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107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    107-258

======================================================================



 
 MAKING APPROPRIATIONS FOR ENERGY AND WATER DEVELOPMENT FOR THE FISCAL 
         YEAR ENDING SEPTEMBER 30, 2002, AND FOR OTHER PURPOSES

                                _______
                                

                October 30, 2001.--Ordered to be printed

                                _______
                                

Mr. Callahan, from the committee of conference, submitted the following

                           CONFERENCE REPORT

                        [To accompany H.R. 2311]

      The committee of conference on the disagreeing votes of 
the two Houses on the amendment of the Senate to the bill (H.R. 
2311) ``making appropriations for energy and water development 
for the fiscal year ending September 30, 2002, and for other 
purposes'', having met, after full and free conference, have 
agreed to recommend and do recommend to their respective Houses 
as follows:
      That the House recede from its disagreement to the 
amendment of the Senate, and agree to the same with an 
amendment, as follows:
      In lieu of the matter stricken and inserted by said 
amendment, insert:
That the following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the fiscal year 
ending September 30, 2002, for energy and water development, 
and for other purposes, namely:

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

    The following appropriations shall be expended under the 
direction of the Secretary of the Army and the supervision of 
the Chief of Engineers for authorized civil functions of the 
Department of the Army pertaining to rivers and harbors, flood 
control, beach erosion, and related purposes.

                         General Investigations

    For expenses necessary for the collection and study of 
basic information pertaining to river and harbor, flood 
control, shore protection, and related projects, restudy of 
authorized projects, miscellaneous investigations, and, when 
authorized by laws, surveys and detailed studies and plans and 
specifications of projects prior to construction, $154,350,000, 
to remain available until expended: Provided, That the 
Secretary of the Army, acting through the Chief of Engineers, 
is directed to use funds appropriated herein to continue 
preconstruction engineering and design of the Murrieta Creek, 
California, flood protection and environmental enhancement 
project and is further directed to continue with the project in 
accordance with cost sharing established for the Murrieta Creek 
project in Public Law 106-377: Provided further, That the 
Secretary of the Army, acting through the Chief of Engineers, 
is directed to use the feasibility report prepared under the 
authority of section 205 of the Flood Control Act of 1948, as 
amended, as the basis for the Rock Creek-Keefer Slough Flood 
Control Project, Butte County, California, and is further 
directed to use funds appropriated herein for preconstruction 
engineering and design of the project: Provided further, That 
in conducting the Southwest Valley Flood Damage Reduction 
Study, Albuquerque, New Mexico, the Secretary of the Army, 
acting through the Chief of Engineers, shall include an 
evaluation of flood damage reduction measures that would 
otherwise be excluded from the feasibility analysis based on 
policies regarding the frequency of flooding, the drainage 
areas, and the amount of runoff: Provided further, That the 
Secretary of the Army, acting through the Chief of Engineers, 
is directed to conduct studies for flood damage reduction, 
environmental protection, environmental restoration, water 
supply, water quality, and other purposes in Tuscaloosa County, 
Alabama, and shall provide a comprehensive plan for the 
development, conservation, disposal, and utilization of water 
and related land resources, for flood damage reduction and 
allied purposes, including the determination of the need for a 
reservoir to satisfy municipal and industrial water supply 
needs: Provided further, That using $1,000,000 of the funds 
provided herein, the Secretary of the Army, acting through the 
Chief of Engineers, is directed to conduct a comprehensive 
watershed study at full Federal expense to provide a framework 
for implementing activities to improve environmental quality of 
the Lake Tahoe Basin and the Secretary shall submit a 
feasibility level report within 30 months of enactment of this 
Act: Provided further, That Appendix D, Chapter 5 of Public Law 
106-554 is amended in the last sentence under the subheading 
titled ``General Investigations'' by striking ``a cost shared 
feasibility study of'' and inserting ``planning, engineering 
and design activities for''.

                         Construction, General

    For the prosecution of river and harbor, flood control, 
shore protection, and related projects authorized by laws; and 
detailed studies, and plans and specifications, of projects 
(including those for development with participation or under 
consideration for participation by States, local governments, 
or private groups) authorized or made eligible for selection by 
law (but such studies shall not constitute a commitment of the 
Government to construction), $1,715,951,000, to remain 
available until expended, of which such sums as are necessary 
for the Federal share of construction costs for facilities 
under the Dredged Material Disposal Facilities program shall be 
derived from the Harbor Maintenance Trust Fund, as authorized 
by Public Law 104-303; and of which such sums as are necessary 
pursuant to Public Law 99-662 shall be derived from the Inland 
Waterways Trust Fund, for one-half of the costs of construction 
and rehabilitation of inland waterways projects, including 
rehabilitation costs for the Lock and Dam 11, Mississippi 
River, Iowa; Lock and Dam 12, Mississippi River, Iowa; Lock and 
Dam 24, Mississippi River, Illinois and Missouri; Lock and Dam 
3, Mississippi River, Minnesota; and London Locks and Dam, 
Kanawha River, West Virginia, projects; and of which funds are 
provided for the following projects in the amounts specified:
            San Timoteo Creek (Santa Ana River Mainstem), 
        California, $8,000,000;
            Indianapolis Central Waterfront, Indiana, 
        $9,000,000;
            Southern and Eastern Kentucky, Kentucky, 
        $4,000,000;
            Clover Fork, City of Cumberland, Town of Martin, 
        Pike County (including Levisa Fork and Tug Fork 
        Tributaries), Bell County, Floyd County, Martin County, 
        and Harlan County, Kentucky, elements of the Levisa and 
        Tug Forks of the Big Sandy Riverand Upper Cumberland 
        River, Kentucky, $15,450,000; and
            Lower Mingo County (Kermit), Upper Mingo County 
        (including County Tributaries), Wayne County, and 
        McDowell County, West Virginia, elements of the Levisa 
        and Tug Forks of the Big Sandy River and Upper 
        Cumberland River project, $5,900,000:
Provided, That using $1,000,000 of the funds appropriated 
herein, the Secretary of the Army, acting through the Chief of 
Engineers, is directed to modify the Carr Creek Lake, Kentucky, 
project at full Federal expense to provide additional water 
supply storage for the Upper Kentucky River Basin: Provided 
further, That with $1,200,000 of the funds appropriated herein, 
the Secretary of the Army, acting through the Chief of 
Engineers, is directed to undertake design deficiency repairs 
to the Bois Brule Drainage and Levee District, Missouri, 
project, authorized and constructed under the authority of the 
Flood Control Act of 1936 with cost sharing consistent with the 
original project authorization: Provided further, That in 
accordance with section 332 of the Water Resources Development 
Act of 1999, the Secretary of the Army is directed to increase 
the authorized level of protection of the Bois Brule Drainage 
and Levee District, Missouri, project from 50 years to 100 
years using $700,000 of the funds appropriated herein, and the 
project costs allocated to the incremental increase in the 
level of protection shall be cost shared consistent with 
section 103(a) of the Water Resources Development Act of 1986, 
notwithstanding section 202(a) of the Water Resources 
Development Act of 1996: Provided further, That using $200,000 
of the funds provided herein, the Secretary of the Army, acting 
through the Chief of Engineers, is directed to conduct, at full 
Federal expense, technical studies of individual ditch systems 
identified by the State of Hawaii, and to assist the State in 
diversification by helping to define the cost of repairing and 
maintaining selected ditch systems: Provided further, That the 
Secretary of the Army, acting through the Chief of Engineers, 
is directed to use $1,300,000 of the funds appropriated herein 
to continue construction of the navigation project at 
Kaumalapau Harbor, Hawaii: Provided further, That with $800,000 
of the funds provided herein, the Secretary of the Army, acting 
through the Chief of Engineers, is directed to continue 
preparation of a General Reevaluation Report of the Oak Island, 
Caswell Beach, and Holden Beach segments of the Brunswick 
County Beaches project in North Carolina: Provided further, 
That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to use $500,000 to undertake the Bowie 
County Levee Project, which is defined as Alternative B Local 
Sponsor Option, in the Corps of Engineers document entitled 
Bowie County Local Flood Protection, Red River, Texas, Project 
Design Memorandum No. 1, Bowie County Levee, dated April 1997: 
Provided further, That the Secretary of the Army is directed to 
use $4,000,000 of the funds provided herein for the Dam Safety 
and Seepage/Stability Correction Program to continue 
construction of seepage control features at Waterbury Dam, 
Vermont: Provided further, That the Secretaryof the Army, 
acting through the Chief of Engineers, using up to $200,000 of the 
funds provided herein, is directed to complete the Aloha-Rigolette, 
Louisiana, project at full Federal expense: Provided further, That 
using $500,000 of the funds provided herein, the Secretary of the Army, 
acting through the Chief of Engineers, is directed to proceed with the 
Shoalwater Bay Shoreline, Washington, project: Provided further, That 
all studies for the Shoalwater Bay Shoreline project shall be cost 
shared in the same proportion as the construction implementation costs: 
Provided further, That using $2,500,000 of the funds provided herein, 
the Secretary of the Army, acting through the Chief of Engineers, is 
directed to proceed with a final design and initiate construction for 
the repair and replacement of the Jicarilla Municipal Water System in 
the town of Dulce, New Mexico: Provided further, That using $750,000 of 
the funds provided herein, the Secretary of the Army, acting through 
the Chief of Engineers, is directed to proceed with the Missouri River 
Restoration Project and that erosion control measures implemented shall 
be primarily through nonstructural means such as planting of native 
vegetation, buffer strips, conservation easements, setbacks, and 
agricultural best management practices: Provided further, That with 
$10,000,000 of the funds provided herein, the Secretary of the Army, 
acting through the Chief of Engineers, is directed to construct the 
Dallas Floodway Extension, Texas, project, including the Cadillac 
Heights feature, generally in accordance with the Chief of Engineers 
report dated December 7, 1999: Provided further, That the deadline for 
the report required under section 154(g) of Public Law 106-554 is 
extended to December 31, 2002: Provided further, That the Secretary of 
the Army, acting through the Chief of Engineers, is directed to use 
unexpended funds appropriated in Public Law 105-62, under the heading 
Construction, General for Salyersville, Kentucky, to construct 
additional recreation improvements at the Buckhorn Lake, Kentucky, 
project: Provided further, That using $1,000,000 of the funds provided 
herein, the Secretary of the Army, acting through the Chief of 
Engineers, is directed to initiate construction on the Seward Harbor, 
Alaska, project in accordance with the Report of the Chief of Engineers 
dated June 8, 1999 and the economic justification contained therein: 
Provided further, That the Secretary of the Army, acting through the 
Chief of Engineers, is directed to use up to $900,000 of funds 
previously appropriated to reimburse the City of Venice, Florida, for 
the costs incurred by the City prior to October 1998 for work 
accomplished by the City related to the relocation of the stormwater 
outfalls and the construction of the artificial reef that comprises an 
integral part of the project for beach nourishment, in Sarasota County, 
Florida: Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to use funds appropriated 
herein, for emergency bank stabilization measures at Lakeshore Park in 
Knoxville, Tennessee: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to continue the 
Dickenson County Detailed Project Report as generally defined in Plan 4 
of the Huntington District Engineer's Draft Supplement to the Section 
202 General Plan for Flood Damage Reduction dated April 1997, including 
all Russell Fork tributary streams within the County and special 
considerations as may be appropriate to address the unique relocations 
and resettlement needs for the flood prone communities within the 
County: Provided further, That, with respect to the environmental 
infrastructure project in Lebanon, New Hampshire, for which funds are 
made available under this heading, the non-Federal interest shall 
receive credit toward the non-Federal share of the cost of the project 
for work performed before the date of execution of the project 
cooperation agreement, if the Secretary determines the work is integral 
to the project: Provided further, That, for the Raritan River Basin, 
Green Brook Sub-Basin, New Jersey, project, the Secretary of the Army, 
acting through the Chief of Engineers, is directed to implement the 
locally preferred plan for the element in the western portion 
ofMiddlesex Borough, New Jersey, which includes the buyout of up to 22 
homes, the flood proofing of four commercial buildings along Prospect 
Place and Union Avenue, and the buyout of up to three commercial 
buildings along Raritan and Lincoln Avenues, at a total estimated cost 
of $15,000,000, with an estimated Federal cost of $11,500,000 and an 
estimated non-Federal cost of $3,500,000.

 Flood Control, Mississippi River and Tributaries, Arkansas, Illinois, 
       Kentucky, Louisiana, Mississippi, Missouri, and Tennessee

    For expenses necessary for prosecuting work of flood 
control, rescue work, repair, restoration, or maintenance of 
flood control projects threatened or destroyed by flood, as 
authorized by law (33 U.S.C. 702a and 702g-1), $345,992,000, to 
remain available until expended: Provided, That, the Secretary 
of the Army, acting through the Chief of Engineers, is directed 
to convey to the Board of Mississippi Levee Commissioners any 
and all fee owned real property interests deemed excess to Army 
needs for disposal by the U.S. Army Corps of Engineers at its 
Casting Plant and its Bank Grading and Mat Loading Fleeting 
Area located in Greenville, Mississippi. This real property 
shall be used by the Board of Mississippi Levee Commissioners 
for the operation and maintenance of the Mississippi River and 
Tributaries Project as it deems necessary.

                   Operation and Maintenance, General

    For expenses necessary for the preservation, operation, 
maintenance, and care of existing river and harbor, flood 
control, and related works, including such sums as may be 
necessary for the maintenance of harbor channels provided by a 
State, municipality or other public agency, outside of harbor 
lines, and serving essential needs of general commerce and 
navigation; surveys and charting of northern and northwestern 
lakes and connecting waters; clearing and straightening 
channels; and removal of obstructions to navigation, 
$1,874,803,000, to remain available until expended, of which 
such sums as become available in the Harbor Maintenance Trust 
Fund, pursuant to Public Law 99-662, may be derived from that 
Fund, and of which such sums as become available from the 
special account established by the Land and Water Conservation 
Act of 1965, as amended (16 U.S.C. 460l), may be derived from 
that account for construction, operation, and maintenance of 
outdoor recreation facilities: Provided, That the Secretary of 
the Army, acting through the Chief of Engineers, is directed, 
within funds available for the Mobile Harbor, Alabama, project, 
to remove, transport, dispose, and remediate contaminated 
sediments in and adjacent to the Federal navigation projects 
for the Arlington Channel and the Garrows Bend Channel at 
Federal expense, and a non-Federal sponsor shall provide all 
necessary lands, easements, rights-of-way, and relocations that 
may be required for the disposal of dredged material: Provided 
further, That using funds appropriated herein, the Secretary of 
the Army, acting through the Chief of Engineers, is directed to 
perform cultural resource mitigation and recreation 
improvements at Waco Lake, Texas, at full Federal expense 
notwithstanding the provisions of the Water Supply Act of 1958: 
Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to use funds 
appropriated herein to grade the basin within the Hansen Dam 
feature of the Los Angeles County Drainage Area, California, 
project to enhance and maintain flood capacity and to provide 
for future use of the basin for compatible purposes consistent 
with the Master Plan, including recreation and environmental 
restoration: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to use funds 
appropriated herein to fully investigate the development of an 
upland disposal site recycling program on the Black Warrior and 
Tombigbee Rivers, Alabama-Coosa Rivers, and the Mobile River 
projects: Provided further, That of funds appropriated herein 
for the Intracoastal Waterway, Delaware River to Chesapeake 
Bay, Delaware and Maryland, the Secretary of the Army, acting 
through the Chief of Engineers, is directed to reimburse the 
State of Delaware for normal operation and maintenance costs 
incurred by the State of Delaware for the SR1 Bridge from 
station 58+00 to station 293+00 between May 12, 1997 and 
September 30, 2002. Reimbursement costs shall not exceed 
$1,277,000: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to use funds 
appropriated herein to remove and reinstall the docks and 
causeway, in kind, and continue breakwater repairs at Astoria 
East Boat Basin, Oregon: Provided further, That using funds 
appropriated herein, the Secretary of the Army, acting through 
the Chief of Engineers, is directed to dredge a channel from 
the mouth of Wheeling Creek to Tunnel Green Park in Wheeling, 
West Virginia: Provided further, That the project for the 
Apalachicola, Chattahoochee, and Flint Rivers Navigation, 
authorized by section 2 of the River and Harbor Act of March 2, 
1945 (Public Law 79-14) and modified by the first section of 
the River and Harbor Act of 1946 (60 Stat. 635, chapter 595), 
is modified to authorize the Secretary, as part of navigation 
maintenance activities, to develop and implement a plan to be 
integrated into the long-termdredged material management plan 
being developed for the Corley Slough reach, as required by conditions 
of the State of Florida water quality certification, for periodically 
removing sandy dredged material from the disposal area known as Site 
40, located at mile 36.5 of the Apalachicola River, and from other 
disposal sites that the Secretary may determine to be needed for the 
purpose of reuse of the disposal areas, by transporting and depositing 
the sand for environmentally acceptable beneficial uses in coastal 
areas of Florida to be determined in coordination with the State of 
Florida: Provided further, That the Secretary is authorized to acquire 
all lands, easements, and rights-of-way that may be determined by the 
Secretary, in consultation with the affected State, to be required for 
dredged material disposal areas to implement a long-term dredge 
material management plan: Provided further, That the long-term 
management plan shall be developed in coordination with the State of 
Florida no later than 2 years from the date of enactment of this Act: 
Provided further, That, of the funds provided herein, $4,900,000 shall 
be made available for these purposes and $8,000,000 shall be made 
available for normal operation and maintenance of the Apalachicola, 
Chattahoochee, and Flint Rivers navigation project.

                 Flood Control and Coastal Emergencies


                              (rescission)


    Of the funds made available under this heading in Public 
Law 107-20, $25,000,000 are hereby rescinded.

                           Regulatory Program

    For expenses necessary for administration of laws 
pertaining to regulation of navigable waters and wetlands, 
$127,000,000, to remain available until expended.

            Formerly Utilized Sites Remedial Action Program

    For expenses necessary to clean up contamination from sites 
throughout the United States resulting from work performed as 
part of the Nation's early atomic energy program, $140,000,000, 
to remain available until expended.

                            General Expenses

    For expenses necessary for general administration and 
related functions in the Office of the Chief of Engineers and 
offices of the Division Engineers, activities of the Humphreys 
Engineer Center Support Activity, the Institute for Water 
Resources, and headquarters support functions at the USACE 
Finance Center, $153,000,000, to remain available until 
expended: Provided, That no part of any other appropriation 
provided in title I of this Act shall be available to fund the 
activities of the Office of the Chief of Engineers or the 
executive direction and management activities of the division 
offices: Provided further, That none of these funds shall be 
available to support an office of congressional affairs within 
the executive office of the Chief of Engineers.

                       Administrative Provisions

    Appropriations in this title shall be available for 
official reception and representation expenses (not to exceed 
$5,000); and during the current fiscal year the Revolving Fund, 
Corps of Engineers, shall be available for purchase (not to 
exceed 100 for replacement only) and hire of passenger motor 
vehicles.

                           GENERAL PROVISIONS

                       Corps of Engineers--Civil

    Sec. 101. (a) Conveyance Authorized.--The Secretary of the 
Army shall convey to the Blue Township Fire District, Blue 
Township, Kansas, by quitclaim deed and without consideration, 
all right, title, and interest of the United States in and to a 
parcel of land consisting of approximately 4.35 acres located 
in Pottawatomie County, Tuttle Creek Lake, Kansas.
    (b) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under 
subsection (a) shall be determined by a survey satisfactory to 
the Secretary.
    (c) Reversion.--If the Secretary determines that the 
property conveyed under subsection (a) ceases to be held in 
public ownership or to be used as a site for a fire station, 
all right, title, and interest in and to the property shall 
revert to the United States, at the option of the United 
States.
    Sec. 102. For those shore protection projects funded in 
this Act which have Project Cooperation Agreements in place, 
the Secretary of the Army is directed to proceed with those 
projects in accordance with the cost sharing specified in the 
Project Cooperation Agreement: Provided, That the Secretary of 
the Army shall not accept or solicit non-Federal voluntary 
contributions for shore protection work in excess of the 
minimum requirements established by law; except that, when 
voluntary contributions are tendered by a non-Federal sponsor 
for the prosecution of work outside the authorized scope of the 
Federal project at full non-Federal expense, the Secretary is 
authorized to accept said contributions.
    Sec. 103. Agreements proposed for execution by the 
Assistant Secretary of the Army for Civil Works or the United 
States Army Corps of Engineers after the date of the enactment 
of this Act pursuant to section 4 of the Rivers and Harbor Act 
of 1915, Public Law 64-291; section 11 of the River and Harbor 
Act of 1925, Public Law68-585; the Civil Functions 
Appropriations Act, 1936, Public Law 75-208; section 215 of the Flood 
Control Act of 1968, as amended, Public Law 90-483; sections 104, 203, 
and 204 of the Water Resources Development Act of 1986, as amended, 
Public Law 99-662; section 206 of the Water Resources Development Act 
of 1992, as amended, Public Law 102-580; section 211 of the Water 
Resources Development Act of 1996, Public Law 104-303; and any other 
specific project authority, shall be limited to credits and 
reimbursements per project not to exceed $10,000,000 in each fiscal 
year, and total credits and reimbursements for all applicable projects 
not to exceed $50,000,000 in each fiscal year.
    Sec. 104. St. Georges Bridge, Delaware. None of the funds 
made available in this Act may be used to carry out any 
activity relating to closure or removal of the St. Georges 
Bridge across the Intracoastal Waterway, Delaware River to 
Chesapeake Bay, Delaware and Maryland, including a hearing or 
any other activity relating to preparation of an environmental 
impact statement concerning the closure or removal.
    Sec. 105. The non-Federal interest shall receive credit 
towards the lands, easements, relocations, rights-of-way, and 
disposal areas required for the Lava Hot Springs restoration 
project in Idaho, and acquired by the non-Federal interest 
before execution of the project cooperation agreement: 
Provided, That the Secretary shall provide credit for work only 
if the Secretary determines such work to be integral to the 
project.
    Sec. 106. Guadalupe River, California. The project for 
flood control, Guadalupe River, California, authorized by 
section 401 of the Water Resources Development Act of 1986, and 
the Energy and Water Development Appropriation Acts of 1990 and 
1992, is modified to authorize the Secretary to construct the 
project substantially in accordance with the General 
Reevaluation and Environmental Report for Proposed Project 
Modifications, dated February 2001, at a total cost of 
$226,800,000, with an estimated Federal cost of $128,700,000, 
and estimated non-Federal cost of $98,100,000.
    Sec. 107. Designation of Nonnavigability for Portions of 
Gloucester County, New Jersey. (a) Designation.--
            (1) In general.--The Secretary of the Army 
        (referred to in section as the ``Secretary'') shall 
        designate as nonnavigable the areas described in 
        paragraph (3) unless the Secretary, after consultation 
        with local and regional public officials (including 
        local and regional planning organizations), makes a 
        determination that 1 or more projects proposed to be 
        carried out in 1 or more areas described in paragraph 
        (2) are not in the public interest.
            (2) Description of areas.--The areas referred to in 
        paragraph (1) are certain parcels of property situated 
        in the West Deptford Township, Gloucester County, New 
        Jersey, as depicted on Tax Assessment Map #26, Block 
        #328, Lots #1, 1.03, 1.08, and 1.09, more fully 
        described as follows:
                    (A) Beginning at the point in the easterly 
                line of Church Street (49.50 feet wide), said 
                beginning point being the following 2 courses 
                from the intersection of the centerline of 
                Church Street with the curved northerly right-
                of-way line of Pennsylvania-Reading Seashore 
                Lines Railroad (66.00 feet wide)--
                            (i) along said centerline of Church 
                        Street N. 11+28,50" E. 38.56 feet; 
                        thence
                            (ii) along the same N. 61+28,35" E. 
                        32.31 feet to the point of beginning.
                    (B) Said beginning point also being the end 
                of the thirteenth course and from said 
                beginning point runs; thence, along the 
                aformentioned Easterly line of Church Street--
                            (i) N. 11+28,50" E. 1052.14 feet; 
                        thence
                            (ii) crossing Church Street, N. 
                        34+19,51" W. 1590.16 feet; thence
                            (iii) N. 27+56,37" W. 3674.36 feet; 
                        thence
                            (iv) N. 35+33,54" W. 975.59 feet; 
                        thence
                            (v) N. 57+04,39" W. 481.04 feet; 
                        thence
                            (vi) N. 36+22,55" W. 870.00 feet to 
                        a point in the Pierhead and Bulkhead 
                        Line along the Southeasterly shore of 
                        the Delaware River; thence
                            (vii) along the same line N. 
                        53+37,05" E. 1256.19 feet; thence
                            (viii) still along the same, N. 
                        86+10,29" E. 1692.61 feet; thence, 
                        still along the same the following 
                        thirteenth courses
                            (ix) S. 67+44,20" E. 1090.00 feet 
                        to a point in the Pierhead and Bulkhead 
                        Line along the Southwesterly shore of 
                        Woodbury Creek; thence
                            (x) S. 39+44,20,, E. 507.10 feet; 
                        thence
                            (xi) S. 31+01,38,, E. 1062.95 feet; 
                        thence
                            (xii) S. 34+34,20,, E. 475.00 feet; 
                        thence
                            (xiii) S. 32+20,28,, E. 254.18 
                        feet; thence
                            (xiv) S. 52+55,49,, E. 964.95 feet; 
                        thence
                            (xv) S. 56+24,40,, E. 366.60 feet; 
                        thence
                            (xvi) S. 80+31,50,, E. 100.51 feet; 
                        thence
                            (xvii) N. 75+30,00,, E. 120.00 
                        feet; thence
                            (xviii) N. 53+09,00,, E. 486.50 
                        feet; thence
                            (xix) N. 81+18,00,, E. 132.00 feet; 
                        thence
                            (xx) S. 56+35,00,, E. 115.11 feet; 
                        thence
                            (xxi) S. 42+00,00,, E. 271.00 feet; 
                        thence
                            (xxii) S. 48+30,00,, E. 287.13 feet 
                        to a point in the Northwesterly line of 
                        Grove Avenue (59.75 feet wide); thence
                            (xxiii) S. 23+09,50,, W. 4120.49 
                        feet; thence
                            (xxiv) N. 66+50,10,, W. 251.78 
                        feet; thence
                            (xxv) S. 36+05,20,, E. 228.64 feet; 
                        thence
                            (xxvi) S. 58+53,00,, W. 1158.36 
                        feet to a point in the Southwesterly 
                        line of said River Lane; thence
                            (xxvii) S. 41+31,35,, E. 113.50 
                        feet; thence
                            (xxviii) S. 61+28,35,, W. 863.52 
                        feet to the point of beginning.
                    (C)(i) Except as provided in clause (ii), 
                beginning at a point in the centerline of 
                Church Street (49.50 feet wide) where the same 
                is intersected by the curved northerly line of 
                Pennsylvania-Reading Seashore Lines Railroad 
                right-of-way (66.00 feet wide), along that 
                Railroad, on a curve to the left, having a 
                radius of 1465.69 feet, an arc distance of 
                1132.14 feet--
                            (I) N. 88+45,47,, W. 1104.21 feet; 
                        thence
                            (II) S. 69+06,30,, W. 1758.95 feet; 
                        thence
                            (III) N. 23+04,43,, W. 600.19 feet; 
                        thence
                            (IV) N. 19+15,32,, W. 3004.57 feet; 
                        thence
                            (V) N. 44+52,41,, W. 897.74 feet; 
                        thence
                            (VI) N. 32+26,05,, W. 2765.99 feet 
                        to a point in the Pierhead and Bulkhead 
                        Line along the Southeasterly shore of 
                        the Delaware River; thence
                            (VII) N. 53+37,05,, E. 2770.00 
                        feet; thence
                            (VIII) S. 36+22,55,, E. 870.00 
                        feet; thence
                            (IX) S. 57+04,39,, E. 481.04 feet; 
                        thence
                            (X) S. 35+33,54,, E. 975.59 feet; 
                        thence
                            (XI) S. 27+56,37,, E. 3674.36 feet; 
                        thence
                            (XII) crossing Church Street, S. 
                        34+19,51,, E. 1590.16 feet to a point 
                        in the easterly line of Church Street; 
                        thence
                            (XIII) S. 11+28,50,, W. 1052.14 
                        feet; thence
                            (XIV) S. 61+28,35,, W. 32.31 feet; 
                        thence
                            (XV) S. 11+28,50,, W. 38.56 feet to 
                        the point of beginning.
                    (ii) The parcel described in clause (i) 
                does not include the parcel beginning at the 
                point in the centerline of Church Street (49.50 
                feet wide), that point being N. 11+28,50,, E. 
                796.36 feet, measured along the centerline, 
                from its intersection with the curved northerly 
                right-of-way line of Pennsylvania-Reading 
                Seashore Lines Railroad (66.00 feet wide)--
                            (I) N. 78+27,40,, W. 118.47 feet; 
                        thence
                            (II) N. 15+48,40,, W. 120.51 feet; 
                        thence
                            (III) N. 77+53,00,, E 189.58 feet 
                        to a point in the centerline of Church 
                        Street; thence
                            (IV) S. 11+28,50,, W. 183.10 feet 
                        to the point of beginning.
    (b) Limits on Applicability; Regulatory Requirements.--
            (1) In general.--The designation under subsection 
        (a)(1) shall apply to those parts of the areas 
        described in subsection (a) that are or will be 
        bulkheaded and filled or otherwise occupied by 
        permanent structures, including marina facilities.
            (2) Applicable law.--All activities described in 
        paragraph (1) shall be subject to all applicable 
        Federal law, including--
                    (A) the Act of March 3, 1899 (30 Stat. 
                1121, chapter 425);
                    (B) section 404 of the Federal Water 
                Pollution Control Act (33 U.S.C. 1344); and
                    (C) the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4321 et seq.).
    (c) Termination of Designation.--If, on the date that is 20 
years after the date of enactment of this Act, any area or 
portion of an area described in subsection (a)(3) is not 
bulkheaded, filled, or otherwise occupied by permanent 
structures (including marina facilities) in accordance with 
subsection (b), or if work in connection with any activity 
authorized under subsection (b) is not commenced by the date 
that is 5 years after the date on which permits for the work 
are issued, the designation of nonnavigability under subsection 
(a)(1) for that area or portion of an area shall terminate.
    Sec. 108. Nome Harbor Technical Corrections. Section 
101(a)(1) of Public Law 106-53 (the Water Resources Development 
Act of 1999) is amended by--
            (1) striking ``$25,651,000'' and inserting in its 
        place ``$39,000,000''; and
            (2) striking ``$20,192,000'' and inserting in its 
        place ``$33,541,000''.
    Sec. 109. Section 211 of the Water Resources Development 
Act of 2000, Public Law 106-541, is amended by adding the 
following language at the end of subsection (d):
    ``(e) Engineering Research and Development Center.--The 
Engineering Research and Development Center is exempt from the 
requirements of this section.''.
    Sec. 110. Section 514(g) of the Water Resources Development 
Act of 1999, Public Law 106-53, is amended by striking ``fiscal 
years 2000 and 2001'' and inserting in lieu thereof ``fiscal 
years 2000 through 2002''.
    Sec. 111. The Secretary of the Army, acting through the 
Chief of Engineers, is directed to modify the pump station 
intake structure and discharge line to preclude ice from 
interfering with pump operations at Fort Fairfield, Maine, 
flood control project: Provided, That all design and 
construction costs associated with the modifications of the 
Fort Fairfield, Maine, project shall be at Federal expense.
    Sec. 112. Cerrillos Dam, Puerto Rico. The Secretary of the 
Army shall reassess the allocation of Federal and non-Federal 
costs for construction of the Cerrillos Dam, carried out as 
part of the project for flood control, Portugues and Bucana 
Rivers, Puerto Rico.
    Sec. 113. Study of Corps Capability to Conserve Fish and 
Wildlife. Section 704(b) of the Water Resources Development Act 
of 1986 (33 U.S.C. 2263(b)) is amended--
            (1) by redesignating paragraphs (1), (2), (3), and 
        (4) as subparagraphs (A), (B), (C), and (D), 
        respectively;
            (2) by striking ``(b) The Secretary'' and inserting 
        the following:
    ``(b) Projects.--
            ``(1) In general.--The Secretary''; and
            (3) by striking ``The non-Federal share of the cost 
        of any project under this section shall be 25 
        percent.'' and inserting the following:
            ``(2) Cost sharing.--
                    ``(A) In general.--The non-Federal share of 
                the cost of any project under this subsection 
                shall be 25 percent.
                    ``(B) Form.--The non-Federal share may be 
                provided through in-kind services, including 
                the provision by the non-Federal interest of 
                shell stock material that is determined by the 
                Chief of Engineers to be suitable for use in 
                carrying out the project.
                    ``(C) Applicability.--The non-Federal 
                interest shall be credited with the value of 
                in-kind services provided on or after October 
                1, 2000, for a project described in paragraph 
                (1) completed on or after that date, if the 
                Secretary determines that the work is integral 
                to the project.''.
    Sec. 114. The flood control project for the Ramapo River at 
Oakland, New Jersey, authorized by section 401(a) of the Water 
Resources Development Act of 1986, Public Law 99-662, as 
amended by section 301(a)(9) of the Water Resources Development 
Act of 1996, Public Law 104-33, is modified to authorize the 
Secretary of the Army, acting through the Chief of Engineers, 
to construct the project at a total cost of $18,000,000, with 
an estimated Federal cost of $13,500,000 and an estimated non-
Federal cost of $4,500,000 less any credits allowed under 
applicable laws.
    Sec. 115. Except for the historic scheduled maintenance 
dredging in the Delaware River, none of the funds appropriated 
in this Act shall be used to operate the dredge McFARLAND other 
than for urgent dredging, emergencies and in support of 
national defense.
    Sec. 116. The Secretary may not expend funds to accelerate 
the schedule to finalize the Record of Decision for the 
revision of the Missouri River Master Water Control Manual and 
any associated changes to the Missouri River Annual Operating 
Plan. During consideration of revisions to the manual in fiscal 
year 2002, the Secretary may consider and propose alternatives 
for achieving species recovery other than the alternatives 
specifically prescribed by the United States Fish and Wildlife 
Service in the biological opinion of the Service. The Secretary 
shall consider the views of other Federal agencies, non-Federal 
agencies, and individuals to ensure that other congressionally 
authorized purposes are maintained.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project


                central utah project completion account


    For carrying out activities authorized by the Central Utah 
Project Completion Act, $34,918,000, to remain available until 
expended, of which $10,749,000 shall be deposited into the Utah 
Reclamation Mitigation and Conservation Account for use by the 
Utah Reclamation Mitigation and Conservation Commission.
    In addition, for necessary expenses incurred in carrying 
out related responsibilities of the Secretary of the Interior, 
$1,310,000, to remain available until expended.

                         Bureau of Reclamation

    The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation:


                      water and related resources


                     (including transfer of funds)


    For management, development, and restoration of water and 
related natural resources and for related activities, including 
the operation, maintenance, and rehabilitation of reclamation 
and other facilities, participation in fulfilling related 
Federal responsibilities to Native Americans, and related 
grants to, and cooperative and other agreements with, State and 
local governments, Indian tribes, and others, $762,531,000, to 
remain available until expended, of which $14,649,000 shall be 
available for transfer to the Upper Colorado River Basin Fund 
and $31,442,000 shall be available for transfer to the Lower 
Colorado River Basin Development Fund; of which such amounts as 
may be necessary may be advanced to the Colorado River Dam 
Fund; of which $8,000,000 shall be for on-reservation water 
development, feasibility studies, and related administrative 
costs under Public Law 106-163; and of which not more than 
$500,000 is for high priority projects which shall be carried 
out by the Youth Conservation Corps, as authorized by 16 U.S.C. 
1706: Provided, That such transfers may be increased or 
decreased within the overall appropriation under this heading: 
Provided further, That of the total appropriated, the amount 
for program activities that can be financed by the Reclamation 
Fund or the Bureau of Reclamation special fee account 
established by 16 U.S.C. 460l-6a(i) shall be derived from that 
Fund or account: Provided further, That funds contributed under 
43 U.S.C. 395 are available until expended for the purposes for 
which contributed: Provided further, That funds advanced under 
43 U.S.C. 397a shall be credited to this account and are 
available until expended for the same purposes as the sums 
appropriated under this heading: Provided further, That 
$12,000,000 of the funds appropriated herein shall be deposited 
in the San Gabriel Basin Restoration Fund established by 
section 110 of division B, title I of Public Law 106-554, of 
which $1,000,000 shall be for remediation in the Central Basin 
Municipal Water District: Provided further, That funds 
available for expenditure for the Departmental Irrigation 
Drainage Program may be expended by the Bureau of Reclamation 
for site remediation on a non-reimbursable basis: Provided 
further, That section 301 of Public Law 102-250, Reclamation 
States Emergency Drought Relief Act of 1991, as amended, is 
amended further by inserting ``2001, and 2002'' in lieu of 
``and 2001'': Provided further, That of such funds, not more 
than $1,500,000 shall be available to the Secretary for 
completion of a feasibility study for the Santa Fe-Pojoaque 
Regional Water System, New Mexico: Provided further, That the 
study shall be completed by September 30, 2002.


               bureau of reclamation loan program account


    For the cost of direct loans and/or grants, $7,215,000, to 
remain available until expended, as authorized by the Small 
Reclamation Projects Act of August 6, 1956, as amended (43 
U.S.C. 422a-422l): Provided, That such costs, including the 
cost of modifying such loans, shall be as defined in section 
502 of the Congressional Budget Act of 1974, as amended: 
Provided further, That these funds are available to subsidize 
gross obligations for the principal amount of direct loans not 
to exceed $26,000,000.
    In addition, for administrative expenses necessary to carry 
out the program for direct loans and/or grants, $280,000, to 
remain available until expended: Provided, That of the total 
sums appropriated, the amount of program activities that can be 
financed by the Reclamation Fund shall be derived from that 
Fund.


                central valley project restoration fund


    For carrying out the programs, projects, plans, and habitat 
restoration, improvement, and acquisition provisions of the 
Central Valley Project Improvement Act, $55,039,000, to be 
derived from such sums as may be collected in the Central 
Valley Project Restoration Fund pursuant to sections 3407(d), 
3404(c)(3), 3405(f ), and 3406(c)(1) of Public Law 102-575, to 
remain available until expended: Provided, That the Bureau of 
Reclamation is directed to assess and collect the full amount 
of the additional mitigation and restoration payments 
authorized by section 3407(d) of Public Law 102-575.


                       policy and administration


    For necessary expenses of policy, administration, and 
related functions in the office of the Commissioner, the Denver 
office, and offices in the five regions of the Bureau of 
Reclamation, to remain available until expended, $52,968,000, 
to be derived from the Reclamation Fund and be nonreimbursable 
as provided in 43 U.S.C. 377: Provided, That no part of any 
other appropriation in this Act shall be available for 
activities or functions budgeted as policy and administration 
expenses.


                        administrative provision


    Appropriations for the Bureau of Reclamation shall be 
available for purchase of not to exceed four passenger motor 
vehicles for replacement only.

                           GENERAL PROVISIONS

                       DEPARTMENT OF THE INTERIOR

    Sec. 201. In order to increase opportunities for Indian 
tribes to develop, manage, and protect their water resources, 
the Secretary of the Interior, acting through the Commissioner 
of the Bureau of Reclamation, is authorized to enter into 
grants and cooperative agreements with any Indian tribe, 
institution of higher education, national Indian organization, 
or tribal organization pursuant to 31 U.S.C. 6301-6308. Nothing 
in this Act is intended to modify or limit the provisions of 
the Indian Self Determination Act (25 U.S.C. 45 et seq.).
    Sec. 202. San Gabriel Basin, California. (a) Administration 
of Restoration Fund.--Section 110(a)(2) of the Miscellaneous 
Appropriations Act, 2001 (as enacted into law by section 
1(a)(4) of Public Law 106-554) is amended by striking ``the 
Secretary of the Army'' and inserting ``the Secretary of the 
Interior''.
    (b) Purposes of Restoration Fund.--Section 110(a)(3)(A) of 
such Act is amended by striking clauses (i) and (ii) and 
inserting the following:
                            ``(i) to provide grants to the San 
                        Gabriel Basin Water Quality Authority 
                        and the Central Basin Municipal Water 
                        District to reimburse such agencies for 
                        the Federal share of the costs 
                        associated with designing and 
                        constructing water quality projects to 
                        be administered by such agencies; and
                            ``(ii) to provide grants to 
                        reimburse the San Gabriel Basin Water 
                        Quality Authority and the Central Basin 
                        Municipal Water District for the 
                        Federal share of the costs required to 
                        operate any project constructed under 
                        this section for a period not to exceed 
                        10 years, following the initial date of 
                        operation of the project.''.
    (c) Cost-Sharing Limitation.--Section 110(a)(3)(B) of such 
Act (114 Stat. 2763A-223) is amended by adding at the end the 
following:
                            ``(iii) Credits toward non-federal 
                        share.--For purposes of clause (ii), 
                        the Secretary shall credit the San 
                        Gabriel Basin Water Quality Authority 
                        with the value of all prior 
                        expenditures by non-Federal interests 
                        made after February 11, 1993, that are 
                        compatible with the purposes of this 
                        section, including--
                                    ``(I) all expenditures made 
                                by non-Federal interests to 
                                design and construct water 
                                quality projects, including 
                                expenditures associated with 
                                environmental analyses and 
                                public involvement activities 
                                that were required to implement 
                                the water quality projects in 
                                compliance with applicable 
                                Federal and State laws; and
                                    ``(II) all expenditures 
                                made by non-Federal interests 
                                to acquire lands, easements, 
                                rights-of-way, relocations, 
                                disposal areas, and water 
                                rights that were required to 
                                implement a water quality 
                                project.''.
    Sec. 203. The Secretary of the Interior is authorized and 
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 (43 U.S.C. 390ff, 390ww(c)), 
including the amount of associated interest assessed by the 
Secretary and paid to the United States pursuant to section 
224(i) of the Reclamation Reform Act of 1982 (43 U.S.C. 
390ww(i)).
    Sec. 204. Lower Colorado River Basin Development Fund. (a) 
In General.--Notwithstanding section 403(f) of the Colorado 
River Basin Project Act (43 U.S.C. 1543(f)), no amount from the 
Lower Colorado River Basin Development Fund shall be paid to 
the general fund of the Treasury until each provision of the 
Stipulation Regarding a Stay and for Ultimate Judgment Upon the 
Satisfaction of Conditions, filed in United States district 
court on May 3, 2000, in Central Arizona Water Conservation 
District v. United States (No. CIV 95-625-TUC-WDB (EHC), No. 
CIV 95-1720-OHX-EHC (Consolidated Action)) is met.
    (b) Payment to General Fund.--If any of the provisions of 
the stipulation referred to in subsection (a) are not met by 
the date that is 3 years after the date of enactment of this 
Act, payments to the general fund of the Treasury shall resume 
in accordance with section 403(f) of the Colorado River Basin 
Project Act (43 U.S.C. 1543(f)).
    (c) Authorization.--Amounts in the Lower Colorado River 
Basin Development Fund that but for this section would be 
returned to the general fund of the Treasury shall not be 
expended until further Act of Congress.
    Sec. 205. (a) None of the funds appropriated or otherwise 
made available by this Act may be used to determine the final 
point of discharge for the interceptor drain for the San Luis 
Unit until development by the Secretary of the Interior and the 
State of California of a plan, which shall conform to the water 
quality standards of the State of California as approved by the 
Administrator of the Environmental Protection Agency, to 
minimize any detrimental effect of the San Luis drainage 
waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program 
and the costs of the San Joaquin Valley Drainage Program shall 
be classified by the Secretary of the Interior as reimbursable 
or 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. 206. The Secretary of the Interior, in accepting 
payments for the reimbursable expenses incurred for the 
replacement, repair, and extraordinary maintenance with regard 
to the Valve Rehabilitation Project at the Arrowrock Dam on the 
Arrowrock Division of the Boise Project in Idaho, shall recover 
no more than $6,900,000 of such expenses according to the 
application of the current formula for charging users for 
reimbursable operation and maintenance expenses at Bureau of 
Reclamation facilities on the Boise Project, and shall recover 
this portion of such expenses over a period of 15 years.
    Sec. 207. None of the funds appropriated or otherwise made 
available by this or any other Act may be used to pay the 
salaries and expenses of personnel to purchase or lease water 
in the Middle Rio Grande or the Carlsbad Projects in New Mexico 
unless said purchase or lease is in compliance with the 
purchase requirements of section 202 of Public Law 106-60.
    Sec. 208. None of the funds made available in this Act may 
be used by the Bureau of Reclamation (either directly or by 
making the funds available to an entity under a contract) for 
the issuance of permits for, or any other activity related to 
the management of, commercial rafting activities within the 
Auburn State Recreation Area, California, until the 
requirements of the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) and the Federal Water Pollution 
Control Act (33 U.S.C. 12151 et seq.) are met with respect to 
such commercial rafting activities.
    Sec. 209. (a) Section 101(a)(6)(C) of the Water Resources 
Development Act of 1999, Public Law 106-53, is amended to read 
as follows:
                    ``(C) Makeup of water shortages caused by 
                flood control operation.--
                            ``(i) In general.--The Secretary of 
                        the Interior shall enter into, or 
                        modify, such agreements with the 
                        Sacramento Area Flood Control Agency 
                        regarding the operation of Folsom Dam 
                        and Reservoir as may be necessary in 
                        order that, notwithstanding any prior 
                        agreement or provision of law, 100 
                        percent of the water needed to make up 
                        for any water shortage caused by 
                        variable flood control operation during 
                        any year at Folsom Dam, and resulting 
                        in a significant impact on recreation 
                        at Folsom Reservoir shall be replaced, 
                        to the extent the water is available 
                        for purchase, by the Secretary of the 
                        Interior.
                            ``(ii) Cost sharing.--Seventy-five 
                        percent of the costs of the replacement 
                        water provided under clause (i) shall 
                        be paid for on a non-reimbursable basis 
                        by the Secretary of the Interior at 
                        Federal expense. The remaining 25 
                        percent of such costs shall be provided 
                        by the Sacramento Area Flood Control 
                        Agency.
                            ``(iii) Limitation.--To the extent 
                        that any funds in excess of the non-
                        Federal share are provided by the 
                        Sacramento Area Flood Control Agency, 
                        the Secretary shall reimburse such non-
                        Federal interests for such excess 
                        funds. Costs for replacement water may 
                        not exceed 125 percent of the current 
                        average market price for raw water, as 
                        determined by the Secretary of the 
                        Interior.''.
    (b) Conforming Change.--Section 101(a)(1)(D)(ii) of the 
Water Resources Development Act of 1996, Public Law 104-303, is 
amended by striking ``during'' and all that follows through 
``thereafter''.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                             Energy Supply

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, 
and other expenses necessary for energy supply activities in 
carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the 
acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion; and the purchase of not to exceed 17 passenger motor 
vehicles for replacement only, $666,726,000, to remain 
available until expended.

                  Non-Defense Environmental Management

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and 
other expenses necessary for non-defense environmental 
management activities in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property 
or any facility or for plant or facility acquisition, 
construction, or expansion, $236,372,000, to remain available 
until expended: Provided, That funding for the West Valley 
Demonstration Project shall be reduced in subsequent fiscal 
years to the minimum necessary to maintain the project in a 
safe and stable condition, unless, not later than September 30, 
2002, the Secretary:(1) provides written notification to the 
Committees on Appropriations of the House of Representatives and the 
Senate that agreement has been reached with the State of New York on 
the final scope of Federal activities at the West Valley site and on 
the respective Federal and State cost shares for those activities; (2) 
submits a written copy of that agreement to the Committees on 
Appropriations of the House of Representatives and the Senate; and (3) 
provides a written certification that the Federal actions proposed in 
the agreement will be in full compliance with all relevant Federal 
statutes and are in the best interest of the Federal government.

             Uranium Facilities Maintenance and Remediation

    For necessary expenses to maintain, decontaminate, 
decommission, and otherwise remediate uranium processing 
facilities, $418,425,000, of which $299,641,000 shall be 
derived from the Uranium Enrichment Decontamination and 
Decommissioning Fund, all of which shall remain available until 
expended.

                                Science

    For Department of Energy expenses including the purchase, 
construction and acquisition of plant and capital equipment, 
and other expenses necessary for science activities in carrying 
out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or facility or for plant or 
facility acquisition, construction, or expansion, and purchase 
of not to exceed 25 passenger motor vehicles for replacement 
only, $3,233,100,000, to remain available until expended.

                         Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the 
purposes of Public Law 97-425, as amended, including the 
acquisition of real property or facility construction or 
expansion, $95,000,000, to remain available until expended and 
to be derived from the Nuclear Waste Fund: Provided, That not 
to exceed $2,500,000 shall be provided to the State of Nevada 
solely for expenditures, other than salaries and expenses of 
State employees, to conduct scientific oversight 
responsibilities pursuant to the Nuclear Waste Policy Act of 
1982, Public Law 97-425, as amended: Provided further, That 
$6,000,000 shall be provided to affected units of local 
governments, as defined in Public Law 97-425, to conduct 
appropriate activities pursuant to the Act: Provided further, 
That the distribution of the funds as determined by the units 
of local government shall be approved by the Department of 
Energy: Provided further, That the funds for the State of 
Nevada shall be made available solely to the Nevada Division of 
Emergency Management by direct payment and units of local 
government by direct payment: Provided further, That within 90 
days of the completion of each Federal fiscal year, the Nevada 
Division of Emergency Management and the Governor of the State 
of Nevada and each local entity shall provide certification to 
the Department of Energy that all funds expended from such 
payments have been expended for activities authorized by Public 
Law 97-425 and this Act. Failure to provide such certification 
shall cause such entity to be prohibited from any further 
funding provided for similar activities: Provided further, That 
none of the funds herein appropriated may be: (1) used directly 
or indirectly to influence legislative action on any matter 
pending before Congress or a State legislature or for lobbying 
activity as provided in 18 U.S.C. 1913; (2) used for litigation 
expenses; or (3) used to support multi-State efforts or other 
coalition building activities inconsistent with the 
restrictions contained in this Act: Provided further, That all 
proceeds and recoveries realized by the Secretary in carrying 
out activities authorized by the Nuclear Waste Policy Act of 
1982, Public Law 97-425, as amended, including but not limited 
to, any proceeds from the sale of assets, shall be available 
without further appropriation and shall remain available until 
expended.

                      Departmental Administration


                     (including transfer of funds)


    For salaries and expenses of the Department of Energy 
necessary for departmental administration in carrying out the 
purposes of the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the hire of passenger motor 
vehicles and official reception and representation expenses 
(not to exceed $35,000), $210,853,000, to remain available 
until expended, plus such additional amounts as necessary to 
cover increases in the estimated amount of cost of work for 
others notwithstanding the provisions of the Anti-Deficiency 
Act (31 U.S.C. 1511 et seq.): Provided, That such increases in 
cost of work are offset by revenue increases of the same or 
greater amount, to remain available until expended: Provided 
further, That moneys received by the Department for 
miscellaneous revenues estimated to total $137,810,000 in 
fiscal year 2002 may be retained and used for operating 
expenses within this account, and may remain available until 
expended, as authorized by section 201 of Public Law 95-238, 
notwithstanding the provisions of 31 U.S.C. 3302: Provided 
further, That the sum herein appropriated shall be reduced by 
the amount of miscellaneous revenues received during fiscal 
year 2002 so as to result in a final fiscal year 2002 
appropriation from the General Fund estimated at not more than 
$73,043,000.

                    Office of the Inspector General

    For necessary expenses of the Office of the Inspector 
General in carrying out the provisions of the Inspector General 
Act of 1978, as amended, $32,430,000, to remain available until 
expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment 
and other incidental expenses necessary for atomic energy 
defense weapons activities in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property 
or any facility or for plant or facility acquisition, 
construction, or expansion; and the purchase of not to exceed 
11 passenger motor vehicles for replacement only, 
$5,429,238,000, to remain available until expended.

                    Defense Nuclear Nonproliferation

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and 
other incidental expenses necessary for atomic energy defense, 
defense nuclear nonproliferation activities, in carrying out 
the purposes of the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition or condemnation 
of any real property or any facility or for plant or facility 
acquisition, construction, or expansion, $803,586,000, to 
remain available until expended.

                             Naval Reactors

    For Department of Energy expenses necessary for naval 
reactors activities to carry out the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the 
acquisition (by purchase, condemnation, construction, or 
otherwise) of real property, plant, and capital equipment, 
facilities, and facility expansion, $688,045,000, to remain 
available until expended.

                      Office of the Administrator

    For necessary expenses of the Office of the Administrator 
of the National Nuclear Security Administration, including 
official reception and representation expenses (not to exceed 
$12,000), $312,596,000, to remain available until expended.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

         Defense Environmental Restoration and Waste Management

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment 
and other expenses necessary for atomic energy defense 
environmental restoration and waste management activities in 
carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the 
acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion; and the purchase of not to exceed 30 passenger motor 
vehicles, of which 27 shall be for replacement only, 
$5,234,576,000, to remain available until expended.

                  Defense Facilities Closure Projects

    For expenses of the Department of Energy to accelerate the 
closure of defense environmental management sites, including 
the purchase, construction, and acquisition of plant and 
capital equipment and other necessary expenses, $1,092,878,000, 
to remain available until expended.

             Defense Environmental Management Privatization

    For Department of Energy expenses for privatization 
projects necessary for atomic energy defense environmental 
management activities authorized by the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), $153,537,000, to 
remain available until expended.

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment 
and other expenses necessary for atomic energy defense, other 
defense activities, in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property 
or any facility or for plant or facility acquisition, 
construction, or expansion, $544,044,000, to remain available 
until expended.

                     Defense Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the 
purposes of Public Law 97-425, as amended, including the 
acquisition of real property or facility construction or 
expansion, $280,000,000, to remain available until expended.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for 
official reception and representation expenses in an amount not 
to exceed $1,500.
    During fiscal year 2002, no new direct loan obligations may 
be made.

      Operation and Maintenance, Southeastern Power Administration

    For necessary expenses of operation and maintenance of 
power transmission facilities and of marketing electric power 
and energy, including transmission wheeling and ancillary 
services, pursuant to the provisions of section 5 of the Flood 
Control Act of 1944 (16 U.S.C. 825s), as applied to the 
southeastern power area, $4,891,000, to remain available until 
expended; in addition, notwithstanding the provisions of 31 
U.S.C. 3302, up to $8,000,000 collected by the Southeastern 
Power Administration pursuant to the Flood Control Act to 
recover purchase power and wheeling expenses shall be credited 
to this account as offsetting collections, to remain available 
until expended for the sole purpose of making purchase power 
and wheeling expenditures.

      Operation and Maintenance, Southwestern Power Administration

    For necessary expenses of operation and maintenance of 
power transmission facilities and of marketing electric power 
and energy, and for construction and acquisition of 
transmission lines, substations and appurtenant facilities, and 
for administrative expenses, including official reception and 
representation expenses in an amount not to exceed $1,500 in 
carrying out the provisions of section 5 of the Flood Control 
Act of 1944 (16 U.S.C. 825s), as applied to the southwestern 
power area, $28,038,000, to remain available until expended; in 
addition, notwithstanding the provisions of 31 U.S.C. 3302, not 
to exceed $5,200,000 in reimbursements, to remain available 
until expended: Provided, That up to $1,512,000 collected by 
the Southwestern Power Administration pursuant to the Flood 
Control Act to recover purchase power and wheeling expenses 
shall be credited to this account as offsetting collections, to 
remain available until expended for the sole purpose of making 
purchase power and wheeling expenditures.

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

    For carrying out the functions authorized by title III, 
section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 
7152), and other related activities including conservation and 
renewable resources programs as authorized, including official 
reception and representation expenses in an amount not to 
exceed $1,500, $171,938,000, to remain available until 
expended, of which $166,651,000 shall be derived from the 
Department of the Interior Reclamation Fund: Provided, That of 
the amount herein appropriated, $6,000,000 is for deposit into 
the Utah Reclamation Mitigation and Conservation Account 
pursuant to title IV of the Reclamation Projects Authorization 
and Adjustment Act of 1992: Provided further, That up to 
$152,624,000 collected by the Western Area Power Administration 
pursuant to the Flood Control Act of 1944 and the Reclamation 
Project Act of 1939 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting 
collections, to remain available until expended for the sole 
purpose of making purchase power and wheeling expenditures.

           Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, 
$2,663,000, to remain available until expended, and to be 
derived from the Falcon and Amistad Operating and Maintenance 
Fund of the Western Area Power Administration, as provided in 
section 423 of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995.

                  Federal Energy Regulatory Commission


                         salaries and expenses


    For necessary expenses of the Federal Energy Regulatory 
Commission to carry out the provisions of the Department of 
Energy Organization Act (42 U.S.C. 7101 et seq.), including 
services as authorized by 5 U.S.C. 3109, the hire of passenger 
motor vehicles, and official reception and representation 
expenses (not to exceed $3,000), $184,155,000, to remain 
available until expended: Provided, That notwithstanding any 
other provision of law, not to exceed $184,155,000 of revenues 
from fees and annual charges, and other services and 
collections in fiscal year 2002 shall be retained and used for 
necessary expenses in this account, and shall remain available 
until expended: Provided further, That the sum herein 
appropriated from the General Fund shall be reduced as revenues 
are received during fiscal year 2002 so as to result in a final 
fiscal year 2002 appropriation from the General Fund estimated 
at not more than $0: Provided further, That the Commission is 
authorized an additional 5 senior executive service positions.

                           GENERAL PROVISIONS

                          DEPARTMENT OF ENERGY

    Sec. 301. (a) None of the funds appropriated by this Act 
may be used to award a management and operating contract, or 
award a significant extension or expansion to an existing 
management and operating contract, unless such contract is 
awarded using competitive procedures or the Secretary of Energy 
grants, on a case-by-case basis, a waiver to allow for such a 
deviation. The Secretary may not delegate the authority to 
grant such a waiver.
    (b) At least 60 days before a contract award for which the 
Secretary intends to grant such a waiver, the Secretary shall 
submit to the Subcommittees on Energy and Water Development of 
the Committees on Appropriations of the House of 
Representatives and the Senate a report notifying the 
Subcommittees of the waiver and setting forth, in specificity, 
the substantive reasons why the Secretary believes the 
requirement for competition should be waived for this 
particular award.
    Sec. 302. None of the funds appropriated by this Act may be 
used to--
            (1) develop or implement a workforce restructuring 
        plan that covers employees of the Department of Energy; 
        or
            (2) provide enhanced severance payments or other 
        benefits for employees of the Department of Energy,
under section 3161 of the National Defense Authorization Act 
for Fiscal Year 1993 (Public Law 102-484; 42 U.S.C. 7274h).
    Sec. 303. None of the funds appropriated by this Act may be 
used to augment the $20,000,000 made available for obligation 
by this Act for severance payments and other benefits and 
community assistance grants under section 3161 of the National 
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 42 U.S.C. 7274h) unless the Department of Energy submits a 
reprogramming request subject to approval by the appropriate 
Congressional committees.
    Sec. 304. None of the funds appropriated by this Act may be 
used to prepare or initiate Requests For Proposals (RFPs) for a 
program if the program has not been funded by Congress.


                   (transfers of unexpended balances)


    Sec. 305. The unexpended balances of prior appropriations 
provided for activities in this Act may be transferred to 
appropriation accounts for such activities established pursuant 
to this title. Balances so transferred may be merged with funds 
in the applicable established accounts and thereafter may be 
accounted for as one fund for the same time period as 
originally enacted.
    Sec. 306. None of the funds in this or any other Act for 
the Administrator of the Bonneville Power Administration may be 
used to enter into any agreement to perform energy efficiency 
services outside the legally defined Bonneville service 
territory, with the exception of services provided 
internationally, including services provided on a reimbursable 
basis, unless the Administrator certifies in advance that such 
services are not available from private sector businesses.
    Sec. 307. When the Department of Energy makes a user 
facility available to universities and other potential users, 
or seeks input from universities and other potential users 
regarding significant characteristics or equipment in a user 
facility or a proposed user facility, the Department shall 
ensure broad public notice of such availability or such need 
for input to universities and other potential users. When the 
Department of Energy considers the participation of a 
university or other potential user as a formal partner in the 
establishment or operation of a user facility, the Department 
shall employ full and open competition in selecting such a 
partner. For purposes of this section, the term ``user 
facility'' includes, but is not limited to: (1) a user facility 
as described in section 2203(a)(2) of the Energy Policy Act of 
1992 (42 U.S.C. 13503(a)(2)); (2) a National Nuclear Security 
Administration Defense Programs Technology Deployment Center/
User Facility; and (3) any other Departmental facility 
designated by the Department as a user facility.
    Sec. 308. None of the funds in this Act may be used to 
dispose of transuranic waste in the Waste Isolation Pilot Plant 
which contains concentrations of plutonium in excess of 20 
percent by weight for the aggregate of any material category on 
the date of enactment of this Act, or is generated after such 
date. For the purposes of this section, the material categories 
of transuranic waste at the Rocky Flats Environmental 
Technology Site include: (1) ash residues; (2) salt residues; 
(3) wet residues; (4) direct repackage residues; and (5) scrub 
alloy as referenced in the ``Final Environmental Impact 
Statement on Management of Certain Plutonium Residues and Scrub 
Alloy Stored at the Rocky Flats Environmental Technology 
Site''.
    Sec. 309. The Administrator of the National Nuclear 
Security Administration may authorize the plant manager of a 
covered nuclear weapons production plant to engage in research, 
development, and demonstration activities with respect to the 
engineering and manufacturing capabilities at such plant in 
order to maintain and enhance such capabilities at such plant: 
Provided, That of the amount allocated to a covered nuclear 
weapons production plant each fiscal year from amounts 
available to the Department of Energy for such fiscal year for 
national security programs, not more than an amount equal to 2 
percent of such amount may be used for these activities: 
Provided further, That for purposes of this section, the term 
``covered nuclear weapons production plant'' means the 
following:
            (1) the Kansas City Plant, Kansas City, Missouri;
            (2) the Y-12 Plant, Oak Ridge, Tennessee;
            (3) the Pantex Plant, Amarillo, Texas; and
            (4) the Savannah River Plant, South Carolina.
    Sec. 310. The Administrator of the National Nuclear 
Security Administration may authorize the manager of the Nevada 
Operations Office to engage in research, development, and 
demonstration activities with respect to the development, test, 
and evaluation capabilities necessary for operations and 
readiness of the Nevada Test Site: Provided, That of the amount 
allocated to the Nevada Operations Office each fiscal year from 
amounts available to the Department of Energy for such fiscal 
year for national security programs at the Nevada Test Site, 
not more than an amount equal to 2 percent of such amount may 
be used for these activities.
    Sec. 311. Depleted Uranium Hexafluoride. Section 1 of 
Public Law 105-204 is amended in subsection (b)--
            (1) by inserting ``except as provided in subsection 
        (c),'' after ``1321-349),''; and
            (2) by striking ``fiscal year 2002'' and inserting 
        ``fiscal year 2005''.
    Sec. 312. Prohibition of Oil and Gas Drilling in the Finger 
Lakes National Forest, New York. No Federal permit or lease 
shall be issued for oil or gas drilling in the Finger Lakes 
National Forest, New York, during fiscal year 2002.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized 
by the Appalachian Regional Development Act of 1965, as 
amended, notwithstanding section 405 of said Act, and, for 
necessary expenses for the Federal Co-Chairman and the 
alternate on the Appalachian Regional Commission, for payment 
of the Federal share of the administrative expenses of the 
Commission, including services as authorized by 5 U.S.C. 3109, 
and hire of passenger motor vehicles, $71,290,000, to remain 
available until expended.

                Defense Nuclear Facilities Safety Board


                         salaries and expenses


    For necessary expenses of the Defense Nuclear Facilities 
Safety Board in carrying out activities authorized by the 
Atomic Energy Act of 1954, as amended by Public Law 100-456, 
section 1441, $18,500,000, to remain available until expended.

                        Delta Regional Authority


                         salaries and expenses


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

                           Denali Commission

    For expenses of the Denali Commission including the 
purchase, construction and acquisition of plant and capital 
equipment as necessary and other expenses, $38,000,000, to 
remain available until expended.

                     Nuclear Regulatory Commission


                         salaries and expenses


    For necessary expenses of the Commission in carrying out 
the purposes of the Energy Reorganization Act of 1974, as 
amended, and the Atomic Energy Act of 1954, as amended, 
including official representation expenses (not to exceed 
$15,000), and purchase of promotional items for use in the 
recruitment of individuals for employment, $516,900,000, to 
remain available until expended: Provided, That of the amount 
appropriated herein, $23,650,000 shall be derived from the 
Nuclear Waste Fund: Provided further, That revenues from 
licensing fees, inspection services, and other services and 
collections estimated at $473,520,000 in fiscal year 2002 shall 
be retained and used for necessary salaries and expenses in 
this account, notwithstanding 31 U.S.C. 3302, and shall remain 
available until expended: Provided further, That the sum herein 
appropriated shall be reduced by the amount of revenues 
received during fiscal year 2002 so as to result in a final 
fiscal year 2002 appropriation estimated at not more than 
$43,380,000: Provided further, That, notwithstanding any other 
provision of law, no funds made available under this or any 
other Act may be expended by the Commission to implement or 
enforce any part of 10 C.F.R. Part 35, as adopted by the 
Commission on October 23, 2000, with respect to diagnostic 
nuclear medicine, except those parts which establish training 
and experience requirements for persons seeking licensing as 
authorized users, until such time as the Commission has 
reexamined 10 C.F.R. Part 35 and provided a report to the 
Congress which explains why the burden imposed by 10 C.F.R. 
Part 35 could not be further reduced.

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General 
in carrying out the provisions of the Inspector General Act of 
1978, as amended, $6,180,000, to remain available until 
expended: Provided, That revenues from licensing fees, 
inspection services, and other services and collections 
estimated at $5,933,000 in fiscal year 2002 shall be retained 
and be available until expended, for necessary salaries and 
expenses in this account notwithstanding 31 U.S.C. 3302: 
Provided further, That the sum herein appropriated shall be 
reduced by the amount of revenues received during fiscal year 
2002 so as to result in a final fiscal year 2002 appropriation 
estimated at not more than $247,000.

                  Nuclear Waste Technical Review Board


                         salaries and expenses


    For necessary expenses of the Nuclear Waste Technical 
Review Board, as authorized by Public Law 100-203, section 
5051, $3,100,000, to be derived from the Nuclear Waste Fund, 
and to remain available until expended.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501. None of the funds appropriated by this Act may be 
used in any way, directly or indirectly, to influence 
congressional action on any legislation or appropriation 
matters pending before Congress, other than to communicate to 
Members of Congress as described in 18 U.S.C. 1913.
    Sec. 502. (a) Purchase of American-Made Equipment and 
Products.--It is the sense of the Congress that, to the 
greatest extent practicable, all equipment and products 
purchased with funds made available in this Act should be 
American-made.
     (b) Notice Requirement.--In providing financial assistance 
to, or entering into any contract with, any entity using funds 
made available in this Act, the head of each Federal agency, to 
the greatest extent practicable, shall provide to such entity a 
notice describing the statement made in subsection (a) by the 
Congress.
     (c) Prohibition of Contracts With Persons Falsely 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. 503. The Secretary of the Army shall conduct and 
submit to Congress a study that examines the known and 
potential environmental effects of oil and gas drilling 
activity in the Great Lakes (including effects on the 
shorelines and water of the Great Lakes): Provided, That during 
the fiscal years 2002 and 2003, no Federal or State permit or 
lease shall be issued for new oil and gas slant, directional, 
or offshore drilling in or under one or more of the Great 
Lakes.
    This Act may be cited as the ``Energy and Water Development 
Appropriations Act, 2002''.
    And the Senate agree to the same.

                                   Sonny Callahan,
                                   Harold Rogers,
                                   Rodney P. Frelinghuysen,
                                   Tom Latham,
                                   Roger F. Wicker,
                                   Zach Wamp,
                                   Jo Ann Emerson,
                                   John T. Doolittle,
                                   Bill Young,
                                   Peter J. Visclosky,
                                   Ed Pastor,
                                   James E. Clyburn,
                                   Lucille Roybal-Allard,
                                 Managers on the Part of the House.

                                   Pete V. Domenici,
                                   Thad Cochran,
                                   Mitch McConnell,
                                   Robert F. Bennett,
                                   Conrad Burns,
                                   Larry Craig,
                                   Ted Stevens,
                                   Harry Reid,
                                   Robert C. Byrd,
                                   Fritz Hollings,
                                   Patty Murray,
                                   Byron L. Dorgan,
                                   Dianne Feinstein,
                                   Tom Harkin,
                                   Daniel K. Inouye,
                                Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

      The managers on the part of the House and the Senate at 
the conference on the disagreeing votes of the two Houses on 
the amendment of the Senate to the bill (H.R. 2311) making 
appropriations for energy and water development for the fiscal 
year ending September 30, 2002, and for other purposes, submit 
the following joint statement to the House and the Senate in 
explanation of the effects of the action agreed upon by the 
managers and recommended in the accompanying conference report.
      The language and allocations set forth in House Report 
107-112 and Senate Report 107-39 should be complied with unless 
specifically addressed to the contrary in the conference report 
and statement of the managers. Report language included by the 
House which is not contradicted by the report of the Senate or 
the statement of the managers, and Senate report language which 
is not contradicted by the report of the House or the statement 
of the managers is approved by the committee of conference. The 
statement of the managers, while repeating some report language 
for emphasis, does not intend to negate the language referred 
to above unless expressly provided herein. In cases where both 
the House report and Senate report address a particular issue 
not specifically addressed in the conference report or joint 
statement of managers, the conferees have determined that the 
House and Senate reports are not inconsistent and are to be 
interpreted accordingly. In cases in which the House or Senate 
have directed the submission of a report, such report is to be 
submitted to both House and Senate Committees on 
Appropriations.
      Senate amendment: The Senate deleted the entire House 
bill after the enacting clause and inserted the Senate bill. 
The conference agreement includes a revised bill.

                              INTRODUCTION

                         Response to Terrorism

      The conferees commend the personnel of the agencies 
funded in this bill for their dedication and professionalism in 
their response to the heinous and cowardly terrorist attacks on 
the World Trade Center and the Pentagon on September 11, 2001.
      The Army Corps of Engineers had a very prominent role in 
crisis response, engineering assessment, and recovery at the 
attack sites. The conferees believe that this disaster has 
again shown the wisdom of the current structure and alignment 
of the Corps of Engineers within the Department of Defense. The 
conferees continue to expect the Congress to be fully consulted 
before any proposed changes affecting the Corps or the unique 
role of the Chief of Engineers are implemented.
      The Department of Energy redoubled efforts to maximize 
and ensure absolute security of our Nation's nuclear weapons, 
nuclear materials, and critical scientific and weapons 
infrastructure. In a quiet, unheralded manner the professionals 
throughout the country at the Army Corps of Engineers and the 
Department of the Interior's Bureau of Reclamation have spent 
much time and personal effort to ensure the safety of many of 
the Nation's critical water resources. The Nuclear Regulatory 
Commission remains vigilant about security at the nation's 
commercial nuclear power reactors. The conferees note that both 
Federal and contractor employees have made significant 
contributions at sometimes great personal sacrifice on behalf 
of our Nation, and we are grateful for their efforts.
      The conferees are aware that a number of requirements 
have surfaced since the terrorist attacks to address the cost 
of improved security at facilities funded in this bill. These 
requirements are evolving and are expected to be addressed 
within the $40 billion emergency supplemental appropriation 
that the Congress provided immediately following the terrorist 
attack. If additional requirements are identified during the 
year, the conferees expect each agency to follow normal 
reprogramming procedures to address those requirements. For the 
Corps of Engineers Operation and Maintenance, General, account, 
the Corps of Engineers shall submit to the House and Senate 
Committees for approval, any reprogramming of funds directly 
related to enhanced security at its projects. If all known 
enhanced security requirements cannot be fully met through 
fiscal year 2002 appropriations, the conferees direct that each 
agency in this bill budget for any such remaining costs in the 
fiscal year 2003 budget submission to Congress. The conferees 
direct the Secretaries of the Army, Energy, and Interior to 
each submit a report to the Appropriations Committees of 
Congress by February 15, 2002 which specifically identifies in 
detail all known physical security requirements that have 
surfaced since the terrorist attacks, and the degree to which 
each has been met through fiscal year 2002 appropriations and 
the fiscal year 2003 budget request.

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

      The summary tables at the end of this title set forth the 
conference agreement with respect to the individual 
appropriations, programs, and activities of the Corps of 
Engineers. Additional items of conference agreement are 
discussed below.

                         General Investigations

      The conference agreement appropriates $154,350,000 for 
General Investigations instead of $163,260,000 as proposed by 
the House and $152,402,000 as proposed by the Senate.
      The conferees have agreed to provide $350,000 for the 
Corps of Engineers to initiate and complete a reconnaissance 
study to evaluate environmental restoration, recreation, and 
related purposes for the Middle Rio Grande, Bosque, New Mexico. 
The conferees are aware of the unique nature of this study and 
encourage the Corps of Engineers to establish a regional inter-
agency and inter-state steering committee to leverage lessons 
learned from the Rio Salado, Phoenix and Tempe Reaches, 
Arizona, and Tres Rio, Arizona, environmental restoration 
projects as well as experience from within the agency.
      The conference agreement includes $1,200,000 for the 
Upper Trinity River Basin, Texas, project as proposed by the 
House and the Senate. The additional amount provided will allow 
for completion of the Dallas Floodway and Stemmons North 
Industrial Corridor studies, for continuation of studies on the 
Clear and West Forks of the Trinity River including the 
evaluation of existing flood control improvements and the 
identification of additional measures at their confluence 
needed to protect the urban center of Fort Worth, and the Big 
Fossil Creek Watershed, and for initiation of a new study.
      The conferees have provided $100,000 for the Corps of 
Engineers to address the historic flooding problem at the 
Sparks Arroyo Colonia in El Paso County, Texas.
      The conferees have provided $100,000 for the Nueces River 
and Tributaries, Texas, project for a reconnaissance study of 
recharge structures located on the Edwards Aquifer Recharge 
Zone in the Nueces River Basin.
      Within the amount provided for Flood Plain Management 
Services, $100,000 is to update a flood plain study for Tripps 
Run in the City of Falls Church, Virginia. In addition, the 
amount provided for Flood Plain Management Services includes 
$1,300,000 for the development of a Foundational Floodplain 
Management Geographic Information System for East Baton Rouge 
Parish, Louisiana, containing essential graphic and non-graphic 
detailed databases.
      Within the amount provided for the Planning Assistance to 
States Program, $50,000 is for the preparation of a 
Comprehensive Drainage Basin Plan for Francis Bland Floodway 
Ditch (Eight Mile Creek) and tributaries in the vicinity of 
Paragould, Arkansas, and $100,000 is for the Corps of Engineers 
to provide planning assistance to develop a master plan for Elk 
Creek Lake in Fleming County, Kentucky. In addition, the 
conferees urge the Corps of Engineers to initiate an 
investigation of the streambank erosion problems in the East 
Baton Rouge Parish Canal in Baker, Louisiana, and 
desalinization efforts at Tularosa Basin in Alamogordo, New 
Mexico. The amount provided for the Planning Assistance to 
States program also includes $150,000 for the Corps of 
Engineers to provide planning assistance to the Choctawhatchee, 
Pea, and Yellow Rivers Watershed Management Authority. The 
conferees have also included $400,000 for the Corps of 
Engineers to conduct, at full Federal expense as required by 
section 1156 of Public Law 99-662, a review of plans developed 
by the Commonwealth of the Northern Mariana Islands for 
improvements to its water infrastructure in order to prepare a 
report for transmission to Congress that could be used as the 
basis for an authorization for the Federal government to assist 
the Commonwealth of the Northern Mariana Islands with those 
improvements.
      The conference agreement includes $29,300,000 for 
Research and Development. Within the amount provided, 
$4,100,000 is to continue the National Shoreline Erosion 
Control Development and Demonstration Program authorized by 
section 227 of the Water Resources Development Act of 1996, 
including $1,300,000 for the Corps of Engineers to demonstrate 
the effectiveness of erosion control systems consisting of 
permeable groins installed perpendicular to the shoreline which 
reduce wave and current energy allowing a portion of the 
sediment load to fall out of suspension at Gulf State Park in 
Gulf Shores, Alabama, and $800,000 to continue the research 
being conducted at Allegan County, Michigan, in cooperation 
with Western Michigan University. In addition, the conferees 
encourage the Corps of Engineers to fully investigate the use 
of electro-osmotic-pulse technologies at facilities where 
chronic water seepage and floods are problematic. The conferees 
urge the Corps of Engineers to test the effectiveness of the 
Aqua Levee Emergency Flood Control System, and report back to 
the House and Senate Committees on Appropriations on the 
feasibility of deploying this emergency flood control system 
for use in fighting floods. The amount provided for Research 
and Development also includes $300,000 for the Corps of 
Engineers to prepare an implementation plan and complete a 
detailed project design for the Seabrook Harbor, New Hampshire, 
Demonstration Project under the authority of section 227 of the 
Water Resources Development Act of 1996.
      The conference agreement includes language proposed by 
the House which directs the Corps of Engineers to continue 
preconstruction engineering and design of the Murrieta Creek, 
California, project in accordance with the cost sharing 
established in Public Law 106-377. The language has been 
amended to delete the dollar amount; however, the conference 
agreement includes $1,000,000 for the project as proposed by 
the House.
      The conference agreement includes language proposed by 
the House which directs the Corps of Engineers to use the 
feasibility report prepared under the authority of section 205 
of the Flood Control Act of 1948, as amended, as the basis for 
the Rock Creek-Keefer Slough Flood Control Project in Butte 
County, California. The language has been amended to delete the 
dollar amount; however, the conference agreement includes 
$200,000 for the project as proposed by the House and the 
Senate.
      The conference agreement includes language proposed by 
the House regarding the Southwest Valley Flood Damage Reduction 
Study in New Mexico which directs the Corps of Engineers to 
include in the study an evaluation of flood reduction measures 
that would otherwise be excluded based on policies regarding 
the frequency of flooding, the drainage area, and the amount of 
runoff.
      The conference agreement includes language proposed by 
the Senate which directs the Corps of Engineers to conduct 
studies for flood damage reduction, environmental protection, 
environmental restoration, water supply, water quality, and 
other purposes in Tuscaloosa County, Alabama. The language has 
been amended to delete the dollar amount; however, the 
conference agreement includes $100,000 for the study as 
proposed by the Senate.
      The conferees have included language in the bill which 
directs the Corps of Engineers to conduct a comprehensive 
watershed study to provide a framework for implementing 
activities to improve the environmental quality of the Lake 
Tahoe Basin in Nevada and California.
      The conference agreement includes language which amends 
the Consolidated Appropriations Act, 2001, to provide that 
funds for the Lower St. Anthony Falls, Minnesota, project may 
be used for planning, engineering and design activities.
      The conference agreement deletes bill language proposed 
by the Senate providing $500,000 for the Port of Iberia, 
Louisiana, study. Funds for this project have been included in 
the overall amount appropriated for General Investigations.
      The conference agreement deletes bill language proposed 
by the Senate providing $100,000 for a Chesapeake Bay shoreline 
erosion study, including an examination of management measures 
that could be undertaken to address the sediments behind the 
dams on the Lower Susquehanna River. Funds for this project 
have been included in the overall amount appropriated for 
General Investigations.
      The conference agreement deletes bill language proposed 
by the Senate providing $300,000 for the North Georgia Water 
Planning District Watershed study in Georgia. Funds for this 
project have been included in the overall amount appropriated 
for General Investigations.
      The conference agreement deletes language proposed by the 
Senate regarding drilling for oil or gas in the Great Lakes. 
This matter has been addressed in Title V, General Provisions.

                         Construction, General

      The conference agreement appropriates $1,715,951,000 for 
Construction, General instead of $1,671,854,000 as proposed by 
the House and $1,570,798,000 as proposed by the Senate.
      The conference agreement includes $2,000,000 for the St. 
Johns County, Florida, project. The conferees are aware that 
additional funds may be required in fiscal year 2002 to 
complete this project. Therefore, the Corps of Engineers is 
urged to transfer up to an additional $9,000,000 from available 
funds as necessary to complete this project. The conferees 
approve of this procedure and direct the Corps of Engineers to 
take all steps necessary to complete this project.
      The conference agreement includes $40,000,000 for the 
Olmsted Locks and Dam project. The conferees agree that none of 
the funds are to be used to reimburse the Claims and Judgment 
Fund.
      The conferees have provided $13,000,000 for the Inner 
Harbor Navigation Canal Lock project in Louisiana. While the 
conferees continue to support the renovation of the 80-year old 
locks in the Inner Harbor Navigation Canal, they are aware of 
recent allegations regarding potential adverse impacts of the 
project on vehicular traffic crossing the canal and direct the 
Corps of Engineers to work with the Old Arabi Neighborhood 
Association, Regional Planning Commission, St. Bernard Parish, 
the Louisiana Department of Transportation and Development, and 
the U.S. Coast Guard to determine if the project will cause 
vehicular traffic problems and on solutions to any confirmed 
problems.
      The conference agreement includes $950,000 for the 
Chesapeake Bay Environmental Restoration and Protection 
program, including $200,000 for the Taylors Island marsh 
creation and shoreline protection project, and $750,000 for 
upgrades to the Smith Island wastewater treatment plant.
      The conference agreement includes $4,000,000 for the 
Northeastern Minnesota Environmental Infrastructure program, 
including $250,000 to assist the City of Biwabik, Minnesota, 
with its sewer and water utility reconstruction along 7th and 
8th avenues.
      The conference agreement includes $500,000 for the Rural 
Montana project. Within the funds provided, the Corps of 
Engineers is directed to give consideration to projects at 
Helena, Laurel, and Conrad, Montana.
      The conferees are aware of the urgent need to facilitate 
efficient construction of improvements for New York and New 
Jersey Harbor to meet the needs of navigation interests and 
save significant Federal and non-Federal resources. Therefore, 
the conferees direct the Secretary of the Army to combine the 
previously authorized Arthur Kill Channel, Howland Hook Marine 
Terminal, New York and New Jersey, project; the Kill Van Kull 
and Newark Bay Channel, New York and New Jersey, project; the 
New York and Adjacent Channels, Port Jersey Channel, New 
Jersey, project; and the New York and New Jersey Harbor, New 
York and New Jersey, project into a single project designated 
the New York and New Jersey Harbor, New York and New Jersey, 
project. The conferees have combined the Construction, General 
and General Investigations budget amounts for these projects 
and provided $88,500,000 for the New York and New Jersey Harbor 
project. The Secretary of the Army is directed to use these 
funds to continue construction of the combined New York and New 
Jersey Harbor project to the depths authorized in the Water 
Resources Development Act of 2000.
      The conferees have provided $8,000,000 to continue the 
Rural Nevada project. Within the funds provided, the Corps of 
Engineers is directed to give consideration toprojects at 
Mesquite, Silver Springs, Lawton-Verdi, Moapa, Elko County, McGill, and 
Boulder City, Nevada.
      The conference agreement includes $3,000,000 for the Mill 
Creek, Ohio, project as proposed by the House and the Senate. 
The additional funds provided above the budget request are to 
be used to accelerate completion of the General Reevaluation 
Report and develop an early warning system to alert businesses 
and residents in the watershed of possible floods.
      The conference agreement includes $3,000,000 for the Ohio 
Environmental Infrastructure program. The amount provided 
includes $1,500,000 to assist the City of Springfield, Ohio, 
with its wastewater treatment and sewer improvement needs.
      The conference agreement includes $10,000,000 for the 
South Central Pennsylvania Environmental Improvement Program. 
These funds are available to carry out improvements in 
Armstrong, Cambria, Indiana, Fayette, Somerset, and 
Westmoreland Counties in Pennsylvania.
      The conference agreement includes $500,000 for the Corps 
of Engineers to complete preconstruction engineering and design 
of the Goshen Dam, Virginia, project. The conferees agree that 
upon completion of preconstruction engineering and design, the 
Corps of Engineers may initiate construction of the project 
using available funds.
      The conferees have provided an additional $500,000 for 
the Mud Mountain Dam, White River, Washington, project for the 
design of fish passage facilities.
      The conference agreement includes a total of $41,100,000 
for the Levisa and Tug Forks of the Big Sandy River and Upper 
Cumberland River project. The amount provided includes funds 
for the individual project elements as described in the House 
and Senate reports.
      The conference agreement includes $4,000,000 for the 
Aquatic Plant Control Program. With the funds provided, the 
Corps of Engineers is directed to undertake the projects listed 
in the House and Senate reports. The amount provided for the 
removal of aquatic weeds in the Lavaca and Navidad Rivers in 
Texas is $300,000.
      The conferees direct the Corps of Engineers to undertake 
the projects listed in the House and Senate reports and any 
additional projects described below for the various continuing 
authorities programs. For those projects in the continuing 
authorities program that are named in both the House and Senate 
reports, the conferees direct the Corps of Engineers to use the 
higher of the two reports funding recommendation for that 
project. The recommended funding levels for these programs are 
as follows: Section 206--$20,000,000; Section 204--$1,500,000; 
Section 14--$9,000,000; Section 205--$40,000,000; Section 111--
$1,470,000; Section 107--$15,000,000; Section 1135--
$20,400,000; Section 103--$5,000,000; and Section 208--
$1,000,000. The conferees are aware that there are funding 
requirements for ongoing continuing authorities projects that 
may not be accommodated within the funds provided for each 
program. It is not the intent of the conferees that ongoing 
projects be terminated. If additional funds are needed during 
the year to keep ongoing work in any program on schedule, the 
conferees urge the Corps of Engineers to reprogram funds into 
the program.
      The amount provided for the Section 1135 program does not 
include funds for the Garrows Bend Restoration project in 
Mobile, Alabama. That project has been funded in the Operation 
and Maintenance account. The amount provided for the Section 
1135 program includes $250,000 for a feasibility study of 
restoration activities at Horseshoe Lake, Arkansas, and 
$400,000 for the Tunica Lake Weir, Mississippi, project.
      The amount provided for the Section 206 program includes 
$100,000 for the Milford Pond restoration project in 
Massachusetts; $10,000 for the Borough of Fair Haven, Monmouth 
County, New Jersey, project; and $10,000 for the Grover's Mill 
Pond, Township of West Windsor, Mercer County, New Jersey, 
project. Funds are not included for the Lake Weamaconk, New 
York, project and the Oak Orchard Creek and Tonawanda Creek 
Watersheds, New York, project. As part of the fiscal year 2001 
appropriations process, the Secretary of the Army was directed 
to reimburse the East Bay Municipal Utility District for 
expenses at Penn Mine located in Calaveras County, California. 
The conferees have learned that reimbursement has not occurred 
as required. The conferees direct the Secretary to reimburse 
the East Bay Municipal Utility District $4,100,000 from funds 
previously appropriated under the Section 206 program for costs 
incurred at Penn Mine for work carried out by East Bay 
Municipal Utility District for the project. Such amounts shall 
be made available to the East Bay Municipal Utility District 
not later than 60 days after the date of enactment of this Act.
      The amount provided for the Section 205 program includes 
$424,000 for the Sumava, Indiana, project and $1,000,000 for 
the Deer Creek, Illinois, project. In addition, the conferees 
urge the Corps of Engineers to proceed with design of the Mad 
Creek flood control project in Iowa.
      The amount provided for the Section 111 program includes 
$170,000 for the Dauphin Island, Alabama, project.
      The amount provided for the Section 107 program includes 
$3,000,000 for the Lake Shore State Park, Wisconsin, project.
      The conferees have included language in the bill 
earmarking funds for the following projects in the amounts 
specified: San Timoteo Creek (Santa Ana River Mainstem), 
California, $8,000,000; Indianapolis Central Waterfront, 
Indiana, $9,000,000;Southern and Eastern Kentucky, $4,000,000; 
Clover Fork, City of Cumberland, Town of Martin, Pike County (including 
Levisa Fork and Tug Fork Tributaries), Bell County, Floyd County, 
Martin County, and Harlan County, Kentucky, elements of the Levisa and 
Tug Forks of the Big Sandy River and Upper Cumberland River project, 
$15,450,000; and the Lower Mingo County (Kermit), Upper Mingo County 
(including County Tributaries), Wayne County, and McDowell County, West 
Virginia, elements of the Levisa and Tug Forks of the Big Sandy River 
and Upper Cumberland River project, $5,900,000.
      The conference agreement deletes language proposed by the 
House regarding the San Gabriel Basin Restoration Fund project. 
Funds for this project are included in the Bureau of 
Reclamation's Water and Related Resources account.
      The conference agreement includes language proposed by 
the House which directs the Corps of Engineers to modify the 
Carr Creek Lake, Kentucky, project to provide additional water 
supply storage for the Upper Kentucky River Basin.
      The conferees have included language proposed by the 
House directing the Corps of Engineers to undertake design 
deficiency repairs to the Bois Brule Drainage and Levee 
District, Missouri, project with cost sharing consistent with 
the original project authorization and to increase the 
authorized level of protection of the Bois Brule Drainage and 
Levee District, Missouri, project from 50 to 100 years.
      The conference agreement includes language proposed by 
the Senate which directs the Corps of Engineers to conduct 
technical studies of individual ditch systems identified by the 
State of Hawaii and to assist the State in diversification by 
helping define the cost of repairing and maintaining selected 
ditch systems. The conference agreement also includes language 
proposed by the Senate which directs the Corps of Engineers to 
use $1,300,000 to continue construction of the Kaumalapau 
Harbor, Hawaii, project.
      The conferees have agreed to include language proposed by 
the Senate regarding the Brunswick County Beaches, North 
Carolina, project. The language has been amended to direct the 
Corps of Engineers to continue preparation of a General 
Reevaluation Report for the Oak Island, Caswell Beach, and 
Holden Beach segments of the project.
      The conference agreement includes language proposed by 
the Senate directing the Corps of Engineers to undertake the 
Bowie County Levee, Texas, project.
      The conferees have included language proposed by the 
Senate directing the Corps of Engineers to use $4,000,000 of 
the funds provided for the Dam Safety and Seepage/Stability 
Correction program to continue construction of seepage control 
features at Waterbury Dam, Vermont.
      The conference agreement includes language directing the 
Corps of Engineers to complete the Aloha-Rigolette, Louisiana, 
project.
      The conference agreement includes language directing the 
Corps of Engineers to proceed with the Shoalwater Bay 
Shoreline, Washington, project.
      The conferees have agreed to include language in the bill 
directing the Corps of Engineers to proceed with a final design 
and initiate construction for the repair and replacement of the 
Jicarilla Municipal Water System in Dulce, New Mexico.
      The conference agreement includes language which directs 
the Corps of Engineers to proceed with the Missouri River 
Restoration project and which provides that erosion control 
measures implemented shall be primarily through nonstructural 
means such as planting of native vegetation, bugger strips, 
conservation easements, setbacks, and agricultural best 
management practices.
      The conference agreement includes language directing the 
Corps of Engineers to construct the Dallas Floodway Extension, 
Texas, project in accordance with the Chief of Engineers report 
dated December 7, 1999.
      The conferees have included language in the bill 
extending by one year the due date for a progress report 
required by the Consolidated Appropriations Act, 2001, on 
implementing a program of environmental infrastructure 
improvements in northern Wisconsin.
      The conference agreement includes language directing the 
Corps of Engineers to use funds previously appropriated for the 
Salyersville, Kentucky, project to construct additional 
recreation improvements at the Buckhorn Lake, Kentucky, 
project.
      The conference agreement includes language directing the 
Corps of Engineers to initiate construction of the Seward 
Harbor, Alaska, project in accordance with the Report of the 
Chief of Engineers dated June 8, 1999.
      The conferees have included language directing the Corps 
of Engineers to use previously appropriated funds to reimburse 
the City of Venice, Florida, for work accomplished by the City 
as part of the Sarasota County, Florida, project.
      The conference agreement includes language directing the 
Corps of Engineers to undertake emergency bank protection 
measures at Lakeshore Park in Knoxville, Tennessee.
      The conference agreement includes language proposed by 
the Senate which directs the Corps of Engineers to continue the 
Dickenson County, Virginia, Detailed Project Report.
      The conferees have included language proposed by the 
Senate providing that the non-Federal sponsor for the Lebanon, 
New Hampshire, project shall receive credit toward the non-
Federal cost of the project for work performed before execution 
of the project cooperation agreement.
      The conference agreement includes language proposed by 
the House under Operation and Maintenance regarding the Raritan 
River Basin, Green Brook Sub-Basin, New Jersey, project. The 
Senate had proposed similar language under General Provisions, 
Corps of Engineers--Civil.
      The conference agreement deletes language proposed by the 
Senate regarding the Horseshoe Lake, Arkansas, project. Funds 
for this project have been included within the amount provided 
for the Section 1135 program.
      The conference agreement deletes language proposed by the 
Senate providing funds for the Red River Emergency Bank 
Protection, Arkansas, project. The amount appropriated for 
Construction, General includes $3,000,000 for this project.
      The conference agreement deletes language proposed by the 
Senate regarding the Embrey Dam, Virginia, project. Funds for 
this project have been included in the amount appropriated for 
Construction, General.
      The conferees direct that $2,000,000 of the funds 
provided in the Consolidated Appropriations Act, 2001, for the 
Abandoned and Inactive Noncoal Mine Restoration Program shall 
be provided for clean-up activities in Nevada.

 Flood Control, Mississippi River and Tributaries, Arkansas, Illinois, 
       Kentucky, Louisiana, Mississippi, Missouri, and Tennessee

      The conference agreement appropriates $345,992,000 for 
Flood Control, Mississippi River and Tributaries, instead of 
$347,655,000 as proposed by the House and $328,011,000 as 
proposed by the Senate.
      The conference agreement includes $45,000,000 for the 
Channel Improvement construction program. The amount provided 
includes $500,000 to initiate dike construction at Keyes Point, 
Arkansas; Kate Aubrey, Arkansas; and Ashport-Goldust, Arkansas 
and Tennessee.
      The conference agreement includes $49,547,000 for the 
Mississippi River Levees construction program. The amount 
provided includes $4,100,000 to construct improvements in the 
vicinity of New Madrid, Missouri, as described in the House 
Report. In addition, the conferees have included $600,000 for 
the Corps of Engineers to prepare a design and cost estimate 
for the Lower Mississippi River Museum and Riverfront 
Interpretive Site at Vicksburg, Mississippi, generally in 
accordance with the conceptual plan prepared by the City of 
Vicksburg, as authorized by the Water Resources Development Act 
of 1992, and amended by the Water Resources Development Act of 
2000.
      The conference agreement includes $12,000,000 to continue 
construction of the Grand Prairie project in Arkansas, 
including construction of features to withdraw water from the 
White River. The conferees are aware that the irrigation 
district that would be the local sponsor for this project has 
not yet been formed. Formation of the district would be a 
significant step in advancing this project.
      The conferees have provided $25,400,000 for the 
Atchafalaya Basin project and direct the Corps of Engineers to 
use these funds for the Bayou Yokely pumping station and other 
projects within the basin. Further, the conferees restrict 
funds from being used on any action that would decrease the 
water quality on Bayou Lafourche until water quality experts 
responsible for municipal water supplies from the bayou support 
these project elements.
      The conferees recognize that the realization of benefits 
derived from the Atchafalaya Basin Floodway System project is 
dependent upon the continuation of construction engineering and 
design work for water management and recreational features of 
the Myette Point, Buffalo Cove, and Flat Lake elements. The 
Corps of Engineers is directed to continue work on these 
components.
      The conference agreement includes language directing the 
Corps of Engineers to convey certain real property to the Board 
of Mississippi Levee Commissioners.

                   Operation and Maintenance, General

      The conference agreement appropriates $1,874,803,000 for 
Operation and Maintenance, General instead of $1,864,464,000 as 
proposed by the House and $1,833,263,000 as proposed by the 
Senate.
      The conference agreement includes $29,600,000 for the 
Mobile Harbor, Alabama, project. The amount provided includes 
$5,000,000 for the Corps of Engineers to remove, transport, 
dispose, and remediate sediments in the Arlington Channel and 
in the Garrows Bend Channel in Mobile Harbor, Alabama, and in 
areas adjacent to these Federal navigation channels. The 
conferees have included language in the bill directing the 
Corps of Engineers to proceed with this work.
      The conference agreement includes $1,000,000 above the 
budget request for the St. Mary's River, Michigan, project for 
additional dredging of the lower St. Mary's River.
      The conferees have provided $9,911,000 for the Garrison 
Dam, Lake Sakakawea, North Dakota, project, an increase of 
$800,000 over the budget request. The additional funds are 
provided for maintenance and upgrading of recreational 
facilities and for mosquito control in Williston, North Dakota.
      Of the amount provided for the Delaware River, 
Philadelphia to the Sea, project, $2,000,000 is for the Corps 
of Engineers to continue construction of facilities to control 
erosion of the shoreline in the vicinity of Pea Patch Island 
located in the Delaware River east of Delaware City, Delaware.
      The conferees direct the Corps of Engineers to use the 
funds provided above the budget request for the Francis E. 
Walter Dam, Pennsylvania, project to conduct a road relocation 
study at the dam.
      The amounts provided above the budget request for the 
Little Goose Lock and Dam, Washington; The Dalles Lock and Dam, 
Oregon and Washington; Bonneville Lock and Dam, Oregon and 
Washington; and John Day Lock and Dam, Oregon and Washington, 
projects are to fund new requirements implementing the Federal 
Columbia River Power System biological opinion.
      Pursuant to Public Law 105-104 and Public Law 105-105, 
the States of Alabama, Florida, and Georgia have been engaged 
in negotiations since 1997 over the reallocation of water 
storage in Federal reservoirs operated by the Corps of 
Engineers in the Apalachicola-Chattahoochee-Flint and Alabama-
Coosa-Tallaposa River Basins. The conferees understand that the 
States may be close to reaching an agreement on new allocation 
formulas that will reallocate storage at the Federal reservoirs 
located on these river basins. The conferees recognize that 
these projects were constructed pursuant to Acts of Congress 
which prescribed how the reservoirs shall operate. The 
conferees therefore request that the Corps report to the House 
and Senate Committees on Appropriations on how the Corps will 
account for hydropower benefits lost as a result of the new 
allocation formulas.
      The conference agreement includes $5,000,000 for the 
transfer of the Fox River project in Wisconsin to the State of 
Wisconsin. The conferees are aware that additional funds will 
be required to complete the transfer, and urge the Corps of 
Engineers to reprogram the necessary funds in fiscal year 2002. 
If the transfer cannot be completed in fiscal year 2002, it is 
the intent of the conferees to provide the additional funds in 
fiscal year 2003 for this effort.
      The conferees are aware of the lead-time required to 
repair and rehabilitate recreational facilities for the 
upcoming Lewis and Clark Bicentennial Commemoration. Therefore, 
the Corps of Engineers may, within available funds, perform 
maintenance and repair of these facilities as is considered 
necessary to accommodate the anticipated visitor population.
      The conference agreement includes language proposed by 
the House directing the Corps of Engineers to perform cultural 
resource mitigation and recreation improvements at Waco Lake, 
Texas. The language has been amended to delete the dollar 
amount; however, the conference agreement includes $1,500,000 
for this project as proposed by the House.
      The conferees have included language proposed by the 
House which directs the Corps of Engineers to grade the basin 
within the Hansen Dam feature of the Los Angeles County 
Drainage Area, California, project to enhance and maintain 
flood control and provide for future use of the basin for 
compatible purposes consistent with the Master Plan. The 
language has been amended to delete the dollar amount; however, 
the conference agreement includes $2,000,000 for this work as 
proposed by the House.
      The conference agreement includes language proposed by 
the House which directs the Corps of Engineers to investigate 
the development of an upland disposal site recycling program. 
The language has been amended so that the following projects 
are to be included in this program: Black Warrior and Tombigbee 
Rivers; Alabama-Coosa Rivers; and Mobile River. The language 
has been amended to delete the dollar amount; however, the 
conference agreement includes $1,000,000 for the work as 
proposed by the House.
      The conference agreement includes language proposed by 
the Senate which directs the Corps of Engineers to reimburse 
the State of Delaware for operation and maintenance costs 
incurred by the State for the SR1 Bridge over the Chesapeake 
and Delaware Canal.
      The conferees have included language proposed by the 
Senate directing the Corps of Engineers to remove and reinstall 
the docks and causeway at Astoria East Boat Basin in Oregon. 
The language has been amended to also direct the Corps of 
Engineers to continue the breakwater repairs at the project. 
The language has also been amended to delete the dollar amount; 
however, the conference agreement includes $3,000,000 for this 
work.
      The conferees have included language proposed by the 
Senate directing the Corps of Engineers to dredge a channel 
from the mouth of Wheeling Creek to Tunnel Green Park in 
Wheeling, West Virginia. The language has been amended to 
delete the dollar amount; however, the conference agreement 
includes $2,000,000 for this project as proposed by the Senate.
      The conference agreement includes language proposed by 
the Senate which provides for the development of a long-term 
dredged material management plan for the Apalachicola, 
Chattahoochee, and Flint Rivers project. The language has been 
amended to provide that $4,900,000 shall be available for the 
dredged material management plan and the $8,000,000 shall be 
available for operation and maintenance of the project. The 
conference agreement deletes language proposed by the House 
regarding the Raritan River Basin, Green Brook Sub-Basin, New 
Jersey, project. This language has been included under the 
Construction, General account.
      The conference agreement deletes language proposed by the 
Senate providing funds for a study of the best use of sand 
dredged from Morehead City Harbor, North Carolina, and 
providing funds for dredging of the Sagamore Creek Channel in 
New Hampshire. Funds for these projects have been provided in 
the amount appropriated for Operation and Maintenance, General.
      The conference agreement deletes language proposed by the 
Senate providing funds for activities related to selection of a 
permanent disposal site for environmentally sound dredged 
material from projects in the State of Rhode Island. Funds for 
this work are included in the amount provided for the 
Providence River and Harbor project.
      The conferees agree that centralized management of 
project funds is efficient and is allowed under current 
guidelines for certain activities. These activities include but 
are not limited to the program development system known as the 
Automated Budget System; the National Recreation Reservation 
System; the provision of uniforms for those required to wear 
them; the Volunteer Clearinghouse; the Water Safety Program; 
the transition from government-owned/contractor-operated to 
private ownership and operation of the SHOALS system; and the 
Sign Standards Program. The conferees direct the Corps of 
Engineers to disclose the costs of these activities in its 
budget justifications.

                 Flood Control and Coastal Emergencies

                              (Rescission)

      The conferees have agreed to rescind $25,000,000 of the 
$50,000,000 appropriated in Public Law 107-20 for Flood Control 
and Coastal Emergencies. Corps of Engineers requirements under 
this program have been less than anticipated.

                           Regulatory Program

      The conference agreement appropriates $127,000,000 for 
the Regulatory Program instead of $128,000,000 as proposed by 
the House and the Senate.

            Formerly Utilized Sites Remedial Action Program

      The conference agreement appropriates $140,000,000 for 
the Formerly Utilized Sites Remedial Action Program as proposed 
by the House and the Senate.

                             Revolving Fund

      The conferees have learned that the Corps of Engineers is 
considering a proposal to finance a major new software 
development from the assets of the Revolving Fund. This Fund 
was established in 1953 to acquire plant and equipment that 
would be utilized by more than one project. The conferees have 
noted that in recent years the Fund has been used to acquire 
and develop automation systems and have from time to time 
expressed concern with this use of the Fund. Before the 
conferees will concur in further use of the Fund in this 
manner, the Corps is directed to present appropriate 
justification to the House and Senate Appropriations 
Subcommittees on Energy and Water Development. This 
justification must include an appropriate and complete economic 
analysis.

                            General Expenses

      The conference agreement appropriates $153,000,000 for 
General Expenses as proposed by the House and the Senate. The 
conference agreement includes language proposed by the House 
which prohibits the use of funds to support a congressional 
affairs office within the executive office of the Chief of 
Engineers.

                           General Provisions

                       Corps of Engineers--Civil

      Section 101. The conference agreement includes language 
proposed by the House directing the Secretary of the Army to 
transfer property at Tuttle Creek Lake, Kansas, to the Blue 
Township Fire District, Blue Township, Kansas.
      Section 102. The conference agreement includes language 
proposed by the House which directs the Secretary of the Army 
to carry out shore protection projects in accordance with the 
cost sharing provisions contained in existing project 
cooperation agreements with an amendment to include the text of 
section 111 of the Senate bill which provides that the 
Secretary of the Army may not accept or solicit non-Federal 
contributions for shore protection projects in excess of the 
minimum requirements established by law.
      Section 103. The conference agreement includes language 
proposed by the Senate which places a limit on credits and 
reimbursements allowable per project and annually.
      Section 104. The conference agreement includes language 
proposed by the Senate which directs that none of the funds 
made available in fiscal year 2002 may used to carry out any 
activity related to closure or removal of the St. Georges 
Bridge across the Intracoastal Waterway, Delaware River to 
Chesapeake Bay.
      Section 105. The conference agreement includes language 
proposed by the Senate which provides that the non-Federal 
sponsor for the Lava Hot Springs Restoration project in Idaho 
shall receive credit for lands, easements, relocations, rights-
of-way, and disposal areas acquired before execution of the 
project cooperation agreement.
      Section 106. The conference agreement includes language 
proposed by the Senate amending the authorization for the 
Guadalupe River, California, project.
      Section 107. The conference agreement includes language 
proposed by the Senate regarding a designation of 
nonnavigability for portions of Gloucester County, New Jersey.
      Section 108. The conference agreement includes language 
proposed by the Senate making technical corrections to the 
authorization for the Nome Harbor, Alaska, project.
      Section 109. The conference agreement includes language 
proposed by the Senate which amends section 211 of the Water 
Resources Development Act of 2000. The language has been 
amended to make a technical correction.
      Section 110. The conference agreement includes language 
proposed by the Senate which extends the authorization for 
appropriations for the Missouri and Middle Mississippi Rivers 
Enhancement Project by one year.
      Section 111. The conference agreement amends language 
proposed by the Senate regarding the correction of a design 
deficiency for the Fort Fairfield, Maine, project.
      Section 112. The conference agreement includes language 
proposed by the Senate directing the Secretary of the Army to 
reassess the allocation of Federal and non-Federal costs for 
construction of the Cerrillos Dam project in Puerto Rico.
      Section 113. The conference agreement includes language 
proposed by the Senate amending the cost sharing provisions of 
section 704 of the Water Resources Development Act of 1986.
      Section 114. The conference agreement includes language 
amending the authorization for the Ramapo River at Oakland, New 
Jersey, project.
      Section 115. The conference agreement includes language 
proposed by the House regarding the use of the dredge 
McFARLAND. The provision has been amended by deleting the 
reference to placing the dredge in the active ready reserve. 
The conferees agree that this limitation on the use of the 
McFARLAND should not be considered a precedent for any other 
Corps of Engineers dredge, especially any dredge operating in 
the ports and harbors of the Northwest, where fewer commercial 
dredges are available and travel times to move dredges to that 
part of country are longer than on the east and gulf coasts. 
The conferees direct the General Accounting Office to conduct 
an economic and technical study to evaluate the benefits and 
impacts of the minimum dredge fleet. The study shall include an 
assessment on the capability and capacity of the private 
dredging industry to effectively respond to and accomplish the 
unique work the dredge McFARLAND has historically performed, 
with the viewpoints of all stakeholders included. The conferees 
expect the study to be completed within 180 days and the 
results transmitted to the authorization and appropriations 
committees.
      Section 116. The conference agreement includes language 
proposed by the Senate regarding revisions to the Missouri 
River Master Water Control Manual.
      Provisions not included in the conference agreement.--The 
conference agreement does not include language proposed by the 
House regarding the San Gabriel Basin Restoration Project in 
California. This matter has been addressed in Title II.
      The conference agreement does not include language 
proposed by the House regarding revisions to the Missouri River 
Master Water Control Manual.
      The conference agreement deletes language proposed by the 
Senate regarding funding for the Demonstration Erosion Control 
project in Mississippi, and the Perry Lake, Kansas, project. 
Funding for those projects is included in the amounts 
appropriated for Flood Control, Mississippi River and 
Tributaries, and Operation and Maintenance, General, 
respectively.
      The conference agreement deletes language proposed by the 
Senate regarding the Mad Creek flood control project, which has 
been funded within the amount provided for the section 205 
program under Construction, General.
      The conference agreement deletes language proposed by the 
Senate regarding dredging of the McClellan-Kerr Arkansas River 
Navigation Project. The conferees agree that the Corps of 
Engineers should undertake advance maintenance of the project 
when appropriate to facilitate the movement of commercial 
navigation traffic.
      The conference agreement deletes language proposed by the 
Senate regarding the Raritan River Basin, Green Brook Sub-
Basin, New Jersey, project. This matter has been addressed 
under Construction, General.


                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                Central Utah Project Completion Account

      The conference agreement appropriates $36,228,000 to 
carry out the provisions of the Central Utah Project Completion 
Act as proposed by the House and the Senate. The conferees are 
in agreement with the language in the Senate report regarding 
the Uinta Basin Replacement Project.

                         Bureau of Reclamation

      The summary tables at the end of this title set forth the 
conference agreement with respect to the individual 
appropriations, programs, and activities of the Bureau of 
Reclamation. Additional items of conference agreement are 
discussed below.

                      Water and Related Resources

      The conference agreement appropriates $762,531,000 for 
Water and Related Resources instead of $691,160,000 as proposed 
by the House and $732,496,000 as proposed by the Senate.
      The amount provided for the American River Division of 
the Central Valley Project includes $3,500,000 for the Bureau 
of Reclamation to reimburse the City of Folsom, California, for 
costs associated with the replacement of the Natoma Pipeline 
System, which is owned and operated by the Bureau of 
Reclamation and is the single water supply source for the City.
      The amount provided for the East Side Division of the 
Central Valley Project includes $1,000,000 for water and sewer 
system upgrades and a visitor capacity study at New Melones 
Lake.
      The amount provided for Miscellaneous Project Programs of 
the Central Valley Project includes an additional $1,000,000 
for the Banta-Carbona Irrigation District's fish screen 
project.
      The amount provided for the Sacramento River Division of 
the Central Valley Project includes $2,600,000 for the Glenn-
Colusa Irrigation District Fish Screen Improvement Project; 
$750,000 for detailed, site-specific environmental assessment 
and permitting work associated with Sites Reservoir, including 
an evaluation of both the GCID Main Canal and the Tehama-Colusa 
Canal as a means to convey water to the proposed reservoir; and 
$300,000 for the Colusa Basin Drainage District's Integrated 
Resources Management Plan.
      The conference agreement provides $2,500,000 for the Lake 
Tahoe Regional Wetlands Development program. In addition to the 
individual projects referenced in the House and Senate reports, 
the conferees agree that the funds may be used for projects 
throughout the Lake Tahoe basin in California and Nevada.
      The conferees have provided an additional $11,200,000 for 
the Middle Rio Grande, New Mexico, project for the Bureau of 
Reclamation to continue the efforts of the Middle Rio Grande 
Collaborative Program Workgroup and its support activities to 
water users and species along the Middle Rio Grande. These 
efforts are intended to promote long and short term activities, 
with priority given to fulfillment of biological opinion 
requirements, to benefit species and water users pursuant to a 
Memorandum of Understanding signed by the relevant agencies and 
interested parties. The additional funds provided are for the 
following activities: $4,300,000 for modifications to river 
habitat; $2,180,000 for silvery minnow population management; 
$1,100,000 for monitoring of stream effects on the silvery 
minnow; $120,000 to combat non-native species; $640,000 for the 
Bureau of Reclamation's repayment obligations; $950,000 for 
water quality studies and improvements; $1,900,000 for the 
Bureau of Reclamation's purchase of water; and for associated 
program management. The conferees direct the Bureau of 
Reclamation to consult with the U.S. Fish and Wildlife Service 
on the silvery minnow monitoring and habitat efforts. In 
addition, the Bureau of Reclamation is directed to collaborate 
with universities in geographical proximity to the silvery 
minnow and possessing established experience and expertise in 
working with the silvery minnow.
      The Colorado River Quantification Settlement Agreement is 
critically important to the long-term reliability of water 
supplies in Southern California and the entire Southwest. The 
conferees urge the Secretary of the Interior and parties to the 
Agreement to make every effort to bring about its timely and 
cost-effective implementation, including identifying the 
administrative and legislative actions necessary to meet the 
applicable deadlines.
      The conferees have provided $15,000,000 for the Klamath 
Project in Oregon. Of that amount, $5,000,000 is to continue 
construction of the A-Canal.
      The conference agreement includes $2,582,000 for the 
Drought Emergency Assistance program. Within that amount, 
$2,000,000 is for the Bureau of Reclamation to establish a 
Weather Damage Modification Program, including a regional 
weather modification research program involving the states of 
Oklahoma, Texas, Kansas, New Mexico, and Nevada. In addition, 
funds may be made available for leasing of water for specific 
drought related purposes from willing lessors in compliance 
with existing State laws and administered under State water 
priority allocation. Such leases may be entered into with an 
option to purchase provided that the purchase is approved by 
the State in which the purchase takes place and the purchase 
does not cause economic harm within the State in which the 
purchase is made.
      Within the amount provided for the Wetlands Development 
Program, $500,000 is for the Bureau of Reclamation to undertake 
a project to restore natural vegetation along the lower 
Colorado River in the vicinity of Yuma, Arizona.
      The conference agreement includes language which provides 
that $12,000,000 of the funds appropriated for Water and 
Related Resources shall be deposited in the San Gabriel Basin, 
California, Restoration Fund, of which $1,000,000 shall be for 
remediation in the Central Basin Municipal Water District.
      The conference agreement includes language proposed by 
the Senate providing $1,500,000 to complete a feasibility study 
for the Sante Fe-Pojoaque Regional Water System in New Mexico.
      The conference agreement deletes language proposed by the 
Senate making $4,000,000 available for the West River/Lyman 
Jones Rural Water System to provide rural, municipal, and 
industrial drinking water for Philip, South Dakota. Funds for 
this work have been provided within the amount available for 
the Mni Wiconi project.
      The conference agreement deletes language proposed by the 
Senate regarding financial assistance for the preparation of 
drought contingency plans.
      The conference agreement deletes language proposed by the 
Senate providing funds for the Hopi/Western Navajo Water 
Development Plan in Arizona, and the Savage Rapids Dam on the 
Rogue River in Oregon. Funds for these projects have been 
included within the amount appropriated for Water and Related 
Resources.

               Bureau of Reclamation Loan Program Account

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

                Central Valley Project Restoration Fund

      The conference agreement appropriates $55,039,000 for the 
Central Valley Project Restoration Fund as proposed by the 
House and the Senate.
      Within the amount appropriated for the Central Valley 
Project Restoration Fund, the conferees expect the Bureau of 
Reclamation to use $9,000,000 for the Anadromous Fish Screen 
Program, including work on the American Basin Fish Screen and 
Habitat Improvement Project (Natomas Municipal Water Company) 
as well as the fish screen projects being undertaken by the 
Sutter Mutual Water Company and Reclamation District 108.

               California Bay-Delta Ecosystem Restoration

      The conference agreement includes no funds for the 
California Bay-Delta Ecosystem Restoration program as proposed 
by the House and the Senate.
      The conferees have provided an additional $30,000,000 
within the various units of the Central Valley Project under 
the Water and Related Resources account for activities that 
support the goals of the California Bay-Delta Ecosystem 
Restoration Program, instead of $40,000,000 as proposed by the 
Senate. The conferees are aware that legislation to authorize 
this multi-year, multi-billion dollar program has been 
introduced in the House and the Senate, but has yet to be 
enacted. Absent such an authorization, it will be difficult for 
the Congress to continue its support for this program. 
Therefore, the conferees strongly urge the parties involved to 
work to enact an authorization for the program so additional 
funding can be considered in the fiscal year 2003 
appropriations cycle. The additional funds provided in support 
of the program are to be used as follows:
      Delta Division: $7,500,000 for oversight activities; 
$1,000,000 for planning activities associated with enlarging 
Los Vaqueros Reservoir; $200,000 for the DMC Intertie with the 
California Aqueduct; $150,000 to evaluate operations 
alternatives for the Delta Cross Channel Reoperation; and 
$3,000,000 to construct the Tracy Test Fish Facility.
      Friant Division: $2,500,000 to continue developing a plan 
of study for an investigation of storage in the Upper San 
Joaquin Watershed.
      Miscellaneous Project Programs: $12,500,000 for the 
Environmental Water Account; $200,000 for water use efficiency 
pilot studies; and $200,000 to conduct a NEPA analysis and 
operate the clearinghouse for the water transfer program.
      Sacramento River Division: $750,000 to continue planning 
activities related to Sites Reservoir.
      San Felipe Division: $100,000 to provide technical 
assistance to the Santa Clara Valley Water District in 
conducting operational appraisal studies.
      Shasta Division: $1,900,000 to continue evaluating the 
potential impacts of the proposed Shasta Dam raise.

                       Policy and Administration

      The conference agreement appropriates $52,968,000 for 
Policy and Administration as proposed by the House and the 
Senate.

                           General Provisions

                       Department of the Interior

      Section 201. The conference agreement includes language 
authorizing the Bureau of Reclamation to continue its program 
of providing grants to institutions of higher learning to 
support the training of Native Americans to manage natural 
resources.
      Section 202. The conference agreement includes language 
amending the authorization for the San Gabriel Basin 
Restoration project.
      Section 203. The conference agreement includes language 
proposed by the Senate regarding refunds of fees assessed for 
failure to file certain certification or reporting forms under 
the Reclamation Reform Act.
      Section 204. The conference agreement includes language 
proposed by the Senate regarding the Lower Colorado River Basin 
Development Fund.
      Section 205. The conference agreement includes language 
proposed by the House under Title V, General Provisions 
regarding the San Luis Unit and the Kesterson Reservoir in 
California. The Senate had proposed similar language under 
General Provisions, Department of the Interior.
      Section 206. The conference agreement includes language 
proposed by the Senate regarding the valve rehabilitation 
project at the Arrowrock Dam on the Arrowrock Division of the 
Boise project in Idaho.
      Section 207. The conference agreement includes language 
proposed by the Senate establishing requirements for the 
purchase or lease of water from the Middle Rio Grande or 
Carlsbad projects in New Mexico.
      Section 208. The conference agreement includes language 
proposed by the House regarding the issuance of permits for 
commercial rafting within the Auburn State Recreation Area, 
California.
      Section 209. The conference agreement amends House 
language regarding the makeup of water shortages caused by the 
operation of Folsom Dam and Reservoir in California for flood 
control.
      Provisions not included in the conference agreement.--The 
conference agreement does not include language proposed by the 
Senate regarding the use of funds provided for Drought 
Emergency Assistance.


                               TITLE III

                          DEPARTMENT OF ENERGY

      The summary tables at the end of this title set forth the 
conference agreement with respect to the individual 
appropriations, programs, and activities of the Department of 
Energy. Additional items of conference agreement are discussed 
below.

                           PROJECT MANAGEMENT

      The conferees strongly support efforts of the Office of 
Engineering and Construction Management (OECM) to improve the 
Department's construction and project management. The 
Department has announced plans to merge the Office of the Chief 
Financial Officer (the current location of OECM) with the 
Office of Management and Administration to form a new Office of 
Management, Budget and Evaluation. The Committees on 
Appropriations have been assured that this change will broaden 
the duties, scope, responsibilities, and authorities of OECM. 
The conferees understand that the Department intends to enable 
OECM to more effectively bring needed culture changes to its 
project management community.
      Congress supported creation of OECM as a final attempt to 
correct the Department's weaknesses in project management. The 
conferees expect OECM to be fully funded to support enhanced 
systems development and deployment, training, process 
improvements, and accountability. The conferees acknowledge 
that the expanded mission of this office encompasses project 
closure, facilities, and infrastructure management activities 
and urge the Secretary to give priority to retaining within the 
Department the technical skills needed for federal project and 
real property management. The conferees recommend that, at each 
site, the Secretary designate a management office to coordinate 
project and real property management improvements with this 
headquarters office.
      The conferees also expect the National Research Council 
to continue to monitor the Department's efforts in project 
management.

                     FACILITIES AND INFRASTRUCTURE

      The conferees have provided funding in several programs 
for facilities and infrastructure improvement projects to allow 
the Department to begin to correct its worst deferred 
maintenance deficiencies and eliminate excess facilities. The 
conferees make this initial investment in critical 
infrastructure so the Department can begin to institute life-
cycle asset management improvement processes throughout its 
complex and expect that at least 25 percent of the funds 
provided will be spent to eliminate excess facilities.
      The conferees direct each site (not slated for closure) 
to prepare a ten-year site plan prescribing space utilization 
activities that stabilize, then reduce its baseline for 
maintenance costs by: (1) consolidating operations where 
practicable; (2) eliminating excess buildings; (3) employing 
cost efficiencies; and (4) addressing mission-critical 
requirements through an appropriate mix of renovations and new 
construction.
      Beginning in fiscal year 2003, to ensure sustained 
improvement in project and real property management, the 
conferees direct the Department to present an integrated 
facilities and infrastructure budget request. This budget 
should identify program maintenance projects for buildings and 
facilities by site. To the extent that indirect funding 
supports maintenance, the budget should also report, by site, 
expenditures in the previous year and estimate the percentage 
to be applied in fiscal year 2003. The conferees expect the 
Department to retain up-to-date corporate-level management 
information on the condition of its buildings and facilities 
and annual expenditures on maintenance for its complex.
      For new construction projects requested in fiscal year 
2003, the conferees expect the budget to show the square 
footage of each new project, and request funding for 
elimination by transfer, sale, or demolition of excess 
buildings and facilities of equivalent size. This excess 
reduction to new construction formula does not apply to 
environmental management closure sites. The conferees expect 
the fiscal year 2003 budget to contain funds to eliminate 
excess facilities based on the greatest impact on long-term 
costs and risks. The Department should apply this requirement 
to each site. Only if deemed impracticable due to critical 
mission requirements, through a case-by-case waiver approved by 
the Secretary through the Chief Financial Officer, should the 
requirement be met through the reduction of excess facilities 
at another site. The Department will collect information from 
all sites on the square footage of excess property sold, 
transferred, or demolished each year and submit a report 45 
days after the President's budget is presented to Congress.
      The conferees expect the Chief Financial Officer to issue 
such directives as are necessary to ensure that: each site 
prepares a ten-year site plan; annual property reports reflect 
accurately the Department's entire real property inventory, 
including the current status of maintenance and disposition of 
excess property at each site; program budgets request funding 
for elimination of excess facilities by square footage 
proportional to new facilities requested; and project and real 
property offices in the field adhere to corporate guidelines 
for managing new projects, closeouts, and maintenance of all 
facilities.

                     DEPARTMENT OF ENERGY STAFFING

      The conferees share the concerns raised by the House that 
the new National Nuclear Security Administration (NNSA) 
structure may have had the unintended consequence of 
unnecessarily increasing the Department's overall personnel 
costs, particularly at the headquarters, from a Department-wide 
perspective. The conferees further agree that the Secretary of 
Energy should submit a report to the Appropriations and Armed 
Services Committees of Congress concerning staffing increases 
arising from the creation of NNSA, as the House intended, as 
well as the ``before and after'' staffing levels of each office 
and activity affected by the reorganization. However, the 
report should also address the broader administrative support 
staffing concerns below and potential staffing reductions to 
NNSA or other DOE offices if administrative support functions 
could be staffed more efficiently. The Secretary shall submit 
the report by January 31, 2002.
      With the new NNSA organization now in place, this affords 
a good opportunity for the Secretary of Energy and the Congress 
to take a fresh look at the management, effectiveness, and 
cost-effectiveness of the Department of Energy's administrative 
support functions at both the headquarters and field levels. 
Support functions includepersonnel, finance, contracting, 
facilities management, vehicle management, logistics, information 
management, public affairs, and congressional affairs.
      The conferees note that other organizations in the 
Department of Energy, such as the Inspector General and Naval 
Reactors, independently perform some of their own 
administrative support functions such as congressional affairs. 
The Inspector General of the Department of Energy has 
interpreted its charter under the Inspector Generals Act, 
particularly in regards to its perceived need to conduct its 
own congressional affairs, differently than any of the military 
services which, for example, use ``corporate'' congressional 
affairs offices to interface between the Congress and all sub-
elements of headquarters organizations including agency 
inspector generals.
      Fragmentation of administrative support functions may 
also dilute the ability of the Secretary of Energy to manage 
the Department to meet Departmental strategic goals such as 
improved financial and contract management. To the extent that 
the Department invests in unnecessary administrative support 
costs in a fixed or limited growth budget environment, 
resources are diverted from higher-priority mission areas.
      In submitting the plan on the staffing effects of the 
NNSA legislation and subsequent implementation, the conferees 
encourage the Secretary to focus on ensuring that the 
Department of Energy has the optimal administrative support 
structure to maximize mission effectiveness and minimize 
administrative support costs. As stated in the House report, 
the conferees encourage the Secretary to submit legislative 
proposals where appropriate to meet this objective.

                    ALTERNATIVE FINANCING APPROACHES

      The Secretary of Energy is directed to conduct a study of 
alternative financing approaches, to include third-party-type 
methods, for infrastructure and facility construction projects 
across the Department. This study is due to the House and 
Senate Committees on Appropriations by March 30, 2002.

                          EXTERNAL REGULATION

      The Department is directed to prepare an implementation 
plan for the transition to external regulation at the 
Department's non-defense science laboratories. For the purpose 
of preparing this plan, the Department should assume that the 
Nuclear Regulatory Commission (NRC) would take over regulatory 
responsibility for nuclear safety at the Department's non-
defense science laboratories, and the Occupational Safety and 
Health Administration (OSHA) would take over regulatory 
responsibility for worker safety at these laboratories. The 
conferees expect the Department to coordinate with NRC and 
OSHA, and to build upon the previous external regulation pilot 
programs, in developing this plan. For planning purposes, 
external regulation would apply to the five multiprogram and 
five single-purpose laboratories under the Office of Science, 
and the Department should assume external regulation to become 
effective beginning in fiscal year 2004. The implementation 
plan for external regulation is not to address nuclear weapons 
facilities, environmental remediation sites, or other 
Department laboratories, facilities, and sites. The 
implementation plan should address all details necessary to 
implement external regulation, including an estimate of the 
additional resources needed by the NRC and OSHA, corresponding 
reductions in funding and staffing at the Department, specific 
facilities or classes of facilities for which external 
regulation cannot be implemented in a timely manner, necessary 
changes to existing management and operating contracts, and 
changes in statutory language necessary to effect the 
transition to external regulation. This plan is due to the 
House and Senate Committees on Appropriations by May 31, 2002. 
Note that this provision only requires the Department to 
produce an implementation plan for external regulation for a 
limited set of DOE facilities; the actual transition to 
external regulation for those facilities will require 
additional legislative direction.

                             REPROGRAMMINGS

      The conference agreement does not provide the Department 
of Energy with any internal reprogramming flexibility in fiscal 
year 2002 unless specifically identified by the House, Senate, 
or conference agreement. Any reallocation of new or prior year 
budget authority or prior year deobligations must be submitted 
to the House and Senate Committees on Appropriations in 
advance, in writing, and may not be implemented prior to 
approval by the Committees.

              LABORATORY DIRECTED RESEARCH AND DEVELOPMENT

      The conference agreement does not include bill language 
proposed by either the House or the Senate regarding the 
Laboratory Directed Research and Development (LDRD) program. 
The conferees recognize the benefits of LDRD and expect LDRD 
activities to continue at previously authorized levels. 
However, when accepting funds from another federal agency that 
will be used for LDRD activities, the Department of Energy 
shall notify that agency in writing how much will be used for 
LDRD activities. In addition, the conferees direct the 
Secretary of Energy to include in the annual report to Congress 
on all LDRD activities an affirmation that all LDRD activities 
derived from funds of other agencies have been conducted in a 
manner that supports science and technology development that 
benefits the programs of the sponsoring agencies and is 
consistent with the Appropriations Acts that provided funds to 
those agencies.

              ADDITIONAL DEPARTMENT OF ENERGY REQUIREMENTS

      The conferees agree with the House report language and 
support the reporting requirements for basic research for 
energy technologies, independent centers, augmenting Federal 
staff, budget justification requirements, sale of land, and 
reprogramming guidelines.

    REDUCTIONS NECESSARY TO ACCOMMODATE SPECIFIC PROGRAM DIRECTIONS

      The Department is directed to provide a report to the 
House and Senate Committees on Appropriations by January 15, 
2002, on the actual application of any general reductions of 
funding or use of prior year balances contained in the 
conference agreement. In general, such reductions should not be 
applied disproportionately against any program, project, or 
activity. However, the conferees are aware there may be 
instances where proportional reductions would adversely impact 
critical programs and other allocations may be necessary.

                             Energy Supply

      The conference agreement provides $666,726,000 for Energy 
Supply instead of $639,317,000 as proposed by the House and 
$736,139,000 as proposed by the Senate. The conference 
agreement does not include bill language proposed by the Senate 
earmarking funds for certain purposes.

                       Renewable Energy Resources

      The conference agreement provides $396,000,000 instead of 
$376,817,000 as proposed by the House and $435,600,000 as 
proposed by the Senate for renewable energy resources. The 
conference agreement does not include language specifying 
funding allocations as contained in the separate House and 
Senate reports.
      Biomass/biofuels.--The conference agreement includes 
$93,000,000 for biomass/biofuels. The conferees have combined 
the subprograms for power systems and transportation into a 
single program for biomass/biofuels and no longer provide 
separate allocations for power systems and transportation.
      The conference agreement includes $2,500,000 to support a 
cost-shared Agricultural Waste Methane Power Generation 
Facility in California; $2,000,000 to support a cost-shared 
agricultural mixed waste biorefinery in Alabama using the 
thermal depolymerization technology; $1,500,000 to support the 
Black Belt Bioenergy Demonstration Project in Alabama; 
$1,000,000 for microcombustion research at Oak Ridge National 
Laboratory in collaboration with the technology's inventor; 
$2,000,000 for the Biorenewable Resource Consortium; $3,000,000 
for the Iroquois Bio-Energy Cooperative project in Indiana; 
$3,000,000 for the Gridley Rice Straw project in California; 
and $1,000,000 for the switchgrass project of the Great Plains 
Institute for Sustainable Development in Minnesota.
      The conference agreement includes $4,000,000 for the Iowa 
switchgrass project; $1,000,000 for the Consortium for Plant 
Biotechnology Research; $3,000,000 for the McNeil biomass plant 
in Burlington, Vermont, and $750,000 for the methane energy and 
agriculture development project in Tillamook Bay, Oregon. The 
conference agreement includes $1,000,000 for the continuation 
and expansion of the ongoing demonstration of the oxygenated 
diesel fuel particulate matter emission reduction project in 
Clark County, Nevada, the cities of Riverside, Compton, 
Linwood, and Pasadena, California, and Ventura County, 
California; $2,000,000 for the Michigan Biotechnology 
Initiative; $3,000,000 for the Prime LLC of South Dakota 
integrated ethanol complex, including an ethanol unit, waste 
treatment system, and enclosed cattle feed lot; $300,000 for 
the Biomass Energy Resource Center project in Vermont; 
$2,000,000 to continue the Sealaska ethanol project (subject to 
a non-Federal match) at the fiscal year 2001 level; $3,000,000 
for the Biomass Gasification Research Center in Birmingham, 
Alabama; and $3,000,000 for the Winona, Mississippi, biomass 
project, where the current investment in the plant shall count 
as the required demonstration project cost share. The conferees 
direct the Department to continue funding for the Energy and 
Environment Research Center at last year's level. The conferees 
encourage the Department to continue the integrated approach to 
bioenergy activities and recommend the use of up to $18,000,000 
within available funds for the Integrated Biomass Research and 
Development Program. The conferees urge the Department to form 
strong public-private-university partnerships in this program.
      Geothermal.--The conference agreement includes 
$29,000,000 for geothermal activities. The conference agreement 
includes sufficient funding to maintain university research on 
geothermal technologies at the fiscal year 2001 funding level 
of $2,600,000. The conference agreement also includes 
$2,000,000 in final funding for the Lake County Basin 
geothermal project in Lake County, California; $2,000,000 for 
the Santa Rosa geysers project in California; $2,500,000 for 
Geopowering the West; and $1,000,000 for the UNR Geothermal 
Energy Center demonstration project.
      Hydrogen.--The conference agreement includes $31,000,000 
for hydrogen activities. The conference agreement includes 
$1,000,000 for the Fuel Cell Technology Assessment and 
Demonstration at the University of Alabama at Birmingham; 
$350,000 for the Big Sky Economic Development Authority 
demonstration fuel cell technologies; $500,000 for the 
gasification of Iowa switchgrass and its use in fuel cells; 
$1,500,000 for the ITM Syngas project; $1,500,000 for the fuel 
cell installation project at Gallatin County, Montana; and 
$1,000,000 for continued demonstration of the hydrogen 
locomotive and front-end loader projects.
      Hydropower.--The conference agreement includes $5,300,000 
for hydropower. The conference agreement includes $400,000 to 
plan a hydroelectric power generation facility at Gustavus, 
Alaska, subject to a local match for construction; and 
$1,900,000 for the completion of the Power Creek hydroelectric 
project in Alaska. No additional funds will be made available 
for this project.
      Solar Energy.--The conference agreement includes 
$95,000,000 for solar energy programs. The conferees have 
combined the concentrating solar power, photovoltaic energy 
systems, and solar building technology subprograms into a 
single program for solar energy. The conferees urge the 
Department to fund these subprograms in roughly the same 
proportions as they were funded in fiscal year 2001.
      The conference agreement includes $8,700,000 for basic 
research/university programs on photovoltaics; $18,500,000 to 
continue the thin film partnership program; $3,000,000 for 
continuation of the Million Solar Roofs program; $2,000,000 for 
the Southeast and Southwest photovoltaic experiment stations; 
and $3,000,000 for the Navajo electrification project. The 
Department is directed to continue with deployment of the 1.0 
MW dish engine and to continue activities associated with the 
25kW dish system. Additionally, the conferees direct the 
Department to develop and scope out an initiative to fulfill 
the goal of having 1,000 MW of new parabolic trough, power 
tower, and dish engine solar capacity supplying the 
southwestern United States by the year 2006. A report on this 
initiative is due to the House and Senate Committees on 
Appropriations by March 1, 2002.
      The conference agreement includes $4,000,000 for 
technical analysis, technical assistance, and the harmonization 
of multi-program activities that address the resource 
opportunities and electric power needs of the southwestern 
United States. The expertise of the National Renewable Energy 
Laboratory (NREL) is to be made available through a site office 
in Nevada. NREL will provide expertise through a virtual 
laboratory concept, serving as a portal for electronic 
communications, information sharing, data warehousing, and 
partnerships among universities, researchers, technology 
developers, and those interested in deployment.
      Wind.--The conference agreement includes $41,000,000 for 
wind programs. The conferees have provided $500,000 for the 
remote location pilot project at the Toledo Harbor Lighthouse; 
$1,000,000 for the Washington Electric Cooperative wind energy 
generating facility in Vermont; $500,000 for the Turtle 
Mountain Community College project in North Dakota; $1,000,000 
for the Kotzebue project in Alaska; $250,000 for a wind 
generation facility to serve St. Paul and Unalaska, Alaska; and 
$500,000 for the small wind program being developed by the 
Vermont Department of Public Service. The Wind Powering America 
initiative is to be continued at last year's funding level.
      Electric energy systems and storage.--The conference 
agreement includes $63,000,000 for electric energy systems and 
storage. The conferees have combined the subprograms for high 
temperature superconducting research and development, energy 
storage systems, and transmission reliability into a single 
program for electric energy systems and storage.
      The conference agreement includes $4,000,000 to initiate 
field testing of aluminum ceramic fiber composite conductors; 
$1,000,000 for the fuel cell powered home using the Smart 
Energy Management Control System in Alabama; $2,000,000 for the 
UADispatch Outage Management System in Alabama; $3,000,000 for 
distributed generation demonstration projects in Indiana, 
focusing on the problems of interconnection, grid impact, and 
remote dispatch; $1,000,000 to initiate development of a 
bipolar nickel metal hydride battery storage system; $2,000,000 
for Glenallen power generation upgrades, including extension of 
electricity to residents of Lake Louise; $2,000,000 for the 
Kachemak Bay Power System to extend and upgrade marine power 
cabling to provide power to the villages of Seldovia, Nanwalek, 
and Port Graham, Alaska; $3,000,000 for the Swan Lake-Lake Tyee 
electrical intertie pursuant to the Southeast Alaska intertie 
authorization enacted into law last year; and $3,000,000 to 
complete the Prince of Wales Island electrical intertie. The 
conferees note that $20,000,000 has been provided in State and 
local funds and this Federal amount represents the final 
installment needed to complete the project. The conference 
agreement also includes $3,000,000, within available funds, for 
NREL for research, development, and demonstration of advanced 
thermal energy storage technology integrated with renewable 
thermal energy technology. The conferees provide $500,000 to 
support the joint effort between New Mexico Tech and the 
Natural Energy Laboratory of Hawaii to integrate, demonstrate, 
and deploy distributed energy systems.
      The conference agreement also includes the budget request 
for the proposed work between industrial consortia and national 
laboratories to develop high-performance, low-cost, second-
generation, high temperature super-conducting wire.
      Renewable Support and Implementation.--The conference 
agreement includes $14,500,000 for renewable support and 
implementation programs.
      The conference agreement provides $1,500,000 for 
departmental energy management.
      The conference agreement includes $3,000,000 for the 
international renewable energy program. Of this amount, 
$1,000,000 is to be provided to International Utility 
Efficiency Partnerships, Inc., for continuation of joint 
implementation project development. The conferees expect the 
Department to work with the Department of Commerce, the U.S. 
Agency for International Development, and other relevant 
agencies, to complete, and begin implementation of, a five-year 
strategic plan to open and expand export markets for U.S. clean 
energy technologies. The conferees urge the Administration to 
include adequate funding for this initiative in its Fiscal Year 
2003 budget submission.
      The conference agreement includes $4,000,000 for the 
renewable energy production incentive program.
      The conference agreement includes $3,000,000 for 
renewable Indian energy resources. The conferees expect these 
funds to be administered as competitively awarded grants to 
federally-recognized tribes throughout the United States.
      The conference agreement includes $3,000,000 for 
renewable program support, of which $1,500,000 is to support 
the National Alliance for Clean Energy Incubators.
      National Renewable Energy Laboratory.--The conference 
agreement includes $5,000,000 for the National Renewable Energy 
Laboratory (NREL), the same as the budget request.
      Program direction.--The conference agreement includes 
$19,200,000 for program direction, the same as the budget 
request.

                             Nuclear Energy

      The conference agreement provides $250,456,000 for 
nuclear energy activities instead of $224,130,000 as proposed 
by the House and $264,069,000 as proposed by the Senate. The 
conference agreement does not include language specifying 
funding allocations as contained in the separate House and 
Senate reports. Within the funds available, the conferees 
include $400,000 for the Secretary to contract with the 
nation's sole remaining uranium converter for the purpose of 
performing research and development to improve the 
environmental and economic performance of U.S. uranium 
conversion operations.
      Advanced radioisotope power systems.--The conference 
agreement includes $29,000,000 to maintain the infrastructure 
necessary to support future national security needs and 
National Aeronautics and Space Administration missions.
      Isotope support.--The conference agreement includes a 
total program level of $26,177,000 for the isotope program. 
This amount is reduced by offsetting collections of $9,000,000 
to be received in fiscal year 2002, resulting in a net 
appropriation of $17,177,000. The conference agreement includes 
$2,494,000 for the Isotope Production Facility at the Los 
Alamos National Laboratory.
      The conferees encourage the Department to continue to 
explore the concept of extracting medically valuable isotopes 
from the excess uranium 233 stored in Building 3019 at the Oak 
Ridge National Laboratory, Tennessee. Within available funds, 
the Department is urged to proceed with a Request for Proposals 
(RFP) for this project after submission to the House and Senate 
Committees on Appropriations of a budget-quality project plan 
which presents all costs, including the estimated life-cycle 
costs for storage and disposal of the excess uranium 233, and 
is crafted in a manner that would not increase the total costs 
for decontamination and decommissioning of Building 3019. The 
Department is reminded to consider the end use of the U233-
derived material for clinical trials when preparing the RFP and 
evaluating proposals for this project, and may require the 
contractor to be capable of meeting the Good Manufacturing 
Practice requirements of the Food and Drug Administration with 
respect to the production of actinium 225.
      University reactor fuel assistance and support.--The 
conference agreement includes $17,500,000, $5,526,000 more than 
the budget request. The conferees direct the Department to use 
the additional resources to begin implementing the 
recommendations contained in the April 2001 Final Report of the 
University Research Reactor Task Force of the Nuclear Energy 
Research Advisory Committee (NERAC), specifically, to establish 
geographically distributed regional university research reactor 
user facilities and geographically distributed training and 
education reactor facilities. The Department is expected to use 
a peer-reviewed process in selecting which facilities will 
receive Department support, and to involve fully the nuclear 
engineering and nuclear medicine communities in this process. 
The Department is directed to report to the House and Senate 
Committees on Appropriations by May 31, 2002, on its plan to 
implement the NERAC Task Force recommendations. The program 
should also include substantial financial support from the 
nuclear industry.
      Research and development.--The conference agreement 
provides $51,000,000 for nuclear energy research and 
development activities.
      The conference agreement includes $7,000,000, $2,500,000 
more than the budget request, for nuclear energy plant 
optimization. The conferees direct the Department to ensure 
that projects are funded jointly with non-Federal partners and 
that the total non-Federal contributions are equal to or in 
excess of total Department contributions to projects funded in 
this program.
      The conferees have provided $32,000,000 for the Nuclear 
Energy Research Initiative (NERI).
      The conference agreement includes a total of $12,000,000 
for nuclear energy technologies, an increase of $7,500,000 over 
the budget request. The conference agreement includes 
$4,000,000 for completion of the Generation IV Technology 
Roadmap; and $3,000,000 for advanced reactor development 
consistent with the longer term recommendations of the 
Generation IV Technology Roadmap and to continue research begun 
in the current fiscal year on small, modular nuclear reactors. 
The conferees encourage the Department to implement the 
recommendations of the Nuclear Energy Research Advisory 
Committee's Near-Term Deployment Group to support industry 
applications to the Nuclear Regulatory Commission (NRC) for 
Early Site Permits, Combined Operating Licenses, and Design 
Certifications. The conference agreement provides $3,000,000 to 
share with industry the cost of these new NRC licensing 
processes. The conference agreement also provides $2,000,000 
for fuel testing, code verification and validation, and 
materials testing at national laboratories in support of 
license applications for new reactor designs.
      Infrastructure.--The conference agreement provides a 
total of $82,529,000. The conference agreement provides 
$35,357,000 for ANL-West Operations, which includes $2,000,000 
for the advanced test reactor research and development upgrade 
initiative. The conference agreement also provides $8,733,000 
for Test Reactor Area landlord activities. Funds provided by 
the Senate to initiate conceptual design for a remote-handled 
transuranic waste facility at ANL-West have been transferred to 
the environmental management program.
      The conference agreement provides the budget request of 
$38,439,000 for the Fast Flux Test Facility (FFTF). No funds 
may be obligated for any purpose other than deactivation at 
FFTF until 90 days after receipt of the Secretary's 
recommendations for alternative actions at FFTF and the 
approval of those recommended alternative actions by the House 
and Senate Committee on Appropriations.
      Nuclear facilities management.--The conference agreement 
provides $30,250,000 as proposed by the House. This amount 
includes $4,200,000 for the EBR-IIshutdown, $16,200,000 for the 
disposition of spent nuclear fuel and legacy materials, and $9,850,000 
for disposition technology activities.
      Program direction.--The conference agreement includes 
$23,000,000 for program direction, a reduction of $2,062,000 
from the budget request.

                     Environment, Safety and Health

      The conference agreement includes $30,500,000 for non-
defense environment, safety and health activities, which 
includes $19,527,000 for program direction. When combined with 
$117,688,000 provided for defense environment, safety and 
health activities, the conference agreement makes a total of 
$148,188,000 available for environment, safety and health 
activities, a reduction of $1,912,000 from the total budget 
request for these activities. This funding reduction does not 
reflect any reduction in the Department's environment, safety, 
and health responsibilities, nor in the conferees' expectation 
that the Department will fulfill those responsibilities in a 
thorough and professional manner. However, the conferees do 
expect the Department to take steps to reduce its current 
headquarters staffing levels and reduce its reliance on support 
contractors to execute its responsibilities. The conference 
agreement includes $600,000 to be transferred to the 
Occupational Safety and Health Administration for worker health 
and safety at those sites transferred to non-Federal entities 
and for the Department's non-nuclear facilities not covered 
under the Atomic Energy Act.

                Technical Information Management Program

      The conference agreement provides $7,770,000, including 
$1,400,000 for the Technical Information Management program and 
$6,370,000 for program direction.

                          Funding Adjustments

      The conference agreement includes a general reduction of 
$18,000,000.

                  Non-Defense Environmental Management

      The conference agreement provides $236,372,000 for Non-
Defense Environmental Management instead of $227,872,000 as 
proposed by the House and $228,553,000 as proposed by the 
Senate.
      The conference agreement includes $43,000,000 for site 
closure and $64,119,000 for site/project completion activities, 
the same as the budget request. The conferees encourage the 
Department to accelerate cleanup along the Columbia River in 
Hanford's 300 Area.
      Post 2006 completion.--The conference agreement includes 
$125,753,000 for Post 2006 completion activities, an increase 
of $5,700,000 over the budget request. Additional funding of 
$3,700,000 is provided to maintain the cleanup activities at 
the Energy Technology Engineering Center in California. The 
conference agreement includes $2,000,000 for stabilization 
activities at the Atlas uranium mill tailings site in Utah as 
proposed by the House.
      West Valley.--The conference agreement provides a total 
of $90,000,000 for the West Valley Demonstration Site in New 
York. However, the conferees remain concerned about the lack of 
agreement between the Department and the State of New York 
regarding the scope of Federal cleanup activities at the site 
and the respective Federal and State cost shares for those 
activities. While the recent resumption of negotiations is 
encouraging, the lack of agreement remains, as the General 
Accounting Office noted, the most significant impediment to 
completing cleanup of this site.
      The conference agreement provides $90,000,000 for cleanup 
activities at the West Valley Demonstration Project in fiscal 
year 2002. Funding in subsequent fiscal years shall be reduced 
to the minimum necessary to maintain the project in a safe and 
stable condition, unless, not later than September 30, 2002, 
the Secretary: provides written notification to the House and 
Senate Committees on Appropriations that an agreement has been 
reached with the State of New York defining the final scope of 
Federal cleanup activities at the West Valley site and the 
respective Federal and State cost shares for those cleanup 
activities; submits that proposed agreement to the House and 
Senate Committees on Appropriations; and provides a written 
certification that the Federal activities proposed in that 
agreement will be in full compliance with all relevant Federal 
statutes, including the West Valley Demonstration Project Act 
of 1980 and the Nuclear Waste Policy Act of 1982, as amended, 
and are in the best interest of the Federal government. The 
Committees do not require the Secretary to submit a fully 
executed final agreement, but rather a draft agreement 
sufficiently complete to demonstrate that all principal issues 
in dispute have been resolved.
      Excess facilities.--The conference agreement provides 
$3,500,000, an increase of $2,119,000 over the budget request, 
for excess facilities to begin actual decontamination and 
decommissioning of excess facilities owned by the environmental 
management program.

             Uranium Facilities Maintenance and Remediation

      The conference agreement provides $418,425,000 for 
uranium activities instead of $393,425,000 as proposed by the 
House and $408,725,000 as proposed by the Senate.
      Uranium Enrichment Decontamination and Decommissioning 
Fund.--The conference agreement includes $299,641,000 for the 
uranium enrichment decontamination and decommissioning (D&D;) 
fund. Additional funding of $27,000,000 is provided for 
continued cleanup at Paducah, Kentucky, and $30,000,000 is 
provided for continued cleanup at the East Tennessee Technology 
Park in Oak Ridge, Tennessee.
      The conference agreement does not include funding 
recommended in this account by the Senate for uranium 
conversion activities. This issue is addressed in the Energy 
Supply appropriation account.
      Other Uranium Activities.--The conference agreement 
provides $123,784,000 for other uranium activities. The 
conferees have included the budget request of $110,784,000 for 
operating expenses associated with the maintenance of 
facilities and inventories and pre-existing liabilities and 
consolidated the funding for these activities into one program.
      The conference agreement provides the budget request of 
$10,000,000 for Project 02-U-101, Depleted Uranium Hexafluoride 
Conversion Project, in Paducah, Kentucky, and Portsmouth, Ohio, 
and transfers this project from the uranium enrichment D&D; 
program to other uranium activities.
      The conference agreement also provides $3,000,000 as 
proposed by the Senate to continue Project 96-U-201, DUF6 
Cylinder Storage Yard, at Paducah, Kentucky.
      Funding adjustment.--The conference agreement includes 
the use of $5,000,000 of prior year unobligated and uncosted 
balances.

                                Science

      The conference agreement provides $3,233,100,000 instead 
of $3,166,395,000 as proposed by the House and $3,268,816,000 
as proposed by the Senate. The conference agreement does not 
include language specifying funding allocations as contained in 
the separate House and Senate reports. The conference agreement 
does not include bill language proposed by the Senate 
earmarking funds for specific purposes.
      High energy physics.--The conference agreement provides 
$716,100,000 for high energy physics, the same as the budget 
request. The conferees encourage strong support for university 
research and for research on low temperature superconductors to 
support high energy physics requirements. General Purpose 
Equipment and General Plant Projects should be funded for 
Office of Science laboratories at fiscal year 2001 levels. 
Funds provided by the Senate for a demonstration of the mass of 
the neutrino at the Waste Isolation Pilot Plant have been 
transferred to the environmental management program.
      Nuclear physics.--The conference agreement provides 
$360,510,000 for nuclear physics, the same as the budget 
request. The conferees urge the Department to use these funds 
to enhance operation of the Relativistic Heavy Ion Collider 
(RHIC) at the Brookhaven National Laboratory and the Thomas 
Jefferson National Accelerator Facility in Virginia.
      Biological and environmental research.--The conference 
agreement includes $527,405,000 for biological and 
environmental research. The conferees have included $11,405,000 
to complete the construction of the Laboratory for Comparative 
Functional Genomics at the Oak Ridge National Laboratory. The 
conference amount includes a total of $18,000,000 for the low 
dose effects program; $3,500,000 in additional funding for 
computer upgrades and capital equipment costs at the 
Environmental Molecular Science Laboratory; and includes 
funding to continue the free air carbon dioxide experiments at 
the fiscal year 2001 level.
      The conference agreement includes $2,600,000 for the 
positron emission tomography center at the University of South 
Alabama; $4,000,000 for the Gulf Coast Cancer Center and 
Research Institute; $2,000,000 for the University of Alabama at 
Birmingham center for nuclear magnetic resonance imaging; 
$1,000,000 for University of South Alabama research, in 
cooperation with industry and the Cooperative Research Network 
of the National Rural Electric Cooperative Association, on a 
fuel cell powered home using the Smart Energy Management 
Control System; $1,650,000 for the new library and regional 
resource learning center at Spring Hill College; $100,000 for 
the South Alabama Medical Education Outreach Program; 
$2,250,000 for the University of Florida Genetics Institute; 
$2,700,000 for a new linear accelerator for the Baystate 
Medical Center; $1,200,000 for the Cancer Institute of New 
Jersey; $1,000,000 for the Institute for Molecular and 
Biomedical Science at the University of Arizona; $1,000,000 for 
the Stanley Scott Cancer Center at Louisiana State University; 
$1,000,000 for the Infotonics Center of Excellence in 
Rochester, New York; $500,000 for the Joint Collaboration on 
Advanced Nanotechnology and Sensors with the University of New 
Orleans, Louisiana State University, and Louisiana Tech; 
$500,000 for the Breast Cancer Program at the North Shore--Long 
Island Jewish Health System; $500,000 for a functional magnetic 
resonance imaging machine at the University of Texas at Dallas 
and the University of Texas Southwestern Medical Center's 
Center for Brain, Cognition, and Behavior; $500,000 for the 
Integrated Environmental Research and Services program at 
Alabama A&M; University; and $500,000 for the energy efficiency 
initiative at the Carolinas Health Care System.
      The conference agreement includes $3,000,000 for the 
Multidisciplinary Research Facility at the College of 
Engineering, University of Notre Dame; $500,000 for a linear 
accelerator for the Burbank Regional Cancer Center in 
Fitchburg, Massachusetts; $500,000 for Hampshire College's 
National Center for Science Education; $1,000,000 for the 
Audubon Biomedical Science and Technology Park at Columbia 
University; $1,000,000 for the McFadden Science Center at Texas 
Wesleyan University; $1,000,000 for the emergency power supply 
system at Cedars-Sinai Medical Center; $1,000,000 for the Rush-
Presbyterian-St.Luke's Medical Center; $1,000,000 for a 
nanoscience facility at Purdue University; $1,000,000 for the 
Julie and Ben Rogers Cancer Institute; $1,000,000 for the 
School of Public Health at the University of South Carolina; 
$1,000,000 for the continued development of the Life Sciences 
Building at Brown University; $1,000,000 for environmental 
modeling at the University of North Carolina at Chapel Hill; 
$1,000,000 to support renovation of the Science, Technology, 
and Engineering ResearchComplex at Jackson State University; 
and $1,000,000 for the PowerGrid simulator at Drexel University and the 
New Jersey Institute of Technology.
      The conference agreement includes $7,000,000 for the 
positron emission tomography facility at West Virginia 
University; $2,000,000 for a linear accelerator for the 
University Medical Center of Southern Nevada; $250,000 for the 
research foundation of the University of Nevada-Las Vegas; 
$200,000 for the University of Nevada-Las Vegas to continue 
study of the biological effects of exposure to low-level 
radioactivity; $500,000 for a biomolecular nuclear magnetic 
resonance instrument at the Medical University of South 
Carolina; $1,000,000 for the Oncology Center of the Medical 
University of South Carolina; $3,000,000 for the National 
Center of Excellence in Photonics and Microsystems in New York; 
$500,000 for the Institute of Comparative Genomics at the 
American Museum of Natural History; $750,000 for the Inland 
Northwest Natural Resources Research Center at Gonzaga 
University; $500,000 for the Hall of Paleontology at the Field 
Museum; $500,000 for the Center for Catalysis at Iowa State 
University; $1,000,000 for the Human Genome Project at the 
University of Southern California; $500,000 for biomedical 
research at Creighton University; $500,000 for the Child Health 
Institute of New Brunswick, New Jersey; $500,000 for the Oregon 
Renewable Energy Center; $1,000,000 for superconductor research 
at Boston College; $500,000 for the Natural Energy Laboratory 
in Hawaii; and $800,000 for the Rochester Institute of 
Technology microelectronics technology program.
      The conference agreement includes $11,000,000 for 
operations and capital investment at the Mental Illness and 
Neuroscience Discovery Institute; and $2,000,000 for the 
University of Missouri-Columbia to expand the federal 
investment in the university's nuclear medicine and cancer 
research capital program.
      Basic energy sciences.--The conference agreement includes 
$1,003,705,000 for basic energy sciences. The conference 
agreement includes the full amount of the budget request for 
the Spallation Neutron Source and the SPEAR 3 upgrade at the 
Stanford Synchrotron Radiation Laboratory. The conferees have 
included $3,000,000 to initiate project engineering and design 
(PED) for three user facilities for nanoscale science research 
(Project 02-SC-002), and the budget request of $7,685,000 for 
the Experimental Program to Stimulate Competitive Research 
(EPSCoR). For purposes of reprogramming in fiscal year 2002, 
the Department may reallocate funding among all operating 
accounts within Basic Energy Sciences.
      Advanced scientific computing research.--The conference 
agreement includes $158,050,000 for advanced scientific 
computing research (ASCR). The conferees support the use of 
available funds for the Scientific Discovery Through Advanced 
Computing (SciDAC) program and for terascale operating systems 
development. The conferees urge the Department to maximize the 
involvement of universities in the ASCR program, so that both 
the Department and the academic community can share in the 
latest technology developments in this field.
      Energy research analyses.--The conference agreement 
includes $1,000,000 for energy research analyses, the same 
amount provided by the House and the Senate.
      Multiprogram energy labs--facility support.--The 
conference agreement includes $30,175,000 for multi-program 
energy labs-facility support, the same as the budget request.
      Fusion energy sciences.--The conference agreement 
includes $248,495,000, as proposed by both the House and 
Senate, for fusion energy sciences.
      Facilities and infrastructure.--The conference agreement 
includes $10,000,000 for a new Facilities and Infrastructure 
program, as proposed by the House, to address infrastructure 
needs at the Department's science laboratories.
      Safeguards and security.--The conference agreement 
includes $55,412,000 for safeguards and security activities at 
laboratories and facilities managed by the Office of Science.
      Program Direction.--The conference agreement includes 
$139,960,000 for program direction. This amount includes 
$63,000,000 for field offices, $72,500,000 for headquarters, 
and $4,460,000 for science education. The control level for 
fiscal year 2002 is at the program account level of program 
direction.
      Funding adjustments.--A general reduction of $12,800,000 
has been applied to this account, as well as the security 
charge for reimbursable work of $4,912,000 included in the 
budget request.

                         Nuclear Waste Disposal

      The conference agreement provides $95,000,000 for Nuclear 
Waste Disposal, instead of $133,000,000 as proposed by the 
House and $25,000,000 as proposed by the Senate. When combined 
with the $280,000,000 appropriated from the Defense Nuclear 
Waste Disposal account, a total of $375,000,000 will be 
available for program activities in fiscal year 2002. The 
conference agreement includes not to exceed $2,500,000 for the 
State of Nevada and $6,000,000 for affected units of local 
government.
      The conferees direct the Department to focus all 
available resources on completing a quality Site Recommendation 
report, and the accompanying final Environmental Impact 
Statement (EIS), in a timely manner. The final Site 
Recommendation and final EIS were due in July 2001, and the 
conferees expect that these will be delivered to Congress no 
later than February 28, 2002. The conferees acknowledge that 
certain scientific and engineering work is directly related to 
the Site Recommendation and to resolving the technical concerns 
of the NRC and the Nuclear Waste Technical Review Board, and 
that such work should not automatically terminate upon 
submission of the Site Recommendation. However, if the Site 
Recommendation is negative, the conferees expect the Department 
to terminate promptly all such activities and take the steps 
necessary to remediate the site.

                      DEPARTMENTAL ADMINISTRATION

                     (Including Transfer of Funds)

      The conference agreement provides $210,853,000 for 
Departmental Administration expenses instead of $209,611,000 as 
proposed by the House and $208,948,000 as proposed by the 
Senate. Funding adjustments include a transfer of $22,000,000 
from Other Defense Activities and the use of $10,000,000 of 
prior year balances. Revenues of $137,810,000 are estimated to 
be received in fiscal year 2002, resulting in a net 
appropriation of $73,043,000.
      The conference agreement does not include language 
proposed by the House allowing the Department to transfer funds 
previously appropriated for Year 2000 (Y2K) activities to this 
account. The Y2K funds expired on September 30, 2001.
      Specific funding levels for each Departmental 
organization are provided in the accompanying table.
      Office of Management, Budget and Evaluation.--The 
conference agreement provides $107,000,000 for the Office of 
Management, Budget and Evaluation. This is a new organization 
created by merging the Office of Management and Administration 
with the Office of the Chief Financial Officer (including the 
Office of Engineering and Construction Management). This 
reorganization is expected to improve program and project 
management by bringing together acquisitions, performance 
appraisals, and funding decisions.
      The conferees expect the Department to increase the 
current staffing levels and fully fund the program activities 
of the Office of Engineering and Construction Management.
      Corporate Management Information Program.--The conferees 
have provided a total of $15,000,000 for the Department's 
Corporate Management Information Program in two accounts: 
$5,000,000 in Departmental Administration and $10,000,000 in 
Other Defense Activities. The Department had requested a total 
of $20,000,000 in the Other Defense Activities account.
      Reprogramming guidelines.--The conference agreement 
provides reprogramming authority of $1,000,000 or 10 percent, 
whichever is less, within the Departmental Administration 
account without submission of a reprogramming to be approved by 
the House and Senate Committees on Appropriations. No 
individual program account may be increased or decreased by 
more than this amount during the fiscal year using this 
reprogramming authority. Congressional notification within 30 
days of the use of this reprogramming authority is required. 
Transfers which would result in increases or decreases in 
excess of $1,000,000 or 10 percent to an individual program 
account require prior notification and approval.

                    Office of the Inspector General

      The conference agreement provides $32,430,000 for the 
Inspector General as proposed by the House instead of 
$30,000,000 as proposed by the Senate.

                    Atomic Energy Defense Activities

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

      The National Nuclear Security Administration (NNSA), a 
semi-autonomous agency within the Department of Energy, manages 
and operates the Nation's nuclear weapons, nuclear 
nonproliferation, and naval reactors activities.
      Nuclear posture review.--The conferees have provided a 
significant increase above the President's budget request and 
above the House bill in nuclear weapons activities, to include 
refurbishment of specific nuclear weapons as well as generic 
nuclear weapons-related process and infrastructure 
improvements. The basis for providing these additional funds is 
informal information provided by the NNSA at the Committees' 
request, rather than a formal budget request from the 
Administration. The information largely addresses on-going 
programs and generic process improvements, and does not 
identify the need to develop a specific new nuclear weapon in 
fiscal year 2002. The conferees agree that these investments 
are vital to ensuring that the NNSA can efficiently support 
Department of Defense schedules and requirements to maintain 
the highest levels of performance for our nation's nuclear 
weapons, while maximizing safety for NNSA employees and 
contractors performing the stockpile stewardship mission.
      The conferees are concerned that NNSA not spend funds 
early in fiscal year 2002 that turn out to be wasted effort 
once the Nuclear Posture Review and its implementation by the 
Administration and the Congress is completed. The conferees are 
also concerned that the NNSA not spend funds in fiscal year 
2002 that presuppose the outcome of the Nuclear Posture Review 
or thwart the ability of Congress to provide effective and 
timely oversight. It is the conferees' intent and instruction 
that the NNSA use the funds in its budget request and the 
additional funds provided herein for nuclear weapons activities 
only for generic process and infrastructure improvements and to 
continue on-going weapon refurbishment activities. NNSA should 
minimize weapon-unique investments in fiscal year 2002 in those 
instances where NNSA knows today that there is uncertainty 
about the long-term viability of the nuclear weapon or its 
delivery system. The NNSA may not use funds in fiscal year 2002 
to initiate new weapons development programs or to initiate new 
warhead refurbishment programs that have not been formally 
identified to and approved by the Congress, other than through 
formal written reprogramming requests to the Armed Services and 
Appropriations Committees of Congress.
      The conferees are concerned in particular about the W-80 
warhead refurbishment for air-launched cruise missiles. The 
Department of Energy has the means to extend the life of the W-
80 warhead by tens of years, yet the Department of Defense has 
yet to budget any funds to extend the life of its air-launched 
cruise missiles. Even if the life of the W-80 warhead and 
cruise missile were extended in an integrated and synchronized 
manner, the question of the desirability of extending the life 
of the B-52 aircraft fleet (already 40 years old) for a similar 
extended timeframe would need to be addressed by both the 
Administration and Congress. Because of the uncertainty 
surrounding these issues, the conferees designate funding for 
W-80 warhead life extension in fiscal year 2002 to be of 
special interest. Use of fiscal year 2002 funds for the unique 
costs to develop or implement W-80 warhead refurbishment that 
involve long-term life extension require advance written 
notification to and approval by the Armed Services and 
Appropriations Committees of Congress.
      NNSA budget justifications.--The conferees agree that 
NNSA budget justification material for major nuclear weapon 
acquisition programs is currently not sufficient toassure 
adequate Congressional oversight of these very important programs. 
NNSA, in conjunction with the Department of Defense, is expected to 
propose significant investment in strategic weapon systems (to include 
refurbishments and life extensions) during the next 10 years to meet 
military requirements once the Administration's Nuclear Posture Review 
is completed. The Congress will have to examine these proposals in 
detail and will likely be asked to agree to higher levels of annual 
spending for these initiatives. It is vital that NNSA articulate the 
investment costs and benefits of such proposals in a clear and 
consistent manner.
      The conferees direct the Administrator to submit Selected 
Acquisition Reports (SAR) once a year to the Armed Services and 
Appropriations Committees of Congress, to accompany the fiscal 
year 2003 and subsequent President's Budgets. The reports 
should be similar in content and format to those submitted to 
Congress by the Department of Defense pursuant to section 2432 
of Title 10 of United States Code. The NNSA should identify 
criteria for designating its major defense acquisition 
programs, as the Defense Department has done, and then report 
annually on systems which meet them. The NNSA should also 
identify criteria for when to start SAR reporting for a given 
weapon system, and when to end it. SAR systems are generally 
those which require a significant development cost (hundreds of 
millions of dollars) or significant acquisition cost (billions 
of dollars). The conferees anticipate that this reporting 
requirement will not place an undue burden on the NNSA. If a 
system is to be refurbished in a block-approach, the SAR report 
must address information on each and all blocks of the program.
      The conferees further direct that the Comptroller General 
review the NNSA's fiscal year 2003 submission of selected 
acquisition reports within 90 days of their submission to 
Congress, and assess whether they adequately and thoroughly 
identify information equivalent to what the Department of 
Defense provides Congress in its SAR reports. The conferees 
also direct the NNSA to include detailed information in the 
budget justification documents for its fiscal year 2003 and 
subsequent President's budget requests to Congress by weapon 
system. The budget should clearly show the unique and the 
fully-loaded cost of each weapon activity, to include 
refurbishments and conceptual study and/or development of new 
weapons.
      Construction projects.--The conference agreement includes 
a significant increase in funding for new and ongoing 
construction projects and a new program for facilities and 
infrastructure upgrades. While these increases are necessary to 
maintain the nuclear weapons complex, the conferees are 
concerned that these increases will tax the existing project 
management expertise of the NNSA and its contractors. To ensure 
that construction project funding is properly executed, the 
conferees direct the NNSA's Office of Project Management 
Support to review each of these projects and verify that the 
conceptual design and at least 35 percent of the detailed 
design are completed before construction funds are obligated. 
The NNSA is strongly encouraged to use the expertise resident 
in the Department's Office of Construction and Engineering 
Management for this purpose.
      Nuclear Weapons Council Reporting.--The Armed Services 
Committees require annual reporting on the activities of the 
Nuclear Weapons Council, a joint Department of Defense and 
Energy activity that manages nuclear weapons. This document is 
a key tool for the Appropriations and Armed Services Committees 
of Congress to perform effective oversight of our nation's 
nuclear weapons. The Secretary of Energy submitted the fiscal 
year 2000 report (dated October 1, 2000) on September 26, 2001. 
The conferees question the utility of a report (under 20 pages) 
whose information is about a year old when submitted, and 
whether the Departments of Energy and Defense take seriously 
the need to responsibly support Congressional oversight of 
nuclear weapons on a timely basis. Reports to Congress on a 
previous fiscal year's activities, to be relevant to the 
authorization and appropriations process, should be submitted 
for Committees to use during their hearings in the spring of 
the following year. Waiting until the end of the fiscal year to 
submit the information inhibits the hearing process, the 
authorization process, and the appropriations process as well 
as depriving Members of Congress charged with an important 
oversight responsibility from effectively performing their duty 
due to lack of timely information. The conferees direct the 
Secretary of Energy to submit future reports by March 1 of each 
year.

                           Weapons Activities

      The conference agreement provides $5,429,238,000 for 
Weapons Activities instead of $5,123,888,000 as proposed by the 
House and $6,062,891,000 as proposed by the Senate. The 
Administration's budget request for Weapons Activities was 
$5,300,025,000 which included $271,137,000 for program 
direction activities. The conference recommendation transfers 
all program direction funding to the Office of the NNSA 
Administrator account which has the effect of reducing the 
fiscal year 2002 budget request for Weapons Activities to 
$5,028,888,000. Thus, the conference recommendation is 
$400,850,000 over the budget request for nuclear weapons 
programmatic activities.
      Statutory language proposed by the Senate to earmark 
funds for technology partnerships and community reuse 
organizations has not been included. The conferees direct the 
NNSA to fully utilize technology partnerships supportive of its 
missions, including the support of small business interactions 
including technology clusters around the laboratories.
      Reprogramming.--The conference agreement provides limited 
reprogramming authority within the Weapons Activities account 
without submission of a reprogramming to be approved in advance 
by the House and Senate Committees on Appropriations. The 
reprogramming thresholds will be as follows: directed stockpile 
work, science campaigns, engineering campaigns, inertial 
confinement fusion, advanced simulation and computing, pit 
manufacturing and certification, readiness campaigns, and 
operating expenses for readiness in technical base and 
facilities. This should provide the needed flexibility to 
manage these programs.
      In addition, funding of not more than $5,000,000 may be 
transferred between each of these categories and each 
construction project subject to the following limitations: only 
one transfer may be made to or from any program or project; the 
transfer must be necessary to address a risk to health, safety 
or the environment or to assure the most efficient use of 
weapons activities funds at a site; and funds may not be used 
for an item for which Congress has specifically denied funds or 
for a new program or project that has not been authorized by 
Congress.
      Congressional notification within 30 days of the use of 
this reprogramming authority is required. Transfers during the 
fiscal year which would result in increases or decreases in 
excess of $5,000,000 or which would be subject to the 
limitations outlined in the previous paragraph require prior 
notification and approval from the House and Senate Committees 
on Appropriations.
      Directed stockpile work.--The conference agreement 
includes $1,045,814,000 for directed stockpile work instead of 
$1,043,791,000 as proposed by the House and $1,081,337,000 as 
proposed by the Senate.
      Campaigns.--The conference agreement consolidates the 
individual campaigns into six major groups: science campaigns, 
engineering campaigns, inertial confinement fusion, advanced 
simulation and computing, pit manufacturing and certification, 
and readiness campaigns. Funding for individual campaigns is 
shown on the accompanying table.
      For science campaigns, the conference agreement provides 
$269,703,000, an increase of $8,583,000 over the budget 
request. From within available funds, an additional $25,000,000 
is provided for advanced radiography to continue research, 
development and conceptual design for an advanced hydrodynamic 
test facility, including further development and evaluation of 
proton radiography techniques.
      For engineering campaigns, the conference agreement 
provides $245,225,000, an increase of $9,469,000 over the 
budget request, to meet additional program requirements.
      For inertial confinement fusion, the conference agreement 
provides $506,443,000, an increase of $39,500,000 over the 
budget request, and includes several program funding 
adjustments. The conference agreement includes $10,000,000 for 
the Naval Research Laboratory, the same as the budget request. 
Funding of $24,500,000 has been provided to further development 
of high average power lasers.
      The conference agreement includes $35,450,000 for the 
Laboratory for Laser Energetics at the University of Rochester, 
an increase of $2,000,000 over the budget request, to be used 
for development of critical short-pulse laser technologies that 
should be extensible to producing very high power laser 
capability on the National Ignition Facility as well as 
existing large fusion research lasers like Omega.
      The conference agreement provides an additional 
$7,000,000 for enhanced National Ignition Facility (NIF) 
diagnostics and cryogenic target activities, and $245,000,000, 
the same as the budget request, for continued construction of 
the NIF.
      The conferees understand the Department is preparing a 
National Petawatt Strategic Plan and support completion of this 
initiative, including within the strategic planning the 
research and development of supporting technologies necessary 
to ensure U.S. leadership in ultra-short-pulse laser 
technology. Funding of $3,000,000 is provided for conceptual 
and preliminary engineering design studies for a petawatt-class 
laser at the Sandia National Laboratory's Z machine, and 
$1,000,000 is provided to initiate development of critical 
short-pulse laser technologies like damage-resistant gratings.
      The conferees strongly support university participation 
in this program and have provided $9,886,000 for university 
grants/other ICF support, an increase of $4,500,000 over the 
budget request. This includes $2,500,000 to complete the 
installation and initiate operation of a petawatt laser or 
high-power, short-pulse laser at the University of Nevada-Reno. 
The conferees believe that early access to an operating 
petawatt-class laser will provide opportunities for exploring 
technology options to incorporate in the next generation of 
petawatt lasers. The conferees direct the Department to provide 
a monthly status report to the House and Senate Committees on 
Appropriations on the status of the University of Nevada-Reno 
project. The conferees have included the additional $2,000,000 
for university grants to encourage greater participation of 
universities in the Department's programs and as a means of 
training new scientists in high energy density and laser 
physics.
      For advanced simulation and computing, the conference 
agreement provides $729,847,000, a decrease of $8,185,000 from 
the budget request. The reduction in operating expenses should 
be taken against lower priority activities. The conference 
agreement allocates funding of $8,400,000 for Project 01-D-101, 
the Distributed Information Systems Laboratory at Sandia; 
$22,000,000 for Project 00-D-103, the Terascale Simulation 
Facility at Livermore; and $13,377,000 for Project 00-D-107, 
the Joint Computational Engineering Laboratory at Sandia. Each 
of these projects has experienced significant reductions in 
prior years due to funding constraints.
      For pit manufacturing and certification, the conference 
agreement provides $219,000,000, an increase of $90,455,000 
over the budget request of $128,545,000. On September 28, 2001, 
the NNSA Administrator notified the House and Senate Committees 
on Appropriations that the fiscal year 2002 projected cost for 
pit manufacturing and certification was $213,000,000. In 
addition, the conferees have provided the budget request of 
$2,000,000 for pit manufacturing and certification activities 
not specifically supporting the W88 and $4,000,000 for 
preconceptual design activities for a new pit manufacturing 
facility. From within the funds provided, the conference 
agreement includes full funding for subcritical experiments to 
be performed at the Nevada Test Site. Additional funding is 
provided within the Readiness in Technical Base and Facilities 
program to support facilities and activities critical to the 
success of the pit manufacturing and certification campaign.
      For readiness campaigns, the conference agreement 
provides $196,886,000, an increase of $31,869,000 over the 
budget request. This includes, at a minimum, an additional 
$24,000,000 for the Y-12 Plant in Oak Ridge, Tennessee. No 
funding is provided for Project 98-D-126, Accelerator 
Production of Tritium, the same as the budget request.
      For readiness in technical base and facilities, the 
conference agreement provides $1,553,124,000, an increase of 
$106,136,000 over the budget request, and includes several 
funding adjustments.
      Within funds provided for operations of facilities, the 
conferees direct that, at a minimum, an additional $25,000,000 
be provided for the Pantex Plant in Texas and an additional 
$10,000,000 be provided for the Y-12 Plant in Oak Ridge, 
Tennessee. The conference agreement also includes an additional 
$10,000,000 for the Z machinerefurbishment at Sandia; 
$10,000,000 to consolidate and enhance counter-terrorism activities and 
programs at the National Center for Combating Terrorism at the Nevada 
Test Site; and $1,500,000 for technology partnerships with industry as 
proposed by the Senate.
      The conference agreement does not provide additional 
funding to process uranium-233 as proposed by the Senate. This 
issue is addressed in the Energy Supply account.
      Within funds provided for program readiness, the 
conference agreement includes additional funding of $10,000,000 
for the operation of pulsed power facilities at Sandia National 
Laboratory. Additional funding of $9,094,000 above the budget 
request is provided to maintain Nevada Test Site readiness and 
maintain materials processing and component manufacturing 
readiness consistent with the 1993 Presidential directive 
concerning underground nuclear testing.
      Within funds provided for special projects, the 
conference agreement includes $1,000,000 for the Remote Sensing 
Laboratory to enhance pilot proficiency, aircraft safety, and 
aviation support elements; $1,000,000 for final funding for the 
tumor registry in the State of Nevada; $250,000 to prepare a 
plan to preserve the history of the Manhattan project; 
$1,000,000 for installation of exhibits at the Atomic Testing 
History Institute; and the budget request for the Los Alamos 
County Schools and the New Mexico Education Enrichment 
Foundation.
      The conference agreement includes $90,310,000 for 
materials recycling, $8,199,000 for containers, $10,643,000 for 
storage, and $88,923,000 for nuclear weapons incident response, 
as proposed by the Senate.
      For construction projects, the conference agreement 
includes several adjustments to the budget request. Funding of 
$22,830,000 is provided for Project 02-D-103, Project 
Engineering and Design (PE&D;), including $4,000,000 for 
architecture and engineering services for modernization of 
surface support facilities for the U1A complex at the Nevada 
Test Site; $4,750,000 for Project 02-D-105, Engineering 
Technology Complex Upgrade at Livermore; $3,507,000 for Project 
02-D-107, Electrical Power Systems Upgrades at the Nevada Test 
Site; $16,379,000 for Project 01-D-103, PE&D;, including 
$2,693,000 for electrical power systems upgrades at the Nevada 
Test Site; $67,000,000 for Project 01-D-108, Microsystems and 
Engineering Sciences Applications Complex at Sandia; and 
$2,000,000 for Project 99-D-108, Renovate Existing Roadways at 
the Nevada Test Site. No funds are provided for Project 01-D-
124, HEU Storage Facility at the Y-12 Plant in Tennessee.
      Funding of $3,300,000 is provided for Project 01-D-107, 
Atlas Relocation at the Nevada Test Site. The total estimated 
cost of this project has increased by $4,123,000 to 
$16,312,000.
      Facilities and Infrastructure.--The conference agreement 
includes $200,000,000 to establish a new program for facilities 
and infrastructure (F&I;). The Department had requested no 
funding for this program. The conferees agree with the House 
report language on the F&I; program and direct that at least 25 
percent of this funding be used to dispose of excess facilities 
that will provide the greatest impact on reducing long-term 
costs and risks.
      Secure Transportation Asset.--The conference agreement 
provides $123,300,000 as proposed by the Senate, an increase of 
$1,500,000 over the budget request.
      Safeguards and security.--The conference agreement 
includes $448,881,000, the same as the budget request, for 
safeguards and security activities at laboratories and 
facilities managed by the National Nuclear Security 
Administration.
      Program direction.--The budget request included 
$271,137,000 for program direction activities in this account. 
The conference agreement transfers this funding to the Office 
of the NNSA Administrator account.
      Funding adjustments.--The conference agreement includes 
an adjustment of $28,985,000 for a security charge for 
reimbursable work, as proposed in the budget, and a general 
reduction of $80,000,000.

                    Defense Nuclear Nonproliferation

      The conference agreement provides $803,586,000 for 
Defense Nuclear Nonproliferation instead of $845,341,000 as 
proposed by the House and $880,500,000 as proposed by the 
Senate. The Administration's budget request for Defense Nuclear 
Nonproliferation was $773,700,000 which included $51,459,000 
for program direction activities. The conference recommendation 
transfers all program direction funding to the Office of the 
NNSA Administrator account which has the effect of reducing the 
budget request for Defense Nuclear Nonproliferation to 
$722,241,000. Thus, the conference recommendation is an 
increase of $81,345,000 over the budget request.
      Statutory language proposed by the Senate to earmark 
funding for official reception and representation expenses has 
not been included. This activity is funded in the Office of the 
NNSA Administrator account.
      Limitation on Russian and Newly Independent States' (NIS) 
program funds.--The conferees are concerned about the amount of 
funding for Russian and NIS programs which remains in the 
United States for Department of Energy contractors and 
laboratories rather than going to the facilities in Russia and 
the NIS. The conferees expect the Department to continue to 
increase the level of funding provided to Russia versus the 
funding which remains in the United States for Department of 
Energy contractors and laboratories in each subsequent year. 
The conferees direct the Department to apply the lowest 
possible laboratory overhead rates and to increase the percent 
of funding spent in Russia. The Department is to provide a 
report to the House and Senate Committees on Appropriations by 
January 31, 2002, and each subsequent year on the amount of 
fundingprovided to Russia and NIS in each program area. The 
Department should work with the Committees on the specific information 
to be included in the report.
      Nonproliferation and verification research and 
development.--The conference agreement provides $244,306,000 
for nonproliferation and verification research and development. 
This includes $19,510,900 for ground-based systems for treaty 
monitoring, an increase of $7,000,000 over the budget request. 
From within available funds, $4,000,000 is provided to 
establish the Remote Systems Test and Engineering Center at the 
Remote Sensing Laboratory and $2,500,000 for the Incorporated 
Research Institutions for Seismology PASSCAL Instrument Center. 
The Department is urged to review the potential value of the 
Caucasus Seismic Information Network to the nuclear explosion 
monitoring national security mission.
      The conferees continue to support more opportunity for 
open competition in appropriate areas of the nonproliferation 
and verification research and development program. The 
conferees expect the Department to continue to implement 
recommendations provided by the external review group in 
support of open competition and direct the Department to 
initiate a free and open competitive process for at least 25 
percent of its research and development activities during 
fiscal year 2002 for ground-based systems treaty monitoring. 
The competitive process should be open to all Federal and non-
Federal entities.
      Arms control.--The conference agreement provides 
$75,741,000 for arms control activities, instead of the budget 
request of $101,500,000, due to several funding transfers. The 
conference agreement transfers $4,000,000 for the Second Line 
of Defense program to the International Materials Protection, 
Control and Accounting program. Funding of $28,759,000 for the 
NIS nonproliferation program for the Initiatives for 
Proliferation Prevention and the Nuclear Cities Initiative has 
been transferred to a new program, ``Russian Transition 
Initiatives.'' Funding of $15,945,000, an increase of 
$7,000,000 over the budget request, has been provided for spent 
nuclear fuel activities in Kazakhstan. No additional funds are 
provided for spent nuclear fuel storage and a geologic 
repository in Russia.
      International materials protection, control and 
accounting (MPC&A;).--The conference agreement includes 
$173,000,000 for the MPC&A; program including $4,000,000 for the 
Second Line of Defense program which was transferred from the 
Arms Control program.
      Russian Transition Initiatives.--The conference agreement 
provides $42,000,000 for the Initiatives for Proliferation 
Prevention program and the Nuclear Cities Initiative. These 
programs were transferred from the arms control program. The 
conferees expect the Department to provide a single program 
manager responsible for both programs and have provided the 
Department the flexibility to allocate the funding between the 
two programs. The program manager should also ensure close 
coordination with other Federal agencies that direct money to 
scientists working in closed cities.
      HEU transparency implementation.--The conference 
agreement provides $13,950,000, the same as the budget request.
      International nuclear safety.--The conference agreement 
provides $10,000,000 for the international nuclear safety 
program, a reduction of $3,800,000 from the budget request. 
This funding is to be used only for activities in support of 
completing the upgrades to Soviet-designed nuclear reactors. 
From within available funds, the conference agreement provides 
$1,500,000 to transfer and implement proven U.S.-developed 
Mechanical Stress Improvement Process technology requested by 
the Russian Federation. The Department is to provide a status 
report on the progress of this project by March 31, 2002.
      Fissile materials disposition.--The conference agreement 
provides $302,422,000 for fissile materials disposition, an 
increase of $12,333,000 over the budget request. Limitations on 
the amount of funding which remains in the United States shall 
not apply to the fissile material disposition programs.
      The conference agreement includes $5,000,000 to support 
the joint United States-Russian program to develop an advanced 
reactor for plutonium disposition. The United States should 
take advantage of this technology for a possible next 
generation nuclear power reactor for United States and foreign 
markets. Therefore, the Department should explore opportunities 
to develop and exploit this technology for commercial purposes.
      The conferees are concerned that the Administration's 
consideration of alternative plutonium disposition and 
management scenarios, combined with a much lower than expected 
budget request, have introduced substantial instability into 
both the Russian and U.S. components of the plutonium 
disposition program. The conferees regard this program as one 
of the most important nonproliferation initiatives undertaken 
between the United States and Russia. It is also closely 
integrated into the Department's environmental cleanup and 
material management programs. The instabilities injected into 
this program are jeopardizing the future of this program, both 
in this country and in Russia, and may result in the permanent 
loss of this significant opportunity.
      The conferees understand that the issue of plutonium 
disposition at the Savannah River Site will be fully addressed 
in the Fiscal Year 2002 Defense Authorization Act. However, the 
conferees direct the Secretary of Energy to consult with the 
Governor of the State of South Carolina regarding any decisions 
or plans of the Secretary related to the disposition of surplus 
defense plutonium located at the Savannah River Site. The 
Secretary is also directed to submit to Congress a plan for 
disposal of surplus defense plutonium currently located at the 
Savannah River site and for disposal of defense plutonium and 
defense plutonium materials to be shipped to the Savannah River 
Site in the future. This plan is due by February 1, 2002.
      The conferees further direct the Secretary to provide 30 
days notice to the House and Senate Committees on 
Appropriations before resuming shipments of defense plutonium 
and defense plutonium materials to the Savannah River Site.
      Until further approval from the Committees on 
Appropriations, the conferees expect that funds set aside for 
plutonium disposition in Public Law 105-227, the Omnibus 
Consolidated and Emergency Supplemental Appropriations Act, 
1999, shall only be used in a manner consistent with the 
current plutonium disposition program.
      At the request of the Department, the conference 
agreement makes the following changes to the Department's 
budget request. Funding of $5,000,000 is reallocated from 
Project 99-D-141, the Pit Disassembly and Conversion Facility, 
to operating expenses in support of this project. Funding of 
$29,340,000, an increase of $5,340,000 over the budget request, 
is provided for Project 01-D-407, the HEU Blend Down Project. 
Funding of $65,993,000, an increase of $2,993,000 over the 
budget request, is provided for Project 99-D-143, the Mixed 
Oxide Fuel Fabrication Facility. These increases totaling 
$8,333,000 are funded through balances remaining from prior 
year construction projects.
      Program direction.--The budget request included 
$51,459,000 for program direction activities in this account. 
The conference agreement transfers this funding to the Office 
of the NNSA Administrator account.
      Funding adjustments.--The conference agreement includes 
funding adjustments of $57,833,000. This includes the use of 
$42,000,000 of prior year balances, as requested in the budget; 
$8,333,000 from prior year balances in fissile materials 
disposition construction projects; and $7,500,000 from prior 
year unobligated and uncosted balances.

                             Naval Reactors

      The conference agreement provides $688,045,000 for Naval 
Reactors, the same as the budget request.

                      Office of the Administrator

      The conference agreement provides $312,596,000 for the 
Office of the Administrator instead of $10,000,000 as proposed 
by the House and $15,000,000 as proposed by the Senate. The 
conference agreement consolidates program direction funds of 
$337,596,000 requested in the weapons activities, defense 
nuclear nonproliferation, and office of the administrator 
appropriation accounts. Total funding of $312,596,000 has been 
provided, a reduction of $25,000,000 from the original request. 
This reduction anticipates efficiencies to be gained through 
this consolidation and the use of prior year unobligated 
balances from the three merged program direction accounts.
      The conferees do not support increasing the total number 
of staff in the NNSA. While there is broad agreement that NNSA 
may not have the appropriate skill mix in its existing work 
force, there is also broad agreement that simply adding more 
people is not the answer.
      Statutory language providing $12,000 for official 
reception and representation expenses has been included.

           Environmental and Other Defense Related Activities

         DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT

      The conference agreement provides $5,234,576,000 for 
Defense Environmental Restoration and Waste Management instead 
of $5,174,539,000 as proposed by the House and $5,389,868,000 
as proposed by the Senate. Additional funding of $1,092,878,000 
is contained in the Defense Facilities Closure Projects account 
and $153,537,000 in the Defense Environmental Management 
Privatization account for a total of $6,480,991,000 provided 
for all defense environmental management activities.
      The conference agreement provides for the purchase of not 
to exceed 30 passenger motor vehicles as proposed by the House.
      The conferees believe the significant cleanup issues 
before the Department at the Paducah Gaseous Diffusion Plant in 
Kentucky require continued strong management oversight from 
Headquarters. The conferees direct that the Secretary provide 
for the management of environmental matters (including planning 
and budgetary activities) with respect to the plant through the 
Assistant Secretary of Energy for Environmental Management. The 
Assistant Secretary shall ensure that direct communication and 
thorough consultation exists at all times between herself and 
the head of the Paducah environmental cleanup programs on all 
relevant matters.
      Low level waste disposal.--The conferees agree that the 
Department, where cost-effective, should use existing Federal 
contracts for the disposal of low-level and mixed low-level 
waste at commercial off-site disposal facilities. Further, 
before proceeding with any new on-site disposal cell, the 
Department is directed to submit to the House and Senate 
Committees on Appropriations an objective analysis comparing 
the life-cycle costs of on-site versus off-site disposal 
alternatives. Such analysis must address the concerns 
identified by the General Accounting Office in its recent 
report (GAO-01-441), which found that the Department has not 
made accurate estimates of waste volumes and transportation 
costs when comparing on-site versus off-site alternatives.
      Site/Project Completion.--The conference agreement 
provides additional funding to mitigate funding shortfalls at 
the following sites: $18,000,000 for the Idaho site; 
$20,000,000 for the Savannah River Site in South Carolina; 
$34,300,000 for the Hanford site in Richland, Washington; and 
$7,000,000 for South Valley, Kansas City, Pantex, and Sandia.
      The conference agreement includes $9,000,000 to expedite 
the remediation and conveyance of up to 2000 acres of land for 
the use of Pueblo of San Ildefonso and approximately 100 acres 
to the County of Los Alamos consistent with the direction of 
section 632 of Public Law 105-119.
      Funding of $20,000,000 has been provided for a new 
construction project, Project 02-D-420, Plutonium Packaging and 
Stabilization, at the Savannah River Site. At the request of 
the Department, the conference agreement consolidates funding 
from the following sources for this project: $7,500,000 from 
current and prior year balances in Project 01-D-414, Project 
Engineering and Design (PE&D;); $4,000,000 from prior year 
balances available from cancellation of Project 01-D-415, 235-F 
Packaging and Stabilization project; and $8,500,000 from prior 
year balances provided to the Savannah River Site in fiscal 
year 2001 for plutonium stabilization activities.
      Funding of $2,754,000 is provided for Project 01-D-414, 
Project Engineering and Design, as proposed by the House.
      Post 2006 Completion.--The conference agreement provides 
additional funding over the budget request for several 
activities. Additional funding of $105,000,000 is provided for 
the Idaho site. From within these funds, $15,000,000 is to 
initiate activities associated with the demonstration of waste 
retrieval at the subsurface disposal area at the Idaho National 
Engineering and Environmental Laboratory (INEEL); $700,000 is 
to continue conceptual design activities for a subsurface 
geosciences laboratory at Idaho; $4,000,000 is for the 
Subsurface Science Research Institute operated by the Inland 
Northwest Research Alliance and the INEEL; and up to $750,000 
is to evaluate the need for a remote-handled transuranic waste 
facility at ANL-West and initiate conceptual design if needed.
      The conferees encourage the Department of Energy to use 
alternative dispute resolution to resolve claims relating to 
the contract dispute on Pit 9 at Idaho.
      Additional funding of $125,000,000 is provided for the 
Savannah River Site in South Carolina. From within available 
funds, $8,000,000 is provided for the Savannah River Ecology 
Laboratory, an increase of $2,000,000 over the budget request, 
and $800,000 is provided to continue the Department's 
relationship with the University of South Carolina's Center for 
Water Resources.
      Additional funding of $110,000,000 is provided for the 
Hanford site in Richland, Washington, to support the River 
Corridor Initiative. From within available funds, $8,481,000 is 
provided for the hazardous waste worker training program, an 
increase of $7,481,000 over the budget request, and $600,000 is 
provided for State of Oregon oversight activities. The 
Department is expected to continue making PILT payments at last 
year's level to counties that have the Hanford reservation 
within their boundaries.
      Additional funding of $3,400,000 is provided for cleanup 
activities at the Nevada Test Site and $3,000,000 to continue 
the underground test area groundwater flow characterization 
drilling program.
      Additional funding of $10,000,000 is provided to continue 
remediation, waste management, and nuclear materials 
stewardship activities at Los Alamos National Laboratory and to 
support New Mexico State Agreements-in-Principal requirements.
      Additional funding of $10,000,000 is provided for cleanup 
activities at the Lawrence Livermore National Laboratory.
      Additional funding of $28,100,000 is provided to the 
Carlsbad field office. This includes $17,100,000 for Waste 
Isolation Pilot Plant (WIPP) operations; $7,000,000 to 
implement program-wide best practices to optimize waste 
processing, develop new technology solutions, and develop a 
mobile/modular approach for small quantity sites; $3,000,000 to 
continue the U.S.-Mexico Border Health Commission/Materials 
Corridor Partnership Initiative; and $1,000,000 for research, 
development, and initial demonstration in support of an 
experiment to be conducted at WIPP to evaluate the mass of the 
neutrino.
      Office of River Protection.--The conference agreement 
provides $1,033,468,000, an increase of $221,000,000 over the 
budget request, for the Office of River Protection at the 
Hanford site in Washington. Funding of $665,000,000 has been 
provided for Project 01-D-416, the Hanford Waste Treatment 
Plant, to vitrify the high-level waste in underground tanks.
      While the conferees share Washington State's concern 
regarding the Administration's inadequate budget request for 
the Office of River Protection and Hanford cleanup activities 
and recognize the right of the State to levy fines under the 
Tri-Party Agreement, the conferees question the 
constructiveness of the State's imposition of weekly fines due 
to the Department's failure to begin construction on the waste 
treatment plant. As demonstrated in this conference, the 
conferees continue to adequately support this project and 
believe the weekly fines may only be serving to distract site 
managers from the mission of cleanup.
      Science and technology development.--The conference 
agreement provides $255,768,000 for the science and technology 
development program. The conference agreement provides 
$4,000,000 for the next round of new and innovative research 
grants in the environmental management science program in 
fiscal year 2002.
      The conference agreement includes $4,000,000 for the 
international agreement with AEA Technology; $7,000,000 for the 
Department's cooperative agreement with the Florida 
International University; $27,100,000 for the D&D; focus area 
program; $33,800,000 for industry and university programs; 
$5,000,000 for the Western Environmental Technology Office; 
$4,000,000 to continue evaluation, development and 
demonstration of the Advanced Vitrification System; $3,000,000 
to continue engineering, development and deployment of remote 
monitoring systems for the underground test area; $5,000,000 
for the Diagnostic Instrumentation and Analysis Laboratory; and 
$4,350,000 for the university robotics research program.
      Limitation on multi-year funding agreements.--The 
Department is directed not to sign any new funding agreement 
that commits more than one year of funding for science and 
technology activities with any entity. The following types of 
agreements are exempt from this direction: basic and applied 
research projects that have been competitively awarded; 
competitively awarded science and technology projects that are 
phased such that funding for the succeeding phases is 
contingent upon successful performance, continued scientific 
merit, and mission relevance of the work to environmental 
management; and projects requiring significant infrastructure 
investment which will be cost shared between the Department and 
the performing entity. For new science andtechnology projects 
not meeting one of the above exemptions, the Department shall provide 
written notification to the Committees of its intent to enter into an 
agreement that commits more than one year of funding a minimum of 60 
days prior to award. This notification must provide a detailed 
description of the project, the expected benefits, and a justification 
for multiple year funding.
      Excess facilities.--The conference agreement includes 
$5,000,000, an increase of $3,700,000 over the budget request, 
for excess facilities. These funds are to be used to initiate 
D&D; of excess facilities owned by the environmental management 
program.
      Safeguards and security.--The conference agreement 
includes $205,621,000, the same as the budget request, for 
safeguards and security activities at laboratories and 
facilities managed by the Office of Environmental Management.
      Program direction.--The conferees have provided 
$355,761,000, the same as the budget request, for the program 
direction account.
      Funding adjustments.--The conference agreement includes 
the use of $56,770,000 of prior year balances, an increase of 
$20,000,000 over the budget request, which funds Project 02-D-
420 at the Savannah River Site. A security charge for 
reimbursable work of $5,391,000, the same as the budget 
request, is included, and a general reduction of $92,110,000, 
due to funding constraints.

                  defense facilities closure projects

      The conference agreement provides $1,092,878,000 as 
proposed by the House instead of $1,080,538,000 as proposed by 
the Senate. Funding is provided for the following projects: 
$620,504,000 for the Rocky Flats Site in Colorado; $295,299,000 
for Fernald, Ohio; $91,000,000 for the Mound site in Ohio; 
$16,000,000 for the Ashtabula site in Ohio; and $16,100,000 for 
the Columbus environmental management project in Ohio. The 
conferees expect the Department to request adequate funds to 
keep each of these projects on schedule for closure by 2006 or 
earlier.
      Funding of $53,975,000 is provided for safeguards and 
security. Any savings resulting from safeguards and security 
costs are to be retained and used for cleanup activities at the 
closure sites.

             Defense environmental management privatization

      The conference agreement provides $153,537,000 for the 
defense environmental management privatization program instead 
of $143,208,000 as proposed by the House and $157,537,000 as 
proposed by the Senate. The conference agreement includes 
$13,329,000 for the Paducah Disposal Facility in Kentucky, the 
same as the budget request.
      Funding of $52,000,000 has been provided for the Advanced 
Mixed Waste Treatment Project (AMWTP) in Idaho, an increase of 
$12,000,000 over the budget request of $40,000,000. Funding for 
the AMWTP does not include financing and termination liability 
costs for fiscal year 2002 that would be required of the 
Department of Energy in the unlikely event of a termination for 
convenience as stipulated in the project contract.

                        Other Defense Activities

      The conference agreement provides $544,044,000 for Other 
Defense Activities instead of $487,464,000 as proposed by the 
House and $564,168,000 as proposed by the Senate. Details of 
the conference agreement are provided below.

                   Security and Emergency Operations

      For security and emergency operations funding managed at 
Headquarters, the conference agreement provides $250,427,000, a 
reduction of $18,823,000 from the budget request. The 
conference agreement provides total safeguards and security 
funding of $1,004,716,000 which includes $754,289,000 for 
safeguards and security activities at Departmental field 
offices and facilities. For field sites, this is an increase of 
$63,451,000 over fiscal year 2001 funding of $665,178,000 for 
safeguards and security activities.
      Funding of $116,500,000 is provided for nuclear 
safeguards and security, including $2,500,000 to procure safety 
locks to meet Federal specifications.
      The conference agreement provides $44,927,000 for 
security investigations, the same as the budget request.
      Funding of $10,000,000 is provided for the Corporate 
Management Information System in this account, a reduction of 
$10,000,000 from the budget request, and $5,000,000 is provided 
in the Departmental Administration account.
      Program direction.--The conference agreement provides 
$79,000,000 for program direction, a decrease of $4,135,000 
from the budget request.

                              Intelligence

      The conference agreement includes $40,844,000, the same 
as the budget request, for the Department's intelligence 
program.

                          Counterintelligence

      The conference agreement includes $46,000,000, a 
reduction of $389,000 from the budget request, for the 
Department's counterintelligence program.

                   Advanced Accelerator Applications

      The conference agreement provides $50,000,000 to continue 
research on advanced accelerator applications, including 
$4,500,000 for research and development of technologies for 
economic and environmentally-sound refinement of spent nuclear 
fuel at the University of Nevada-Las Vegas; $4,000,000 for 
reactor-based transmutation studies; and $1,500,000 for the 
Idaho Accelerator Center. No funds are provided for Project 98-
D-126, Accelerator Production of Tritium.
      The President's National Energy Policy of May 2001 
acknowledged the potential of reprocessing and transmutation 
technologies to reduce the quantity and long-term toxicity of 
spent nuclear fuel, and recommended further consideration of 
such technologies. The Advanced Accelerator Applications 
program will provide the technical information to support a 
future policy decision on these options.
      The Department is directed to prepare a report for 
Congress by May 1, 2002, providing a comparison of the chemical 
and pyro-reprocessing, accelerator-driven transmutation, and 
fast reactor transmutation alternatives, fully disclosing all 
waste streams and estimating the life-cycle costs to construct, 
operate, and decommission and decontaminate all necessary 
facilities. The Department should also compare the 
proliferation resistance of the various technologies. The 
baseline for all comparisons should be the once-through fuel 
cycle as presently used in the United States, and the amount of 
spent nuclear fuel presently scheduled for disposal in the 
geologic repository. The conferees expect this report to 
present the Department's strategy for siting the new processing 
and disposal facilities that would be required for the various 
reprocessing and transmutation alternatives, again assuming a 
capacity sufficient to process the amount of spent fuel 
presently scheduled for geologic disposal. The conferees 
encourage the participation of international collaborators, 
industrial partners, and U.S. universities in this effort.

            Independent Oversight and Performance Assurance

      The conference agreement provides $14,904,000, the same 
as the budget request, for the independent oversight and 
performance assurance program. The conferees are aware that 
additional duties for environmental oversight have been 
assigned to this office and expect the Department to submit a 
reprogramming to transfer an estimated $7,000,000 to support 
these oversight activities which have been funded previously in 
the environment, safety and health program.

                Environment, Safety and Health (Defense)

      The conference agreement provides $117,688,000 for 
defense-related environment, safety and health activities. From 
within available funds, $53,438,000 is provided for health 
effects studies and $13,500,000 for the Radiation Effects 
Research Foundation, the same as the budget request. The 
conferees have provided $5,000,000 to continue a program at the 
University of Nevada-Las Vegas for Department-wide management 
of electronic records; $1,750,000 for the University of 
Louisville and the University of Kentucky to perform 
epidemiological studies of workers; and $1,000,000 for health 
studies of workers at the Iowa Army Ammunition Plant.
      The U.S. government is currently renegotiating its 
diplomatic, defense, and economic relationship with the 
Government of the Republic of the Marshall Islands (RMI). The 
conferees urge the U.S. government to provide a single, 
combined package of assistance to support the medical and 
public health infrastructure needs of the Marshall Islands and 
believe that the negotiations should include discussion of the 
transition of the environmental monitoring program to the RMI.
      The conference agreement includes $22,000,000 for program 
direction, a reduction of $1,293,000 from the budget request.

                    Worker and Community Transition

      The conference agreement provides $20,000,000 for the 
worker and community transition program as proposed by the 
Senate. Funding of $900,000 has been provided for 
infrastructure improvements at the former Pinellas weapons 
plant.
      The conference agreement provides that no funds may be 
used to augment the $20,000,000 made available for obligation 
for severance payments and other benefits and community 
assistance grants unless the Department of Energy submits a 
reprogramming request subject to approval by the appropriate 
Congressional committees.

           National Security Programs Administrative Support

      The conference agreement provides $22,000,000 for 
national security programs administrative support instead of 
$25,000,000 as proposed by the House and the Senate.

                     Office of Hearings and Appeals

      The conference agreement provides $2,893,000 for the 
Office of Hearings and Appeals, the same as the budget request.

                          Funding Adjustments

      Funding adjustments include a security charge for 
reimbursable work of $712,000 and a general reduction of 
$20,000,000. The general reduction should be applied to 
programs which have unobligated balances carried over from 
prior fiscal years and lower priority program activities.

                     Defense Nuclear Waste Disposal

      The conference agreement provides $280,000,000 for the 
defense contribution to the nuclear waste repository program 
instead of $310,000,000 as proposed by the House and 
$250,000,000 as proposed by the Senate.

                    Power Marketing Administrations

                  BONNEVILLE POWER ADMINISTRATION FUND

      The conference agreement does not incorporate Senate 
language providing new borrowing authority to the Bonneville 
Power Administration. No new direct loan obligations may be 
made during fiscal year 2002 as proposed by the House.

      OPERATION AND MAINTENANCE, SOUTHEASTERN POWER ADMINISTRATION

      The conference agreement includes $4,891,000, the same as 
the budget request, for the Southeastern Power Administration.

      OPERATION AND MAINTENANCE, SOUTHWESTERN POWER ADMINISTRATION

      The conference agreement includes $28,038,000, the same 
as the budget request, for the Southwestern Power 
Administration.

 CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE, WESTERN AREA 
                          POWER ADMINISTRATION

      The conference agreement provides $171,938,000, instead 
of $172,165,000 as proposed by the House and $169,465,000 as 
proposed by the Senate. The conference agreement does not 
include bill language proposed by the Senate earmarking funds 
for specific activities.
      Of the amount appropriated, not less than $200,000 shall 
be provided for corridor review and environmental review 
required for construction of a 230 kv transmission line between 
Belfield and Hettinger, North Dakota. These funds shall be non-
reimbursable. Within the amount appropriated, not less than 
$200,000 shall be provided for the Western Area Power 
Administration to conduct a technical analysis of the costs and 
feasibility of transmission expansion methods and technologies. 
These funds shall be non-reimbursable. Western shall publish a 
study by July 31, 2002, that contains a recommendation of the 
most cost-effective methods and technologies to enhance 
electricity transmission from lignite and wind energy.
      The amount appropriated for construction and 
rehabilitation includes $2,700,000 to fund high priority 
portions of the South of Phoenix portion of the Parker-Davis 
Project transmission system. The Federal share of the upfront 
costs is to be recovered through the transmission rates of the 
Parker-Davis Project. Western should pursue additional funds 
from those utilities requiring additional transmission 
capacity, and the conferees expect that any funding received 
will be used to offset future appropriations requirements.
      Funding of $6,000,000 is provided for the Utah 
Reclamation Mitigation and Conservation Account.
      The conference agreement provides $109,378,000 for 
program direction, a reduction of $5,000,000 from the budget 
request.

           FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND

      The conference agreement includes $2,663,000, the same as 
the budget request, for the Falcon and Amistad Operating and 
Maintenance Fund.

                  Federal Energy Regulatory Commission

                         salaries and expenses

      The conference agreement includes $184,155,000, a 
$3,000,000 increase over the budget request for the Federal 
Energy Regulatory Commission. The conference agreement also 
includes statutory language authorizing an additional five 
senior executive service positions for the Federal Energy 
Regulatory Commission. The conference agreement does not 
include bill language proposed by the House prohibiting the use 
of funds to authorize construction of the Gulfstream Natural 
Gas Project.
      The conferees direct the Commission to submit a report to 
Congress by January 31, 2002, on the economic impacts on 
western utilities and ratepayers associated with the 
Commission's emergency order imposing price caps on daily spot 
power sales resulting from the inability of western load 
serving utilities to recover costs from daily sales of excess 
power from long-term forward contracts.

                           GENERAL PROVISIONS

                          DEPARTMENT OF ENERGY

      Sec. 301. The conference agreement includes a provision 
proposed by the House that none of the funds may be used to 
award a management and operating contract unless such contract 
is awarded using competitive procedures, or the Secretary of 
Energy grants a waiver to allow for such a deviation. At least 
60 days before the Secretary grants such a waiver, the 
Secretary must submit a report setting forth, in specificity, 
the substantive reasons why the requirement for competition 
should be waived. This language slightly modifies a provision 
carried in previous Energy and Water Development Appropriations 
Acts.
      Sec. 302. The conference agreement includes a provision 
proposed by the House and Senate that none of the funds may be 
used to prepare or implement workforce restructuring plans or 
provide enhanced severance payments and other benefits and 
community assistance grants for Federal employees of the 
Department of Energy under section 3161 of the National Defense 
Authorization Act of Fiscal Year 1993, Public Law 102-484. This 
provision has been carried in previous Energy and Water 
Development Appropriations Acts.
      Sec. 303. The conference agreement includes a provision 
proposed by the Senate that none of the funds may be used to 
augment the $20,000,000 made available for obligation for 
severance payments and other benefits and community assistance 
grants unless the Department of Energy submits a reprogramming 
request subject to approval by the appropriate Congressional 
committees. This provision has been carried in previous Energy 
and Water Development Appropriations Acts.
      Sec. 304. The conference agreement includes a provision 
proposed by the House and Senate that none of the funds may be 
used to prepare or initiate Requests for Proposals for a 
program if the program has not been funded by Congress in the 
current fiscal year. This provision also precludes the 
Department from initiating activities for new programs which 
have been proposed in the budget request, but which have not 
yet been funded by Congress. This provision has been carried in 
previous Energy and Water Development Appropriations Acts.

                   (Transfers of Unexpended Balances)

      Sec. 305. The conference agreement includes a provision 
proposed by the House and Senate that permits the transfer and 
merger of unexpended balances of prior appropriations with 
appropriation accounts established in this bill. This provision 
has been carried in previous Energy and Water Development 
Appropriations Acts.
      Sec. 306. The conference agreement includes language 
proposed by the House prohibiting the Bonneville Power 
Administration from performing energy efficiency services 
outside the legally defined Bonneville service territory unless 
the Administrator certifies in advance that such services are 
not available from private sector businesses. This provision 
has been carried in previous Energy and Water Development 
Appropriations Acts.
      Sec. 307. The conference agreement amends section 308 as 
proposed by the House regarding notice and competition required 
for Department of Energy user facilities.
      Sec. 308. The conference agreement includes language 
limiting the types of waste that can be disposed of in the 
Waste Isolation Pilot Plant in New Mexico. None of the funds 
may be used to dispose of transuranic waste in excess of 20 
percent plutonium by weight for the aggregate of any material 
category. At the Rocky Flats site, this provision includes ash 
residues; salt residues; wet residues; direct repackage 
residues; and scrub alloy as referenced in the ``Final 
Environmental Impact Statement on Management of Certain 
Plutonium Residues and Scrub Alloy Stored at the Rocky Flats 
Environmental Technology Site''. This provision has been 
carried in previous Energy and Water Development Appropriations 
Acts.
      Sec. 309. The conference agreement includes language 
proposed by the Senate allowing the Administrator of the 
National Nuclear Security Administration to authorize certain 
nuclear weapons production plants to use not more than 2 
percent of available funds for research, development and 
demonstration activities. This provision has been carried in 
previous Energy and Water Development Appropriations Acts.
      Sec. 310. The conference agreement includes language 
proposed by the Senate allowing the Administrator of the 
National Nuclear Security Administration to authorize the 
manager of the Nevada Operations Office to use not more than 2 
percent of available funds for research, development and 
demonstration activities necessary for operations and readiness 
of the Nevada Test Site.
      Sec. 311. The conference agreement includes language 
proposed by the Senate amending section 1 of Public Law 105-204 
pertaining to depleted uranium hexafluoride by extending the 
date to fiscal year 2005.
      Sec. 312. The conference agreement modifies language 
proposed by the Senate prohibiting oil and gas drilling in the 
Finger Lakes National Forest, New York. No Federal permit or 
lease shall be issued during fiscal year 2002.
      Provisions not adopted by the conference.--The conference 
agreement deletes section 307 of the House bill and section 306 
of the Senate bill pertaining to LDRD.
      The conference agreement deletes section 309 of the 
Senate bill allowing each Federal power marketing 
administration to engage in activities relating to the 
formation and operation of a regional transmission 
organization.
      The conference agreement deletes section 312 of the 
Senate bill requiring the Secretary of Energy to conduct a 
study of alternative financing approaches for infrastructure 
and facility construction projects at the Department of Energy. 
This reporting requirement is addressed in the statement of the 
managers.
      The conference agreement deletes section 313 of the 
Senate bill requiring the Secretary of Energy to implement 
certain reporting structures for the Paducah Gaseous Diffusion 
Plant in Kentucky. This requirement is addressed in the 
statement of the managers.
      The conference agreement deletes section 314 of the 
Senate bill expressing the sense of the Senate on Yucca 
Mountain.
      The conference agreement deletes section 315 of the 
Senate bill pertaining to consultations with the State of South 
Carolina on the disposition of plutonium. This issue is 
addressed in the statement of the managers.

                       Conference Recommendations

      The conference agreement's detailed funding 
recommendations for programs in title III are contained in the 
following table.


                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

      The conference agreement includes $71,290,000 for the 
Appalachian Regional Commission as proposed by the House 
instead of $66,290,000 as proposed by the Senate. The conferees 
support the Appalachian-Turkish Trade Project to promote trade 
and investment opportunities. Funding of $5,000,000 has been 
provided for a child development research center at the 
University of Alabama.
      From within available funds, the conferees have provided 
$250,000 for the University of Georgia to conduct a study to 
determine the feasibility of creating a commission to carry out 
a comprehensive program of economic and human resource 
development of the so-called Black Belt Region.

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

      The conference agreement includes $18,500,000 for the 
Defense Nuclear Facilities Safety Board as proposed by the 
House and Senate.

                        Delta Regional Authority

                         salaries and expenses

      The conference agreement includes $10,000,000 for the 
Delta Regional Authority instead of $20,000,000 as proposed by 
the Senate and no funding as proposed by the House. The 
conferees expect the Authority to submit quarterly financial 
reports providing detailed accounting data on the expenditure 
of funds during fiscal year 2002 and thereafter. The conferees 
also expect to receive from the Authority a detailed budget 
justification if funds are requested in fiscal year 2003.

                           Denali Commission

      The conference agreement includes $38,000,000 for the 
Denali Commission instead of $40,000,000 as proposed by the 
Senate and no funding as proposed by the House. The conferees 
expect the Denali Commission to submit quarterly financial 
reports providing detailed accounting data on the expenditure 
of funds during fiscal year 2002 and thereafter. The conferees 
also expect to receive from the Commission a detailed budget 
justification if funds are requested in fiscal year 2003.

                     Nuclear Regulatory Commission

                         salaries and expenses

      The conference agreement includes $516,900,000 as 
proposed by the House and the Senate, to be offset by revenues 
of $473,520,000, as proposed by the House, for a net 
appropriation of $43,380,000. This reflects the statutory 
language adopted by the conference in the prior fiscal year to 
reduce the fee recovery requirement to 96 percent in fiscal 
year 2002. The conference amount provides an increase of 
$10,000,000 over the budget request, with the standard formula 
for fee recovery being applied to this added increment of 
funding.
      The conference agreement includes language prohibiting 
the implementation or enforcement of the revised 10 C.F.R. Part 
35, as adopted by the Nuclear Regulatory Commission on October 
23, 2000, with respect to diagnostic nuclear medicine, except 
for those parts of the new rule which establish revised 
training and experience requirements for persons seeking 
licensing as authorized users, until after the Commission has 
provided a report to the House and Senate Committees on 
Appropriations explaining why the regulatory burden could not 
be reduced further in the new rule without adversely affecting 
public health and safety. The conferees direct the Commission 
to submit this report not later than January 31, 2002. The 
language included in the conference agreement is only an 
interim measure until a more permanent solution can be reached, 
either by the authorization committees or through a revised 
rulemaking.

                      Office of Inspector General

      The conference agreement includes $6,180,000 as proposed 
by the House, to be offset by revenues of $5,933,000, for a net 
appropriation of $247,000. This reflects the statutory language 
adopted by the conference in the prior fiscal year to reduce 
the fee recovery requirement to 96 percent in fiscal year 2002.

                  Nuclear Waste Technical Review Board

                         salaries and expenses

      The conference agreement provides $3,100,000 as proposed 
by the House instead of $3,500,000 as proposed by the Senate.

                                TITLE V

                           GENERAL PROVISIONS

      Sec. 501. The conference agreement includes language 
directing that none of the funds in this Act may be used in any 
way, directly or indirectly, to influence congressional action 
on any legislation or appropriation matters pending before 
Congress, other than to communicate to Members of Congress as 
described in section 1913 of title 18, United States Code. This 
provision has been carried in previous Energy and Water 
Development Appropriations Acts.
      Sec. 502. The conference agreement includes language 
regarding the purchase of American-made equipment and products, 
and prohibiting contracts with persons falsely labeling 
products as made in America. This provision has been carried in 
previous Energy and Water Development Appropriations Acts.
      Sec. 503. The conference agreement modifies language 
proposed by the Senate to require the Secretary of the Army to 
conduct a study on the environmental effects of oil and gas 
drilling in the Great Lakes and prohibit Federal and State 
issuance of permits or leases for new drilling from October 1, 
2001 through September 30, 2003.
      Provisions not adopted.--The conference agreement deletes 
Section 503 of the House bill providing that no funds may be 
used to determine the final point of discharge for the 
interceptor drain for the San Luis Unit of the Central Valley 
Project until certain conditions are met. This provision has 
been moved to Title II of the bill as proposed by the Senate.
      The conference agreement deletes Section 505 of the House 
bill pertaining to the Buy American Act.
      The conference agreement deletes Section 506 of the House 
bill prohibiting the use of funds to drill for gas and oil in 
the Mosquito Creek Reservoir in Ohio.

                   Conference Total--With Comparisons

      The total new budget (obligational) authority for the 
fiscal year 2002 recommended by the Committee of Conference, 
with comparisons to the fiscal year 2001 amount, the 2002 
budget estimates, and the House and Senate bills for 2002 
follow:

                        [In thousands of dollars]

New budget (obligational) authority, fiscal year 2001...     $24,512,565
Budget estimates of new (obligational) authority, fiscal 
    year 2002...........................................      23,008,002
House bill, fiscal year 2002............................      24,195,000
Senate bill, fiscal year 2002...........................      25,448,837
Conference agreement, fiscal year 2002..................      25,086,000
Conference agreement compared with:
    New budget (obligational) authority, fiscal year 
      2001..............................................        +573,435
    Budget estimates of new (obligational) authority, 
      fiscal year 2002..................................      +2,077,998
    House bill, fiscal year 2002........................        +891,000
    Senate bill, fiscal year 2002.......................        -362,837

                                   Sonny Callahan,
                                   Harold Rogers,
                                   Rodney P. Frelinghuysen,
                                   Tom Latham,
                                   Roger F. Wicker,
                                   Zach Wamp,
                                   Jo Ann Emerson,
                                   John T. Doolittle,
                                   Bill Young,
                                   Peter J. Visclosky,
                                   Ed Pastor,
                                   James E. Clyburn,
                                   Lucille Roybal-Allard,
                                 Managers on the Part of the House.

                                   Pete V. Domenici,
                                   Thad Cochran,
                                   Mitch McConnell,
                                   Robert F. Bennett,
                                   Conrad Burns,
                                   Larry Craig,
                                   Ted Stevens,
                                   Harry Reid,
                                   Robert C. Byrd,
                                   Fritz Hollings,
                                   Patty Murray,
                                   Byron L. Dorgan,
                                   Dianne Feinstein,
                                   Tom Harkin,
                                   Daniel K. Inouye,
                                Managers on the Part of the Senate.