H.R. 4733 (pp) Making appropriations for energy and water development for the fiscal year ending September 30, 2001, and for other purposes. [Public Print] ...

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        H.R.4733

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
 Making appropriations for energy and water development for the fiscal 
         year ending September 30, 2001, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2001, for energy 
and water development, and for other purposes, namely:

                                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 supervision of the Chief of 
Engineers for authorized civil functions of the Department of the Army 
pertaining to rivers and harbors, flood control, beach erosion, and 
related purposes.

                         General Investigations

    For expenses necessary for the collection and study of basic 
information pertaining to river and harbor, flood control, shore 
protection, and related projects, restudy of authorized projects, 
miscellaneous investigations, and, when authorized by laws, surveys and 
detailed studies and plans and specifications of projects prior to 
construction, $160,038,000, to remain available until expended: 
Provided, That in conducting the Southwest Valley Flood Damage 
Reduction Study, Albuquerque, New Mexico, the Secretary of the Army, 
acting through the Chief of Engineers, shall include an evaluation of 
flood damage reduction measures that would otherwise be excluded from 
the feasibility analysis based on policies regarding the frequency of 
flooding, the drainage areas, and the amount of runoff: Provided 
further, That the Secretary of the Army is directed to use $750,000 of 
the funds appropriated herein to continue preconstruction engineering 
and design for the Murrieta Creek, California flood protection and 
environmental restoration project in accordance with Alternative 6, 
based on the Murrieta Creek feasibility report and environmental impact 
statement dated June 2000 at a total cost of $90,866,000, with an 
estimated Federal cost of $59,063,900 and an estimated non-Federal cost 
of $31,803,100.

                         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), $1,695,699,000, 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 
Harbor 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 Waterways 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, Minnesota; 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:
        San Gabriel Basin Groundwater Restoration, California, 
    $25,000,000;
        San Timoteo Creek (Santa Ana River Mainstem), California, 
    $5,000,000;
        Indianapolis Central Waterfront, Indiana, $10,000,000;
        Southern and Eastern Kentucky, Kentucky, $4,000,000;
        Clover Fork, Middlesboro, City of Cumberland, Town of Martin, 
    Pike County (including Levisa Fork and Tug Fork Tributaries), Bell 
    County, Martin County, and Harlan County, Kentucky, elements of the 
    Levisa and Tug Forks of the Big Sandy River and Upper Cumberland 
    River, Kentucky, $20,000,000: Provided, That the Secretary of the 
    Army, acting through the Chief of Engineers, is directed to proceed 
    with planning, engineering, design and construction of the Town of 
    Martin, Kentucky, element, in accordance with Plan A as set forth 
    in the preliminary draft Detailed Project Report, Appendix T of the 
    General Plan of the Huntington District Commander;
        Jackson County, Mississippi, $2,000,000;
        Bosque and Leon Rivers, Texas, $4,000,000; and
        Upper Mingo County (including Mingo County Tributaries), Lower 
    Mingo County (Kermit), Wayne County, and McDowell County, elements 
    of the Levisa and Tug Forks of the Big Sandy River and Upper 
    Cumberland River project in West Virginia, $4,100,000:
Provided further, That using $900,000 of the funds appropriated herein, 
the Secretary of the Army, acting through the Chief of Engineers, is 
directed to undertake the Bowie County Levee project, which is defined 
as Alternative B Local Sponsor Option, in the Corps of Engineers 
document entitled Bowie County Local Flood Protection, Red River, 
Texas, Project Design Memorandum No. 1, Bowie County Levee, dated April 
1997: Provided further, That no part of any appropriation contained in 
this Act shall be expended or obligated to begin Phase II of the John 
Day Drawdown study or to initiate a study of the drawdown of McNary Dam 
unless authorized by law: Provided further, That the Secretary of the 
Army, acting through the Chief of Engineers, is directed hereafter to 
use available Construction, General funds in addition to funding 
provided in Public Law 104-206 to complete design and construction of 
the Red River Regional Visitors Center in the vicinity of Shreveport, 
Louisiana at an estimated cost of $6,000,000: Provided further, That 
section 101(b)(4) of the Water Resources Development Act of 1996, is 
amended by striking ``total cost of $8,600,000'' and inserting ``total 
cost of $15,000,000'': Provided further, That the Secretary of the 
Army, acting through the Chief of Engineers, is directed to use 
$3,000,000 of the funds appropriated herein for additional emergency 
bank stabilization measures at Galena, Alaska under the same terms and 
conditions as previous emergency bank stabilization work undertaken at 
Galena, Alaska pursuant to section 116 of Public Law 99-190: Provided 
further, That with $4,200,000 of the funds appropriated 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 the Secretary of the Army, acting through the 
Chief of Engineers, is directed to use not to exceed $300,000 of funds 
appropriated herein to reimburse the City of Renton, Washington, at 
full Federal expense, for mitigation expenses incurred for the flood 
control project constructed pursuant to 33 U.S.C. 701s at Cedar River, 
City of Renton, Washington, as a result of over-dredging by the Army 
Corps of Engineers: Provided further, That $2,000,000 of the funds 
appropriated herein shall be available for stabilization and renovation 
of Lock and Dam 10, Kentucky River, Kentucky, subject to enactment of 
authorization by law: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to use $3,000,000 of 
the funds appropriated herein to initiate construction of a navigation 
project at Kaumalapau Harbor, Hawaii: Provided further, That the 
Secretary of the Army is directed to use $2,000,000 of the funds 
provided herein for Dam Safety and Seepage/Stability Correction Program 
to design and construct seepage control features at Waterbury Dam, 
Winooski River, Vermont: Provided further, That the Secretary of the 
Army, acting through the Chief of Engineers, is directed to design and 
construct barge lanes at the Houston-Galveston Navigation Channels, 
Texas, project, immediately adjacent to either side of the Houston Ship 
Channel, from Bolivar Roads to Morgan Point, to a depth of 12 feet with 
prior years' Construction, General carry-over funds: Provided further, 
That the Secretary of the Army, acting through the Chief of Engineers, 
may use Construction, General funding as directed in Public Law 105-62 
and Public Law 105-245 to initiate construction of an emergency outlet 
from Devils Lake, North Dakota, to the Sheyenne River, except that the 
funds shall not become available unless the Secretary of the Army 
determines that an emergency (as defined in section 102 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5122)) exists with respect to the emergency need for the outlet and 
reports to Congress that the construction is technically sound, 
economically justified, and environmentally acceptable, and in 
compliance with the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.): Provided further, That the economic justification 
for the emergency outlet shall be prepared in accordance with the 
principles and guidelines for economic evaluation as required by 
regulations and procedures of the Army Corps of Engineers for all flood 
control projects, and that the economic justification be fully 
described, including the analysis of the benefits and costs, in the 
project plan documents: Provided further, That the plans for the 
emergency outlet shall be reviewed and, to be effective, shall contain 
assurances provided by the Secretary of State, after consultation with 
the International Joint Commission, that the project will not violate 
the requirements or intent of the Treaty Between the United States and 
Great Britain Relating to Boundary Waters Between the United States and 
Canada, signed at Washington, January 11, 1909 (36 Stat. 2448; TS 548) 
(commonly known as the ``Boundary Waters Treaty of 1909''): Provided 
further, That the Secretary of the Army shall submit the final plans 
and other documents for the emergency outlet to Congress: Provided 
further, That no funds made available under this Act or any other Act 
for any fiscal year may be used by the Secretary of the Army to carry 
out the portion of the feasibility study of the Devils Lake Basin, 
North Dakota, authorized under the Energy and Water Development 
Appropriations Act, 1993 (Public Law 102-377), that addresses the needs 
of the area for stabilized lake levels through inlet controls, or to 
otherwise study any facility or carry out any activity that would 
permit the transfer of water from the Missouri River Basin into Devils 
Lake.


       Flood Control, Mississippi River and Tributaries, Arkansas, 
  Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee

    For expenses necessary for prosecuting work of flood control, and 
rescue work, repair, restoration, or maintenance of flood control 
projects threatened or destroyed by flood, as authorized by law (33 
U.S.C. 702a and 702g-1), $347,731,000, to remain available until 
expended: Provided, That the Secretary of the Army is directed to 
complete his analysis and determination of Federal maintenance of the 
Greenville Inner Harbor, Mississippi navigation project in accordance 
with section 509 of the Water Resources Development Act of 1996.

                   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 commerce and navigation; surveys and charting of 
northern and northwestern lakes and connecting waters; clearing and 
straightening channels; and removal of obstructions to navigation, 
$1,901,959,000, to remain available until expended, of which such sums 
as become available in the Harbor Maintenance Trust Fund, pursuant to 
Public Law 99-662, 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 construction, operation, and 
maintenance of outdoor recreation facilities: Provided, That the 
Secretary of the Army, acting through the Chief of Engineers, from the 
funds provided herein for the operation and maintenance of New York 
Harbor, New York, is directed to prepare the necessary documentation 
and initiate removal of submerged obstructions and debris in the area 
previously marked by the Ambrose Light Tower in the interest of safe 
navigation: Provided further, That the Secretary of the Army is 
directed to use $500,000 of funds appropriated herein to remove and 
reinstall the docks and causeway, in kind, at Astoria East Boat Basin, 
Oregon: Provided further, That $500,000 of the funds appropriated 
herein for the Ohio River Open Channel, Illinois, Kentucky, Indiana, 
Ohio, West Virginia, and Pennsylvania, project, are provided for the 
Secretary of the Army, acting through the Chief of Engineers, to dredge 
a channel from the mouth of Wheeling Creek to Tunnel Green Park in 
Wheeling, West Virginia.

                           Regulatory Program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $125,000,000, to remain 
available until expended: Provided, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to use funds 
appropriated herein to: (1) by March 1, 2001, supplement the report, 
Cost Analysis For the 1999 Proposal to Issue and Modify Nationwide 
Permits, to reflect the Nationwide Permits actually issued on March 9, 
2000, including changes in the acreage limits, preconstruction 
notification requirements and general conditions between the rule 
proposed on July 21, 1999, and the rule promulgated and published in 
the Federal Register; (2) after consideration of the cost analysis for 
the 1999 proposal to issue and modify nationwide permits and the 
supplement prepared pursuant to this Act and by September 30, 2001, 
prepare, submit to Congress and publish in the Federal Register a 
Permit Processing Management Plan by which the Corps of Engineers will 
handle the additional work associated with all projected increases in 
the number of individual permit applications and preconstruction 
notifications related to the new and replacement permits and general 
conditions. The Permit Processing Management Plan shall include 
specific objective goals and criteria by which the Corps of Engineers' 
progress towards reducing any permit backlog can be measured; (3) 
beginning on December 31, 2001, and on a biannual basis thereafter, 
report to Congress and publish in the Federal Register, an analysis of 
the performance of its program as measured against the criteria set out 
in the Permit Processing Management Plan; (4) implement a 1-year pilot 
program to publish quarterly on the U.S. Army Corps of Engineer's 
Regulatory Program website all Regulatory Analysis and Management 
Systems (RAMS) data for the South Pacific Division and North Atlantic 
Division beginning within 30 days of the enactment of this Act; and (5) 
publish in Division Office websites all findings, rulings, and 
decisions rendered under the administrative appeals process for the 
Corps of Engineers Regulatory Program as established in Public Law 106-
60: Provided further, That, through the period ending on September 30, 
2003, the Corps of Engineers shall allow any appellant to keep a 
verbatim record of the proceedings of the appeals conference under the 
aforementioned administrative appeals process: Provided further, That 
within 30 days of the enactment of this Act, the Secretary of the Army, 
acting through the Chief of Engineers, shall require all U.S. Army 
Corps of Engineers Divisions and Districts to record the date on which 
a section 404 individual permit application or nationwide permit 
notification is filed with the Corps of Engineers: Provided further, 
That the Corps of Engineers, when reporting permit processing times, 
shall track both the date a permit application is first received and 
the date the application is considered complete, as well as the reason 
that the application is not considered complete upon first submission.

            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 program, $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 

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