Bill summaries are authored by CRS.

Shown Here:
Conference report filed in House (10/30/2001)

Energy and Water Development Appropriations Act, 2002 - Title I: Department of Defense - Civil - Makes FY 2002 appropriations to the Department of the Army and its Corps of Engineers for: (1) civil functions relating to rivers and harbors, flood control, beach erosion; (2) river and harbor, flood control, shore protection; (3) certain flood control projects on the Mississippi River and its tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee; (4) the navigable waters and wetlands regulatory program; and (5) formerly utilized sites remedial action program.

Rescinds $25 million of the funds previously made available for flood control and coastal emergencies.

(Sec. 101) Directs the Secretary of the Army to convey to the Blue Township Fire District, Blue Township, Kansas, all Federal interest to a parcel of land located in Pottawatomie County, Tuttle Creek Lake, Kansas.

(Sec. 104) Bars the use of funds to: (1) implement any activity relating to closure or removal of the St. Georges Bridge, Delaware, across designated routes; or (2) accelerate the schedule to finalize the Record of Decision for the revision of the Missouri River Master Water Control Manual and associated changes to the Missouri River Annual Operating Plan.

(Sec. 105) Provides that the non-Federal interest shall receive credit towards certain lands, easements, relocations, rights-of-way, and disposal areas required for the Lava Hot Springs restoration project in Idaho, but only if the Secretary of the Army ( Secretary) determines such work is integral to the project.

(Sec. 106) Authorizes the Secretary to construct the flood control project for Guadalupe River, California, at specified Federal and non-Federal estimated costs in accordance with a certain report.

(Sec. 107) Requires the Secretary to designate as nonnavigable certain parcels of property in West Deptford Township, Gloucester County, New Jersey.

(Sec. 108) Amends the Water Resources Development Act of 1999 to increase authorizations for improvements to Nome Harbor (Alaska).

(Sec. 109) Amends the Water Resources Development Act of 2000 to exempt the Engineering Research and Development Center from requirements governing the performance of either specialized or technical services by the Corps of Engineers to a Federal, State, or a local governmental entity.

(Sec. 110) Amends the Water Resources Development Act of 1999 to extend through FY 2002 the authorization of the Missouri and Middle Mississippi Rivers Enhancement Project.

(Sec. 111) Instructs the Secretary to: (1) implement certain corrective actions to preclude ice from interfering with pump operations at the Fort Fairfield, Maine, flood control project; and (2) reassess the allocation of Federal and non-Federal construction costs of the Cerrillos Dam (Puerto Rico).

(Sec. 113) Amends the Water Resources Development Act of 1986 to modify the non-Federal cost share to include in-kind services and provision of shell stock material.

(Sec. 114) Modifies the flood control project for the Ramapo River at Oakland, New Jersey, to authorize the Secretary to construct it at a certain total cost, with specified estimated Federal and non-Federal costs.

(Sec. 115) Prohibits the use of funds appropriated in this Act to operate the dredge MCFARLAND for other than designated urgencies.

Title II: Department of the Interior - Makes FY 2002 appropriations to the Department of the Interior for: (1) the Central Utah Project; (2) the Bureau of Reclamation for water and related resources; (3) the Bureau of Reclamation Loan Program Account; and (4) the Central Valley Project Restoration Fund.

(Sec. 201) Authorizes the Secretary of the Interior to enter into grants and cooperative agreements with Indian entities in order to increase opportunities for Indian tribes to develop, manage and protect their water resources.

(Sec. 202) Amends the Miscellaneous Appropriations Act, 2001 to transfer administration of the San Gabriel Basin Restoration Fund from the Secretary of the Army to the Secretary of the Interior. Changes the purpose of the Fund from the design and construction of certain water quality projects to provision of grants to the San Gabriel Basin Water Quality Authority and the Central Basin Municipal Water District to reimburse them for the design, construction, and operation of such projects.

(Sec. 203) Authorizes the Secretary of the Interior to use up to $1 million to refund specified payments (including the amount of associated interest) to the United States for pre-1994 charges assessed for failure to file certification or reporting forms before receipt of irrigation water under the Reclamation Reform Act of 1982.

(Sec. 204) Prohibits any payments from the Lower Colorado River Basin Development Fund into the general fund of the Treasury until each provision of a specified Stipulation for Ultimate Judgment filed in Federal district court has been met.

(Sec. 205) Prohibits the use of funds made available by this Act to determine the final point of discharge for the interceptor drain for the San Luis Unit until the Secretary of the Interior and the State of California develop a plan, conforming to California water quality standards, to minimize any detrimental effect of the San Luis drainage waters.

Directs the Secretary of the Interior to classify the costs of the Kesterson Reservoir Cleanup and the San Joaquin Valley Drainage Programs as reimbursable or nonreimbursable and collected until fully repaid pursuant to the "Cleanup Program--Alternative Repayment Plan" and the "SJVDP--Alternative Repayment Plan" described in a specified report. Makes San Luis Unit beneficiaries of drainage service or drainage studies responsible for reimbursing the United States for any future obligations of Federal funds relating to such service or studies.

(Sec. 206) Instructs the Secretary of the Interior to recover over a 15-year period up to a certain maximum amount of specified reimbursable expenses incurred for replacement, repair, and extraordinary maintenance regarding the Valve Rehabilitation Project at Arrowrock Dam on the Arrowrock Division of the Boise Project in Idaho.

(Sec. 207) Prohibits the use of appropriated funds to pay the salaries and expenses of personnel to purchase or lease water in the Middle Rio Grande or the Carlsbad Projects in New Mexico unless such purchase or lease is in compliance with specified statutory purchase requirements.

(Sec. 208) Bars the Bureau of Reclamation from using funds made available under this Act for the issuance of permits or any activity related to the management of commercial rafting activities within the Auburn State Recreation Area, California, until certain statutory environmental requirements have been met.

(Sec. 209) Amends the Water Resources Development Act of 1999, with respect to the makeup of water shortages caused by flood control operation at Folsom Dam and reservoir (California), to require payment: (1) on a non-reimbursable basis by the Secretary of the Interior of 75 percent of the costs of replacement water; and (2) of 25 percent by the Sacramento Area Flood Control Agency.

Title III: Department of Energy - Makes FY 2002 appropriations to the Department of Energy (DOE) for: (1) energy supply programs; (2) non-defense environmental management; (3) uranium facilities maintenance and remediation; (4) general DOE science activities; (5) nuclear waste disposal; (6) DOE administration and its Office of the Inspector General; (7) atomic energy defense weapons activities; (8) defense nuclear nonproliferation activities; (9) naval reactors activities; (10) Office of the National Nuclear Security Administration (NNSA) Administrator; (11) defense environmental restoration and waste management; (12) defense facilities closure projects; (13) defense environmental management privatization projects; (14) defense nuclear waste disposal; (15) geographical power marketing administrations of DOE (including hydroelectric facilities at the Falcon and Amistad Dams); and (16) the Federal Energy Regulatory Commission.

(Sec. 301) Prohibits the use of appropriations under this Act to award a management and operating contract except using competitive procedures, unless the Secretary of Energy grants a waiver on a case-by-case basis.

Prohibits delegation of such waiver authority.

(Sec. 302) Prohibits the use of appropriations under this Act to: (1) develop or implement a workforce restructuring plan for DOE employees, or to provide them with enhanced severance payments or other benefits; or (2) prepare or initiate Requests for Proposals for a program that has not been funded by Congress.

(Sec. 306) Prohibits the use of funds designated under any Act for the Administrator of the Bonneville Power Administration to enter into any agreement to perform energy efficiency services outside the legally defined Bonneville service territory, unless the Administrator certifies in advance that such services are not available from private sector business.

(Sec. 308) Prohibits the use of funds under this Act to dispose of transuranic waste containing concentrations of plutonium exceeding 20 percent by weight in the Waste Isolation Pilot Plant.

(Sec. 309) Permits the NNSA Administrator to authorize: (1) the plant manager of a covered nuclear weapons production plant to engage in research, development, and demonstration activities in order to maintain and enhance plant engineering and manufacturing capabilities; and (2) the manager of the Nevada Operations Office to engage in research, development, and demonstration activities regarding capabilities necessary for operations and readiness of the Nevada Test Site.

(Sec. 311) Amends Federal law to extend until one year after submission of the President's budget request for FY 2005 the moratorium upon the withdrawal from the United States Enrichment Corporation Fund of certain funds earmarked for construction and operation of an onsite facility at gaseous diffusion plants in Paducah, Kentucky, and Portsmouth, Ohio, for the treatment and recycling of depleted uranium hexaflouride.

(Sec. 312 Prohibits issuance of any Federal permit or lease for oil or gas drilling in the Finger Lakes National Forest, New York.

Title IV: Independent Agencies - Makes FY 2002 appropriations to the: (1) Appalachian Regional Commission; (2) Defense Nuclear Facilities Safety Board; (3) Delta Regional Authority; (4) Denali Commission; (5) Nuclear Regulatory Commission and its Office of Inspector General; and (6) Nuclear Waste Technical Review Board.

Title V: General Provisions - Expresses the sense of Congress that all equipment and products bought with funds under this Act should be American-made. Requires each Federal agency to give notice of this policy to any entity to which it provides financial assistance or contracts. Bars contracts funded under this Act from being awarded to any person determined by a court or Federal agency to have falsely labeled products as made in America.

(Sec. 502) Instructs the Secretary of the Army to study and report to Congress on the known and potential environmental effects of oil and gas drilling activity in the Great Lakes, including effects of drilling upon the shorelines and water.

States that during FY 2002 and 2003 no Federal or State permit or lease shall be issued for new oil and gas slant, directional, or offshore drilling in or under any of the Great Lakes.