Home > 107th Congressional Public Laws > Pub.L. 107-067 Making appropriations for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year ending September 30, 2002, and for other purposes. <Pub.L. 107-067 Making appropriations for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year ending September 30, 2002, and for other purposes. <
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ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2002
[[Page 115 STAT. 486]]
Public Law 107-66
107th Congress
An Act
Making appropriations for energy and water development for the fiscal
year ending September 30, 2002, and for other purposes. <<NOTE: Nov. 12,
2001 - [H.R. 2311]>>
Be it enacted by the Senate and House of Representatives of the
United <<NOTE: Energy and Water Development Appropriations Act, 2002.>>
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, 2002, 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, $154,350,000, 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 continue
preconstruction engineering and design of the Murrieta Creek,
California, flood protection and environmental enhancement project and
is further directed to continue with the project in accordance with cost
sharing established for the Murrieta Creek project in Public Law 106-
377: Provided further, That the Secretary of the Army, acting through
the Chief of Engineers, is directed to use the feasibility report
prepared under the authority of section 205 of the Flood Control Act of
1948, as amended, as the basis for the Rock Creek-Keefer Slough Flood
Control Project, Butte County, California, and is further directed to
use funds appropriated herein for preconstruction engineering and design
of the project: Provided
[[Page 115 STAT. 487]]
further, 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, acting through the Chief of
Engineers, is directed to conduct studies for flood damage reduction,
environmental protection, environmental restoration, water supply, water
quality, and other purposes in Tuscaloosa County, Alabama, and shall
provide a comprehensive plan for the development, conservation,
disposal, and utilization of water and related land resources, for flood
damage reduction and allied purposes, including the determination of the
need for a reservoir to satisfy municipal and industrial water supply
needs: Provided further, <<NOTE: Reports. Deadline.>> That using
$1,000,000 of the funds provided
herein, the Secretary of the Army, acting through the Chief of
Engineers, is directed to conduct a comprehensive watershed study
at full Federal expense to provide a framework for implementing
activities to improve environmental quality of the Lake Tahoe Basin
and the Secretary shall submit a feasibility level report within
30 months of enactment of this Act: Provided further, That appendix D,
chapter 5 of Public Law 106-554 <<NOTE: 114 Stat. 2763A-189.>> is
amended in the last sentence under the subheading titled ``General
Investigations'' by striking ``a cost shared feasibility study of'' and
inserting ``planning, engineering and design activities for''.
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), $1,715,951,000, 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 11, Mississippi
River, Iowa; 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, Kanawha River, West
Virginia, projects; and of which funds are provided for the following
projects in the amounts specified:
San Timoteo Creek (Santa Ana River Mainstem), Cali-
fornia, $8,000,000;
Indianapolis Central Waterfront, Indiana, $9,000,000;
Southern and Eastern Kentucky, Kentucky, $4,000,000;
Clover Fork, City of Cumberland, Town of Martin, Pike County
(including Levisa Fork and Tug Fork Tributaries), Bell County,
Floyd County, Martin County, and Harlan County,
[[Page 115 STAT. 488]]
Kentucky, elements of the Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River, Kentucky, $15,450,000; and
Lower Mingo County (Kermit), Upper Mingo County (including
County Tributaries), Wayne County, and McDowell County, West
Virginia, elements of the Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River project, $5,900,000:
Provided, That using $1,000,000 of the funds appropriated herein, the
Secretary of the Army, acting through the Chief of Engineers, is
directed to modify the Carr Creek Lake, Kentucky, project at full
Federal expense to provide additional water supply storage for the Upper
Kentucky River Basin: Provided further, That with $1,200,000 of the
funds appropriated herein, the Secretary of the Army, acting through the
Chief of Engineers, is directed to undertake design deficiency repairs
to the Bois Brule Drainage and Levee District, Missouri, project,
authorized and constructed under the authority of the Flood Control Act
of 1936 with cost sharing consistent with the original project
authorization: Provided further, That in accordance with section 332 of
the Water Resources Development Act of 1999, the Secretary of the Army
is directed to increase the authorized level of protection of the Bois
Brule Drainage and Levee District, Missouri, project from 50 years to
100 years using $700,000 of the funds appropriated herein, and the
project costs allocated to the incremental increase in the level of
protection shall be cost shared consistent with section 103(a) of the
Water Resources Development Act of 1986, notwithstanding section 202(a)
of the Water Resources Development Act of 1996: Provided further, That
using $200,000 of the funds provided herein, the Secretary of the Army,
acting through the Chief of Engineers, is directed to conduct, at full
Federal expense, technical 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 directed 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
preparation of a General Reevaluation Report of the Oak Island, Caswell
Beach, and Holden Beach segments of the Brunswick County Beaches project
in North Carolina: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, is directed to use $500,000 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 the Secretary of the Army is directed to use $4,000,000 of
the funds provided herein for the Dam Safety and Seepage/Stability
Correction Program to continue construction of seepage control features
at Waterbury Dam, Vermont: Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, using up to $200,000 of the
funds provided herein, is directed to complete the Aloha-Rigolette,
Louisiana, project at full Federal
[[Page 115 STAT. 489]]
expense: Provided further, That using $500,000 of the funds provided
herein, the Secretary of the Army, acting through the Chief of
Engineers, is directed to proceed with the Shoalwater Bay Shoreline,
Washington, project: Provided further, That all studies for the
Shoalwater Bay Shoreline project shall be cost shared in the same
proportion as the construction implementation costs: Provided further,
That using $2,500,000 of the funds provided herein, the Secretary of the
Army, acting through the Chief of Engineers, is directed to proceed with
a final design and initiate construction for the repair and replacement
of the Jicarilla Municipal Water System in the town of Dulce, New
Mexico: Provided further, That using $750,000 of the funds provided
herein, the Secretary of the Army, acting through the Chief of
Engineers, is directed to proceed with the Missouri River Restoration
Project and that erosion control measures implemented shall be primarily
through nonstructural means such as planting of native vegetation,
buffer strips, conservation easements, setbacks, and agricultural best
management practices: Provided further, That with $10,000,000 of the
funds provided herein, the Secretary of the Army, acting through the
Chief of Engineers, is directed to construct the Dallas Floodway
Extension, Texas, project, including the Cadillac Heights feature,
generally in accordance with the Chief of Engineers report dated
December 7, 1999: Provided further, <<NOTE: Deadline. Reports.>> That
the deadline for the report required under section 154(g) of Public Law
106-554 is extended to December 31, 2002: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers, is
directed to use unexpended funds appropriated in Public Law 105-62,
under the heading Construction, General for Salyersville, Kentucky, to
construct additional recreation improvements at the Buckhorn Lake,
Kentucky, project: Provided further, That using $1,000,000 of the funds
provided herein, the Secretary of the Army, acting through the Chief of
Engineers, is directed to initiate construction on the Seward Harbor,
Alaska, project in accordance with the Report of the Chief of Engineers
dated June 8, 1999 and the economic justification contained therein:
Provided further, That the Secretary of the Army, acting through the
Chief of Engineers, is directed to use up to $900,000 of funds
previously appropriated to reimburse the City of Venice, Florida, for
the costs incurred by the City prior to October 1998 for work
accomplished by the City related to the relocation of the stormwater
outfalls and the construction of the artificial reef that comprises an
integral part of the project for beach nourishment, in Sarasota County,
Florida: Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use funds appropriated
herein, for emergency bank stabilization measures at Lakeshore Park in
Knoxville, Tennessee: 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 defined 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
considerations as may be appropriate to address the unique relocations
and resettlement needs for the flood prone communities within the
County: Provided further, That, with respect to the environmental
infrastructure project in Lebanon, New Hampshire, for which funds are
made available under this heading, the non-Federal interest shall
receive credit toward the
[[Page 115 STAT. 490]]
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, for the Raritan River Basin, Green Brook Sub-Basin, New
Jersey, project, the Secretary of the Army, acting through the Chief of
Engineers, is directed to implement the locally preferred plan for the
element in the western portion of Middlesex Borough, New Jersey, which
includes the buyout of up to 22 homes, the flood proofing of four
commercial buildings along Prospect Place and Union Avenue, and the
buyout of up to three commercial buildings along Raritan and Lincoln
Avenues, at a total estimated cost of $15,000,000, with an estimated
Federal cost of $11,500,000 and an estimated non-Federal cost of
$3,500,000.
Flood Control, Mississippi River and Tributaries, Arkansas, Illinois,
Kentucky, Louisiana, Mississippi, Missouri, and Tennessee
For expenses necessary for prosecuting work of flood control, 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), $345,992,000, to remain available until expended: Provided,
That, the Secretary of the Army, acting through the Chief of Engineers,
is directed to convey to the Board of Mississippi Levee Commissioners
any and all fee owned real property interests deemed excess to Army
needs for disposal by the U.S. Army Corps of Engineers at its Casting
Plant and its Bank Grading and Mat Loading Fleeting Area located in
Greenville, Mississippi. This real property shall be used by the Board
of Mississippi Levee Commissioners for the operation and maintenance of
the Mississippi River and Tributaries Project as it deems necessary.
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, $1,874,803,000, 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, is directed, within funds available for the Mobile
Harbor, Alabama, project, to remove, transport, dispose, and remediate
contaminated sediments in and adjacent to the Federal navigation
projects for the Arlington Channel and the Garrows Bend Channel at
Federal expense, and a non-Federal sponsor shall provide all necessary
lands, easements, rights-of-way, and relocations that may be required
for the disposal of
[[Page 115 STAT. 491]]
dredged material: Provided further, That using funds appropriated
herein, the Secretary of the Army, acting through the Chief of
Engineers, is directed to perform cultural resource mitigation and
recreation improvements at Waco Lake, Texas, at full Federal expense
notwithstanding the provisions of the Water Supply Act of 1958: Provided
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