66–952

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–907

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

30, 2001, AND FOR OTHER PURPOSES

SEPTEMBER 27, 2000.—Ordered to be printed

Mr. PACKARD, from the Committee of Conference,

submitted the following

CONFERENCE REPORT

[To accompany H.R. 4733]

The committee of conference on the disagreeing votes of the

two Houses on the amendment of the Senate to the bill (H.R. 4733)

‘‘making appropriations for energy and water development for the

fiscal year ending September 30, 2001, 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, 2001, for energy and water development, and for other

purposes, namely:

TITLE I

DEPARTMENT OF DEFENSE—CIVIL

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS—CIVIL

The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief

of Engineers for authorized civil functions of the Department of the

Army pertaining to rivers and harbors, flood control, beach erosion,

and related purposes.
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, $160,038,000, to remain available until expended:

Provided, That in conducting the Southwest Valley Flood Damage

Reduction Study, Albuquerque, New Mexico, the Secretary of the

Army, acting through the Chief of Engineers, shall include an evaluation of flood damage reduction measures that would otherwise be

excluded from the feasibility analysis based on policies regarding

the frequency of flooding, the drainage areas, and the amount of

runoff: Provided further, That the Secretary of the Army is directed

to use $750,000 of the funds appropriated herein to continue

preconstruction engineering and design for the Murrieta Creek,

California flood protection and environmental restoration project in

accordance with Alternative 6, based on the Murrieta Creek feasibility report and environmental impact statement dated June 2000

at a total cost of $90,866,000, with an estimated Federal cost of

$59,063,900 and an estimated non-Federal cost of $31,803,100.

CONSTRUCTION, GENERAL

For the prosecution of river and harbor, flood control, shore

protection, and related projects authorized by laws; and detailed

studies, and plans and specifications, of projects (including those for

development with participation or under consideration for participation by States, local governments, or private groups) authorized or

made eligible for selection by law (but such studies shall not constitute a commitment of the Government to construction),

$1,695,699,000, to remain available until expended, of which such

sums as are necessary for the Federal share of construction costs for

facilities under the Dredged Material Disposal Facilities program

shall be derived from the Harbor Maintenance Trust Fund, as authorized by Public Law 104–303; and of which such sums as are

necessary pursuant to Public Law 99–662 shall be derived from the

Inland Waterways Trust Fund, for one-half of the costs of construction and rehabilitation of inland waterways projects, including rehabilitation costs for the Lock and Dam 12, Mississippi River, Iowa;

Lock and Dam 24, Mississippi River, Illinois and Missouri; Lock

and Dam 3, Mississippi River, Minnesota; and London Locks and

Dam, and Kanawha River, West Virginia, projects; and of which

funds are provided for the following projects in the amounts specified:

San Gabriel Basin Groundwater Restoration, California,

$25,000,000;

San Timoteo Creek (Santa Ana River Mainstem), California, $5,000,000;

Indianapolis Central Waterfront, Indiana, $10,000,000;

Southern and Eastern Kentucky, Kentucky, $4,000,000;

Clover Fork, Middlesboro, City of Cumberland, Town of

Martin, Pike County (including Levisa Fork and Tug Fork

Tributaries), Bell County, Martin County, and Harlan County,

Kentucky, elements of the Levisa and Tug Forks of the Big
3

Sandy River and Upper Cumberland River, Kentucky,

$20,000,000: Provided, That the Secretary of the Army, acting

through the Chief of Engineers, is directed to proceed with planning, engineering, design and construction of the Town of Martin, Kentucky, element, in accordance with Plan A as set forth

in the preliminary draft Detailed Project Report, Appendix T of

the General Plan of the Huntington District Commander; Jackson County, Mississippi, $2,000,000;

Bosque and Leon Rivers, Texas, $4,000,000; and

Upper Mingo County (including Mingo County Tributaries), Lower Mingo County (Kermit), Wayne County, and

McDowell County, elements of the Levisa and Tug Forks of the

Big Sandy River and Upper Cumberland River project in West

Virginia, $4,100,000: Provided further, That using $900,000 of the funds appropriated

herein, the Secretary of the Army, acting through the Chief of Engineers, is directed to undertake the Bowie County Levee project,

which is defined as Alternative B Local Sponsor Option, in the

Corps of Engineers document entitled Bowie County Local Flood

Protection, Red River, Texas, Project Design Memorandum No. 1,

Bowie County Levee, dated April 1997: Provided further, That no

part of any appropriation contained in this Act shall be expended

or obligated to begin Phase II of the John Day Drawdown study or

to initiate a study of the drawdown of McNary Dam unless authorized by law: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed hereafter to use

available Construction, General funds in addition to funding provided in Public Law 104–206 to complete design and construction

of the Red River Regional Visitors Center in the vicinity of Shreveport, Louisiana at an estimated cost of $6,000,000: Provided further, That section 101(b)(4) of the Water Resources Development Act

of 1996, is amended by striking ‘‘total cost of $8,600,000’’ and inserting in lieu thereof, ‘‘total cost of $15,000,000’’: Provided further,

That the Secretary of the Army, acting through the Chief of Engineers, is directed to use $3,000,000 of the funds appropriated herein

for additional emergency bank stabilization measures at Galena,

Alaska under the same terms and conditions as previous emergency

bank stabilization work undertaken at Galena, Alaska pursuant to

Section 116 of Public Law 99–190: Provided further, That with

$4,200,000 of the funds appropriated herein, the Secretary of the

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

construction of the Brunswick County Beaches, North CarolinaOcean Isle Beach portion in accordance with the General Reevaluation Report approved by the Chief of Engineers on May 15, 1998:

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

the Chief of Engineers, is directed to use not to exceed $300,000 of

funds appropriated herein to reimburse the City of Renton, Washington, at full Federal expense, for mitigation expenses incurred for

the flood control project constructed pursuant to 33 U.S.C. 701s at

Cedar River, City of Renton, Washington, as a result of over-dredging by the Army Corps of Engineers: Provided further, That

$2,000,000 of the funds appropriated herein shall be available for

stabilization and renovation of Lock and Dam 10, Kentucky River,

Kentucky, subject to enactment of authorization by law: Provided

further, That the Secretary of the Army, acting through the Chief
4

of Engineers, is directed to use $3,000,000 of the funds appropriated

herein to initiate construction of a navigation project at

Kaumalapau Harbor, Hawaii: Provided further, That the Secretary

of the Army is directed to use $2,000,000 of the funds provided herein for Dam Safety and Seepage/Stability Correction Program to design and construct seepage control features at Waterbury Dam,

Winooski River, Vermont: Provided further, That the Secretary of

the Army, acting through the Chief of Engineers, is directed to design and construct barge lanes at the Houston-Galveston Navigation

Channels, Texas, project, immediately adjacent to either side of the

Houston Ship Channel, from Bolivar Roads to Morgan Point, to a

depth of 12 feet with prior years’ Construction, General carry-over

funds: Provided further, That the Secretary of the Army, acting

through the Chief of Engineers, may use Construction, General

funding as directed in Public Law 105–62 and Public Law 105–245

to initiate construction of an emergency outlet from Devils Lake,

North Dakota, to the Sheyenne River, except that the funds shall not

become available unless the Secretary of the Army determines that

an emergency (as defined in section 102 of the Robert T. Stafford

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) exists with respect to the emergency need for the outlet and reports to

Congress that the construction is technically sound, economically

justified, and environmentally acceptable, and in compliance with

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et

seq.): Provided further, That the economic justification for the emergency outlet shall be prepared in accordance with the principles and

guidelines for economic evaluation as required by regulations and

procedures of the Army Corps of Engineers for all flood control

projects, and that the economic justification be fully described, including the analysis of the benefits and costs, in the project plan

documents: Provided further, That the plans for the emergency outlet shall be reviewed and, to be effective, shall contain assurances

provided by the Secretary of State, after consultation with the International Joint Commission, that the project will not violate the requirements or intent of the Treaty Between the United States and

Great Britain Relating to Boundary Waters Between the United

States and Canada, signed at Washington, January 11, 1909 (36

Stat. 2448; TS 548) (commonly known as the ‘‘Boundary Waters

Treaty of 1909’’): Provided further, That the Secretary of the Army

shall submit the final plans and other documents for the emergency

outlet to Congress: Provided further, That no funds made available

under this Act or any other Act for any fiscal year may be used by

the Secretary of the Army to carry out the portion of the feasibility

study of the Devils Lake Basin, North Dakota, authorized under the

Energy and Water Development Appropriations Act, 1993 (Public

Law 102–377), that addresses the needs of the area for stabilized

lake levels through inlet controls, or to otherwise study any facility

or carry out any activity that would permit the transfer of water

from the Missouri River Basin into Devils Lake.

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

For expenses necessary for prosecuting work of flood control,

and rescue work, repair, restoration, or maintenance of flood control
5

projects threatened or destroyed by flood, as authorized by law (33

U.S.C. 702a and 702g–1), $347,731,000, to remain available until

expended: Provided, That the Secretary of the Army is directed to

complete his analysis and determination of Federal maintenance of

the Greenville Inner Harbor, Mississippi navigation project in accordance with Section 509 of the Water Resources Development Act

of 1996.

OPERATION AND MAINTENANCE, GENERAL

For expenses necessary for the preservation, operation, maintenance, and care of existing river and harbor, flood control, and related works, including such sums as may be necessary for the maintenance of harbor channels provided by a State, municipality or

other public agency, outside of harbor lines, and serving essential

needs of general commerce and navigation; surveys and charting of

northern and northwestern lakes and connecting waters; clearing

and straightening channels; and removal of obstructions to navigation, $1,901,959,000, to remain available until expended, of which

such sums as become available in the Harbor Maintenance Trust

Fund, pursuant to Public Law 99–662, may be derived from that

Fund, and of which such sums as become available from the special

account established by the Land and Water Conservation Act of

1965, as amended (16 U.S.C. 460l), may be derived from that account for construction, operation, and maintenance of outdoor recreation facilities: Provided, That the Secretary of the Army, acting

through the Chief of Engineers, from the funds provided herein for

the operation and maintenance of New York Harbor, New York, is

directed to prepare the necessary documentation and initiate removal of submerged obstructions and debris in the area previously

marked by the Ambrose Light Tower in the interest of safe navigation: Provided further, That the Secretary of the Army is directed

to use $500,000 of funds appropriated herein to remove and reinstall the docks and causeway, in kind, at Astoria East Boat

Basin, Oregon: Provided further, That $500,000 of the funds appropriated herein for the Ohio River Open Channel, Illinois, Kentucky,

Indiana, Ohio, West Virginia, and Pennsylvania, project, are provided for the Secretary of the Army, acting through the Chief of Engineers, to dredge a channel from the mouth of Wheeling Creek to

Tunnel Green Park in Wheeling, West Virginia.

REGULATORY PROGRAM

For expenses necessary for administration of laws pertaining to

regulation of navigable waters and wetlands, $125,000,000, to remain available until expended: Provided, That the Secretary of the

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

funds appropriated herein to: (1) by March 1, 2001, supplement the

report, Cost Analysis For the 1999 Proposal to Issue and Modify

Nationwide Permits, to reflect the Nationwide Permits actually

issued on March 9, 2000, including changes in the acreage limits,

preconstruction notification requirements and general conditions between the rule proposed on July 21, 1999, and the rule promulgated

and published in the Federal Register; (2) after consideration of the

cost analysis for the 1999 proposal to issue and modify nationwide

permits and the supplement prepared pursuant to this Act and by
6

September 30, 2001, prepare, submit to Congress and publish in the

Federal Register a Permit Processing Management Plan by which

the Corps of Engineers will handle the additional work associated

with all projected increases in the number of individual permit applications and preconstruction notifications related to the new and

replacement permits and general conditions. The Permit Processing

Management Plan shall include specific objective goals and criteria

by which the Corps of Engineers’ progress towards reducing any

permit backlog can be measured; (3) beginning on December 31,

2001, and on a biannual basis thereafter, report to Congress and

publish in the Federal Register, an analysis of the performance of

its program as measured against the criteria set out in the Permit

Processing Management Plan; (4) implement a 1-year pilot program

to publish quarterly on the U.S. Army Corps of Engineer’s Regulatory Program website all Regulatory Analysis and Management

Systems (RAMS) data for the South Pacific Division and North Atlantic Division beginning within 30 days of the enactment of this

Act; and (5) publish in Division Office websites all findings, rulings,

and decisions rendered under the administrative appeals process for

the Corps of Engineers Regulatory Program as established in Public

Law 106–60: Provided further, That, through the period ending on

September 30, 2003, the Corps of Engineers shall allow any appellant to keep a verbatim record of the proceedings of the appeals conference under the aforementioned administrative appeals process:

Provided further, That within 30 days of the enactment of this Act,

the Secretary of the Army, acting through the Chief of Engineers,

shall require all U.S. Army Corps of Engineers Divisions and Districts to record the date on which a Section 404 individual permit

application or nationwide permit notification is filed with the Corps

of Engineers: Provided further, That the Corps of Engineers, when

reporting permit processing times, shall track both the date a permit

application is first received and the date the application is considered complete, as well as the reason that the application is not considered complete upon first submission.

FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

For expenses necessary to clean up contamination from sites

throughout the United States resulting from work performed as part

of the Nation’s early atomic energy program, $140,000,000, to remain available until expended.

GENERAL EXPENSES

For expenses necessary for general administration and related

functions in the Office of the Chief of Engineers and offices of the

Division Engineers; activities of the Coastal Engineering Research

Board, the Humphreys Engineer Center Support Activity, the Water

Resources Support Center, and headquarters support functions at

the USACE Finance Center, $152,000,000, to remain available until

expended: Provided, That no part of any other appropriation provided in title I of this Act 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 con-
7

gressional affairs within the executive office of the Chief of Engineers.

REVOLVING FUND

Amounts in the Revolving Fund are available for the costs of

relocating the U.S. Army Corps of Engineers headquarters to office

space in the General Accounting Office headquarters building in

Washington, D.C.

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) The Secretary of the Army shall enter into an

agreement with the City of Grand Prairie, Texas, wherein the City

agrees to assume all of the responsibilities of the Trinity River Authority of Texas under Contract No. DACW63–76–C–0166, other

than financial responsibilities, except as provided for in subsection

(c) of this section. The Trinity River Authority shall be relieved of

all of its financial responsibilities under the Contract as of the date

the Secretary of the Army enters into the agreement with the City.

(b) In consideration of the agreement referred to in subsection

(a), the City shall pay the Federal Government a total of $4,290,000

in two installments, one in the amount of $2,150,000, which shall

be due and payable no later than December 1, 2000, and one in the

amount of $2,140,000, which shall be due and payable no later than

December 1, 2003.

(c) The agreement executed pursuant to subsection (a) shall include a provision requiring the City to assume all costs associated

with operation and maintenance of the recreation facilities included

in the Contract referred to in that subsection.

SEC. 102. 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 reimbursements 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.
8

SEC. 103. None of the funds made available in this Act may be

used to revise the Missouri River Master Water Control Manual

when it is made known to the Federal entity or official to which the

funds are made available that such revision provides for an increase in the springtime water release program during the spring

heavy rainfall and snow melt period in States that have rivers

draining into the Missouri River below the Gavins Point Dam.

SEC. 104. ST. GEORGES BRIDGE, DELAWARE. None of the funds

made available by this Act may be used to carry out any activity

relating to closure or removal of the St. Georges Bridge across the

Chesapeake and Delaware Canal, Delaware, including a hearing or

any other activity relating to preparation of an environmental impact statement concerning the closure or removal.

SEC. 105. Within available funds under title I, the Secretary of

the Army, acting through the Chief of Engineers, shall provide up

to $7,000,000 to replace and upgrade the dam in Kake, Alaska

which collapsed July 2000, to provide drinking water and

hydroelectricity.

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, $38,724,000, to remain available until expended, of which $19,566,000 shall be deposited into the Utah Reclamation Mitigation and Conservation Account: Provided, That of

the amounts deposited into that account, $5,000,000 shall be considered the Federal contribution authorized by paragraph 402(b)(2) of

the Central Utah Project Completion Act and $14,158,000 shall be

available to the Utah Reclamation Mitigation and Conservation

Commission to carry out activities authorized under that Act.

In addition, for necessary expenses incurred in carrying out re- lated responsibilities of the Secretary of the Interior, $1,216,000, 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, $678,450,000, to remain available until expended, of

which $1,916,000 shall be available for transfer to the Upper Colorado River Basin Fund and $39,467,000 shall be available for
9

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 $16,000,000 shall be for onreservation water development, feasibility studies, and related administrative costs under Public Law 106–163; of which not more

than 25 percent of the amount provided for drought emergency assistance may be used for financial assistance for the preparation of

cooperative drought contingency plans under Title II of Public Law

102–250; 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. 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 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 ‘‘2000, and 2001’’ in

lieu of ‘‘and 2000’’: Provided further, That the amount authorized

for Indian municipal, rural, and industrial water features by section 10 of Public Law 89–108, as amended by section 8 of Public

Law 99–294, section 1701(b) of Public Law 102–575, Public Law

105–245, and Public Law 106–60 is increased by $2,000,000 (October 1998 prices): Provided further, That the amount authorized for

Minidoka Project North Side Pumping Division, Idaho, by section

5 of Public Law 81–864, is increased by $2,805,000: Provided further, That the Reclamation Safety of Dams Act of 1978 (43 U.S.C.

509) is amended as follows: (1) by inserting in Section 4(c) after

‘‘1984,’’ and before ‘‘costs’’ the following: ‘‘and the additional

$95,000,000 further authorized to be appropriated by amendments

to that Act in 2000,’’; (2) by inserting in Section 5 after ‘‘levels),’’ and

before ‘‘plus’’ the following: ‘‘and, effective October 1, 2000, not to exceed an additional $95,000,000 (October 1, 2000, price levels),’’; and

(3) by striking ‘‘sixty days (which’’ and all that follows through ‘‘day

certain)’’ and inserting in lieu thereof ‘‘30 calendar days’’.

BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

For the cost of direct loans and/or grants, $8,944,000, 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 $27,000,000.
10

In addition, for administrative expenses necessary to carry out

the program for direct loans and/or grants, $425,000, 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, $38,382,000, 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.

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, $50,224,000, 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. 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. 202. Funds under this title for Drought Emergency Assistance shall be made available primarily for leasing of water for specified 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 such 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.

SEC. 203. Beginning in fiscal year 2001 and thereafter, the Secretary of the Interior shall assess and collect annually from Central

Valley Project (CVP) water and power contractors the sum of

$540,000 (June 2000 price levels) and remit, without further appro-
11

priation, the amount collected annually to the Trinity Public Utilities District (TPUD). This assessment shall be payable 70 percent

by CVP Preference Power Customers and 30 percent by CVP Water

Contractors. The CVP Water Contractor share of this assessment

shall be collected by the Secretary through established Bureau of

Reclamation (Reclamation) Operation and Maintenance ratesetting

practices. The CVP Power Contractor share of this assessment shall

be assessed by Reclamation to the Western Area Power Administration, Sierra Nevada Region (Western), and collected by Western

through established power ratesetting practices.

SEC. 204. (a) IN GENERAL.—For fiscal year 2001 and each fiscal

year thereafter, the Secretary of the Interior shall continue funding,

from power revenues, the activities of the Glen Canyon Dam Adaptive Management Program as authorized by section 1807 of the

Grand Canyon Protection Act of 1992 (106 Stat. 4672), at not more

than $7,850,000 (October 2000 price level), adjusted in subsequent

years to reflect changes in the Consumer Price Index for All Urban

Consumers published by the Bureau of Labor Statistics of the Department of Labor.

(b) VOLUNTARY CONTRIBUTIONS.—Nothing in this section precludes the use of voluntary financial contributions (except power

revenues) to the Adaptive Management Program that may be authorized by law.

(c) ACTIVITIES TO BE FUNDED.—The activities to be funded as

provided under subsection (a) include activities required to meet the

requirements of section 1802(a) and subsections (a) and (b) of section 1805 of the Grand Canyon Protection Act of 1992 (106 Stat.

4672), including the requirements of the Biological Opinion on the

Operation of Glen Canyon Dam and activities required by the Programmatic Agreement on Cultural and Historic Properties, to the

extent that the requirements and activities are consistent with the

Grand Canyon Protection Act of 1992 (106 Stat. 4672).

(d) ADDITIONAL FUNDING.—To the extent that funding under

subsection (a) is insufficient to pay the costs of the monitoring and

research and other activities of the Glen Canyon Dam Adaptive

Management Program, the Secretary of the Interior may use funding from other sources, including funds appropriated for that purpose. All such appropriated funds shall be nonreimbursable and

nonreturnable.

SEC. 205. The Secretary of the Interior is authorized and directed 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 (96 Stat. 1226, 1272;

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 (101

Stat. 1330–268; 43 U.S.C. 390ww(i)).

SEC. 206. CANYON FERRY RESERVOIR, MONTANA. (a) APPRAISALS.—Section 1004(c)(2)(B) of title X of division C of the Omnibus

Consolidated and Emergency Supplemental Appropriations Act,

1999 (112 Stat. 2681–713; 113 Stat. 1501A–307) is amended—
12

(1) in clause (i), by striking ‘‘be based on’’ and inserting

‘‘use’’;

(2) in clause (vi), by striking ‘‘Notwithstanding any other

provision of law,’’ and inserting ‘‘To the extent consistent with

the Uniform Appraisal Standards for Federal Land Acquisition,’’; and

(3) by adding at the end the following:

‘‘(vii) APPLICABILITY.—This subparagraph shall apply to

the extent that its application is practicable and consistent with

the Uniform Appraisal Standards for Federal Land Acquisition.’’.

(b) TIMING.—Section 1004(f)(2) of title X of division C of the

Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (112 Stat. 2681–714; 113 Stat. 1501A–308) is

amended by inserting after ‘‘Act,’’ the following: ‘‘in accordance with

all applicable law,’’.

(c) INTEREST.—Section 1008(b) of title X of division C of the

Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (112 Stat. 2681–717; 113 Stat. 1501A–310) is

amended by striking paragraph (4).

SEC. 207. Beginning in fiscal year 2000 and thereafter, any

amounts provided for the Newlands Water Rights Fund for purchasing and retiring water rights in the Newlands Reclamation

Project shall be non-reimbursable.

SEC. 208. USE OF COLORADO-BIG THOMPSON PROJECT FACILI- TIES FOR NONPROJECT WATER. The Secretary of the Interior may

enter into contracts with the city of Loveland, Colorado, or its Water

and Power Department or any other agency, public utility, or enterprise of the city, providing for the use of facilities of the ColoradoBig Thompson Project, Colorado, under the Act of February 21,

1911 (43 U.S.C. 523), for—

(1) the impounding, storage, and carriage of nonproject

water originating on the eastern slope of the Rocky Mountains

for domestic, municipal, industrial, and other beneficial purposes; and

(2) the exchange of water originating on the eastern slope

of the Rocky Mountains for the purposes specified in paragraph

(1), using facilities associated with the Colorado-Big Thompson

Project, Colorado.

SEC. 209. AMENDMENT TO IRRIGATION PROJECT CONTRACT EXTENSION ACT OF 1998. (a) Section 2(a) of the Irrigation Project Contract Extension Act of 1998, Public Law 105–293, is amended by

striking the date ‘‘December 31, 2000’’, and inserting in lieu thereof

the date ‘‘December 31, 2003’’; and

(b) Subsection 2(b) of the Irrigation Project Contract Extension

Act of 1998, Public Law 105–293, is amended by—

(1) striking the phrase ‘‘not to go beyond December 31,

2001’’, and inserting in lieu thereof the phrase ‘‘not to go beyond

December 31, 2003’’; and

(2) striking the phrase ‘‘terminates prior to December 31,

2000’’, and inserting in lieu thereof ‘‘terminates prior to December 31, 2003’’.

SEC. 210. Section 202 of Division B, Title I, Chapter 2 of Public

Law 106–246 is amended by adding at the end the following: ‘‘This

section shall be effective through September 30, 2001.’’.
13

SEC. 211. Section 106 of the San Luis Rey Indian Water Rights

Settlement Act (Public Law 100–675; 102 Stat. 4000 et seq.) is

amended by adding at the end the following new subsection:

‘‘(f) REQUIREMENT TO RESERVE AND FURNISH WATER.—Notwithstanding any other provision of law, the Secretary, acting

through the Commissioner of Reclamation, shall permanently reserve and furnish annually the following:

‘‘(1) WATER.—The first 16,000 acre-feet of any water conserved by the works authorized by title II, to the Indian Water

Authority and the local entities in accordance with the settlement agreement.

‘‘(2) CAPACITY AND ENERGY.—Capacity and energy from the

Parker-Davis Project at the rates established for project use

power sufficient to convey water conserved pursuant to paragraph (1) from Lake Havasu through the Colorado River Aqueduct to Lake Matthews and to the places of use on the Bands

reservations or in the local entities service area in accordance

with the settlement agreement.

Water conserved pursuant to paragraph (1) may be used on the

Bands’ reservations or in the local entities’ service areas, leased for

use outside the Bands’ reservations or the local entities’ service

areas, or exchanged for water from other sources for use by the

Bands, the Indian Water Authority, or the local entities, in accordance with the settlement agreement.’’.

SEC. 212. (a) DEFINITIONS.—For the purpose of this section, the

term—

(1) ‘‘Secretary’’ means the Secretary of the Interior;

(2) ‘‘Sly Park Unit’’ means the Sly Park Dam and Reservoir, Camp Creek Diversion Dam and Tunnel, and conduits

and canals as authorized under the American River Act of October 14, 1949 (63 Stat. 853), including those used to convey,

treat, and store water delivered from Sly Park, as well as all

recreation facilities thereto; and

(3) ‘‘District’’ means the El Dorado Irrigation District.

(b) IN GENERAL.—The Secretary shall, as soon as practicable

after date of the enactment of this Act and in accordance with all

applicable law, transfer all right, title, and interest in and to the

Sly Park Unit to the District.

(c) SALE PRICE.—The Secretary is authorized to receive from the

District $2,000,000 to relieve payment obligations and extinguish

the debt under contract number 14–06–200–949IR3, and $9,500,000

to relieve payment obligations and extinguish all debts associated

with contracts numbered 14–06–200–7734, as amended by contracts

numbered 14–06–200–4282A and 14–06–200–8536A. Notwithstanding the preceding sentence, the District shall continue to make

payments required by section 3407(c) of Public Law 102–575

through year 2029.

(d) CREDIT REVENUE TO PROJECT REPAYMENT.—Upon payment

authorized under subsection (b), the amount paid shall be credited

toward repayment of capital costs of the Central Valley Project in

an amount equal to the associated undiscounted obligation.

(e) FUTURE BENEFITS.—Upon payment, the Sly Park Unit shall

no longer be a Federal reclamation project or a unit of the Central

Valley Project, and the District shall not be entitled to receive any

further reclamation benefits.
14

(f) LIABILITY.—Except as otherwise provided by law, effective on

the date of conveyance of the Sly Park Unit under this Act, the

United States shall not be liable for damages of any kind arising

out of any act, omission, or occurrence based on its prior ownership

or operation of the conveyed property.

(g) COSTS.—All costs, including interest charges, associated

with the Project that have been included as a reimbursable cost of

the Central Valley Project are declared to be nonreimbursable and

nonreturnable.

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, and uranium supply

and enrichment 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, $660,574,000 to remain available until expended: Provided, That, in addition, royalties received to compensate the Department of Energy for its participation in the FirstOf-A-Kind-Engineering program shall be credited to this account to

be available until September 30, 2002, for the purposes of Nuclear

Energy, Science and Technology activities.

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,

$277,812,000, to remain available until expended.

URANIUM FACILITIES MAINTENANCE AND REMEDIATION

(INCLUDING TRANSFER OF FUNDS)

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

$393,367,000, of which $345,038,000 shall be derived from the Uranium Enrichment Decontamination and Decommissioning Fund, all

of which shall remain available until expended: Provided, That

$72,000,000 of amounts derived from the Fund for such expenses

shall be available in accordance with title X, subtitle A, of the Energy Policy Act of 1992.
15

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 58 passenger motor vehicles for replacement only, $3,186,352,000, 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, $191,074,000, to remain available until expended and to be derived from the Nuclear

Waste Fund: Provided, That not to exceed $2,500,000 may 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 by the Secretary in carrying out activities authorized

by the Nuclear Waste Policy Act of 1982 in Public Law 97–425, as

amended, including but not limited to, any proceeds from the sale

of assets, shall be available without further appropriation and shall

remain available until expended.

DEPARTMENTAL ADMINISTRATION

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 re-
16

ception and representation expenses (not to exceed $35,000),

$226,107,000, 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 $151,000,000 in fiscal year 2001 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 2001 so as to result in a final fiscal year 2001 appropriation from the General Fund estimated at not more than

$75,107,000.

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, $31,500,000, 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 passenger motor vehicles (not to exceed 12 for replacement only), $5,015,186,000, to remain available until expended:

Provided: That, $130,000,000 shall be immediately available for

Project 96–D–111, the National Ignition Facility at Lawrence Livermore National Laboratory: Provided further, That $69,100,000 shall

be available only upon a certification by the Administrator of the

National Nuclear Security Administration to the Congress after

March 31, 2001, that (a) includes a recommendation on an appropriate path forward for the project; (b) certifies all established

project and scientific milestones have been met on schedule and on

cost; (c) certifies the first and second quarter project reviews in fiscal

year 2001 determined the project to be on schedule and cost; (d) includes a study of requirements for and alternatives to a 192 beam

ignition facility for maintaining the safety and reliability of the current nuclear weapons stockpile; (e) certifies an integrated cost-schedule earned-value project control system has been fully implemented;

and (f) includes a five-year budget plan for the stockpile stewardship program.
17

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.

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

property or any facility or for plant or facility acquisition, construction, or expansion, $874,196,000, to remain available until expended: Provided, That not to exceed $7,000 may be used for official

reception and representation expenses for national security and nonproliferation (including transparency) activities in fiscal year 2001.

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, $690,163,000,

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 $5,000), $10,000,000,

to remain available until expended.

OTHER DEFENSE RELATED 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 30 passenger motor vehicles

for replacement only, $4,974,476,000, 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, $1,082,714,000, 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
18

(42 U.S.C. 7101 et seq.), $65,000,000, 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

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

facility acquisition, construction, or expansion, $585,755,000, to remain available until expended, of which $17,000,000 shall be for

the Department of Energy Employees Compensation Initiative upon

enactment of authorization legislation into law.

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, $200,000,000, 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 the

Nez Perce Tribe Resident Fish Substitution Program, the Cour

D’Alene Tribe Trout Production facility, and for official reception

and representation expenses in an amount not to exceed $1,500.

During fiscal year 2001, no new direct loan obligations may be

made. Section 511 of the Energy and Water Development Appropriations Act, 1997 (Public Law 104–206), is amended by striking the

last sentence and inserting, ‘‘This authority shall expire January 1,

2003.’’.

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, $3,900,000,

to remain available until expended; in addition, notwithstanding

the provisions of 31 U.S.C. 3302, amounts 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 as follows: for fiscal year 2001, up to $34,463,000; for

fiscal year 2002, up to $26,463,000; for fiscal year 2003, up to

$20,000,000; and for fiscal year 2004, up to $15,000,000.
19

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, $28,100,000, to remain available until

expended; in addition, notwithstanding the provisions of 31 U.S.C.

3302, not to exceed $4,200,000 in reimbursements, to remain available until expended: Provided, That amounts 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 as follows: for fiscal year 2001, up to $288,000; for fiscal year 2002, up to $288,000; for fiscal year 2003, up to $288,000;

and for fiscal year 2004, up to $288,000.

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,

$165,830,000, to remain available until expended, of which

$154,616,000 shall be derived from the Department of the Interior

Reclamation Fund: Provided, That of the amount herein appropriated, $5,950,000 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 amounts 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 as follows: for

fiscal year 2001, up to $65,224,000; for fiscal year 2002, up to

$33,500,000; for fiscal year 2003, up to $30,000,000; and for fiscal

year 2004, up to $20,000,000.

FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND

For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $2,670,000, 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.
20

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),

$175,200,000, to remain available until expended: Provided, That

notwithstanding any other provision of law, not to exceed

$175,200,000 of revenues from fees and annual charges, and other

services and collections in fiscal year 2001 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 2001 so as to result in a final fiscal year

2001 appropriation from the General Fund estimated at not more

than $0.

RESCISSIONS

DEFENSE NUCLEAR WASTE DISPOSAL

(RESCISSION)

Of the funds appropriated in Public Law 104–46 for interim

storage of nuclear waste, $75,000,000 are transferred to this heading and are hereby rescinded.

DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION

(RESCISSION)

Of the funds appropriated in Public Law 106–60 and prior Energy and Water Development Acts for the Tank Waste Remediation

System at Richland, Washington, $97,000,000 of unexpended balances of prior appropriations are rescinded.

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 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, amendment, or

modification 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 the reasons for the waiver.

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

used to—
21

(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; 106 Stat. 2644; 42 U.S.C.

7274h).

SEC. 303. None of the funds appropriated by this Act may be

used to augment the $24,500,000 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; 106 Stat.

2644; 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. Of the funds in this Act provided to governmentowned, contractor-operated laboratories, not to exceed 6 percent

shall be available to be used for Laboratory Directed Research and

Development.

SEC. 307. (a) Of the funds appropriated by this title to the Department of Energy, not more than $185,000,000 shall be available

for reimbursement of management and operating contractor travel

expenses, of which $10,000,000 is available for use by the Chief Financial Officer of the Department of Energy for emergency travel expenses.

(b) Funds appropriated by this title to the Department of Energy may be used to reimburse a Department of Energy management and operating contractor for travel costs of its employees

under the contract only to the extent that the contractor applies to

its employees the same rates and amounts as those that apply to

Federal employees under subchapter I of chapter 57 of title 5,

United States Code, or rates and amounts established by the Secretary of Energy. The Secretary of Energy may provide exceptions to

the reimbursement requirements of this section as the Secretary considers appropriate.

(c) The limitation in subsection (a) shall not apply to reimbursement of management and operating contractor travel expenses within the Laboratory Directed Research and Development program.

SEC. 308. No funds are provided in this Act or any other Act

for the Administrator of the Bonneville Power Administration to

enter into any agreement to perform energy efficiency services outside the legally defined Bonneville service territory, with the exception of services provided internationally, including services provided
22

on a reimbursable basis, unless the Administrator certifies that

such services are not available from private sector businesses.

SEC. 309. 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. 310. 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.

(4) The Savannah River Plant, South Carolina.

SEC. 311. Notwithstanding any other law, and without fiscal

year limitation, each Federal Power Marketing Administration is

authorized to engage in activities and solicit, undertake and review

studies and proposals relating to the formation and operation of a

regional transmission organization.

SEC. 312. Not more than $10,000,000 of funds previously appropriated for interim waste storage activities for Defense Nuclear

Waste Disposal in Public Law 104–46, the Energy and Water Development Appropriations Act, 1996, may be made available to the Department of Energy upon written certification by the Secretary of

Energy to the House and Senate Committees on Appropriations that

the Site Recommendation Report cannot be completed on time without additional funding.

SEC. 313. TERM OF OFFICE OF PERSON FIRST APPOINTED AS

UNDER SECRETARY FOR NUCLEAR SECURITY OF THE DEPARTMENT

OF ENERGY. (a) LENGTH OF TERM.—The term of office as Under Secretary for Nuclear Security of the Department of Energy of the first

person appointed to that position shall be three years.

(b) EXCLUSIVE REASONS FOR REMOVAL.—The exclusive reasons

for removal from office as Under Secretary for Nuclear Security of

the person described in subsection (a) shall be inefficiency, neglect

of duty, or malfeasance in office.

(c) POSITION DESCRIBED.—The position of Under Secretary for

Nuclear Security of the Department of Energy referred to in this section is the position established by subsection (c) of section 202 of the
23

Department of Energy Organization Act (42 U.S.C. 7132), as added

by section 3202 of the National Nuclear Security Administration Act

(title XXXII of Public Law 106–65; 113 Stat. 954).

SEC. 314. SCOPE OF AUTHORITY OF SECRETARY OF ENERGY TO

MODIFY ORGANIZATION OF NATIONAL NUCLEAR SECURITY ADMINIS- TRATION. (a) SCOPE OF AUTHORITY.—Subtitle A of the National Nuclear Security Administration Act (title XXXII of Public Law 106–

65; 113 Stat. 957; 50 U.S.C. 2401 et seq.) is amended by adding at

the end the following new section:

‘‘SEC. 3219. SCOPE OF AUTHORITY OF SECRETARY OF ENERGY TO MODIFY ORGANIZATION OF ADMINISTRATION.

‘‘Notwithstanding the authority granted by section 643 of the

Department of Energy Organization Act (42 U.S.C. 7253) or any

other provision of law, the Secretary of Energy may not establish,

abolish, alter, consolidate, or discontinue any organizational unit or

component, or transfer any function, of the Administration, except

as authorized by subsection (b) or (c) of section 3291.’’.

(b) CONFORMING AMENDMENTS.—Section 643 of the Department

of Energy Organization Act (42 U.S.C. 7253) is amended—

(1) by striking ‘‘The Secretary’’ and inserting ‘‘(a) Subject to

subsection (b), the Secretary’’; and

(2) by adding at the end the following new subsection:

‘‘(b) The authority of the Secretary to establish, abolish, alter,

consolidate, or discontinue any organizational unit or component of

the National Nuclear Security Administration is governed by the

provisions of section 3219 of the National Nuclear Security Administration Act (title XXXII of Public Law 106–65).’’.

SEC. 315. PROHIBITION ON PAY OF PERSONNEL ENGAGED IN

CONCURRENT SERVICE OR DUTIES INSIDE AND OUTSIDE NATIONAL

NUCLEAR SECURITY ADMINISTRATION. Subtitle C of the National

Nuclear Security Administration Act (title XXXII of Public Law

106–65; 50 U.S.C. 2441 et seq.) is amended by adding at the end

the following new section:

‘‘SEC. 3245. PROHIBITION ON PAY OF PERSONNEL ENGAGED IN CONCURRENT SERVICE OR DUTIES INSIDE AND OUTSIDE ADMINISTRATION.

‘‘(a) Except as otherwise expressly provided by statute, no funds

authorized to be appropriated or otherwise made available for the

Department of Energy may be obligated or utilized to pay the basic

pay of an officer or employee of the Department of Energy who—

‘‘(1) serves concurrently in a position in the Administration

and a position outside the Administration; or

‘‘(2) performs concurrently the duties of a position in the

Administration and the duties of a position outside the Administration.’’

‘‘(b) The provision of this section shall take effect 60 days after

the date of enactment of this section.’’.

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,
24

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, $66,400,000, 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 to establish the Delta Regional Authority and to carry out its activities, $20,000,000, 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, $30,000,000, 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), $481,900,000, to remain available until expended: Provided, That of the amount appropriated herein, $21,600,000 shall be derived from the Nuclear Waste

Fund: Provided further, That revenues from licensing fees, inspection services, and other services and collections estimated at

$447,958,000 in fiscal year 2001 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 $3,200,000 of the funds herein appropriated for regulatory reviews and assistance to other Federal agencies and States

shall be excluded from license fee revenues, notwithstanding 42

U.S.C. 2214: Provided further, That the sum herein appropriated

shall be reduced by the amount of revenues received during fiscal

year 2001 so as to result in a final fiscal year 2001 appropriation

estimated at not more than $33,942,000.

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, $5,500,000, to remain available until expended: Provided,
25

That revenues from licensing fees, inspection services, and other

services and collections estimated at $5,390,000 in fiscal year 2001

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 2001

so as to result in a final fiscal year 2001 appropriation estimated

at not more than $110,000.

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,

$2,900,000, to be derived from the Nuclear Waste Fund, and to remain available until expended.

TITLE V

FISCAL YEAR 2001 EMERGENCY APPROPRIATIONS

DEPARTMENT OF ENERGY

ATOMIC ENERGY DEFENSE ACTIVITIES

CERRO GRANDE FIRE ACTIVITIES

For necessary expenses to remediate damaged Department of

Energy facilities and for other expenses associated with the Cerro

Grande fire, $203,460,000, to remain available until expended, of

which $2,000,000 shall be made available to the United States

Army Corps of Engineers to undertake immediate measures to provide erosion control and sediment protection to sewage lines, trails,

and bridges in Pueblo and Los Alamos Canyons downstream of Diamond Drive in New Mexico: Provided, That the entire amount

shall be available only to the extent an official budget request for

$203,460,000, that includes designation of the entire amount of the

request as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, is

transmitted by the President to the Congress: Provided further, That

the entire amount is designated by the Congress as an emergency

requirement pursuant to section 251(b)(2)(A) of the Balanced Budget

and Emergency Deficit Control Act of 1985, as amended.

INDEPENDENT AGENCIES

APPALACHIAN REGIONAL COMMISSION

For necessary expenses to carry out the programs authorized by

the Appalachian Regional Development Act of 1965, as amended,

$11,000,000, to remain available until expended, which shall be

available only to the extent an official budget request for

$11,000,000, that includes designation of the entire amount of the

request as an emergency requirement as defined in the Balanced

Budget and Emergency Deficit Control Act of 1985, as amended, is

transmitted by the President to the Congress: Provided, That the entire amount is designated by the Congress as an emergency require-
26

ment pursuant to section 251(b)(2)(A) of the Balanced Budget and

Emergency Deficit Control Act of 1985, as amended.

TITLE VI

GENERAL PROVISIONS

SEC. 601. 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 section 1913 of title 18, United States Code.

SEC. 602. (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

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. 603. (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 nonreimbursable 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. 604. None of the funds appropriated by this Act shall be

used to propose or issue rules, regulations, decrees, or orders for the

purpose of implementation, or in preparation for implementation, of

the Kyoto Protocol which was adopted on December 11, 1997, in
27

Kyoto, Japan at the Third Conference of the Parties to the United

Nations Framework Convention on Climate Change, which has not

been submitted to the Senate for advice and consent to ratification

pursuant to article II, section 2, clause 2, of the United States Constitution, and which has not entered into force pursuant to article

25 of the Protocol.

SEC. 605. (a) IN GENERAL.—None of the funds made available

in this Act may be used to pay any basic pay of an individual who

simultaneously holds or carries out the responsibilities of—

(1) a position within the National Nuclear Security Administration; and

(2) a position within the Department of Energy not within

the Administration.

(b) EXCEPTIONS FOR ADMINISTRATOR FOR NUCLEAR SECURITY

AND DEPUTY ADMINISTRATOR FOR NAVAL REACTORS.—The limitation in subsection (a) shall not apply to the following cases:

(1) The Under Secretary of Energy for Nuclear Security

serving as the Administrator for Nuclear Security, as provided

in section 3212(a)(2) of the National Nuclear Security Administration Act (50 U.S.C. 2402(a)(2)).

(2) The director of the Naval Nuclear Propulsion Program

provided for under the Naval Nuclear Propulsion Executive

Order serving as the Deputy Administrator for Naval Reactors,

as provided in section 3216(a)(1) of such Act (50 U.S.C.

2406(a)(1)).

SEC. 606. FUNDING OF THE COASTAL WETLANDS PLANNING,

PROTECTION AND RESTORATION ACT. Section 4(a) of the Act of August 9, 1950 (16 U.S.C. 777c(a)), is amended in the second sentence

by striking ‘‘2000’’ and inserting ‘‘2009’’.

SEC. 607. REDESIGNATION OF INTERSTATE SANITATION COMMISSION AND DISTRICT. (a) INTERSTATE SANITATION COMMISSION.—

(1) IN GENERAL.—The district known as the ‘‘Interstate

Sanitation Commission’’, established by article III of the TriState Compact described in the Resolution entitled, ‘‘A Joint

Resolution granting the consent of Congress to the States of

New York, New Jersey, and Connecticut to enter into a compact

for the creation of the Interstate Sanitation District and the establishment of the Interstate Sanitation Commission’’, approved

August 27, 1935 (49 Stat. 933), is redesignated as the ‘‘Interstate Environmental Commission’’.

(2) REFERENCES.—Any reference in a law, regulation, map,

document, paper, or other record of the United States to the

Interstate Sanitation Commission shall be deemed to be a reference to the Interstate Environmental Commission.

(b) INTERSTATE SANITATION DISTRICT.—

(1) IN GENERAL.—The district known as the ‘‘Interstate

Sanitation District’’, established by article II of the Tri-State

Compact described in the Resolution entitled, ‘‘A Joint Resolution granting the consent of Congress to the States of New York,

New Jersey, and Connecticut to enter into a compact for the creation of the Interstate Sanitation District and the establishment

of the Interstate Sanitation Commission’’, approved August 27,

1935 (49 Stat. 932), is redesignated as the ‘‘Interstate Environmental District’’.
28

(2) REFERENCES.—Any reference in a law, regulation, map,

document, paper, or other record of the United States to the

Interstate Sanitation District shall be deemed to be a reference

to the Interstate Environmental District.

TITLE VII

DEPARTMENT OF THE TREASURY

BUREAU OF THE PUBLIC DEBT

GIFTS TO THE UNITED STATES FOR REDUCTION OF THE PUBLIC DEBT

For deposit of an additional amount for fiscal year 2001 into

the account established under section 3113(d) of title 31, United

States Code, to reduce the public debt, $5,000,000,000.

TITLE VIII

NUCLEAR REGULATORY COMMISSION

Section 6101 of the Omnibus Budget Reconciliation Act of 1990

(42 U.S.C. 2214) is amended—

(1) in subsection (a)(3), by striking ‘‘September 30, 1999’’

and inserting ‘‘September 20, 2005’’; and

(2) in subsection (c)—

(A) in paragraph (1), by inserting ‘‘or certificate holder’’

after ‘‘licensee’’; and

(B) by striking paragraph (2) and inserting the following:

‘‘(2) AGGREGATE AMOUNT OF CHARGES.— ‘‘(A) IN GENERAL.—The aggregate amount of the annual charges collected from all licensees and certificate

holders in a fiscal year shall equal an amount that approximates the percentages of the budget authority of the

Commission for the fiscal year stated in subparagraph (B),

less—

‘‘(i) amounts collected under subsection (b) during

the fiscal year; and

‘‘(ii) amounts appropriated to the Commission from

the Nuclear Waste Fund for the fiscal year.

‘‘(B) PERCENTAGES.—The percentages referred to in

subparagraph (A) are—

‘‘(i) 98 percent for fiscal year 2001;

‘‘(ii) 96 percent for fiscal year 2002;

‘‘(iii) 94 percent for fiscal year 2003;

‘‘(iv) 92 percent for fiscal year 2004; and

‘‘(v) 90 percent for fiscal year 2005.’’.

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

Appropriations Act, 2001’’.

And the Senate agree to the same.

RON PACKARD,

HAROLD ROGERS,

JOE KNOLLENBERG,

RODNEY P. FRELINGHUYSEN,

SONNY CALLAHAN,

TOM LATHAM,
29

ROGER F. WICKER, C.W. BILL YOUNG, PETER J. VISCLOSKY, CHET EDWARDS, ED PASTOR, MICHAEL P. FORBES, Managers on the Part of the House.

PETE V. DOMENICI,

THAD COCHRAN,

SLADE GORTON,

MITCH MCCONNELL,

ROBERT F. BENNETT,

CONRAD BURNS,

LARRY E. CRAIG,

TED STEVENS,

LARRY REID,

ROBERT C. BYRD,

ERNEST F. HOLLINGS,

PATTY MURRAY,

HERB KOHL,

DANIEL INOUYE,

Managers on the Part of the Senate.

(31)

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. 4733) making appropriations for energy and water development for the fiscal year ending

September 30, 2001, 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 106–

693 and Senate Report 106–395 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.

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 are discussed below.
32

GENERAL INVESTIGATIONS

The conference agreement appropriates $160,038,000 for General Investigations instead of $153,327,000 as proposed by the

House and $139,219,000 as proposed by the Senate.

Within available funds, $50,000 is provided for erosion control

studies in the Harding Lake watershed in Alaska. The conference

agreement deletes the bill language proposed by the Senate for this

project.

The conference agreement does not include funds proposed by

the House in this account for the Hamilton Airfield Wetlands Restoration project in California and the Ohio River Greenway project

in Indiana. Funding for these projects is included in the Construction, General account. The conference agreement does not include

funds in this account for the White River, Muncie, Indiana, project.

Funding for this project has been included within the amount provided for the Section 1135 program.

The conference agreement includes $150,000 for the Corps of

Engineers to undertake studies of potential navigational improvements, shoreline protection, and breakwater protection at the ports

of Rota and Tinian in the Commonwealth of the Northern Mariana

Islands.

The conferees have provided $200,000 for the Corps of Engineers to initiate and complete a comprehensive water management

reconnaissance study for ecosystem restoration and related purposes in the St. Clair River and Lake St. Clair watersheds in

Michigan pursuant to section 426 of the Water Resources Development Act of 1999.

Within the amount provided for Research and Development,

$200,000 is provided for a topographic/bathymetric mapping project

for Coastal Louisiana in cooperation with the National Oceanic and

Atmospheric Administration at the interagency Federal laboratory

in Lafayette, Louisiana. The conference agreement does not include

bill language proposed by the Senate for this work. The conferees

also urge the Corps of Engineers to use available Research and Development funds for a review of innovative dredging technologies

for potential implementation in the Peoria Lakes, Illinois, area.

The conference agreement includes language proposed by the

House and the Senate which provides that in conducting the Southwest Valley Flood Damage Reduction, Albuquerque, New Mexico,

study, the Corps 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 area, and the amount of runoff.

The conferees have agreed to include language in the bill

which directs the Corps of Engineers to use $750,000 to continue

preconstruction engineering and design of the Murrieta Creek,

California, flood control project in accordance with Alternative 6, as

identified in the Murrieta Creek Feasibility Report and Environmental Impact Statement dated June 2000.

The conference agreement deletes bill language proposed by

the Senate providing funds for the John Glenn Great Lakes Basin

Program, the Detroit River, Michigan, project, and the Niobrara

River and Missouri River, South Dakota, project. Funds for these
33

projects have been included in the overall amount provided for

General Investigations.

The conference agreement does not include language proposed

by the Senate providing funds for the selection of a permanent disposal site for environmentally sound dredged material from navigation projects in the State of Rhode Island. Funds for this work have

been provided within the amount appropriated for Operation and

Maintenance, General.

Within the amount provided for Flood Plain Management Services, the conference agreement includes $250,000 for the Corps of

Engineers to undertake a study of drainage problems in the Winchester, Kentucky, area. In addition, the conferees urge the Corps

of Engineers to complete a report on flood control problems on

Negro Creek at Sprague, Washington.

Within the amount provided for Planning Assistance to States,

the conference agreement includes $100,000 for the Corps of Engineers to update the daily flow model for the Delaware River Basin.

CONSTRUCTION, GENERAL

The conference agreement appropriates $1,695,699,000 for

Construction, General instead of $1,378,430,000 as proposed by the

House and $1,361,449,000 as proposed by the Senate. The amount

recommended by the conferees for the Corps of Engineers construction program represents a significant increase over the budget request and the amount appropriated in fiscal year 2000. However,

the conferees note that the budget request grossly underfunds

many ongoing construction projects, and its enactment would result

in increased project costs, major delays in the completion of

projects and loss of project benefits. The conferees also note that

the Corps of Engineers, through the use of unobligated balances,

expects its fiscal year 2000 construction expenditures to be approximately $1,600,000,000.

The conferees note that the Lake Worth Inlet, Florida, sand

transfer plant project is behind schedule and expect the Corps of

Engineers to proceed with the project as expeditiously as possible.

Within the amount provided for the West Virginia and Pennsylvania Flood Control Project, $1,000,000 is provided for the following projects within the State of Pennsylvania: Bloody Run/Everett Borough ($25,000); Shoups Run/Carbon Township ($150,500);

Six Mile Run/Coaldale ($125,000); Black Log Creek/Boroughs of

Orbisonia and Rockhill Furnace ($127,000); Newton Hamilton Borough ($465,500); and Coal Bank Run/Coalmont Borough ($107,000).

The conference agreement includes $150,000 for the Southeastern Pennsylvania project for the Corps of Engineers to prepare

a decision document to determine the Federal interest in and the

scope of the problems in the Logan and Feltonville sections of

Philadelphia, Pennsylvania.

The conferees direct the Corps of Engineers to use $500,000 to

initiate the Hillsboro Inlet, Florida, project in accordance with the

Jacksonville District’s General Reevaluation Report for the project

dated May 2000.

The conference agreement includes $4,000,000 for the Corps of

Engineers to undertake water related infrastructure projects in
34

northeastern Pennsylvania as authorized by section 502(f)(11) of

the Water Resources Development Act of 1999. The conference agreement includes $500,000 for the Corps of

Engineers to undertake water related infrastructure projects in

Avis Borough and Renovo Borough, Clinton County, Pennsylvania. The conference agreement includes $1,000,000 for sanitary

sewer and water and wastewater infrastructure projects in

Towanencin Township, Pennsylvania, as authorized by section

502(f)(8) of the Water Resources Development Act of 1999;

$200,000 for a project to eliminate or control combined sewer overflows in the city of St. Louis, Missouri, as authorized by section

502(f)(32) of the Water Resources Development Act of 1999; and

$300,000 for water related infrastructure projects in Lake and Porter Counties, Indiana, as authorized by section 502(f)(12) of the

Water Resources Development Act of 1999. In addition, the conference agreement includes $2,500,000 to carry out environmental

infrastructure projects in northeastern Minnesota as authorized by

section 569 of the Water Resources Development Act of 1999. The conference agreement includes $25,000,000 for the Corps

of Engineers to design, construct, and operate water quality

projects in the San Gabriel Basin of California; and $4,000,000 for

the Corps of Engineers, in coordination with other Federal agencies

and the Brazos River Authority, to participate in investigations and

projects in the Bosque and Leon Watersheds in Texas to assess the

impact of the perchlorate associated with the former Naval Weapons Industrial Reserve Plant at McGregor, Texas. The conference agreement includes $300,000 for the Corps of

Engineers to continue the environmental restoration pilot project at

Dog River, Alabama. The conference agreement includes $1,500,000 for a project to

eliminate or control combined sewer overflows in the City of Lebanon, New Hampshire, as authorized by section 502(f)(37) of the

Water Resources Development Act of 1999; $1,500,000 for environmental infrastructure projects in Ohio authorized in section 594 of

the Water Resources Development Act of 1999; and $3,000,000 for

environmental infrastructure projects in central New Mexico authorized in section 593 of the Water Resources Development Act of

1999.

The conference agreement includes a total of $37,100,000 for

the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River project. In addition to the amounts included in the

budget request, the conference agreement includes: $4,000,000 for

the Clover Fork, Kentucky, element of the project; $4,800,000 for

the Middlesboro, Kentucky, element of the project; $1,000,000 for

the City of Cumberland, Kentucky, element of the project; $700,000

for the Town of Martin, Kentucky, element of the project;

$4,200,000 for the Pike County, Kentucky, element of the project,

including $1,400,000 for additional studies along the tributaries of

the Tug Fork and the initiation of a Detailed Project Report for the

Levisa Fork; $3,500,000 for the Martin County, Kentucky, element

of the project; $1,200,000 for additional studies along the tributaries of the Cumberland River in Bell County, Kentucky; $800,000

to continue the detailed project report for the Buchanan County,

Virginia, element of the project; $700,000 to continue the detailed
35

project report for the Dickenson County, Virginia, element of the

project; $1,500,000 for the Upper Mingo County, West Virginia, element of the project; $1,600,000 for the Kermit, Lower Mingo County (Kermit), West Virginia, element of the project; $400,000 for the

Wayne County, West Virginia, element of the project; and $600,000

for the McDowell County, West Virginia, element of the project. The conference agreement includes $7,000,000 for the Dam

Safety and Seepage Stability Correction Program. Of the amount

provided, $1,000,000 is for repairs to the Mississinewa Lake, Indiana, project, and up to $2,000,000 is for the Waterbury Dam,

Vermont, project. The conference agreement includes $4,000,000 for the Rural

Nevada project authorized by section 595 of the Water Resources

Development Act of 1999. Of the amount provided, $1,500,000 is for

the Lawton-Verdi, Nevada, sewer inceptor project; $1,000,000 is for

the Mesquite, Nevada, project; and $1,500,000 for the Silver

Springs, Nevada, sanitary sewer project.

The conferees direct the Corps of Engineers to undertake the

projects listed in the House and Senate reports and the projects described below for the various continuing authorities programs. The

recommended funding levels for those programs are as follows: Section 206—$19,000,000; Section 204—$4,000,000; Section 14—

$9,000,000; Section 205—$35,000,000; Section 111—$300,000; Section 107—$11,000,000; Section 1135—$21,000,000; Section 103—

$2,500,000; and Section 208—$600,000. 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 conferees’ intent 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 within available funds. Of the amount provided for the Section 14 program, $580,000

is to initiate and complete the planning and design analysis phase,

execute a project cooperation agreement, and initiate and complete

construction for the Rouge River, Southfield, Michigan, project.

Of the amount provided for the Section 111 program, $300,000

is to prepare a shoreline stabilization study and plans and specifications, and award a construction contract for the Virginia Key,

Florida, project.

Of the amount provided for the Section 205 program, $100,000

is to undertake the Columbus, New Mexico, project; $200,000 is to

undertake the Battle Mountain, Nevada, project; and $500,000 is

to undertake the Hay Creek, Roseau County, Minnesota, project.

The conference agreement deletes the bill language proposed by the

Senate for the Hay Creek project. In addition, for the McKeel

Brook, Dover and Rockaway Townships, New Jersey, project, the

funds provided are to be used to complete plans and specifications

and initiate construction of the Morris County plan.

Of the amount provided for the Section 1135 program,

$100,000 is to initiate the upland environmental restoration study

for the Virginia Key, Florida, project; $300,000 is to prepare an environmental restoration report and prepare a project cooperation

agreement for the White River, Muncie, Indiana, project; $250,000
36

is to initiate and complete a preliminary restoration plan and a feasibility report for the Sand Creek, Newton, Kansas, project; and

$200,000 is to initiate the ecosystem restoration report for the Lake

Champlain Watershed, Vermont, project. In addition, the Corps of

Engineers is directed to proceed with the most cost effective solution to the water quality degradation and related environmental

and public impacts associated with the western jetty at the mouth

of the Genessee River at Rochester, New York.

Of the amount provided for the Section 107 program, $810,000

is for construction of the Pemiscot Harbor, Missouri, project;

$3,000,000 is for construction of the Ouzinkie Harbor, Alaska,

project; and $500,000 is to initiate construction of the South Basin

Inner Harbor, Buffalo, New York, project.

The amount provided for the Section 206 program does not include funds for the Upper Truckee River project. Funds for this

project are included in the Bureau of Reclamation’s Wetlands Development Program. The conference agreement includes $4,000,000 for the Aquatic Plant Control program. Within the amount provided, $400,000 is

for aquatic weed control in Lake Champlain, Vermont, $250,000 is

for aquatic plant control within the State of South Carolina, and

$100,000 is for the control and tracking of aquatic plants in the Potomac River in Virginia and Maryland.

The conferees have included language in the bill earmarking

funds for the following projects in the amount specified: San

Timoteo Creek (Santa Ana River Mainstem), California,

$5,000,000; San Gabriel Basin Groundwater Restoration, California, $25,000,000; Indianapolis Central Waterfront, Indiana,

$10,000,000; Southern and Eastern Kentucky, Kentucky,

$4,000,000; Clover Fork, Middlesboro, City of Cumberland, Town of

Martin, Pike County (including Levisa Fork and Tug Fork tributaries), Bell County, Martin County, and Harlan County, Kentucky,

elements of the Levisa and Tug Forks of the Big Sandy River and

Upper Cumberland River project, $20,000,000; Jackson County,

Mississippi, $2,000,000; Bosque and Leon Rivers, Texas,

$4,000,000; Upper Mingo County (including Mingo County Tributaries), Lower Mingo County (Kermit), Wayne County, and

McDowell County, West Virginia, elements of the Levisa and Tug

Forks of the Big Sandy River and Upper Cumberland River project,

$4,100,000.

The conference agreement includes language proposed by the

House which directs the Corps of Engineers to proceed with the

Town of Martin element of the Levisa and Tug Forks of the Big

Sandy River and Upper Cumberland River project in accordance

with a Plan A as set forth in the preliminary draft Detailed Project

Report, Appendix T of the General Plan of the Huntington District

Commander.

The conference agreement includes language proposed by the

House which directs the Corps of Engineers to use $900,000 to undertake the Bowie County Levee project in Texas, 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.
37

The conference agreement includes language proposed by the

Senate which provides that none of the funds appropriated in the

Act may be used to begin Phase II of the John Day Drawdown

study or to initiate a study of the drawdown of McNary Dam unless

authorized by law.

The conference agreement includes language proposed by the

Senate which directs the Corps of Engineers to use available Construction, General, funds to complete design and construction of the

Red River Regional Visitors Center in the vicinity of Shreveport,

Louisiana, at an estimated cost of $6,000,000.

The conference agreement includes language proposed by the

Senate which increases the authorization for the Norco Bluffs, California, project.

The conference agreement includes language proposed by the Senate which directs the Corps of Engineers to use $3,000,000 of

the funds appropriated in the Act for additional emergency bank

stabilization measures at Galena, Alaska, under the same terms

and conditions as previously undertaken emergency bank stabilization work.

The conference agreement includes language proposed by the Senate directing the Corps of Engineers to use $4,200,000 appropriated in the Act to continue construction of the Ocean Isle Beach

segment of the Brunswick County Beaches, North Carolina, project

in accordance with the General Reevaluation Report approved by

the Chief of Engineers on May 15, 1998.

The conference agreement includes language proposed by the Senate which directs the Corps of Engineers to use $300,000 of the

funds appropriated in the Act to reimburse the City of Renton,

Washington, for mitigation expenses incurred for the flood control

project constructed on the Cedar River at Renton as a result of

over-dredging by the Corps of Engineers.

The conference agreement includes language proposed by the

Senate subjecting the expenditure of previously appropriated funds

for the Devils Lake, North Dakota, project to a number of conditions.

The conference agreement includes language which provides

that $2,000,000 shall be available for stabilization and renovation

of Lock and Dam 10 on the Kentucky River, subject to the enactment of authorization for the project.

The conference agreement includes language which directs the

Corps of Engineers to use $3,000,000 to initiate construction of a

navigation project at Kaumalapau Harbor, Hawaii. The project will

consist of a 350-foot long breakwater and a channel depth of 19

feet.

The conference agreement includes language which directs the

Corps of Engineers to design and construct seepage control features

at Waterbury Dam, Winooski River, Vermont. The Dam Safety and

Seepage Correction Program includes up to $2,000,000 to initiate

this work. The proposed corrective actions will restore the structural integrity of the dam and reduce the chances of potential failure.

The conference agreement includes language which directs the

Corps of Engineers to design and construct barge lanes at the

Houston-Galveston Navigation Channels, Texas, project.
38

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

The conference agreement appropriates $347,731,000 for Flood

Control, Mississippi River and Tributaries instead of $323,350,000

as proposed by the House and $334,450,000 as proposed by the

Senate.

The conference agreement includes $900,000 for the Southeast

Arkansas feasibility study. The House had proposed to fund this

study in the General Investigations account.

The conference agreement includes language proposed by the

Senate which directs the Secretary of the Army to complete the

analysis and determination regarding Federal maintenance of the

Greenville Inner Harbor, Mississippi, navigation project in accordance with section 509 of the Water Resources Development Act of

1996.

The conference agreement includes $375,000 for construction of

the Yazoo Basin Tributaries project and $47,000,000 for continuing

construction of Mississippi River levees. The conference agreement

deletes bill language proposed by the Senate regarding these

projects.

The conference agreement includes $7,242,000 for operation

and maintenance of Arkabutla Lake; $5,280,000 for operation and

maintenance of Grenada Lake; $7,680,000 for operation and maintenance of Sardis Lake; and $4,376,000 for operation and maintenance of Enid Lake. The conference agreement deletes bill language proposed by the Senate regarding these projects.

OPERATION AND MAINTENANCE, GENERAL

The conference agreement appropriates $1,901,959,000 for Op- eration and Maintenance, General, instead of $1,854,000,000 as

proposed by the House and $1,862,471,000 as proposed by the Senate.

The conference agreement includes $6,755,000 for the Apalachicola, Chattahoochee, and Flint Rivers project in Georgia, Alabama, and Florida. The additional funds above the budget request

shall be used to implement environmental restoration requirements

as specified under the certification issued by the State of Florida

under section 401 of the Federal Water Pollution Control Act and

dated October 1999, including $1,200,000 for increased environmental dredging and $500,000 for related environmental studies

required by the state water quality certification. The conference

agreement does not include bill language proposed by the Senate

regarding this project.

The conferees have provided $5,071,000 for the Red Rock Dam

and Lake, Iowa, project. The funds provided above the budget request are for repair and replacement of various features of the

project including repair of the scouring of the South-East Des

Moines levee.

The conference agreement includes $10,400,000 for operation

and maintenance of the Pascagoula Harbor, Mississippi, project.

The conference agreement includes $1,500,000 over the budget

request for the Corps of Engineers to address impacts of recent
39

fires, undertake habitat restoration activities, and address other essential requirements at Cochiti Lake in New Mexico. The conference agreement includes an additional $3,000,000

for the Jemez Dam, New Mexico, project for the Corps of Engineers

to address the impacts of increased water releases required to help

sustain the endangered silvery minnow. The conferees have provided an additional $600,000 for the

Waco Lake, Texas, project for the Corps of Engineers to address

the higher lake levels associated with the raising of the dam. The conferees have provided $12,570,000 for the Grays Harbor, Washington, project, including $650,000 for repair of the south

jetty, $1,000,000 to complete the rehabilitation of the north jetty at

Ocean Shores, and $1,100,000 for the north jetty operations and

maintenance study.

The conference agreement includes language proposed by the

Senate which directs the Corps of Engineers to prepare the necessary documents and initiate removal of submerged obstructions

in the area previously marked by the Ambrose Light Tower in New

York Harbor.

The conference agreement deletes language proposed by the Senate providing $500,000 for maintenance and repair of the

Sakonnet Harbor breakwater in Little Compton, Rhode Island.

Funds for this project are included in the amount appropriated for

Operation and Maintenance, General.

The conference agreement deletes language proposed by the Senate providing $50,000 for a study of crossings across the Chesapeake and Delaware Canal. The amount provided for operation and

maintenance of the Chesapeake and Delaware Canal project includes $50,000 for the Corps of Engineers to conduct a study to determine the adequacy and timing for maintaining good and sufficient crossings across the canal.

Although the conference agreement deletes bill language proposed by the Senate regarding the marketing of dredged material

from the Delaware River Deepening project, the conferees expect

the Corps of Engineers to establish such a program.

The conference agreement includes language which directs the

Corps of Engineers to use $500,000 to dredge a channel from the

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

Virginia.

The conference agreement includes language which provides

that $500,000 of the funds provided for the Columbia and Lower

Willamette River below Vancouver, Washington, and Portland, Oregon, project shall be used to remove and reinstall the docks and

causeway, in kind, at the Astoria East Boat Basin in Oregon.

The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to extend the sheet pile wall on

the west end of the entrance to the Dillingham, Alaska, small boat

harbor, and to replace the existing wooden bulkhead at the city

dock under the provisions of Public Law 99–190.

The conferees are aware of costs associated with maintaining

and operating the complex computer system used to execute and

program activities for the entire Operation and Maintenance program. The conferees direct the Corps of Engineers to specifically

budget for this computer system in future years and, within avail-
40

able fiscal year 2001 funds, pay for this effort under Operation and

Maintenance, General.

The conferees are aware of a plan to improve the effectiveness

of public information exhibits located within visitor centers at

Corps of Engineers projects. The initial plan will be developed by

a multidiscipline team and is scheduled to be completed this year.

The conferees expect the plan to be developed within available Operation and Maintenance, General, funds and expect implementation of any plans to be justified in future budget requests.

FLOOD CONTROL AND COASTAL EMERGENCIES

The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to extend the existing Bethel

Bank Stabilization project in Alaska an additional 1200 linear feet

upstream, and to remove sediments from Brown’s Slough that hamper safe navigation.

REGULATORY PROGRAM

The conference agreement appropriates $125,000,000 for the

Corps of Engineers Regulatory Program as proposed by the House

instead of $120,000,000 as proposed by the Senate.

The conference agreement includes language proposed by the

House and the Senate which will improve the analysis and increase

the information available to the public and the Congress regarding

the costs of the nationwide permit program and permit processing

times.

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.

The conferees concur with the language in the Senate report

regarding the Parks Township Shallow Land Disposal Area in

Armstrong County, Pennsylvania.

GENERAL EXPENSES

The conference agreement appropriates $152,000,000 for General Expenses as proposed by the Senate instead of $149,500,000

as proposed by the House.

REVOLVING FUND

The conference agreement includes language proposed by the

House and the Senate which provides that amounts in the Revolving Fund are available for the costs of relocating the Corps of Engineers headquarters to the General Accounting Office building.

GENERAL PROVISIONS

CORPS OF ENGINEERS—CIVIL

Section 101. The conference agreement includes language proposed by the House which provides for the transfer of responsibility

of local sponsorship of recreation development at Joe Pool Lake,
41

Texas, from the Trinity River Authority to the City of Grand Prairie, Texas.

Section 102. The conference agreement includes language proposed by the Senate which places a limit on credits and reimbursements allowable per project and annually.

Section 103. The conference agreement includes language proposed by the Senate which prohibits the use of funds to revise the

Missouri River Master Water Control Manual if the revision provides for increases in springtime water releases during spring

heavy rainfall or snow melt.

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

in this Act may used for activities related to the closure or removal

of the St. Georges Bridge across the Chesapeake and Delaware

Canal in Delaware.

Section 105. The conference agreement includes language proposed by the Senate which provides that the Secretary of the Army

shall provide up to $7,000,000 to replace and upgrade the dam in

Kake, Alaska.

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

House extending the authorization for spending Coastal Wetlands

Restoration Trust Fund receipts. This matter has been addressed

in Title VI. The conference agreement does not include language

proposed by the Senate regarding the use of continuing contracts

for Corps of Engineers projects. The conference agreement does not

include language proposed by the Senate earmarking funds for the

Pascagoula Harbor, Mississippi, project and the Gulfport Harbor,

Mississippi, project. Funds for those projects are included in the

amounts appropriated for Operation and Maintenance, General,

and Construction, General, respectively.

The conference agreement does not include language proposed

by the Senate regarding the Kihei Area Erosion project in Hawaii.

It is the intent of the conferees that the Kihei Area Erosion study

shall include an analysis of the extent and causes of the shoreline

erosion. Further, a regional economic development (RED) analysis

shall be included. The results of the RED analysis shall be displayed in all study documents along with the traditional benefitcost analysis including recommendations of the Chief of Engineers.

The conference agreement does not include language proposed

by the Senate regarding the Waikiki Erosion Control project in Hawaii. It is the intent of the conferees that the Waikiki Erosion Control study shall include an analysis of environmental resources that

have been, or may be, threatened by erosion of the shoreline. Further, a regional economic development (RED) analysis shall be included. The results of the RED analysis shall be displayed in all

study documents along with the traditional benefit-cost analysis including recommendations of the Chief of Engineers.

The conference agreement does not include language proposed

by the Senate directing the Secretary of the Army to conduct a

study to determine the need for providing additional crossing capacity across the Chesapeake and Delaware Canal. The conference

agreement includes $50,000 under Operation and Maintenance,

General for the Corps of Engineers to conduct a study to determine
42

the adequacy and timing for maintaining good and sufficient crossings across the Chesapeake and Delaware Canal.

The conference agreement does not include language proposed

by the Senate expressing the sense of the Senate concerning dredging of the main channel of the Delaware River and language proposed by the Senate regarding the Historic Area Remediation Site.

44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88

TITLE II

DEPARTMENT OF THE INTERIOR

CENTRAL UTAH PROJECT

CENTRAL UTAH PROJECT COMPLETION ACCOUNT

The conference agreement appropriates $39,940,000 to carry

out the provisions of the Central Utah Project Completion Act as

proposed by the House and the Senate.

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 the conference agreement are discussed below.

WATER AND RELATED RESOURCES

The conference agreement appropriates $678,450,000 for Water

and Related Resources instead of $635,777,000 as proposed by the

House and $655,192,000 as proposed by the Senate.

The conference agreement includes $39,467,000 for the Central

Arizona Project as proposed by the House.

The additional funds provided by the House under the California Investigations Program for studies of ways to increase the

reliability of water supplies in southern Orange County, California,

have been included under the Southern California Investigations

Program.

The conference agreement includes an additional $1,000,000

for the Columbia and Snake Rivers Salmon Recovery project. The

additional funds may be used for water acquisition and other actions that may be required by Endangered Species Act biological

opinions concerning the operation and maintenance of Bureau of

Reclamation projects.

The conference agreement includes an increase of $4,758,000

over the budget request for the Middle Rio Grande project in New

Mexico for the Bureau of Reclamation to undertake research, monitoring, and modeling of evapotranspiration, implement a program

for the transplant of silvery minnow larvae and young-of-year, and

carry out habitat conservation and restoration activities along the

middle Rio Grande River valley as specified in the Senate report.

Additional funding is also provided for Bureau of Reclamation participation in the recent settlement regarding the recovery of the Rio

Grande silvery minnow.

The conference agreement includes $2,960,000 for the Title

XVI Water Reclamation and Reuse Program. Of the funds provided, $500,000 is provided for the Bureau of Reclamation to participate with the City of Espanola, New Mexico, in a feasibility

study to investigate opportunities to reclaim and reuse municipal

wastewater and naturally impaired surface and groundwater, and

$300,000 is provided to continue the Phoenix Metropolitan Water

Reclamation and Reuse (Aqua Fria) project in Arizona. In addition,

up to $1,000,000 is provided for the Bureau of Reclamation to sup-
89

port the WateReuse Foundation’s research program as described in

the House report.

The conferees have provided $5,000,000 for the Drought Emergency Assistance Program to address the severe drought conditions

that currently exist in New Mexico and other western states. The

conferees direct the attention of the Bureau of Reclamation to the

need for the acquisition of water for the San Carlos Reservoir on

the Gila River in Arizona.

The conference agreement includes $8,500,000 for the Native

American Affairs Program of the Bureau of Reclamation, of which

$200,000 is for the Bureau to undertake studies, in consultation

and cooperation with the Jicarilla Apache Tribe, of the most feasible method of developing a safe and adequate municipal, rural

and industrial water supply for the residents of the Jicarilla

Apache Indian Reservation in New Mexico.

Of the amount provided for the Wetlands Development Program, $1,500,000 is provided for design and construction of the restoration of the Upper Truckee River in the vicinity of the airport

at South Lake Tahoe, California, including channel realignment,

and meadow and floodplain restoration.

The conference agreement deletes language proposed by the

House which provides that none of the funds appropriated in the

Act may be used by the Bureau of Reclamation for closure of the

Auburn Dam, California, diversion tunnel or restoration of the

American River channel through the Auburn Dam construction

site.

The conferees have included language in the bill proposed by

the Senate which provides that $16,000,000 shall be available for

the Rocky Boys Indian Water Rights Settlement project in Montana; provides that not more than $500,000 shall be available for

projects carried out by the Youth Conservation Corps; increases the

amount authorized for Indian municipal, rural, and industrial

water features of the Garrison Diversion project in North Dakota

by $2,000,000; and amends the Reclamation Safety of Dams Act of

1978.

The conference agreement deletes bill language proposed by

the Senate providing $2,300,000 for the Albuquerque Metropolitan

Area Water Reclamation and Reuse project. Funding for this

project is included in the total amount appropriated for Water and

Related Resources.

BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

The conference agreement appropriates $9,369,000 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 $38,382,000 for the

Central Valley Project Restoration Fund as proposed by the House

and the Senate.
90

POLICY AND ADMINISTRATION

The conference agreement appropriates $50,224,000 for Policy

and Administration as proposed by the Senate instead of

$47,000,000 as proposed by the House.

GENERAL PROVISIONS

DEPARTMENT OF THE INTERIOR

Section 201. The conference agreement includes language proposed by the House which provides that none of the funds appropriated by this or any other Act may be used to purchase or lease

water in the Middle Rio Grande or Carlsbad projects in New Mexico unless the purchase or lease is in compliance with the requirements of section 202 of Public Law 106–60.

Section 202. The conference agreement includes language proposed by the Senate which provides that funds for Drought Emergency Assistance are to be used primarily for leasing of water for

specified drought related purposes from willing lessors in compliance with State laws. The language also provides that leases may

be entered into with an option to purchase provided the purchase

is approved in the State in which the purchase takes place and

does not cause economic harm in the State in which the purchase

is made.

Section 203. The conference agreement includes language proposed by the House which provides authority to the Secretary of

the Interior to make an annual assessment upon Central Valley

Project water and power contractors for the purpose of making an

annual payment to the Trinity Public Utilities District. The language has been amended to clarify that the payments to the Trinity Public Utilities District will be made without the need for appropriations.

Section 204. The conference agreement includes language proposed by the Senate regarding the activities of the Glen Canyon

Dam Adaptive Management Program. The language in the Senate

bill has been amended to increase the funding limit for the program to not more than $7,850,000, adjusted for inflation, and to

not preclude voluntary contributions to the Adaptive Management

Program.

Section 205. The conference agreement includes language proposed by the Senate which authorizes and directs the Secretary of

the Interior to use not to exceed $1,000,000 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 project water

pursuant to sections 206 and 224(c) of the Reclamation Reform Act

of 1982.

Section 206. The conference agreement includes language proposed by the Senate which amends the Canyon Ferry Reservoir,

Montana, Act.

Section 207. The conference agreement includes language proposed by the Senate which provides that beginning in fiscal year

2000 and thereafter, any amounts provided for the Newlands
91

Water Rights Fund for purchasing and retiring water rights in the

Newlands Reclamation Project shall be non-reimbursable.

Section 208. The conference agreement includes language proposed by the Senate which permits the use of Colorado-Big Thompson Project facilities for nonproject water.

Section 209. The conference agreement includes language proposed by the Senate which amends the Irrigation Project Contract

Extension Act of 1998.

Section 210. The conference agreement includes a provision

proposed by the Senate which extends through fiscal year 2001 the

prohibition on the use of funds to further reallocate Central Arizona Project water until the enactment of legislation authorizing

and directing the Secretary of the Interior to make allocations and

enter into contracts for the delivery of Central Arizona Project

water.

Section 211. The conference agreement includes language

which amends the San Luis Rey Indian Water Rights Settlement

Act, Public Law 100–675.

Section 212. The conference agreement includes language providing for the conveyance of the Sly Park Unit in California to the

El Dorado Irrigation District.

Provision not included in the conference agreement.—The conference agreement does not include a provision proposed by the

Senate related to recreation development within the State of Montana.
92
93
94
95
96
97
98

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 the progress being made by the

Office of Engineering and Construction Management in bringing

standardization, discipline, oversight, and increased professionalism to the Department’s project management efforts. The

project engineering and design (PED) process developed by the Department represents significant progress toward correcting serious

management deficiencies that have historically plagued the Department’s construction projects. The conferees believe that implementation of the PED process for all construction and environmental

projects throughout the Department will provide the assurance necessary to eliminate the current requirement for an external independent review of all projects prior to releasing funds for construction. The conferees expect the continuation of the external independent review process as discussed in both the House and Senate

reports.

PASSENGER MOTOR VEHICLES

The conferees have provided statutory limitations on the number of passenger motor vehicles that can be purchased by the Department of Energy in fiscal year 2001. These limitations are included each year, but the Department has been interpreting this

limitation to mean that sport utility vehicles are not considered

passenger motor vehicles and do not count against the appropriation ceiling. The conferees consider this to be disingenuous at best

and a violation of the appropriations language at worst.

The conferees expect the Department to adhere strictly to the

limits set for the purchase of motor vehicles. It is the intention of

the conferees in prescribing these limitations that sport utility vehicles are to be considered passenger motor vehicles and, therefore,

subject to the limitation. Further, the Department is to provide a

full and complete accounting of the current motor vehicle inventory

at each location. The Department should work with the Committees on Appropriations to ensure that the report provides the necessary information.

CONTRACTOR TRAVEL

The conference agreement includes a statutory provision limiting reimbursement of Department of Energy management and operating contractors for travel expenses to not more than

$185,000,000. This limitation consists of $175,000,000 for contractor travel and a reserve fund of $10,000,000 to be administered

by the Department’s Chief Financial Officer and released for emergency travel requirements.
99

The Department had requested $200,000,000 for contractor

travel. The reduction in fiscal year 2001 is not to be prorated, but

should be applied to those organizations that appear to have the

most questionable travel practices. This is not meant to restrict

trips between laboratories to coordinate on program issues.

INDEPENDENT CENTERS

The Department is to identify all independent centers at each

DOE laboratory and facility in the fiscal year 2002 budget submission. These centers are to be funded directly in program accounts,

rather than overhead, with the exception of those centers which

clearly benefit more than one program at a laboratory or facility.

The Department is directed to provide a list of any centers that are

funded through overhead accounts with the fiscal year 2002 budget

submission.

REPROGRAMMINGS

The conference agreement does not provide the Department of

Energy with any internal reprogramming flexibility in fiscal year

2001 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 includes an allowance of six percent

for the laboratory directed research and development (LDRD) program and two percent for nuclear weapons production plants. Travel costs for LDRD are exempt from the contractor travel ceiling.

The conferees direct the Department’s Chief Financial Officer to

develop and execute a financial accounting report of LDRD expenditures by laboratory and weapons production plant. This report,

due to the House and Senate Committees on Appropriations by December 31, 2000, and each year thereafter, should provide costs by

personnel salaries, equipment, and travel. The Department should

work with the Committees on the specific information to be included in the report.

SAFEGUARDS AND SECURITY BUDGET AMENDMENT

The conferees have chosen to reflect the amounts requested for

safeguards and security funding in the manner proposed in the

budget amendment submitted to Congress by the Department. Adjustments have been made in each account to reflect the consolidation of safeguards and security costs into a few major accounts and

the transfer of these costs from overhead accounts to specific program line items. However, the conferees do not concur with the

amendment to the extent its purpose is to reorganize all safeguards

and security functions at the Department under the control and direction of the Office of Security and Emergency Operations, or any

other entity not part of line management. The conferees agree that

the direct responsibility for safeguards and security must be united

and integrated with the responsibility of line operations.
100

ADDITIONAL DEPARTMENT OF ENERGY REQUIREMENTS

The conferees agree with the House report language on augmenting Federal staff, overhead costs reviews and reprogramming

guidelines.

GENERAL 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, 2001, 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. The report should also include the distribution of the

safeguards and security funding adjustments.

ENERGY SUPPLY

The conference agreement provides $660,574,000 for Energy Supply instead of $616,482,000 as proposed by the House and

$691,520,000 as proposed by the Senate. The conference agreement

includes the House proposal to make funds available until expended rather than the Senate proposal to limit availability to two

years. The conference agreement does not include the Senate bill

language transferring funds from the United States Enrichment

Corporation or earmarking funds for a variety of projects to demonstrate alternative energy technologies.

RENEWABLE ENERGY RESOURCES

The conference agreement provides $422,085,000 instead of $390,519,000 as proposed by the House and $444,117,000 as proposed by the Senate for renewable energy resources.

Biomass/biofuels.—The conference agreement includes $112,900,000 for biomass/biofuels. The conferees have provided

$26,740,000 for research to be managed by the Office of Science,

the same as the budget request. The conference agreement includes

$40,000,000 for power systems and $46,160,000 for the transportation program. The conference agreement does not include prescriptive language specifying funding allocations as contained in

the House and Senate reports.

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 bioenergy initiative. Funding for this initiative may be derived from both the

power and transportation programs.

In the power program, the conference agreement provides $2,000,000 for the Iowa switch grass project which is a multi-year

project; $4,000,000 for the McNeill biomass plant in Burlington,

Vermont; $395,000 for the final Federal contribution to the

Vermont agriculture methane project; $500,000 for the bioreactor

landfill project to be administered by the Environmental Education

and Research Foundation and Michigan State University;
101

$1,000,000 for methane energy and agriculture development

(MEAD) in Tillamook Bay, Oregon; and $1,000,000 for the Mount

Wachusett College biomass conversion project in Massachusetts.

The Department is to accelerate the large-scale biomass demonstration at the Winona, Mississippi, site. The conference agreement provides $4,000,000 in power systems to support a project to demonstrate a commercial facility employing the thermo-depolymerization technology at a site adjacent

to the Nevada Test Site. The project shall proceed on a cost-shared

basis where Federal funding shall be matched in at least an equal

amount with non-Federal funding.

In the transportation program, the conference agreement pro- vides $1,000,000 for continuation of biomass research at the Energy and Environmental Research Center on the integration of biomass with fossil fuels for advanced power systems transportation

fuels; $600,000 for the University of Louisville to work on the design of bioreactors for production of fuels and chemicals for ethanol

production; and $2,000,000 for the design and construction of a

demonstration facility for regional biomass ethanol manufacturing

in southeast Alaska.

The conference agreement also includes $2,000,000 for the

Michigan Biotechnology Institute to be derived equally from power

and transportation systems.

Funding allocated by the Department for the regional biomass

program and feedstock production should be derived equally from

the power and transportation programs.

Geothermal.—The conference agreement includes $27,000,000

for geothermal activities. The conference agreement does not include language specifying funding allocations as contained in the

Senate report. The conferees have provided $2,000,000 to complete

the Lake County Basin 2000 Geothermal project in Lake County,

California.

Hydrogen.—The conference agreement includes $29,970,000 for hydrogen activities, including $350,000 for the Montana Trade Port

Authority in Billings, Montana; $250,000 for the gasification of

Iowa switch grass; and $800,000 for the ITM Syngas project.

The conferees have also provided $2,000,000 for the multi-year

demonstration of an underground mining locomotive and an earth

loader powered by hydrogen at existing facilities within the State

of Nevada. The demonstration is subject to a private sector industry cost-share of not less than an equal amount, and a portion of

these funds may also be used to acquire a prototype hydrogen fueling appliance to provide on-site hydrogen in the demonstration.

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

for hydropower. The conferees are aware that the Department is

funding research that is supposed to be applicable to the needs of

the large dams in the northwest United States. The Department is

concerned that the Federal power marketing administrations are

not involved in developing this research program. The Department

is directed to provide a report coordinated with the power marketing administrations that indicates how this hydropower research is applicable to the current and future needs of the power

marketing administrations and the schedule by which this research

will provide useable products.
102

Solar Energy.—The conference agreement includes

$110,632,000 for solar energy programs. The conference agreement

does not include language specifying funding allocations as contained in the House and Senate reports.

The conference agreement provides $13,800,000 for concentrating solar power, including $1,000,000 to initiate planning of a

one MW dish engine field validation power project at the University of Nevada-Las Vegas.

The conference agreement includes $78,622,000 for photovoltaic energy systems, including up to $3,000,000 for the million

solar roofs initiative. The conferees have provided $1,500,000 for

the Southeast and Southwest photovoltaic experiment stations.

The conference agreement includes $3,950,000 for solar building technology research.

Wind.—The conference agreement includes $40,283,000 for

wind programs. The conference agreement does not include prescriptive language specifying allocations as included in the Senate

report. The conferees have provided $1,000,000 for the Kotzebue

wind project. Of the funding for wind energy systems, not less than

$5,000,000 shall be made available for new and ongoing small wind

programs, including not less than $2,000,000 for the small wind

turbine development project. From within available funds,

$100,000 has been provided for a wind turbine and for educational

purposes at the Turtle Mountain Community College in North Dakota.

Electric energy systems and storage.—The conference agreement includes $52,000,000 for electric energy systems and storage.

The conferees urge the Department to support the university, industry-based partnership at the University of California-Irvine Advanced Power and Energy Program to conduct energy and information related technology demonstrations to accelerate the development and deployment of cost-efficient technologies benefiting all

energy consumers affected by a deregulated energy industry.

The conference agreement includes $6,000,000 to accelerate the

development and application of high temperature superconductor

technologies through joint efforts among DOE laboratories, universities, and industry to be lead by Los Alamos and Oak Ridge National Laboratories.

The conference agreement includes $500,000 for completion of

the distributed power demonstration project begun last year at the

Nevada Test Site.

Renewable Support and Implementation.—The conference

agreement includes $21,600,000 for renewable support and implementation programs.

The Federal Energy Management Program should report to the

Committees on Appropriations by December 31, 2001, on the accomplishments of the Departmental energy management program

with the fiscal year 2001 appropriations including the number of

energy efficiency projects funded, the number of energy savings

performance contracts supported, and the total estimated savings.

From within available funds, the conference agreement provides $1,000,000 for the Office of Arctic Energy as proposed by the

Senate.
103

The conference agreement includes $5,000,000 for the inter- national renewable energy program. Of this amount, $1,000,000 is

to be provided to International Utility Efficiency Partnerships, Inc.

(IUEP). The IUEP shall competitively award all projects, continuing its leadership role in reducing carbon dioxide emissions

using voluntary market-based mechanisms. The conference agreement includes $4,000,000 for the renewable energy production incentive program. The conference agreement includes $6,600,000 for renewable

Indian energy resources projects as proposed by the Senate. The conference agreement includes $4,000,000 for renewable program support, of which $1,000,000 is for an Indoor Air Quality

and Energy Conservation Research Planning grant to study and

develop technologies to improve air quality within homes and

buildings.

Program direction.—The conference agreement includes $18,700,000 for program direction. The conferees have provided additional funding to support implementation of the management reforms identified in the recent National Academy of Public Administration review.

NUCLEAR ENERGY

The conference agreement provides $259,925,000 for nuclear energy activities instead of $231,815,000 as proposed by the House

and $262,084,000 as proposed by the Senate.

Advanced radioisotope power systems.—The conference agree- ment includes $32,200,000, an increase over the budget request of

$30,864,000. The additional funds are to maintain the infrastructure to support future national security needs and NASA missions.

Isotope support.—The conference agreement includes a total program level of $27,215,000 for the isotope program. This amount

is reduced by offsetting collections of $8,000,000 to be received in

fiscal year 2001, resulting in a net appropriation of $19,215,000.

The conferees understand that the total estimated cost of Project

99–E–201, the isotope production facility at Los Alamos National

Laboratory, has increased significantly due to factors outside the

control of the Office of Nuclear Energy and have included

$2,500,000 to partially cover these additional costs.

University reactor fuel assistance and support.—The conference

agreement includes $12,000,000, the same as the budget request.

Research and development.—The conference agreement provides $47,500,000 for nuclear energy research and development activities.

The conference agreement includes $5,000,000, the same as 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 total non-Federal contributions are equal to or in excess of total Department contributions to projects funded in this program.

The conferees have provided $35,000,000 for the nuclear energy research initiative.

The conference agreement includes $7,500,000 for nuclear energy technologies. The Senate had included these activities in the

nuclear energy research initiative program. Funding of $4,500,000
104

is provided to develop a road map for the commercial deployment

of a next generation power reactor; $1,000,000 for the preparation

of a detailed assessment that analyzes and describes the changes

needed to existing advanced light water reactor (ALWR) designs;

$1,000,000 for planning and implementation of initiatives in support of an advanced gas reactor; and $1,000,000 to undertake a

study to determine the feasibility of deployment of small modular

reactors.

Infrastructure.—The conference agreement includes the budget

request of $39,150,000 for ANL-West Operations, $9,000,000 for

test reactor landlord activities, and $44,010,000 for the Fast Flux

Test Facility.

Nuclear facilities management.—The conference agreement

adopts the budget structure proposed by the House and provides

$34,850,000 for nuclear facilities management activities, the same

as the budget request.

The conference agreement provides the full amount of the

budget request to complete draining and processing EBR-II primary sodium. The conferees direct the Department to notify the

House and Senate Committees on Appropriations immediately if

any issues arise that would delay the Department’s scheduled date

to complete these activities.

Uranium programs.—The conference agreement transfers the

budget request of $53,400,000 for uranium programs to a new appropriation account, Uranium Facilities Maintenance and Remediation.

Program direction.—The conference agreement includes

$22,000,000 for program direction. This reduction reflects the

transfer of 25 employees in the field and up to 5 employees at

Headquarters who managed the uranium programs to the Office of

Environmental Management.

ENVIRONMENT, SAFETY AND HEALTH

The conference agreement includes $35,998,000 for non-defense

environment, safety and health activities. The conferees direct that

the reduction from the budget request be directed to eliminate

lower-priority activities currently funded in this program. The conference agreement includes $1,000,000 to be transferred to the Occupational Safety and Health Administration as proposed by the

House. The conferees expect the Department to budget for this activity in fiscal year 2002.

TECHNICAL INFORMATION MANAGEMENT PROGRAM

The conference agreement includes $8,600,000 as proposed by

the Senate.

FUNDING ADJUSTMENTS

The conference agreement also includes $47,100,000, the same

amount as the budget request, for research performed by the Office

of Science related to renewable energy technologies, and $2,352,000

proposed as an offset from nuclear energy royalties to be received

in fiscal year 2001. A reduction of $16,582,000 reflects the transfer
105

of safeguards and security costs in accordance with the Department’s amended budget request.

NON-DEFENSE ENVIRONMENTAL MANAGEMENT

The conference agreement provides $277,812,000 for Non-De- fense Environmental Management instead of $281,001,000 as proposed by the House and $309,141,000 as proposed by the Senate.

Funding of $5,000,000 is provided to expedite environmental cleanup at the Brookhaven National Laboratory. No funding has been

provided for the Atlas site in Moab, Utah, which has not been authorized. The recommendation transfers $1,900,000 from the post2006 program to the site/project completion program to maintain

the schedule for completing cleanup of three Oakland geographic

sites.

URANIUM FACILITIES MAINTENANCE AND REMEDIATION

The conference agreement provides $393,367,000 for uranium activities instead of $301,400,000 as proposed by the House and

$297,778,000 as proposed by the Senate, and adopts the budget

structure proposed by the House.

URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING

FUND

The conference agreement includes $345,038,000 for the uranium enrichment decontamination and decommissioning fund. This

includes $273,038,000 for cleanup activities and $72,000,000 for

uranium and thorium reimbursements. The conferees recognize

there are eligible uranium and thorium licensee claims under Title

X of the Energy Policy Act that have been approved for reimbursement, but not yet paid in full. Additional funding of $42,000,000

over the budget request of $30,000,000 has been provided for these

payments.

URANIUM PROGRAMS

The conference agreement provides $62,400,000 for uranium activities, an increase of $9,000,000 over the budget request of

$53,400,000. Additional funding of $9,000,000, as proposed by the

Senate, has been provided for activities associated with the depleted uranium hexafluoride (DUF6) management and conversion

project.

DOMESTIC URANIUM INDUSTRY

The conferees are very concerned about the front end of the

U.S. nuclear fuel cycle. The conferees direct the Secretary to work

with the President and other Federal agencies to ensure that current laws with respect to the privatization of USEC and with respect to the implementation of the Russian HEU agreement and

their impact on United States domestic capabilities are carried out.

In addition, the Secretary is instructed to take timely measures to

ensure that conversion capability is not lost in the United States.

The conferees expect that any such measures will not interfere

with the implementation of the Russian HEU agreement and the

important national security goals it is accomplishing.
106

The conferees direct the Secretary to undertake an evaluation

and make specific recommendations on the various options to sustain a domestic uranium enrichment industry in the short and

long-term to be delivered to Congress no later than December 31,

2000. The Secretary’s evaluation shall include recommendations for

dealing with the Portsmouth facility and its role in maintaining a

secure and sufficient domestic supply of enriched uranium. Further, this investigation should consider the technological viability

and commercial feasibility of all proposed enrichment technologies

including various centrifuge options, AVLIS and SILEX technologies, or other emerging technology. The evaluation should also

consider the role of the Federal government in developing and supporting the implementation and regulation of these new technologies in order to secure a reliable and competitive source of domestic nuclear fuel.

FUNDING ADJUSTMENT

A reduction of $14,071,000 reflects the transfer of safeguards

and security costs in accordance with the Department’s amended

budget request.

SCIENCE

The conference agreement provides $3,186,352,000 instead of

$2,830,915,000 as proposed by the House and $2,870,112,000 as

proposed by the Senate. The conference agreement does not include

the Senate language earmarking funds for various purposes and

limiting funding for the small business innovation research program.

High energy physics.—The conference agreement provides

$726,130,000 for high energy physics and reflects the adjustments

recommended in the Science budget amendment submitted by the

Department. Funding of $230,931,000 has been provided for facility

operations at the Fermi National Accelerator Laboratory.

Nuclear physics.—The conference agreement provides

$369,890,000 for nuclear physics, the same as the original budget

request.

Biological and environmental research.—The conference agreement includes $500,260,000 for biological and environmental research. The conferees have included $20,135,000 for the low-dose

effects program, an increase of $8,453,000 over the budget request.

The conference agreement provides $9,000,000 for molecular nuclear medicine.

The conferees have provided the budget request of $2,500,000

for the Laboratory for Comparative and Functional Genomics at

Oak Ridge National Laboratory.

The conference agreement includes $2,000,000 for the Discovery Science Center in Orange County, California; $1,500,000 for

the Children’s Hospital emergency power plant in San Diego;

$1,000,000 for the Center for Science and Education at the University of San Diego; $500,000 for the bone marrow transplant program at Children’s Hospital Medical Center Foundation in Oakland, California; $1,000,000 for the North Shore Long Island Jewish Health System in New York; $1,700,000 for the Museum of
107

Science and Industry in Chicago; $2,000,000 for the Livingston Digital Millenium Center to be located at Tulane University; and

$1,000,000 for the Center for Nuclear Magnetic Resonance at the

University of Alabama—Birmingham.

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

Nanotechnology Engineering Center at the University of Notre

Dame in South Bend, Indiana; $2,000,000 for the School of Public

Health at the University of South Carolina for modernization upgrades; $2,000,000 for the National Center for Musculoskeletal Research at the Hospital for Special Surgery in New York; and

$1,300,000 for the Western States Visibility Assessment Program

at New Mexico Tech to trace emissions resulting from energy consumption.

The conference agreement includes $1,000,000 for high temperature super conducting research and development at Boston

College; $2,500,000 for the positron emission tomography facility at

West Virginia University; $1,000,000 for the advanced medical imaging center at Hampton University; $500,000 for the Natural Energy Laboratory in Hawaii; $800,000 for the Child Health Institute

of New Brunswick, New Jersey; and $900,000 for the linear accelerator for University Medical Center of Southern Nevada.

The conference agreement also includes $200,000 for the study

of biological effects of low level radioactive activity at University of

Nevada-Las Vegas; $1,000,000 for the Medical University of South

Carolina Oncology Center; $11,000,000 for development of technologies using advanced functional brain imaging methodologies,

including magnetoencephalography, for conduct of basic research in

mental illness and neurological disorders, and for construction;

$2,000,000 for a science and technology facility at New Mexico

Highlands University; $2,000,000 for the University of MissouriColumbia to expand the federal investment in the university’s nuclear medicine and cancer research capital program; and

$2,000,000 for the Inland Northwest Natural Resources Research

Center at Gonzaga University.

Basic energy sciences.—The conference agreement includes

$1,013,370,000 for basic energy sciences. The conferees have included $8,000,000 for the Experimental Program to Stimulate Competitive Research (EPSCoR).

Spallation Neutron Source.—The recommendation includes

$278,600,000, including $259,500,000 for construction and

$19,100,000 for related research and development, the same as the

amended budget request, for the Spallation Neutron Source.

Advanced scientific computing research.—The conference agreement includes $170,000,000 for advanced scientific computing research.

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 $33,930,000 for multi-program energy labs-facility support.

Fusion energy sciences.—The conference agreement includes

$255,000,000, as proposed by the House, for fusion energy sciences.
108

Safeguards and security.—Consistent with the Department’s

amended budget request for safeguards and security, the conference agreement includes $49,818,000 for safeguards and security

activities at laboratories and facilities managed by the Office of

Science. This is offset by a reduction of $38,244,000 that is to be

allocated among the various programs which budgeted for safeguards and security costs in their overhead accounts.

Program Direction.—The conference agreement includes $139,245,000 for program direction. Funding of $4,500,000 has

been provided for science education.

Funding adjustments.—A reduction of $38,244,000 reflects the

allocation of safeguards and security costs in accordance with the

Department’s amended budget request. A general reduction of

$34,047,000 has been applied to this account.

NUCLEAR WASTE DISPOSAL

The conference agreement provides $191,074,000 for Nuclear Waste Disposal instead of $213,000,000 as proposed by the House

and $59,175,000 as proposed by the Senate. Combined with the appropriation of $200,000,000 to the Defense Nuclear Waste Disposal

account, a total of $391,074,000 will be available for program activities in fiscal year 2001. The funding level reflects a reduction

of $39,500,000 from the budget request and the transfer of

$6,926,000 in safeguards and security costs in accordance with the

Department’s amended budget request. In addition, the conferees recommend that $10,000,000 of

funds previously appropriated for interim waste storage activities

in Public Law 104–46 may be made available upon written certification by the Secretary of Energy to the House and Senate Committees on Appropriations that the site recommendation report cannot be completed on time without additional funding.

Site recommendation report.—The conferees reiterate the expectation by Congress that the Department submit its site recommendation report in July 2001 according to the current schedule. While the conference agreement does not provide the full funding requested by the Department, the conferees expect the Department to promptly submit a reprogramming request if it becomes

apparent that limited funding will delay the site recommendation

report beyond July 2001.

The conferees further expect that, if the site is approved, the

Department will continue to analyze further design improvements

and enhancements between that time and the submittal of a license application to the Nuclear Regulatory Commission.

State oversight funding.—The conference agreement includes

$2,500,000 for the State of Nevada. This funding will be provided

to the Department of Energy which will reimburse the State for actual expenditures on appropriate scientific oversight responsibilities conducted pursuant to the Nuclear Waste Policy Act of 1982.

These funds are to be provided to the Nevada Division of Emergency Management for program management and execution and

may not be used for payment of salaries and expenses for State employees.

Local oversight funding.—The conference agreement includes

$6,000,000 for affected units of local government. The conferees ex-
109

pect the Department to provide the full amount of funding allocated to the State and local counties for oversight activities. Any

proposed reduction to the amounts identified by Congress for State

and local oversight will require prior approval of a reprogramming

request by the Committees on Appropriations.

Limitation on the use of funds to promote or advertise public

tours.—The conferees direct that none of the funds be used to promote or advertise any public tour of the Yucca Mountain facility,

other than public notice that is required by statute or regulation.

DEPARTMENTAL ADMINISTRATION

The conference agreement provides $226,107,000 for Departmental Administration instead of $153,527,000 as proposed by the

House and $210,128,000 as proposed by the Senate. Additional

funding adjustments include a transfer of $25,000,000 from Other

Defense Activities; the use of $8,000,000 of prior year balances; and

a reduction of $18,000 for safeguards and security costs. Revenues

of $151,000,000 are estimated to be received in fiscal year 2001, resulting in a net appropriation of $75,107,000.

The conference agreement provides $5,000,000 for the Office of

the Secretary as proposed by the House. All funds for the newly established National Nuclear Security Administration have been provided in the defense portion of this bill.

The conference agreement provides $32,148,000 for the Chief

Financial Officer, an increase of $1,400,000 over the budget request

of $30,748,000. These additional funds are to support the DOE

project management career development program.

Working capital fund.—The conference agreement does not include statutory language proposed by the House prohibiting funding Federal employee salaries and expenses in the working capital

fund. However, any proposal by the Department to transfer salaries and expenses to the working capital fund will require prior approval by the House and Senate Committees on Appropriations.

Cost of work for others.—The conference agreement includes a

one-time increase of $40,000,000 in the cost of work for others program to accommodate safeguards and security requirements. It is

anticipated that this amount will be offset by an estimated

$40,000,000 in revenues derived from non-Department of Energy

customers for the purpose of funding safeguards and security activities throughout the Department. In fiscal year 2002 and beyond, the conferees expect the Department to submit a safeguards

and security budget that includes amounts obtained previously

from other agencies or customers.

OFFICE OF THE INSPECTOR GENERAL

The conference agreement provides $31,500,000 for the Inspector General as proposed by the House instead of $28,988,000 as

proposed by the Senate. The conference agreement does not include

statutory language proposed by the House requiring a study of the

economic basis of recent gasoline price levels.
110

ATOMIC ENERGY DEFENSE ACTIVITIES

NATIONAL NUCLEAR SECURITY ADMINISTRATION

The conferees support the Administrator’s efforts to establish

and fill critical positions within the National Nuclear Security Administration (NNSA). The conferees agree that the Administrator’s

authority should not be impacted by any action that would otherwise limit or preclude hiring which may occur as a result of a

change of administrations, and that the Administrator should to

the maximum extent possible under applicable statutes proceed

with effecting appointments.

WEAPONS ACTIVITIES

The conference agreement provides $5,015,186,000 for Weapons Activities instead of $4,579,684,000 as proposed by the House

and $4,883,289,000 as proposed by the Senate. Statutory language

proposed by the House limiting the funds availability to two years

has not been included by the conferees.

Reprogramming.—The conference agreement provides limited

reprogramming authority of $5,000,000 or 5 percent, whichever is

less, within the Weapons Activities account without submission of

a reprogramming to be approved in advance by the House and Senate Committees on Appropriations. No individual program account

may be increased or decreased by more than this amount during

the fiscal year using this reprogramming authority. This should

provide the needed flexibility to manage this account.

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 $5,000,000 or 5 percent to an

individual program account during the fiscal year require prior notification and approval from the House and Senate Committees on

Appropriations.

The Department is directed to submit a report to the Committees on Appropriations by January 15, 2001, that reflects the allocation of the safeguards and security reduction, the use of prior

year balances and the application of general reductions, and any

proposed accounting adjustments.

Directed stockpile work.—In stockpile research and development, additional funding of $19,000,000 has been provided for life

extension development activities and to support additional sub-critical experiments. Additional funding of $10,000,000 has been provided to support activities required to maintain the delivery date

for a certified pit. No additional funds are provided for cooperative

research on hard and deeply buried targets.

Funding for stockpile maintenance has been increased by

$22,000,000 as follows: $13,000,000 for life extension operations

and development and engineering activities; $5,000,000 for the

Kansas City Plant; and $4,000,000 for the Y–12 Plant.

Funding for stockpile evaluation has been increased by

$23,000,000 as follows: $6,000,000 for the elimination of the testing

backlog and joint test equipment procurements; $8,000,000 for the

Pantex Plant; $6,000,000 for the Y–12 Plant; and $3,000,000 for

the Savannah River Plant.
111

Campaigns.—The conference agreement provides $41,400,000

for pit certification, the same as the budget request. Additional

funding of $10,000,000 has been provided for dynamic materials

properties to support the maintenance of core scientific capabilities,

Liner Demonstration Experiments, and other various multi-campaign supporting physics demonstrations for the Atlas pulsed

power facility at the Los Alamos National Laboratory and the Nevada Test Site.

An additional $15,000,000 has been provided to support research, development and pre-conceptual design studies for an advanced hydrodynamic test facility using protons.

Additional funding of $17,000,000 has been provided for enhanced surveillance activities as follows: $3,000,000 for the Kansas

City Plant; $7,000,000 for the Pantex Plant; $4,000,000 for the Y–

12 Plant; $1,000,000 for the Savannah River Plant; and $2,000,000

to support accelerated deployment of test and diagnostic equipment.

Funding for pit manufacturing readiness is increased by

$17,000,000. An increase of $2,000,000 is provided to initiate conceptual design work on a pit manufacturing facility. Additional

funding of $15,000,000 is provided to support the pit production

program which is now behind schedule and over cost. The conferees

strongly support the Senate language regarding the Department’s

lack of attention to this critical program and the requirement for

a progress report by December 1, 2000, and each quarter thereafter.

An additional $5,000,000 has been provided to the Y–12 Plant

for secondary readiness.

Inertial Fusion.—The conference agreement includes

$449,600,000 for the inertial fusion program in the budget structure proposed by the House.

Additional funding of $25,000,000 as proposed by the House

has been provided to further development of high average power lasers. The conference agreement includes the budget request of

$9,750,000 for the Naval Research Laboratory and the budget request of $32,150,000 for the University of Rochester. The conference agreement reflects the transfer of $40,000,000 from National Ignition Facility (NIF) operations funding to the NIF construction project.

The conference agreement provides $2,500,000 from within

available funds to transfer the Petawatt Laser from Lawrence

Livermore National Laboratory to the University of Nevada—Reno,

as proposed by the Senate.

National Ignition Facility.—The conference agreement provides

$199,100,000 for continued construction of the National Ignition

Facility (NIF). The conferees have included a directed reduction of

$25,000,000 in the Weapons Activities account which is to be applied to programs under the direction of the Lawrence Livermore

National Laboratory.

The conferees have included statutory language providing that

only $130,000,000 shall be made available for NIF at the beginning

of fiscal year 2001 and the remaining $69,100,000 shall be available only upon a certification after March 31, 2001, by the Admin-
112

istrator of the National Nuclear Security Administration that several requirements have been met. These requirements include:

A. A recommendation on an appropriate path forward for the

project based on a detailed review of alternative construction options that would (1) focus on first achieving operation of a 48 or

96 beam laser; (2) allow for the full demonstration of a such a system in support of the stockpile stewardship program before proceeding with construction and operation of a larger laser complex;

and (3) include a program and funding plan for the possible future

upgrade to a full NIF configuration. The recommendation should

include identification of available ‘‘off-ramps’’ and decision points

where the project could be scaled to a smaller system.

B. Certification that project and scientific milestones as established in the revised construction project data sheet for the fourth

quarter of fiscal year 2000 and the first two quarters of fiscal year

2001 have been met on schedule and on cost.

C. Certification that the first and second quarter project reviews in fiscal year 2001 determined the project to be on schedule

and cost and have provided further validation to the proposed path

forward.

D. Completion of a study that includes conclusions as to

whether the full-scale NIF is required in order to maintain the

safety and reliability of the current nuclear weapons stockpile, and

whether alternatives to the NIF could achieve the objective of

maintaining the safety and reliability of the current nuclear weapons stockpile.

E. Certification that the NIF project has implemented an integrated cost-schedule earned-value project control system by March

1, 2001.

F. A five-year budget plan for the stockpile stewardship program that fully describes how the NNSA intends to pay for NIF

over the out years and what the potential for other impacts on the

stockpile stewardship program will be.

The conferees remain concerned about the Department’s proposed budget increase and schedule delay for the NIF at the Lawrence Livermore National Laboratory (LLNL). The conferees believe that previously the Department of Energy, and most recently

the National Nuclear Security Administration (NNSA), may have

failed to examine adequately options for NIF that have fewer than

the full 192 beams. For example, a preferred course for NIF may

be to complete 48 or 96 beams as soon as possible (although block

procurement of infrastructure and glass may be considered), bring

the reduced NIF into operation, perform the necessary scientific

and technical tests to evaluate whether a full NIF will work and

its impact on stockpile stewardship, and then develop a path forward for NIF that balances its scientific importance within the

overall needs of the stockpile stewardship program. To move on

this path in fiscal year 2001, the conferees recommend that

$199,100,000 be appropriated for NIF as follows: $74,100,000 as

originally proposed for Project 96–D–111, $40,000,000 from NIF operations funding within the budget request for LLNL, $25,000,000

to be identified within the budget request at LLNL, plus an additional $60,000,000 in new appropriations.
113

Furthermore, the conferees direct the Administration to prepare a budget request for fiscal year 2002 that fully reflects a balanced set of programs and investments within the stockpile stewardship program, and that the overall budget profile over the next

eight years will accommodate a $3.4 billion NIF along with the

other critical aspects of the program.

Defense computing and modeling.—The conference agreement provides $786,175,000 for defense computing modeling and the Accelerated Strategic Computing Initiative in the budget structure

proposed by the House. The recommendation is $10,000,000 less

than the budget request, and the reduction should be taken against

lower priority activities.

Tritium.—A total of $167,000,000 is provided for continued research and development on a new source of tritium. Funding of

$15,000,000 has been provided for design only activities in Project

98–D–126, Accelerator Production of Tritium.

Readiness in technical base and facilities.—The conference

agreement includes several funding adjustments transferring funds

from this program to individual campaigns. For operations of facilities, $137,300,000 has been transferred to the inertial fusion program. An additional $36,000,000 has been

provided to the production plants for replacement of critical infrastructure and equipment as follows: $12,000,000 for the Kansas

City Plant; $12,000,000 for the Pantex Plant; $10,000,000 for the

Y–12 Plant; and $2,000,000 for the Savannah River Plant.

Additional funding of $10,000,000 has been provided for the operation of pulsed power facilities; $20,000,000 for microsystems

and microelectronics activities at the Sandia National Laboratory;

$7,000,000 for a replacement CMR facility at Los Alamos National

Laboratory; and $3,100,000 to fund the transition period for the

new contractor at the Pantex Plant in Texas.

For program readiness, the conference agreement transfers $7,400,000 to the inertial fusion program and adds $6,100,000 for

the TA–18 relocation.

For nuclear weapons incident response, a new program established in readiness technical base and facilities, the conference

agreement provides $56,289,000. Funding of $44,205,000 for the

nuclear emergency search team and $12,084,000 for the accident

response group was transferred from the emergency management

program in the Other Defense Activities account.

Special projects are supported at the budget request of

$48,297,000. Additional funds have not been provided for AMTEX.

From within available funds, $1,000,000 has been provided to support a program in partnership with university systems to meet the

needs of the NNSA.

For materials recycling, the conference agreement provides an

additional $8,000,000 to maintain restart schedules for hydrogen

fluoride and wet chemistry operations at the Y–12 Plant.

For containers, the conference agreement provides an additional $4,000,000 to support the effort to repackage pits which is

currently behind schedule at the Pantex Plant due to operational

problems.

Funding for advanced simulation and computing has been

transferred to the defense computing and modeling campaign.
114

The conference agreement does not provide additional funding

to process uranium-233 as proposed by the Senate, but the conferees expect the Department to act expeditiously to process this

material in a manner that would retain and make available isotopes for beneficial use. The Department should provide to the

House and Senate Committees a report on the status of this project

by March 1, 2001.

Construction projects.—The conference agreement provides

$35,500,000 for preliminary project engineering and design. Funding of $20,000,000 is provided for design and supporting infrastructure upgrades for the Microsystems and Engineering Sciences Applications facility at Sandia National Laboratory; $5,000,000 for

proof of concept and completion of facility operational capability for

the Atlas pulsed power machine at the Nevada Test Site; and

$1,000,000 for initiation of design activities for the relocation of the

TA–18 nuclear materials handling facility at Los Alamos National

Laboratory.

Safeguards and security.—Consistent with the Department’s

amended budget request for safeguards and security, the conference agreement includes $377,596,000 for safeguards and security activities at laboratories and facilities managed by the Office

of Defense Programs. This is offset by a reduction of $310,796,000

to be allocated among the various programs which budgeted for

safeguards and security costs in their overhead accounts.

Program direction.—The conference agreement provides

$224,071,000 for program direction as proposed by the Senate.

Funding adjustments.—The conference agreement includes the

use of $13,647,000 in prior year balances and a reduction of

$310,796,000 that reflects the allocation of safeguards and security

costs in accordance with the Department’s amended budget request. In addition, the conference agreement includes a general reduction of $35,700,000 of which $25,000,000 is to be taken against

programs at Lawrence Livermore National Laboratory.

DEFENSE NUCLEAR NONPROLIFERATION

The conference agreement provides $874,196,000 for Defense

Nuclear Nonproliferation instead of $861,477,000 as proposed by

the House and $908,967,000 as proposed by the Senate. Statutory

language proposed by the House limiting the funds availability to

two years has not been included by the conferees. Statutory language proposed by the Senate to earmark funding for the Incorporated Research Institutions for Seismology has not been included. The conferees have provided a total of $53,000,000 for the

long-term Russian initiative within this 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 direct that not more than the following percentages of

funding may be spent in the United States in fiscal year 2001 for

these programs: Materials Protection, Control and Accounting,

43%; International Proliferation Prevention Program, 40%; Nuclear
115

Cities Initiative, 49%; Russian Plutonium Disposition, 38%; and

International Nuclear Safety, 78%.

The conferees expect the Department to continue to increase

the level of funding which is provided to Russia versus the funding

which remains in the United States for Department of Energy contractors and laboratories in each subsequent year. The Department

is to provide a report to the Committees by January 31, 2001, 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 $252,990,000 for nonproliferation and verification research and development. Funding of

$17,000,000 has been provided for the nonproliferation and international security center (NISC) at Los Alamos National Laboratory, and $1,000,000 for the Incorporated Research Institutions for

Seismology PASSCAL Instrument Center.

Concerns have been raised repeatedly that there should be

more opportunity for open competition in certain areas of the nonproliferation and verification research and development program. A

recent report by an outside group established by the Department

to review the Office of Nonproliferation Research and Engineering

included a similar recommendation. The report stated that, ‘‘There

should be greater opportunity for the wider U.S. scientific and technical community to contribute to the success of the NN–20 portfolio. This can be done through open competition administered by

DOE Headquarters and through partnerships chosen and managed

by the DOE national laboratories.’’ * * * ‘‘Areas that come to mind

as candidates for open competition include seismic verification

technologies for very low yield underground nuclear tests and

chemical and biological agent detection and identification technologies. Other possible areas might be specialized electronic chip

development and certain radio-frequency technologies.’’

The conferees expect the Department to act in good faith on

the recommendations provided by the external review group, and

direct the Department to initiate a free and open competitive process for 25 percent of its research and development activities during

fiscal year 2001 for ground-based systems treaty monitoring. The

competitive process should be open to all Federal and non-Federal

entities.

The conferees direct the Department to report to the Committees on Appropriations on the status of implementing the external

review panel’s recommendations and the results of the directed

open competition by March 30, 2001.

Arms control.—The conference agreement provides

$152,014,000 for arms control activities including $24,500,000 for

the Initiatives for Proliferation Prevention and $27,500,000 for the

Nuclear Cities Initiative. In addition to the $10,000,000 added to

the Nuclear Cities Initiative, the conferees have provided another

$19,000,000 for the long-term Russian initiative in the arms control

program to be distributed as follows: $15,000,000 for spent fuel dry

storage; $500,000 for the plutonium registry at Mayak; $2,500,000
116

for geologic repository cooperation research and planning; and

$1,000,000 for research reactor spent fuel acceptance.

International materials protection, control and accounting

(MPC&A).—The conference agreement includes $173,856,000 for the MPC&A program including $24,000,000 for the long-term Russian initiative. The conferees have provided $5,000,000 for plutonium storage at Mayak and $19,000,000 for expanded MPC&A activities at Russian naval sites.

HEU transparency implementation.—The conference agree- ment provides $15,190,000, the same as the budget request.

International nuclear safety.—The conference agreement pro- vides $20,000,000, the same as the budget request, for the international nuclear safety program. 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 $1,000,000 for a cooperative effort between the

United States and Russia to address intergranular stress corrosion

cracking and restore the structural integrity of Russian nuclear

plants until decommissioning.

Fissile materials disposition.—The conference agreement pro- vides $249,449,000 for fissile materials disposition. Funding of

$139,517,000, as proposed by the House, has been provided for the

U.S. surplus materials disposition program. The conference agreement provides $26,000,000 for Project 99–D–143, the MOX fuel fabrication facility.

Program direction.—The conference agreement provides $51,468,000 for the program direction account as proposed by the

House. The conferees are aware that the Department does not have

enough qualified Federal employees available to manage the nonproliferation and national security programs, particularly the Russian programs. The conferees will favorably consider a reprogramming of funds from program areas to the program direction account

as Federal employees are hired to replace the contractor employees

who currently oversee these programs.

Funding adjustment.—The conference agreement includes a re- duction of $40,245,000 that reflects the transfer of safeguards and

security costs in accordance with the Department’s amended budget request.

NAVAL REACTORS

The conference agreement provides $690,163,000 for Naval Re- actors instead of $694,600,000 as proposed by the Senate and

$677,600,000 as proposed by the House. Additional funding of

$17,000,000 is provided to optimize the program to shutdown prototype reactors and complete all major inactivation work by fiscal

year 2002.

Funding adjustment.—The conference agreement includes a re- duction of $4,437,000 that reflects the transfer of safeguards and

security costs in accordance with the Department’s amended budget request.

OFFICE OF THE ADMINISTRATOR

The conference agreement provides $10,000,000 for this new

account as proposed by the Senate. These funds are provided to the
117

Administrator of the National Nuclear Security Administration for

the costs associated with hiring new employees and establishing

the office.

OTHER DEFENSE RELATED ACTIVITIES

DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT

The conference agreement provides $4,974,476,000 for Defense

Environmental Restoration and Waste Management instead of

$4,522,707,000 as proposed by the House and $4,635,763,000 as

proposed by the Senate. Additional funding of $1,082,714,000 is

contained in the Defense Facilities Closure Projects account and

$65,000,000 in the Defense Environmental Management Privatization account for a total of $6,122,190,000 provided for all defense

environmental management activities.

The conference agreement does not include statutory language

proposed by the House pertaining to the use of funds for the Waste

Isolation Pilot Plant or language proposed by the Senate earmarking funds for programs to be managed by the Carlsbad office

of the Department of Energy.

The conference agreement limits the number of motor vehicles

that can be purchased in fiscal year 2001 to not more than 30 for

replacement only. The conferees have included an additional reporting requirement on the entire Department and have specified

that sport utility vehicles are to be counted within this ceiling.

National monument designation.—The conferees agree that no

funds spent by the Department for the coordination, integration, or

implementation of a management plan related to the Hanford

Reach National Monument shall result in the reduction or delay of

cleanup at the Hanford site.

Site/Project Completion.—The conference agreement provides an additional $11,000,000 for F and H-area stabilization activities

at the Savannah River Site in South Carolina as proposed by the

House, and $19,000,000 to address funding shortfalls at the Hanford site in Richland, Washington, as proposed by the Senate.

Funding of $12,308,000 has been transferred to other accounts as

proposed by the House.

The conference agreement supports the budget request of

$2,500,000 for the cooperative agreement with WERC and provides

$25,000 for an independent evaluation of the mixed-waste landfill

at Sandia National Laboratories in New Mexico.

For construction, the conference agreement provides

$17,300,000 for Project 01–D–414, preliminary project engineering

and design (PE&D). Project 01–D–415, 235–F packaging and stabilization, at the Savannah River Site has been funded at

$4,000,000. Funding of $500,000 requested for Project 01–D–402,

INTEC cathodic protection system expansion project, at Idaho Falls

has been transferred to the new PE&D project. Funding of

$27,932,000 for the Highly Enriched Blend Down Facility has been

transferred to the fissile materials disposition program.

Post 2006 Completion.—The conference agreement includes an

additional $10,000,000 to maintain schedules required by revised

compliance agreements with the State of Washington as proposed

by the Senate, and $6,000,000 to support transuranic and low-level
118

waste activities at the Savannah River Site in South Carolina as

proposed by the House. Funding of $10,000,000 for the Four Mile

Branch project and $18,000,000 for the Consolidated Incinerator

Facility at the Savannah River Site has not been provided as proposed by the House. Funding of $18,692,000 has been transferred

to the Science and Technology program. The conference agreement provides $400,000 to begin design

activities for a subsurface geosciences laboratory at Idaho.

From within available funds for the Waste Isolation Pilot

Plant, $1,000,000 has been provided for a transparency demonstration project. A total of $3,000,000 has been provided to support a program

with the United States-Mexico Border Health Commission to demonstrate technologies to reduce hazardous waste streams and to

support the Materials Corridor Partnership Initiative. Funding of $1,300,000 for Project 01–D–403, immobilized high

level waste interim storage facility, at Richland, Washington, has

been transferred to the PE&D project in site/project completion account.

Office of River Protection.—The conference agreement provides $757,839,000 for the Office of River Protection at the Hanford site

in Washington. The conference agreement provides $377,000,000

for Project 01–D–416, Tank Waste Remediation System, at Richland, Washington, to vitrify the high-level waste in underground

tanks. Funding to vitrify waste at the Hanford site was requested

in the Defense Environmental Management Privatization account

in fiscal year 2001. However, due to the failure of the contractor

to provide a viable cost estimate under the concept of a ‘‘privatized’’

contract, the contract will now be structured as a cost plus incentive fee contract and will be funded in the regular appropriation account.

Science and technology development.—The conference agree- ment provides $256,898,000 for the science and technology development program. Funding of $21,000,000 has been transferred to this

account for the Idaho validation and verification program. This

transfer is not intended to reduce the environmental management

base program in Idaho. The Department is directed to provide

$10,000,000 for the next round of new and innovative research

grants in the environmental management science program in fiscal

year 2001, and $10,000,000 for technology deployment activities.

The conference agreement provides $4,000,000 for the international agreement with AEA Technology; $4,500,000 for the Diagnostic Instrumentation and Analysis Laboratory; $4,350,000 for the

university robotics research program; an additional $1,000,000 for

the D&D focus area; and up to $4,000,000 to continue evaluation,

development and demonstration of the Advanced Vitrification System upon successful completion of supplemental testing. The conferees have provided $2,000,000 to the National Energy Technology

Laboratory to be used for the continuation of the Mid-Atlantic Recycling Center for End-of-Life Electronics initiative (MARCEE) in

cooperation with the Polymer Alliance Zone.

The conference agreement includes $4,000,000 for the longterm stewardship program to be administered at Headquarters and

$4,000,000 for the Idaho National Engineering and Environmental
119

Laboratory. No funds are provided for the low dose radiation effects

program, as the entire Senate recommended amount is provided

within the Office of Science.

Safeguards and security.—Consistent with the Department’s

amended budget request for safeguards and security, the conference agreement includes $203,748,000 for safeguards and security activities at laboratories and facilities managed by the Office

of Defense Programs. This is offset by a reduction of $193,217,000

to be allocated among the various programs which budgeted for

safeguards and security costs in their overhead accounts.

Program direction.—The conferees have provided $363,988,000

for the program direction account. This funding level reflects the

transfer of the uranium programs from the office of nuclear energy

to the office of environmental management. Funding of $4,100,000

has been provided to allow for the transfer of up to 5 employees

from Headquarters and 25 employees at Oak Ridge who manage

the uranium programs.

Funding adjustments.—The conference agreement includes the

use of $34,317,000 of prior year balances and $50,000,000 in pension refunds, the same as the budget request. The conference

agreement includes a reduction of $193,217,000 that reflects the allocation of safeguards and security costs in accordance with the Department’s amended budget request. A general reduction of

$10,700,000 has also been included.

DEFENSE FACILITIES CLOSURE PROJECTS

The conference agreement appropriates $1,082,714,000 the

same as the amended budget request. The conferees expect the Department to request adequate funds to keep each of these projects

on a schedule for closure by 2006 or earlier.

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 $65,000,000 for the defense

environmental management privatization program instead of

$259,000,000 as proposed by the House and $324,000,000 as proposed by the Senate. The conference agreement provides no funds

for the Tank Waste Remediation System (TWRS) project at Hanford. Funding for this project, which had previously been considered as a privatization contract, has been transferred to the Defense Environmental Restoration and Waste Management appropriation account.

The conference agreement also includes a rescission of

$97,000,000 of funds previously appropriated for the TWRS project

in the Defense Environmental Management Privatization appropriation account.

OTHER DEFENSE ACTIVITIES

The conference agreement appropriates $585,755,000 for Other

Defense Activities instead of $592,235,000 as proposed by the

House and $579,463,000 as proposed by the Senate. Details of the

conference agreement are provided below.
120

SECURITY AND EMERGENCY OPERATIONS

For nuclear safeguards and security, the conference agreement

provides $116,409,000 as proposed by the House. The conferees

have provided $3,000,000 for the critical infrastructure protection

program, an increase of $600,000 over fiscal year 2000. The conference agreement also provides $2,000,000 to procure safety locks

to meet Federal specifications.

The conference agreement provides $33,000,000 for security investigations, the same as the budget request.

The conference agreement includes $33,711,000 for emergency

management. Funding of $3,600,000 was transferred to the program direction account to reflect the conversion of contractor employees to Federal employees at a substantial cost savings. Funding

of $44,205,000 for the nuclear emergency search team and

$12,084,000 for the accident response group was transferred to the

Weapons Activities account.

Program direction.—The conference agreement provides

$92,967,000 for the program direction account as proposed by the

House. This reflects the transfer of $3,600,000 from the emergency

management program.

INTELLIGENCE

The conference agreement includes $38,059,000 as proposed by

the House and the Senate to support the Department’s intelligence

program.

COUNTERINTELLIGENCE

The conference agreement includes $45,200,000 as proposed by

the House and the Senate to support the Department’s counterintelligence program.

ADVANCED ACCELERATOR APPLICATIONS

The conference agreement provides $34,000,000 to establish a

new program for advanced accelerator applications, including

$3,000,000 for research and development of technologies for economic and environmentally sound refinement of spent nuclear fuel

at the University of Nevada-Las Vegas.

The Department is directed to prepare a program plan for

managing and executing this program using the extensive expertise

of the Office of Science and the Office of Defense Programs in accelerator research, design, and applications, and the expertise of the

Office of Nuclear Energy in transmutation of nuclear waste. This

program plan should be submitted to the Committees by March 1,

2001.

The conferees make no recommendation as to how the Department should manage the advanced accelerator application program.

INDEPENDENT OVERSIGHT AND PERFORMANCE ASSURANCE

The conference agreement provides $14,937,000, the same as

the budget request for the office of independent oversight and performance assurance.
121

ENVIRONMENT, SAFETY AND HEALTH (DEFENSE)

The conference agreement provides $125,567,000 for defenserelated environment, safety and health activities. The conferees

have provided $3,000,000 to establish 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 undertake epidemiological studies of

workers; $880,000 to provide medical screening for workers employed at the Amchitka nuclear weapons test site; and $500,000 for

the State of Nevada to address deficiencies in the Cancer Registry,

Vital Statistics, and Birth Defects Registry activities.

The conference agreement includes $17,000,000 for the Department’s administrative costs associated with the proposed Energy

Employees Compensation Initiative. These funds are not available

until the program is authorized by law.

WORKER AND COMMUNITY TRANSITION

The conference agreement provides $24,500,000 for the worker

and community transition program, including $2,100,000 for infrastructure improvements at the former Pinellas plant. The conferees

expect that communities denied funds in fiscal year 2000 will be

granted priority status in fiscal year 2001.

The conference agreement provides that no funds may be used

to augment the $24,500,000 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 $25,000,000 for national security programs administrative support instead of $51,000,000 as

proposed by the House and no funding as proposed by the Senate.

OFFICE OF HEARINGS AND APPEALS

The conference agreement provides $3,000,000 as proposed by

the House and the Senate.

FUNDING ADJUSTMENTS

A reduction of $595,000 and the elimination of the $20,000,000

offset to user organizations for security investigations reflects the

allocation of the safeguards and security amended budget request.

DEFENSE NUCLEAR WASTE DISPOSAL

The conference agreement provides $200,000,000 as proposed

by the House instead of $292,000,000 as proposed by the Senate.
122

POWER MARKETING ADMINISTRATIONS

BONNEVILLE POWER ADMINISTRATION

The conferees have included the statutory language extending

Bonneville’s voluntary separation incentive program until January

1, 2003.

During fiscal year 2001, Bonneville plans to pay the Treasury

$620,000,000 of which $163,000,000 is to repay principal on the

Federal investment in these facilities.

SOUTHEASTERN POWER ADMINISTRATION

The conference agreement includes $3,900,000, the same as the

budget request, for the Southeastern Power Administration.

SOUTHWESTERN POWER ADMINISTRATION

The conference agreement includes $28,100,000, the same as

the budget request, for the Southwestern Power Administration.

WESTERN AREA POWER ADMINISTRATION

The conference agreement provides $165,830,000, instead of

$164,916,000 as proposed by the Senate and $160,930,000 as proposed by the House. The conference agreement increases the

amount of purchase power and wheeling to $65,224,000 and increases offsetting collections by the same amount. Funding of

$5,950,000 is provided for the Utah Reclamation Mitigation and

Conservation Account.

FALCON AND AMISTAD FUND

The conference agreement includes $2,670,000, the same as the

budget request, for the Falcon and Amistad Operating and Maintenance Fund.

FEDERAL ENERGY REGULATORY COMMISSION

The conference agreement includes $175,200,000, the same as

the budget request for the Federal Energy Regulatory Commission.

RESCISSIONS

DEFENSE NUCLEAR WASTE DISPOSAL

The conference agreement includes language rescinding

$75,000,000 from funds previously appropriated for interim waste

storage activities for Defense Nuclear Waste Disposal in Public

Law 104–46, the fiscal year 1996 Energy and Water Development

Appropriations Act.

DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION

The conference agreement includes language rescinding

$97,000,000 from the Defense Environmental Management Privatization account. Funds were appropriated in this account in prior

years for the Hanford Tank Waste Remediation System Project.

This project is no longer being considered for a privatization contract. It has been transferred to the Defense Environmental Res-
123

toration and Waste Management appropriation account and will be

funded there in future appropriation acts.

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. Section 301 does not

preclude extension of a contract awarded using competitive procedures.

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.

Sec. 303. The conference agreement modifies a provision proposed by the House that none of the funds may be used to augment

the $24,500,000 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.

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 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.

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.

Sec. 306. The conference agreement includes language providing that not to exceed 6 percent of funds shall be available for

Laboratory Directed Research and Development.

Sec. 307. The conference agreement includes language limiting to $185,000,000 the funds available for reimbursement of management and operating contractor travel expenses. Of the

$185,000,000, $175,000,000 is available for contractor travel and

$10,000,000 is to be held in reserve by the Department’s Chief Financial Officer for emergency travel requirements. The language

also requires the Department of Energy to reimburse contractors

for travel consistent with regulations applicable to Federal employees and specifies that the travel ceiling does not apply to travel

funded from Laboratory Directed Research and Development funds.

Sec. 308. The conference agreement includes language prohibiting the Bonneville Power Administration from performing energy

efficiency services outside the legally defined Bonneville service territory.
124

Sec. 309. 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’’.

Sec. 310. The conference agreement includes language 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.

Sec. 311. The conference agreement includes language allowing

each Federal power marketing administration to engage in activities relating to the formation and operation of a regional transmission organization.

Sec. 312. The conference agreement includes language that would permit the Secretary of Energy to use $10,000,000 of funds

previously appropriated for interim waste storage activities for Defense Nuclear Waste Disposal upon receipt of written certification

that the site recommendation report cannot be completed on time

without additional funding.

Sec. 313. The conference agreement includes language proposed by the Senate that would provide a three year term of office

for the first person appointed to the position of the Under Secretary of Nuclear Security of the Department of Energy.

Sec. 314. The conference agreement includes language proposed by the Senate limiting the authority of the Secretary of Energy to modify the organization of the National Nuclear Security

Administration.

Sec. 315. The conference agreement includes language proposed by the Senate prohibiting the pay of personnel engaged in

concurrent service or duties inside and outside the National Nuclear Security Administration.

Report on impacts of limits on on-site storage.—The conference

agreement does not include statutory language proposed by the

Senate, but the conferees direct that not later than 90 days after

enactment of the fiscal year 2001 Energy and Water Development

Appropriations Act, the Secretary of Energy shall submit to Congress a report containing a description of all alternatives that are

available to the Northern States Power Company and the Federal

government to allow the company to continue to operate the Prairie

Island nuclear generating plant until the end of the term of the license issued to the company by the Nuclear Regulatory Commission, in view of a law of the State of Minnesota that limits the

quantity of spent nuclear fuel that may be stored at the plant, assuming that the existing Federal and State laws remain unchanged.

Report on electricity prices.—The conferees note that California

is currently experiencing an energy crisis. Wholesale electricity

prices have soared, resulting in electrical bills that have increased
125

by as much as 300 percent in the San Diego area. Conferees understand that the staff of the Federal Energy Regulatory Commission

is currently investigating the crisis. The Commission is directed to

submit to Congress a report on the results of the investigation no

later than December 1, 2000. The report shall include identification

of the causes of the San Diego price increases, a determination

whether California wholesale electricity markets are competitive, a

recommendation whether a regional price cap should be set in the

Western States, a determination whether manipulation of prices

has occurred at the wholesale level, and a determination of remedies, including legislation or regulations, that are necessary to correct the problem and prevent similar incidents in California and

elsewhere in the United States.

Provisions not adopted by the conferees.—The conference agreement deletes language proposed by the House and Senate prohibiting the use of funds for contracts modified in a manner that deviates from the Federal Acquisition Regulation.

The conference agreement deletes language proposed by the

Senate allowing the Secretary of Energy to enter into multiyear

contracts without obligating the estimated costs.

The conference agreement deletes language proposed by the

Senate requiring the Department of Energy’s laboratories to provide an annual funding plan to the Department.

The conference agreement deletes language proposed by the

House prohibiting the payment of Federal salaries in the working

capital fund.

The conference agreement deletes language proposed by the

Senate prohibiting the expenditure of funds to establish or maintain independent centers at Department of Energy laboratories or

facilities. The conference agreement includes report language requiring the Department to identify these centers in the budget request.

The conference agreement deletes language proposed by the

House requiring a report on activities of the executive branch to

address high gasoline prices and develop an overall national energy

strategy.

The conference agreement deletes language proposed by the

Senate prohibiting the expenditure of funds to restart the High

Flux Beam Reactor.

The conference agreement deletes language proposed by the

Senate limiting the inclusion of costs of protecting fish and wildlife

within the rates charged by the Bonneville Power Administration.

The conference agreement deletes language proposed by the

Senate limiting the cost of construction of the National Ignition Facility.

The conference agreement deletes language proposed by the

Senate requiring an evaluation of innovative technologies for demilitarization of weapons components and treatment of hazardous

waste.

The conference agreement deletes language proposed by the

Senate requiring a report on national energy policy.

The conference agreement deletes language proposed by the

Senate noting concern with the House provision on limiting funds

for worker and community transition.
126

The conference agreement deletes language proposed by the

Senate requiring a report on the impact of State-imposed limits on

spent nuclear fuel storage. This requirement has been included in

report language.

The conference agreement deletes language proposed by the

Senate limiting the use of funds to promote or advertise public

tours at Yucca Mountain. This requirement has been included in

report language.

CONFERENCE RECOMMENDATIONS

The conference agreement’s detailed funding recommendations

for programs in title III are contained in the following table.
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147

TITLE IV

INDEPENDENT AGENCIES

APPALACHIAN REGIONAL COMMISSION

The conference agreement includes $66,400,000 for the Appalachian Regional Commission as proposed by the Senate instead of

$63,000,000 as proposed by the House.

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

The conference agreement includes $18,500,000 for the Defense

Nuclear Facilities Safety Board as proposed by the Senate instead

of $17,000,000 as proposed by the House.

DELTA REGIONAL AUTHORITY

The conference agreement includes $20,000,000 for the Delta

Regional Authority as proposed by the Senate.

DENALI COMMISSION

The conference agreement includes $30,000,000 for the Denali

Commission as proposed by the Senate.

NUCLEAR REGULATORY COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $481,900,000 as proposed

by the House and the Senate, to be offset by revenues of

$447,958,000, for a net appropriation of $33,942,000. This reflects

the statutory language adopted by the conference to reduce the revenues collected in fiscal year 2001 by 2 percent.

OFFICE OF INSPECTOR GENERAL

The conference agreement includes $5,500,000 as proposed by

the House and the Senate, to be offset by revenues of $5,390,000,

for a net appropriation of $110,000. This reflects the statutory language adopted by the conference to reduce the revenues collected

in fiscal year 2001 by 2 percent.

NUCLEAR WASTE TECHNICAL REVIEW BOARD

The conference agreement provides $2,900,000 instead of

$2,700,000 as proposed by House and $3,000,000 as proposed by

the Senate.

GENERAL PROVISIONS

The conference agreement deletes language proposed by the

Senate establishing a Presidential Energy Commission.
148

TITLE V

FISCAL YEAR 2001 EMERGENCY APPROPRIATIONS

DEPARTMENT OF ENERGY

ATOMIC ENERGY DEFENSE ACTIVITIES

CERRO GRANDE FIRE ACTIVITIES

The conference agreement includes an emergency appropriation of $203,460,000 as proposed by the Senate for Cerro Grande

Fire Activities at the Los Alamos National Laboratory in New Mexico.

The recommendation includes $46,860,000 for repair and risk

mitigation associated with physical damage and destruction;

$25,400,000 for restoring services; $18,000,000 for emergency response; and $15,000,000 for resuming laboratory operations.

In addition, funding is provided for the following construction

projects: $6,100,000 for Project 97–D–102, Dual-Axis Radiographic

Hydrotest Facility (DAHRT); $25,000,000 for Project 01–D–701,

Site-wide Fire Alarm System Replacement; $20,000,000 for Project

01–D–702, Emergency Operations Center Replacement and Relocation; $29,100,000 for Project 01–D–703, TA–54 Waste Management

Mitigation; $10,000,000 for Project 01–D–704, Office Building Replacement Program for Vulnerable Facilities; and $8,000,000 for

Project 01–D–705, Multi-channel Communications System. The Department is directed to include construction project data sheets for

these projects in the fiscal year 2002 budget request.

INDEPENDENT AGENCIES

APPALACHIAN REGIONAL COMMISSION

The conference agreement includes an emergency appropria- tion of $11,000,000 for the Appalachian Regional Commission.

TITLE VI

GENERAL PROVISIONS

Sec. 601. The conference agreement includes language directing that none of the funds in this Act or any prior appropriations

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.

Sec. 602. 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.

Sec. 603. The conference agreement includes language 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. The language also provides that the costs of the Kesterson Reservoir
149

Cleanup Program and the San Joaquin Valley Drainage Program

shall be classified as reimbursable or non-reimbursable by the Secretary of the Interior and that any future obligation of funds for

drainage service or drainage studies for the San Luis Unit shall be

fully reimbursable by San Luis Unit beneficiaries pursuant to Reclamation law.

Sec. 604. The conference agreement includes language proposed by the Senate limiting the use of funds to propose or issue

rules, regulations, decrees, or orders for the purpose of implementing the Kyoto Protocol. The conferees do not concur with the

report language proposed by the House.

Sec. 605. The conference agreement includes language prohibiting the use of funds to pay an individual who simultaneously

holds positions within the National Nuclear Security Administration and the Department of Energy.

Sec. 606. The conference agreement includes language extending the Coastal Wetlands Planning, Protection and Restoration Act.

Sec. 607. The conference agreement includes language redesignating the Interstate Sanitation Commission as the Interstate Environmental Commission.

Provisions not adopted.—The conference agreement deletes

language proposed by the House amending the Energy Policy and

Conservation Act.

The conference agreement deletes language proposed by the

House limiting the use of funds to pay salaries of employees of the

Department of Energy who refused to take polygraph examinations.

The conference agreement deletes language proposed by the

Senate repealing sections of Public Law 106–246.

The conference agreement deletes language proposed by the

Senate requiring the Tennessee Valley Authority to complete an

environmental impact statement before proceeding with the sale of

mineral rights.

The conference agreement deletes language proposed by the

Senate requiring a report to Congress on electricity prices. This requirement has been included in report language.

TITLE VII

DEPARTMENT OF THE TREASURY

BUREAU OF THE PUBLIC DEBT

GIFTS TO THE UNITED STATES FOR REDUCTION OF THE PUBLIC DEBT

The conference agreement includes language providing funds

to reduce the public debt.

TITLE VIII

NUCLEAR REGULATORY COMMISSION

The conference agreement includes language extending the Nuclear Regulatory Commission’s (NRC) authority to assess license

and annual fees through fiscal year 2005. This extension is necessary to provide the resources needed to fund the activities of the
150

Commission. The conferees have also provided authority to reduce

the fee recovery requirement from 100 percent to 98 percent in fiscal year 2001, and further decrease the fee incrementally until the

fee recovery requirement is reduced to 90 percent in 2005. This will

address fairness and equity concerns relating to charging NRC licensees for agency expenses which do not provide a direct benefit

to them.

CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year

2001 recommended by the Committee of Conference, with comparisons to the fiscal year 2000 amount, the 2001 budget estimates,

and the House and Senate bills for 2001 follow:

(In thousands of dollars)

New budget (obligational) authority, fiscal year 2000 ........................ $21,647,047

Budget estimates of new (obligational) authority, fiscal year 2001 23,146,559

House bill, fiscal year 2001 ................................................................... 22,204,000

Senate bill, fiscal year 2001 .................................................................. 23,131,901

Conference agreement, fiscal year 2001 .............................................. 24,066,880

Conference agreement compared with:

New budget (obligational) authority, fiscal year 2000 ................ +2,419,833

Budget estimates of new (obligational) authority, fiscal year

2001 .............................................................................................. +920,321

House bill, fiscal year 2001 ............................................................ +1,862,880

Senate bill, fiscal year 2001 ........................................................... +934,979

RON PACKARD, HAROLD ROGERS, JOE KNOLLENBERG, RODNEY P. FRELINGHUYSEN, SONNY CALLAHAN, TOM LATHAM, ROGER F. WICKER, C.W. BILL YOUNG, PETER VISCLOSKY, CHET EDWARDS,

ED PASTOR,

MICHAEL P. FORBES

Managers on the Part of the House.
151

PETE V. DOMENICI, THAD COCHRAN, SLADE GORTON, MITCH MCCONNELL, ROBERT F. BENNETT, CONRAD BURNS, LARRY E. CRAIG, TED STEVENS, HARRY REID, ROBERT C. BYRD, ERNEST F. HOLLINGS, PATTY MURRAY, HERB KOHL, DANIEL INOUYE

Managers on the Part of the Senate.

Æ