DEPARTMENT OF ENERGY

DEPARTMENT OF ENERGY clean coal technology (deferral) Of the funds made available under this heading for obligation in prior years, $40,000,000 shall not be available until October 1, 2002: Provided, That funds made available in previous appropriations Acts shall be available for any ongoing project regardless of the separate request for proposal under which the project was selected. 115 STAT. 453 fossil energy research and development (including transfer of funds) For necessary expenses in carrying out fossil energy research and development activities, under the authority of the Department of Energy Organization Act (Public Law 95–91), including the acquisition of interest, including defeasible and equitable interests in any real property or any facility or for plant or facility acquisition or expansion, and for conducting inquiries, technological investigations and research concerning the extraction, processing, use, and disposal of mineral substances without objectionable social and environmental costs (30 U.S.C. 3, 1602, and 1603), $616,490,000, to remain available until expended, of which $11,000,000 is to begin a 7-year project for construction, renovation, furnishing, and demolition or removal of buildings at National Energy Technology Laboratory facilities in Morgantown, West Virginia and Pittsburgh, Pennsylvania; and for acquisition of lands, and interests therein, in proximity to the National Energy Technology Laboratory, and of which $33,700,000 shall be derived by transfer from funds appropriated in prior years under the heading “Clean Coal Technology”, and of which $150,000,000 and such sums as may be appropriated in fiscal year 2003 are to be made available, after coordination with the private sector, for a request for proposals for a Clean Coal Power Initiative providing for competitively-awarded demonstrations of commercial scale technologies to reduce the barriers to continued and expanded coal use: Provided, That the request for proposals shall be issued no later than 120 days following enactment of this Act, proposals shall be submitted no later than 150 days after the issuance of the request for proposals, and the Department of Energy shall make project selections no later than 160 days after the receipt of proposals: Provided further, That no project may be selected for which sufficient funding is not available to provide for the total project: Provided further, That funds shall be expended in accordance with the provisions governing the use of funds contained under the heading “Clean Coal Technology” in prior appropriations: Provided further, That the Department may include provisions for repayment of Government contributions to individual projects in an amount up to the Government contribution to the project on terms and conditions that are acceptable to the Department including repayments from sale and licensing of technologies from both domestic and foreign transactions: Provided further, That such repayments shall be retained by the Department for future coal-related research, development and demonstration projects: Provided further, That any technology selected under this program shall be considered a Clean Coal Technology, and any project selected under this program shall be considered a Clean Coal Technology Project, for the purposes of 42 U.S.C. §7651n, and Chapters 51, 52, and 60 of title 40 of the Code of Federal Regulations: Provided further, That funds excess to the needs of the Power Plant Improvement Initiative procurement provided for under this heading in Public Law 106–291 shall be made available for the Clean Coal Power Initiative provided for under this heading in this Act: Provided further, That no part of the sum herein made available shall be used for the field testing of nuclear explosives in the recovery of oil and gas: Provided further, That up to 4 percent of program direction funds available to the 115 STAT. 454 National Energy Technology Laboratory may be used to support Department of Energy activities not included in this account. alternative fuels production (rescission) Of the unobligated balances under this heading, $2,000,000 are rescinded. naval petroleum and oil shale reserves For expenses necessary to carry out naval petroleum and oil shale reserve activities, $17,371,000, to remain available until expended: Provided, That, notwithstanding any other provision of law, unobligated funds remaining from prior years shall be available for all naval petroleum and oil shale reserve activities. elk hills school lands fund For necessary expenses in fulfilling installment payments under the Settlement Agreement entered into by the United States and the State of California on October 11, 1996, as authorized by section 3415 of Public Law 104–106, $36,000,000, to become available on October 1, 2002 for payment to the State of California for the State Teachers’ Retirement Fund from the Elk Hills School Lands Fund. energy conservation For necessary expenses in carrying out energy conservation activities, $912,805,000, to remain available until expended: Provided, That $275,000,000 shall be for use in energy conservation grant programs as defined in section 3008(3) of Public Law 99509 (15 U.S.C. 4507): Provided further, That notwithstanding section 3003(d)(2) of Public Law 99–509, such sums shall be allocated to the eligible programs as follows: $230,000,000 for weatherization assistance grants and $45,000,000 for State energy conservation grants: Provided further, That 50 percent of the funds provided for the Energy Efficiency Science Initiative for fiscal year 2002 and thereafter shall be made available to the Fossil Energy Research and Development account. economic regulation For necessary expenses in carrying out the activities of the Office of Hearings and Appeals, $1,996,000, to remain available until expended. strategic petroleum reserve For necessary expenses for Strategic Petroleum Reserve facility development and operations and program management activities pursuant to the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201 et seq.), $179,009,000, to remain available until expended, of which not to exceed $8,000,000 shall be available for maintenance of a Northeast Home Heating Oil Reserve. 115 STAT. 455 energy information administration For necessary expenses in carrying out the activities of the Energy Information Administration, $78,499,000, to remain available until expended. administrative provisions, department of energy Appropriations under this Act for the current fiscal year shall be available for hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase, repair, and cleaning of uniforms; and reimbursement to the General Services Administration for security guard services. From appropriations under this Act, transfers of sums may be made to other agencies of the Government for the performance of work for which the appropriation is made. None of the funds made available to the Department of Energy under this Act shall be used to implement or finance authorized price support or loan guarantee programs unless specific provision is made for such programs in an appropriations Act. The Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, private or foreign: Provided, That revenues and other moneys received by or for the account of the Department of Energy or otherwise generated by sale of products in connection with projects of the Department appropriated under this Act may be retained by the Secretary of Energy, to be available until expended, and used only for plant construction, operation, costs, and payments to cost-sharing entities as provided in appropriate cost-sharing contracts or agreements: Provided further, That the remainder of revenues after the making of such payments shall be covered into the Treasury as miscellaneous receipts: Provided further, That any contract, agreement, or provision thereof entered into by the Secretary pursuant to this authority shall not be executed prior to the expiration of 30 calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than 3 calendar days to a day certain) from the receipt by the Speaker of the House of Representatives and the President of the Senate of a full comprehensive report on such project, including the facts and circumstances relied upon in support of the proposed project. No funds provided in this Act may be expended by the Department of Energy to prepare, issue, or process procurement documents for programs or projects for which appropriations have not been made. In addition to other authorities set forth in this Act, the Secretary may accept fees and contributions from public and private sources, to be deposited in a contributed funds account, and prosecute projects using such fees and contributions in cooperation with other Federal, State or private agencies or concerns.