fund, pursuant to Public Law 99–662,
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may be derived from that Fund, and of which such sums
as become available from the special account established by
the Land and Water Conservation Act of 1965, as amended
(16 U.S.C. 460l), may be derived from that account for con-
struction, operation, and maintenance of outdoor recreation
facilities, and of which not less than $400,000 shall be used
to carry out maintenance dredging of the Sagamore Creek
Channel, New Hampshire: Provided, That of funds appro-
priated herein, for the Intracoastal Waterway, Delaware
River to Chesapeake Bay, Delaware and Maryland, the Sec-
retary of the Army, acting through the Chief of Engineers,
is directed to reimburse the State of Delaware for normal
operation and maintenance costs incurred by the State of
Delaware for the SR1 Bridge from station 58∂00 to sta-
tion 293∂00 between May 12, 1997 and September 30,
2002. Reimbursement costs shall not exceed $1,277,000:
Provided further, That the Secretary of the Army is directed
to use $2,000,000 of funds appropriated herein to remove
and reinstall the docks and causeway, in kind, at Astoria
East Boat Basin, Oregon: Provided further, That
$2,000,000 of the funds appropriated herein, the Secretary
of the Army, acting through the Chief of Engineers, is di-
rected to dredge a channel from the mouth of Wheeling Creek
to Tunnel Green Park in Wheeling, West Virginia: Provided
further, That $500,000 of the funds appropriated herein
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shall be available for the conduct of activities related to the
selection, by the Secretary of the Army in cooperation with
the Environmental Protection Agency, of a permanent dis-
posal site for environmentally sound dredged material from
navigational dredging projects in the State of Rhode Island:
Provided further, That the project for the Apalachicola,
Chattahoochee and Flint Rivers Navigation, authorized by
section 2 of the Rivers and Harbor Act of March 2, 1945
(Public Law 79–14; 59 Stat. 10) and modified by the first
section of the River and Harbor Act of 1946 (60 Stat. 635,
chapter 595), is modified to authorize the Secretary, as part
of navigation maintenance activities to develop and imple-
ment a plan to be integrated into the long-term dredged
material management plan being developed for the Corley
Slough reach as required by conditions of the State of Flor-
ida water quality certification, for periodically removing
sandy dredged material from the disposal area known as
Site 40, located at mile 36.5 of the Apalachicola River, and
from other disposal sites that the Secretary may determine
to be needed, for the purpose of reuse of the disposal areas,
by transporting and depositing the sand for environ-
mentally acceptable beneficial uses in coastal areas of
northwest Florida to be determined in coordination with
the State of Florida: Provided further, That the Secretary
is authorized to acquire all lands, easements, and rights-
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of-way that may be determined by the Secretary, in con-
sultation with the affected State, to be required for dredged
material disposal areas to implement a long-term dredge
material management plan: Provided further, That the
long-term management plan shall be developed in coordina-
tion with the State of Florida no later than 2 years from
the date of enactment of this legislation: Provided further,
That, $5,000,000 shall be made available for these purposes
and $8,173,000 shall be made available for the Apalachi-
cola, Chattahoochee and Flint Rivers Navigation.
REGULATORY PROGRAM
For expenses necessary for administration of laws per-
taining to regulation of navigable waters and wetlands,
$128,000,000, to remain available until expended.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
For expenses necessary to clean up contamination
from sites throughout the United States resulting from work
performed as part of the Nation’s early atomic energy pro-
gram, $140,000,000, to remain available until expended.
GENERAL EXPENSES
For expenses necessary for general administration and
related functions in the Office of the Chief of Engineers and
offices of the Division Engineers; activities of the Coastal
Engineering Research Board, the Humphreys Engineer
Center Support Activity, the Water Resources Support Cen-
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ter, and headquarters support functions at the USACE Fi-
nance Center, $153,000,000, to remain available until ex-
pended: Provided, That no part of any other appropriation
provided in title I of this Act shall be available to fund
the activities of the Office of the Chief of Engineers or the
executive direction and management activities of the divi-
sion offices.
ADMINISTRATIVE PROVISIONS
Appropriations in this title shall be available for offi-
cial reception and representation expenses (not to exceed
$5,000); and during the current fiscal year the Revolving
Fund, Corps of Engineers, shall be available for purchase
(not to exceed 100 for replacement only) and hire of pas-
senger motor vehicles.
GENERAL PROVISIONS
CORPS OF ENGINEERS—CIVIL
SEC. 101. Agreements proposed for execution by the As-
sistant Secretary of the Army for Civil Works or the United
States Army Corps of Engineers after the date of the enact-
ment of this Act pursuant to section 4 of the Rivers and
Harbor Act of 1915, Public Law 64–291; section 11 of the
River and Harbor Act of 1925, Public Law 68–585; the
Civil Functions Appropriations Act, 1936, Public Law 75–
208; section 215 of the Flood Control Act of 1968, as amend-
ed, Public Law 90–483; sections 104, 203, and 204 of the
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Water Resources Development Act of 1986, as amended
(Public Law 99–662); section 206 of the Water Resources
Development Act of 1992, as amended, Public Law 102–
580; section 211 of the Water Resources Development Act
of 1996, Public Law 104–303, and any other specific project
authority, shall be limited to credits and reimbursements
per project not to exceed $10,000,000 in each fiscal year,
and total credits and reimbursements for all applicable
projects not to exceed $50,000,000 in each fiscal year.
SEC. 102. ST. GEORGES BRIDGE, DELAWARE. None of
the funds made available in this Act may be used to carry
out any activity relating to closure or removal of the St.
Georges Bridge across the Intracoastal Waterway, Delaware
River to Chesapeake Bay, Delaware and Maryland, includ-
ing a hearing or any other activity relating to preparation
of an environmental impact statement concerning the clo-
sure or removal.
SEC. 103. The Secretary may not expend funds to ac-
celerate the schedule to finalize the Record of Decision for
the revision of the Missouri River Master Water Control
Manual and any associated changes to the Missouri River
Annual Operating Plan. During consideration of revisions
to the manual in fiscal year 2002, the Secretary may con-
sider and propose alternatives for achieving species recovery
other than the alternatives specifically prescribed by the
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United States Fish and Wildlife Service in the biological
opinion of the Service. The Secretary shall consider the
views of other Federal agencies, non-Federal agencies, and
individuals to ensure that other congressionally authorized
purposes are maintained.
SEC. 104. The non-Federal interest shall receive credit
towards the lands, easements, relocations, rights-of-way,
and disposal areas required for the Lava Hot Springs res-
toration project in Idaho, and acquired by the non-Federal
interest before execution of the project cooperation agree-
ment: Provided, That the Secretary shall provide credit for
work only if the Secretary determines such work to be inte-
gral to the project.
SEC. 105. Of the funds provided under title I,
$15,500,000 shall be available for the Demonstration Ero-
sion Control project, Mississippi.
SEC. 106. Of the funds made available under Oper-
ations and Maintenance, a total of $3,000,000 may be made
available for Perry Lake, Kansas.
SEC. 107. GUADALUPE
RIVER, CALIFORNIA. The
project for flood control, Guadalupe River, California, au-
thorized by section 401 of the Water Resources Development
Act of 1986, and the Energy and Water Development Ap-
propriation Acts of 1990 and 1992, is modified to authorize
the Secretary to construct the project substantially in ac-
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cordance with the General Reevaluation and Environ-
mental Report for Proposed Project Modifications, dated
February 2001, at a total cost of $226,800,000, with an
estimated Federal cost of $128,700,000, and estimated non-
Federal cost of $98,100,000.
SEC. 108. Of the funds provided under Operations and
Maintenance for McKlellan-Kerr, Arkansas River Naviga-
tion System dredging, $22,338,000 is provided: Provided,
That of that amount, $1,000,000 shall be for dredging on
the Arkansas River for maintenance dredging at the author-
ized depth.
SEC. 109. DESIGNATION OF NONNAVIGABILITY FOR
PORTIONS OF GLOUCESTER COUNTY, NEW JERSEY. (a)
DESIGNATION.—
(1) IN GENERAL.—The Secretary of the Army
(referred to in section as the ‘‘Secretary’’) shall des-
ignate as nonnavigable the areas described in para-
graph (3) unless the Secretary, after consultation with
local and regional public officials (including local
and regional planning organizations), makes a deter-
mination that 1 or more projects proposed to be car-
ried out in 1 or more areas described in paragraph
(2) are not in the public interest.
(2) DESCRIPTION OF AREAS.—The areas referred
to in paragraph (1) are certain parcels of property
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situated in the West Deptford Township, Gloucester
County, New Jersey, as depicted on Tax Assessment
Map #26, Block #328, Lots #1, 1.03, 1.08, and 1.09,
more fully described as follows:
(A) Beginning at the point in the easterly
line of Church Street (49.50 feet wide), said be-
ginning point being the following 2 courses from
the intersection of the centerline of Church Street
with the curved northerly right-of-way line of
Pennsylvania-Reading Seashore Lines Railroad
(66.00 feet wide)—
(i) along said centerline of Church
Street N. 11°28′50″ E. 38.56 feet; thence
(ii) along the same N. 61°28′35″ E.
32.31 feet to the point of beginning.
(B) Said beginning point also being the end
of the thirteenth course and from said beginning
point runs; thence, along the aformentioned Eas-
terly line of Church Street—
(i) N. 11°28′50″ E. 1052.14 feet; thence
(ii) 
crossing 
Church 
Street, 
N.
34°19′51″ W. 1590.16 feet; thence
(iii) N. 27°56′37″ W. 3674.36 feet;
thence
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(iv) N. 35°33′54″ W. 975.59 feet;
thence
(v) N. 57°04′39″ W. 481.04 feet; thence
(vi) N. 36°22′55″ W. 870.00 feet to a
point in the Pierhead and Bulkhead Line
along the Southeasterly shore of the Dela-
ware River; thence
(vii) along the same line N. 53°37′05″
E. 1256.19 feet; thence
(viii) 
still 
along 
the 
same, 
N.
86°10′29″ E. 1692.61 feet; thence, still along
the same the following thirteenth courses
(ix) S. 67°44′20″ E. 1090.00 feet to a
point in the Pierhead and Bulkhead Line
along the Southwesterly shore of Woodbury
Creek; thence
(x) S. 39°44′20″ E. 507.10 feet; thence
(xi) S. 31°01′38″ E. 1062.95 feet;
thence
(xii) S. 34°34′20″ E. 475.00 feet;
thence
(xiii) S. 32°20′28″ E. 254.18 feet;
thence
(xiv) S. 52°55′49″ E. 964.95 feet;
thence
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(xv) S. 56°24′40″ E. 366.60 feet; thence
(xvi) S. 80°31′50″ E. 100.51 feet;
thence
(xvii) N. 75°30′00″ E. 120.00 feet;
thence
(xviii) N. 53°09′00″ E. 486.50 feet;
thence
(xix) N. 81°18′00″ E. 132.00 feet;
thence
(xx) S. 56°35′00″ E. 115.11 feet; thence
(xxi) S. 42°00′00″ E. 271.00 feet;
thence
(xxii) S. 48°30′00″ E. 287.13 feet to a
point in the Northwesterly line of Grove Av-
enue (59.75 feet wide); thence
(xxiii) S. 23°09′50″ W. 4120.49 feet;
thence
(xxiv) N. 66°50′10″ W. 251.78 feet;
thence
(xxv) S. 36°05′20″ E. 228.64 feet;
thence
(xxvi) S. 58°53′00″ W. 1158.36 feet to
a point in the Southwesterly line of said
River Lane; thence
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(xxvii) S. 41°31′35″ E. 113.50 feet;
thence
(xxviii) S. 61°28′35″ W. 863.52 feet to
the point of beginning.
(C)(i) Except as provided in clause (ii), be-
ginning at a point in the centerline of Church
Street (49.50 feet wide) where the same is inter-
sected by the curved northerly line of Pennsyl-
vania-Reading Seashore Lines Railroad right-of-
way (66.00 feet wide), along that Railroad, on a
curve to the left, having a radius of 1465.69 feet,
an arc distance of 1132.14 feet—
(I) N. 88°45′47″ W. 1104.21 feet;
thence
(II) S. 69°06′30″ W. 1758.95 feet;
thence
(III) N. 23°04′43″ W. 600.19 feet;
thence
(IV) N. 19°15′32″ W. 3004.57 feet;
thence
(V) N. 44°52′41″ W. 897.74 feet; thence
(VI) N. 32°26′05″ W. 2765.99 feet to a
point in the Pierhead and Bulkhead Line
along the Southeasterly shore of the Dela-
ware River; thence
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(VII) N. 53°37′05″ E. 2770.00 feet;
thence
(VIII) S. 36°22′55″ E. 870.00 feet;
thence
(IX) S. 57°04′39″ E. 481.04 feet;
thence
(X) S. 35°33′54″ E. 975.59 feet; thence
(XI) S. 27°56′37″ E. 3674.36 feet;
thence
(XII) 
crossing 
Church 
Street, 
S.
34°19′51″ E. 1590.16 feet to a point in the
easterly line of Church Street; thence
(XIII) S. 11°28′50″ W. 1052.14 feet;
thence
(XIV) S. 61°28′35″ W. 32.31 feet;
thence
(XV) S. 11°28′50″ W. 38.56 feet to the
point of beginning.
(ii) The parcel described in clause (i) does
not include the parcel beginning at the point in
the centerline of Church Street (49.50 feet wide),
that point being N. 11°28′50″ E. 796.36 feet,
measured along the centerline, from its intersec-
tion with the curved northerly right-of-way line
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of Pennsylvania-Reading Seashore Lines Rail-
road (66.00 feet wide)—
(I) N. 78°27′40″ W. 118.47 feet; thence
(II) N. 15°48′40″ W. 120.51 feet;
thence
(III) N. 77°53′00″ E 189.58 feet to a
point in the centerline of Church Street;
thence
(IV) S. 11°28′50″ W. 183.10 feet to the
point of beginning.
(b) LIMITS
ON APPLICABILITY; REGULATORY RE-
QUIREMENTS.—
(1) IN GENERAL.—The designation under sub-
section (a)(1) shall apply to those parts of the areas
described in subsection (a) that are or will be bulk-
headed and filled or otherwise occupied by permanent
structures, including marina facilities.
(2) APPLICABLE LAW.—All activities described
in paragraph (1) shall be subject to all applicable
Federal law, including—
(A) the Act of March 3, 1899 (30 Stat.
1121, chapter 425);
(B) section 404 of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1344); and
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(C) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(c) TERMINATION OF DESIGNATION.—If, on the date
that is 20 years after the date of enactment of this Act,
any area or portion of an area described in subsection
(a)(3) is not bulkheaded, filled, or otherwise occupied by
permanent structures (including marina facilities) in ac-
cordance with subsection (b), or if work in connection with
any activity authorized under subsection (b) is not com-
menced by the date that is 5 years after the date on which
permits for the work are issued, the designation of non-
navigability under subsection (a)(1) for that area or por-
tion of an area shall terminate.
SEC. 110. NOME HARBOR TECHNICAL CORRECTIONS.
Section 101(a)(1) of Public Law 106–53 (the Water Re-
sources Development Act of 1999) is amended by—
(1) striking ‘‘$25,651,000’’ and inserting in its
place ‘‘$39,000,000’’; and
(2) striking ‘‘$20,192,000’’ and inserting in its
place ‘‘$33,541,000’’.
SEC. 111. The Secretary of the Army shall not accept
or solicit non-Federal voluntary contributions for shore pro-
tection work in excess of the minimum requirements estab-
lished by law; except that, when voluntary contributions are
tendered by a non-Federal sponsor for the prosecution of
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work outside the authorized scope of the Federal project at
full non-Federal expense, the Secretary is authorized to ac-
cept said contributions.
SEC. 112. Section 211 of the Water Resources and De-
velopment Act of 2000 (P.L. 106–541; 114 Stat. 2592–2593)
is amended by adding the following language at the end
of subsection (d):
‘‘(3) ENGINEERING
RESEARCH
AND
DEVELOP-
MENT CENTER.—The Engineering Research and De-
velopment Center is exempt from the requirements of
this section.’’.
SEC. 113. Section 514(g) of the Water Resources and
Development Act of 1999 (113 Stat. 343) is amended by
striking ‘‘fiscal years 2000 and 2001’’ and inserting in lieu
thereof ‘‘fiscal years 2000 through 2002’’.
SEC. 114. (a)(1) Not later than December 31, 2001,
the Secretary shall investigate the flood control project for
Fort Fairfield, Maine, authorized under section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s); and
(2) determine whether the Secretary is responsible for
a design deficiency in the project relating to the interference
of ice with pump operation.
(b) If the Secretary determines under subsection (a)
that the Secretary is responsible for the design deficiency,
the Secretary shall correct the design deficiency, including
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the cost of design and construction, at 100 percent Federal
expense.
SEC. 115. The Corps of Engineers is urged to proceed
with design of the Section 205 Mad Creek Flood Control
Project in Iowa.
SEC. 116. CERRILLOS DAM, PUERTO RICO. The Sec-
retary of the Army shall reassess the allocation of Federal
and non-Federal costs for construction of the Cerrillos Dam,
carried out as part of the project for flood control, Portugues
and Bucana Rivers, Puerto Rico.
SEC. 117. RARITAN RIVER BASIN, GREEN BROOK
SUBBASIN, NEW JERSEY. The Secretary of the Army shall
implement, with a Federal share of 75 percent and a non-
Federal share of 25 percent, a buyout plan in the western
portion of Middlesex Borough, located in the Green Brook
subbasin of the Raritan River basin, New Jersey, that
includes—
(1) the buyout of not to exceed 10 single-family
residences;
(2) floodproofing of not to exceed 4 commercial
buildings located along Prospect Place or Union Ave-
nue; and
(3) the buyout of not to exceed 3 commercial
buildings located along Raritan Avenue or Lincoln
Avenue.
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SEC. 118. STUDY OF CORPS CAPABILITY TO CONSERVE
FISH AND WILDLIFE. Section 704(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 2263(b)) is amended—
(1) by redesignating paragraphs (1), (2), (3),
and (4) as subparagraphs (A), (B), (C), and (D), re-
spectively;
(2) by striking ‘‘(b) The Secretary’’ and insert-
ing the following:
‘‘(b) PROJECTS.—
‘‘(1) IN GENERAL.—The Secretary’’; and
(3) by striking ‘‘The non-Federal share of the
cost of any project under this section shall be 25 per-
cent.’’ and inserting the following:
‘‘(2) COST SHARING.—
‘‘(A) IN GENERAL.—The non-Federal share
of the cost of any project under this subsection
shall be 25 percent.
‘‘(B) FORM.—The non-Federal share may
be provided through in-kind services, including
the provision by the non-Federal interest of shell
stock material that is determined by the Chief of
Engineers to be suitable for use in carrying out
the project.
‘‘(C) APPLICABILITY.—The non-Federal in-
terest shall be credited with the value of in-kind
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services provided on or after October 1, 2000, for
a project described in paragraph (1) completed
on or after that date, if the Secretary determines
that the work is integral to the project.
TITLE II
DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For carrying out activities authorized by the Central
Utah Project Completion Act, $34,918,000, to remain avail-
able until expended, of which $10,749,000 shall be deposited
into the Utah Reclamation Mitigation and Conservation
Account of the Central Utah Project Completion Act and
shall be available to carry out activities authorized under
that Act.
In addition, for necessary expenses incurred in car-
rying out related responsibilities of the Secretary of the In-
terior, $1,310,000, to remain available until expended.
BUREAU OF RECLAMATION
The following appropriations shall be expended to exe-
cute authorized functions of the Bureau of Reclamation:
WATER AND RELATED RESOURCES
(INCLUDING TRANSFER OF FUNDS)
For management, development, and restoration of
water and related natural resources and for related activi-
ties, including the operation, maintenance and rehabilita-
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tion of reclamation and other facilities, participation in
fulfilling related Federal responsibilities to Native Ameri-
cans, and related grants to, and cooperative and other
agreements with, State and local governments, Indian
tribes, and others, $732,496,000, to remain available until
expended, of which $4,000,000 shall be available for the
West River/Lyman-Jones Rural Water System to provide
rural, municipal, and industrial drinking water for Philip,
South Dakota, in accordance with the Mni Wiconi Project
Act of 1988 (102 Stat. 2566; 108 Stat. 4539), of which
$14,649,000 shall be available for transfer to the Upper Col-
orado River Basin Fund and $31,442,000 shall be available
for transfer to the Lower Colorado River Basin Develop-
ment Fund; of which such amounts as may be necessary
may be advanced to the Colorado River Dam Fund; of
which $8,000,000 shall be for on-reservation water develop-
ment, feasibility studies, and related administrative costs
under Public Law 106–163; of which not more than 25 per-
cent of the amount provided for drought emergency assist-
ance may be used for financial assistance for the prepara-
tion of cooperative drought contingency plans under title
II of Public Law 102–250; and of which not more than
$500,000 is for high priority projects which shall be carried
out by the Youth Conservation Corps, as authorized by 16
U.S.C. 1706: Provided, That such transfers may be in-
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egon: Provided further, That of such funds, not more than
$1,500,000 shall be available to the Secretary for completion
of a feasibility study for the Santa Fe Regional Water Sys-
tem, New Mexico: Provided further, That the study shall
be completed by September 30, 2002.
BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT
For the cost of direct loans and/or grants, $7,215,000,
to remain available until expended, as authorized by the
Small Reclamation Projects Act of August 6, 1956, as
amended (43 U.S.C. 422a–422l): Provided, That such costs,
including the cost of modifying such loans, shall be as de-
fined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are
available to subsidize gross obligations for the principal
amount of direct loans not to exceed $26,000,000.
In addition, for administrative expenses necessary to
carry out the program for direct loans and/or grants,
$280,000, to remain available until expended: Provided,
That of the total sums appropriated, the amount of program
activities that can be financed by the Reclamation Fund
shall be derived from that Fund.
CENTRAL VALLEY PROJECT RESTORATION FUND
For carrying out the programs, projects, plans, and
habitat restoration, improvement, and acquisition provi-
sions of the Central Valley Project Improvement Act,
$55,039,000, to be derived from such sums as may be col-
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lected in the Central Valley Project Restoration Fund pur-
suant to sections 3407(d), 3404(c)(3), 3405(f), and
3406(c)(1) of Public Law 102–575, to remain available
until expended: Provided, That the Bureau of Reclamation
is directed to assess and collect the full amount of the addi-
tional mitigation and restoration payments authorized by
section 3407(d) of Public Law 102–575.
POLICY AND ADMINISTRATION
For necessary expenses of policy, administration, and
related functions in the office of the Commissioner, the Den-
ver office, and offices in the five regions of the Bureau of
Reclamation, 
to 
remain 
available 
until 
expended,
$52,968,000, to be derived from the Reclamation Fund and
be nonreimbursable as provided in 43 U.S.C. 377: Provided,
That no part of any other appropriation in this Act shall
be available for activities or functions budgeted as policy
and administration expenses.
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall
be available for purchase of not to exceed four passenger
motor vehicles for replacement only.
GENERAL PROVISIONS
DEPARTMENT OF THE INTERIOR
SEC. 201. 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
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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. 202. Funds under this title for Drought Emer-
gency Assistance shall be made available primarily for leas-
ing of water for specified drought related purposes from
willing lessors, in compliance with existing State laws and
administered under State water priority allocation. Such
leases may be entered into with an option to purchase: Pro-
vided, That such purchase is approved by the State in
which the purchase takes place and the purchase does not
cause economic harm within the State in which the pur-
chase is made.
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 cer-
tain 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 (96 Stat. 1226, 1272;
43 U.S.C. 390ff, 390ww(c)), including the amount of associ-
ated interest assessed by the Secretary and paid to the
United States pursuant to section 224(i) of the Reclamation
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Reform Act of 1982 (101 Stat. 1330–268; 43 U.S.C.
390ww(i)).
SEC. 204. LOWER COLORADO RIVER BASIN DEVELOP-
MENT 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 the general fund of the
Treasury until each provision of the Stipulation Regarding
a Stay and for Ultimate Judgment Upon the Satisfaction
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 provi-
sions of the stipulation referred to in subsection (a) is 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 Colo-
rado 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 other-
wise made available by this Act may be used to determine
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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 Administrator of the Envi-
ronmental Protection Agency, to minimize any detrimental
effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Pro-
gram 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 Re-
payment Plan’’ described in the report entitled ‘‘Repayment
Report, Kesterson Reservoir Cleanup Program and San
Joaquin Valley Drainage Program, February 1995’’, pre-
pared by the Department of the Interior, Bureau of Rec-
lamation. 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 reim-
bursable 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 re-
placement, repair, and extraordinary maintenance with re-
gard to the Valve Rehabilitation Project at the Arrowrock
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Dam on the Arrowrock Division of the Boise Project in
Idaho, shall recover no more than $6,900,000 of such ex-
penses according to the application of the current formula
for charging users for reimbursable operation and mainte-
nance expenses at Bureau of Reclamation facilities on the
Boise Project, and shall recover this portion of such expenses
over a period of 15 years.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY SUPPLY
For Department of Energy expenses including the pur-
chase, construction and acquisition of plant and capital
equipment, and other expenses necessary for energy supply,
and uranium supply and enrichment 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 vehi-
cles for replacement only, $736,139,000, to remain available
until expended, of which not less than $3,000,000 shall be
used for the advanced test reactor research and development
upgrade initiative, and of which $1,000,000 may be avail-
able for the Consortium for Plant Biotechnology Research.
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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 en-
vironmental 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 con-
demnation of any real property or any facility or for plant
or 
facility 
acquisition, 
construction 
or 
expansion,
$228,553,000, to remain available until expended.
URANIUM FACILITIES MAINTENANCE AND REMEDIATION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to maintain, decontaminate,
decommission, and otherwise remediate uranium processing
facilities, $408,725,000, of which $287,941,000 shall be de-
rived from the Uranium Enrichment Decontamination and
Decommissioning Fund, all of which shall remain available
until expended.
SCIENCE
For Department of Energy expenses including the pur-
chase, construction and acquisition of plant and capital
equipment, and other expenses necessary for science activi-
ties in carrying out the purposes of the Department of En-
ergy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or
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facility or for plant or facility acquisition, construction, or
expansion, and purchase of not to exceed 25 passenger
motor vehicles for replacement only, $3,268,816,000, to re-
main available until expended: Provided, That within the
funds provided, molecular nuclear medicine research shall
be continued at not less than the fiscal year 2001 funding
level.
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 ex-
pansion, $25,000,000, to remain available until expended
and to be derived from the Nuclear Waste Fund: Provided,
That $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 responsibil-
ities 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 gov-
ernments, as defined in Public Law 97–425, to conduct ap-
propriate 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
HR 2311 EAS
Division of Emergency Management by direct payment and
units of local government by direct payment: Provided fur-
ther, 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 Department of En-
ergy 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 influence legislative action on any matter
pending before Congress or a State legislature or for lob-
bying activity as provided in 18 U.S.C. 1913; (2) used for
litigation expenses; or (3) used to support multi-State ef-
forts or other coalition building activities inconsistent with
the restrictions contained in this Act: Provided further,
That all proceeds and recoveries by the Secretary in car-
rying out activities authorized by the Nuclear Waste Policy
Act of 1982 in 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 re-
main available until expended.
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DEPARTMENTAL ADMINISTRATION
For salaries and expenses of the Department of Energy
necessary 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 ex-
penses (not to exceed $35,000), $208,948,000, to remain
available until expended, plus such additional 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 avail-
able until expended: Provided further, That moneys received
by the Department for miscellaneous revenues estimated to
total $137,810,000 in fiscal year 2002 may be retained and
used for operating expenses within this account, and may
remain available until expended, as authorized 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 miscella-
neous revenues received during fiscal year 2002 so as to
result in a final fiscal year 2002 appropriation from the
General Fund estimated at not more than $71,138,000.
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OFFICE OF THE INSPECTOR GENERAL
For necessary expenses of the Office of the Inspector
General in carrying out the provisions of the Inspector Gen-
eral Act of 1978, as amended, $30,000,000, to remain avail-
able 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 the acquisition or con-
demnation 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 11 for
replacement only), $6,062,891,000, to remain available
until expended: Provided, That, $30,000,000 shall be uti-
lized for technology partnerships supportive of the National
Nuclear Security Administration missions and $3,000,000
shall be utilized at the NNSA laboratories for support of
small business interactions including technology clusters
relevant to laboratory missions: Provided further, That
$1,000,000 shall be made available for community reuse or-
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ganizations within the Office of Worker and Community
Transition.
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 ac-
tivities, in carrying out the purposes of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), includ-
ing the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition, construc-
tion, or expansion, $880,500,000, to remain available until
expended: Provided, That not to exceed $7,000 may be used
for official reception and representation expenses for na-
tional security and nonproliferation (including trans-
parency) activities in fiscal year 2002.
NAVAL REACTORS
For Department of Energy expenses necessary for
naval reactors activities to carry out the Department of En-
ergy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition (by purchase, condemnation, construction,
or otherwise) of real property, plant, and capital equip-
ment, facilities, and facility expansion, $688,045,000, to re-
main available until expended.
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OFFICE OF THE ADMINISTRATOR
For necessary expenses of the Office of the Adminis-
trator of the National Nuclear Security Administration, in-
cluding official reception and representation expenses (not
to exceed $15,000), $15,000,000, to remain available until
expended.
OTHER DEFENSE RELATED 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.), in-
cluding the acquisition or condemnation of any real prop-
erty or any facility or for plant or facility acquisition, con-
struction, or expansion; and the purchase of 30 passenger
motor vehicles, of which 27 shall be for replacement only,
$5,389,868,000, to remain available until expended.
DEFENSE FACILITIES CLOSURE PROJECTS
For expenses of the Department of Energy to accelerate
the closure of defense environmental management sites, in-
cluding the purchase, construction and acquisition of plant
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and capital equipment and other necessary expenses,
$1,080,538,000, to remain available 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.),
$157,537,000, 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 pur-
poses of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or con-
demnation of any real property or any facility or for plant
or 
facility 
acquisition, 
construction, 
or 
expansion,
$564,168,000, 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 ex-
pansion, $250,000,000, to remain available until expended.
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POWER MARKETING ADMINISTRATIONS
BONNEVILLE POWER ADMINISTRATION FUND
Expenditures from the Bonneville Power Administra-
tion Fund, established pursuant to Public Law 93–454, are
approved for official reception and representation expenses
in an amount not to exceed $1,500. For the purposes of
appropriating funds to assist in financing the construction,
acquisition, and replacement of the transmission system of
the Bonneville Power Administration up to $2,000,000,000
in borrowing authority is authorized to be appropriated,
subject to subsequent annual appropriations, to remain out-
standing at any given time: Provided, That the obligation
of such borrowing authority shall not exceed $0 in fiscal
year 2002 and that the Bonneville Power Administration
shall not obligate more than $374,500,000 of its permanent
borrowing in fiscal year 2002.
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 ap-
plied to the southeastern power area, $4,891,000, to remain
available until expended; in addition, notwithstanding the
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provisions of 31 U.S.C. 3302, up to $8,000,000 collected 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 collec-
tions, to remain available until expended for the sole pur-
pose 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, substations and appurtenant facilities,
and for administrative expenses, including official recep-
tion and representation expenses in an amount not to ex-
ceed $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, $28,038,000, to remain
available until expended; in addition, notwithstanding the
provisions of 31 U.S.C. 3302, not to exceed $5,200,000 in
reimbursements, to remain available until expended: Pro-
vided, 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
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available until expended for the sole purpose of making pur-
chase 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, $169,465,000, to remain available
until expended, of which $163,951,000 shall be derived from
the Department of the Interior Reclamation Fund: Pro-
vided, That of the amount herein appropriated, $6,091,000
is for deposit into the Utah Reclamation Mitigation and
Conservation Account pursuant to title IV of the Reclama-
tion Projects Authorization and Adjustment Act of 1992:
Provided further, That up to $152,624,000 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 re-
main available until expended for the sole purpose of mak-
ing purchase power and wheeling expenditures: Provided
further, That of the amount herein appropriated, not less
than $200,000 shall be provided for corridor review and en-
vironmental review required for construction of a 230 kv
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transmission line between Belfield and Hettinger, North
Dakota: Provided further, That these funds shall be non-
reimbursable: Provided further, That these funds shall be
available until expended: Provided further, That within the
amount herein appropriated not less than $200,000 shall
be provided for the Western Area Power Administration to
conduct a technical analysis of the costs and feasibility of
transmission expansion methods and technologies: Provided
further, That WAPA shall publish a study by July 31, 2002
that contains recommendations of the most cost-effective
methods and technologies to enhance electricity trans-
mission from lignite and wind energy: Provided further,
That these funds shall be nonreimbursable: Provided fur-
ther, That these funds shall be available until expended.
FALCON AND AMISTAD OPERATING AND MAINTENANCE
FUND
For operation, maintenance, and emergency costs for
the hydroelectric facilities at the Falcon and Amistad
Dams, $2,663,000, to remain available until expended, and
to be derived from the Falcon and Amistad Operating and
Maintenance Fund of the Western Area Power Administra-
tion, as provided in section 423 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
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FEDERAL ENERGY REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Energy Regu-
latory Commission to carry out the provisions of the De-
partment 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),
$187,155,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law, not
to exceed $187,155,000 of revenues from fees and annual
charges, and other services and collections in fiscal year
2002 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 2002 so as to result in a final fiscal year
2002 appropriation from the General Fund estimated at
not more than $0: Provided further, That the Commission
is authorized to hire an additional 10 senior executive serv-
ice positions.
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
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contract unless such contract is awarded using competitive
procedures or the Secretary of Energy grants, on a case-
by-case basis, a waiver to allow for such a deviation. The
Secretary may not delegate the authority to grant such a
waiver.
(b) At least 60 days before a contract award, amend-
ment, or modification for which the Secretary intends to
grant such a waiver, the Secretary shall submit to the Sub-
committees on Energy and Water Development of the Com-
mittees on Appropriations of the House of Representatives
and the Senate a report notifying the subcommittees of the
waiver and setting forth the reasons for the waiver.
SEC. 302. None of the funds appropriated by this Act
may be used to—
(1) develop or implement a workforce restruc-
turing plan that covers employees of the Department
of Energy; or
(2) provide enhanced severance payments or
other benefits for employees of the Department of En-
ergy,
under section 3161 of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat.
2644; 42 U.S.C. 7274h).
SEC. 303. None of the funds appropriated by this Act
may be used to augment the $20,000,000 made available
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for obligation by this Act for severance payments and other
benefits and community assistance grants under section
3161 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102–484; 106 Stat. 2644; 42 U.S.C.
7274h) unless the Department of Energy submits a re-
programming request subject to approval by the appro-
priate Congressional committees.
SEC. 304. None of the funds appropriated by this Act
may be used to prepare or initiate Requests For Proposals
(RFPs) for a program if the program has not been funded
by Congress.
(TRANSFERS OF UNEXPENDED BALANCES)
SEC. 305. The unexpended balances of prior appro-
priations provided for activities in this Act may be trans-
ferred to appropriation accounts for such activities estab-
lished 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. Of the funds in this Act or any other Act
provided to government-owned, contractor-operated labora-
tories, not to exceed 6 percent shall be available to be used
for Laboratory Directed Research and Development.
SEC. 307. None of the funds in this Act may be used
to dispose of transuranic waste in the Waste Isolation Pilot
Plant which contains concentrations of plutonium in excess
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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 mate-
rial categories of transuranic waste at the Rocky Flats En-
vironmental 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 Pluto-
nium Residues and Scrub Alloy Stored at the Rocky Flats
Environmental Technology Site’’.
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, development, and demonstration activities with
respect to the engineering and manufacturing capabilities
at such plant in order to maintain and enhance such capa-
bilities at such plant: Provided, That of the amount allo-
cated 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 be used for these activities: Provided further, That for
purposes of this section, the term ‘‘covered nuclear weapons
production plant’’ means the following:
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(1) The Kansas City Plant, Kansas City, Mis-
souri.
(2) The Y–12 Plant, Oak Ridge, Tennessee.
(3) The Pantex Plant, Amarillo, Texas.
(4) The Savannah River Plant, South Carolina.
SEC. 309. Notwithstanding any other law, and without
fiscal year limitation, each Federal Power Marketing Ad-
ministration is authorized to engage in activities and so-
licit, undertake and review studies and proposals relating
to the formation and operation of a regional transmission
organization.
SEC. 310. The Administrator of the National Nuclear
Security Administration may authorize the manager of the
Nevada Operations Office to engage in research, develop-
ment, and demonstration activities with respect to the de-
velopment, test, and evaluation capabilities necessary for
operations and readiness of the Nevada Test Site: Provided,
That of the amount allocated to the Nevada Operations Of-
fice each fiscal year from amounts available to the Depart-
ment 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.
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SEC. 311. DEPLETED URANIUM HEXAFLUORIDE. Sec-
tion 1 of Public Law 105–204 is amended in subsection
(b)—
(1) by inserting ‘‘except as provided in sub-
section (c),’’ after ‘‘1321–349),’’; and
(2) by striking ‘‘fiscal year 2002’’ and inserting
‘‘fiscal year 2005’’.
SEC. 312. (a) The Secretary of Energy shall conduct
a study of alternative financing approaches, to include
third-party-type methods, for infrastructure and facility
construction projects across the Department of Energy.
(b) The study shall be completed and delivered to the
House and Senate Committees on Appropriations within
180 days of enactment.
SEC. 313. (a) IN GENERAL.—The Secretary of Energy
shall provide for the management of environmental matters
(including planning and budgetary activities) with respect
to the Paducah Gaseous Diffusion Plant, Kentucky, through
the Assistant Secretary of Energy for Environmental Man-
agement.
(b) PARTICULAR REQUIREMENTS.—(1) In meeting the
requirement in subsection (a), the Secretary shall provide
for direct communication between the Assistant Secretary
of Energy for Environmental Management and the head of
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the Paducah Gaseous Diffusion Plant on the matters cov-
ered by that subsection.
(2) The Assistant Secretary shall carry out activities
under this section in direct consultation with the head of
the Paducah Gaseous Diffusion Plant.
SEC. 314. (a) The Senate finds that:
(1) The Department of Energy’s Yucca Mountain
program has been one of the most intensive scientific
investigations in history.
(2) Significant milestones have been met, includ-
ing the recent release of the Science and Engineering
Report, and others are due in the near future includ-
ing the Final Site Suitability Evaluation.
(3) Nuclear power presently provides 20 percent
of the electricity generated in the United States.
(4) A decision on how to dispose of spent nuclear
fuel and high level radioactive waste is essential to
the future of nuclear power in the United States.
(5) Any decision on how to dispose of spent nu-
clear fuel and high level radioactive waste must be
based on sound science and it is critical that the Fed-
eral Government provide adequate funding to ensure
the availability of such science in a timely manner to
allow fully informed decisions to be made in accord-
ance with the statutorily mandated process.
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(b) It is the sense of the Senate that the conferees on
the part of the Senate should ensure that the levels of fund-
ing included in the Senate bill for the Yucca Mountain pro-
gram are increased to an amount closer to that included
in the House-passed version of the bill to ensure that a de-
termination on the disposal of spent nuclear fuel and high
level radioactive waste can be concluded in accordance with
the statutorily mandated process.
SEC. 315. The Department of Energy shall consult
with the State of South Carolina regarding any decisions
or plans related to the disposition of surplus plutonium lo-
cated at the Department of Energy Savannah River Site.
The Secretary of Energy shall prepare not later than Sep-
tember 30, 2002, a plan for those facilities required to en-
sure the capability to dispose of such materials.
SEC. 316. PROHIBITION OF OIL AND GAS DRILLING
IN THE FINGER LAKES NATIONAL FOREST, NEW YORK. No
Federal permit or lease shall be issued for oil or gas drilling
in the Finger Lakes National Forest, New York, during fis-
cal year 2002 or thereafter.
TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs au-
thorized by the Appalachian Regional Development Act of
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NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Commission in carrying
out the purposes of the Energy Reorganization Act of 1974,
as amended, and the Atomic Energy Act of 1954, as amend-
ed, including official representation expenses (not to exceed
$15,000), and purchase of promotional items for use in the
recruitment of individuals for employment, $516,900,000,
to remain available until expended: Provided, That of the
amount appropriated herein, $23,650,000 shall be derived
from the Nuclear Waste Fund: Provided further, That reve-
nues from licensing fees, inspection services, and other serv-
ices and collections estimated at $468,248,000 in fiscal year
2002 shall be retained and used for necessary salaries and
expenses in this account, notwithstanding 31 U.S.C. 3302,
and shall remain available until expended: Provided fur-
ther, That, $700,000 of the funds herein appropriated for
regulatory reviews and other assistance to Federal agencies
and States shall be excluded from license fee revenues, not-
withstanding 42 U.S.C. 2214: Provided further, That the
sum herein appropriated shall be reduced by the amount
of revenues received during fiscal year 2002 so as to result
in a final fiscal year 2002 appropriation estimated at not
more than $48,652,000: Provided further, That, notwith-
standing any other provision of law, no funds made avail-
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able under this or any other Act may be expended by the
Commission to implement or enforce 10 C.F.R. Part 35,
as adopted by the Commission on October 23, 2000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, as amended, $5,500,000, to remain available
until expended: Provided, That revenues from licensing fees,
inspection services, and other services and collections esti-
mated at $5,280,000 in fiscal year 2002 shall be retained
and be available until expended, for necessary salaries and
expenses in this account notwithstanding 31 U.S.C. 3302:
Provided further, That the sum herein appropriated shall
be reduced by the amount of revenues received during fiscal
year 2002 so as to result in a final fiscal year 2002 appro-
priation estimated at not more than $220,000.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
SALARIES AND EXPENSES
For necessary expenses of the Nuclear Waste Technical
Review Board, as authorized by Public Law 100–203, sec-
tion 5051, $3,500,000, to be derived from the Nuclear Waste
Fund, and to remain available until expended.
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TITLE V
GENERAL PROVISIONS
SEC. 501. None of the funds appropriated by this Act
may be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to commu-
nicate to Members of Congress as described in section 1913
of title 18, United States Code.
SEC. 502. (a) PURCHASE OF AMERICAN-MADE EQUIP-
MENT AND PRODUCTS.—It is the sense of the Congress that,
to the greatest extent practicable, all equipment and prod-
ucts purchased with funds made available in this Act should
be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any entity
using funds made available in this Act, the head of each
Federal agency, to the greatest extent practicable, shall pro-
vide to such entity a notice describing the statement made
in subsection (a) by the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal agen-
cy that any person intentionally affixed a label bearing a
‘‘Made in America’’ inscription, or any inscription with
the same meaning, to any product sold in or shipped to
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the United States that is not made in the United States,
the person shall be ineligible to receive any contract or sub-
contract made with funds made available in this Act, pur-
suant to the debarment, suspension, and ineligibility proce-
dures described in sections 9.400 through 9.409 of title 48,
Code of Federal Regulations.
This Act may be cited as the ‘‘Energy and Water De-
velopment Appropriations Act, 2002’’.
Attest:
Secretary.
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