75–839

107TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 107–258

MAKING APPROPRIATIONS FOR ENERGY AND WATER DEVELOPMENT FOR THE FISCAL YEAR ENDING SEPTEMBER

30, 2002, AND FOR OTHER PURPOSES

OCTOBER 30, 2001.—Ordered to be printed

Mr. CALLAHAN, from the committee of conference,

submitted the following

CONFERENCE REPORT

[To accompany H.R. 2311]

The committee of conference on the disagreeing votes of the

two Houses on the amendment of the Senate to the bill (H.R. 2311)

‘‘making appropriations for energy and water development for the

fiscal year ending September 30, 2002, and for other purposes’’,

having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows:

That the House recede from its disagreement to the amendment of the Senate, and agree to the same with an amendment, as

follows:

In lieu of the matter stricken and inserted by said amendment,

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:

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.

2

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 CreekKeefer 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 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, 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 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 conVerDate 11-MAY-2000 21:56 Oct 31, 2001 Jkt 075839 PO 00000 Frm 00002 Fmt 6659 Sfmt 6603 E:\HR\OC\HR258.XXX pfrm04 PsN: HR258
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stitute 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), California, $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,

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 seVerDate 11-MAY-2000 21:56 Oct 31, 2001 Jkt 075839 PO 00000 Frm 00003 Fmt 6659 Sfmt 6603 E:\HR\OC\HR258.XXX pfrm04 PsN: HR258
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lected 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 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, 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

5

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 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.

6

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 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

further, That the Secretary of the Army, acting through the Chief

of Engineers, is directed to use funds appropriated herein to grade

the basin within the Hansen Dam feature of the Los Angeles County

Drainage Area, California, project to enhance and maintain flood

capacity and to provide for future use of the basin for compatible

purposes consistent with the Master Plan, including recreation and

environmental restoration: Provided further, That the Secretary of

the Army, acting through the Chief of Engineers, is directed to use

funds appropriated herein to fully investigate the development of an

upland disposal site recycling program on the Black Warrior and

Tombigbee Rivers, Alabama-Coosa Rivers, and the Mobile River

projects: Provided further, That of funds appropriated herein for the

Intracoastal Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland, the Secretary 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 station

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, acting through the Chief of Engineers, is directed to use funds appropriated herein to remove and reinstall the

docks and causeway, in kind, and continue breakwater repairs at

Astoria East Boat Basin, Oregon: Provided further, That using

funds appropriated herein, the Secretary of the Army, acting

through the Chief of Engineers, is directed to dredge a channel from

7

the mouth of Wheeling Creek to Tunnel Green Park in Wheeling,

West Virginia: Provided further, That the project for the Apalachicola, Chattahoochee, and Flint Rivers Navigation, authorized by

section 2 of the River and Harbor Act of March 2, 1945 (Public Law

79–14) 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

implement 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 Florida 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 environmentally

acceptable beneficial uses in coastal areas of 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-of-way that may be determined by the Secretary, in consultation 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 coordination with the State of Florida no later

than 2 years from the date of enactment of this Act: Provided further, That, of the funds provided herein, $4,900,000 shall be made

available for these purposes and $8,000,000 shall be made available

for normal operation and maintenance of the Apalachicola, Chattahoochee, and Flint Rivers navigation project.

FLOOD CONTROL AND COASTAL EMERGENCIES

(RESCISSION)

Of the funds made available under this heading in Public Law

107–20, $25,000,000 are hereby rescinded.

REGULATORY PROGRAM

For expenses necessary for administration of laws pertaining to

regulation of navigable waters and wetlands, $127,000,000, 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 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

Division Engineers, activities of the Humphreys Engineer Center

Support Activity, the Institute for Water Resources, and headquarters support functions at the USACE Finance Center,

$153,000,000, to remain available until expended: Provided, That

no part of any other appropriation provided in title I of this Act

8

shall be available to fund the activities of the Office of the Chief of

Engineers or the executive direction and management activities of

the division offices: Provided further, That none of these funds shall

be available to support an office of congressional affairs within the

executive office of the Chief of Engineers.

ADMINISTRATIVE PROVISIONS

Appropriations in this title shall be available for official 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 passenger motor vehicles.

GENERAL PROVISIONS

CORPS OF ENGINEERS—CIVIL

SEC. 101. (a) CONVEYANCE AUTHORIZED.—The Secretary of the

Army shall convey to the Blue Township Fire District, Blue Township, Kansas, by quitclaim deed and without consideration, all

right, title, and interest of the United States in and to a parcel of

land consisting of approximately 4.35 acres located in Pottawatomie

County, Tuttle Creek Lake, Kansas.

(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection (a)

shall be determined by a survey satisfactory to the Secretary.

(c) REVERSION.—If the Secretary determines that the property

conveyed under subsection (a) ceases to be held in public ownership

or to be used as a site for a fire station, all right, title, and interest

in and to the property shall revert to the United States, at the option

of the United States.

SEC. 102. For those shore protection projects funded in this Act

which have Project Cooperation Agreements in place, the Secretary

of the Army is directed to proceed with those projects in accordance

with the cost sharing specified in the Project Cooperation Agreement: Provided, That the Secretary of the Army shall not accept or

solicit non-Federal voluntary contributions for shore protection work

in excess of the minimum requirements established by law; except

that, when voluntary contributions are tendered by a non-Federal

sponsor for the prosecution of work outside the authorized scope of

the Federal project at full non-Federal expense, the Secretary is authorized to accept said contributions.

SEC. 103. Agreements proposed for execution by the Assistant

Secretary of the Army for Civil Works or the United States Army

Corps of Engineers after the date of the enactment 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 amended,

Public Law 90–483; sections 104, 203, and 204 of the 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 reimburseVerDate 11-MAY-2000 21:56 Oct 31, 2001 Jkt 075839 PO 00000 Frm 00008 Fmt 6659 Sfmt 6603 E:\HR\OC\HR258.XXX pfrm04 PsN: HR258
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ments 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. 104. 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, including a hearing or any other activity relating to

preparation of an environmental impact statement concerning the

closure or removal.

SEC. 105. The non-Federal interest shall receive credit towards

the lands, easements, relocations, rights-of-way, and disposal areas

required for the Lava Hot Springs restoration project in Idaho, and

acquired by the non-Federal interest before execution of the project

cooperation agreement: Provided, That the Secretary shall provide

credit for work only if the Secretary determines such work to be integral to the project.

SEC. 106. GUADALUPE RIVER, CALIFORNIA. The project for flood

control, Guadalupe River, California, authorized by section 401 of

the Water Resources Development Act of 1986, and the Energy and

Water Development Appropriation Acts of 1990 and 1992, is modified to authorize the Secretary to construct the project substantially

in accordance with the General Reevaluation and Environmental

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. 107. 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 designate as nonnavigable the

areas described in paragraph (3) unless the Secretary, after consultation with local and regional public officials (including

local and regional planning organizations), makes a determination that 1 or more projects proposed to be carried 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 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 beginning 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 Easterly line of Church Street—

(i) N. 11°28′50′′ E. 1052.14 feet; thence

10

(ii) crossing Church Street, N. 34°19′51′′ W.

1590.16 feet; thence

(iii) N. 27°56′37′′ W. 3674.36 feet; thence

(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 Delaware 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

(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 Avenue (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

(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), beginning at a

point in the centerline of Church Street (49.50 feet wide)

where the same is intersected by the curved northerly line

of Pennsylvania-Reading Seashore Lines Railroad right-ofway (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 Delaware River; thence

(VII) N. 53°37′05′′ E. 2770.00 feet; thence

11

(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 intersection with the curved northerly right-of-way

line of Pennsylvania-Reading Seashore Lines Railroad

(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 REQUIREMENTS.—

(1) IN GENERAL.—The designation under subsection (a)(1)

shall apply to those parts of the areas described in subsection

(a) that are or will be bulkheaded 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 Pollution Control

Act (33 U.S.C. 1344); and

(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 accordance with subsection (b), or if work in connection

with any activity authorized under subsection (b) is not commenced

by the date that is 5 years after the date on which permits for the

work are issued, the designation of nonnavigability under subsection (a)(1) for that area or portion of an area shall terminate.

SEC. 108. NOME HARBOR TECHNICAL CORRECTIONS. Section

101(a)(1) of Public Law 106–53 (the Water Resources 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’’.

12

SEC. 109. Section 211 of the Water Resources Development Act

of 2000, Public Law 106–541, is amended by adding the following

language at the end of subsection (d):

‘‘(e) ENGINEERING RESEARCH AND DEVELOPMENT CENTER.—The

Engineering Research and Development Center is exempt from the

requirements of this section.’’.

SEC. 110. Section 514(g) of the Water Resources Development

Act of 1999, Public Law 106–53, is amended by striking ‘‘fiscal

years 2000 and 2001’’ and inserting in lieu thereof ‘‘fiscal years

2000 through 2002’’.

SEC. 111. The Secretary of the Army, acting through the Chief

of Engineers, is directed to modify the pump station intake structure

and discharge line to preclude ice from interfering with pump operations at Fort Fairfield, Maine, flood control project: Provided, That

all design and construction costs associated with the modifications

of the Fort Fairfield, Maine, project shall be at Federal expense.

SEC. 112. CERRILLOS DAM, PUERTO RICO. The Secretary 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. 113. 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), respectively;

(2) by striking ‘‘(b) The Secretary’’ and inserting 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 percent.’’ 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 interest shall be

credited with the value of in-kind 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.’’.

SEC. 114. The flood control project for the Ramapo River at

Oakland, New Jersey, authorized by section 401(a) of the Water Resources Development Act of 1986, Public Law 99–662, as amended

by section 301(a)(9) of the Water Resources Development Act of

1996, Public Law 104–33, is modified to authorize the Secretary of

the Army, acting through the Chief of Engineers, to construct the

project at a total cost of $18,000,000, with an estimated Federal cost

of $13,500,000 and an estimated non-Federal cost of $4,500,000 less

any credits allowed under applicable laws.

13

SEC. 115. Except for the historic scheduled maintenance dredging in the Delaware River, none of the funds appropriated in this

Act shall be used to operate the dredge MCFARLAND other than for

urgent dredging, emergencies and in support of national defense.

SEC. 116. The Secretary may not expend funds to accelerate 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 consider and propose alternatives for achieving species

recovery other than the alternatives specifically prescribed by the

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.

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 available until expended, of which $10,749,000 shall be deposited into the Utah Reclamation Mitigation and Conservation Account for use by the Utah

Reclamation Mitigation and Conservation Commission.

In addition, for necessary expenses incurred in carrying out related responsibilities of the Secretary of the Interior, $1,310,000, to

remain available until expended.

BUREAU OF RECLAMATION

The following appropriations shall be expended to execute 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 activities, including the operation, maintenance, and rehabilitation of reclamation and other

facilities, participation in fulfilling related Federal responsibilities

to Native Americans, and related grants to, and cooperative and

other agreements with, State and local governments, Indian tribes,

and others, $762,531,000, to remain available until expended, of

which $14,649,000 shall be available for transfer to the Upper Colorado River Basin Fund and $31,442,000 shall be available for

transfer to the Lower Colorado River Basin Development 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 development, feasibility studies, and related administrative costs under Public Law 106–163; 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.

14

1706: Provided, That such transfers may be increased or decreased

within the overall appropriation under this heading: Provided further, That of the total appropriated, the amount for program activities that can be financed by the Reclamation Fund or the Bureau

of Reclamation special fee account established by 16 U.S.C. 460l–

6a(i) shall be derived from that Fund or account: Provided further,

That funds contributed under 43 U.S.C. 395 are available until expended for the purposes for which contributed: Provided further,

That funds advanced under 43 U.S.C. 397a shall be credited to this

account and are available until expended for the same purposes as

the sums appropriated under this heading: Provided further, That

$12,000,000 of the funds appropriated herein shall be deposited in

the San Gabriel Basin Restoration Fund established by section 110

of division B, title I of Public Law 106–554, of which $1,000,000

shall be for remediation in the Central Basin Municipal Water District: Provided further, That funds available for expenditure for the

Departmental Irrigation Drainage Program may be expended by the

Bureau of Reclamation for site remediation on a non-reimbursable

basis: Provided further, That section 301 of Public Law 102–250,

Reclamation States Emergency Drought Relief Act of 1991, as

amended, is amended further by inserting ‘‘2001, and 2002’’ in lieu

of ‘‘and 2001’’: 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-Pojoaque Regional Water System,

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 defined 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 provisions of the Central

Valley Project Improvement Act, $55,039,000, to be derived from

such sums as may be collected in the Central Valley Project Restoration Fund pursuant 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 additional mitigation and

restoration payments authorized by section 3407(d) of Public Law

102–575.

15

POLICY AND ADMINISTRATION

For necessary expenses of policy, administration, and related

functions in the office of the Commissioner, the Denver 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. In order to increase opportunities for Indian tribes to

develop, manage, and protect their water resources, the Secretary of

the Interior, acting through the Commissioner of the Bureau of Reclamation, is authorized to enter into grants and cooperative agreements with any Indian tribe, institution of higher education, national Indian organization, or tribal organization pursuant to 31

U.S.C. 6301–6308. Nothing in this Act is intended to modify or

limit the provisions of the Indian Self Determination Act (25 U.S.C.

45 et seq.).

SEC. 202. SAN GABRIEL BASIN, CALIFORNIA. (a) ADMINISTRATION OF RESTORATION FUND.—Section 110(a)(2) of the Miscellaneous Appropriations Act, 2001 (as enacted into law by section

1(a)(4) of Public Law 106–554) is amended by striking ‘‘the Secretary of the Army’’ and inserting ‘‘the Secretary of the Interior’’.

(b) PURPOSES OF RESTORATION FUND.—Section 110(a)(3)(A) of

such Act is amended by striking clauses (i) and (ii) and inserting

the following:

‘‘(i) to provide grants to the San Gabriel Basin

Water Quality Authority and the Central Basin Municipal Water District to reimburse such agencies for the

Federal share of the costs associated with designing

and constructing water quality projects to be administered by such agencies; and

‘‘(ii) to provide grants to reimburse the San Gabriel

Basin Water Quality Authority and the Central Basin

Municipal Water District for the Federal share of the

costs required to operate any project constructed under

this section for a period not to exceed 10 years, following the initial date of operation of the project.’’.

(c) COST-SHARING LIMITATION.—Section 110(a)(3)(B) of such

Act (114 Stat. 2763A–223) is amended by adding at the end the following:

‘‘(iii) CREDITS TOWARD NON-FEDERAL SHARE.—For

purposes of clause (ii), the Secretary shall credit the

San Gabriel Basin Water Quality Authority with the

value of all prior expenditures by non-Federal interests

16

made after February 11, 1993, that are compatible

with the purposes of this section, including— ‘‘(I) all expenditures made by non-Federal interests to design and construct water quality

projects, including expenditures associated with

environmental analyses and public involvement activities that were required to implement the water

quality projects in compliance with applicable Federal and State laws; and ‘‘(II) all expenditures made by non-Federal interests to acquire lands, easements, rights-of-way,

relocations, disposal areas, and water rights that

were required to implement a water quality

project.’’. SEC. 203. The Secretary of the Interior is authorized and di- rected 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 certain 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 (43 U.S.C. 390ff,

390ww(c)), including the amount of associated interest assessed by

the Secretary and paid to the United States pursuant to section

224(i) of the Reclamation Reform Act of 1982 (43 U.S.C. 390ww(i)).

SEC. 204. LOWER COLORADO RIVER BASIN DEVELOPMENT 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 provisions of the

stipulation referred to in subsection (a) are 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 Colorado 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 otherwise made

available by this Act may be used to determine 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

Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters.

(b) The costs of the Kesterson Reservoir Cleanup Program and

the costs of the San Joaquin Valley Drainage Program shall be classified by the Secretary of the Interior as reimbursable or nonVerDate 11-MAY-2000 21:56 Oct 31, 2001 Jkt 075839 PO 00000 Frm 00016 Fmt 6659 Sfmt 6603 E:\HR\OC\HR258.XXX pfrm04 PsN: HR258
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reimbursable and collected until fully repaid pursuant to the

‘‘Cleanup Program—Alternative Repayment Plan’’ and the ‘‘SJVDP—Alternative Repayment Plan’’ described in the report entitled ‘‘Repayment Report, Kesterson Reservoir Cleanup Program and

San Joaquin Valley Drainage Program, February 1995’’, prepared

by the Department of the Interior, Bureau of Reclamation. 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 reimbursable 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 replacement, repair,

and extraordinary maintenance with regard to the Valve Rehabilitation Project at the Arrowrock Dam on the Arrowrock Division of the

Boise Project in Idaho, shall recover no more than $6,900,000 of

such expenses according to the application of the current formula

for charging users for reimbursable operation and maintenance expenses at Bureau of Reclamation facilities on the Boise Project, and

shall recover this portion of such expenses over a period of 15 years.

SEC. 207. 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 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. 208. None of the funds made available in this Act may be

used by the Bureau of Reclamation (either directly or by making the

funds available to an entity under a contract) for the issuance of

permits for, or any other activity related to the management of, commercial rafting activities within the Auburn State Recreation Area,

California, until the requirements of the National Environmental

Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Federal Water

Pollution Control Act (33 U.S.C. 12151 et seq.) are met with respect

to such commercial rafting activities.

SEC. 209. (a) Section 101(a)(6)(C) of the Water Resources Development Act of 1999, Public Law 106–53, is amended to read as follows: ‘‘(C) MAKEUP OF WATER SHORTAGES CAUSED BY FLOOD

CONTROL OPERATION.— ‘‘(i) IN GENERAL.—The Secretary of the Interior

shall enter into, or modify, such agreements with the

Sacramento Area Flood Control Agency regarding the

operation of Folsom Dam and Reservoir as may be necessary in order that, notwithstanding any prior agreement or provision of law, 100 percent of the water

needed to make up for any water shortage caused by

variable flood control operation during any year at Folsom Dam, and resulting in a significant impact on

recreation at Folsom Reservoir shall be replaced, to the

extent the water is available for purchase, by the Secretary of the Interior. ‘‘(ii) COST SHARING.—Seventy-five percent of the

costs of the replacement water provided under clause

(i) shall be paid for on a non-reimbursable basis by the

Secretary of the Interior at Federal expense. The reVerDate 11-MAY-2000 21:56 Oct 31, 2001 Jkt 075839 PO 00000 Frm 00017 Fmt 6659 Sfmt 6603 E:\HR\OC\HR258.XXX pfrm04 PsN: HR258
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maining 25 percent of such costs shall be provided by

the Sacramento Area Flood Control Agency.

‘‘(iii) LIMITATION.—To the extent that any funds in

excess of the non-Federal share are provided by the

Sacramento Area Flood Control Agency, the Secretary

shall reimburse such non-Federal interests for such excess funds. Costs for replacement water may not exceed

125 percent of the current average market price for raw

water, as determined by the Secretary of the Interior.’’.

(b) CONFORMING CHANGE.—Section 101(a)(1)(D)(ii) of the Water

Resources Development Act of 1996, Public Law 104–303, is amended by striking ‘‘during’’ and all that follows through ‘‘thereafter’’.

TITLE III

DEPARTMENT OF ENERGY

ENERGY PROGRAMS

ENERGY SUPPLY

For Department of Energy expenses including the purchase,

construction, and acquisition of plant and capital equipment, and

other expenses necessary for energy supply 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 vehicles for replacement only, $666,726,000, to remain

available until expended.

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 environmental 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 condemnation of any real property or any facility or for

plant or facility acquisition, construction, or expansion,

$236,372,000, to remain available until expended: Provided, That

funding for the West Valley Demonstration Project shall be reduced

in subsequent fiscal years to the minimum necessary to maintain

the project in a safe and stable condition, unless, not later than September 30, 2002, the Secretary: (1) provides written notification to

the Committees on Appropriations of the House of Representatives

and the Senate that agreement has been reached with the State of

New York on the final scope of Federal activities at the West Valley

site and on the respective Federal and State cost shares for those activities; (2) submits a written copy of that agreement to the Committees on Appropriations of the House of Representatives and the Senate; and (3) provides a written certification that the Federal actions

proposed in the agreement will be in full compliance with all relevant Federal statutes and are in the best interest of the Federal

government.

19

URANIUM FACILITIES MAINTENANCE AND REMEDIATION

For necessary expenses to maintain, decontaminate, decommission, and otherwise remediate uranium processing facilities,

$418,425,000, of which $299,641,000 shall be derived from the Uranium Enrichment Decontamination and Decommissioning Fund, all

of which shall remain available until expended.

SCIENCE

For Department of Energy expenses including the purchase,

construction and acquisition of plant and capital equipment, and

other expenses necessary for science 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 facility or for plant or facility acquisition, construction,

or expansion, and purchase of not to exceed 25 passenger motor vehicles for replacement only, $3,233,100,000, to remain available

until expended.

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 expansion, $95,000,000, to remain available until expended and to be derived from the Nuclear

Waste Fund: Provided, That not to exceed $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

responsibilities 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 governments, as defined

in Public Law 97–425, to conduct appropriate 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

Department of Energy: Provided further, That the funds for the

State of Nevada shall be made available solely to the Nevada Division of Emergency Management by direct payment and units of

local government by direct payment: Provided further, 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 Energy 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 lobbying activity as provided in 18 U.S.C. 1913; (2)

used for litigation expenses; or (3) used to support multi-State efforts or other coalition building activities inconsistent with the restrictions contained in this Act: Provided further, That all proceeds

and recoveries realized by the Secretary in carrying out activities

authorized by the Nuclear Waste Policy Act of 1982, Public Law 97–

425, as amended, including but not limited to, any proceeds from

20

the sale of assets, shall be available without further appropriation

and shall remain available until expended.

DEPARTMENTAL ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS)

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 expenses (not to exceed $35,000),

$210,853,000, 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 available 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 miscellaneous 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

$73,043,000.

OFFICE OF THE INSPECTOR GENERAL

For necessary expenses of the Office of the Inspector General in

carrying out the provisions of the Inspector General Act of 1978, as

amended, $32,430,000, to remain available 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 condemnation of any real property or any facility or for

plant or facility acquisition, construction, or expansion; and the

purchase of not to exceed 11 passenger motor vehicles for replacement only, $5,429,238,000, to remain available until expended.

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 activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C.

21

7101 et seq.), including the acquisition or condemnation of any real

property or any facility or for plant or facility acquisition, construction, or expansion, $803,586,000, to remain available until expended.

NAVAL REACTORS

For Department of Energy expenses necessary for naval reactors

activities to carry out the Department of Energy Organization Act

(42 U.S.C. 7101 et seq.), including the acquisition (by purchase, condemnation, construction, or otherwise) of real property, plant, and

capital equipment, facilities, and facility expansion, $688,045,000,

to remain available until expended.

OFFICE OF THE ADMINISTRATOR

For necessary expenses of the Office of the Administrator of the

National Nuclear Security Administration, including official reception and representation expenses (not to exceed $12,000),

$312,596,000, to remain available until expended.

ENVIRONMENTAL AND OTHER DEFENSE 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.), 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 30 passenger

motor vehicles, of which 27 shall be for replacement only,

$5,234,576,000, 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, including the purchase, construction, and acquisition of plant and capital equipment

and other necessary expenses, $1,092,878,000, 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.), $153,537,000, 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 purposes of the Department of Energy

Organization Act (42 U.S.C. 7101 et seq.), including the acquisition

22

or condemnation of any real property or any facility or for plant or

facility acquisition, construction, or expansion, $544,044,000, 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 expansion, $280,000,000, to remain available until expended.

POWER MARKETING ADMINISTRATIONS

BONNEVILLE POWER ADMINISTRATION FUND

Expenditures from the Bonneville Power Administration Fund,

established pursuant to Public Law 93–454, are approved for official reception and representation expenses in an amount not to exceed $1,500.

During fiscal year 2002, no new direct loan obligations may be

made.

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 applied to the southeastern power area, $4,891,000,

to remain available until expended; in addition, notwithstanding

the 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 collections, to remain available

until expended for the sole purpose 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 reception and representation expenses in an

amount not to exceed $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: Provided, 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 available

until expended for the sole purpose of making purchase power and

wheeling expenditures.

23

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,

$171,938,000, to remain available until expended, of which

$166,651,000 shall be derived from the Department of the Interior

Reclamation Fund: Provided, That of the amount herein appropriated, $6,000,000 is for deposit into the Utah Reclamation Mitigation and Conservation Account pursuant to title IV of the Reclamation 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 remain available until expended for the sole purpose

of making purchase power and wheeling expenditures.

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 Administration, as provided in section 423 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995.

FEDERAL ENERGY REGULATORY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Energy Regulatory Commission to carry out the provisions of the Department 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),

$184,155,000, to remain available until expended: Provided, That

notwithstanding any other provision of law, not to exceed

$184,155,000 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 an

additional 5 senior executive service 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 contract, or award

a significant extension or expansion to an existing management and

24

operating 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 for which the Secretary intends to grant such a waiver, the Secretary shall submit to

the Subcommittees on Energy and Water Development of the Committees on Appropriations of the House of Representatives and the

Senate a report notifying the Subcommittees of the waiver and setting forth, in specificity, the substantive reasons why the Secretary

believes the requirement for competition should be waived for this

particular award.

SEC. 302. None of the funds appropriated by this Act may be

used to—

(1) develop or implement a workforce restructuring plan

that covers employees of the Department of Energy; or

(2) provide enhanced severance payments or other benefits

for employees of the Department of Energy,

under section 3161 of the National Defense Authorization Act for

Fiscal Year 1993 (Public Law 102–484; 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 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; 42

U.S.C. 7274h) unless the Department of Energy submits a reprogramming request subject to approval by the appropriate 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 appropriations provided for activities in this Act may be transferred to appropriation

accounts for such activities established 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. None of the funds in this or any other Act for the Administrator of the Bonneville Power Administration may be used to

enter into any agreement to perform energy efficiency services outside the legally defined Bonneville service territory, with the exception of services provided internationally, including services provided

on a reimbursable basis, unless the Administrator certifies in advance that such services are not available from private sector businesses.

SEC. 307. When the Department of Energy makes a user facility

available to universities and other potential users, or seeks input

from universities and other potential users regarding significant

characteristics or equipment in a user facility or a proposed user facility, the Department shall ensure broad public notice of such

availability or such need for input to universities and other potential users. When the Department of Energy considers the participation of a university or other potential user as a formal partner in

25

the establishment or operation of a user facility, the Department

shall employ full and open competition in selecting such a partner.

For purposes of this section, the term ‘‘user facility’’ includes, but is

not limited to: (1) a user facility as described in section 2203(a)(2)

of the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a National Nuclear Security Administration Defense Programs Technology Deployment Center/User Facility; and (3) any other Departmental facility designated by the Department as a user facility.

SEC. 308. 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 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 material categories of transuranic waste at the Rocky

Flats Environmental 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 Environmental Impact Statement on Management of Certain Plutonium Residues and Scrub

Alloy Stored at the Rocky Flats Environmental Technology Site’’.

SEC. 309. 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 capabilities at such plant: Provided, That of the

amount allocated 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:

(1) the Kansas City Plant, Kansas City, Missouri;

(2) the Y–12 Plant, Oak Ridge, Tennessee;

(3) the Pantex Plant, Amarillo, Texas; and

(4) the Savannah River Plant, South Carolina.

SEC. 310. The Administrator of the National Nuclear Security

Administration may authorize the manager of the Nevada Operations Office to engage in research, development, and demonstration

activities with respect to the development, test, and evaluation capabilities necessary for operations and readiness of the Nevada Test

Site: Provided, That of the amount allocated to the Nevada Operations Office each fiscal year from amounts available to the Department 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.

SEC. 311. DEPLETED URANIUM HEXAFLUORIDE. Section 1 of

Public Law 105–204 is amended in subsection (b)—

(1) by inserting ‘‘except as provided in subsection (c),’’ after

‘‘1321–349),’’; and

(2) by striking ‘‘fiscal year 2002’’ and inserting ‘‘fiscal year

2005’’.

SEC. 312. PROHIBITION OF OIL AND GAS DRILLING IN THE FINGER LAKES NATIONAL FOREST, NEW YORK. No Federal permit or

26

lease shall be issued for oil or gas drilling in the Finger Lakes National Forest, New York, during fiscal year 2002.

TITLE IV

INDEPENDENT AGENCIES

APPALACHIAN REGIONAL COMMISSION

For expenses necessary to carry out the programs authorized by

the Appalachian Regional Development Act of 1965, as amended,

notwithstanding section 405 of said Act, and, for necessary expenses

for the Federal Co-Chairman and the alternate on the Appalachian

Regional Commission, for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,

$71,290,000, to remain available until expended.

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SALARIES AND EXPENSES

For necessary expenses of the Defense Nuclear Facilities Safety

Board in carrying out activities authorized by the Atomic Energy

Act of 1954, as amended by Public Law 100–456, section 1441,

$18,500,000, to remain available until expended.

DELTA REGIONAL AUTHORITY

SALARIES AND EXPENSES

For necessary expenses of the Delta Regional Authority and to

carry out its activities, as authorized by the Delta Regional Authority Act of 2000, $10,000,000, to remain available until expended.

DENALI COMMISSION

For expenses of the Denali Commission including the purchase,

construction and acquisition of plant and capital equipment as necessary and other expenses, $38,000,000, to remain available until

expended.

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 amended, 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 revenues from licensing fees, inspection services, and other services and

collections estimated at $473,520,000 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 further, That the sum herein appropriated shall

be reduced by the amount of revenues received during fiscal year

27

2002 so as to result in a final fiscal year 2002 appropriation estimated at not more than $43,380,000: Provided further, That, notwithstanding any other provision of law, no funds made available

under this or any other Act may be expended by the Commission to

implement or enforce any part of 10 C.F.R. Part 35, as adopted by

the Commission on October 23, 2000, with respect to diagnostic nuclear medicine, except those parts which establish training and experience requirements for persons seeking licensing as authorized

users, until such time as the Commission has reexamined 10 C.F.R.

Part 35 and provided a report to the Congress which explains why

the burden imposed by 10 C.F.R. Part 35 could not be further reduced.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as

amended, $6,180,000, to remain available until expended: Provided,

That revenues from licensing fees, inspection services, and other

services and collections estimated at $5,933,000 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 appropriation estimated

at not more than $247,000.

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, section 5051,

$3,100,000, to be derived from the Nuclear Waste Fund, and to remain available until expended.

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 communicate to Members of Congress as described in 18 U.S.C. 1913.

SEC. 502. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND

PRODUCTS.—It is the sense of the Congress that, to the greatest extent practicable, all equipment and products 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 provide to such entity a notice describing the statement made in subsection (a) by the Congress.

(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABEL- ING PRODUCTS AS MADE IN AMERICA.—If it has been finally determined by a court or Federal agency that any person intentionally

28

affixed a label bearing a ‘‘Made in America’’ inscription, or any inscription with the same meaning, to any product sold in or shipped

to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made

with funds made available in this Act, pursuant to the debarment,

suspension, and ineligibility procedures described in sections 9.400

through 9.409 of title 48, Code of Federal Regulations.

SEC. 503. The Secretary of the Army shall conduct 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 during the fiscal years 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 one or more of the Great

Lakes.

This Act may be cited as the ‘‘Energy and Water Development

Appropriations Act, 2002’’. And the Senate agree to the same.

SONNY CALLAHAN,

HAROLD ROGERS,

RODNEY P. FRELINGHUYSEN,

TOM LATHAM,

ROGER F. WICKER,

ZACH WAMP,

JO ANN EMERSON,

JOHN T. DOOLITTLE,

BILL YOUNG,

PETER J. VISCLOSKY,

ED PASTOR,

JAMES E. CLYBURN,

LUCILLE ROYBAL-ALLARD,

Managers on the Part of the House.

PETE V. DOMENICI,

THAD COCHRAN, MITCH MCCONNELL, ROBERT F. BENNETT, CONRAD BURNS, LARRY CRAIG, TED STEVENS,

HARRY REID,

ROBERT C. BYRD,

FRITZ HOLLINGS,

PATTY MURRAY,

BYRON L. DORGAN,

DIANNE FEINSTEIN,

TOM HARKIN,

DANIEL K. INOUYE,

Managers on the Part of the Senate.

(29)

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF

CONFERENCE

The managers on the part of the House and the Senate at the

conference on the disagreeing votes of the two Houses on the

amendment of the Senate to the bill (H.R. 2311) making appropriations for energy and water development for the fiscal year ending

September 30, 2002, and for other purposes, submit the following

joint statement to the House and the Senate in explanation of the

effects of the action agreed upon by the managers and recommended in the accompanying conference report.

The language and allocations set forth in House Report 107– 112 and Senate Report 107–39 should be complied with unless specifically addressed to the contrary in the conference report and

statement of the managers. Report language included by the House

which is not contradicted by the report of the Senate or the statement of the managers, and Senate report language which is not

contradicted by the report of the House or the statement of the

managers is approved by the committee of conference. The statement of the managers, while repeating some report language for

emphasis, does not intend to negate the language referred to above

unless expressly provided herein. In cases where both the House

report and Senate report address a particular issue not specifically

addressed in the conference report or joint statement of managers,

the conferees have determined that the House and Senate reports

are not inconsistent and are to be interpreted accordingly. In cases

in which the House or Senate have directed the submission of a report, such report is to be submitted to both House and Senate Committees on Appropriations.

Senate amendment: The Senate deleted the entire House bill

after the enacting clause and inserted the Senate bill. The conference agreement includes a revised bill.

INTRODUCTION

RESPONSE TO TERRORISM

The conferees commend the personnel of the agencies funded

in this bill for their dedication and professionalism in their response to the heinous and cowardly terrorist attacks on the World

Trade Center and the Pentagon on September 11, 2001.

The Army Corps of Engineers had a very prominent role in crisis response, engineering assessment, and recovery at the attack

sites. The conferees believe that this disaster has again shown the

wisdom of the current structure and alignment of the Corps of Engineers within the Department of Defense. The conferees continue

to expect the Congress to be fully consulted before any proposed

changes affecting the Corps or the unique role of the Chief of Engineers are implemented.

30

The Department of Energy redoubled efforts to maximize and

ensure absolute security of our Nation’s nuclear weapons, nuclear

materials, and critical scientific and weapons infrastructure. In a

quiet, unheralded manner the professionals throughout the country

at the Army Corps of Engineers and the Department of the Interior’s Bureau of Reclamation have spent much time and personal

effort to ensure the safety of many of the Nation’s critical water resources. The Nuclear Regulatory Commission remains vigilant

about security at the nation’s commercial nuclear power reactors.

The conferees note that both Federal and contractor employees

have made significant contributions at sometimes great personal

sacrifice on behalf of our Nation, and we are grateful for their efforts.

The conferees are aware that a number of requirements have

surfaced since the terrorist attacks to address the cost of improved

security at facilities funded in this bill. These requirements are

evolving and are expected to be addressed within the $40 billion

emergency supplemental appropriation that the Congress provided

immediately following the terrorist attack. If additional requirements are identified during the year, the conferees expect each

agency to follow normal reprogramming procedures to address

those requirements. For the Corps of Engineers Operation and

Maintenance, General, account, the Corps of Engineers shall submit to the House and Senate Committees for approval, any reprogramming of funds directly related to enhanced security at its

projects. If all known enhanced security requirements cannot be

fully met through fiscal year 2002 appropriations, the conferees direct that each agency in this bill budget for any such remaining

costs in the fiscal year 2003 budget submission to Congress. The

conferees direct the Secretaries of the Army, Energy, and Interior

to each submit a report to the Appropriations Committees of Congress by February 15, 2002 which specifically identifies in detail all

known physical security requirements that have surfaced since the

terrorist attacks, and the degree to which each has been met

through fiscal year 2002 appropriations and the fiscal year 2003

budget request.

TITLE I

DEPARTMENT OF DEFENSE—CIVIL

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS—CIVIL

The summary tables at the end of this title set forth the conference agreement with respect to the individual appropriations,

programs, and activities of the Corps of Engineers. Additional

items of conference agreement are discussed below.

GENERAL INVESTIGATIONS

The conference agreement appropriates $154,350,000 for General Investigations instead of $163,260,000 as proposed by the

House and $152,402,000 as proposed by the Senate.

31

The conferees have agreed to provide $350,000 for the Corps

of Engineers to initiate and complete a reconnaissance study to

evaluate environmental restoration, recreation, and related purposes for the Middle Rio Grande, Bosque, New Mexico. The conferees are aware of the unique nature of this study and encourage

the Corps of Engineers to establish a regional inter-agency and

inter-state steering committee to leverage lessons learned from the

Rio Salado, Phoenix and Tempe Reaches, Arizona, and Tres Rio,

Arizona, environmental restoration projects as well as experience

from within the agency. The conference agreement includes $1,200,000 for the Upper

Trinity River Basin, Texas, project as proposed by the House and

the Senate. The additional amount provided will allow for completion of the Dallas Floodway and Stemmons North Industrial Corridor studies, for continuation of studies on the Clear and West

Forks of the Trinity River including the evaluation of existing flood

control improvements and the identification of additional measures

at their confluence needed to protect the urban center of Fort

Worth, and the Big Fossil Creek Watershed, and for initiation of

a new study. The conferees have provided $100,000 for the Corps of Engineers to address the historic flooding problem at the Sparks Arroyo

Colonia in El Paso County, Texas. The conferees have provided $100,000 for the Nueces River and

Tributaries, Texas, project for a reconnaissance study of recharge

structures located on the Edwards Aquifer Recharge Zone in the

Nueces River Basin.

Within the amount provided for Flood Plain Management Serv- ices, $100,000 is to update a flood plain study for Tripps Run in

the City of Falls Church, Virginia. In addition, the amount provided for Flood Plain Management Services includes $1,300,000 for

the development of a Foundational Floodplain Management Geographic Information System for East Baton Rouge Parish, Louisiana, containing essential graphic and non-graphic detailed databases.

Within the amount provided for the Planning Assistance to

States Program, $50,000 is for the preparation of a Comprehensive

Drainage Basin Plan for Francis Bland Floodway Ditch (Eight Mile

Creek) and tributaries in the vicinity of Paragould, Arkansas, and

$100,000 is for the Corps of Engineers to provide planning assistance to develop a master plan for Elk Creek Lake in Fleming

County, Kentucky. In addition, the conferees urge the Corps of Engineers to initiate an investigation of the streambank erosion problems in the East Baton Rouge Parish Canal in Baker, Louisiana,

and desalinization efforts at Tularosa Basin in Alamogordo, New

Mexico. The amount provided for the Planning Assistance to States

program also includes $150,000 for the Corps of Engineers to provide planning assistance to the Choctawhatchee, Pea, and Yellow

Rivers Watershed Management Authority. The conferees have also

included $400,000 for the Corps of Engineers to conduct, at full

Federal expense as required by section 1156 of Public Law 99–662,

a review of plans developed by the Commonwealth of the Northern

Mariana Islands for improvements to its water infrastructure in

order to prepare a report for transmission to Congress that could

32

be used as the basis for an authorization for the Federal government to assist the Commonwealth of the Northern Mariana Islands

with those improvements.

The conference agreement includes $29,300,000 for Research

and Development. Within the amount provided, $4,100,000 is to

continue the National Shoreline Erosion Control Development and

Demonstration Program authorized by section 227 of the Water Resources Development Act of 1996, including $1,300,000 for the

Corps of Engineers to demonstrate the effectiveness of erosion control systems consisting of permeable groins installed perpendicular

to the shoreline which reduce wave and current energy allowing a

portion of the sediment load to fall out of suspension at Gulf State

Park in Gulf Shores, Alabama, and $800,000 to continue the research being conducted at Allegan County, Michigan, in cooperation with Western Michigan University. In addition, the conferees

encourage the Corps of Engineers to fully investigate the use of

electro-osmotic-pulse technologies at facilities where chronic water

seepage and floods are problematic. The conferees urge the Corps

of Engineers to test the effectiveness of the Aqua Levee Emergency

Flood Control System, and report back to the House and Senate

Committees on Appropriations on the feasibility of deploying this

emergency flood control system for use in fighting floods. The

amount provided for Research and Development also includes

$300,000 for the Corps of Engineers to prepare an implementation

plan and complete a detailed project design for the Seabrook Harbor, New Hampshire, Demonstration Project under the authority of

section 227 of the Water Resources Development Act of 1996.

The conference agreement includes language proposed by the

House which directs the Corps of Engineers to continue

preconstruction engineering and design of the Murrieta Creek,

California, project in accordance with the cost sharing established

in Public Law 106–377. The language has been amended to delete

the dollar amount; however, the conference agreement includes

$1,000,000 for the project as proposed by the House.

The conference agreement includes language proposed by the

House which directs the Corps of Engineers 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 CreekKeefer Slough Flood Control Project in Butte County, California.

The language has been amended to delete the dollar amount; however, the conference agreement includes $200,000 for the project as

proposed by the House and the Senate.

The conference agreement includes language proposed by the

House regarding the Southwest Valley Flood Damage Reduction

Study in New Mexico which directs the Corps of Engineers to include in the study an evaluation of flood reduction measures that

would otherwise be excluded based on policies regarding the frequency of flooding, the drainage area, and the amount of runoff.

The conference agreement includes language proposed by the

Senate which directs the Corps of Engineers to conduct studies for

flood damage reduction, environmental protection, environmental

restoration, water supply, water quality, and other purposes in

Tuscaloosa County, Alabama. The language has been amended to

33

delete the dollar amount; however, the conference agreement includes $100,000 for the study as proposed by the Senate.

The conferees have included language in the bill which directs

the Corps of Engineers to conduct a comprehensive watershed

study to provide a framework for implementing activities to improve the environmental quality of the Lake Tahoe Basin in Nevada and California.

The conference agreement includes language which amends

the Consolidated Appropriations Act, 2001, to provide that funds

for the Lower St. Anthony Falls, Minnesota, project may be used

for planning, engineering and design activities.

The conference agreement deletes bill language proposed by the Senate providing $500,000 for the Port of Iberia, Louisiana,

study. Funds for this project have been included in the overall

amount appropriated for General Investigations.

The conference agreement deletes bill language proposed by the Senate providing $100,000 for 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. Funds for this project have

been included in the overall amount appropriated for General Investigations.

The conference agreement deletes bill language proposed by

the Senate providing $300,000 for the North Georgia Water Planning District Watershed study in Georgia. Funds for this project

have been included in the overall amount appropriated for General

Investigations.

The conference agreement deletes language proposed by the

Senate regarding drilling for oil or gas in the Great Lakes. This

matter has been addressed in Title V, General Provisions.

CONSTRUCTION, GENERAL

The conference agreement appropriates $1,715,951,000 for Construction, General instead of $1,671,854,000 as proposed by the

House and $1,570,798,000 as proposed by the Senate.

The conference agreement includes $2,000,000 for the St.

Johns County, Florida, project. The conferees are aware that additional funds may be required in fiscal year 2002 to complete this

project. Therefore, the Corps of Engineers is urged to transfer up

to an additional $9,000,000 from available funds as necessary to

complete this project. The conferees approve of this procedure and

direct the Corps of Engineers to take all steps necessary to complete this project.

The conference agreement includes $40,000,000 for the

Olmsted Locks and Dam project. The conferees agree that none of

the funds are to be used to reimburse the Claims and Judgment

Fund.

The conferees have provided $13,000,000 for the Inner Harbor

Navigation Canal Lock project in Louisiana. While the conferees

continue to support the renovation of the 80-year old locks in the

Inner Harbor Navigation Canal, they are aware of recent allegations regarding potential adverse impacts of the project on vehicular traffic crossing the canal and direct the Corps of Engineers to

work with the Old Arabi Neighborhood Association, Regional PlanVerDate 11-MAY-2000 21:56 Oct 31, 2001 Jkt 075839 PO 00000 Frm 00033 Fmt 6604 Sfmt 6601 E:\HR\OC\HR258.XXX pfrm04 PsN: HR258
34

ning Commission, St. Bernard Parish, the Louisiana Department of

Transportation and Development, and the U.S. Coast Guard to determine if the project will cause vehicular traffic problems and on

solutions to any confirmed problems.

The conference agreement includes $950,000 for the Chesapeake Bay Environmental Restoration and Protection program, including $200,000 for the Taylors Island marsh creation and shoreline protection project, and $750,000 for upgrades to the Smith Island wastewater treatment plant.

The conference agreement includes $4,000,000 for the Northeastern Minnesota Environmental Infrastructure program, including $250,000 to assist the City of Biwabik, Minnesota, with its

sewer and water utility reconstruction along 7th and 8th avenues.

The conference agreement includes $500,000 for the Rural

Montana project. Within the funds provided, the Corps of Engineers is directed to give consideration to projects at Helena, Laurel,

and Conrad, Montana.

The conferees are aware of the urgent need to facilitate efficient construction of improvements for New York and New Jersey

Harbor to meet the needs of navigation interests and save significant Federal and non-Federal resources. Therefore, the conferees

direct the Secretary of the Army to combine the previously authorized Arthur Kill Channel, Howland Hook Marine Terminal, New

York and New Jersey, project; the Kill Van Kull and Newark Bay

Channel, New York and New Jersey, project; the New York and

Adjacent Channels, Port Jersey Channel, New Jersey, project; and

the New York and New Jersey Harbor, New York and New Jersey,

project into a single project designated the New York and New Jersey Harbor, New York and New Jersey, project. The conferees have

combined the Construction, General and General Investigations

budget amounts for these projects and provided $88,500,000 for the

New York and New Jersey Harbor project. The Secretary of the

Army is directed to use these funds to continue construction of the

combined New York and New Jersey Harbor project to the depths

authorized in the Water Resources Development Act of 2000.

The conferees have provided $8,000,000 to continue the Rural

Nevada project. Within the funds provided, the Corps of Engineers

is directed to give consideration to projects at Mesquite, Silver

Springs, Lawton-Verdi, Moapa, Elko County, McGill, and Boulder

City, Nevada.

The conference agreement includes $3,000,000 for the Mill

Creek, Ohio, project as proposed by the House and the Senate. The

additional funds provided above the budget request are to be used

to accelerate completion of the General Reevaluation Report and

develop an early warning system to alert businesses and residents

in the watershed of possible floods.

The conference agreement includes $3,000,000 for the Ohio Environmental Infrastructure program. The amount provided includes

$1,500,000 to assist the City of Springfield, Ohio, with its wastewater treatment and sewer improvement needs.

The conference agreement includes $10,000,000 for the South

Central Pennsylvania Environmental Improvement Program. These

funds are available to carry out improvements in Armstrong,

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Cambria, Indiana, Fayette, Somerset, and Westmoreland Counties

in Pennsylvania. The conference agreement includes $500,000 for the Corps of

Engineers to complete preconstruction engineering and design of

the Goshen Dam, Virginia, project. The conferees agree that upon

completion of preconstruction engineering and design, the Corps of

Engineers may initiate construction of the project using available

funds.

The conferees have provided an additional $500,000 for the

Mud Mountain Dam, White River, Washington, project for the design of fish passage facilities. The conference agreement includes a total of $41,100,000 for

the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River project. The amount provided includes funds for the

individual project elements as described in the House and Senate

reports. The conference agreement includes $4,000,000 for the Aquatic

Plant Control Program. With the funds provided, the Corps of Engineers is directed to undertake the projects listed in the House

and Senate reports. The amount provided for the removal of aquatic weeds in the Lavaca and Navidad Rivers in Texas is $300,000.

The conferees direct the Corps of Engineers to undertake the

projects listed in the House and Senate reports and any additional

projects described below for the various continuing authorities programs. For those projects in the continuing authorities program

that are named in both the House and Senate reports, the conferees direct the Corps of Engineers to use the higher of the two

reports funding recommendation for that project. The recommended

funding levels for these programs are as follows: Section 206— $20,000,000; Section 204—$1,500,000; Section 14—$9,000,000; Section 205—$40,000,000; Section 111—$1,470,000; Section 107— $15,000,000; Section 1135—$20,400,000; Section 103—$5,000,000;

and Section 208—$1,000,000. The conferees are aware that there

are funding requirements for ongoing continuing authorities

projects that may not be accommodated within the funds provided

for each program. It is not the intent of the conferees that ongoing

projects be terminated. If additional funds are needed during the

year to keep ongoing work in any program on schedule, the conferees urge the Corps of Engineers to reprogram funds into the program.

The amount provided for the Section 1135 program does not include funds for the Garrows Bend Restoration project in Mobile,

Alabama. That project has been funded in the Operation and Maintenance account. The amount provided for the Section 1135 program includes $250,000 for a feasibility study of restoration activities at Horseshoe Lake, Arkansas, and $400,000 for the Tunica

Lake Weir, Mississippi, project.

The amount provided for the Section 206 program includes

$100,000 for the Milford Pond restoration project in Massachusetts;

$10,000 for the Borough of Fair Haven, Monmouth County, New

Jersey, project; and $10,000 for the Grover’s Mill Pond, Township

of West Windsor, Mercer County, New Jersey, project. Funds are

not included for the Lake Weamaconk, New York, project and the

Oak Orchard Creek and Tonawanda Creek Watersheds, New York,

36

project. As part of the fiscal year 2001 appropriations process, the

Secretary of the Army was directed to reimburse the East Bay Municipal Utility District for expenses at Penn Mine located in

Calaveras County, California. The conferees have learned that reimbursement has not occurred as required. The conferees direct the

Secretary to reimburse the East Bay Municipal Utility District

$4,100,000 from funds previously appropriated under the Section

206 program for costs incurred at Penn Mine for work carried out

by East Bay Municipal Utility District for the project. Such

amounts shall be made available to the East Bay Municipal Utility

District not later than 60 days after the date of enactment of this

Act.

The amount provided for the Section 205 program includes $424,000 for the Sumava, Indiana, project and $1,000,000 for the

Deer Creek, Illinois, project. In addition, the conferees urge the

Corps of Engineers to proceed with design of the Mad Creek flood

control project in Iowa.

The amount provided for the Section 111 program includes $170,000 for the Dauphin Island, Alabama, project.

The amount provided for the Section 107 program includes $3,000,000 for the Lake Shore State Park, Wisconsin, project.

The conferees have included language in the bill earmarking

funds for the following projects in the amounts specified: San

Timoteo Creek (Santa Ana River Mainstem), California,

$8,000,000; Indianapolis Central Waterfront, Indiana, $9,000,000;

Southern and Eastern 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, Kentucky, elements of the Levisa and

Tug Forks of the Big Sandy River and Upper Cumberland River

project, $15,450,000; and the 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.

The conference agreement deletes language proposed by the

House regarding the San Gabriel Basin Restoration Fund project.

Funds for this project are included in the Bureau of Reclamation’s

Water and Related Resources account.

The conference agreement includes language proposed by the

House which directs the Corps of Engineers to modify the Carr

Creek Lake, Kentucky, project to provide additional water supply

storage for the Upper Kentucky River Basin.

The conferees have included language proposed by the House

directing the Corps of Engineers to undertake design deficiency repairs to the Bois Brule Drainage and Levee District, Missouri,

project with cost sharing consistent with the original project authorization and to increase the authorized level of protection of the

Bois Brule Drainage and Levee District, Missouri, project from 50

to 100 years.

The conference agreement includes language proposed by the

Senate which directs the Corps of Engineers to conduct technical

studies of individual ditch systems identified by the State of Hawaii and to assist the State in diversification by helping define the

37

cost of repairing and maintaining selected ditch systems. The conference agreement also includes language proposed by the Senate

which directs the Corps of Engineers to use $1,300,000 to continue

construction of the Kaumalapau Harbor, Hawaii, project.

The conferees have agreed to include language proposed by the

Senate regarding the Brunswick County Beaches, North Carolina,

project. The language has been amended to direct the Corps of Engineers to continue preparation of a General Reevaluation Report

for the Oak Island, Caswell Beach, and Holden Beach segments of

the project.

The conference agreement includes language proposed by the

Senate directing the Corps of Engineers to undertake the Bowie

County Levee, Texas, project.

The conferees have included language proposed by the Senate directing the Corps of Engineers to use $4,000,000 of the funds provided for the Dam Safety and Seepage/Stability Correction program

to continue construction of seepage control features at Waterbury

Dam, Vermont.

The conference agreement includes language directing the

Corps of Engineers to complete the Aloha-Rigolette, Louisiana,

project.

The conference agreement includes language directing the

Corps of Engineers to proceed with the Shoalwater Bay Shoreline,

Washington, project.

The conferees have agreed to include language in the bill directing the Corps of Engineers to proceed with a final design and

initiate construction for the repair and replacement of the Jicarilla

Municipal Water System in Dulce, New Mexico.

The conference agreement includes language which directs the

Corps of Engineers to proceed with the Missouri River Restoration

project and which provides that erosion control measures implemented shall be primarily through nonstructural means such as

planting of native vegetation, bugger strips, conservation easements, setbacks, and agricultural best management practices.

The conference agreement includes language directing the

Corps of Engineers to construct the Dallas Floodway Extension,

Texas, project in accordance with the Chief of Engineers report

dated December 7, 1999.

The conferees have included language in the bill extending by

one year the due date for a progress report required by the Consolidated Appropriations Act, 2001, on implementing a program of environmental infrastructure improvements in northern Wisconsin.

The conference agreement includes language directing the

Corps of Engineers to use funds previously appropriated for the

Salyersville, Kentucky, project to construct additional recreation

improvements at the Buckhorn Lake, Kentucky, project.

The conference agreement includes language directing the

Corps of Engineers to initiate construction of the Seward Harbor,

Alaska, project in accordance with the Report of the Chief of Engineers dated June 8, 1999.

The conferees have included language directing the Corps of

Engineers to use previously appropriated funds to reimburse the

City of Venice, Florida, for work accomplished by the City as part

of the Sarasota County, Florida, project.

38

The conference agreement includes language directing the

Corps of Engineers to undertake emergency bank protection measures at Lakeshore Park in Knoxville, Tennessee.

The conference agreement includes language proposed by the

Senate which directs the Corps of Engineers to continue the

Dickenson County, Virginia, Detailed Project Report.

The conferees have included language proposed by the Senate

providing that the non-Federal sponsor for the Lebanon, New

Hampshire, project shall receive credit toward the non-Federal cost

of the project for work performed before execution of the project cooperation agreement.

The conference agreement includes language proposed by the

House under Operation and Maintenance regarding the Raritan

River Basin, Green Brook Sub-Basin, New Jersey, project. The Senate had proposed similar language under General Provisions, Corps

of Engineers—Civil.

The conference agreement deletes language proposed by the

Senate regarding the Horseshoe Lake, Arkansas, project. Funds for

this project have been included within the amount provided for the

Section 1135 program.

The conference agreement deletes language proposed by the

Senate providing funds for the Red River Emergency Bank Protection, Arkansas, project. The amount appropriated for Construction,

General includes $3,000,000 for this project.

The conference agreement deletes language proposed by the

Senate regarding the Embrey Dam, Virginia, project. Funds for

this project have been included in the amount appropriated for

Construction, General.

The conferees direct that $2,000,000 of the funds provided in

the Consolidated Appropriations Act, 2001, for the Abandoned and

Inactive Noncoal Mine Restoration Program shall be provided for

clean-up activities in Nevada.

FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND TENNESSEE

The conference agreement appropriates $345,992,000 for Flood

Control, Mississippi River and Tributaries, instead of $347,655,000

as proposed by the House and $328,011,000 as proposed by the

Senate.

The conference agreement includes $45,000,000 for the Channel Improvement construction program. The amount provided includes $500,000 to initiate dike construction at Keyes Point, Arkansas; Kate Aubrey, Arkansas; and Ashport-Goldust, Arkansas and

Tennessee.

The conference agreement includes $49,547,000 for the Mississippi River Levees construction program. The amount provided

includes $4,100,000 to construct improvements in the vicinity of

New Madrid, Missouri, as described in the House Report. In addition, the conferees have included $600,000 for the Corps of Engineers to prepare a design and cost estimate for the Lower Mississippi River Museum and Riverfront Interpretive Site at Vicksburg, Mississippi, generally in accordance with the conceptual plan

prepared by the City of Vicksburg, as authorized by the Water ReVerDate 11-MAY-2000 21:56 Oct 31, 2001 Jkt 075839 PO 00000 Frm 00038 Fmt 6604 Sfmt 6601 E:\HR\OC\HR258.XXX pfrm04 PsN: HR258
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sources Development Act of 1992, and amended by the Water Resources Development Act of 2000.

The conference agreement includes $12,000,000 to continue

construction of the Grand Prairie project in Arkansas, including

construction of features to withdraw water from the White River.

The conferees are aware that the irrigation district that would be

the local sponsor for this project has not yet been formed. Formation of the district would be a significant step in advancing this

project.

The conferees have provided $25,400,000 for the Atchafalaya

Basin project and direct the Corps of Engineers to use these funds

for the Bayou Yokely pumping station and other projects within the

basin. Further, the conferees restrict funds from being used on any

action that would decrease the water quality on Bayou Lafourche

until water quality experts responsible for municipal water supplies from the bayou support these project elements.

The conferees recognize that the realization of benefits derived

from the Atchafalaya Basin Floodway System project is dependent

upon the continuation of construction engineering and design work

for water management and recreational features of the Myette

Point, Buffalo Cove, and Flat Lake elements. The Corps of Engineers is directed to continue work on these components.

The conference agreement includes language directing the

Corps of Engineers to convey certain real property to the Board of

Mississippi Levee Commissioners.

OPERATION AND MAINTENANCE, GENERAL

The conference agreement appropriates $1,874,803,000 for Operation and Maintenance, General instead of $1,864,464,000 as proposed by the House and $1,833,263,000 as proposed by the Senate.

The conference agreement includes $29,600,000 for the Mobile

Harbor, Alabama, project. The amount provided includes

$5,000,000 for the Corps of Engineers to remove, transport, dispose, and remediate sediments in the Arlington Channel and in the

Garrows Bend Channel in Mobile Harbor, Alabama, and in areas

adjacent to these Federal navigation channels. The conferees have

included language in the bill directing the Corps of Engineers to

proceed with this work.

The conference agreement includes $1,000,000 above the budget request for the St. Mary’s River, Michigan, project for additional

dredging of the lower St. Mary’s River.

The conferees have provided $9,911,000 for the Garrison Dam,

Lake Sakakawea, North Dakota, project, an increase of $800,000

over the budget request. The additional funds are provided for

maintenance and upgrading of recreational facilities and for mosquito control in Williston, North Dakota.

Of the amount provided for the Delaware River, Philadelphia

to the Sea, project, $2,000,000 is for the Corps of Engineers to continue construction of facilities to control erosion of the shoreline in

the vicinity of Pea Patch Island located in the Delaware River east

of Delaware City, Delaware.

The conferees direct the Corps of Engineers to use the funds

provided above the budget request for the Francis E. Walter Dam,

40

Pennsylvania, project to conduct a road relocation study at the

dam.

The amounts provided above the budget request for the Little

Goose Lock and Dam, Washington; The Dalles Lock and Dam, Oregon and Washington; Bonneville Lock and Dam, Oregon and

Washington; and John Day Lock and Dam, Oregon and Washington, projects are to fund new requirements implementing the

Federal Columbia River Power System biological opinion.

Pursuant to Public Law 105–104 and Public Law 105–105, the

States of Alabama, Florida, and Georgia have been engaged in negotiations since 1997 over the reallocation of water storage in Federal reservoirs operated by the Corps of Engineers in the Apalachicola-Chattahoochee-Flint and Alabama-Coosa-Tallaposa River Basins. The conferees understand that the States may be close to

reaching an agreement on new allocation formulas that will reallocate storage at the Federal reservoirs located on these river basins.

The conferees recognize that these projects were constructed pursuant to Acts of Congress which prescribed how the reservoirs shall

operate. The conferees therefore request that the Corps report to

the House and Senate Committees on Appropriations on how the

Corps will account for hydropower benefits lost as a result of the

new allocation formulas.

The conference agreement includes $5,000,000 for the transfer

of the Fox River project in Wisconsin to the State of Wisconsin. The

conferees are aware that additional funds will be required to complete the transfer, and urge the Corps of Engineers to reprogram

the necessary funds in fiscal year 2002. If the transfer cannot be

completed in fiscal year 2002, it is the intent of the conferees to

provide the additional funds in fiscal year 2003 for this effort.

The conferees are aware of the lead-time required to repair

and rehabilitate recreational facilities for the upcoming Lewis and

Clark Bicentennial Commemoration. Therefore, the Corps of Engineers may, within available funds, perform maintenance and repair

of these facilities as is considered necessary to accommodate the

anticipated visitor population.

The conference agreement includes language proposed by the

House directing the Corps of Engineers to perform cultural resource mitigation and recreation improvements at Waco Lake,

Texas. The language has been amended to delete the dollar

amount; however, the conference agreement includes $1,500,000 for

this project as proposed by the House.

The conferees have included language proposed by the House

which directs the Corps of Engineers to grade the basin within the

Hansen Dam feature of the Los Angeles County Drainage Area,

California, project to enhance and maintain flood control and provide for future use of the basin for compatible purposes consistent

with the Master Plan. The language has been amended to delete

the dollar amount; however, the conference agreement includes

$2,000,000 for this work as proposed by the House.

The conference agreement includes language proposed by the

House which directs the Corps of Engineers to investigate the development of an upland disposal site recycling program. The language has been amended so that the following projects are to be

included in this program: Black Warrior and Tombigbee Rivers;

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Alabama-Coosa Rivers; and Mobile River. The language has been

amended to delete the dollar amount; however, the conference

agreement includes $1,000,000 for the work as proposed by the

House.

The conference agreement includes language proposed by the

Senate which directs the Corps of Engineers to reimburse the State

of Delaware for operation and maintenance costs incurred by the

State for the SR1 Bridge over the Chesapeake and Delaware Canal.

The conferees have included language proposed by the Senate

directing the Corps of Engineers to remove and reinstall the docks

and causeway at Astoria East Boat Basin in Oregon. The language

has been amended to also direct the Corps of Engineers to continue

the breakwater repairs at the project. The language has also been

amended to delete the dollar amount; however, the conference

agreement includes $3,000,000 for this work.

The conferees have included language proposed by the Senate

directing the Corps of Engineers to dredge a channel from the

mouth of Wheeling Creek to Tunnel Green Park in Wheeling, West

Virginia. The language has been amended to delete the dollar

amount; however, the conference agreement includes $2,000,000 for

this project as proposed by the Senate.

The conference agreement includes language proposed by the

Senate which provides for the development of a long-term dredged

material management plan for the Apalachicola, Chattahoochee,

and Flint Rivers project. The language has been amended to provide that $4,900,000 shall be available for the dredged material

management plan and the $8,000,000 shall be available for operation and maintenance of the project. The conference agreement

deletes language proposed by the House regarding the Raritan

River Basin, Green Brook Sub-Basin, New Jersey, project. This language has been included under the Construction, General account.

The conference agreement deletes language proposed by the

Senate providing funds for a study of the best use of sand dredged

from Morehead City Harbor, North Carolina, and providing funds

for dredging of the Sagamore Creek Channel in New Hampshire.

Funds for these projects have been provided in the amount appropriated for Operation and Maintenance, General.

The conference agreement deletes language proposed by the

Senate providing funds for activities related to selection of a permanent disposal site for environmentally sound dredged material

from projects in the State of Rhode Island. Funds for this work are

included in the amount provided for the Providence River and Harbor project.

The conferees agree that centralized management of project

funds is efficient and is allowed under current guidelines for certain activities. These activities include but are not limited to the

program development system known as the Automated Budget System; the National Recreation Reservation System; the provision of

uniforms for those required to wear them; the Volunteer Clearinghouse; the Water Safety Program; the transition from governmentowned/contractor-operated to private ownership and operation of

the SHOALS system; and the Sign Standards Program. The conferees direct the Corps of Engineers to disclose the costs of these

activities in its budget justifications.

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FLOOD CONTROL AND COASTAL EMERGENCIES

(RESCISSION)

The conferees have agreed to rescind $25,000,000 of the

$50,000,000 appropriated in Public Law 107–20 for Flood Control

and Coastal Emergencies. Corps of Engineers requirements under

this program have been less than anticipated.

REGULATORY PROGRAM

The conference agreement appropriates $127,000,000 for the

Regulatory Program instead of $128,000,000 as proposed by the

House and the Senate.

FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

The conference agreement appropriates $140,000,000 for the

Formerly Utilized Sites Remedial Action Program as proposed by

the House and the Senate.

REVOLVING FUND

The conferees have learned that the Corps of Engineers is considering a proposal to finance a major new software development

from the assets of the Revolving Fund. This Fund was established

in 1953 to acquire plant and equipment that would be utilized by

more than one project. The conferees have noted that in recent

years the Fund has been used to acquire and develop automation

systems and have from time to time expressed concern with this

use of the Fund. Before the conferees will concur in further use of

the Fund in this manner, the Corps is directed to present appropriate justification to the House and Senate Appropriations Subcommittees on Energy and Water Development. This justification

must include an appropriate and complete economic analysis.

GENERAL EXPENSES

The conference agreement appropriates $153,000,000 for General Expenses as proposed by the House and the Senate. The conference agreement includes language proposed by the House which

prohibits the use of funds to support a congressional affairs office

within the executive office of the Chief of Engineers.

GENERAL PROVISIONS

CORPS OF ENGINEERS—CIVIL

Section 101. The conference agreement includes language proposed by the House directing the Secretary of the Army to transfer

property at Tuttle Creek Lake, Kansas, to the Blue Township Fire

District, Blue Township, Kansas.

Section 102. The conference agreement includes language proposed by the House which directs the Secretary of the Army to

carry out shore protection projects in accordance with the cost

sharing provisions contained in existing project cooperation agreements with an amendment to include the text of section 111 of the

Senate bill which provides that the Secretary of the Army may not

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accept or solicit non-Federal contributions for shore protection

projects in excess of the minimum requirements established by law.

Section 103. The conference agreement includes language proposed by the Senate which places a limit on credits and reimbursements allowable per project and annually.

Section 104. The conference agreement includes language proposed by the Senate which directs that none of the funds made

available in fiscal year 2002 may used to carry out any activity related to closure or removal of the St. Georges Bridge across the Intracoastal Waterway, Delaware River to Chesapeake Bay.

Section 105. The conference agreement includes language proposed by the Senate which provides that the non-Federal sponsor

for the Lava Hot Springs Restoration project in Idaho shall receive

credit for lands, easements, relocations, rights-of-way, and disposal

areas acquired before execution of the project cooperation agreement.

Section 106. The conference agreement includes language proposed by the Senate amending the authorization for the Guadalupe

River, California, project.

Section 107. The conference agreement includes language proposed by the Senate regarding a designation of nonnavigability for

portions of Gloucester County, New Jersey.

Section 108. The conference agreement includes language proposed by the Senate making technical corrections to the authorization for the Nome Harbor, Alaska, project.

Section 109. The conference agreement includes language proposed by the Senate which amends section 211 of the Water Resources Development Act of 2000. The language has been amended

to make a technical correction.

Section 110. The conference agreement includes language proposed by the Senate which extends the authorization for appropriations for the Missouri and Middle Mississippi Rivers Enhancement

Project by one year.

Section 111. The conference agreement amends language proposed by the Senate regarding the correction of a design deficiency

for the Fort Fairfield, Maine, project.

Section 112. The conference agreement includes language proposed by the Senate directing the Secretary of the Army to reassess

the allocation of Federal and non-Federal costs for construction of

the Cerrillos Dam project in Puerto Rico.

Section 113. The conference agreement includes language proposed by the Senate amending the cost sharing provisions of section 704 of the Water Resources Development Act of 1986.

Section 114. The conference agreement includes language

amending the authorization for the Ramapo River at Oakland, New

Jersey, project.

Section 115. The conference agreement includes language proposed by the House regarding the use of the dredge McFARLAND.

The provision has been amended by deleting the reference to placing the dredge in the active ready reserve. The conferees agree that

this limitation on the use of the McFARLAND should not be considered a precedent for any other Corps of Engineers dredge, especially any dredge operating in the ports and harbors of the Northwest, where fewer commercial dredges are available and travel

44

times to move dredges to that part of country are longer than on

the east and gulf coasts. The conferees direct the General Accounting Office to conduct an economic and technical study to evaluate

the benefits and impacts of the minimum dredge fleet. The study

shall include an assessment on the capability and capacity of the

private dredging industry to effectively respond to and accomplish

the unique work the dredge McFARLAND has historically performed, with the viewpoints of all stakeholders included. The conferees expect the study to be completed within 180 days and the

results transmitted to the authorization and appropriations committees.

Section 116. The conference agreement includes language proposed by the Senate regarding revisions to the Missouri River Master Water Control Manual.

Provisions not included in the conference agreement.—The conference agreement does not include language proposed by the

House regarding the San Gabriel Basin Restoration Project in California. This matter has been addressed in Title II.

The conference agreement does not include language proposed

by the House regarding revisions to the Missouri River Master

Water Control Manual.

The conference agreement deletes language proposed by the

Senate regarding funding for the Demonstration Erosion Control

project in Mississippi, and the Perry Lake, Kansas, project. Funding for those projects is included in the amounts appropriated for

Flood Control, Mississippi River and Tributaries, and Operation

and Maintenance, General, respectively.

The conference agreement deletes language proposed by the

Senate regarding the Mad Creek flood control project, which has

been funded within the amount provided for the section 205 program under Construction, General.

The conference agreement deletes language proposed by the

Senate regarding dredging of the McClellan-Kerr Arkansas River

Navigation Project. The conferees agree that the Corps of Engineers should undertake advance maintenance of the project when

appropriate to facilitate the movement of commercial navigation

traffic.

The conference agreement deletes language proposed by the

Senate regarding the Raritan River Basin, Green Brook Sub-Basin,

New Jersey, project. This matter has been addressed under Construction, General.

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TITLE II

DEPARTMENT OF THE INTERIOR

CENTRAL UTAH PROJECT

CENTRAL UTAH PROJECT COMPLETION ACCOUNT

The conference agreement appropriates $36,228,000 to carry

out the provisions of the Central Utah Project Completion Act as

proposed by the House and the Senate. The conferees are in agreement with the language in the Senate report regarding the Uinta

Basin Replacement Project.

BUREAU OF RECLAMATION

The summary tables at the end of this title set forth the conference agreement with respect to the individual appropriations,

programs, and activities of the Bureau of Reclamation. Additional

items of conference agreement are discussed below.

WATER AND RELATED RESOURCES

The conference agreement appropriates $762,531,000 for Water

and Related Resources instead of $691,160,000 as proposed by the

House and $732,496,000 as proposed by the Senate.

The amount provided for the American River Division of the

Central Valley Project includes $3,500,000 for the Bureau of Reclamation to reimburse the City of Folsom, California, for costs associated with the replacement of the Natoma Pipeline System, which

is owned and operated by the Bureau of Reclamation and is the

single water supply source for the City.

The amount provided for the East Side Division of the Central

Valley Project includes $1,000,000 for water and sewer system upgrades and a visitor capacity study at New Melones Lake.

The amount provided for Miscellaneous Project Programs of

the Central Valley Project includes an additional $1,000,000 for the

Banta-Carbona Irrigation District’s fish screen project.

The amount provided for the Sacramento River Division of the

Central Valley Project includes $2,600,000 for the Glenn-Colusa Irrigation District Fish Screen Improvement Project; $750,000 for detailed, site-specific environmental assessment and permitting work

associated with Sites Reservoir, including an evaluation of both the

GCID Main Canal and the Tehama-Colusa Canal as a means to

convey water to the proposed reservoir; and $300,000 for the

Colusa Basin Drainage District’s Integrated Resources Management Plan.

The conference agreement provides $2,500,000 for the Lake

Tahoe Regional Wetlands Development program. In addition to the

individual projects referenced in the House and Senate reports, the

conferees agree that the funds may be used for projects throughout

the Lake Tahoe basin in California and Nevada.

The conferees have provided an additional $11,200,000 for the

Middle Rio Grande, New Mexico, project for the Bureau of Reclamation to continue the efforts of the Middle Rio Grande Collaborative Program Workgroup and its support activities to water users

93

and species along the Middle Rio Grande. These efforts are intended to promote long and short term activities, with priority

given to fulfillment of biological opinion requirements, to benefit

species and water users pursuant to a Memorandum of Understanding signed by the relevant agencies and interested parties.

The additional funds provided are for the following activities:

$4,300,000 for modifications to river habitat; $2,180,000 for silvery

minnow population management; $1,100,000 for monitoring of

stream effects on the silvery minnow; $120,000 to combat non-native species; $640,000 for the Bureau of Reclamation’s repayment obligations; $950,000 for water quality studies and improvements;

$1,900,000 for the Bureau of Reclamation’s purchase of water; and

for associated program management. The conferees direct the Bureau of Reclamation to consult with the U.S. Fish and Wildlife

Service on the silvery minnow monitoring and habitat efforts. In

addition, the Bureau of Reclamation is directed to collaborate with

universities in geographical proximity to the silvery minnow and

possessing established experience and expertise in working with

the silvery minnow.

The Colorado River Quantification Settlement Agreement is

critically important to the long-term reliability of water supplies in

Southern California and the entire Southwest. The conferees urge

the Secretary of the Interior and parties to the Agreement to make

every effort to bring about its timely and cost-effective implementation, including identifying the administrative and legislative actions necessary to meet the applicable deadlines. The conferees have provided $15,000,000 for the Klamath Project in Oregon. Of that amount, $5,000,000 is to continue construction of the A-Canal.

The conference agreement includes $2,582,000 for the Drought Emergency Assistance program. Within that amount, $2,000,000 is

for the Bureau of Reclamation to establish a Weather Damage

Modification Program, including a regional weather modification

research program involving the states of Oklahoma, Texas, Kansas,

New Mexico, and Nevada. In addition, funds may be made available for leasing of water for specific 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 provided that the 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 purchase is made.

Within the amount provided for the Wetlands Development

Program, $500,000 is for the Bureau of Reclamation to undertake

a project to restore natural vegetation along the lower Colorado

River in the vicinity of Yuma, Arizona.

The conference agreement includes language which provides

that $12,000,000 of the funds appropriated for Water and Related

Resources shall be deposited in the San Gabriel Basin, California,

Restoration Fund, of which $1,000,000 shall be for remediation in

the Central Basin Municipal Water District.

The conference agreement includes language proposed by the

Senate providing $1,500,000 to complete a feasibility study for the

Sante Fe-Pojoaque Regional Water System in New Mexico.

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The conference agreement deletes language proposed by the

Senate making $4,000,000 available for the West River/Lyman

Jones Rural Water System to provide rural, municipal, and industrial drinking water for Philip, South Dakota. Funds for this work

have been provided within the amount available for the Mni Wiconi

project.

The conference agreement deletes language proposed by the

Senate regarding financial assistance for the preparation of

drought contingency plans.

The conference agreement deletes language proposed by the

Senate providing funds for the Hopi/Western Navajo Water Development Plan in Arizona, and the Savage Rapids Dam on the Rogue

River in Oregon. Funds for these projects have been included within the amount appropriated for Water and Related Resources.

BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

The conference agreement appropriates $7,495,000 for the Bureau of Reclamation Loan Program Account as proposed by the

House and the Senate.

CENTRAL VALLEY PROJECT RESTORATION FUND

The conference agreement appropriates $55,039,000 for the

Central Valley Project Restoration Fund as proposed by the House

and the Senate.

Within the amount appropriated for the Central Valley Project

Restoration Fund, the conferees expect the Bureau of Reclamation

to use $9,000,000 for the Anadromous Fish Screen Program, including work on the American Basin Fish Screen and Habitat Improvement Project (Natomas Municipal Water Company) as well as the

fish screen projects being undertaken by the Sutter Mutual Water

Company and Reclamation District 108.

CALIFORNIA BAY-DELTA ECOSYSTEM RESTORATION

The conference agreement includes no funds for the California

Bay-Delta Ecosystem Restoration program as proposed by the

House and the Senate.

The conferees have provided an additional $30,000,000 within

the various units of the Central Valley Project under the Water

and Related Resources account for activities that support the goals

of the California Bay-Delta Ecosystem Restoration Program, instead of $40,000,000 as proposed by the Senate. The conferees are

aware that legislation to authorize this multi-year, multi-billion

dollar program has been introduced in the House and the Senate,

but has yet to be enacted. Absent such an authorization, it will be

difficult for the Congress to continue its support for this program.

Therefore, the conferees strongly urge the parties involved to work

to enact an authorization for the program so additional funding can

be considered in the fiscal year 2003 appropriations cycle. The additional funds provided in support of the program are to be used

as follows:

Delta Division: $7,500,000 for oversight activities; $1,000,000

for planning activities associated with enlarging Los Vaqueros Reservoir; $200,000 for the DMC Intertie with the California AqueVerDate 11-MAY-2000 21:56 Oct 31, 2001 Jkt 075839 PO 00000 Frm 00094 Fmt 6602 Sfmt 6601 E:\HR\OC\HR258.XXX pfrm04 PsN: HR258
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duct; $150,000 to evaluate operations alternatives for the Delta

Cross Channel Reoperation; and $3,000,000 to construct the Tracy

Test Fish Facility.

Friant Division: $2,500,000 to continue developing a plan of

study for an investigation of storage in the Upper San Joaquin Watershed.

Miscellaneous Project Programs: $12,500,000 for the Environmental Water Account; $200,000 for water use efficiency pilot studies; and $200,000 to conduct a NEPA analysis and operate the

clearinghouse for the water transfer program.

Sacramento River Division: $750,000 to continue planning activities related to Sites Reservoir.

San Felipe Division: $100,000 to provide technical assistance to

the Santa Clara Valley Water District in conducting operational

appraisal studies.

Shasta Division: $1,900,000 to continue evaluating the potential impacts of the proposed Shasta Dam raise.

POLICY AND ADMINISTRATION

The conference agreement appropriates $52,968,000 for Policy

and Administration as proposed by the House and the Senate.

GENERAL PROVISIONS

DEPARTMENT OF THE INTERIOR

Section 201. The conference agreement includes language authorizing the Bureau of Reclamation to continue its program of providing grants to institutions of higher learning to support the training of Native Americans to manage natural resources.

Section 202. The conference agreement includes language

amending the authorization for the San Gabriel Basin Restoration

project.

Section 203. The conference agreement includes language proposed by the Senate regarding refunds of fees assessed for failure

to file certain certification or reporting forms under the Reclamation Reform Act.

Section 204. The conference agreement includes language proposed by the Senate regarding the Lower Colorado River Basin Development Fund.

Section 205. The conference agreement includes language proposed by the House under Title V, General Provisions regarding

the San Luis Unit and the Kesterson Reservoir in California. The

Senate had proposed similar language under General Provisions,

Department of the Interior.

Section 206. The conference agreement includes language proposed by the Senate regarding the valve rehabilitation project at

the Arrowrock Dam on the Arrowrock Division of the Boise project

in Idaho.

Section 207. The conference agreement includes language proposed by the Senate establishing requirements for the purchase or

lease of water from the Middle Rio Grande or Carlsbad projects in

New Mexico.

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Section 208. The conference agreement includes language proposed by the House regarding the issuance of permits for commercial rafting within the Auburn State Recreation Area, California.

Section 209. The conference agreement amends House language regarding the makeup of water shortages caused by the operation of Folsom Dam and Reservoir in California for flood control.

Provisions not included in the conference agreement.—The conference agreement does not include language proposed by the Senate regarding the use of funds provided for Drought Emergency Assistance.

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TITLE III

DEPARTMENT OF ENERGY

The summary tables at the end of this title set forth the conference agreement with respect to the individual appropriations,

programs, and activities of the Department of Energy. Additional

items of conference agreement are discussed below.

PROJECT MANAGEMENT

The conferees strongly support efforts of the Office of Engineering and Construction Management (OECM) to improve the Department’s construction and project management. The Department has

announced plans to merge the Office of the Chief Financial Officer

(the current location of OECM) with the Office of Management and

Administration to form a new Office of Management, Budget and

Evaluation. The Committees on Appropriations have been assured

that this change will broaden the duties, scope, responsibilities,

and authorities of OECM. The conferees understand that the Department intends to enable OECM to more effectively bring needed

culture changes to its project management community.

Congress supported creation of OECM as a final attempt to

correct the Department’s weaknesses in project management. The

conferees expect OECM to be fully funded to support enhanced systems development and deployment, training, process improvements, and accountability. The conferees acknowledge that the expanded mission of this office encompasses project closure, facilities,

and infrastructure management activities and urge the Secretary

to give priority to retaining within the Department the technical

skills needed for federal project and real property management.

The conferees recommend that, at each site, the Secretary designate a management office to coordinate project and real property

management improvements with this headquarters office.

The conferees also expect the National Research Council to

continue to monitor the Department’s efforts in project management.

FACILITIES AND INFRASTRUCTURE

The conferees have provided funding in several programs for

facilities and infrastructure improvement projects to allow the Department to begin to correct its worst deferred maintenance deficiencies and eliminate excess facilities. The conferees make this initial investment in critical infrastructure so the Department can

begin to institute life-cycle asset management improvement processes throughout its complex and expect that at least 25 percent

of the funds provided will be spent to eliminate excess facilities.

The conferees direct each site (not slated for closure) to prepare a ten-year site plan prescribing space utilization activities

that stabilize, then reduce its baseline for maintenance costs by: (1)

consolidating operations where practicable; (2) eliminating excess

buildings; (3) employing cost efficiencies; and (4) addressing mission-critical requirements through an appropriate mix of renovations and new construction.

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Beginning in fiscal year 2003, to ensure sustained improvement in project and real property management, the conferees direct

the Department to present an integrated facilities and infrastructure budget request. This budget should identify program maintenance projects for buildings and facilities by site. To the extent that

indirect funding supports maintenance, the budget should also report, by site, expenditures in the previous year and estimate the

percentage to be applied in fiscal year 2003. The conferees expect

the Department to retain up-to-date corporate-level management

information on the condition of its buildings and facilities and annual expenditures on maintenance for its complex.

For new construction projects requested in fiscal year 2003, the

conferees expect the budget to show the square footage of each new

project, and request funding for elimination by transfer, sale, or

demolition of excess buildings and facilities of equivalent size. This

excess reduction to new construction formula does not apply to environmental management closure sites. The conferees expect the

fiscal year 2003 budget to contain funds to eliminate excess facilities based on the greatest impact on long-term costs and risks. The

Department should apply this requirement to each site. Only if

deemed impracticable due to critical mission requirements, through

a case-by-case waiver approved by the Secretary through the Chief

Financial Officer, should the requirement be met through the reduction of excess facilities at another site. The Department will collect information from all sites on the square footage of excess property sold, transferred, or demolished each year and submit a report

45 days after the President’s budget is presented to Congress.

The conferees expect the Chief Financial Officer to issue such

directives as are necessary to ensure that: each site prepares a tenyear site plan; annual property reports reflect accurately the Department’s entire real property inventory, including the current

status of maintenance and disposition of excess property at each

site; program budgets request funding for elimination of excess facilities by square footage proportional to new facilities requested;

and project and real property offices in the field adhere to corporate guidelines for managing new projects, closeouts, and maintenance of all facilities.

DEPARTMENT OF ENERGY STAFFING

The conferees share the concerns raised by the House that the

new National Nuclear Security Administration (NNSA) structure

may have had the unintended consequence of unnecessarily increasing the Department’s overall personnel costs, particularly at

the headquarters, from a Department-wide perspective. The conferees further agree that the Secretary of Energy should submit a

report to the Appropriations and Armed Services Committees of

Congress concerning staffing increases arising from the creation of

NNSA, as the House intended, as well as the ‘‘before and after’’

staffing levels of each office and activity affected by the reorganization. However, the report should also address the broader administrative support staffing concerns below and potential staffing reductions to NNSA or other DOE offices if administrative support

functions could be staffed more efficiently. The Secretary shall submit the report by January 31, 2002.

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With the new NNSA organization now in place, this affords a

good opportunity for the Secretary of Energy and the Congress to

take a fresh look at the management, effectiveness, and cost-effectiveness of the Department of Energy’s administrative support

functions at both the headquarters and field levels. Support functions include personnel, finance, contracting, facilities management, vehicle management, logistics, information management,

public affairs, and congressional affairs.

The conferees note that other organizations in the Department

of Energy, such as the Inspector General and Naval Reactors, independently perform some of their own administrative support functions such as congressional affairs. The Inspector General of the

Department of Energy has interpreted its charter under the Inspector Generals Act, particularly in regards to its perceived need to

conduct its own congressional affairs, differently than any of the

military services which, for example, use ‘‘corporate’’ congressional

affairs offices to interface between the Congress and all sub-elements of headquarters organizations including agency inspector

generals.

Fragmentation of administrative support functions may also

dilute the ability of the Secretary of Energy to manage the Department to meet Departmental strategic goals such as improved financial and contract management. To the extent that the Department

invests in unnecessary administrative support costs in a fixed or

limited growth budget environment, resources are diverted from

higher-priority mission areas.

In submitting the plan on the staffing effects of the NNSA legislation and subsequent implementation, the conferees encourage

the Secretary to focus on ensuring that the Department of Energy

has the optimal administrative support structure to maximize mission effectiveness and minimize administrative support costs. As

stated in the House report, the conferees encourage the Secretary

to submit legislative proposals where appropriate to meet this objective.

ALTERNATIVE FINANCING APPROACHES

The Secretary of Energy is directed to conduct a study of alternative financing approaches, to include third-party-type methods,

for infrastructure and facility construction projects across the Department. This study is due to the House and Senate Committees

on Appropriations by March 30, 2002.

EXTERNAL REGULATION

The Department is directed to prepare an implementation plan

for the transition to external regulation at the Department’s nondefense science laboratories. For the purpose of preparing this

plan, the Department should assume that the Nuclear Regulatory

Commission (NRC) would take over regulatory responsibility for

nuclear safety at the Department’s non-defense science laboratories, and the Occupational Safety and Health Administration

(OSHA) would take over regulatory responsibility for worker safety

at these laboratories. The conferees expect the Department to coordinate with NRC and OSHA, and to build upon the previous external regulation pilot programs, in developing this plan. For planVerDate 11-MAY-2000 21:56 Oct 31, 2001 Jkt 075839 PO 00000 Frm 00109 Fmt 6602 Sfmt 6601 E:\HR\OC\HR258.XXX pfrm04 PsN: HR258
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ning purposes, external regulation would apply to the five multiprogram and five single-purpose laboratories under the Office of

Science, and the Department should assume external regulation to

become effective beginning in fiscal year 2004. The implementation

plan for external regulation is not to address nuclear weapons facilities, environmental remediation sites, or other Department laboratories, facilities, and sites. The implementation plan should address all details necessary to implement external regulation, including an estimate of the additional resources needed by the NRC

and OSHA, corresponding reductions in funding and staffing at the

Department, specific facilities or classes of facilities for which external regulation cannot be implemented in a timely manner, necessary changes to existing management and operating contracts,

and changes in statutory language necessary to effect the transition to external regulation. This plan is due to the House and Senate Committees on Appropriations by May 31, 2002. Note that this

provision only requires the Department to produce an implementation plan for external regulation for a limited set of DOE facilities;

the actual transition to external regulation for those facilities will

require additional legislative direction.

REPROGRAMMINGS

The conference agreement does not provide the Department of

Energy with any internal reprogramming flexibility in fiscal year

2002 unless specifically identified by the House, Senate, or conference agreement. Any reallocation of new or prior year budget authority or prior year deobligations must be submitted to the House

and Senate Committees on Appropriations in advance, in writing,

and may not be implemented prior to approval by the Committees.

LABORATORY DIRECTED RESEARCH AND DEVELOPMENT

The conference agreement does not include bill language proposed by either the House or the Senate regarding the Laboratory

Directed Research and Development (LDRD) program. The conferees recognize the benefits of LDRD and expect LDRD activities

to continue at previously authorized levels. However, when accepting funds from another federal agency that will be used for LDRD

activities, the Department of Energy shall notify that agency in

writing how much will be used for LDRD activities. In addition, the

conferees direct the Secretary of Energy to include in the annual

report to Congress on all LDRD activities an affirmation that all

LDRD activities derived from funds of other agencies have been

conducted in a manner that supports science and technology development that benefits the programs of the sponsoring agencies and

is consistent with the Appropriations Acts that provided funds to

those agencies.

ADDITIONAL DEPARTMENT OF ENERGY REQUIREMENTS

The conferees agree with the House report language and support the reporting requirements for basic research for energy technologies, independent centers, augmenting Federal staff, budget

justification requirements, sale of land, and reprogramming guidelines.

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REDUCTIONS NECESSARY TO ACCOMMODATE SPECIFIC PROGRAM

DIRECTIONS

The Department is directed to provide a report to the House

and Senate Committees on Appropriations by January 15, 2002, on

the actual application of any general reductions of funding or use

of prior year balances contained in the conference agreement. In

general, such reductions should not be applied disproportionately

against any program, project, or activity. However, the conferees

are aware there may be instances where proportional reductions

would adversely impact critical programs and other allocations may

be necessary.

ENERGY SUPPLY

The conference agreement provides $666,726,000 for Energy Supply instead of $639,317,000 as proposed by the House and

$736,139,000 as proposed by the Senate. The conference agreement

does not include bill language proposed by the Senate earmarking

funds for certain purposes.

RENEWABLE ENERGY RESOURCES

The conference agreement provides $396,000,000 instead of $376,817,000 as proposed by the House and $435,600,000 as proposed by the Senate for renewable energy resources. The conference agreement does not include language specifying funding allocations as contained in the separate House and Senate reports.

Biomass/biofuels.—The conference agreement includes $93,000,000 for biomass/biofuels. The conferees have combined the

subprograms for power systems and transportation into a single

program for biomass/biofuels and no longer provide separate allocations for power systems and transportation. The conference agreement includes $2,500,000 to support a

cost-shared Agricultural Waste Methane Power Generation Facility

in California; $2,000,000 to support a cost-shared agricultural

mixed waste biorefinery in Alabama using the thermal

depolymerization technology; $1,500,000 to support the Black Belt

Bioenergy Demonstration Project in Alabama; $1,000,000 for microcombustion research at Oak Ridge National Laboratory in collaboration with the technology’s inventor; $2,000,000 for the Biorenewable Resource Consortium; $3,000,000 for the Iroquois Bio-Energy

Cooperative project in Indiana; $3,000,000 for the Gridley Rice

Straw project in California; and $1,000,000 for the switchgrass

project of the Great Plains Institute for Sustainable Development

in Minnesota.

The conference agreement includes $4,000,000 for the Iowa

switchgrass project; $1,000,000 for the Consortium for Plant Biotechnology Research; $3,000,000 for the McNeil biomass plant in

Burlington, Vermont, and $750,000 for the methane energy and agriculture development project in Tillamook Bay, Oregon. The conference agreement includes $1,000,000 for the continuation and expansion of the ongoing demonstration of the oxygenated diesel fuel

particulate matter emission reduction project in Clark County, Nevada, the cities of Riverside, Compton, Linwood, and Pasadena,

California, and Ventura County, California; $2,000,000 for the

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Michigan Biotechnology Initiative; $3,000,000 for the Prime LLC of

South Dakota integrated ethanol complex, including an ethanol

unit, waste treatment system, and enclosed cattle feed lot;

$300,000 for the Biomass Energy Resource Center project in

Vermont; $2,000,000 to continue the Sealaska ethanol project (subject to a non-Federal match) at the fiscal year 2001 level;

$3,000,000 for the Biomass Gasification Research Center in Birmingham, Alabama; and $3,000,000 for the Winona, Mississippi,

biomass project, where the current investment in the plant shall

count as the required demonstration project cost share. The conferees direct the Department to continue funding for the Energy

and Environment Research Center at last year’s level. The conferees encourage the Department to continue the integrated approach to bioenergy activities and recommend the use of up to

$18,000,000 within available funds for the Integrated Biomass Research and Development Program. The conferees urge the Department to form strong public-private-university partnerships in this

program.

Geothermal.—The conference agreement includes $29,000,000

for geothermal activities. The conference agreement includes sufficient funding to maintain university research on geothermal technologies at the fiscal year 2001 funding level of $2,600,000. The

conference agreement also includes $2,000,000 in final funding for

the Lake County Basin geothermal project in Lake County, California; $2,000,000 for the Santa Rosa geysers project in California;

$2,500,000 for Geopowering the West; and $1,000,000 for the UNR

Geothermal Energy Center demonstration project.

Hydrogen.—The conference agreement includes $31,000,000 for hydrogen activities. The conference agreement includes $1,000,000

for the Fuel Cell Technology Assessment and Demonstration at the

University of Alabama at Birmingham; $350,000 for the Big Sky

Economic Development Authority demonstration fuel cell technologies; $500,000 for the gasification of Iowa switchgrass and its

use in fuel cells; $1,500,000 for the ITM Syngas project; $1,500,000

for the fuel cell installation project at Gallatin County, Montana;

and $1,000,000 for continued demonstration of the hydrogen locomotive and front-end loader projects.

Hydropower.—The conference agreement includes $5,300,000

for hydropower. The conference agreement includes $400,000 to

plan a hydroelectric power generation facility at Gustavus, Alaska,

subject to a local match for construction; and $1,900,000 for the

completion of the Power Creek hydroelectric project in Alaska. No

additional funds will be made available for this project.

Solar Energy.—The conference agreement includes $95,000,000

for solar energy programs. The conferees have combined the concentrating solar power, photovoltaic energy systems, and solar

building technology subprograms into a single program for solar

energy. The conferees urge the Department to fund these subprograms in roughly the same proportions as they were funded in fiscal year 2001.

The conference agreement includes $8,700,000 for basic research/university programs on photovoltaics; $18,500,000 to continue the thin film partnership program; $3,000,000 for continuation of the Million Solar Roofs program; $2,000,000 for the SouthVerDate 11-MAY-2000 21:56 Oct 31, 2001 Jkt 075839 PO 00000 Frm 00112 Fmt 6602 Sfmt 6601 E:\HR\OC\HR258.XXX pfrm04 PsN: HR258
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east and Southwest photovoltaic experiment stations; and

$3,000,000 for the Navajo electrification project. The Department is

directed to continue with deployment of the 1.0 MW dish engine

and to continue activities associated with the 25kW dish system.

Additionally, the conferees direct the Department to develop and

scope out an initiative to fulfill the goal of having 1,000 MW of new

parabolic trough, power tower, and dish engine solar capacity supplying the southwestern United States by the year 2006. A report

on this initiative is due to the House and Senate Committees on

Appropriations by March 1, 2002. The conference agreement includes $4,000,000 for technical

analysis, technical assistance, and the harmonization of multi-program activities that address the resource opportunities and electric

power needs of the southwestern United States. The expertise of

the National Renewable Energy Laboratory (NREL) is to be made

available through a site office in Nevada. NREL will provide expertise through a virtual laboratory concept, serving as a portal for

electronic communications, information sharing, data warehousing,

and partnerships among universities, researchers, technology developers, and those interested in deployment.

Wind.—The conference agreement includes $41,000,000 for wind programs. The conferees have provided $500,000 for the remote location pilot project at the Toledo Harbor Lighthouse;

$1,000,000 for the Washington Electric Cooperative wind energy

generating facility in Vermont; $500,000 for the Turtle Mountain

Community College project in North Dakota; $1,000,000 for the

Kotzebue project in Alaska; $250,000 for a wind generation facility

to serve St. Paul and Unalaska, Alaska; and $500,000 for the small

wind program being developed by the Vermont Department of Public Service. The Wind Powering America initiative is to be continued at last year’s funding level.

Electric energy systems and storage.—The conference agree- ment includes $63,000,000 for electric energy systems and storage.

The conferees have combined the subprograms for high temperature superconducting research and development, energy storage

systems, and transmission reliability into a single program for electric energy systems and storage.

The conference agreement includes $4,000,000 to initiate field

testing of aluminum ceramic fiber composite conductors; $1,000,000

for the fuel cell powered home using the Smart Energy Management Control System in Alabama; $2,000,000 for the UADispatch

Outage Management System in Alabama; $3,000,000 for distributed generation demonstration projects in Indiana, focusing on the

problems of interconnection, grid impact, and remote dispatch;

$1,000,000 to initiate development of a bipolar nickel metal hydride

battery storage system; $2,000,000 for Glenallen power generation

upgrades, including extension of electricity to residents of Lake

Louise; $2,000,000 for the Kachemak Bay Power System to extend

and upgrade marine power cabling to provide power to the villages

of Seldovia, Nanwalek, and Port Graham, Alaska; $3,000,000 for

the Swan Lake-Lake Tyee electrical intertie pursuant to the Southeast Alaska intertie authorization enacted into law last year; and

$3,000,000 to complete the Prince of Wales Island electrical

intertie. The conferees note that $20,000,000 has been provided in

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State and local funds and this Federal amount represents the final

installment needed to complete the project. The conference agreement also includes $3,000,000, within available funds, for NREL

for research, development, and demonstration of advanced thermal

energy storage technology integrated with renewable thermal energy technology. The conferees provide $500,000 to support the

joint effort between New Mexico Tech and the Natural Energy Laboratory of Hawaii to integrate, demonstrate, and deploy distributed

energy systems.

The conference agreement also includes the budget request for

the proposed work between industrial consortia and national laboratories to develop high-performance, low-cost, second-generation,

high temperature super-conducting wire.

Renewable Support and Implementation.—The conference

agreement includes $14,500,000 for renewable support and implementation programs.

The conference agreement provides $1,500,000 for departmental energy management.

The conference agreement includes $3,000,000 for the international renewable energy program. Of this amount, $1,000,000 is

to be provided to International Utility Efficiency Partnerships, Inc.,

for continuation of joint implementation project development. The

conferees expect the Department to work with the Department of

Commerce, the U.S. Agency for International Development, and

other relevant agencies, to complete, and begin implementation of,

a five-year strategic plan to open and expand export markets for

U.S. clean energy technologies. The conferees urge the Administration to include adequate funding for this initiative in its Fiscal

Year 2003 budget submission.

The conference agreement includes $4,000,000 for the renewable energy production incentive program.

The conference agreement includes $3,000,000 for renewable

Indian energy resources. The conferees expect these funds to be administered as competitively awarded grants to federally-recognized

tribes throughout the United States.

The conference agreement includes $3,000,000 for renewable

program support, of which $1,500,000 is to support the National

Alliance for Clean Energy Incubators.

National Renewable Energy Laboratory.—The conference

agreement includes $5,000,000 for the National Renewable Energy

Laboratory (NREL), the same as the budget request.

Program direction.—The conference agreement includes

$19,200,000 for program direction, the same as the budget request.

NUCLEAR ENERGY

The conference agreement provides $250,456,000 for nuclear

energy activities instead of $224,130,000 as proposed by the House

and $264,069,000 as proposed by the Senate. The conference agreement does not include language specifying funding allocations as

contained in the separate House and Senate reports. Within the

funds available, the conferees include $400,000 for the Secretary to

contract with the nation’s sole remaining uranium converter for the

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vironmental and economic performance of U.S. uranium conversion

operations.

Advanced radioisotope power systems.—The conference agree- ment includes $29,000,000 to maintain the infrastructure necessary

to support future national security needs and National Aeronautics

and Space Administration missions.

Isotope support.—The conference agreement includes a total program level of $26,177,000 for the isotope program. This amount

is reduced by offsetting collections of $9,000,000 to be received in

fiscal year 2002, resulting in a net appropriation of $17,177,000.

The conference agreement includes $2,494,000 for the Isotope Production Facility at the Los Alamos National Laboratory.

The conferees encourage the Department to continue to explore

the concept of extracting medically valuable isotopes from the excess uranium 233 stored in Building 3019 at the Oak Ridge National Laboratory, Tennessee. Within available funds, the Department is urged to proceed with a Request for Proposals (RFP) for

this project after submission to the House and Senate Committees

on Appropriations of a budget-quality project plan which presents

all costs, including the estimated life-cycle costs for storage and

disposal of the excess uranium 233, and is crafted in a manner that

would not increase the total costs for decontamination and decommissioning of Building 3019. The Department is reminded to consider the end use of the U233-derived material for clinical trials

when preparing the RFP and evaluating proposals for this project,

and may require the contractor to be capable of meeting the Good

Manufacturing Practice requirements of the Food and Drug Administration with respect to the production of actinium 225.

University reactor fuel assistance and support.—The conference

agreement includes $17,500,000, $5,526,000 more than the budget

request. The conferees direct the Department to use the additional

resources to begin implementing the recommendations contained in

the April 2001 Final Report of the University Research Reactor

Task Force of the Nuclear Energy Research Advisory Committee

(NERAC), specifically, to establish geographically distributed regional university research reactor user facilities and geographically

distributed training and education reactor facilities. The Department is expected to use a peer-reviewed process in selecting which

facilities will receive Department support, and to involve fully the

nuclear engineering and nuclear medicine communities in this

process. The Department is directed to report to the House and

Senate Committees on Appropriations by May 31, 2002, on its plan

to implement the NERAC Task Force recommendations. The program should also include substantial financial support from the nuclear industry.

Research and development.—The conference agreement provides $51,000,000 for nuclear energy research and development activities.

The conference agreement includes $7,000,000, $2,500,000

more than the budget request, for nuclear energy plant optimization. The conferees direct the Department to ensure that projects

are funded jointly with non-Federal partners and that the total

non-Federal contributions are equal to or in excess of total Department contributions to projects funded in this program.

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The conferees have provided $32,000,000 for the Nuclear Energy Research Initiative (NERI). The conference agreement includes a total of $12,000,000 for nuclear energy technologies, an increase of $7,500,000 over the

budget request. The conference agreement includes $4,000,000 for

completion of the Generation IV Technology Roadmap; and

$3,000,000 for advanced reactor development consistent with the

longer term recommendations of the Generation IV Technology

Roadmap and to continue research begun in the current fiscal year

on small, modular nuclear reactors. The conferees encourage the

Department to implement the recommendations of the Nuclear Energy Research Advisory Committee’s Near-Term Deployment Group

to support industry applications to the Nuclear Regulatory Commission (NRC) for Early Site Permits, Combined Operating Licenses, and Design Certifications. The conference agreement provides $3,000,000 to share with industry the cost of these new NRC

licensing processes. The conference agreement also provides

$2,000,000 for fuel testing, code verification and validation, and

materials testing at national laboratories in support of license applications for new reactor designs.

Infrastructure.—The conference agreement provides a total of

$82,529,000. The conference agreement provides $35,357,000 for

ANL-West Operations, which includes $2,000,000 for the advanced

test reactor research and development upgrade initiative. The conference agreement also provides $8,733,000 for Test Reactor Area

landlord activities. Funds provided by the Senate to initiate conceptual design for a remote-handled transuranic waste facility at ANLWest have been transferred to the environmental management program.

The conference agreement provides the budget request of

$38,439,000 for the Fast Flux Test Facility (FFTF). No funds may

be obligated for any purpose other than deactivation at FFTF until

90 days after receipt of the Secretary’s recommendations for alternative actions at FFTF and the approval of those recommended alternative actions by the House and Senate Committee on Appropriations.

Nuclear facilities management.—The conference agreement provides $30,250,000 as proposed by the House. This amount includes $4,200,000 for the EBR–II shutdown, $16,200,000 for the

disposition of spent nuclear fuel and legacy materials, and

$9,850,000 for disposition technology activities.

Program direction.—The conference agreement includes $23,000,000 for program direction, a reduction of $2,062,000 from

the budget request.

ENVIRONMENT, SAFETY AND HEALTH

The conference agreement includes $30,500,000 for non-defense

environment, safety and health activities, which includes

$19,527,000 for program direction. When combined with

$117,688,000 provided for defense environment, safety and health

activities, the conference agreement makes a total of $148,188,000

available for environment, safety and health activities, a reduction

of $1,912,000 from the total budget request for these activities.

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partment’s environment, safety, and health responsibilities, nor in

the conferees’ expectation that the Department will fulfill those responsibilities in a thorough and professional manner. However, the

conferees do expect the Department to take steps to reduce its current headquarters staffing levels and reduce its reliance on support

contractors to execute its responsibilities. The conference agreement includes $600,000 to be transferred to the Occupational Safety and Health Administration for worker health and safety at those

sites transferred to non-Federal entities and for the Department’s

non-nuclear facilities not covered under the Atomic Energy Act.

TECHNICAL INFORMATION MANAGEMENT PROGRAM

The conference agreement provides $7,770,000, including

$1,400,000 for the Technical Information Management program

and $6,370,000 for program direction.

FUNDING ADJUSTMENTS

The conference agreement includes a general reduction of

$18,000,000.

NON-DEFENSE ENVIRONMENTAL MANAGEMENT

The conference agreement provides $236,372,000 for Non-Defense Environmental Management instead of $227,872,000 as proposed by the House and $228,553,000 as proposed by the Senate.

The conference agreement includes $43,000,000 for site closure

and $64,119,000 for site/project completion activities, the same as

the budget request. The conferees encourage the Department to accelerate cleanup along the Columbia River in Hanford’s 300 Area.

Post 2006 completion.—The conference agreement includes

$125,753,000 for Post 2006 completion activities, an increase of

$5,700,000 over the budget request. Additional funding of

$3,700,000 is provided to maintain the cleanup activities at the Energy Technology Engineering Center in California. The conference

agreement includes $2,000,000 for stabilization activities at the

Atlas uranium mill tailings site in Utah as proposed by the House.

West Valley.—The conference agreement provides a total of

$90,000,000 for the West Valley Demonstration Site in New York.

However, the conferees remain concerned about the lack of agreement between the Department and the State of New York regarding the scope of Federal cleanup activities at the site and the respective Federal and State cost shares for those activities. While

the recent resumption of negotiations is encouraging, the lack of

agreement remains, as the General Accounting Office noted, the

most significant impediment to completing cleanup of this site.

The conference agreement provides $90,000,000 for cleanup activities at the West Valley Demonstration Project in fiscal year

2002. Funding in subsequent fiscal years shall be reduced to the

minimum necessary to maintain the project in a safe and stable

condition, unless, not later than September 30, 2002, the Secretary:

provides written notification to the House and Senate Committees

on Appropriations that an agreement has been reached with the

State of New York defining the final scope of Federal cleanup activities at the West Valley site and the respective Federal and

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State cost shares for those cleanup activities; submits that proposed agreement to the House and Senate Committees on Appropriations; and provides a written certification that the Federal activities proposed in that agreement will be in full compliance with

all relevant Federal statutes, including the West Valley Demonstration Project Act of 1980 and the Nuclear Waste Policy Act of

1982, as amended, and are in the best interest of the Federal government. The Committees do not require the Secretary to submit

a fully executed final agreement, but rather a draft agreement sufficiently complete to demonstrate that all principal issues in dispute have been resolved.

Excess facilities.—The conference agreement provides

$3,500,000, an increase of $2,119,000 over the budget request, for

excess facilities to begin actual decontamination and decommissioning of excess facilities owned by the environmental management program.

URANIUM FACILITIES MAINTENANCE AND REMEDIATION

The conference agreement provides $418,425,000 for uranium

activities instead of $393,425,000 as proposed by the House and

$408,725,000 as proposed by the Senate.

Uranium Enrichment Decontamination and Decommissioning

Fund.—The conference agreement includes $299,641,000 for the

uranium enrichment decontamination and decommissioning (D&D)

fund. Additional funding of $27,000,000 is provided for continued

cleanup at Paducah, Kentucky, and $30,000,000 is provided for

continued cleanup at the East Tennessee Technology Park in Oak

Ridge, Tennessee.

The conference agreement does not include funding recommended in this account by the Senate for uranium conversion

activities. This issue is addressed in the Energy Supply appropriation account.

Other Uranium Activities.—The conference agreement provides

$123,784,000 for other uranium activities. The conferees have included the budget request of $110,784,000 for operating expenses

associated with the maintenance of facilities and inventories and

pre-existing liabilities and consolidated the funding for these activities into one program.

The conference agreement provides the budget request of

$10,000,000 for Project 02–U–101, Depleted Uranium Hexafluoride

Conversion Project, in Paducah, Kentucky, and Portsmouth, Ohio,

and transfers this project from the uranium enrichment D&D program to other uranium activities.

The conference agreement also provides $3,000,000 as proposed

by the Senate to continue Project 96–U–201, DUF6 Cylinder Storage Yard, at Paducah, Kentucky.

Funding adjustment.—The conference agreement includes the

use of $5,000,000 of prior year unobligated and uncosted balances.

SCIENCE

The conference agreement provides $3,233,100,000 instead of $3,166,395,000 as proposed by the House and $3,268,816,000 as

proposed by the Senate. The conference agreement does not include

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language specifying funding allocations as contained in the separate House and Senate reports. The conference agreement does not

include bill language proposed by the Senate earmarking funds for

specific purposes.

High energy physics.—The conference agreement provides $716,100,000 for high energy physics, the same as the budget request. The conferees encourage strong support for university research and for research on low temperature superconductors to

support high energy physics requirements. General Purpose Equipment and General Plant Projects should be funded for Office of

Science laboratories at fiscal year 2001 levels. Funds provided by

the Senate for a demonstration of the mass of the neutrino at the

Waste Isolation Pilot Plant have been transferred to the environmental management program.

Nuclear physics.—The conference agreement provides $360,510,000 for nuclear physics, the same as the budget request.

The conferees urge the Department to use these funds to enhance

operation of the Relativistic Heavy Ion Collider (RHIC) at the

Brookhaven National Laboratory and the Thomas Jefferson National Accelerator Facility in Virginia.

Biological and environmental research.—The conference agree- ment includes $527,405,000 for biological and environmental research. The conferees have included $11,405,000 to complete the

construction of the Laboratory for Comparative Functional

Genomics at the Oak Ridge National Laboratory. The conference

amount includes a total of $18,000,000 for the low dose effects program; $3,500,000 in additional funding for computer upgrades and

capital equipment costs at the Environmental Molecular Science

Laboratory; and includes funding to continue the free air carbon dioxide experiments at the fiscal year 2001 level. The conference agreement includes $2,600,000 for the positron

emission tomography center at the University of South Alabama;

$4,000,000 for the Gulf Coast Cancer Center and Research Institute; $2,000,000 for the University of Alabama at Birmingham center for nuclear magnetic resonance imaging; $1,000,000 for University of South Alabama research, in cooperation with industry and

the Cooperative Research Network of the National Rural Electric

Cooperative Association, on a fuel cell powered home using the

Smart Energy Management Control System; $1,650,000 for the

new library and regional resource learning center at Spring Hill

College; $100,000 for the South Alabama Medical Education Outreach Program; $2,250,000 for the University of Florida Genetics

Institute; $2,700,000 for a new linear accelerator for the Baystate

Medical Center; $1,200,000 for the Cancer Institute of New Jersey;

$1,000,000 for the Institute for Molecular and Biomedical Science

at the University of Arizona; $1,000,000 for the Stanley Scott Cancer Center at Louisiana State University; $1,000,000 for the

Infotonics Center of Excellence in Rochester, New York; $500,000

for the Joint Collaboration on Advanced Nanotechnology and Sensors with the University of New Orleans, Louisiana State University, and Louisiana Tech; $500,000 for the Breast Cancer Program

at the North Shore—Long Island Jewish Health System; $500,000

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western Medical Center’s Center for Brain, Cognition, and Behav- ior; $500,000 for the Integrated Environmental Research and Services program at Alabama A&M University; and $500,000 for the

energy efficiency initiative at the Carolinas Health Care System. The conference agreement includes $3,000,000 for the Multidisciplinary Research Facility at the College of Engineering, University of Notre Dame; $500,000 for a linear accelerator for the

Burbank Regional Cancer Center in Fitchburg, Massachusetts;

$500,000 for Hampshire College’s National Center for Science Education; $1,000,000 for the Audubon Biomedical Science and Technology Park at Columbia University; $1,000,000 for the McFadden

Science Center at Texas Wesleyan University; $1,000,000 for the

emergency power supply system at Cedars-Sinai Medical Center;

$1,000,000 for the Rush-Presbyterian-St.Luke’s Medical Center;

$1,000,000 for a nanoscience facility at Purdue University;

$1,000,000 for the Julie and Ben Rogers Cancer Institute;

$1,000,000 for the School of Public Health at the University of

South Carolina; $1,000,000 for the continued development of the

Life Sciences Building at Brown University; $1,000,000 for environmental modeling at the University of North Carolina at Chapel

Hill; $1,000,000 to support renovation of the Science, Technology,

and Engineering Research Complex at Jackson State University;

and $1,000,000 for the PowerGrid simulator at Drexel University

and the New Jersey Institute of Technology. The conference agreement includes $7,000,000 for the positron

emission tomography facility at West Virginia University;

$2,000,000 for a linear accelerator for the University Medical Center of Southern Nevada; $250,000 for the research foundation of

the University of Nevada-Las Vegas; $200,000 for the University of

Nevada-Las Vegas to continue study of the biological effects of exposure to low-level radioactivity; $500,000 for a biomolecular nuclear magnetic resonance instrument at the Medical University of

South Carolina; $1,000,000 for the Oncology Center of the Medical

University of South Carolina; $3,000,000 for the National Center of

Excellence in Photonics and Microsystems in New York; $500,000

for the Institute of Comparative Genomics at the American Museum of Natural History; $750,000 for the Inland Northwest Natural Resources Research Center at Gonzaga University; $500,000

for the Hall of Paleontology at the Field Museum; $500,000 for the

Center for Catalysis at Iowa State University; $1,000,000 for the

Human Genome Project at the University of Southern California;

$500,000 for biomedical research at Creighton University; $500,000

for the Child Health Institute of New Brunswick, New Jersey;

$500,000 for the Oregon Renewable Energy Center; $1,000,000 for

superconductor research at Boston College; $500,000 for the Natural Energy Laboratory in Hawaii; and $800,000 for the Rochester

Institute of Technology microelectronics technology program.

The conference agreement includes $11,000,000 for operations

and capital investment at the Mental Illness and Neuroscience Discovery Institute; and $2,000,000 for the University of Missouri-Columbia to expand the federal investment in the university’s nuclear

medicine and cancer research capital program.

Basic energy sciences.—The conference agreement includes

$1,003,705,000 for basic energy sciences. The conference agreement

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includes the full amount of the budget request for the Spallation

Neutron Source and the SPEAR 3 upgrade at the Stanford Synchrotron Radiation Laboratory. The conferees have included

$3,000,000 to initiate project engineering and design (PED) for

three user facilities for nanoscale science research (Project 02–SC–

002), and the budget request of $7,685,000 for the Experimental

Program to Stimulate Competitive Research (EPSCoR). For purposes of reprogramming in fiscal year 2002, the Department may

reallocate funding among all operating accounts within Basic Energy Sciences.

Advanced scientific computing research.—The conference agreement includes $158,050,000 for advanced scientific computing research (ASCR). The conferees support the use of available funds for

the Scientific Discovery Through Advanced Computing (SciDAC)

program and for terascale operating systems development. The conferees urge the Department to maximize the involvement of universities in the ASCR program, so that both the Department and the

academic community can share in the latest technology developments in this field.

Energy research analyses.—The conference agreement includes

$1,000,000 for energy research analyses, the same amount provided

by the House and the Senate.

Multiprogram energy labs—facility support.—The conference

agreement includes $30,175,000 for multi-program energy labs-facility support, the same as the budget request.

Fusion energy sciences.—The conference agreement includes

$248,495,000, as proposed by both the House and Senate, for fusion

energy sciences.

Facilities and infrastructure.—The conference agreement includes $10,000,000 for a new Facilities and Infrastructure program,

as proposed by the House, to address infrastructure needs at the

Department’s science laboratories.

Safeguards and security.—The conference agreement includes

$55,412,000 for safeguards and security activities at laboratories

and facilities managed by the Office of Science.

Program Direction.—The conference agreement includes

$139,960,000 for program direction. This amount includes

$63,000,000 for field offices, $72,500,000 for headquarters, and

$4,460,000 for science education. The control level for fiscal year

2002 is at the program account level of program direction.

Funding adjustments.—A general reduction of $12,800,000 has

been applied to this account, as well as the security charge for reimbursable work of $4,912,000 included in the budget request.

NUCLEAR WASTE DISPOSAL

The conference agreement provides $95,000,000 for Nuclear

Waste Disposal, instead of $133,000,000 as proposed by the House

and $25,000,000 as proposed by the Senate. When combined with

the $280,000,000 appropriated from the Defense Nuclear Waste

Disposal account, a total of $375,000,000 will be available for program activities in fiscal year 2002. The conference agreement includes not to exceed $2,500,000 for the State of Nevada and

$6,000,000 for affected units of local government.

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The conferees direct the Department to focus all available resources on completing a quality Site Recommendation report, and

the accompanying final Environmental Impact Statement (EIS), in

a timely manner. The final Site Recommendation and final EIS

were due in July 2001, and the conferees expect that these will be

delivered to Congress no later than February 28, 2002. The conferees acknowledge that certain scientific and engineering work is

directly related to the Site Recommendation and to resolving the

technical concerns of the NRC and the Nuclear Waste Technical

Review Board, and that such work should not automatically terminate upon submission of the Site Recommendation. However, if the

Site Recommendation is negative, the conferees expect the Department to terminate promptly all such activities and take the steps

necessary to remediate the site.

DEPARTMENTAL ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $210,853,000 for Depart- mental Administration expenses instead of $209,611,000 as proposed by the House and $208,948,000 as proposed by the Senate.

Funding adjustments include a transfer of $22,000,000 from Other

Defense Activities and the use of $10,000,000 of prior year balances. Revenues of $137,810,000 are estimated to be received in fiscal year 2002, resulting in a net appropriation of $73,043,000.

The conference agreement does not include language proposed

by the House allowing the Department to transfer funds previously

appropriated for Year 2000 (Y2K) activities to this account. The

Y2K funds expired on September 30, 2001.

Specific funding levels for each Departmental organization are

provided in the accompanying table.

Office of Management, Budget and Evaluation.—The conference agreement provides $107,000,000 for the Office of Management, Budget and Evaluation. This is a new organization created

by merging the Office of Management and Administration with the

Office of the Chief Financial Officer (including the Office of Engineering and Construction Management). This reorganization is expected to improve program and project management by bringing together acquisitions, performance appraisals, and funding decisions.

The conferees expect the Department to increase the current

staffing levels and fully fund the program activities of the Office of

Engineering and Construction Management.

Corporate Management Information Program.—The conferees

have provided a total of $15,000,000 for the Department’s Corporate Management Information Program in two accounts:

$5,000,000 in Departmental Administration and $10,000,000 in

Other Defense Activities. The Department had requested a total of

$20,000,000 in the Other Defense Activities account.

Reprogramming guidelines.—The conference agreement provides reprogramming authority of $1,000,000 or 10 percent, whichever is less, within the Departmental Administration account without submission of a reprogramming to be approved by the House

and Senate Committees on Appropriations. No individual program

account may be increased or decreased by more than this amount

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during the fiscal year using this reprogramming authority. Congressional notification within 30 days of the use of this reprogramming authority is required. Transfers which would result in increases or decreases in excess of $1,000,000 or 10 percent to an individual program account require prior notification and approval.

OFFICE OF THE INSPECTOR GENERAL

The conference agreement provides $32,430,000 for the Inspec- tor General as proposed by the House instead of $30,000,000 as

proposed by the Senate.

ATOMIC ENERGY DEFENSE ACTIVITIES

NATIONAL NUCLEAR SECURITY ADMINISTRATION

The National Nuclear Security Administration (NNSA), a semiautonomous agency within the Department of Energy, manages

and operates the Nation’s nuclear weapons, nuclear nonproliferation, and naval reactors activities.

Nuclear posture review.—The conferees have provided a significant increase above the President’s budget request and above the

House bill in nuclear weapons activities, to include refurbishment

of specific nuclear weapons as well as generic nuclear weapons-related process and infrastructure improvements. The basis for providing these additional funds is informal information provided by

the NNSA at the Committees’ request, rather than a formal budget

request from the Administration. The information largely addresses

on-going programs and generic process improvements, and does not

identify the need to develop a specific new nuclear weapon in fiscal

year 2002. The conferees agree that these investments are vital to

ensuring that the NNSA can efficiently support Department of Defense schedules and requirements to maintain the highest levels of

performance for our nation’s nuclear weapons, while maximizing

safety for NNSA employees and contractors performing the stockpile stewardship mission.

The conferees are concerned that NNSA not spend funds early

in fiscal year 2002 that turn out to be wasted effort once the Nuclear Posture Review and its implementation by the Administration

and the Congress is completed. The conferees are also concerned

that the NNSA not spend funds in fiscal year 2002 that presuppose

the outcome of the Nuclear Posture Review or thwart the ability

of Congress to provide effective and timely oversight. It is the conferees’ intent and instruction that the NNSA use the funds in its

budget request and the additional funds provided herein for nuclear weapons activities only for generic process and infrastructure

improvements and to continue on-going weapon refurbishment activities. NNSA should minimize weapon-unique investments in fiscal year 2002 in those instances where NNSA knows today that

there is uncertainty about the long-term viability of the nuclear

weapon or its delivery system. The NNSA may not use funds in fiscal year 2002 to initiate new weapons development programs or to

initiate new warhead refurbishment programs that have not been

formally identified to and approved by the Congress, other than

through formal written reprogramming requests to the Armed

Services and Appropriations Committees of Congress.

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The conferees are concerned in particular about the W–80 warhead refurbishment for air-launched cruise missiles. The Department of Energy has the means to extend the life of the W–80 warhead by tens of years, yet the Department of Defense has yet to

budget any funds to extend the life of its air-launched cruise missiles. Even if the life of the W–80 warhead and cruise missile were

extended in an integrated and synchronized manner, the question

of the desirability of extending the life of the B–52 aircraft fleet (already 40 years old) for a similar extended timeframe would need

to be addressed by both the Administration and Congress. Because

of the uncertainty surrounding these issues, the conferees designate funding for W–80 warhead life extension in fiscal year 2002

to be of special interest. Use of fiscal year 2002 funds for the

unique costs to develop or implement W–80 warhead refurbishment

that involve long-term life extension require advance written notification to and approval by the Armed Services and Appropriations

Committees of Congress.

NNSA budget justifications.—The conferees agree that NNSA

budget justification material for major nuclear weapon acquisition

programs is currently not sufficient to assure adequate Congressional oversight of these very important programs. NNSA, in conjunction with the Department of Defense, is expected to propose

significant investment in strategic weapon systems (to include refurbishments and life extensions) during the next 10 years to meet

military requirements once the Administration’s Nuclear Posture

Review is completed. The Congress will have to examine these proposals in detail and will likely be asked to agree to higher levels

of annual spending for these initiatives. It is vital that NNSA articulate the investment costs and benefits of such proposals in a

clear and consistent manner.

The conferees direct the Administrator to submit Selected Acquisition Reports (SAR) once a year to the Armed Services and Appropriations Committees of Congress, to accompany the fiscal year

2003 and subsequent President’s Budgets. The reports should be

similar in content and format to those submitted to Congress by

the Department of Defense pursuant to section 2432 of Title 10 of

United States Code. The NNSA should identify criteria for designating its major defense acquisition programs, as the Defense Department has done, and then report annually on systems which

meet them. The NNSA should also identify criteria for when to

start SAR reporting for a given weapon system, and when to end

it. SAR systems are generally those which require a significant development cost (hundreds of millions of dollars) or significant acquisition cost (billions of dollars). The conferees anticipate that this

reporting requirement will not place an undue burden on the

NNSA. If a system is to be refurbished in a block-approach, the

SAR report must address information on each and all blocks of the

program.

The conferees further direct that the Comptroller General review the NNSA’s fiscal year 2003 submission of selected acquisition

reports within 90 days of their submission to Congress, and assess

whether they adequately and thoroughly identify information

equivalent to what the Department of Defense provides Congress

in its SAR reports. The conferees also direct the NNSA to include

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detailed information in the budget justification documents for its

fiscal year 2003 and subsequent President’s budget requests to

Congress by weapon system. The budget should clearly show the

unique and the fully-loaded cost of each weapon activity, to include

refurbishments and conceptual study and/or development of new

weapons.

Construction projects.—The conference agreement includes a

significant increase in funding for new and ongoing construction

projects and a new program for facilities and infrastructure upgrades. While these increases are necessary to maintain the nuclear weapons complex, the conferees are concerned that these increases will tax the existing project management expertise of the

NNSA and its contractors. To ensure that construction project

funding is properly executed, the conferees direct the NNSA’s Office of Project Management Support to review each of these projects

and verify that the conceptual design and at least 35 percent of the

detailed design are completed before construction funds are obligated. The NNSA is strongly encouraged to use the expertise resident in the Department’s Office of Construction and Engineering

Management for this purpose.

Nuclear Weapons Council Reporting.—The Armed Services

Committees require annual reporting on the activities of the Nuclear Weapons Council, a joint Department of Defense and Energy

activity that manages nuclear weapons. This document is a key

tool for the Appropriations and Armed Services Committees of Congress to perform effective oversight of our nation’s nuclear weapons. The Secretary of Energy submitted the fiscal year 2000 report

(dated October 1, 2000) on September 26, 2001. The conferees question the utility of a report (under 20 pages) whose information is

about a year old when submitted, and whether the Departments of

Energy and Defense take seriously the need to responsibly support

Congressional oversight of nuclear weapons on a timely basis. Reports to Congress on a previous fiscal year’s activities, to be relevant to the authorization and appropriations process, should be

submitted for Committees to use during their hearings in the

spring of the following year. Waiting until the end of the fiscal year

to submit the information inhibits the hearing process, the authorization process, and the appropriations process as well as depriving

Members of Congress charged with an important oversight responsibility from effectively performing their duty due to lack of timely

information. The conferees direct the Secretary of Energy to submit

future reports by March 1 of each year.

WEAPONS ACTIVITIES

The conference agreement provides $5,429,238,000 for Weapons Activities instead of $5,123,888,000 as proposed by the House

and $6,062,891,000 as proposed by the Senate. The Administration’s budget request for Weapons Activities was $5,300,025,000

which included $271,137,000 for program direction activities. The

conference recommendation transfers all program direction funding

to the Office of the NNSA Administrator account which has the effect of reducing the fiscal year 2002 budget request for Weapons

Activities to $5,028,888,000. Thus, the conference recommendation

126

is $400,850,000 over the budget request for nuclear weapons programmatic activities.

Statutory language proposed by the Senate to earmark funds

for technology partnerships and community reuse organizations

has not been included. The conferees direct the NNSA to fully utilize technology partnerships supportive of its missions, including

the support of small business interactions including technology

clusters around the laboratories.

Reprogramming.—The conference agreement provides limited

reprogramming authority within the Weapons Activities account

without submission of a reprogramming to be approved in advance

by the House and Senate Committees on Appropriations. The reprogramming thresholds will be as follows: directed stockpile work,

science campaigns, engineering campaigns, inertial confinement fusion, advanced simulation and computing, pit manufacturing and

certification, readiness campaigns, and operating expenses for readiness in technical base and facilities. This should provide the needed flexibility to manage these programs.

In addition, funding of not more than $5,000,000 may be transferred between each of these categories and each construction

project subject to the following limitations: only one transfer may

be made to or from any program or project; the transfer must be

necessary to address a risk to health, safety or the environment or

to assure the most efficient use of weapons activities funds at a

site; and funds may not be used for an item for which Congress has

specifically denied funds or for a new program or project that has

not been authorized by Congress.

Congressional notification within 30 days of the use of this reprogramming authority is required. Transfers during the fiscal

year which would result in increases or decreases in excess of

$5,000,000 or which would be subject to the limitations outlined in

the previous paragraph require prior notification and approval

from the House and Senate Committees on Appropriations.

Directed stockpile work.—The conference agreement includes

$1,045,814,000 for directed stockpile work instead of

$1,043,791,000 as proposed by the House and $1,081,337,000 as

proposed by the Senate.

Campaigns.—The conference agreement consolidates the individual campaigns into six major groups: science campaigns, engineering campaigns, inertial confinement fusion, advanced simulation and computing, pit manufacturing and certification, and readiness campaigns. Funding for individual campaigns is shown on the

accompanying table.

For science campaigns, the conference agreement provides

$269,703,000, an increase of $8,583,000 over the budget request.

From within available funds, an additional $25,000,000 is provided

for advanced radiography to continue research, development and

conceptual design for an advanced hydrodynamic test facility, including further development and evaluation of proton radiography

techniques.

For engineering campaigns, the conference agreement provides

$245,225,000, an increase of $9,469,000 over the budget request, to

meet additional program requirements.

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For inertial confinement fusion, the conference agreement pro- vides $506,443,000, an increase of $39,500,000 over the budget request, and includes several program funding adjustments. The conference agreement includes $10,000,000 for the Naval Research

Laboratory, the same as the budget request. Funding of

$24,500,000 has been provided to further development of high average power lasers. The conference agreement includes $35,450,000 for the Laboratory for Laser Energetics at the University of Rochester, an increase of $2,000,000 over the budget request, to be used for development of critical short-pulse laser technologies that should be extensible to producing very high power laser capability on the National Ignition Facility as well as existing large fusion research lasers like Omega. The conference agreement provides an additional $7,000,000

for enhanced National Ignition Facility (NIF) diagnostics and cryogenic target activities, and $245,000,000, the same as the budget

request, for continued construction of the NIF.

The conferees understand the Department is preparing a National Petawatt Strategic Plan and support completion of this initiative, including within the strategic planning the research and

development of supporting technologies necessary to ensure U.S.

leadership in ultra-short-pulse laser technology. Funding of

$3,000,000 is provided for conceptual and preliminary engineering

design studies for a petawatt-class laser at the Sandia National

Laboratory’s Z machine, and $1,000,000 is provided to initiate development of critical short-pulse laser technologies like damage-resistant gratings.

The conferees strongly support university participation in this program and have provided $9,886,000 for university grants/other

ICF support, an increase of $4,500,000 over the budget request.

This includes $2,500,000 to complete the installation and initiate

operation of a petawatt laser or high-power, short-pulse laser at

the University of Nevada-Reno. The conferees believe that early access to an operating petawatt-class laser will provide opportunities

for exploring technology options to incorporate in the next generation of petawatt lasers. The conferees direct the Department to provide a monthly status report to the House and Senate Committees

on Appropriations on the status of the University of Nevada-Reno

project. The conferees have included the additional $2,000,000 for

university grants to encourage greater participation of universities

in the Department’s programs and as a means of training new scientists in high energy density and laser physics.

For advanced simulation and computing, the conference agreement provides $729,847,000, a decrease of $8,185,000 from the

budget request. The reduction in operating expenses should be

taken against lower priority activities. The conference agreement

allocates funding of $8,400,000 for Project 01–D–101, the Distributed Information Systems Laboratory at Sandia; $22,000,000 for

Project 00–D–103, the Terascale Simulation Facility at Livermore;

and $13,377,000 for Project 00–D–107, the Joint Computational

Engineering Laboratory at Sandia. Each of these projects has experienced significant reductions in prior years due to funding constraints.

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For pit manufacturing and certification, the conference agree- ment provides $219,000,000, an increase of $90,455,000 over the

budget request of $128,545,000. On September 28, 2001, the NNSA

Administrator notified the House and Senate Committees on Appropriations that the fiscal year 2002 projected cost for pit manufacturing and certification was $213,000,000. In addition, the conferees have provided the budget request of $2,000,000 for pit manufacturing and certification activities not specifically supporting the

W88 and $4,000,000 for preconceptual design activities for a new

pit manufacturing facility. From within the funds provided, the

conference agreement includes full funding for subcritical experiments to be performed at the Nevada Test Site. Additional funding

is provided within the Readiness in Technical Base and Facilities

program to support facilities and activities critical to the success of

the pit manufacturing and certification campaign.

For readiness campaigns, the conference agreement provides $196,886,000, an increase of $31,869,000 over the budget request.

This includes, at a minimum, an additional $24,000,000 for the Y– 12 Plant in Oak Ridge, Tennessee. No funding is provided for

Project 98–D–126, Accelerator Production of Tritium, the same as

the budget request.

For readiness in technical base and facilities, the conference

agreement provides $1,553,124,000, an increase of $106,136,000

over the budget request, and includes several funding adjustments.

Within funds provided for operations of facilities, the conferees direct that, at a minimum, an additional $25,000,000 be provided

for the Pantex Plant in Texas and an additional $10,000,000 be

provided for the Y–12 Plant in Oak Ridge, Tennessee. The con- ference agreement also includes an additional $10,000,000 for the

Z machine refurbishment at Sandia; $10,000,000 to consolidate and

enhance counter-terrorism activities and programs at the National

Center for Combating Terrorism at the Nevada Test Site; and

$1,500,000 for technology partnerships with industry as proposed

by the Senate.

The conference agreement does not provide additional funding

to process uranium-233 as proposed by the Senate. This issue is addressed in the Energy Supply account.

Within funds provided for program readiness, the conference

agreement includes additional funding of $10,000,000 for the operation of pulsed power facilities at Sandia National Laboratory. Additional funding of $9,094,000 above the budget request is provided

to maintain Nevada Test Site readiness and maintain materials

processing and component manufacturing readiness consistent with

the 1993 Presidential directive concerning underground nuclear

testing.

Within funds provided for special projects, the conference

agreement includes $1,000,000 for the Remote Sensing Laboratory

to enhance pilot proficiency, aircraft safety, and aviation support

elements; $1,000,000 for final funding for the tumor registry in the

State of Nevada; $250,000 to prepare a plan to preserve the history

of the Manhattan project; $1,000,000 for installation of exhibits at

the Atomic Testing History Institute; and the budget request for

the Los Alamos County Schools and the New Mexico Education Enrichment Foundation.

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The conference agreement includes $90,310,000 for materials recycling, $8,199,000 for containers, $10,643,000 for storage, and

$88,923,000 for nuclear weapons incident response, as proposed by

the Senate.

For construction projects, the conference agreement includes several adjustments to the budget request. Funding of $22,830,000

is provided for Project 02–D–103, Project Engineering and Design (PE&D), including $4,000,000 for architecture and engineering

services for modernization of surface support facilities for the U1A

complex at the Nevada Test Site; $4,750,000 for Project 02–D–105,

Engineering Technology Complex Upgrade at Livermore;

$3,507,000 for Project 02–D–107, Electrical Power Systems Up- grades at the Nevada Test Site; $16,379,000 for Project 01–D–103,

PE&D, including $2,693,000 for electrical power systems upgrades

at the Nevada Test Site; $67,000,000 for Project 01–D–108, Microsystems and Engineering Sciences Applications Complex at Sandia;

and $2,000,000 for Project 99–D–108, Renovate Existing Roadways

at the Nevada Test Site. No funds are provided for Project 01–D– 124, HEU Storage Facility at the Y–12 Plant in Tennessee.

Funding of $3,300,000 is provided for Project 01–D–107, Atlas

Relocation at the Nevada Test Site. The total estimated cost of this

project has increased by $4,123,000 to $16,312,000.

Facilities and Infrastructure.—The conference agreement in- cludes $200,000,000 to establish a new program for facilities and

infrastructure (F&I). The Department had requested no funding for

this program. The conferees agree with the House report language

on the F&I program and direct that at least 25 percent of this

funding be used to dispose of excess facilities that will provide the

greatest impact on reducing long-term costs and risks.

Secure Transportation Asset.—The conference agreement pro- vides $123,300,000 as proposed by the Senate, an increase of

$1,500,000 over the budget request.

Safeguards and security.—The conference agreement includes $448,881,000, the same as the budget request, for safeguards and

security activities at laboratories and facilities managed by the National Nuclear Security Administration.

Program direction.—The budget request included $271,137,000

for program direction activities in this account. The conference

agreement transfers this funding to the Office of the NNSA Administrator account.

Funding adjustments.—The conference agreement includes an

adjustment of $28,985,000 for a security charge for reimbursable

work, as proposed in the budget, and a general reduction of

$80,000,000.

DEFENSE NUCLEAR NONPROLIFERATION

The conference agreement provides $803,586,000 for Defense

Nuclear Nonproliferation instead of $845,341,000 as proposed by

the House and $880,500,000 as proposed by the Senate. The Administration’s budget request for Defense Nuclear Nonproliferation

was $773,700,000 which included $51,459,000 for program direction

activities. The conference recommendation transfers all program direction funding to the Office of the NNSA Administrator account

which has the effect of reducing the budget request for Defense NuVerDate 11-MAY-2000 21:56 Oct 31, 2001 Jkt 075839 PO 00000 Frm 00129 Fmt 6602 Sfmt 6601 E:\HR\OC\HR258.XXX pfrm04 PsN: HR258
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clear Nonproliferation to $722,241,000. Thus, the conference recommendation is an increase of $81,345,000 over the budget request.

Statutory language proposed by the Senate to earmark funding

for official reception and representation expenses has not been included. This activity is funded in the Office of the NNSA Administrator account.

Limitation on Russian and Newly Independent States’ (NIS)

program funds.—The conferees are concerned about the amount of

funding for Russian and NIS programs which remains in the

United States for Department of Energy contractors and laboratories rather than going to the facilities in Russia and the NIS. The

conferees expect the Department to continue to increase the level

of funding provided to Russia versus the funding which remains in

the United States for Department of Energy contractors and laboratories in each subsequent year. The conferees direct the Department to apply the lowest possible laboratory overhead rates and to

increase the percent of funding spent in Russia. The Department

is to provide a report to the House and Senate Committees on Appropriations by January 31, 2002, and each subsequent year on the

amount of funding provided to Russia and NIS in each program

area. The Department should work with the Committees on the

specific information to be included in the report.

Nonproliferation and verification research and development.— The conference agreement provides $244,306,000 for nonproliferation and verification research and development. This includes

$19,510,900 for ground-based systems for treaty monitoring, an increase of $7,000,000 over the budget request. From within available funds, $4,000,000 is provided to establish the Remote Systems

Test and Engineering Center at the Remote Sensing Laboratory

and $2,500,000 for the Incorporated Research Institutions for Seismology PASSCAL Instrument Center. The Department is urged to

review the potential value of the Caucasus Seismic Information

Network to the nuclear explosion monitoring national security mission.

The conferees continue to support more opportunity for open

competition in appropriate areas of the nonproliferation and

verification research and development program. The conferees expect the Department to continue to implement recommendations

provided by the external review group in support of open competition and direct the Department to initiate a free and open competitive process for at least 25 percent of its research and development

activities during fiscal year 2002 for ground-based systems treaty

monitoring. The competitive process should be open to all Federal

and non-Federal entities.

Arms control.—The conference agreement provides $75,741,000

for arms control activities, instead of the budget request of

$101,500,000, due to several funding transfers. The conference

agreement transfers $4,000,000 for the Second Line of Defense program to the International Materials Protection, Control and Accounting program. Funding of $28,759,000 for the NIS nonproliferation program for the Initiatives for Proliferation Prevention and the Nuclear Cities Initiative has been transferred to a new

program, ‘‘Russian Transition Initiatives.’’ Funding of $15,945,000,

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an increase of $7,000,000 over the budget request, has been provided for spent nuclear fuel activities in Kazakhstan. No additional

funds are provided for spent nuclear fuel storage and a geologic repository in Russia.

International materials protection, control and accounting

(MPC&A).—The conference agreement includes $173,000,000 for the MPC&A program including $4,000,000 for the Second Line of

Defense program which was transferred from the Arms Control

program.

Russian Transition Initiatives.—The conference agreement pro- vides $42,000,000 for the Initiatives for Proliferation Prevention

program and the Nuclear Cities Initiative. These programs were

transferred from the arms control program. The conferees expect

the Department to provide a single program manager responsible

for both programs and have provided the Department the flexibility

to allocate the funding between the two programs. The program

manager should also ensure close coordination with other Federal

agencies that direct money to scientists working in closed cities.

HEU transparency implementation.—The conference agree- ment provides $13,950,000, the same as the budget request.

International nuclear safety.—The conference agreement pro- vides $10,000,000 for the international nuclear safety program, a

reduction of $3,800,000 from the budget request. This funding is to

be used only for activities in support of completing the upgrades to

Soviet-designed nuclear reactors. From within available funds, the

conference agreement provides $1,500,000 to transfer and implement proven U.S.-developed Mechanical Stress Improvement Process technology requested by the Russian Federation. The Department is to provide a status report on the progress of this project

by March 31, 2002.

Fissile materials disposition.—The conference agreement pro- vides $302,422,000 for fissile materials disposition, an increase of

$12,333,000 over the budget request. Limitations on the amount of

funding which remains in the United States shall not apply to the

fissile material disposition programs.

The conference agreement includes $5,000,000 to support the

joint United States-Russian program to develop an advanced reactor for plutonium disposition. The United States should take advantage of this technology for a possible next generation nuclear

power reactor for United States and foreign markets. Therefore,

the Department should explore opportunities to develop and exploit

this technology for commercial purposes.

The conferees are concerned that the Administration’s consideration of alternative plutonium disposition and management scenarios, combined with a much lower than expected budget request,

have introduced substantial instability into both the Russian and

U.S. components of the plutonium disposition program. The conferees regard this program as one of the most important nonproliferation initiatives undertaken between the United States and

Russia. It is also closely integrated into the Department’s environmental cleanup and material management programs. The instabilities injected into this program are jeopardizing the future of this

program, both in this country and in Russia, and may result in the

permanent loss of this significant opportunity.

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The conferees understand that the issue of plutonium disposition at the Savannah River Site will be fully addressed in the Fiscal Year 2002 Defense Authorization Act. However, the conferees

direct the Secretary of Energy to consult with the Governor of the

State of South Carolina regarding any decisions or plans of the Secretary related to the disposition of surplus defense plutonium located at the Savannah River Site. The Secretary is also directed to

submit to Congress a plan for disposal of surplus defense plutonium currently located at the Savannah River site and for disposal

of defense plutonium and defense plutonium materials to be

shipped to the Savannah River Site in the future. This plan is due

by February 1, 2002.

The conferees further direct the Secretary to provide 30 days

notice to the House and Senate Committees on Appropriations before resuming shipments of defense plutonium and defense plutonium materials to the Savannah River Site.

Until further approval from the Committees on Appropriations,

the conferees expect that funds set aside for plutonium disposition

in Public Law 105–227, the Omnibus Consolidated and Emergency

Supplemental Appropriations Act, 1999, shall only be used in a

manner consistent with the current plutonium disposition program.

At the request of the Department, the conference agreement

makes the following changes to the Department’s budget request. Funding of $5,000,000 is reallocated from Project 99–D–141, the

Pit Disassembly and Conversion Facility, to operating expenses in

support of this project. Funding of $29,340,000, an increase of

$5,340,000 over the budget request, is provided for Project 01–D–

407, the HEU Blend Down Project. Funding of $65,993,000, an increase of $2,993,000 over the budget request, is provided for Project

99–D–143, the Mixed Oxide Fuel Fabrication Facility. These increases totaling $8,333,000 are funded through balances remaining

from prior year construction projects.

Program direction.—The budget request included $51,459,000

for program direction activities in this account. The conference

agreement transfers this funding to the Office of the NNSA Administrator account.

Funding adjustments.—The conference agreement includes

funding adjustments of $57,833,000. This includes the use of

$42,000,000 of prior year balances, as requested in the budget;

$8,333,000 from prior year balances in fissile materials disposition

construction projects; and $7,500,000 from prior year unobligated

and uncosted balances.

NAVAL REACTORS

The conference agreement provides $688,045,000 for Naval Reactors, the same as the budget request.

OFFICE OF THE ADMINISTRATOR

The conference agreement provides $312,596,000 for the Office

of the Administrator instead of $10,000,000 as proposed by the

House and $15,000,000 as proposed by the Senate. The conference

agreement consolidates program direction funds of $337,596,000 requested in the weapons activities, defense nuclear nonproliferation,

133

and office of the administrator appropriation accounts. Total funding of $312,596,000 has been provided, a reduction of $25,000,000

from the original request. This reduction anticipates efficiencies to

be gained through this consolidation and the use of prior year unobligated balances from the three merged program direction accounts.

The conferees do not support increasing the total number of

staff in the NNSA. While there is broad agreement that NNSA may

not have the appropriate skill mix in its existing work force, there

is also broad agreement that simply adding more people is not the

answer.

Statutory language providing $12,000 for official reception and

representation expenses has been included.

ENVIRONMENTAL AND OTHER DEFENSE RELATED ACTIVITIES

DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT

The conference agreement provides $5,234,576,000 for Defense

Environmental Restoration and Waste Management instead of

$5,174,539,000 as proposed by the House and $5,389,868,000 as

proposed by the Senate. Additional funding of $1,092,878,000 is

contained in the Defense Facilities Closure Projects account and

$153,537,000 in the Defense Environmental Management Privatization account for a total of $6,480,991,000 provided for all defense

environmental management activities.

The conference agreement provides for the purchase of not to

exceed 30 passenger motor vehicles as proposed by the House.

The conferees believe the significant cleanup issues before the

Department at the Paducah Gaseous Diffusion Plant in Kentucky

require continued strong management oversight from Headquarters. The conferees direct that the Secretary provide for the

management of environmental matters (including planning and

budgetary activities) with respect to the plant through the Assistant Secretary of Energy for Environmental Management. The Assistant Secretary shall ensure that direct communication and thorough consultation exists at all times between herself and the head

of the Paducah environmental cleanup programs on all relevant

matters.

Low level waste disposal.—The conferees agree that the Department, where cost-effective, should use existing Federal contracts for the disposal of low-level and mixed low-level waste at

commercial off-site disposal facilities. Further, before proceeding

with any new on-site disposal cell, the Department is directed to

submit to the House and Senate Committees on Appropriations an

objective analysis comparing the life-cycle costs of on-site versus

off-site disposal alternatives. Such analysis must address the concerns identified by the General Accounting Office in its recent report (GAO–01–441), which found that the Department has not

made accurate estimates of waste volumes and transportation costs

when comparing on-site versus off-site alternatives.

Site/Project Completion.—The conference agreement provides

additional funding to mitigate funding shortfalls at the following

sites: $18,000,000 for the Idaho site; $20,000,000 for the Savannah

River Site in South Carolina; $34,300,000 for the Hanford site in

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Richland, Washington; and $7,000,000 for South Valley, Kansas

City, Pantex, and Sandia. The conference agreement includes $9,000,000 to expedite the

remediation and conveyance of up to 2000 acres of land for the use

of Pueblo of San Ildefonso and approximately 100 acres to the

County of Los Alamos consistent with the direction of section 632

of Public Law 105–119.

Funding of $20,000,000 has been provided for a new construction project, Project 02–D–420, Plutonium Packaging and Stabilization, at the Savannah River Site. At the request of the Department,

the conference agreement consolidates funding from the following

sources for this project: $7,500,000 from current and prior year balances in Project 01–D–414, Project Engineering and Design (PE&D); $4,000,000 from prior year balances available from cancellation of Project 01–D–415, 235–F Packaging and Stabilization project; and $8,500,000 from prior year balances provided to the

Savannah River Site in fiscal year 2001 for plutonium stabilization

activities.

Funding of $2,754,000 is provided for Project 01–D–414,

Project Engineering and Design, as proposed by the House.

Post 2006 Completion.—The conference agreement provides additional funding over the budget request for several activities. Additional funding of $105,000,000 is provided for the Idaho site.

From within these funds, $15,000,000 is to initiate activities associated with the demonstration of waste retrieval at the subsurface

disposal area at the Idaho National Engineering and Environmental Laboratory (INEEL); $700,000 is to continue conceptual design activities for a subsurface geosciences laboratory at Idaho;

$4,000,000 is for the Subsurface Science Research Institute operated by the Inland Northwest Research Alliance and the INEEL;

and up to $750,000 is to evaluate the need for a remote-handled

transuranic waste facility at ANL-West and initiate conceptual design if needed.

The conferees encourage the Department of Energy to use alternative dispute resolution to resolve claims relating to the contract dispute on Pit 9 at Idaho.

Additional funding of $125,000,000 is provided for the Savannah River Site in South Carolina. From within available funds,

$8,000,000 is provided for the Savannah River Ecology Laboratory,

an increase of $2,000,000 over the budget request, and $800,000 is

provided to continue the Department’s relationship with the University of South Carolina’s Center for Water Resources.

Additional funding of $110,000,000 is provided for the Hanford

site in Richland, Washington, to support the River Corridor Initiative. From within available funds, $8,481,000 is provided for the

hazardous waste worker training program, an increase of

$7,481,000 over the budget request, and $600,000 is provided for

State of Oregon oversight activities. The Department is expected to

continue making PILT payments at last year’s level to counties

that have the Hanford reservation within their boundaries.

Additional funding of $3,400,000 is provided for cleanup activities at the Nevada Test Site and $3,000,000 to continue the underground test area groundwater flow characterization drilling program.

135

Additional funding of $10,000,000 is provided to continue remediation, waste management, and nuclear materials stewardship

activities at Los Alamos National Laboratory and to support New

Mexico State Agreements-in-Principal requirements. Additional funding of $10,000,000 is provided for cleanup activities at the Lawrence Livermore National Laboratory. Additional funding of $28,100,000 is provided to the Carlsbad field office. This includes $17,100,000 for Waste Isolation Pilot

Plant (WIPP) operations; $7,000,000 to implement program-wide

best practices to optimize waste processing, develop new technology

solutions, and develop a mobile/modular approach for small quantity sites; $3,000,000 to continue the U.S.-Mexico Border Health

Commission/Materials Corridor Partnership Initiative; and

$1,000,000 for research, development, and initial demonstration in

support of an experiment to be conducted at WIPP to evaluate the

mass of the neutrino.

Office of River Protection.—The conference agreement provides $1,033,468,000, an increase of $221,000,000 over the budget request, for the Office of River Protection at the Hanford site in

Washington. Funding of $665,000,000 has been provided for Project

01–D–416, the Hanford Waste Treatment Plant, to vitrify the highlevel waste in underground tanks.

While the conferees share Washington State’s concern regarding the Administration’s inadequate budget request for the Office

of River Protection and Hanford cleanup activities and recognize

the right of the State to levy fines under the Tri-Party Agreement,

the conferees question the constructiveness of the State’s imposition of weekly fines due to the Department’s failure to begin construction on the waste treatment plant. As demonstrated in this

conference, the conferees continue to adequately support this

project and believe the weekly fines may only be serving to distract

site managers from the mission of cleanup.

Science and technology development.—The conference agree- ment provides $255,768,000 for the science and technology development program. The conference agreement provides $4,000,000 for

the next round of new and innovative research grants in the environmental management science program in fiscal year 2002.

The conference agreement includes $4,000,000 for the international agreement with AEA Technology; $7,000,000 for the Department’s cooperative agreement with the Florida International

University; $27,100,000 for the D&D focus area program;

$33,800,000 for industry and university programs; $5,000,000 for

the Western Environmental Technology Office; $4,000,000 to continue evaluation, development and demonstration of the Advanced

Vitrification System; $3,000,000 to continue engineering, development and deployment of remote monitoring systems for the underground test area; $5,000,000 for the Diagnostic Instrumentation

and Analysis Laboratory; and $4,350,000 for the university robotics

research program.

Limitation on multi-year funding agreements.—The Department is directed not to sign any new funding agreement that commits more than one year of funding for science and technology activities with any entity. The following types of agreements are exempt from this direction: basic and applied research projects that

136

have been competitively awarded; competitively awarded science

and technology projects that are phased such that funding for the

succeeding phases is contingent upon successful performance, continued scientific merit, and mission relevance of the work to environmental management; and projects requiring significant infrastructure investment which will be cost shared between the Department and the performing entity. For new science and technology projects not meeting one of the above exemptions, the Department shall provide written notification to the Committees of its

intent to enter into an agreement that commits more than one year

of funding a minimum of 60 days prior to award. This notification

must provide a detailed description of the project, the expected benefits, and a justification for multiple year funding.

Excess facilities.—The conference agreement includes $5,000,000, an increase of $3,700,000 over the budget request, for

excess facilities. These funds are to be used to initiate D&D of excess facilities owned by the environmental management program.

Safeguards and security.—The conference agreement includes $205,621,000, the same as the budget request, for safeguards and

security activities at laboratories and facilities managed by the Office of Environmental Management.

Program direction.—The conferees have provided $355,761,000,

the same as the budget request, for the program direction account.

Funding adjustments.—The conference agreement includes the use of $56,770,000 of prior year balances, an increase of

$20,000,000 over the budget request, which funds Project 02–D– 420 at the Savannah River Site. A security charge for reimbursable

work of $5,391,000, the same as the budget request, is included,

and a general reduction of $92,110,000, due to funding constraints.

DEFENSE FACILITIES CLOSURE PROJECTS

The conference agreement provides $1,092,878,000 as proposed by the House instead of $1,080,538,000 as proposed by the Senate.

Funding is provided for the following projects: $620,504,000 for the

Rocky Flats Site in Colorado; $295,299,000 for Fernald, Ohio;

$91,000,000 for the Mound site in Ohio; $16,000,000 for the Ashtabula site in Ohio; and $16,100,000 for the Columbus environmental management project in Ohio. The conferees expect the Department to request adequate funds to keep each of these projects

on schedule for closure by 2006 or earlier. Funding of $53,975,000 is provided for safeguards and security.

Any savings resulting from safeguards and security costs are to be

retained and used for cleanup activities at the closure sites.

DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION

The conference agreement provides $153,537,000 for the defense environmental management privatization program instead of

$143,208,000 as proposed by the House and $157,537,000 as proposed by the Senate. The conference agreement includes

$13,329,000 for the Paducah Disposal Facility in Kentucky, the

same as the budget request.

Funding of $52,000,000 has been provided for the Advanced

Mixed Waste Treatment Project (AMWTP) in Idaho, an increase of

$12,000,000 over the budget request of $40,000,000. Funding for

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the AMWTP does not include financing and termination liability

costs for fiscal year 2002 that would be required of the Department

of Energy in the unlikely event of a termination for convenience as

stipulated in the project contract.

OTHER DEFENSE ACTIVITIES

The conference agreement provides $544,044,000 for Other De- fense Activities instead of $487,464,000 as proposed by the House

and $564,168,000 as proposed by the Senate. Details of the conference agreement are provided below.

SECURITY AND EMERGENCY OPERATIONS

For security and emergency operations funding managed at Headquarters, the conference agreement provides $250,427,000, a

reduction of $18,823,000 from the budget request. The conference

agreement provides total safeguards and security funding of

$1,004,716,000 which includes $754,289,000 for safeguards and security activities at Departmental field offices and facilities. For

field sites, this is an increase of $63,451,000 over fiscal year 2001

funding of $665,178,000 for safeguards and security activities. Funding of $116,500,000 is provided for nuclear safeguards and security, including $2,500,000 to procure safety locks to meet

Federal specifications.

The conference agreement provides $44,927,000 for security investigations, the same as the budget request.

Funding of $10,000,000 is provided for the Corporate Management Information System in this account, a reduction of

$10,000,000 from the budget request, and $5,000,000 is provided in

the Departmental Administration account.

Program direction.—The conference agreement provides $79,000,000 for program direction, a decrease of $4,135,000 from

the budget request.

INTELLIGENCE

The conference agreement includes $40,844,000, the same as

the budget request, for the Department’s intelligence program.

COUNTERINTELLIGENCE

The conference agreement includes $46,000,000, a reduction of

$389,000 from the budget request, for the Department’s counterintelligence program.

ADVANCED ACCELERATOR APPLICATIONS

The conference agreement provides $50,000,000 to continue research on advanced accelerator applications, including $4,500,000

for research and development of technologies for economic and environmentally-sound refinement of spent nuclear fuel at the University of Nevada-Las Vegas; $4,000,000 for reactor-based transmutation studies; and $1,500,000 for the Idaho Accelerator Center.

No funds are provided for Project 98–D–126, Accelerator Production of Tritium.

The President’s National Energy Policy of May 2001 acknowledged the potential of reprocessing and transmutation technologies

138

to reduce the quantity and long-term toxicity of spent nuclear fuel,

and recommended further consideration of such technologies. The

Advanced Accelerator Applications program will provide the technical information to support a future policy decision on these options.

The Department is directed to prepare a report for Congress by

May 1, 2002, providing a comparison of the chemical and pyro-reprocessing, accelerator-driven transmutation, and fast reactor

transmutation alternatives, fully disclosing all waste streams and

estimating the life-cycle costs to construct, operate, and decommission and decontaminate all necessary facilities. The Department

should also compare the proliferation resistance of the various technologies. The baseline for all comparisons should be the oncethrough fuel cycle as presently used in the United States, and the

amount of spent nuclear fuel presently scheduled for disposal in

the geologic repository. The conferees expect this report to present

the Department’s strategy for siting the new processing and disposal facilities that would be required for the various reprocessing

and transmutation alternatives, again assuming a capacity sufficient to process the amount of spent fuel presently scheduled for

geologic disposal. The conferees encourage the participation of

international collaborators, industrial partners, and U.S. universities in this effort.

INDEPENDENT OVERSIGHT AND PERFORMANCE ASSURANCE

The conference agreement provides $14,904,000, the same as

the budget request, for the independent oversight and performance

assurance program. The conferees are aware that additional duties

for environmental oversight have been assigned to this office and

expect the Department to submit a reprogramming to transfer an

estimated $7,000,000 to support these oversight activities which

have been funded previously in the environment, safety and health

program.

ENVIRONMENT, SAFETY AND HEALTH (DEFENSE)

The conference agreement provides $117,688,000 for defenserelated environment, safety and health activities. From within

available funds, $53,438,000 is provided for health effects studies

and $13,500,000 for the Radiation Effects Research Foundation, the

same as the budget request. The conferees have provided

$5,000,000 to continue a program at the University of Nevada-Las

Vegas for Department-wide management of electronic records;

$1,750,000 for the University of Louisville and the University of

Kentucky to perform epidemiological studies of workers; and

$1,000,000 for health studies of workers at the Iowa Army Ammunition Plant.

The U.S. government is currently renegotiating its diplomatic,

defense, and economic relationship with the Government of the Republic of the Marshall Islands (RMI). The conferees urge the U.S.

government to provide a single, combined package of assistance to

support the medical and public health infrastructure needs of the

Marshall Islands and believe that the negotiations should include

discussion of the transition of the environmental monitoring program to the RMI.

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The conference agreement includes $22,000,000 for program direction, a reduction of $1,293,000 from the budget request.

WORKER AND COMMUNITY TRANSITION

The conference agreement provides $20,000,000 for the worker

and community transition program as proposed by the Senate.

Funding of $900,000 has been provided for infrastructure improvements at the former Pinellas weapons plant.

The conference agreement provides that no funds may be used

to augment the $20,000,000 made available for obligation for severance payments and other benefits and community assistance

grants unless the Department of Energy submits a reprogramming

request subject to approval by the appropriate Congressional committees.

NATIONAL SECURITY PROGRAMS ADMINISTRATIVE SUPPORT

The conference agreement provides $22,000,000 for national security programs administrative support instead of $25,000,000 as

proposed by the House and the Senate.

OFFICE OF HEARINGS AND APPEALS

The conference agreement provides $2,893,000 for the Office of

Hearings and Appeals, the same as the budget request.

FUNDING ADJUSTMENTS

Funding adjustments include a security charge for reimbursable work of $712,000 and a general reduction of $20,000,000. The

general reduction should be applied to programs which have unobligated balances carried over from prior fiscal years and lower priority program activities.

DEFENSE NUCLEAR WASTE DISPOSAL

The conference agreement provides $280,000,000 for the defense contribution to the nuclear waste repository program instead

of $310,000,000 as proposed by the House and $250,000,000 as proposed by the Senate.

POWER MARKETING ADMINISTRATIONS

BONNEVILLE POWER ADMINISTRATION FUND

The conference agreement does not incorporate Senate language providing new borrowing authority to the Bonneville Power

Administration. No new direct loan obligations may be made during fiscal year 2002 as proposed by the House.

OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

ADMINISTRATION

The conference agreement includes $4,891,000, the same as the

budget request, for the Southeastern Power Administration.

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OPERATION AND MAINTENANCE, SOUTHWESTERN POWER

ADMINISTRATION

The conference agreement includes $28,038,000, the same as

the budget request, for the Southwestern Power Administration.

CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE,

WESTERN AREA POWER ADMINISTRATION

The conference agreement provides $171,938,000, instead of

$172,165,000 as proposed by the House and $169,465,000 as proposed by the Senate. The conference agreement does not include

bill language proposed by the Senate earmarking funds for specific

activities.

Of the amount appropriated, not less than $200,000 shall be

provided for corridor review and environmental review required for

construction of a 230 kv transmission line between Belfield and

Hettinger, North Dakota. These funds shall be non-reimbursable.

Within the amount 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. These funds shall be non-reimbursable. Western shall publish a study by July 31, 2002, that contains a recommendation of the most cost-effective methods and

technologies to enhance electricity transmission from lignite and

wind energy.

The amount appropriated for construction and rehabilitation

includes $2,700,000 to fund high priority portions of the South of

Phoenix portion of the Parker-Davis Project transmission system.

The Federal share of the upfront costs is to be recovered through

the transmission rates of the Parker-Davis Project. Western should

pursue additional funds from those utilities requiring additional

transmission capacity, and the conferees expect that any funding

received will be used to offset future appropriations requirements. Funding of $6,000,000 is provided for the Utah Reclamation

Mitigation and Conservation Account. The conference agreement provides $109,378,000 for program direction, a reduction of $5,000,000 from the budget request.

FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND

The conference agreement includes $2,663,000, the same as the

budget request, for the Falcon and Amistad Operating and Maintenance Fund.

FEDERAL ENERGY REGULATORY COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $184,155,000, a $3,000,000

increase over the budget request for the Federal Energy Regulatory

Commission. The conference agreement also includes statutory language authorizing an additional five senior executive service positions for the Federal Energy Regulatory Commission. The conference agreement does not include bill language proposed by the

House prohibiting the use of funds to authorize construction of the

Gulfstream Natural Gas Project.

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The conferees direct the Commission to submit a report to Congress by January 31, 2002, on the economic impacts on western

utilities and ratepayers associated with the Commission’s emergency order imposing price caps on daily spot power sales resulting

from the inability of western load serving utilities to recover costs

from daily sales of excess power from long-term forward contracts.

GENERAL PROVISIONS

DEPARTMENT OF ENERGY

Sec. 301. The conference agreement includes a provision proposed by the House that none of the funds may be used to award

a management and operating contract unless such contract is

awarded using competitive procedures, or the Secretary of Energy

grants a waiver to allow for such a deviation. At least 60 days before the Secretary grants such a waiver, the Secretary must submit

a report setting forth, in specificity, the substantive reasons why

the requirement for competition should be waived. This language

slightly modifies a provision carried in previous Energy and Water

Development Appropriations Acts.

Sec. 302. The conference agreement includes a provision proposed by the House and Senate that none of the funds may be used

to prepare or implement workforce restructuring plans or provide

enhanced severance payments and other benefits and community

assistance grants for Federal employees of the Department of Energy under section 3161 of the National Defense Authorization Act

of Fiscal Year 1993, Public Law 102–484. This provision has been

carried in previous Energy and Water Development Appropriations

Acts.

Sec. 303. The conference agreement includes a provision proposed by the Senate that none of the funds may be used to augment the $20,000,000 made available for obligation for severance

payments and other benefits and community assistance grants unless the Department of Energy submits a reprogramming request

subject to approval by the appropriate Congressional committees.

This provision has been carried in previous Energy and Water Development Appropriations Acts.

Sec. 304. The conference agreement includes a provision proposed by the House and Senate that none of the funds may be used

to prepare or initiate Requests for Proposals for a program if the

program has not been funded by Congress in the current fiscal

year. This provision also precludes the Department from initiating

activities for new programs which have been proposed in the budget request, but which have not yet been funded by Congress. This

provision has been carried in previous Energy and Water Development Appropriations Acts.

(TRANSFERS OF UNEXPENDED BALANCES)

Sec. 305. The conference agreement includes a provision proposed by the House and Senate that permits the transfer and

merger of unexpended balances of prior appropriations with appropriation accounts established in this bill. This provision has been

carried in previous Energy and Water Development Appropriations

Acts.

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Sec. 306. The conference agreement includes language proposed by the House prohibiting the Bonneville Power Administration from performing 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 businesses. This provision has been carried in previous Energy and Water Development Appropriations Acts.

Sec. 307. The conference agreement amends section 308 as proposed by the House regarding notice and competition required for

Department of Energy user facilities.

Sec. 308. The conference agreement includes language limiting

the types of waste that can be disposed of in the Waste Isolation

Pilot Plant in New Mexico. None of the funds may be used to dispose of transuranic waste in excess of 20 percent plutonium by

weight for the aggregate of any material category. At the Rocky

Flats site, this provision includes ash residues; salt residues; wet

residues; direct repackage residues; and scrub alloy as referenced

in the ‘‘Final Environmental Impact Statement on Management of

Certain Plutonium Residues and Scrub Alloy Stored at the Rocky

Flats Environmental Technology Site’’. This provision has been carried in previous Energy and Water Development Appropriations

Acts.

Sec. 309. The conference agreement includes language proposed by the Senate allowing the Administrator of the National

Nuclear Security Administration to authorize certain nuclear weapons production plants to use not more than 2 percent of available

funds for research, development and demonstration activities. This

provision has been carried in previous Energy and Water Development Appropriations Acts.

Sec. 310. The conference agreement includes language proposed by the Senate allowing the Administrator of the National

Nuclear Security Administration to authorize the manager of the

Nevada Operations Office to use not more than 2 percent of available funds for research, development and demonstration activities

necessary for operations and readiness of the Nevada Test Site.

Sec. 311. The conference agreement includes language proposed by the Senate amending section 1 of Public Law 105–204

pertaining to depleted uranium hexafluoride by extending the date

to fiscal year 2005.

Sec. 312. The conference agreement modifies language proposed by the Senate prohibiting oil and gas drilling in the Finger

Lakes National Forest, New York. No Federal permit or lease shall

be issued during fiscal year 2002.

Provisions not adopted by the conference.—The conference

agreement deletes section 307 of the House bill and section 306 of

the Senate bill pertaining to LDRD.

The conference agreement deletes section 309 of the Senate bill

allowing each Federal power marketing administration to engage

in activities relating to the formation and operation of a regional

transmission organization.

The conference agreement deletes section 312 of the Senate bill

requiring the Secretary of Energy to conduct a study of alternative

financing approaches for infrastructure and facility construction

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projects at the Department of Energy. This reporting requirement

is addressed in the statement of the managers.

The conference agreement deletes section 313 of the Senate bill

requiring the Secretary of Energy to implement certain reporting

structures for the Paducah Gaseous Diffusion Plant in Kentucky.

This requirement is addressed in the statement of the managers.

The conference agreement deletes section 314 of the Senate bill

expressing the sense of the Senate on Yucca Mountain.

The conference agreement deletes section 315 of the Senate bill

pertaining to consultations with the State of South Carolina on the

disposition of plutonium. This issue is addressed in the statement

of the managers.

CONFERENCE RECOMMENDATIONS

The conference agreement’s detailed funding recommendations

for programs in title III are contained in the following table.

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149

150

151

152

153

154

155

156

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TITLE IV

INDEPENDENT AGENCIES

APPALACHIAN REGIONAL COMMISSION

The conference agreement includes $71,290,000 for the Appalachian Regional Commission as proposed by the House instead of

$66,290,000 as proposed by the Senate. The conferees support the

Appalachian-Turkish Trade Project to promote trade and investment opportunities. Funding of $5,000,000 has been provided for a

child development research center at the University of Alabama.

From within available funds, the conferees have provided

$250,000 for the University of Georgia to conduct a study to determine the feasibility of creating a commission to carry out a comprehensive program of economic and human resource development

of the so-called Black Belt Region.

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SALARIES AND EXPENSES

The conference agreement includes $18,500,000 for the Defense

Nuclear Facilities Safety Board as proposed by the House and Senate.

DELTA REGIONAL AUTHORITY

SALARIES AND EXPENSES

The conference agreement includes $10,000,000 for the Delta

Regional Authority instead of $20,000,000 as proposed by the Senate and no funding as proposed by the House. The conferees expect

the Authority to submit quarterly financial reports providing detailed accounting data on the expenditure of funds during fiscal

year 2002 and thereafter. The conferees also expect to receive from

the Authority a detailed budget justification if funds are requested

in fiscal year 2003.

DENALI COMMISSION

The conference agreement includes $38,000,000 for the Denali

Commission instead of $40,000,000 as proposed by the Senate and

no funding as proposed by the House. The conferees expect the

Denali Commission to submit quarterly financial reports providing

detailed accounting data on the expenditure of funds during fiscal

year 2002 and thereafter. The conferees also expect to receive from

the Commission a detailed budget justification if funds are requested in fiscal year 2003.

NUCLEAR REGULATORY COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $516,900,000 as proposed

by the House and the Senate, to be offset by revenues of

$473,520,000, as proposed by the House, for a net appropriation of

$43,380,000. This reflects the statutory language adopted by the

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conference in the prior fiscal year to reduce the fee recovery requirement to 96 percent in fiscal year 2002. The conference amount

provides an increase of $10,000,000 over the budget request, with

the standard formula for fee recovery being applied to this added

increment of funding.

The conference agreement includes language prohibiting the

implementation or enforcement of the revised 10 C.F.R. Part 35, as

adopted by the Nuclear Regulatory Commission on October 23,

2000, with respect to diagnostic nuclear medicine, except for those

parts of the new rule which establish revised training and experience requirements for persons seeking licensing as authorized

users, until after the Commission has provided a report to the

House and Senate Committees on Appropriations explaining why

the regulatory burden could not be reduced further in the new rule

without adversely affecting public health and safety. The conferees

direct the Commission to submit this report not later than January

31, 2002. The language included in the conference agreement is

only an interim measure until a more permanent solution can be

reached, either by the authorization committees or through a revised rulemaking.

OFFICE OF INSPECTOR GENERAL

The conference agreement includes $6,180,000 as proposed by the House, to be offset by revenues of $5,933,000, for a net appropriation of $247,000. This reflects the statutory language adopted

by the conference in the prior fiscal year to reduce the fee recovery

requirement to 96 percent in fiscal year 2002.

NUCLEAR WASTE TECHNICAL REVIEW BOARD

SALARIES AND EXPENSES

The conference agreement provides $3,100,000 as proposed by the House instead of $3,500,000 as proposed by the Senate.

TITLE V

GENERAL PROVISIONS

Sec. 501. The conference agreement includes language directing that none of the funds in 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 communicate to Members of Congress as described in section

1913 of title 18, United States Code. This provision has been carried in previous Energy and Water Development Appropriations

Acts.

Sec. 502. The conference agreement includes language regarding the purchase of American-made equipment and products, and

prohibiting contracts with persons falsely labeling products as

made in America. This provision has been carried in previous Energy and Water Development Appropriations Acts.

Sec. 503. The conference agreement modifies language proposed by the Senate to require the Secretary of the Army to conduct a study on the environmental effects of oil and gas drilling in

the Great Lakes and prohibit Federal and State issuance of perVerDate 11-MAY-2000 21:56 Oct 31, 2001 Jkt 075839 PO 00000 Frm 00159 Fmt 6602 Sfmt 6601 E:\HR\OC\HR258.XXX pfrm04 PsN: HR258
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mits or leases for new drilling from October 1, 2001 through September 30, 2003.

Provisions not adopted.—The conference agreement deletes

Section 503 of the House bill providing that no funds may be used

to determine the final point of discharge for the interceptor drain

for the San Luis Unit of the Central Valley Project until certain

conditions are met. This provision has been moved to Title II of the

bill as proposed by the Senate.

The conference agreement deletes Section 505 of the House bill

pertaining to the Buy American Act.

The conference agreement deletes Section 506 of the House bill

prohibiting the use of funds to drill for gas and oil in the Mosquito

Creek Reservoir in Ohio.

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CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year

2002 recommended by the Committee of Conference, with comparisons to the fiscal year 2001 amount, the 2002 budget estimates,

and the House and Senate bills for 2002 follow:

[In thousands of dollars]

New budget (obligational) authority, fiscal year 2001 ........................ $24,512,565

Budget estimates of new (obligational) authority, fiscal year 2002 23,008,002

House bill, fiscal year 2002 ................................................................... 24,195,000

Senate bill, fiscal year 2002 .................................................................. 25,448,837

Conference agreement, fiscal year 2002 .............................................. 25,086,000

Conference agreement compared with:

New budget (obligational) authority, fiscal year 2001 ................ +573,435

Budget estimates of new (obligational) authority, fiscal year

2002 .............................................................................................. +2,077,998

House bill, fiscal year 2002 ............................................................ +891,000

Senate bill, fiscal year 2002 ........................................................... ¥362,837

SONNY CALLAHAN,

HAROLD ROGERS,

RODNEY P. FRELINGHUYSEN,

TOM LATHAM,

ROGER F. WICKER,

ZACH WAMP,

JO ANN EMERSON,

JOHN T. DOOLITTLE,

BILL YOUNG,

PETER J. VISCLOSKY,

ED PASTOR,

JAMES E. CLYBURN,

LUCILLE ROYBAL-ALLARD, Managers on the Part of the House.

PETE V. DOMENICI,

THAD COCHRAN,

MITCH MCCONNELL,

ROBERT F. BENNETT,

CONRAD BURNS,

LARRY CRAIG,

TED STEVENS,

HARRY REID,

ROBERT C. BYRD,

FRITZ HOLLINGS,

PATTY MURRAY,

BYRON L. DORGAN,

DIANNE FEINSTEIN,

TOM HARKIN,

DANIEL K. INOUYE,

Managers on the Part of the Senate.

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