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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.
General Investigations
For expenses necessary for the collection and study of
basic information pertaining to river and harbor, flood
control, shore protection, and related projects, restudy of
authorized projects, miscellaneous investigations, and, when
authorized by laws, surveys and detailed studies and plans and
specifications of projects prior to construction, $160,038,000,
to remain available until expended: Provided, That in
conducting the Southwest Valley Flood Damage Reduction Study,
Albuquerque, New Mexico, the Secretary of the Army, acting
through the Chief of Engineers, shall include an evaluation of
flood damage reduction measures that would otherwise be
excluded from the feasibility analysis based on policies
regarding the frequency of flooding, the drainage areas, and
the amount of runoff: Provided further, That the Secretary of
the Army is directed to use $750,000 of the funds appropriated
herein to continue preconstruction engineering and design for
the Murrieta Creek, California flood protection and
environmental restoration project in accordance with
Alternative 6, based on the Murrieta Creek feasibility report
and environmental impact statement dated June 2000 at a total
cost of $90,866,000, with an estimated Federal cost of
$59,063,900 and an estimated non-Federal cost of $31,803,100.
Construction, General
For the prosecution of river and harbor, flood control,
shore protection, and related projects authorized by laws; and
detailed studies, and plans and specifications, of projects
(including those for development with participation or under
consideration for participation by States, local governments,
or private groups) authorized or made eligible for selection by
law (but such studies shall not constitute a commitment of the
Government to construction), $1,695,699,000, to remain
available until expended, of which such sums as are necessary
for the Federal share of construction costs for facilities
under the Dredged Material Disposal Facilities program shall be
derived from the Harbor Maintenance Trust Fund, as authorized
by Public Law 104-303; and of which such sums as are necessary
pursuant to Public Law 99-662 shall be derived from the Inland
Waterways Trust Fund, for one-half of the costs of construction
and rehabilitation of inland waterways projects, including
rehabilitation costs for the Lock and Dam 12, Mississippi
River, Iowa; Lock and Dam 24, Mississippi River, Illinois and
Missouri; Lock and Dam 3, Mississippi River, Minnesota; and
London Locks and Dam, and Kanawha River, West Virginia,
projects; and of which funds are provided for the following
projects in the amounts specified:
San Gabriel Basin Groundwater Restoration,
California, $25,000,000;
San Timoteo Creek (Santa Ana River Mainstem),
California, $5,000,000;
Indianapolis Central Waterfront, Indiana,
$10,000,000;
Southern and Eastern Kentucky, Kentucky,
$4,000,000;
Clover Fork, Middlesboro, City of Cumberland, Town
of Martin, Pike County (including Levisa Fork and Tug
Fork Tributaries), Bell County, Martin County, and
Harlan County, Kentucky, elements of the Levisa and Tug
Forks of the Big Sandy River and Upper Cumberland
River, Kentucky, $20,000,000: Provided, That the
Secretary of theArmy, 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
Carolina-Ocean Isle Beach portion in accordance with the
General Reevaluation Report approved by the Chief of Engineers
on May 15, 1998: Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, is directed to use
not to exceed $300,000 of funds appropriated herein to
reimburse the City of Renton, Washington, at full Federal
expense, for mitigation expenses incurred for the flood control
project constructed pursuant to 33 U.S.C. 701s at Cedar River,
City of Renton, Washington, as a result of over-dredging by the
Army Corps of Engineers: Provided further, That $2,000,000 of
the funds appropriated herein shall be available for
stabilization and renovation of Lock and Dam 10, Kentucky
River, Kentucky, subject to enactment of authorization by law:
Provided further, That the Secretary of the Army, acting
through the Chief of Engineers, is directed to use $3,000,000
of the funds appropriated herein to initiate construction of a
navigation project at Kaumalapau Harbor, Hawaii: Provided
further, That the Secretary of the Army is directed to use
$2,000,000 of the funds provided herein for Dam Safety and
Seepage/Stability Correction Program to design and construct
seepage control features at Waterbury Dam, Winooski River,
Vermont: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, is directed to design
and construct barge lanes at the Houston-Galveston Navigation
Channels, Texas, project, immediately adjacent to either side
of the Houston Ship Channel, from Bolivar Roads to Morgan
Point, to a depth of 12 feet with prior years' Construction,
General carry-over funds: Provided further, That the Secretary
of the Army, acting through the Chief of Engineers, may use
Construction, General funding as directed in Public Law 105-62
and Public Law 105-245 to initiate construction of an emergency
outlet from Devils Lake, North Dakota, to the Sheyenne River,
except that the funds shall not become available unless the
Secretary of the Army determines that an emergency (as defined
in section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122)) exists with respect
to the emergency need for the outlet and reports to Congress
that the construction is technically sound, economically
justified, and environmentally acceptable, and in compliance
with the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.): Provided further, That the economic
justification for the emergency outlet shall be prepared in
accordance with the principles and guidelines for economic
evaluation as required by regulations and procedures of the
Army Corps of Engineers for all flood control projects, and
that the economic justification be fully described, including
the analysis of the benefits and costs, in the project plan
documents: Provided further,That the plans for the emergency
outlet shall be reviewed and, to be effective, shall contain assurances
provided by the Secretary of State, after consultation with the
International Joint Commission, that the project will not violate the
requirements or intent of the Treaty Between the United States and
Great Britain Relating to Boundary Waters Between the United States and
Canada, signed at Washington, January 11, 1909 (36 Stat. 2448; TS 548)
(commonly known as the ``Boundary Waters Treaty of 1909''): Provided
further, That the Secretary of the Army shall submit the final plans
and other documents for the emergency outlet to Congress: Provided
further, That no funds made available under this Act or any other Act
for any fiscal year may be used by the Secretary of the Army to carry
out the portion of the feasibility study of the Devils Lake Basin,
North Dakota, authorized under the Energy and Water Development
Appropriations Act, 1993 (Public Law 102-377), that addresses the needs
of the area for stabilized lake levels through inlet controls, or to
otherwise study any facility or carry out any activity that would
permit the transfer of water from the Missouri River Basin into Devils
Lake.
flood control, mississippi river and tributaries, arkansas, illinois,
kentucky, louisiana, mississippi, missouri, and tennessee
For expenses necessary for prosecuting work of flood
control, and rescue work, repair, restoration, or maintenance
of flood control projects threatened or destroyed by flood, as
authorized by law (33 U.S.C. 702a and 702g-1), $347,731,000, to
remain available until expended: Provided, That the Secretary
of the Army is directed to complete his analysis and
determination of Federal maintenance of the Greenville Inner
Harbor, Mississippi navigation project in accordance with
Section 509 of the Water Resources Development Act of 1996.
Operation and Maintenance, General
For expenses necessary for the preservation, operation,
maintenance, and care of existing river and harbor, flood
control, and related works, including such sums as may be
necessary for the maintenance of harbor channels provided by a
State, municipality or other public agency, outside of harbor
lines, and serving essential needs of general commerce and
navigation; surveys and charting of northern and northwestern
lakes and connecting waters; clearing and straightening
channels; and removal of obstructions to navigation,
$1,901,959,000, to remain available until expended, of which
such sums as become available in the Harbor Maintenance Trust
Fund, pursuant to Public Law 99-662, may be derived from that
Fund, and of which such sums as become available from the
special account established by the Land and Water Conservation
Act of 1965, as amended (16 U.S.C. 460l), may be derived from
that account for construction, operation, and maintenance of
outdoor recreation facilities: Provided, That the Secretary of
the Army, acting through the Chief of Engineers, from the funds
provided herein for the operation and maintenance of New York
Harbor, New York, is directed to prepare the necessary
documentation and initiate removal of submerged obstructions
and debris in the area previously marked by the Ambrose Light
Tower in the interest of safe navigation: Provided further,
That the Secretary of the Army is directed to use $500,000 of
funds appropriated herein to remove and reinstall the docks and
causeway, in kind, at Astoria East Boat Basin, Oregon: Provided
further, That $500,000 of the funds appropriated herein for the
Ohio River Open Channel, Illinois, Kentucky, Indiana, Ohio,
West Virginia, and Pennsylvania, project, are provided for the
Secretary of the Army, acting through the Chief of Engineers,
to dredge a channel from the mouth of Wheeling Creek to Tunnel
Green Park in Wheeling, West Virginia.
Regulatory Program
For expenses necessary for administration of laws
pertaining to regulation of navigable waters and wetlands,
$125,000,000, to remain available until expended: Provided,
That the Secretary of the Army, acting through the Chief of
Engineers, is directed to use funds appropriated herein to: (1)
by March 1, 2001, supplement the report, Cost Analysis For the
1999 Proposal to Issue and Modify Nationwide Permits, to
reflect the Nationwide Permits actually issued on March 9,
2000, including changes in the acreage limits, preconstruction
notification requirements and general conditions between the
rule proposed on July 21, 1999, and the rule promulgated and
published in the Federal Register; (2) after consideration of
the cost analysis for the 1999 proposal to issue and modify
nationwide permits and the supplement prepared pursuant to this
Act and by September 30, 2001, prepare, submit to Congress and
publish in the Federal Register a Permit Processing Management
Plan by which the Corps of Engineers will handle the additional
work associated with all projected increases in the number of
individual permit applications and preconstruction
notifications related to the new and replacement permits and
general conditions. The Permit Processing Management Plan shall
include specific objective goals and criteria by which the
Corps of Engineers'progress towards reducing any permit backlog
can be measured; (3) beginning on December 31, 2001, and on a biannual
basis thereafter, report to Congress and publish in the Federal
Register, an analysis of the performance of its program as measured
against the criteria set out in the Permit Processing Management Plan;
(4) implement a 1-year pilot program to publish quarterly on the U.S.
Army Corps of Engineer's Regulatory Program website all Regulatory
Analysis and Management Systems (RAMS) data for the South Pacific
Division and North Atlantic Division beginning within 30 days of the
enactment of this Act; and (5) publish in Division Office websites all
findings, rulings, and decisions rendered under the administrative
appeals process for the Corps of Engineers Regulatory Program as
established in Public Law 106-60: Provided further, That, through the
period ending on September 30, 2003, the Corps of Engineers shall allow
any appellant to keep a verbatim record of the proceedings of the
appeals conference under the aforementioned administrative appeals
process: Provided further, That within 30 days of the enactment of this
Act, the Secretary of the Army, acting through the Chief of Engineers,
shall require all U.S. Army Corps of Engineers Divisions and Districts
to record the date on which a Section 404 individual permit application
or nationwide permit notification is filed with the Corps of Engineers:
Provided further, That the Corps of Engineers, when reporting permit
processing times, shall track both the date a permit application is
first received and the date the application is considered complete, as
well as the reason that the application is not considered complete upon
first submission.
Formerly Utilized Sites Remedial Action Program
For expenses necessary to clean up contamination from sites
throughout the United States resulting from work performed as
part of the Nation's early atomic energy program, $140,000,000,
to remain available until expended.
General Expenses
For expenses necessary for general administration and
related functions in the Office of the Chief of Engineers and
offices of the 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 congressional 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
Actof 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.
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 related 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 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 on-reservation 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.
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 appropriation, 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 yearsto 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--
(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 Facilities
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 Colorado-Big 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.''.
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.
(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 passengermotor 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 First-Of-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.
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 reception 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 andused 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.
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 (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.
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.
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 fiscalyear 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--
(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 government-
owned, 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 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 AppropriationsAct, 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 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
Administration. (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, 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, 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 requirement 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 Labeling
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 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 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. 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''.
(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,
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.
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.
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 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 sounddredged
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 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 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 cooperationagreement for the White River, Muncie,
Indiana, project; $250,000 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.
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.
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
Operation 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 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 available 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, 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 benefit-cost 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 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.
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 support 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.
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
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.
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.
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.
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; $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
provides $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.
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.
The conference agreement includes $5,000,000 for the
international 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
agreement 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 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 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-
Defense 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 post-2006 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 Federalagencies 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.
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 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 Missouri-Columbia 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.
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 expect 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 thepurpose 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.
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.
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 Administrator 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.
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.
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 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 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
agreement provides $15,190,000, the same as the budget request.
International nuclear safety.--The conference agreement
provides $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
provides $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
reduction 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
Reactors 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
reduction 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 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 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
agreement 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
long-term stewardship program to be administered at
Headquarters and $4,000,000 for the Idaho National Engineering
and Environmental 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.
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.
Environment, Safety and Health (Defense)
The conference agreement provides $125,567,000 for
defense-related 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.
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 Restoration 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.
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 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.
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.
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.
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
appropriation 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 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 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.
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.
